10-96 ORDINANCE NO. 10-96
AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF
DELRAY BEACH, FLORIDA, CHANGING THE FUTURE LAND USE
MAP DESIGNATION IN THE fX)MPREHENSIVE PLAN FOR A
PORTION OF THE ~%TERFORD PLACE/DELINT DEVELOPMENT OF
REGIONAL IMPACT, AS MORE PARTICULARLY DESCRIBED
HEREIN, FROM COMMERCE TO MEDIUM DENSITY RESIDENTIAL
5-12 DWELLING UNITS/ACRE FOR A 31.77 ACRE PORTION OF
THE SITE, AND FROM COMME~E TO TRANSITIONAL FOR A 4
ACRE PORTION OF THE SITE; PURSUANT TO THE PROVISIONS
OF FLORIDA STATUTES SECTION 380.06(6)(b); PROVIDING A
SAVING CLAUSE, A GENERAL REPEALER CLAUSE, AND AN
WHEREAS, the property hereinafter described is designated on
the Future Land Use Map (FLUM) in the Comprehensive Plan for the City
of Delray Beach, Florida, as Commerce; and
WHEREAS, on January 22, 1996, the Planning and Zoning Board
for the City of Delray Beach, as Local Planning Agency, considered
this matter at public hearing and voted 5 to 1 to recommend that the
FLUM designation be changed from Commerce to Medium Density
Residential 5-12 du/acre for a 31 acre portion of the site, and from
Commerce to Transitional for a 4 acre portion of the site, based upon
positive findings; and
WHEREAS, it is appropriate that the Future Land Use Map in
the Comprehensive Plan be amended to reflect FLUM designations of
Medium Density B~sidential 5-12 du/acre and Transitional.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE
CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS:
Section 1. ~nat the legal description of the subject
property is as follows:
PARCEL "A"
A portion of Parcel 4, LINTON CENTER, as recorded in
Plat Book 39, Pages 8 and 9 of the Public Records of
Palm Beach County, Florida, lying in Section 29,
Township 46 South, Range 43 East, City of Delray
Beach, Palm Beach county, Florida, being more
particularly described as follows:
Beginning at the intersection of the Westerly
right-of-way line of Lindell Boulevard as shown on
said Plat of LINTON CENTER and the extension of the
centerline of the right-of-way of Southwest 10th
Avenue as shown on said Plat; (1) thence, South 46
degrees 49' 15" West, a distance of 220.29 feet; (2)
thence, North 43 degrees 10' 45" West, a distance of
288.31 feet; (3) thence, South 46 degrees 49' 15"
West, a distance of 204.94 feet; the last three (3)
described courses being contiguous with the Southerly
boundary of BUILDERS SQUARE - LINTON CENTER, as
recorded in Plat Book 70, Pages 137-138 of the Public
Records of Palm Beach County, Florida; thence, South
00 degrees 00' 00" East, a distance of 143.49 feet;
thence, South 46 degrees 49' 33" East, a distance of
159.16 feet to a point of curvature of a non-tangent
curve, whose radius bears South 59 degrees 12' 31"
East, having a radius of 390.00 feet and a central
angle of 30 degrees 47' 29"; thence, Southeasterly
along the arc of said curve a distance of 209.59
feet; thence, South 00 degrees 00' 00" West, a
distance of 183.90 feet; thence, North 46 degrees 01'
26" West, a distance of 674.91 feet; thence, South 43
degrees 58' 34" West, a distance of 79.99 feet;
thence, South 00 degrees 00' 00" East, a distance of
46.31 feet; thence, South 45 degrees 00' 00" East, a
distance of 287.25 feet; thence, South 45 degrees 00'
00" West, a distance of 289.49 feet; thence, South 31
degrees 55' 20" West, a distance of 414.80 feet;
thence, South 00 degrees 00' 00" East, a distance of
20.00 feet; thence, South 45 degrees 00' 00" East, a
distance of 557.25 feet; thence, South 65 degrees 00'
00" East, a distance of 89.93 feet; thence, South 90
degrees 00' 00" East, a distance of 126.21 feet;
thence, North 45 degrees 00' 00" East, a distance of
148.86 feet; thence, North 90 degrees 00' 00" East, a
distance of 34.68 feet; thence, South 54 degrees 00'
00" East, a distance of 119.77 feet; thence, North 62
degrees 00' 00" East, a distance of 145.00 feet;
thence, North 67 degrees 13' 21" East, a distance of
31.18 feet; thence, North 24 degrees 30' 00" East, a
distance of 20.73 feet; thence, North 49 degrees 00'
00" East, a distance of 227.50 feet; thence, North 44
degrees 51' 05" East, a distance of 242.4! feet;
thence, North 38 degrees 00' 00" West, a distance of
132.36 feet; thence North 00 degrees 00' 00" West, a
- 2 - Ord. No. ~0-96
distance of 70.00 feet; thence, North 45 degrees 00'
00" East, a distance of 158 39 feet; thence, North 00
·
degrees 00' 00" East, a distance of 148.50 feet;
thence, North 22 degrees 30' 00" East, a distance of
19.13 feet; thence, North 81 degrees 47' 49" East, a
distance of 197.56 feet; thence, North 46 degrees 49'
15" East, a distance of 46.26 feet; thence, North 38
degrees 11' 01" West, a distance of 123.10 feet;
thence, North 45 degrees 00' 00" West, a distance of
540.00 feet; thence, North 46 degrees 49' 15" East, a
distance of 119.20 feet; thence, North 43 degrees 10'
34" West, a distance of 50.00 feet to the Point of
Beginning; the last course being coincident with the
Westerly right-of-way line of said Lindell Boulevard.
The subject property is located south of Linton
Boulevard, between Interstate-95 and Lindell
Boulevard; containing 31.77 acres, more or less, and
subject to easements, covenants, restrictions,
reservations and rights-of-way of record.
PARCEL "B"
A portion of Parcel 4, LINTON CENTER, as recorded in
Plat Book 39, Pages 8 and 9 of the Public Records of
Palm Beach County, Florida, lying in Section 29,
Township 46 South, Range 43 East, City of Delray
Beach, Palm Beach County, Florida, being more
particularly described as follows:
Commencing at the intersection of the Westerly
right-of-way line of Lindell Boulevard as shown on
said Plat of LINTON CENTER and the extension of the
centerline of the right-of-way of Southwest 10th
Avenue as shown on said Plat; (1) thence, South 46
degrees 49' 15" West, a distance of 220.29 feet; (2)
thence, North 43 degrees 10' 45" West, a distance of
288.31 feet; (3) thence, South 46 degrees 49' 15"
West, a distance of 204.94 feet to the Point of
Beginning; (4) thence, South 87 degrees 12' 58" West,
a distance of 276.44 feet; the last four (4)
described courses being contiguous with the Southerly
boundary of BUILDERS SQUARE - LINTON CENTER, as
recorded in Plat Book 70, Pages 137-138 of the Public
Records of Palm Beach County, Florida; thence, South
43 degrees 58' 34" West, a distance of 213.84 feet;
- 3 - Ord. No. 10-96
thence, South 46 degrees 01' 26" East, a distance of
674.91 feet; thence, North, a distance of 183.90 feet
to a point on a curve concave to the Southeast,
having a radius of 390.00 feet and a central angle of
30 degrees 47' 29"; thence, along the arc of said
curve a distance of 209.59 feet; thence, North 46
degrees 49' 33" West, a distance of 159.16 feet;
thence, North, a distance of 143.49 feet to the Point
of Beginning.
The subject property is located south of Linton
Boulevard, between Interstate-95 and Lindell
Boulevard; containing 4.00 acres, more or less, and
subject to easements, covenants, restrictions,
reservations and rights-of-way of record.
Section 2. That the Future Land Use Map designation in the
Comprehensive Plan for the subject property hereinabove described as
Parcel "A" is hereby changed from Commerce to Medium Density
Residential 5-12 du/acre.
~_~ That the Future Land Use Map designation in the
Comprehensive Plan for the subject property hereinabove described as
Parcel "B" is hereby changed from Commerce to Transitional.
Section 4. That this plan amendment is made pursuant to the
provisions of Florida Statutes Section 380.06(6)(b) with respect to
it being exempt from statutory limits on the frequency of
consideration to amendments to the local comprehensive plan.
~_~ That all ordinances or parts of ordinances in
conflict herewith be, and the same are hereby repealed.
Section 6. 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 7, That this ordinance shall become effective upon
the date a final order is issued by the Department of Community
Affairs finding the amendment to be in compliance in accordance with
Chapter 163.3184, F.S.; or the date a final order is issued by the
Administration Commission finding the amendment to be in compliance in
accordance with Chapter 163.3184, F.S.
- 4 - Ord. No. 10-96
PASSED AND ADOPTED in regular session on second and final
reading on this the 7th day of May , 1996.
ATTEST:
~City C~rk '
First Reading February 6, 1996
Second Reading May 7, 1996
- 5 - Ord. No. 10-96
II
~, N PROPOSED F.L.U.~. DESIGNATIONS
lmm ~ AREA PROPOSED F~ ~ AREA PRiDeD FOR
j~ PLANNiN~ O[P~TMENT MEDIUM OEN~TY LAND USE
O~ ~ OCLRAY ~A~. FL ~ANSITI~AL LAND USE DESI~ATION. DE~GNA~ON.
-- O/G/FA( ~Sf ~ S~TE~ --
Notes re: Waterford Place/Delint DRI modification
Reference F.S. 380.06 (1994 Supplement)
Applicant has submitted a proposal to modify the approved DRI by
replacing the 322,413 sq.ft, office/research and development
component with a 300-unit apartment complex and a 78-unit
residence/business hotel.
The following actions are necessary and should occur in the
sequence shown:
(1)/D~ermination re Substantial D~vi~tion.
Requires public hearing before Commission for the purpose of
%\ determining whether the proposed change constitutes a
substantial deviation requiring further development-of-
regional-impact review.
Public hearing requires notice (standard legal ad 10 days
prior to date of public hearing) PUBLISH JANUARY 26, 1996/
for PH on 2/6/96 (ref: DRIADV)
~,/Future Land Use MaD (FLUM) Amendment:
~L~~ProPosed change -is FROM Commerce TO Medium Density
~.~ Residential 5-12 du/acre (31.19 acres) and Transitional (4
~;~ ~ acres)
V~O.,o~\~ Treated the same as a regular Comp. Plan Amendment, but is
~ exempt from the 2x/yr restriction since it is a DRI (see
F.S. 380.06(6)(b)
Transmittal hearing scheduled for 2/6/96 (requires display
ad approx. 7 days prior, with map - see
PUBLISH JANUARY 29, 1996/
FOR THIS APPLICATION, 1ST READING OF ORDINANCE (#10-96) WILL
BE HELD IN CONJUNCTION WITH THE TRANSMITTAL HEARING. THE
!~ FLUM THEN GOES TO DCA FOR 60 DAY REVIEW. HENCE, SECOND
READING OF THE ORDINANCE WILL BE HELD AT THE SECOND PUBLIC
HEARING FOR ADOPTION - EXPECTED TO OCCUR APRIL 1996 - CHECK
~ STATUS END OF MARCH 1996 ~/~. ~d~s ~,~
(3) Modification of Approved SAD with attendant Master
~9~)._~ Development Plan for the Waterford Place/D~lin~ D,R,I,
~~fi~ 1st reading of ordinance (#11-96) on 2/6/96
~ 2nd reading/public hearing will bc he!~ along with the
a~option h~a~ing fo~ th~ PLUM, probably April 19~6 3~ ~f ~.~ ~/~/~
;Modification of the DRI Development .Qr~r
~Will be done by Resolution at the same the adoption hearing
is held (see 380.06(19)(f)6. for reference)
MEMORANDUM
TO: MAYOR AND CITY COMMISSIONERS
FROM: CITY MANAGER ~i~I
SUBJECT: AGENDA ITEM # /O.~ - MEETING OF MAY 7, 1996
SECOND READING/PUBLIC HEARING FOR ORDINANCE NO. 10-96 (FUTURE
LAND USE MAP AMENDMENT FOR A PORTION OF ~ATERFORD PLACE/DELINT
DRI); AND
RESOLUTION NO. 37-96 MODIFYING THE DEVELOPMENT ORDER
DATE: MAY 3, 1996
This is second reading and the second public hearing for Ordinance No.
