TO: Mayor and Commissioners
FROM: Anthea Gianniotes, Development Services Director
THROUGH: Terrence R. Moore, ICMA-CM
DATE: May 5, 2026
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RESOLUTION NO. 20-26: A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, APPROVING A CONDITIONAL USE TO ALLOW A 24-HOUR BUSINESS TO OPERATE AT 3921 WEST ATLANTIC AVENUE, AS MORE PARTICULARLY DESCRIBED HEREIN, PURSUANT TO THE LAND DEVELOPMENT REGULATIONS OF THE CODE OF ORDINANCES AND THE COMPREHENSIVE PLAN OF THE CITY OF DELRAY BEACH; PROVIDING AN EFFECTIVE DATE; AND FOR OTHER PURPOSES (QUASI JUDICIAL).
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Recommended Action:
Recommendation
Consider a Conditional Use request to allow the establishment of a 24-Hour or Late-Night Use (Freestanding Emergency Department) at 3921 West Atlantic Avenue.
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Background:
The applicant, JFK Medical Center Limited Partnership, requests Conditional Use approval to operate a 24-hour, 10,860 square-foot freestanding emergency department (FSED) at 3921 West Atlantic Avenue. Medical offices and medical clinics are allowed as Principal uses within the POC zoning district, which means they are allowed by right during regular business hours. In Delray Beach, regular business hours end at midnight and begin at 5 am. Conditional use approval is required for any commercial use to operate 24 hours within 300 feet of residentially zoned property. The subject property is located within 300 feet of residentially zoned property. FSEDs are required by state and federal regulations to operate 24/7; therefore, the facility requires conditional use approval as a 24-Hour or Late Night Business.
To approve a conditional use, applications must be consistent with the Comprehensive Plan and meet the following findings:
LDR Section 2.4.6(A)(5) Establishment of a Conditional Use, Findings
In addition to provisions of Chapter 3, the City Commission must make findings that establishing the conditional use will not:
a) Have a significantly detrimental effect upon th...
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