Ord 45-01ORDINANCE NO. 45-01
AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF
DELRAY BEACH, FLORIDA, AMENDING ORDINANCE NO. 1-98
WHICH COMPRISES THE SAD (SPECIAL ACTIVITIES DISTRICT)
ZONING ORDINANCE AND CONDITIONS FOR FURTHER
DEVELOPMENT FOR WATERFORD PLACE, GENERALLY
LOCATED ON THE SOUTH SIDE OF LINTON BOULEVARD,
BETWEEN INTERSTATE-95 AND LINDELL BOULEVARD, BY
AMENDING SECTION 1, BY REPEALING PARAGRAPH 20, TO
ELIMINATE THE CONDITION OF APPROVAL REQUIRING A
CERTIFICATE OF OCCUPANCY FOR THE HOTEL TO BE ISSUED
PRIOR TO THE ISSUANCE OF A CERTIFICATE OF OCCUPANCY
FOR THE FINAL APARTMENT COMPLEX BUILDING;
PROVIDING A SAVING CLAUSE, A GENERAL REPEALER
CLAUSE, AND AN EFFECTIVE DATE.
WHEREAS, on January 20, 1998, the City Commission of the City of Delray Beach,
Florida, passed and adopted Ordinance 1-98 which comprises the SAD (Special Activities
District) Zoning Ordinance and conditions for further development for Waterford Place; and
WHEREAS, the current owners of the property are seeking an amendment to Ordinance 1-
98 to delete the condition of approval requiring a certificate of occupancy for the hotel to be issued
prior to the issuance of a certificate of occupancy for the final apartment complex building; and
WHEREAS, on August 20, 2001, the Planning and Zoning Board for the City of Delray
Beach, as Local Planning Agency, considered this matter at a public hearing and voted 7 to 0 to
recommend that Ordinance 1-98 be amended, based on positive findings.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY
OF DELRAY BEACH, FLORIDA, AS FOLLOWS:
Section 1. That Section 1 of Ordinance No. 1-98 is hereby amended by repealing
Paragraph 20.
Section 2. That should any section or provision of this ordinance or any portion thereof,
any paragraph, sentence, or word be declared by a court of competent jurisdiction to be invalid,
such decision shall not affect the validity of the remainder hereof as a whole or part thereof other
than the part declared to be invalid.
Section 3. That all ordinances or parts of ordinances in conflict herewith be, and the same
are hereby repealed.
Section 4. That this ordinance shall become effective immediately upon its passage on
second and final reading.
/~]a/~,~ PASSED~AND ADOPTED in regular session on second and final reading on this the
day of~'~ ,2001.
ATTEST M A Y O R
City Clerk
First Reading ~
Second Readin~~ / ~, ~!
2 ORD. NO. 45-01
MEMORANDUM
TO:
FROM:
SUBJECT:
DATE:
MAYOR AND CITY COMMISSIONERS
CITY MANAGER
/o
AGENDA ITEM # A - REGULAR MEETING OF SEPTEMBER 19, 2001
ORDINANCE NO. 45-01 (AMENDING ORDINANCE NO. 1-98)
SEPTEMBER 14, 2001
This ordinance is before Commission for second reading and public hearing to amend Ordinance 1-
98, which comprises the Special Activities District (SAD) Zoning ordinance and conditions for
further development of Waterford Place, to eliminate the condition of approval requiring a Ceruficate
of Occupancy for the hotel to be issued prior to the ~ssuance of a Certificate of Occupancy for the
final apartment complex btulding.
At the first reading on September 4, 2001, Commassion unanimously approved this ordinance.
Recommend approval of Ordinance No. 45-01 on second and final reading.
