13-86 ~ ORDINANCE NO. 13-86
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DELRAY
BEACH, FLORIDA, AMENDING ORDINANCE NO. 81-85 BY AMENDING
SECTION 1, THE LAST PARAGRAPH, THEREOF, BY REPEALING
EXHIBIT A, LAKE IDA COMMERCE CENTER CONDITIONS OF
APPROVAL AND ADOPTING A NEW AMENDED EXHIBIT A, DELRAY
PARK OF COMMERCE, FORMERLY KNOWN AS LAKE IDA COMMERCE
CENTER, CONDITIONS OF APPROVAL WHICH REQUIRES COMPLIANCE
WITH THE CONCEPTUAL MASTER PLAN, CERTAIN ROAD
IMPROVEMENTS, DEDICATION OF RIGHT-OF-WAY, CONTRIBUTION
FOR ADDITIONAL LANES ON CONGRESS AVENUE, PLATTING,
CONTRIBUTION FOR BEAUTIFICATION, BINDING LETTER THAT
PROJECT IS NOT A DRI, AND FURTHER AMENDING THE LAST
PARAGRAPH OF SECTION 1 TO REQUIRE COMPLIANCE BY THE
DEVELOPER OF THE APPROVED CONCEPTUAL MASTER PLAN, AS MAY
BE AMENDED PURSUANT TO LAW; PROVIDING A SAVING CLAUSE;
PROVIDING AN EFFECTIVE DATE.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY
OF DELRAY BEACH, FLORIDA, AS FOLLOWS:
Section 1. That Ordinance No. 81-85, Section 1, the last
paragraph is hereby amended to read as follows:
That pursuant to the provisions of Section 30-15.2(P) (8)
of the Code of Ordinances, said rezoning is expressly
conditioned upon the developer fully complying with all
of the requirements and conditions which are set forth in
Amended Exhibit A, which is attached to this Ordinance
and made a part hereof, and to compliance by the
~ developer with the approved Master Conceptual Plan,
prepared by Post Buckley, Schuh and Jernigan, Inc. dated
September, 1985, as may be amended pursuant to law.
Section 2. That all other references contained in Ordinance
No. 81-85 to the Lake Ida Commerce Center, except as amended herein or
in the future, shall be changed to Delray Park of Commerce and the
conditions applicable to the former name shall be applicable to Delray
Park of Commerce.
Section 3. 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 4. That this ordinance shall become effective
immediately upon passage on second and final reading.
PASSED AND ADOPTED in regular session on second and final
reading on this the llth day of March , 1986.
MAYOR
ATTEST:
First Reading February 25, 1986
Second Reading March 11, 1986
DELRAY PARK OF COMMERCE
FORMERLY KNOWN AS
LAKE IDA COMMERCE CENTER
CONDITIONS OF APPROVAL
1. The approval of the rezoning and the conceptual master
plan is subject to adherence to the "Addendum to
Conceptual Master Plan, Lake Ida Commerce Center",
attached hereto and made a part hereof as Exhibit 1.
2. The location of the southern entrance on Congress Avenue
is tentative. The final location of the entrance shall be
determined based upon the location of a median opening in
this area by Palm Beach County as reflected on the
County's construction plans for the widening of Congress
Avenue. Such final entrance location shall be approved by
the City of Delray Beach Planning and Engineering Depart-
ments, taking into consideration the location of other
approved entrances in the area. This main entrance road
shall be a 4-lane divided section without median openings,
shall contain 12' wide lanes and provide 6' sidewalks on
each side.
3. Adequate right-of-way shall be dedicated on Lake Ida Road
to account for the Palm Beach County Thoroughfare Plan
requirements, in addition to any requirements for turning
lanes necessary for the ultimate section. This shall be
determined by the City in consultation with Palm Beach
County at the time of plat approval.
4. The rights-of-way shown for the private roadway system are
tentative, and subject to final approval on the plat. The
rights-of-way, however, shall include a 2-lane divided
section with left turn lanes, swale drainage and a
pedestrian circulation plan consisting of 6 foot sidewalks
on one side of the street serving Tracts B, C, N, and R,
and a 2-lane section, swale drainage and 6 foot sidewalks
on one side of the street serving the remaining tracts.
Left turn lanes shall be provided within the median such
that openings are at least 200' from Lake Ida Road and the
main entrance road and at least 200' from each other.
5. A right turn lane and a left turn lane shall be con-
structed into each project entrance on Congress Avenue in
accordance with County standards concurrent with construc-
tion of each entrance.
6. A right turn lane shall be constructed on Lake Ida Road
into the project entrance in accordance with County
standards at the time the entrance is constructed.
7. Left turn movements into and out of the project entrance
on Lake Ida Road shall be prohibited. This shall be
accomplished through the construction of a median.
8. The developer will construct the median described in
paragraph 7 and a right turn lane on Lake Ida Road for
righ~ turns onto Congress Avenue. These improvements
shall be completed prior to any Certificate of Occupancy
in Tracts B or R, or the construction of the entrance.
9. A traffic signal shall be installed at the northern
entrance on Congress Avenue, with separate left turn
phasing if appropriate, at the time of construction of
this entrance or at such other time as warrants are met.
In addition, the other entrances shall be provided with
stop signs and other appropriate traffic control signs and
pavement markings at the time of construction of the
entrances.
10. In addition to road impact fees otherwise required, a
contribution shall be made to the City of Delray Beach to
assist in the construction of two additional lanes on
Congress Avenue (i.e., to ultimately widen the road from
four lanes as programmed to six lanes as planned), along
the frontage of the property. To ensure that adequate
roadway capacity is available to serve this development in
the future, such contribution shall be made in accordance
with the following fair share formula:
a. % external trips X percent of trips assigned to
Congress Avenue frontage = % assigned trips
(AT).
b. AT % capacity of 2 additional lanes (i.e.,
14,000 trips per day) = project percent of
additional necessary capacity (PP).
c. PP X cost of 2 additional lanes for 1 mile
($750,000 or other approved amount) X % miles of
frontage on Congress Avenue = fair share contri-
bution.
The above contribution shall be calculated for the entire
property and allocated to each parcel on an acreage basis,
or a separate trip generation/assignment calculated on
each parcel, at the option of the applicant. Such calcu-
lation must be approved by the City prior to plat
approval. The amounts so derived for each parcel shall be
paid at the time of the first Certificate of Occupancy for
that parcel. Provided, however, that at such time as Palm
Beach County lets a contract for the construction of the
fifth and sixth lanes on Congress Avenue, the balance of
the total amount due shall be payable to the City by the
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owner(s) of the remaining undeveloped tracts, upon thirty
(30) days written notice by the City.
11. A plat of the entire property must be approved and
recorded prior to receipt of any certificate of occupancy
for any parcel, and must be consistent with the conditions
set ~orth above. Improvement plans, and bonds for all
improvements required under state law or city ordinance to
be bonded shall be submitted with the plat.
12. At the time of widening Congress Avenue to four lanes, a
contribution shall be made to the City for beautification
of Congress Avenue. Such contribution shall defray the
cost of irrigating and landscaping the median on Congress
Avenue in accordance with plans developed by the City.
Payment shall be made upon thirty (30) days written notice
by the City of its intent to begin the project. Such
payment shall not exceed $10.00 per front foot and shall
be applied in accordance with an ordinance to be adopted
by the City which the applicant understands and agrees
will be applicable to this project.
13. The applicant will submit for a binding letter stating
that this project is not a DRI. It is understood that the
City will not issue any building permits until the binding
letter is received.
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