96-87 ORDINANCE NO. 96-87
AN ORDINANCE OF THE CITY COUNCIL OF THE
CITY OF DELRAY BEACH, FLORIDA, MODIFYING
THE WATERFORD PLACE (FORMERLY DELINT CENTER)
DEVELOPMENT OF REGIONAL IMPACT BY AMENDING
SECTION 3 (DEALING WITH THE SITE PLAN APPROVAL)
OF ORDINANCE NO. 79-84, A REZONING ORDINANCE
AND LOCAL ISSUES ITEM 22, TRANSPORTATION ITEMS
16, 17, 18, AND 19 OF RESOLUTION NO. 49-85
DEVELOPMENT ORDER; PROVIDING A SAVINGS CLAUSE;
PROVIDING A GENERAL REPEALER CLAUSE; AND
PROVIDING AN EFFECTIVE DATE
Whereas, Delint Limited, Inc., has requested modificatio~
to Waterford Place (Formerly Delint Center), an approved
Development of Regional Impact within the City of Delray
Beach, and
Whereas the requested modifications are 1) To delete the
southbound right turn lane at the intersection of Southwest
10th Avenue and Lindell Boulevard; 2) To amend the
measurement of project phasing from hotel rooms, residential
units and square feet of office space, to the equivalent
average daily traffic generation for each phase; and, 3) To
amend the approved site plan for the multiple family portion
of the approved site plan, and
WHEREAS, the Planning and Zoning Board, at a meeting held
November 16,1987 recommended that these proposed changes to
the Waterford Development of Regional Impact not be
considered as substantial deviations to the approved
Development Order, and
WHEREAS, the City Commission, as the governing body of the
local government having jurisdiction, pursuant to Chapter
380, Florida Statutes, is authorized and empowered to
consider applications for development approval and
notifications of proposed changes to previously approved
Developments of Regional Impacts, and
WHEREAS, the public notice requirements of the Delray Beach
Code and Chapter 380.06, F16rida Statutes, have been
satisfied, and
WHEREAS, the City Commission on the 24th day of November,
1987, held a duly noticed public h~aring on the requested
modifications to the approved Wares'ford Place Development of
Regional Impact,
NOW, THEREFORE, BE IT ORDAINED ~Y THE CITY
COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS:
Section 1. Section 3. of Ordinance 79-84 is hereby
amended to read:
That the development of the property described in Section 1
is to be in accordance with the approved site and
development plans, as modified by the conditions listed in
Section 2, re: Delint Center, Delray Beach, Florida,
prepared by Currie/Stubbins and Associates, A.I.A., P.A.,
Architects/Planners, 355 N.E. 5th Avenue, Delray Beach,
Florida 33444; Sheet Nos. 1, lA, 2, 2A, and 5LS, dated
September 14, 1984; and Sheet Nos. 1LS, 2L5, 3L5,
4L5, and 6L5, dated September 5, 1984; and Sheet Nos.
3A10, 4A10, 5A10, 6Al0, 7A10, 8A10, 9Al0 and 10A10,
dated August 1, 1984; and prepared by Paramount
Engineering Group, Engineers, Boca Raton, Florida,
Sheet Nos. 1E, 2E, and 3E, dated August 13, 1984; all
as amended (by Section 2 above); all of which are
incorporated by reference and made a part hereof and
upon which the City has relied in granting this
approval.
That the development of the property shall be in
accordance with Ordinance No. 79-84 and Resolution No.
49-85 except as modified by the site plan
titled "Waterford Village, Delra¥ Beach, Florida, An
Apartment Complex" Prepared and submitted for U.S.
Shelter Corp. as approved by the City Commission. on
November 24, 1987. Except as subsequently modified pursuant
"Zoning" Section 30-22 "Site and Development
to Chapter 30, ,
Plan ApProval", Subsection IF) Modification of Approved Site
and Development Plan" of the Code of Ordinances of the City
of Delra¥ Beach, Florida.
Section 2. That the "Local Issues" portion of the
Development Order (Resolution 49-85) item #22 is amended to
read as follows:
22. The Developer shall not receive building permits for
development equating to more than 6,073 average daily
trips (utilizing trip generation rates contained in the
application for development approval) until contracts
have been let for the improvement of Southwest 10th
Avenue between Lindell Boulevard and Linton Boulevard
to a 4-lane section constructed in accordance with City
specifications having bike lanes or their equivalent;
the intersection of Lindell Boulevard and Southwest
10th Avenue as indicated on Map J-5 of The Application
for Development Approval; and installation of a traffic
signal at the intersection of Lindell Boulevard and
Southwest 10th Avenue ('~nless the applicant can
demonstrate that the traffic signal is not warranted at
that time).
Construction of the south bound right turn lane on
South West 10th Avenue shall be deferred at this time,
and reconsidered concurrent with development proposals
(application for site and development plan approval) on
the Delint Center hotel site and/or the property to the
northwest of the intersection of S.W. 10th Avenue and
Lindell Boulevard.