Ref. S \Cxty Clerk\Clerk\Agmemo Ord45 01WateffordPlace 9 19 01 doc
TO:
THRU:
FROM:
SUBJECT:
HA DE , CI -I'Y MANAGER
ROBERT G. TEFFT, PLANNER
MEETING OF SEPTEMBER 4, 2001
FIRST READING OF AN ORDINANCE MODIFYING THE
APPROVED
WATERFORD PLACE SAD (SPECIAL ACTIVITIES DISTRICT) TO ELIMINATE
THE CONDITION OF APPROVAL REQUIRING A CERTIFICATE OF
OCCUPANCY FOR THE HOTEL TO BE ISSUED PRIOR TO THE ISSUANCE
OF A CERTIFICATE OF OCCUPANCY FOR THE FINAL MULTI-FAMILY
BUILDING.
In May of 1996, the SAD/DRI-DO for Waterford Place was modified to replace the approved
322,413 square feet of office space with 300 residential units and a seventy-eight (78) room
hotel. These actions were taken via Ordinance No. 11-96 and Resolution No. 37-96. During
deliberations associated with the change, City Commissioner's were concerned that the hotel
room component be constructed to address a shortage of hotel rooms in the City. To assure the
construction of this element of the SAD, a condition of approval was placed on the modification
that required the hotel component to be constructed prior to the issuance of a final Certificate of
Occupancy for the multi-family component.
The new developer is now seeking removal of the condition so build out of the apartments can
occur. As the development is part of a SAD the change is processed as a rezoning. The
applicant seeks the modification based upon a change in circumstances, which makes the
current zoning (with attached conditions) inappropriate. The shortage of hotel rooms is being
satisfied with the newly approved and proposed hotel rooms (Spanish River 120- 135 new
rooms, Hotel Vista Del Mar 70 rooms) and therefore the impetus for requiring the condition of
approval is being fulfilled.
At its meeting of August 20, 2001, the Planning and Zoning Board held a public hearing in
conjunction with review of the request. No one from the public spoke on the item. The Board
voted 7-0 to recommend that the condition of approval be removed, based upon positive
findings with respect to Chapter 3 (Performance Standards) and Section 2.4.5(D)(5) (Rezoning
Findings) of the Land Development Regulations, and policies of the Comprehensive Plan.
By motion, approve the Rezoning request to eliminate the condition of approval requiring a
Certificate of Occupancy for the hotel prior to the issuance of a Certificate of Occupancy for the
final apartment complex building for the Waterford Place SAD, based upon positive findings with
respect to Chapter 3 (Performance Standards) and Section 2.4.5(D)(5) (Rezoning Findings) of
the Land Development Regulations, and policies of the Comprehensive Plan.
Attachments:
[3 Planning and Zoning Board Staff Report
ORDINANCE NO. 45-01
AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF
DELRAY BEACH, FLORIDA, AMENDING ORDINANCE NO. 1-98
WHICH COMPRISES THE SAD (SPECIAL ACTIVITIES DISTRICT)
ZONING ORDINANCE AND CONDITIONS FOR FURTHER
DEVELOPMENT FOR WATERFORD PLACE, GENERALLY
LOCATED ON THE SOUTH SIDE OF LINTON BOULEVARD,
BETWEEN INTERSTATE-95 AND LINDELL BOULEVARD, BY
AMENDING SECTION 1, BY REPEALING PARAGRAPH 20, TO
ELIMINATE THE CONDITION OF APPROVAL REQUIRING A
CERTIFICATE OF OCCUPANCY FOR THE HOTEL TO BE ISSUED
PRIOR TO THE ISSUANCE OF A CERTIFICATE OF OCCUPANCY
FOR THE FINAL APARTMENT COMPLEX BUILDING;
PROVIDING A SAVING CLAUSE, A GENERAL REPEALER
CLAUSE, AND AN EFFECTIVE DATE.