10-96 changing the Future Land Use Map (FLUM) designation for a 35.77 acre
portion of the Waterford Place Development of Regional Impact (DRI). The
current designation is Commerce. The proposed designations are Medium
Density Residential (5-12 dwelling units/acre) for a 31.77 acre portion of
the site, and Transitional for the remaining four acres.
On February 6, 1996, Commission passed the ordinance on first reading and
authorized transmittal to the Department of Community Affairs. DCA
reviewed the FLUM amendment and had no comments. The Future Land Use Map
cb~nge was accompanied by a Master Development Plan modification, SAD
zoning modification, and a DRI Development Order modification to allow the
replacement of the 322,413 sq.ft, office use component with a 300 unit
rental apartment project and a 78 unit residence/business hotel. The
revised master development plan and SAD zoning aspects were approved by
Commission with the adoption of Ordinance No. 11-96 on March 5, 1996.
However, the approval does not become effective until Ordinance No. 10-96
is adopted and becomes effective.
In addition, Resolution No. 37-96 is before the Commission for
consideration. It modifies the DRI Development Order to reflect the
changes brought about by the revised development proposal.
The Planning and Zoning Board considered this item at public hearing on
Janu_ary 22, 1996. After discussion, the Board voted 5 to 1 (Schwartz
dissenting; Schmidt absent) to recommend approval of the FLUM amendment.
concerns had been expressed over certain school issues. The Planning and
Zoning Board reviewed these issues before making its recommendation.
Additional correspondence from the School Board and the applicant is
included with the backup material.
Recommend approval of Ordinance No. 10-96 on second and final reading, and
approval of Resolution No. 37-96 modifying the DRI-DO, based on the
findings and recommendation of the Planning and Zoning Board.
ref: agmemol0 /dP, ~.
/o. I
TO: ~xVI~ T. H(ARDEN, CITY MANAGER
THRU: DIANE DOMINGUEZ, D~E(~TOR
DEPARTMENT OF PLANNING AND ZONING
FROM: PAUL DORLING, PtR~CIPAL PLANNER
SUBJECT: MEETING OF MAY 7, 1996 SECOND READING OF A FUTURE
LAND USE MAP AMENDMENT FROM COMMERCE TO A
COMBINATION OF MEDIUM DENSITY ($-12 UNITS PER ACRE)
AND TRANSITIONAL FOR A 35 ACRE PORTION OF THE
WATERFORD DRI, LOCATED SOUTH OF LINTON BLVD. EAST
OF 1-95, AND CONSIDERATION OF ASSOCIATED CHANGES
TO THE DEVELOPMENT OF REGIONAL IMPACT -
DEVELOPMENT ORDER (DRI-DO).
The action requested of the City Commission is approval on second
reading of Ordinance 10-96, a Future Land Use Map Amendment for a
portion of Waterford Place/Delint DRI along with approval of Resolution #
37-96 which modifies the associated Development Order.
The subject property is located south of Linton Boulevard and east of 1-95.
The applicant is requesting a Future Land Use Map amendment for the vacant
35 acre portion of the Waterford/Delint DRI from Commerce to a combination of
Transitional (4 acres) and Medium Density Residential (31.77 acres). The Future
Land Use Map change is accompanied by a Master Development Plan
modification, SAD zoning modification and a DRI/DO (Development of Regional
Impact Development Order) all of which replace the approved 322,413 sq.ft, of
office use with a 300 unit upscale rental apartment project and a 78 unit
residence/business hotel.
The SAD ordinance and associated Master Development Plan were approved by
City Commission on March 5, 1996 with an effective date tied to the approval of
the FLUM amendment and the DRI/DO modification.
The proposed changes to the DRI/DO (Resolution # 37-96) relate to modifying
the list of approved uses and dates of the applicable SAD ordinance and
approved master plan. In summary the proposed DRI/DO changes are;
· Deletion of 322,413 sq.ft, of office space.
· Addition of 300 upscale rental units with associated recreation units.
· Addition of a 78 room business/residential hotel.
· Change to Condition # 1 which will modify the date to reflect the most
current Master Development Plan approval (March 5, 1996).
· Change to Condition # 21 which will add the current SAD ordinance
(Ordinance 11-96).
· Change to Condition # 21B which will add the date and ordinance for
the recently approved Master Development Plan (March 5, 1996,
Ordinance 11-96).
Several other DRI/DO conditions are affected by the development proposal and
are discussed below. Some of these conditions are no longer applicable
(Condition #15) or have been adequately addressed (Conditions #19, #22C),
however, the Department of Community Affairs has requested they remain in the
Development Order. These include:
Condition # 15 pertaining to energy efficiency. This condition requires energy
efficient construction in all office buildings in the DRI. As the office component
is being eliminated this condition is no longer applicable.
Condition # 19 B requires turn lane improvements on Linton Blvd. / SW 10th
Avenue. These improvements have been completed. It is noted that in some
cases the pavement has been installed yet the turn lanes are striped out
(restricted) pending the need for the improvement.
Condition # 20 assesses a Special Transportation Impact Fee. On March 5,
1996 during review of the SAD Ordinance the City Commission raised concerns
with respect to this condition. The condition requires a contribution of 50 cents
per sq.ft, for all office and industrial buildings to be paid to the City of Delray
Beach for future roadway improvements. The modification from office to
residential uses would result in a potential revenue loss of $161,206 or $47.41
per daily office trip ($161,206 / 3,400 trips). Payment of this fee was
recommended as a condition of approval. As the DRI modification proposal
represents a reduction of 556 trips the proposed impact fee was reduced
accordingly to $134,834.
The Commission was reluctant to impose the special Transportation Impact Fee
as no specific roadway improvements were designated. It is noted that other
conditions of the Development Order required 4 laning of SW 10th Avenue and
intersection improvements (DO condition #22C) and signalization of SW 10th
Avenue and Lindell Boulevard (DO condition #22B).
Subsequent to March 5, 1996 the Planning staff met with the applicant and
discussed the DO conditions and the status of each. The applicant has agreed
to pay the impact fee, notwithstanding the fact that there are no longer office or
industrial buildings, and that those impact fees could be used by the City in the
future for any improvements the City desires (i.e. five laning of SVV 10th Avenue,
traffic signal at Lindell Blvd. and SW 10th Avenue, etc.). This special impact fee
is to be paid prior to the issuance of building permits.
The City Engineer has estimated the five laning of SW 10th Avenue would cost
approximately $84,000, while the signalization of the intersection of Lindell and
SW 10th Avenue would be approximately $40,000. The Transportation Impact
Fee money could be utilized for these improvements if warranted, or other traffic
calming methods (i.e. intersection landscaping, speed bumps etc.) which would
help to de-emphasize Lindell Boulevard as a collector road.
Condition # 22C calls for the four laning of SW 10th Avenue when traffic
volumes dictate the need. Based on the Kimley Horn capacity determination
submitted for SW 10th Avenue the traffic volumes at buildout (Nov. 1997) will not
warrant the 4 laning of SW. 10th Avenue. If actual volumes turn out to be higher
and future widening is appropriate, it would be funded with the Transportation
Impact Fee collected under Condition # 20.
Condition # 22D requires submittal of plans to de-emphasize Lindell Boulevard
as a collector road. The applicant"s traffic engineer has submitted written
comments with respect to possible solutions. The plans including a scenario to
realign Lindell Boulevard into Waterford Place have been submitted. These
scenarios will be explored with review of the full site plan submittal.
Palm Beach County School Board: The Palm Beach County School Board
has opposed the FLUM amendment as it will generate additional school children
in this part of the County. A proposal to set side 5 acres to accommodate an
Early Learning Center was discussed at first reading. The attorney for the
applicant has met with representatives from the School Board. The Early
Learning Center program at this time has not been fully developed, nor is
funding available to establish the centers. The applicant has agreed to continue
working with the School Board to establish a suitable location if and when the
program is in place. There is a possibility that a center could be established in
the commercial shopping area adjacent to Waterford (see attached letter).
DCA Review: The Department of Community Affairs reviewed the FLUM
amendment request and had no comments.
The Planning and Zoning Board considered this item at its meeting of January
22, 1995. Several members of the public spoke regarding traffic congestion
on Linton Boulevard. After lengthy discussion comparing the advantages and
disadvantages of the request, the consensus of the Board was to support the
proposed changes for the following reasons:
· The amount of office space would not be marketable in the
foreseeable future;
· The hotel use will be an asset to the City;
· The City needs more high end residential units, and the project will
attract a younger, middle to upper income tenant;
· In terms of land use, residential is more appropriate in the area than
an office park; and,
· Traffic will be reduced.
The Board voted 5 to I (Bill Schwartz opposing, David Schmidt absent) to
recommend approval of the FLUM amendment. Bill Schwartz opposed the
change as he felt the office use is more critical to the City than the rental
development.
By motion, approve on second and final reading Ordinance 10-96, a Future Land
Use Map Amendment from Commerce to a combination of Transitional (4 acres)
and Medium Density Residential (31.77 acres) and approve Resolution # 37-96
which modifies the associated DRI/DO
Attachments:
Letter from Alan Ciklin (School Board)
Letter from the School Board
L~W OFFICES
BOOSE CASEY CIKLIN LUBITZ MARTENS MCBANE ~ OtCONNELL
A PARTNERSHIP INCLUDING PROF~IONAL
UOSEPH I. ACKERMAN, UR, BRIAN B. UOSLYN, P.A. PHILLIP D. OICONNELL, SR. (1907-19~7)
BRUCE O. ALEXANDER, P.A. OREOORY S. KIND
JERALD S. BEER, P.A. CHARLES A. LUBITZ, P.A. OF COUNSEL
WILLIAM R. BOOSE0 Iii, P.A. EDWIN C. LUNSFORD UULIE ANN ALLISON
UOHN D, BOYKIN P.A. RICHARD L. MARTENS, P.A. UOHN L. REHSEN
PATRICK O. CAGEY, P.A. LOUIS R. MC:SANE, P.A.
PATRICIA M. CHRISTIANSEN TIMOTHY P. MCCARTHY, P.A. NORTHBRIDGE TOWER I · I~TH FLOOR
ALAN .i. CIKLIN, P.A. BRIAN M. OICONNELL, P.A. 515 NO~TH FLAGLER DRIVE
MICHAEL W. CONNGRS PHIL D. O~CONNELL, .iR., P.A. WEST PALM BEACH, FLORIDA 33401
ROBERT L. CRANE, P.A. .i. KORY PARKHURST TELEPHONE (407) e32~0
RONALD E. CRE~CENZO CHARLES L. PICKL--I-F, .iR. TELECOPIER (407)820-03~1
MARC B. DOBIN TIMOI'Hi U. ROOKS
.la,ON S, HASELKORN .iOHN R. YOUNG, P.A. MAILING ADDRES~
W. JAY HUNSTON, UR., P.A. LONNIE B. ZANGRILLO P.O. BOX
DEBRA A, UENKB, P.A. WE~T PALM BEACH, FL 334024626
April 30, 1996
VIA FAX: 407/243-7221 & Regular Mail
Paul Dorling, Principal Planner
City of Delray Beach
100 N.W. 1 st Avenue
Delray Beach, Florida 33444
Re: Waterford/School Issue
Dear Paul:
I met with August Hemandez and Jan I-Iansen of the Planning & Real Estate Division of the Palm Beach
County School Board today. We discussed the concept of the Pre K-K facility; otherwise known as An
Early Learning Center on the Waterford site.