If contracts for these improvements have been let by a
non-public agency for said improvements, then
Certificates of Occupancy for development equating to
more than 6,073 average daily trips shall not be issued
until all improvements have been completed.
Further, no building permits shall be issued after
December 31, 1988, unless the Contracts for the
-2- Ord. 96-87
improvements to Southwest 10th Avenue have been let or
the developer provides staff with evidence that the
roadway is operating at level of service C or better.
Section 3. That the "Transportation" portion of the
Development Order (Resolution 49-85) items 16, 17, 18, and
19 are modified to read as follows:
16. The developer shall not receive building permits for
~99?999-squmFe-~ee~-e~-e~ee-spmee development ~eneratin~
more than 4,329 daily trips, 472 AM or 450 PM peak hour
trips until contracts have been let for the conversion of
the northbound through lane to a right-turn lane has-been
p~ev~e~ on Congress Avenue at Linton Boulevard, the design
of which has been approved by Palm Beach County. If the
contract has been let by a non-public agency for the
improvements, then Certificates of Occupancy for ~he-~
e~-e~ee-spaee development generating more than 4,329 daily
trips, 472 AM or 450 PM peak hour trips shall not be issued
until this improvement has been completed.
Daily and peak hour trips will be calculated using the
trip generation rates specified in the Application for
Development Approval.
Further, the Development Order shall terminate if this
road improvement has not been completed by December 31,
1987, unless an extension of this date is agreed to be the
developer, the City of Delray Beach, and the Treasure Coast
Regional Planning Council.
17. The developer shall not receive building permits for
me~e-~hmn-~he-~g-~eem-he~e~7-~6-~es~en~m~-~n~s?-mn~-m
eam~m~ve-~e~m~-e~-e~ee-s~mee-e~-me~e-~hmn-~eeTeee-s~m~e
~ee~ development generating more than 6,032 daily trips, 733
AM or 716 PM peak hour trips, until contracts have been let
for the following improvements, the design of which has been
approved by Palm Beach County, and the determinations by the
Florida Department of Transportation have been provided to
the City of Delray Beach:
A. The construct'hon of ~an additional east and westbound
through lane on Li'~ton Boulevard at Congress Avenue;
B. Linton Boulevard has been 6-1aned from Congress Avenue
to Old Dixie Highway;
C. An additional eastbcand right-turn lane has been
constructed on Linton Boulevard at its intersection with
Seuthwest 10th ~venue;
D. The construction of a right and a left-turn lane on
Southwest 10th Avenue at the intersection with Linton
Boulevard;
E. Linton Boulevard at the 1-95 interchanges has been
restriped to the following configuration:
-3- Ord. 96-87
Eastbound
Three (3) approach lanes outside the interchange with
two (2) through lanes and one (1) through lane dropped
to a left-turn lane inside the interchange and two (2)
departure lanes which widen to three (3) departure
lanes with the third lane accommodating the northbound
exit going east.
Westbound
Three (3) approach lanes outside the interchange with
two (2) through lanes and one (1) through lane dropped
to a left-turn lane inside the interchange and two (2)
departure lanes, which widen to three (3) departure
lanes with the third lane accommodating the southbound
exit going west.
F. The construction of dual left-turn lanes on the
southbound off-ramp at the Linton Boulevard/I-95
Interchange.
G. The Florida Department of Transportation (FDOT) has
made a determination that the northbound and southbound
on-ramps at the 1-95/Linton Boulevard interchange will
operate at level of service C during annual average
conditions and level of service D during peak season
conditions without widening the ramps to two (2) lanes and
extending the ramps to provide for adequate merge operations
during the next phase of proposed development. The
developer shall provide to the FDOT a traffic study which
shall include anticipated growth in traffic projections as
well as ~a~e-~eme~a~e~-by-~he-~Be-~eem-he~e~?-~6
~es~e~a~-~n~s?-a~-48879~9-s~a~e-~ee~-e~-e~ee-s~aee
the 8,215 daily trips, 1,158 AM or 1,123 PM peak hour trips
cumulatively generated through this phase to assist in
making the required determination.
If contracts for the improvements identified in
subparagraphs A through F above, have been let by a
non-public agency for said improvements, then Certificates
of Occupancy for the cumulative.
he,cA develcDment generating not more than 6,032 dail~
trips, 73.2 ;M or 716 PM peak hour trips shall not be issued
until contracts for all improvements and determinations have
been completed.
Further, the Development Order shall terminate if the
improvement~, identified in subparagraphs A through F have
not been co~:pleted by December 31, 1988, unless an extension
of th~s date is agreed to by the de~eloper, the City of
Delray Beach, and Treasure Ceast Regional Planning Council.