WHEREAS, on January 20, 1998, the City Commission of the City of Delray Beach,
Florida, passed and adopted Ordinance 1-98 which comprises the SAD (Special Activities
District) Zoning Ordinance and conditions for further development for Waterford Place; and
WHEREAS, the current owners of the property are seeking an amendment to Ordinance 1-
98 to delete the condition of approval requiring a certificate of occupancy for the hotel to be issued
prior to the issuance of a certificate of occupancy for the final apartment complex building; and
WHEREAS, on August 20, 2001, the Planning and Zoning Board for the City of Delray
Beach, as Local Planning Agency, considered this matter at a public hearing and voted 7 to 0 to
recommend that Ordinance 1-98 be amended, based on positive findings.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY
OF DELRAY BEACH, FLORIDA, AS FOLLOWS:
Section 1. That Section 1 of Ordinance No. 1-98 is hereby amended by repealing
Paragraph 20.
Section 2. That should any section or provision of this ordinance or any portion thereof,
any paragraph, sentence, or word be declared by a court of competent jurisdiction to be invalid,
such decision shall not affect the validity of the remainder hereof as a whole or part thereof other
than the part declared to be invalid.
Section 3. That all ordinances or parts of ordinances in conflict herewith be, and the same
are hereby repealed.
Section 4. That this ordinance shall become effective immediately upon its passage on
second and final reading.
PASSED AND ADOPTED in regular session on second and final reading on this the
day of ,200
ATTEST
MAYOR
City Clerk
First Reading.
Second Reading
2 ORD. NO. 45-01
PLANNING AND ZONING BOARD
CITY OF DELRAY BEACH ---STAFF REPORT---
MEETING DATE:
AGENDA ITEM:
ITEM:
GENERAL DATA:
Owner/Applicant ............... Delint, Inc.
Agent ................................ Alan J. Ciklin, Esq.
Location ........................... Southeast corner of Lindell Blvd.
and SW 10t" Avenue.
Property Size ................... 43.69 acres
Existing FLUM ................. TRN (Transitional), GC (General
Commercial), OS (Open Space),
MD (Medium Density 5-12 dulacre)
Current Zoning ................. SAD (Special Activities District)
Adjacent Zoning .....Nor[n: SAD and PC (Planned
Commercial)
East: SAD and RM (Medium Density
Residential)
South: RM and R-l-AA (Single Family
Residential)
West: A (Agricultural)
Existing Land Use ............ Vacant Land, Home Depot, and
Waterford Apartments
Proposed Land Use ......... Home Depot. Waterford
Apartments, 300 unit MF (Multi
Family Development) and 78
Room Hotel.
Water Serv~c.e .................. Existing 12" main within the
existing spine road of the approved
.-,~,ar[m_m compte× (Waterford
Park Drive).
Sewer Service .................. Ex~sting 8" main within the ex~st)ng
spine road of the approved
Apartment complex (Waterford
Park Drive)
August 20, 2001
IV.D.
Rezoning Request for the Waterford Place SAD (Special Activities District) to
Delete the Condition of Approval Requiring a Certificate of Occupancy for the
Hotel to be Issued Prior to the Issuance of a Certificate of Occupancy for the
Final Apartment Complex Building.
f ~'~ l,'..-~- '
The action before the Board is that of making a recommendation on a rezoning and
associated modification to the Special Activities District (SAD) ordinance for the
Waterford Place SAD, pursuant to Section 2.4.5(D).
The subject property is approximately 43.69 acres and is bounded by The Home Depot
site to the noah, Waterford Apartments to the south, Lindell Boulevard to the east, and
1-95 to the west.
Pursuant to Section 4.4.25(C)(1), all SADs are established via an ordinance processed
as a rezoning. Further, pursuant to Section 2.2.2(E), the Local Planning Agency
(Planning and Zoning Board) shall review and make recommendations to the City
Commission with respect to the rezoning of any property within the City.
The Waterford Place project has an extensive land use history. The most recent land
use actions, which pertain to the current proposal, are as follows:
In May of 1996, the SAD/DRI-DO was modified to replace the approved 322,413
square feet of office space with 300 residential units and a seventy-eight (78) room
hotel. These actions were taken via Ordinance No. 11-96 and Resolution No. 37-96.