I was informed by August and Jan that neither The School Board nor the Superintendent has been
formally approached with a plan for these Early Learning Centers. Apparently there is such a plan in
existence in Dade County which the Palm Beach County School Board personnel are learning more
about. It was also indicated there is no funding mechanism at the present time to acquire or develop
property for this purpose.
Because of the infancy of the program, the conclusion reached at the meeting with Mr. Hernandez and
Mr. Hansen was that the Waterford developer would continue to discuss with The School Board the
possibility of accommodating An Early Learning Center within the clubhouse in the proposed apartment
complex, based on financial feasibility and demographics. Additionally, the Waterford developer would
look at the possibility of accommodating such An Early Learning Center in the commercial property they
own adjacent to Waterford, but not a part of Waterford. The bottom line is that we agreed to keep the
lines of communication open to explore mutually beneficial alternatives atter this program is more fully
Paul Doffing
April 30, 1996
Page 2
If you have any questions, please call me.
AJC/ag
026-3156
cc: Thomas T. McMurrain (305/296-0135)
t OF PALM BEACH COUNTY, FLORIDA
PLANNING & REAL ESTATE
3320 FOREST HILL BOULEVARO, SUITE ~331
(407) ~4~020 FAX (407) 434-8187
February 22, 1996
Diane Dominquez
Planning Director
100 N.W. 1st Avenue
Delray Beach, FL 33444
Re: Waterford I)RI - I)elray Beach/Land Use Map Agreement
Dear Ms. Dominquez:
The Palm Beach County School District objects to the land use amendment for the above referenced
Waterford DRI. The origina! Waterford DRI was for the construction of 811,763 square feet of
office park, 250 room hotel and 236 multi-family residential units. The School District had included
the potential public school age students generated from the 1984 approval in our school population
facility needs.
The most recent review of the public schools serving the Greater Delray Beach Area shows the
following capacity and membership counts:
(East) Atlantic High School 1,709 2,230
(Eas0 Plumosa Elementary 476 493
Carver Middle School 1,300 1,272
Banyan Creek Elementary 779 1,096
(East) S.D. Spady Elementary 587 578
(East) Pine Grove Elementary 568 721
(I) Orchard View Elementary 936 676
Review of existing schools in the area shows that the student membership exceeds the school capacity
at most schools, and on all schools on the east side of 1-95. The School District has not been able
to keep up with the students generated from new growth. The provision of new schools is difficulty
and it is more difficult to locate and acquire school sites located along the coast (areas east of 1-95).
H:\data\wp5 l\doc\misc.pol
An Equal Education Opportunity Provider and Affirmative Action Employer
Diane Dominquez February 22, 1996
Waterford DRI Page Two
The proposed amendment will have unanticipated public school student impact on the enroliment of
public schools servicing this area.
The School Board has gone on record objecting to Furore Land Use Map Amendments that increase
the residential density of areas. A copy of the School Board Resolution is enclosed The
unanticipated student impacts, which might result from the approvals of such amendments, farther
compounds the overcrowding at school centers.
The School District would recommend that the petitioner work with the District as a means of
addressing the potential negative educational impacts.
One idea suggested wouM include the provision of a small site to accommodate a K-3 elementary
school. Smaller school sites located along the coastal area, with a division of the traditional grade
structures could help alleviate school overcrowding.
Respectfully,
~AAH:bf ~..~_
Attachment
c: Lawrence G. Zabik
Michael J. Murgio/P&RE File
Jan Hansen
David Kovacs
Harry Fix
H:\data\wp5 l\doc\misc.po[
;ITY OF DO.RAY B HF. AGU,_I] RIDA
The City Commission of the City of Delmy Beach will consider adoption of proposed
changes to the Future Land Use Map (FLUM) of the City's adopted Comprehensive
Plan for a parcel of land located south of Unton Boulevard, between Interstate-95
and Lindell Boulevard, known as the Waterlord Place/Dellnt Development of
Regional Impact. The proposed changes to the Future Land Use Map (FLUM) are
from a land use designation of Commerce to Medium Density Residential 5-12
du/acre for approximately_31.77 acres, and from Commerce to Transitional for
approximately 4 acres. The caption of the enacting ordinance is es follows:
ORDINANCE NO. 10-96
AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH,
FLORIDA, CHANGING THE FUTURE LAND USE MAP DESIGNATION IN THE
COMPREHENSIVE PLAN FOR A PORTION OF THE WATERFORD
PLACE/DELINT DEVELOPMENT OF REGIONAL IMPACT, AS MORE
PARTICULARLY DESCRIBED HEREIN, FROM COMMERCE TO MEDIUM
DENSITY RESIDENTIAL 5-12 DWELLING UNITS/ACRE FOR A 31.77 ACRE
PORTION OF THE SITE, AND FROM COMMERCE TO TRANSITIONAL FOR A 4
ACRE PORTION OF THE SITE; PURSUANT TO THE PROVISIONS OF FLORIDA
STATUTES SECTION 380.06(6) (b); PROVIDING A SAVING CLAUSE, A
GENERAL REPEALER CLAUSE, AND AN EFFECTIVE DATE.
The City Commission will conduct a Public Hearing on the proposed FLUM
amendments on I'I)ESDAY, MAY 7. 1996. AT 7:00 p.m.(or at any continuation
of such meeting which is set by the Commission), in the Commission Chambers
at City Hall, 100 N.W. 1st Avenue, Delmy Beach, Florida. At this meeting the City
Commission will accept public testimony and consider Ordinance No. 10-96 on
second and final reading with respect to the adoption of the Future Land Use
Map amendments.
All interested citizens are invited to attend the public hearing and comment upon
the proposed FLUM amendments or submit their comments in writing on or
before the date of this hearing to the Planning and Zoning Department. For
further information please contact Paul Dorling of the Planning and Zoning
Department, City Hall, 100 N.W. 1st Avenue, Delmy Beach, Florida 33444
(Phone 407/243-7040), between the hours of 8:00 A.M and 5:00 P.M., Monday
through Friday, excluding holidays.
PLEASE BE ADVISED THAT IF A PERSON DECIDES TO APPEAL ANY
DECISION MADE BY THE CITY COMMISSION WITH RESPECT TO ANY
MA'I-I'ER CONSIDERED AT. THIS HEARING, SUCH PERSON WILL NEED A
RECORD OF THESE PROCEEDINGS AND MAY NEED TO ENSURE THAT A
VERBATIM RECORD INCLUDES THE TESTIMONY AND EVIDENCE UPON
WHICH THE APPEAL IS TO BE BASED. THE CITY DOES NOT PROVIDE NOR
PREPARE SUCH RECORD. PURSUANT TO F.S. 286.0105.
CITY O'F DELRAY BEACH
Alison MacGregor Harry
PUBLISH: THE NEWS City Clerk
May1, 1996
Boca Raton/Delray Beach
Ad #718537
NOTICE OF LAND USE CHANGE
CITY OF DELRAY BEACH~ FLORIDA
The City Commission of the City of Delray Beach will consider adoption of
proposed changes to the Future Land Use Map (FLUM) of the City's adopted
Comprehensive Plan for a parcel of ladd located south of Linton Boulevard,
between Interstate-95 and Lindell Boulevard, known as the Waterford
Place/Delint Development of Regional Impact. The proposed changes to the
Future Land Use Map (FLUM) are from a land use designation of Commerce to
Medium Density Residential 5-12 du/acre for approximately 31.77 acres, and
from Commerce to Transitional for approximately 4 acres. The caption of the
enacting ordinance is as follows:
ORDINANCE NO. 10-96
AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA,
CHANGING THE FUTURE LAND USE MAP DESIGNATION IN THE COMPREHENSIVE PLAN FOR A
PORTION OF THE WATERFORD PLACE/DELINT DEVELOPMENT OF REGIONAL IMPACT, AS MORE
PARTICULARLY DESCRIBED HEREIN, FRDM COMMERCE TO MEDIUM DENSITY RESIDENTIAL
5-12 DWELLING UNITS/ACRE FOR A 31.77 ACRE PORTION OF THE SITE, AND FROM
COMMERCE TO TRANSITIONAL FOR A 4 ACRE PORTION OF THE SITE; PURSUANT TO THE
PROVISIONS OF FLORIDA STATUTES SECTION 380.06 (6) (b); PROVIDING A SAVING
CLAUSE, A GENERAL REPEALER CLAUSE, AND AN EFFECTIVE DATE.
Map Insert
The City Commission will conx~uct a Public Hearing on the proposed FLUM
amendments on TUESDAY, MAY 7~ 1996~ AT 7:00 p.m. (or at any continuation of
such meeting which is set by the Commission), in the Commission Chambers at
City Hall, 100 N.W. 1st Avenue, Delray Beach, Florida. At this meeting the
City Commission will accept public testimony and consider Ordinance No. 10-96
on second and final reading with respect to the adoption of the Future Land
Use Map amendments.
All interested citizens are invited to attend the public hearing and comment
upon the proposed FLUM amendments or suhuit their comments in writing on or
before the date of this hearing to the Planning and Zoning Department. For
further information, please contact Paul Dorling of the Planning and Zoning
Department, City Hall, 100 N.W. 1st Avenue, Delray Beach, Florida 33444
(Phone 407/243-7040), between the hours of 8:00 a.m. and 5:00 p.m., Monday
through Friday, excluding holidays.
PLFASE BE ADVISED THAT IF A PERSON DECIDES TO APPEAL ANY DECISION MADE BY THE
CITY COMMISSION WITH RESPECT TO ANY MATTER CONSIDERED AT THIS HEARING, SUCH
PERSON WILL NEED A RECORD OF THESE PROCEEDINGS AND MAY NEED TO ENSURE THAT A
VERBATIM RECORD INCLUDES THE TESTIMONY AND EVIDENCE UPON WHICH THE APPEAL IS
TO BE BASED. THE CITY DOES NOT PROVIDE NOR PREPARE SUCH RECORD. PURSUANT TO
F.S. 286. 0105.
PUBLISH: THE NEWS CITY OF DELRAY BEACH
May 1, 1996 Alison MacGregor Harty
City Clerk
Instructions to Newspaper: Per Florida Statutes, the minimum size of this ad
is a 2 x 10 inch block. However, we do not want the map reduced any further
from what is provided so that it will remain legible. Hence, we need at
least a 2 x 10 inch ad, but recognize that it may b~ve to be larger to
accommodate the map. The headline (NOTICE OF LAND USE CHANGE/ CITY OF DELRAY
BEACH, FLORIDA) is to be in a type no smaller than 18 point. The ad is not
to be placed in that portion of the newspaper where legal notices and
classified advertisements appear. Thank you for your assistance.
ref: DRIFLUM
MEMORANDUM
TO: MAYOR AND CITY COMMISSIONERS
SUBJECT: AGENDA ITEM # /0'G - MEETING OF FEBRUARY 6. 1996
TRANSMITTAL HEARING & FIRST..READING FOR ORDINANCE NO.
10-96 (FUTURE LAND USE MAP AMENDMENT FOR A PQRTION OF
WATERFORD PLACE/DELINT DRI)
DATE: FEBRUARY 2, 1996
This is before the Commission for authorization to transmit a
proposed Future Land Use Map (FLUM) amendment to the Department
of Community Affairs for review, together with first reading for
the ordinance effecting the change. The FLUM amendment involves
a change in the land use designation for a 35 acre portion of the
Waterford Place/Delint Development of Regional Impact (DRI). The
current designation is Commerce. The proposed designations are
Medium Density Residential (5-12 dwelling units/acre) for a 31
acre portion of the site, and Transitional for the remaining four
acres.
The Future Land Use Map change is accompanied by a Master
Development Plan modification, SAD zoning modification, and a DRI
Development Order modification to allow the replacement of the
322,413 sq. ft. office use component with a 300 unit rental
apartment project and a 78 unit residence/business hotel. Please
refer to the staff documentation for a complete analysis of this
request.
The Planning and Zoning Board considered this item at public
hearing on January 22, 1996. After discussion, the Board voted 5
to 1 (Schwartz dissenting; Schmidt absent) to recommend approval
of the FLUM amendment. Concerns with the proposed amendment have
been received from the Palm Beach County Planning Division and
the Board of County Commissioners. They center around
maintaining an inventory of commerce land uses and school siting.