18. The developer shall not receive building permits for
~ee~ development generating more than 8,215 daily trips,
1,,158 AM or 1,123 PM peak hour trips until contracts have
been let for the following improvements, the design of which
has been approved by Palm Beach County, and the
determinations by the Florida Department of Transportation
have been provided to the City of Delray Beach:
-4- Ord. 96-87
A. A second northbound left-turn lane has been added on
Southwest 10th Avenue at its intersection with Linton
Boulevard.
B. A second southbound left-turn lane has been provided on
Congress Avenue at its intersection with Linton Boulevard.
C. The Florida Department of Transportation (FDOT) has
made a determination that the northbound and southbound
on-ramps on-ramps at the 1-95/Linton Boulevard interchange
will operate at level of service C during annual average
conditions and level of service D during peak season
conditions without widening operations during the next phase
of proposed development. The developer shall provide to
FDOT a traffic study which shall include anticipated growt~'
in traffic projections as well as
fee~-e~-e~ee-sDaee the 10,395 dail~ trips, 1,583 AM or
1,531 PM peak hour trips cumulatively generated through this
phase.
If contracts for the improvements identified in
subparagraphs A and B, above, have been let by a non-public
agency for said improvements, then Certificates of Occupancy
for the cumulative total of
spaeeT-RB6-~es~efl~a~-~s?-a~d-~-~0-~eem-he~e~
development generating 8,215 daily trips, 1,158 AM or 1,123
PM peak hour trips shall not be issued until all
improvements have been completed.
Further, the Development Order shall terminate if the
improvements identified in subparagraphs A and B have not
been completed by December 31, 1991, unless an extension of
this date is agreed to by the developer, the City of Delray
Beach, and Treasure Coast Regional Planning Council.
19. The developer shall not receive building permits for
me~e-~ha~-a-e~mH~a~e-~e~a~-e~-689?~80-s~a~e-~ee~-ef
e~ee-spaeeT-~B6-~es~de~a~-H~s?-a~d-RSg-~eem-he~e~
development generating more than 10,395 daily trips, 1,583
AM or 1,531 PM peak hour trips until contracts have been let
for the following improvements, the design of which has been
approved by Palm Beach County, and the determinations by the
Fl~rida Department of Transportation havu been provided to
the City of Delray Beach.
A. The construction of a second eastboun! right-turn lane
on Linton Boulevard at its intersection wi:h Southwest 10th
Aw~nue.
B. The construction of a second westboun~ left-turn lane
on Linton Boulevard at its intersection wiah Southwest 10th
Avenue.
C. The construction of a second northbound right-turn lane
on Southwest. 10th Avenue at its intersection with Linton
Boulevard.
D. The Florida Department of Transportation (FDOT) has
made a determination that the northbound and southbound
on-ramps at the 1-95/Linton Boulevard interchange will
operate at level of service C during annual average
conditions and level of service D during peak season
conditions without widening the ramps to 2 lanes and
extending the ramps to provide for adequate merge operations
through buildout of the proposed development. The developer
-5- Ord. 96-87
~hall provide to FDOT a traffic study which shall
include anticipated growth in traffic projections as
well as ~a~f~e-~e~e~a~ed-b¥-~he-~e-~eem-he~e~?-RB6
space the 12,710 daily trips, 2~038 AM 9r 1,963 PM peak
hour triDs cumulatively generated through this phase.
If contracts for the improvements identified in
subparagraphs A through C above have been let by a
non-public agency for said improvements, then Certificates
of Occupancy for ~he-e~m~a~e-~e~-e~-699~e~e-sq~a~e-fee~
development generating not more than 10,395 dailx triDs,
1,583 AM or 1,531 PM peak hour trips shall not be issued
until improvements have been completed.
Further, the Development Order shall terminate if the
improvements identified in subparagraphs A through C have
not been completed and FDOT has not made the determination
required in subparagraph D by December 31, 1992, unless an
extension of this date is agreed to by the developer, the
City of Delray Beach, and Treasure Coast Regional Planning
Council.
Section 4. Certified copies of this ordinance shall be
transmitted immediately by certified mail to the Bureau of
Land and Water Management, the Treasure Coast Regional
Planning Council and Delint Ltd., Inc.
Section 5. In the event that any portion or section of
this ordinance is deemed to be invalid, illegal or
unconstitutional by a court of competent jurisdiction, such
decision shall in no manner affect the remaining portions of
sections of this ordinance, which shall remain in full force
and effect.
Section 6. That all ordinances or parts of ordinances
in conflict herewith be and the same are hereby repealed.
Section 7. That this ordinance shall become effective
ten days after passage on second and final reading.
PASSED AND ADOPTED in special session on secord and
final reading on this the22ndday of Decemb~ _, 1987.
M A Y O ~
ATTEST:
.t;~i. ty Clerk
First Reading December 1, 1987
Second Reading December 22, 1987
-6- Ord. 96-87