During deliberations associated with the change, City Commissioner's were concerned
that the hotel room component be constructed to address a shortage of hotel rooms in
the City. To assure the construction of this element of the SAD, a condition of approval
was placed on the modification that required the hotel component to be constructed
prior to the issuance of a final Certificate of Occupancy for the multi-family component.
On September 3, 1997, the Site Plan Review and Appearance Board (SPRAB)
approved, with conditions, the site plan for Carriage Homes of Waterford Park, a 300-
unit apartment complex containing 587 parking spaces, and associated landscaping,
subject to this and other conditions.
On January 20, 1998, the City Commission approved Ordinance No. 1-98, and
Resolution 6-98, which abandoned the Waterford Place/Delint Development of
Regional Impact (DRI). Ordinance No. 1-98 incorporated all of the conditions of the
DRI Development Order.
On June 6, 2001, SPRAB approved a modification to the previously approved Carriage
Homes of Waterford Place project for a new project to be named Alta Meadows. The
modifications were minor in nature and consisted of architectural elevation changes and
the conversion of a lake along the west side of the main access road into a recreation
area (open space).
P & Z Board Staff Reporl.
Modification to the SAD (Special Activities District) Ordinance for Waterford Place
Page 2
The proposal is to modify the Waterford Place SAD and associated Master Plan to
delete the condition of approval requiring a Certificate of Occupancy for the hotel to be
issued prior to the issuance of a Certificate of Occupancy for the final apartment
complex building.
REQUIRED FINDINGS (Chapter 3):
Pursuant to Section 3.1.1 (Required Findings), prior to the approval of
development applications, certain findings must be made in a form which is part
of the official record. This may be achieved through information on the
application, written materials submitted by the applicant, the staff report, or
minutes. Findings shall be made by the body which has the authority to approve
or deny the development application. These findings relate to the Future Land
Use Map, Concurrency, Comprehensive Plan Consistency, and Compliance with
the Land Development Regulations.
Future Land Use Map, Concurrency and Comprehensive Plan Consistency for the
Carriage Homes of Waterford Park development were previously addressed with the
abandonment of the DRI in 1998, and positive findings were made at the time.
Compliance with the Land Development Regulations with respect to Standards for
Rezoning Actions and Rezoning Findings are discussed below.
LDR Section 3.2.2 Standards for Rezoninq Actions:
As this request relates only to removing a condition of approval, these standards
are not applicable.
LDR Section 2.4.5(D)(5) Rezonin.q Findinqs:
Pursuant to Section 2.4.5(D)(5) Findings, in addition to the provisions of Chapter
Three, the City Commission must make a finding that the rezoning fulfills one of
the reasons for which the rezoning change is being sought. These reasons
include the following:
That the zoning had previously been changed, or was originally
established, in error;
That there has been a change in circumstances which make the current
zoning inappropriate;
P & Z Board Staff Report
Modification to the SAD (Special Actiwties District) Ordinance for Waterford Place
Page 3
That the requested zoning is of similar intensity as allowed under the
Future Land Use Map and that it is more appropriate for the property based
upon circumstances particular to the site and/or neighborhood.
The applicant has submitted a justification statement that states the following:
"The elimination of the Condition (No. 20) is based on a change in
circumstances, which makes the condition inappropriate.
The condition was added to the SAD approval based upon a need for additional
hotel rooms in the City. It was the desire of the Commission to keep the property
owners' attention on the need for hotel rooms; thus requiring a Certificate of
Occupancy for the hotel pdor to receipt of a Certificate of Occupancy for the last
building in the apartment complex.
Since that time, the property owner has acquired what was known as the
Spanish River Inn on East Atlantic Avenue and has already begun its plans for a
major renovation to convert this facility to a Marriott extended-stay hotel. A
demolition permit will be pulled shortly, if not already, to allow commencement of
the renovation which is planned to be completed for the upcoming season. The
initial phase of the renovation will result in 80-85 hotel rooms in addition to a new
entry, lobby, and swimming pool. This will also include a new four-story addition.
Phase II plans at present include a new four-story hotel wing to the east of the
existing structure and a five-level parking garage to provide both hotel and public
parking. The Phase II addition will result in another 40-50 rooms.