The Planning and Zoning Board reviewed these issues before making
the recommendation of approval to the Commission.
Recommend approval of Ordinance No. 10-96 on first reading and
authorize transmittal of the FLUM amendment, based on positive
findings as recommended by the Planning and Zoning Board.
ref: agmemo 10
CITY COMMISSION DOCUMENTATION
TO: I~.VID T. HARI~N, CITY MANAGER
THRU: D1A-NE DOMINGUEZ, DIR~CTOI~
D~TMENT OF PLANNINI3~AND ZONING
SUBJECT: MEETING OF FEBRUARY 6, 1996 FIRST READING AND
TRANSMITTAL HEARING FOR A FUTURE LAND USE MAP
AMENDMENT FROM COMMERCE TO A COMBINATION OF
MEDIUM DENSITY RESIDENTIAL ! 5-12 UNITS PER ACRE )
AND TRANSITIONAL FOR A 35 ACRE PORTION OF THE
WATERFORD DRI LOCATED SOUTH OF LINTON BOULEVARD
AND EAST OF 1-95.
ACTION REQUESTED OF THE COMMISSION:
The action requested of the City Commission is approval on first reading and
authorization to transmit to DCA (Department of Community Affairs) an
ordinance amending the Future Land Use Map from Commerce to a combination
of Medium Density Residential and Transitional for 35 acres of the Waterford
DRI. The subject property is located south of Linton Boulevard and east of 1-95.
BACKGROUND:
The 87-acre Waterford DRI was approved in 1984, as was the SAD with a site
specific development plan (Ordinance 79-84). The original Development Order
(approved via Resolution 49-85 on May 28, 1985) consisted of 811,763 square
feet of office park, a 250-room hotel, and 236 multifamily units. Several
modifications and partial development of the site has occurred since the approval
and the project now includes the Waterford Village Apartments (236 units) and
Builders Square (136,000 sq.ft.), which have been constructed. The remaining
35 acres is currently vacant and has approval for 322,413 sq.ft, of office (office,
research and development) within 8 buildings through an overall master
development plan. The buildout date for the office park was recently extended to
November 30, 1997.
The applicant is requesting a Future Land Use Map amendment for the vacant
35 acre portion of the development from Commerce to Transitional (4 acres) and
Medium Density Residential (31 acres). The Future Land Use Map change is
accompanied by a Master Development Plan modification, SAD zoning
modification and a DRI/DO modification to allow substitution of the 322,413 sq.
ft. of office use for a 300 unit upscale rental apartment project and a 78 unit
residence/business hotel.
The change in Future Land Use Map designation, from Commerce to Medium
Density Residential and Transitional abandons the possibility of a office/research
and development park on this site. The developer asserts that, after a twelve
year marketing effort, no opportunity to develop the site as a office park has
appeared, and none is likely in the foreseeable future. As evidence,
assessments of the potential absorption rate for commerce land uses in the area,
and the need for rental housing have been provided by the applicant (see
discussions in P&Z staff report ).
PLANNING AND ZONING BOARD CONSIDERATION:
The Planning and Zoning Board considered this item at its meeting of January
22, 1996. Several members of the public spoke regarding traffic congestion on
Linton Boulevard. After a lengthy discussion comparing the advantages and
disadvantages of the request, the consensus of the Board was to support the
proposed changes for the following reasons:
* The amount of office space would not be marketable in the foreseeable
future;
* The hotel use will be an asset to the City;
* The City needs more high end residential units, and the project will
attract a younger, middle to upper income tenant;
* In terms of land uses, residential is more appropriate in the area than
an office park; and,
* Traffic will be reduced.
The Board voted 5 to 1 (Bill Schwartz opposing, David Schmidt absent) to
recommended approval of the FLUM amendment. Bill Schwartz opposed the
change as he felt the office use is more critical to the City than the rental
development.
PALM BEACH COUNTY COMMENTS:
Concerns with the proposed amendment have been received from the Palm
Beach County Planning Division and the Board of County Commissioners.
These concerns center around two issues, maintaining an inventory of
commerce (light industrial / office) land uses and school siting (see attached
letter).
To summarize, the County's position is that retaining the commerce land use
designation is consistent with the growth management strategies of the County
Comprehensive Plan. These strategies involve land use policies which
encourage job growth and retention of land uses which accommodate such
growth. The concern with respect to schools revolves around the change in the
land use category which generates additional school children in this part of the
county. These issues and concerns were included with others discussed in the
attached Planning and Zoning Staff report. The Planning and Zoning Board
reviewed these issues before rendering their recommendation of approval to City
Commission.
RECOMMENDED ACTION:
By motion, approve on first reading and authorize transmittal of the FLUM
amendment from Commerce to Medium Density Residential and Transitional
based upon positive findings with respect to Comprehensive Plan policies
Housing Element Objective C-2 (provision of a variety of housing types), FLUE
Policy D-1.1 and D-1.2 (maintaining racial balanced schools) and a portion of
FLUE Objective A-1 ( complimentary to adjacent uses).
Attachments:
P&Z staff report
PBC Planning letter (January 22,1996)
PBC Planning letter (January 30, 1996)
PLANNING AND ZONING BOARD
CITY OF DELRAY BEACH ---STAFF REPORT---
MEETING DATE: January 22, 1996
AGENDA ITEM: v.c
ITEM: Future Land Use Map Amendment from Commerce to Medium Density
Residential 5-12 du/ac and Transitional for the Vacant 35 acre-Portion of
the Waterford/Delint DRI, Located on the West Side of Lindell Boulevard,
South of Linton Boulevard.
GENERAL DATA:
Owner/Applicant ............. Delint, Inc.
Agent .............................. Alan J. Ciklin, Esq.
Location .......................... South of Linton Boulevard, between
1-95 and Lindell Boulevard.
Property Size .................. Approximately 35 acres ,L v o. __
Existing FLUM ................ Commerce
Proposed FLUM .............. Medium Density Residential 5-12
du/ac (31 acres) and Transitional (4
acres)
Current Zoning ................ SAD (Special Activities District)
Proposed Zoning ............. SAD
Adjacent Zoning ..... North: SAD and PC (Planned Commercial)
East: SAD and RM (Medium Density
Residential)
South: SAD
West: A (Agricultural) and 1-95
Existing Land Use ............ Vacant with development approval for
322,413 s.f. Office Park development.
Proposed Land Use ......... FLUM amendment to accommodate
development of the parcel with a 300-
unit apartment complex and a 78-unit
residence/business hotel.
Water Service .................. Existing 12" main within the existing
spine road of the approved Office
Park (Waterford Park Drive).
Sewer Service .................. Existing 8" main within the existing
spine road of the approved Office
Park (Waterford Park Drive).
_
ViC.
The item before the Board is that of making a recommendation to
the City Commission on a privately initiated Future Land Use Map
(FLUM) Amendment from Commerce to a combination of Medium
Density Residential (5-12 units per acre) and .Transitional.
The subject property is approximately 35 acres in size and is part
of the Waterford DRI located south of Linton Boulevard and east
of 1-95.
Pursuant to LDR Section 2.2.2(E), the Local Planning Agency
(Planning and Zoning Board) shall review and make a
recommendation to the City Commission with respect to all
amendments to the City's FLUM.
Prior to 1984, the subject property had land use and zoning designations of
PRD-4 (Planned Residential Development, 4 units/acre). In 1984/85, the
Waterford/Delint DRI (Development of Regional Impact) and associated zoning
to Special Activities District (SAD) were processed. The 87-acre Waterford DRI
was approved in 1984, as was the SAD with a site specific development plan
(Ordinance 79-84). The original Development Order (approved via Resolution
49-85 on May 28, 1985) consisted of 811,763 square feet of office park, a 250-
room hotel, and 236 multifamily units.
The infrastructure for the Office Park portion of the SAD and the water
management lakes were constructed during the next two years. Also, several
street improvements required through the DRI-DO were constructed, most
through projects undertaken by the County (Linton Boulevard and Congress
Avenue widenings).
In November, 1987, the Waterford Village apartment complex was approved
through an amendment to the SAD (via Ordinance No. 96-87). In addition to a
change to the site specific development plan, the action included changing the
basis for triggering certain street improvements from use intensity (floor area,
number of units/rooms) to traffic generation (ADT). In November, 1989 a
SAD/DRI modification which replaced the site specific development plan with an
overall Master Development Plan (MDP) was approved. The MDP was more
general and would allow minor site plan changes to occur without the necessity
of concurrently amending the DRI-DO. This action was consummated through
Ordinance No. 68-89 and Resolution No. 80-89.
P & Z Board Staff Report
Waterford DRI/SAD - FLUM Amendment from Commerce to MDR and Transitional
Page 2
In December, 1991 a SAD/DRI modification request was received to delete the
use of a hotel and 233,000 sq.ft, of office space and add the use of general
retail, specifically - a single tenant facility (Builders Square). A first step in
processing the request was to determine whether or not it was a "substantial
deviation" to the approved DRI. Such a determination dictates the manner in
which the associated development application (SAD/DRI-DO modification) is to
be processed.
In August, 1992, the City Commission made a determination that the proposed
changes did not constitute a substantial deviation. Subsequently, in September,
1992, the formal application for the proposed SAD/DRI-DO modification was
accepted for processing. On December 16, 1992, the City Commission
approved the SAD/DP, I-DO to accommodate the Builders Square development.
The project now includes the Waterford Village Apartments (236 units) and
Builders Square (136,000 sq.ft.), which have been constructed. The remaining
approximately 35 acres is currently vacant and has approval for 322,413 sq.ff, of
office (office, research and development) within 8 buildings through an overall
master development plan. The buildout date for the office park was recently
extended to November 30, 1997.
The applicant is requesting a Future Land Use Map amendment for the vacant
35 acre portion of the development from Commerce to Transitional (4 acres) and
Medium Density (31 acres). The Future Land Use Map change is accompanied
by a Master Development Plan modification, SAD zoning modification and a
DRI/DO modification to allow substitution of the 322,413 sq. ft. of office use for a
300 unit upscale rental apartment project and a 78 unit residence/business
hotel.
The 300 unit luxury rental apartment complex will consist of 25 twelve ur3it
buildings with a portion of the units containing private garages and security. The
amenities include two clubhouse facilities with swimming pools .and spas; two
tennis courts; a basketball court and a volleyball court. The residence/business
hotel will contain a small meeting room (approx. 250 sq. ft.) an outdoor pool,
exercise room and hearth room. The hearth room will serve as a breakfast area
for complementary continental breakfast and as an evening gathering room for
planned social hours and a group TV room.
This staff report deals with the FLUM amendment while the other aspects of the
proposed development change are addressed in separate staff reports.
P & Z Board Staff Report
Waterford DRI/SAD - FLUM Amendment from Commerce to MDR and Transitional
Page 3
Current Land Use Designations: The current City Future Land Use Map
designations for the approximately 87-acre Waterford DRI include: 21 acres of
Medium Density Residential, 38 acres of Commerce, 19 acres of Recreation and
Open Space (water bodies) and 9 acres of General Commercial.
Requested Land Use Designations: The requested Future Land Use Map
amendment proposes to change approximately 35 acres of Commerce to 31
acres Medium Density Residential (5-12 units per acre) and 4 acres of
Transitional. With approval of the change the Future Land Use Map
designations for the entire development would be: 52 acres Medium Density
Residential (21 + 31 acres), 4 acres Transitional, 19 acres of Recreation and
Open Space (water bodies), 9 acres of General Commercial, and 3 acres of
Commerce.
Adjacent Future Land Use Map Designations & Land Use:
FLUM Desianations:
Waterford DRI: Medium Density Residential (5-12 du/acre)
General Commercial
Recreation and Open Space
Commerce
Adjacent Properties:
North General Commercial & Medium Density
East Medium Density Residential
South Medium & Low Density Residential
West 1-95 & Conservation (west side of 1-95) & Open Space
Land Uses:
Waterford DRI: 136, 000 sq.ff. Builders Square
236 Apartments (Waterford Village)
35 acres vacant
Adjacent Properties:
North Delray Crossings Shopping Center (Target/Circuit
City) &Laver's North
East Laver's North & Lake Ray Apartments
South Lake Delray Apartments & Tropic Palms Subdivision
West 1-95/vacant conservation tract/vacant land
P & Z Board Staff Report
Waterford DRI/SAD - FLUM Amendment from Commerce to MDR and Transitional
Page 4
Allowable Land Uses:
The proposed Medium Density Residential Land Use Map designation is
consistent with zoning districts which allow single family to multi-family
residential units. Under the Transitional Land Use Map designation residential
uses from single family homes to multi-family buildings are allowed, as well as
office uses, residence/business hotel and neighborhood commercial uses.
The proposed Future Land Use Map amendment is accompanied by an SAD
zoning request and master development plan modification. The SAD zoning
district is deemed to be consistent with any Land Use Map designation.
However, the uses allowed within a specific SAD zoning must be consistent with
the land use category shown on the Future Land Use Map. The proposed uses
being requested include 300 apartments, and a 78 room residence/business
hotel. The apartment use is consistent with the proposed Medium Density
Residential designation, while the residence/business hotel use is consistent
with the proposed Transitional designation.
Service and Concurrency Implications:
With the development of the Comprehensive Plan the impact of this land use on
City services was assessed for the approved DRIo The assessment for the 35
acre tract was based on the originally approved 811,763 sq. ft. of office park.
The proposed change to 300 residential apartments and a 78 room residence
/business hotel will have a reduced impact on drainage and solid waste. The
impacts on water and sewer will be greater with the proposed change
(approximate increase of 12,018 gals per day/4,386,570 gals per year),
however, adequate capacity exists to accommodate the additional impact. The
development proposal's impact on parks and recreation, schools, and traffic are
discussed below.
Parks and Recreation:
The approved office development created no impact with respect to the need for
Park and Recreation facilities. The apartment portion of the prbposed change
will create an additional impact on the City's parks and recreation facilities. The
proposed 300 units will create a population increase of approximately 687
persons (2.19 persons X 300 units) which will utilize the City's existing park
systems. This anticipated population increase can be accommodated by the
existing parks system, which is well above the established Level of Service of 3
acres per 1,000 persons. It is noted that the City park system currently provides
approximately 8 acres per 1,000 persons. Residential development is required
to provide park land or an in-lieu fee of $500/unit at the time of issuance of
building permits. The proposed project will contribute $150,000 in in-lieu park
impact fees.
P & Z Board Staff Report
Waterford DRI/SAD - FLUM Amendment from Commerce'to MDR and Transitional
Page 5
Traffic:
The Waterford DRI is approved and vested for 10,651 daily external trips. This
includes the approved 322,413 square foot office park. The proposed changes
to multi-family residential units and a 78 room hotel will reduce the daily external
traffic at build-out by 556 trips to 10,095. In addition, the AM and PM peak hour
trips will be reduced by approximately 36% and 23% respectively.
A change from office use to residential and hotel creates changes in the
direction of traffic flows in the peak hours. For office use, the inbound trips are
greatest in the morning, and the outbound trips are greatest in the evening.
With a change to residential, this flow is reversed.
Approved Plan Proposed Plan Net Change
AM Inbound 555 197 - 358
AM Outbound 227 307 + 80
PM Inbound 338 402 + 64
PM Outbound 561 291 - 270
AM Total 782 504 -278
PM Total 899 693 -206
The reduction in total traffic generation and peak hour traffic generation
indicates a reduction in the overall impact in the proposed land use mix. The
increases in morning outbound (+80) and afternoon inbound (+64) trips are
substantially less than the decreases in morning inbound and afternoon
outbound. Review of the directional changes indicates that the level of service
of impacted roads will not be negatively impacted by the proposed change in the
land use mix. The Florida Department of Transportation (FDOT) has expressed
concern over the directional' increases and the impact on the adjacent 1-95
ramps. The applicant is addressing those concerns directly with FDOT. -
Schools:
While the City currently has no school concurrency requirement, it has long
been recognized that the County school system is significantly overcrowded. To
address that problem, Palm Beach County has assembled a task force to
develop school facility Levels of Service and a method for measuring
concurrency for schools. That method will focus on the development of
residential units. The proposed change of the Waterford DRI from an office use
to a residential development will create additional impacts on an over burdened
school system, and is a factor to consider in evaluating the overall effect of the
land use change..
P & Z Board Staff Report
Waterford DRI/SAD - FLUM Amendment from Commerce to MDR and Transitional
Page 6
It is noted however, that while the proposed development will add population to
the school system, the middle income character of the housing is expected to
improve the racial balance in area schools. This issue is addressed in more
detail later in this report.
Land Use Compatibility:
The proposed change from Commerce to Medium Density Residential and
Transitional are to accommodate residential uses which include 300 apartments
and a 78 room residence/business hotel. The proposed land use designations
are compatible with the adjacent and surrounding land use designations. The
specific uses proposed under the SAD zoning request are consistent with the
proposed Land Use Map designations and COmpatible with adjacent land use
designations. The proposed Transitional (hotel site) will directly abut the
commercial (Builders Square) to the west. The proposed multi-family residential
use will border the hotel site and commercial uses to the east and will act as a
buffer between these uses and the existing Laver's North and Waterford Village
Apartment developments.
Consistency with Objectives and Policies of the Comprehensive Plan:
There are a several objectives and policies contained within the City's adopted
Comprehensive Plan which give direction with respect to the development
proposal.
Future Land Use Element Policy A-2.3: Prior to recommending approval of
any development permit application which comes before it, the Local
Planning Agency must make a "finding of consistency" of the requested
land use action with the objectives and policies of the Land Use Element.
[LDR Section 2.2.2 (E)(8)] -
As previously discussed the proposed land use designations along w~th
the proposed uses requested under the SAD zoning and noted on the
master development plan modification are consistent and ~,ompatible with
the adjacent land uses.
This portion of the staff report deals with the required findings of
consistency with the objectives and policies of the Future Land Use
Element as well as other applicable elements of the City's Comprehensive
Plan. To make a finding of consistency it is not necessary to make a
positive finding with respect to every policy within the Comprehensive
Plan provided that the approving body specifically finds that beneficial
aspects of the proposed project (hence compliance with some standards)
outweigh the negative impacts of identified points of conflict.
P & Z Board Staff Report
Waterford DRI/SAD - FLUM Amendment from Commerce to MDR and Transitional
Page 7
Future Land Use Element Objective A-l: Vacant property shall be
developed in a manner so that the future use and intensity is appropriate in
terms of soil, topographic, and other applicable physical considerations, is
complementary to adjacent land uses,-and fulfills remaining land use
needs.
The Waterford SAD/DRI land area has been altered and prepared for
development. Thus, there are no physical considerations which create
concerns with respect to this objective.
The proposed modifications may be considered complementary to
adjacent residential uses to the east and south. The proposed residential
uses act as a transition between the intensive commercial development
located along Linton Boulevard, and the Tropic Palms single family
subdivision to the south, and medium density uses (Laver~s North & Lake
Ray Apartments) to the east. The residential character of the traffic
generated by the proposed uses would generally be more compatible with
the adjacent neighborhoods than that of the approved office park.
The applicant has submitted a market analysis of the apartments to
address the issue of fulfilling remaining land use needs. This study
concludes that the southeast Palm Beach County rental market area
(portion of Boynton Beach, Delray Beach, Boca Raton) can absorb an
additional 915 rental units of moderate and middle income tenants
between the 1994 - 1999 period. Recent approvals within the City of
Delray Beach alone include a number of comparable rental units within
this market area which include the following:
[] Citation Club 400 units (in for building permits)
[] Vinings of Delray 228 units (under construction)
628 units
This 628 total represents units which will be built by 1996 in the City of
Delray Beach alone and do not include the balance of'the southeast
County rental market area for 1996, nor any development potential for
1997-1999. With the addition of the proposed 300 units, 928 units will be
constructed by 1997, exceeding the projected absorption rate through
1999 for the entire southeast County rental market.
The City has conducted its own analysis of housing in the City, for the
Evaluation and Appraisal Report. The study indicates that there is
adequate land available to meet the projected housing demand through
the 2010 forecast period. The findings do indicate that there may be a
shortage of available land for single family housing. The study concludes
P & Z Board Staff Report
Waterford DRI/SAD - FLUM Amendment from Commerce to MDR and Transitional
Page 8
that the shortage will be made up by many smaller vacant parcels that are
currently designated medium density residential but will most likely be
developed as single family homes or townhouses, as they are not large
enough to support the typical rental project. It should be noted that this
finding was based-on the remaining large vacant parcels that are within
the City boundaries. The City study projects that the greatest future
demand will be for multi-family housing. It concludes that there is more
than enough land with the correct zoning to support the demand.
However, the study does indicate that there is an existing shortage of
available units with monthly rents of $840 or more. Many residents of the
City could afford to pay higher rents than they pay now, but units are not
available. If such higher end rental units are not available within the City,
it could be presumed that those residents who choose to remain in the
rental market will seek housing in adjacent municipalities.
On balance, a case can be made that the provision of upscale rental
housing in the City helps to fulfill remaining land use needs. However, it
is not clear that a land use change for this particular property is
necessary to fulfill that need. The demand for upscale rental units may be
met by currently approved projects and lands already correctly zoned for
such uses.
There was no market study provided to assess the viability of a hotel at
this location. However, the City has identified the need to attract
additional hotel rooms within the City boundaries. The development of
new hotels east of 1-95 is listed as an Economic
Development/Redevelopment action in the Visions 2005 assembly
document.
Future Land Use Element Policy A-1.4: "Commerce" Land Use which
involves a mix of light industrial, commercial uses, and research and
development are the most needed land uses during the City's final stage of -*'- -
build-out. Thus, changes to the Land Use Map which diminish this la~d
use are discouraged.
City staff conducted an inventory of Commerce designated parcels, both
vacant and developed. There is a total of 280 acres, of which 160 are
developed and 120 are vacant. The 280 acres represents approximately
3% of the City's total acreage.
The proposed modification will reduce the amount of vacant Commerce
designated land by 29%. If approved, there will 'be 86 vacant Commerce
acres remaining, the vast majority of which are parcels less than 5 acres
in size. In addition, the proposed modifications will diminish the
Commerce potential of the Waterford SAD by 100% and also diminish
P & Z Board Staff Report
Waterford DRI/SAD - FLUM Amendment from Commerce to MDR and Transitional
Page 9
the approved and vested inventory of City wide Commerce floor area by
322,413 square feet. As a result of this reduction, there is a
corresponding reduction in employment potential of approximately 1,637
jobs, using the estimates included in the Waterford DRI application.
-Therefore, the proposed modification to the Waterford SAD/DRI is not
consistent with this Comprehensive Plan policy. This inconsistency must
be assessed in relation to the realistic potential that Commerce land uses
will be found to occupy this site.
The Commerce land use designation allows the following zoning
classifications: RT (Resort Tourism), PCC (Planned Commerce Center),
MIC (Mixed Industrial and Commercial) and LI (Light Industrial). With the
exception of RT, these zoning designations are primarily intended for
industrial type uses such as manufacturing, fabrication, assembly, etc.
An important factor to note in this analysis is that while the Waterford DRI
is designated as Commerce, the approved use in the Development Order
is as office/research and development. There is far more land throughout
the City with land use designations other than Commerce (i.e.
Transitional) that can be developed for these types of office uses,
including the 15.5 acre Hardrives tract (west side of Congress) that was
recently annexed into the City. That parcel is to be developed as an
expansion of the Office Depot headquarters, with a total of 215,000 -
square feet of office and more than 500 employees.