The property owner is fulF#ling the hotel room need contemplated by the
Condition but at another location which is more visible and will result in more
hotel rooms and a positive impact of the East Atlantic Avenue Area.
The apartment complex will be developed by Wood Partners and they are
moving ahead with their development plans for the upscale apartment
community. They would like to eliminate the condition so that the entire complex
may be completed without being tied to the residence hotel.
At the present time, the construction of the 78-room residence hotel will be
dictated by the marketplace after the Spanish River Inn property is renovated
and converted. However, the overall identified need for more hotel rooms whicl:
resulted in the condition is being met".
Comments: The basis for which the rezoning is being sought relates to item "b"
(Change in Circumstance). The condition of site plan approval was to ensure that the
much needed seventy-eight (78) hotel rooms were constructed.
P & Z Board Staff Report
Modification to the SAD (Special Activities District) Ordinance for Waterford Place
Page 4
The Spanish River Inn is presently a seventy-two (72) unit timeshare building that would
be converted into an eighty to eighty-five (80-85) room hotel. These rooms in addition
to the proposed future phase would result in between 120-135 new hotel rooms within
the downtown area.
In addition to these new hotel rooms a seventy (70) room hotel (Hotel Vista del Mar)
was recently approved at 64 South Ocean Boulevard, just south of the Boston's on the
Beach restaurant. With these newly approved and proposed hotel rooms a change in
circumstances has occurred that has effectively addressed the concerns which
promoted the placement of the condition of approval. Given this factor it appears
appropriate to support the removal of this condition.
COMPLIANCE WITH LAND DEVELOPMENT REGULATIONS:
Items identified in the Land Development Regulations shall specifically be
addressed by the body taking final action on the development proposal.
No modification to the existing development proposal is proposed with this rezoning.
The aforementioned hotel and apartment complex have already been approved through
previous modifications, and their site plans will not be affected with this rezoning.
Therefore, compliance with the Land Development Regulations has been achieved.
The Waterford Place SAD is not in a geographic area requiring review by the CRA
(Community Redevelopment Agency), DDA (Downtown Development Authority) or the
HPB (Historic Preservation Board).
Public Notice:
Formal public notice has been provided to property owners within a 500' radius of the
subject property. Letters of objection and/or support, if any, will be presented at the
Planning and Zoning Board meeting.
Positwe findings can De made with respect to this application's consistency with
Sections 3.1.1 (Required Findings), 3.2.2 (Standards for Rezoning Actions) and
2.4.5(D)(5) (Rezomng Findings) of the Land Development Regulations, and the policies
of the Comprehensive Plan. The rezoning of the SAD to eliminate the subject condition
of approval will allow the apartment complex to be completed without delay. The initial
impetus for requirin~ the condition of approval is being fulfilled, albeit in another area of
the City, via the development of the Spanish River Inn and Hotel Vista del Mar
properties within the downtown area.
P & Z Board Staff Report
Modification to the SAD (Special Act~wties D~strict) Ordinance for Waterford Place
Page 5
A. Continue with direction.
Recommend approval of the modification to the SAD for Waterford Place based
upon positive findings with respect to Chapter 3 (Performance Standards) and
LDR Section 2.4.5(D)(5) (Rezoning Findings) of the Land Development
Regulations, and policies of the Comprehensive Plan.
Recommend denial of the modification to the SAD for Waterford Place of the
based upon a failure to make a positive finding with respect to LDR Section
2.4.5(D)(5) (Rezoning Findings) the modification fails to fulfill at least one of the
reasons listed.
t
Recommend to the City Commission approval of the modification to the SAD for
Waterford Place based upon positive findings with respect to Chapter 3 (Performance
Standards) and Section 2.4.5(D)(5) (Rezoning Findings) of the Land Development
Regulations, and policies of the Comprehensive Plan.
Attachments:
[2Location Map
Staff Report Prepared by:
Robert G. Tefft, Planner
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