The "Waterford Land Use Summary Analysis", submitted by the
developer, provides an analysis of the development potential of the site
from a demand prospective. The report argues that given the current
downsizing trends of larger corporations; the reluctance of large users to
build to suit verses occupying existing vacant built space; current job
creation primarily by small firms; and the past marketing history of the
parcel; attracting a large user to the site is unlikely. The report _further
catalogs the existing inventory of vacant Commerce land use within the --~ -
City and surrounding municipalities along with their current absorptibn
rates. The report concludes that given current absorption rates (12
acres/yr, highest absorption rate versus 3 acre/ yr. lowest absorption
rate), and the City's remaining 86 acres of vacant Commerce land
(assuming approval of this amendment) that is currently available, it
would take between 7 to 28 years for this property to become marketable
for an office development.
With this change the last large tract of Commerce land use designation
would be eliminated. The potential would then exist for the City of Delray
Beach to lose future medium or large users to the surrounding
municipalities. An attachment to the report notes, however, that over 90%
of "commerce" businesses in Palm Beach County employ 20 or fewer
P & Z Board Staff Report
Waterford DRI/SAD - FLUM Amendment from Commerce to MDR and Transitional
Page 10
people, while less than 1% employ more than 500. This indicates that the
smaller vacant tracts within the City may indeed satisfy the need for
Commerce land uses.
The report does acknowledge that some brokers believe interest in
commerce (office/industrial) land is picking' up. This idea of renewed
interest is supported by the Office Depot expansion and the recently
announced Seagrams relocation to Delray Beach. In addition with the
potential siting of the County Convention Center on Congress Avenue in
Boca Raton, renewed interest in office uses may be generated.
With the proposed changes, concerns over the potential impact with
respect to the relationship between employment and availability of
housing units to accommodate employment were raised. Within the
"Waterford Land Use Summary Analysis" an analysis was undertaken
using a methodology developed in consultation with City staff to provide a
useful approach to determine if the proposed change would negatively
affect the City in terms of a balance between employment and anticipated
housing units. The method employed, and the conclusions reached in the
report, are at best an approximation of the employment/housing balance,
since the City is part of a larger, regional market and cannot be isolated
with any degree of confidence. The report concluded that there is a
current shortfall of dwelling units relative to employment potential which
equates to a need/demand for additional housing units. Therefore, the
proposed change in land use from Commerce to residential will serve to
provide additional housing units and reduce employment thereby
reducing the current shortfall.
Given the above, the report concludes that maintaining the subject site in
a commerce designation is not critical to Delray Beach in terms of
providing available land for office/research and development _uses.
Further, the report concludes that the weak long-term office market, as
well as the trend toward downsizing and the apparent shortfall of housir~g
units relative to employment potential, indicates that Commerce land use
may not be the most needed land use for the City.
Housina Element Objective C-2: Redevelopment and the development of
new land shall result in the provision of a variety of housing types which
shall continue to accommodate the diverse makeup of the City's
demographic profile.
As previously noted, the applicant has provided a consultant report
indicating that there is a need for 915 additional upscale rental units. A
City commissioned study also indicates a need for additional high-end
rental apartments. However, it is noted that the declared shortage of 915
P & Z Board Staff Report
Waterford DRI/SAD - FLUM Amendment from Commerce to MDR and Transitional
Page 11
units was for a tri-City area through 1999. The rental units currently being
developed along with this proposal exceeds this estimated absorption rate
by 1997. This does not take into account any additional units within the
southeast County rental market or units which may be developed between
1997-1999.
Future Land Use Element Policy D.1.1: The City supports the School
Board's adopted policies related to creating and maintaining racially
balanced schools as part of an overall program to achieve this objective.
The Boards policy strives toward a student population that is comprised of
no fewer than 20% nor more than 48% black students, shall be achieved in
the planning period.
Future Land Use Element Policy D-1.2: Through pursuit of the "Sharing
for Excellence in Schools 1994" plan and program as presented by
residents of the city and endorsed by the City Commission, a racial
balance reflecting student population that is comprised of no fewer than
20%, not more than 48% black students, shall be achieved in the planning
period.
The introduction of moderate to middle income rental housing in this
location will improve the racial balance of the school zone 304/305 in
which the property is located. Students of the development are assigned
to attend the Pine Grove Elementary School which currently has 79%
black students. This school may become a magnet school in the future at
which time students with in this zone would be assigned to Orchard View
elementary school which currently has 42% black students. Students of
the development will be assigned to attend Carver Middle School and
Boca High School which currently have 36% and 15% black students,
respectively. With the exception of Boca High, this development would
positively affect the racial balance of these facilities. -
Hotel Use:
With the original DRI approval in 1984, a 250 room hotel was proposed. This
hotel was eventually eliminated with the development of the Builders Square
which was approved based on arguments that hotel space was not a viable use.
The introduction of a residence/business hotel with this proposal raises similar
questions with respect to viability and changing market conditions. The applicant
has offered the explanation that the proposed residence/business hotel is
considered a different market than a conventional hotel and that a viable market
currently exists for the facility. The developer asserts that the residence hotel
P & Z Board Staff Report
.Waterford DRI/SAD - FLUM Amendment from Commerce to MDR and Transitional
Page 12
type is the highest demand segment of the hotel market. The reintroduction of a
hotel to the site is an attractive component of this proposal as it meets a long
time goal of the City in providing additional hotel space.
The hotel and apartment complex are proposed as a single phase which will be
built concurrently. To eliminate the potential of'a future change (i.e. later
request to delete the hotel), the Board may recommend as a condition of the
SAD approval that building permits and construction commence on the hotel site
prior to issuance of the apartment building permits.
Build Out Date:
The build out date is the date contained in the Development Order by which the
DRI project must be completed. Extensions to the build out date are governed
by Florida Statute. The current DRI development order has a build out date of
November, 1997. This date is the result of two previous extensions, totaling 4
years and 11 months. While future extension requests are not prohibited, any
future extensions would have the potential to be considered a substantial
deviation pursuant to F.S. 380.06(19) as amended by House Bill 1659. The
applicant has stated that one of the peripheral factors in the proposed land use
change is the approach of the build out date.
Pursuant to the Statute, additional extensions of the build out date may be
granted. A public hearing is required to determine if the extension creates a
substantial deviation and is therefore subject to additional development of
regional impact review. Such additional review would include traffic analysis
based on existing levels of traffic. In effect, this would be a new traffic analysis.
If an extension of 2 years were requested (to November, 1999), it would be
presumed not to create a substantial deviation. The City would need to present
convincing evidence to Support a determination of substantial deviation. An
extension beyond 2 years and 1 month would be presumed t..~o create a
substantial deviation, but could be rebutted by evidence presented by the
applicant.
While no build out date extension is being requested at this tim~, the issue is
relevant in a consideration of how long the developer can continue to seek office
development for the site without jeopardizing the vesting advantages of the DRI.
If the modification is approved, construction on both the hotel and apartments
would commence as soon as possible to be completed by the current expiration
date of the DRI. If the proposed modification is not approved, several options
are available. The applicant could attempt to construct the 322,413 sq. ft. of
office development within the build out time frame, presenting a potential of
empty office space. The applicant could wait for tenant commitments and seek
further buildup extensions, arguing that the change is not a substantial deviation.
P & Z Board Staff Report
Waterford DRI/SAD - FLUM Amendment from Commerce to MDR and Transitional
Page 13
The FLUM amendment is not in a geographic area requiring review by the CRA
(Community Redevelopment Agency), DDA (Downtown Development Authority)
or the HPB (Historic Preservation Board).
Palm Beach County Planning Division:
The Palm Beach County Planning Division was notified of the FLUM amendment
and SAD/DRI modification. County Planning Director David Kovacs has
informed City staff of his intent to ask the County Commission to object to the
change. Briefly, his position is that the change negatively impacts the County's
employment base, as well as school facilities. Specifics regarding the objections
will be presented to the Board and/or City Commission when available.
Public and Courtesy Notices:
Formal public notice has been provided to property owners within a 500 foot
radius of the subject property. In addition, Courtesy notices were provided to the
following:
~ Palm Beach County Planning Q Laver's North
gl City of Boca Raton gl Southridge Homeowner's Association
gl Helen Coopersmith (PROD) [:::! The Crosswinds
gl Tropic Palms r-i Lillian Feldman, Delray Property Owners
~ Town and Country [~ Palms of Delray
~ Lake Delray Apartments
Letters of objection or support, if any, will be presented at the Planning and
Zoning Board meeting.
The developer has requested a change in Future Land Use Map designation,
from Commerce to Medium Density Residential and Transitional. In effect, this
change abandons the possibility of a office/research and development park on
this site in favor of an apartment complex and residence hotel. The developer
asserts that, after a twelve year marketing effort, no opportunity to develop the
site as a office park has appeared, and none is likely in the foreseeable future.
As evidence, assessments of the potential absorption rate for commerce land
uses in the area, and the need for rental housing have been provided by the
applicant.
P & Z Board Staff Report
Waterford DRI/SAD - FLUM Amendment from Commerce to MDR and Transitional
Page 14
The proposed FLUM amendment presents the City with both advantages and
disadvantages, which are summarized below.
Disadvantages:
El Limits the ability of the City to accommodate medium to large office/
research and development uses in the future These users would
presumably be lost to office parks located in adjacent municipalities.
El Eliminates approximately 1,637 job opportunities in the commerce sector.
El Eliminates 322,413 sq. ft. of vested Commerce land use from the City's
inventory.
El Does not clearly fulfill remaining land use needs.
[3 Increases school population.
Advantages:
El Enhances land use compatibility with surrounding residential uses.
El Reduces overall daily, AM and PM peak hour traffic volumes at project build
out.
El May reduce estimated shortfalls between housing and employment base in
the City, especially in the high end rental market.
El Provides needed new hotel rooms.
El Creates a positive effect on the racial balance of the schools within d~-stricts
304/305. -'
Some of the above relate directly to objectives and policies with in the City's
Comprehensive Plan. In reviewing Objectives and Policies of the City's
Comprehensive Plan the Future Land Use Map the change is clearly not
consistent with Future Land Use Element Policy Aol.4 (diminishing Commence
Land Use) and with a portion of FLUE Objective A-1 (fulfilling remaining land use
needs/exceeds projected absorption rates). The proposed change is consistent
with Housing Element Objective C-2 (provision of a variety of housing types),
FLUE Policy D-1.1 and D-1.2 (maintaining racially balanced schools) and a
portion of FLUE Objective A-1 (complimentary to adjacent uses).
P & Z Board Staff Report
Waterford DRI/SAD - FLUM Amendment from Commerce to MDR and Transitional
Page 15
The proposal to change the land use designation of this property cannot be
considered lightly. This property is the last remaining large parcel of Commerce
designated land in the City, while there are numerous opportunities throughout
the City for medium density housing. Market factors have obviously had a
bearing on the inability to develop this site for its intended uses. This report has
attempted to present all of the relevant information and available data on market
conditions and the City's future land use needs in helping the Board to come to
a recommendation on this item.
The office market has been in a slump throughout south Florida since the late
1980's, due primarily to overbuilding in the previous years, and the subsequent
recession and downsizing of large corporations. Rents for office space fell
sharply and the building of new space virtually came to a standstill. As a result,
the market has recently begun to rebound, mostly for Class "A" space. Delray is
experiencing some of that trend, with the upcoming construction of an additional
building for the Office Depot headquarters, and the recently announced move of
Seagrams' Latin America headquarters into the Arbors office complex.
Nevertheless, there is still very little new building activity in the market, and
there is no indication that corporate downsizing is on the wane. In fact, the
national trend is that the vast majority of new jobs are created by small
companies. Therefore, while the City's Future Land Use Element formulated in
1989 stated that the Commerce land use designation is the most needed, that
position may no longer be realistic. In addition, the loss of this Commerce land,
which was slated for office development, is being offset somewhat by the
Hardrives annexation and development of the addition to Office Depot.
The rental housing market data provided by the applicant and the study
conducted for the City both indicate that this land use change is not necessary in
order to meet the future demand for rental housing. There is already enough
existing vacant land that is properly zoned for such uses. However, data has
been provided that shows a shortfall in the availability of luxury apa.~tment
housing, which is the type of units proposed. The Waterford site is in many
respects ideal for an upscale rental community--it is close to similar types -of
apartments, shopping areas, and 1-95. It is likely to be quite successful as an
apartment complex. The Reinhold Wolff study speculated that so,ne of the other
areas in the City that are designated medium density may actually develop at
lower densities, because of their smaller sizes and locations. Perhaps the
likelihood of that occurring will increase if the demand for apartments is satisfied
at the Waterford site.
The provision of a hotel is clearly a positive component of this proposal. While
not a large facility, it will help to provide needed reoms for tourists and business
people visiting the community. Further, if the County decides to locate the
convention center on the Knight property to the south, the hotel will be in an
excellent location to serve it.
P & Z Board Staff Report
Waterford DRI/SAD - FLUM Amendment from Commerce to MDR and Transitional
Page 16
A. Continue with direction.
B. Recommend approval of the FLUM designation change from Commerce
to Medium Density Residential and Transitional based upon positive
findings with respect to Comprehensive Plan policies Housing Element
Objective C-2 (provision of a variety of housing types), FLUE Policy D-I. 1
and D-1.2 (maintaining racial balanced schools) and a portion of FLUE
Objective A-1 ( complimentary to adjacent uses).
C. Recommend denial of the FLUM designation changes from Commerce to
Medium Density Residential and Transitional based upon a failure to
make positive findings with respect to FLUE Policy A-1.4 ( diminishing
Commence Land Use ) and a portion of FLUE Objective A-l( fails to fulfill
remaining land use needs/exceeds projected absorption rates) of the
City's Comprehensive Plan.
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By motion:
Recommend approval of the FLUM designation change from Commerce
to Medium Density Residential and Transitional based upon positive
findings with respect to Comprehensive Plan policies Housing Element
Objective C-2) (provision of a variety of housing types), FLUE Policy D-
1.1 and D-1.2 (maintaining racial balanced schools) and a portion of
FLUE Objective A-1 ( complimentary to adjacent uses).
Attachments:
· Map showing current FLUM designations
· Map showing proposed FLUM designations
s:\reports\water2
FORD WALLACE DODGE
NISSAN
LIN TON BLVD.
L IN TON
ROSS CIRCLE
LAKEVIEW
A PA R TMEN TS
TARGET
BUILDERS
SOU, ARE
DELRA Y
WA TERFORD ~I ~.Ro.
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CURLEW ROAD
LAKE DELRA Y
APAR TMEN TS
FULMAR
-~~ CURRENT F.LU.M. DESIGNATIONS
PLANNING O~PARTM~N T
CtTY Of' 0ELRAY B£ACH, FL
Board of County Commissioners County Administrator
Ken L. Foster, Chairman Robert Weisman
Burt Aaronson, Vice Chairman
Karen T. Marcus
Carol A. Roberts Department Planning, Zoning & Building
Warren H. Newell
Mary McCarty ~
Maude Ford Lee
January 30, 1996
The Honorable Thomas Lynch, Mayor
and Members of the Delray Beach City Commission
100 NW First Avenue
Delray Beach, FL 33444
Re: Your Plan Amendment for Waterford D.R.L
Dear Mayor Lynch,
The Palm Beach County Board of County Commissioners (BCC) is interested in this proposed plan
amendment in that it has implications regarding two topics. These topics are maintaining an inventory
of commerce land uses and school siting.
At its meeting of January 23, 1996, the BCC opted not to object through the IPARC process in an
acknowledgment that there are some local considerations which may weight against county-wide
considerations. However, the BCC did direct its staff to continue to work with the City and to
participate in reviews at the TCRPC and DCA levels in order to insure that the .topics are thoroughly
analyzed and all alternatives are considered.
With regard to the inventory of commerce of land uses, maintaining a commerce land use on the
Waterford site furthers implementation of the County Comprehensive Plan and its attendant growth
management strategies. Specifics have been provided to the City through my letter of January 22,
1996, which was presented to your Local Planning Agency. I believe that such a direction is
consistent with the City's desire to retain and develop its commerce land base. We understand that
there is a potential problem pertaining to the protection of vesting of the DRI and its traffic allocation.
We are willing and interested in working with TCRPC and DCA to see if the vesting can be retained
since the commerce land use is that which is most consistent with both the City's and the County's
adopted comprehensive plans. While we concur with the assumption that it is unlikely a commerce
project would occur within the next two years, we do believe that soon thereafter, there will be a
great desire to have thirty acres of commerce property available for immediate development.
The second topic of interest is that of coastal revitalization and school siting opportunities. In your
proposed amendment, we have a conVersion from a land use which does not generate school children
to a residential land use which does. As such there is an unplanned increase of demand upon existing
school facilities. Also, since siting is currently predicated upon future growth projections, there are
not additional facilities programmed for th~s part of the County. As you are aware, a key to
"An Equal Opportunity - Affirmative Action Employer"
~ printe~ on recycled paper 100 Australian Avenue West Palm Beach, Florida 33406 (407) 233-5300
The Honorable Thomas Lynch, Mayor
January 30, 1996
Page Two
community viability is the presence of adequate school facilities. While it would be desirable to have
an urban elementary school site of ten acres, such a request is, perhaps, impractical in this situation.
However, there is a need for coastal communities to engage in innovative and creative problem-
solving when confronted with challenges. One such strategy is that of providing an "Early Child
Learning Center" site. Not only would such a facility relieve nearby overcrowding, it helps maintain
a sense of community for Delray Beach students, and could be an amenity to the proposed residential
land use.
With these ideas before you, I ask that you give them due consideration; ask your staff to explore
them further; and when the amendment returns from the TCRPC/DCA review that you consider its
modification based upon those reviews. We, at the County Planning Office, are willing to assist in
this effort.
Thank you for consideration of our comments.
Director of Planning
pc: David Harden, City Manager
Diane Dominguez, City Director of Planning and Zoning
Mary McCarty, BCC District IV
Alan Ciklin, Agent for the petitioner
Larry Zabik, Assistant Superintendent, PBC School District
Agust Hemandez, Planning Specialist, PBC School District
Michael Busha, Executive Director, TCRPC
Charles Pattison, Director of Divsion of Resource Planning & Management, DCA
Larry Pelton, President, Business Development Board
Anna Yeskey, IPARC Clearinghouse Coordinator
INTERNAL DISTRIBUTION
Bob Weisman, County Administrator
Patrick D. Miller, Deputy County Administrator
Dominic Sims, Interim Executive Director, PZ&B
Marty Hodgkins, Director of Zoning
Barbara Alterman, Assistant County Attorney
Ann Hoctor, School Concurrency Task Force, Support Staff
Harry Fix, Schools Element EAR
Clarence Chavis, IPARC Coordination
Barry Sussman, Waterford DR[ Review
Kathy Girard, Principal Current Planning
File:I:\COMMON~LANNIN G~DATA~DJIC~DELRAY.WAT
Board of County Commissioners County Administrator
Ken L. Foster, Chairman Robert Weisman
Burt Aaronson, Vice Chairman
Karen T. Marcus
Carol A. Roberts Department Planning, Zoning & Building
Warren H. Newell
Mary McCarty
Maude Ford Lee
]~u~ 22, 1996
Diane Dornin~uez, Director of Planning
City of Delray Beach
100 NW 1 st Avenue
Delray Beach, Florida 33~.d~.
Re: Notice of lntent To Object -- Waterford Plan Amendment
Dear Diane,
As you are aware, on behalf of Palm Beach County, I have filed a NOTICE OF INTENT TO
OBJECT to the City's Future Land Use Map Amendment proposal pertaining to the Waterford
(DELINT) Dm.
The Board of County Commissioners will consider this subject and will decide whether to file a
formal objection during the course of its regular meeting on Tuesday, January 23, 1996. Since
the BCC has not taken a formal action, this Office will not have a representative at this evening's
hearing before the Planning and Zoning Board.
However, in ot:der to provide your office with more information about our potential objection, I
have enclosed a copy of an in-house memorandum which addresses the feasibility of employment
based on land use in South County. As you rhay know, there is a land use direCtive'in our _
Comprehensive Plan which calls for directing growth toward the coasgl_communities. Thus, the
County has been consistent in seeing that large (30+ acre) industrial and office, park sites are
retained along the 1-95 corridor. I believe that the City was supportive of that action .when the
County filed its Notice to Object to the Knight Center Amendment in Boca Raton.
The second basis for our potential objection deals with the planning and siting of school facilities.
In this situation, a new residential land base is being created in an area in which schools are
currently overcrowded and there are no additional school sites being planned. We believe that not
addressing this situation is a default in the petition/application. A manner of mitigation would be
to provide a school site commensurate with establishment of new residential land use. In fact,
such an action is now required under last year's legislative amendments to Chapter 163.
"An Equal Opportunity - Affirmative Action Employer"
~printocloarocgctodpapor 100 Australian Avenue West Palm Beach, Florida 33406 (407) 233-5300
I bring these matters to your attention so that you may convey them to your Local Planning
· Agency during their deliberations this evening. Also, if the Board of County Commissioners does
make a formal objection and if you are willing to accept our objection, include it as a part of your
transmittal action, and provide additional information during the continuing amendment review
process. I believe that the need for a form.al Fact-Finding Panel per IPARC will not be necessary
and would be willing to waive the panel review.
Thank you for the consideration of this information.
~.~A~ Director of Planning
Attachment:
· in-house memo re market conditions
C:
Mary McCarty, District 4 Commissioner
Bob Weisman, County Administrator
Patrick D. Miller, Deputy County Administrator
Dominic Sims, Interim Director, PZ&B
Kathleen Girard, Principal Planner, Current Planning
Barry Sussman, Senior Planner, Economic Development
Steve Morales, Senior Planner, Intergovernmental Coordination
I:\c\p\d\dj k\delray.lpa
INTER-OFFICE COMMUNICATION
DEPARTMENT OF PLANNING, ZONING AND BUILDING
PLANNING DIVISION
TO: David J. Kovacs, AICP
Director of Planning
FROM: Barry Sussman, AICP l~t,~
Senior Planner
DATE: January 17, 1996
RE: Waterford Place Plan Amendment - Delray Beach
Situation:
On January 5, 1996, the Planning Division received information fi.om the Clearinghouse of a proposed
Future Land Use Map (FLUM) amendment in the City of Delray Beach concerning the Waterford
Place project. The Delray Beach City Council will hold a transmittal pubic hearing on the proposed
FLUM amendment on February 8, 1996.
Pursuant to established policy, the Director of Planning has filed a Notice of Intent to Object with the'
IPARC Clearinghouse. In order to continue with the IPARC objection process, it is necessary that
the BCC authorize a formal objection. Thus, this item is before the BCC on Tuesday, January 23,
as an add-on item.
Background:
The City of Delray Beach has received a petition to change the FLUM designation of a 35.19 acre
parcel fi.om Commerce to Medium Density Residential (31.19 acres) and Transitional (4 acres). The
Medium Density Residential parcel will be used for 300 "Luxury Rentals" and the Transitional parcel
will be used for a residence/business hotel of 78 units. '"
Waterford Place, part of a DRI originally approved in 1984, is located in the City of Delray Beach.
The property is bounded by Interstate 95 to the west, Lindell Boulevard t6 the north and east,
Dotterey Road to the east and Audubon Boulevard to the South. The original Development Order
consisted of 811,763 square feet of office park, 250-room hotel and 236 multifamily residential units.
Pursuant to various amendments, the project includes the Waterford Village Apartments (236 units)
and Builders Square (107,000 square feet approximately). The remaining 35 acres has a Special
Activities District (SAD) Zoning classification and a Commerce Land Use designation. The subject
site has an approved Master Plan for an office park containing approximately 322,000 square feet.
The buildout date for the office park was recently extended to November 30, 1997.
The change is presumed to be a substantial deviation to the DRI. The Delray Beach Planning and
Zoning Board, as Local Public Agency, will consider proposed changes to the Future Land Use Map
on January 22, 1996. The governing Body of the City will consider the matter on February 6, 1996.
Assessment:
As described below, the City's proposed FLUM amendment is inconsistent with various County
Comprehensive Plan provisions and directions. Among these are:
1. Comprehensive Plan Economic Element Objective 1, which calls for a diversified
economy by implementing land use policies which promote and encourage growth in
manufacturing and other high wage sectors.
2. Economic Element Policy 2a, which instructs the County to ensure that an adequate
amount of land will be available for high wage businesses.
3. Economic Element Policy 2b., which calls for the County to support the Palm Beach
County Business Development Board in its effort to attract and retain high wage
businesses.
4. Economic Element Policy 2c., which calls for the County to encourage and facilitate
the expansion or relocation of basic industries and to expedite such development by
ensuring land availability for high wage uses.
5. Various goals, objectives and policies of the County's Economic Public Policy Plan
as they relate to maintaining an inventory of utility-served non-residential land to
insure the County can attract high wage businesses.
6. Goal 5 of the County's Economic Development Business Plan which calls for the
maintenance of an adequate supply of well-located non-residential land that fully
addresses the future site location needs of non-residential growth.
In addition, the proposed action will adversely impact the already over-crowded ISne Grove
Elementary school serving the site. According to current School Board statistics Pine Grove,
designed to accommodate 568 children, has a current (1995-96) enrollment of 721, 27% over-design
capacity. The proposed residential project will add 50 to 100 elementary school children,
exacerbating an already serious problem. As a minimum, the developers should be required to
provide a site on the property for an additional elementary school to serve the project area and
surrounding households.
Additional market data supporting findings 1 through 6 above are included as an attachment to this
memorandum.
Disposition:
Based on the Assessment and supporting market data attached hereto, it is recommended that:
1. The County request a review by Delray Beach pursuant to intergovernmental coordination
programs through the IPARC Clearinghouse in order to evaluate the impacts of the proposed
land use change with regard to the above listed items 'of concern:
2. The BCC formally object to the proposed FLUM Amendment and Staffbe directed to pursue
the objection through the IPARC process and at the Delray Beach LPA and Transmittal
Hearings;
J:\COM MON~LANN ING'~CURRENT~ PARC"~D E L RAY 11 .WPD
SUPPORTING MARKET DATA
Proposed Delray Beach FLUM Amendment
Summary:
The subject site has a strong chance of being absorbed within the next five years because ora
dwindling supply of competitive developable land and a rapidly increasing demand for land and
buildings.
Background:
1. The Applicant claims he has been unable to market the property for the office use permitted
under the existing plan. While this claim may be true, no evidence to support this claim has
been presented.
- The Applicant has provided no data to show the property was listed with
any legitimate real estate brokers and advertised and marketed.
- The Applicant has provided no data to show that any offers for the
property were made and rejected.
b. According to office and land market experts interviewed for this analysis, the
Boca-Delray Beach sub-market -- which does NOT include properties north of
Atlantic Avenue -- has been substantially over-built since the mid to late 1980s.
As a result, there were relatively few land sales for new office or office/R&D
construction, the uses permitted on the subject site. The few exceptions were
several build-to-suit projects along the Congress Avenue corridor, particularly in
the Arvida Park of Commerce (APOC). Consequently, the subject site suffered
the same fate as land in other business parks in the sub-market.
2. The market for office space and land has improved dramatically over the past 1-2 to 24
months in the Boca Raton-Delray Beach sub-market. _ ....
a. Office vacancy rates have dropped from 38% in 1992 to well under 10% in early
1996.
b. While demand has increased and no new supply has been added to the market. As
a result, effective rents have increased sharply, by as much as 50% in most
competitive buildings.
c. The Boca Raton-Delray Beach sub-market remains the most active and desirable
location for business expansion in Palm Beach County because of the availability of
a quality work force, locational attributes (the ability to serve Dade and Broward
Counties to the south, Palm Beach County, Martin and other counties to the north,
Florida's west coast and the international market), and quality of life factors.
d. Available property in APOC, the most significant project in the sub-market, has
been reduced to under 100 acres. Of this total, nearly 25 acres, in four separate
parcels, is under consideration for acquisition by the County's Environmental
Resources Management agency (ERM) as the parcels are environmentally
sensitive. Even if not acquired, development 0fthis property will likely be subject
to strict development regulations reducing its buildable area.
e. County ERM has recently completed the acquisition of over 211 acres of
environmentally sensitive land, known as the Yamato Scrub, in the Boca
Commerce Center, further reducing the inventory of well located prime office
property.
f. The remaining inventory of developed land suitable for office and R & D uses has
been reduced to between 200 and 250 acres, according to industry experts.
g. In addition, there may be as few as 60 and as many as 300 additional acres
potentially available but not now on the market. This land is owned by
corporations such as IBM and Siemans who have constructed buildings on other
parts of their holdings. Under the right circumstances some or all of this land
might be available for development over the coming years.
h. Absorption of land in the Boca/Delray Beach sub-market for build-to-suit and
owner-occupied office and R & D space has averaged 35 to 40 acres for the past
several years. Demand has been steady to rising, fluctuating based on the County's
success in attracting new and/or expanding corporation. Real estate industry
experts expect demand to increase over the next several years as recovery from the
recession solidifies and new speculative office construction commences. (No new
speculative office buildings have been added to the inventory since about 1990,
demand is strong as evidenced by the fact that office vacancy rates are under 10%
and rents are increasing to the point where revenue will support new construction.)
i. Existing, available land in the competitive area, under expected absorption -
scenarios, is expected to be consumed within five to seven years. The attraction of
a major user could condense this even more. The availability bfland owned by
IBM and other corporate users is unknown. If made available)supply could
expanded by up to an additional five years.
j. The subject site is considered by most experts to be of secondary quality in today's
market because of location. Demand continues to center on the Congress Avenue
corridor in Boca Raton and Delray Beach. This partly explains the problem of
marketability.
k. However the site has several significant attributes that could improve its position in
the market including the fact that it is a single large contiguous holding (35 acres)
that can accommodate over 300,000 sq. fi. of development, its unique visibility
and access from 1-95, in-place utilities and approved land use and zoning.
1. Consequently, as more desirable sites are absorbed over the coming few years,
industry experts expect the marketability and Value of the subject site to increase
significantly. Moreover, given the state of the market the subject site is desirable
for a user needing to move quickly because zoning and utilities are in place and
construction could commence promptly. In this rapidly improving market such a
scenario is not unlikely. Consequently, the site, if aggressively marketed, could be
sold and developed before the year 2000.
m. If the property's land use designation and zoning are changed to residential the
opportunity to develop the site for office use is forever lost. Consequently, the
County will lose a valuable resource in its efforts to achieve its economic goals of
attracting high wage businesses.
NOTICE OF LAND USE CHANGE
CITY OF DELRAY BEACH, FLORIDA
The City Commission of the City of Delray Beach will consider proposed
changes to the Future Land Use Map (FLUM) of the City's adopted
Comprehensive Plan for a parcel of land located south of Linton
Boulevard, between Interstate-95 and Lindell Boulevard, known as the
Waterford Place/Delint Development of Regional Impact. The proposed
changes to the Future Land Use Map (FLUM) are from a land use
designation of Commerce to Medium Density Residential 5-12 du/acre
for approximately 31.19 acres, and from Commerce to Transitional for
approximately 4 acres. The caption of the enacting ordinance is as
follows:
ORDINANCE NO. 10-96
AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF
DELRAY BEACH, FLORIDA, CHANGING THE FUTURE LAND USE
MAP DESIGNATION IN THE COMPREHENSIVE PLAN FOR A
PORTION OF THE WATERFORD PLACE/DELINT DEVELOPMENT OF
REGIONAL IMPACT, AS MORE PARTICULARLY DESCRIBED
HEREIN, FROM COMMERCE TO MEDIUM DENSITY RESIDENTIAL
5-12 DWELLING UNITS/ACRE FOR A 31 ACRE PORTION OF THE
SITE, AND FROM COMMERCE TO TRANSITIONAL FOR A 4 ACRE
PORTION OF THE SITE; PURSUANT TO THE PROVISIONS OF
FLORIDA STATUTES SECTION 380.06(6) (BI; PROVIDING A SAVING
CLAUSE, A GENERAL REPEALER CLAUSE, AND AN EFFECTIVE
DATE.
The City Commission will conduct a Public Hearing on the proposed
FLUM amendments on TUESDAY, FEBRUARY 6, 1996, AT 7:00 p.m.
(or at any continuation of such meeting which is set by the
Commission), in the Commission Chambers at City Hall, 100 N.W. 1st
Avenue, Delray Beach, Florida. At this meetingtheCity Commission will
accept public testimony, consider Ordinance No. 10-96 on first reading,
and will consider the transmittal of the FLUM amendments to the State
of Florida, Department of Community Affairs, for intergovernmental
review and comment. Upon completion of the review, an additional
public hearing will be scheduled at which time the City Commission will
consider Ordinance No. 10-96 on second and final reading with respect
to the adoption of the Future Land Use Map amendments.
All interested citizens are invited to attend the public hearing and
comment upon the proposed FLUM amendment or submit their
comments in writing on o~ before the date of this hearing to the
Planning and Zoning Department. For further information please contact
Paul Dorling of the Planning and Zoning Department, City Hall, 100
N.W. 1st Avenue, Delrsy Beach, Florida 33444 (Phone 407/243-7040),
between the hours of 8:00 A.M. and 5:00 P.M., Monday through Friday,
excluding holidays.
PLEASE BE ADVISED THAT IF A PERSON DECIDES TO APPEAL
ANY DECISION MADE BY THE CITY COMMISSION WITH RESPECT
TO ANY MATTER CONSIDERED AT THIS HEARING, SUCH PERSON
WILL NEED A RECORD OF THESE PROCEEDINGS AND MAY NEED
TO ENSURE THAT A VERBATIM RECORD INCLUDES THE
TESTIMONY AND EVIDENCE UPON WHICH THE APPEAL IS TO BE
BASED. THE CITY DOES NOT PROVIDE NOR PREPARE SUCH
RECORD. PURSUANT TO F.S. 286.0105.
CITY OF DELRAY BEACH
Alison MacGregor Harty
PUBLISH: January 29, 1996 City Clerk
The News
Boca Raton/Delray Beach
Ad #706217
NOTICE OF LAND USE CHANGE
CITY OF DELRAY BEACH. FLORIDA
The City Commission of the City of Delray Beach will consider proposed
changes to the Future Land Use Map (FLUM) of the City's adopted
Comprehensive Plan for a parcel of land located south of Linton
Boulevard, between Interstate-95 and Lindell Boulevard, known as the
Waterford Place/Delint Development of Regional Impact. The proposed
changes to the Future Land Use Map (FLUM) are from a land use
designation of Commerce to Medium Density Residential 5-12 du/acre for
approximately 31.19 acres, and from Commerce to Transitional for
approximately 4 acres. The caption of the enacting ordinance is as
follows:
ORDINANCE NO. 10-96
AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH,
FLORIDA, CHANGING THE FUTURE LAND USE MAP DESIGNATION IN THE
COMPREHENSIVE PLAN FOR A PORTION OF THE WATERFORD PLACE/DELINT
DEVELOPMENT OF REGIONAL IMPACT, AS MORE PARTICULARLY DESCRIBED HEREIN,
FROM COMMERCE TO MEDIUM DENSITY RESIDENTIAL 5-12 DWELLING UNITS/ACRE
FOR A 31 ACRE PORTION OF THE SITE, AND FROM COMMERCE TO TRANSITIONAL
FOR A 4 ACRE PORTION OF THE SITE; PURSUANT TO THE PROVISIONS OF
FLORIDA STATUTES SECTION 380.06(6)(b); PROVIDING A SAVING CLAUSE, A
GENERAL REPEALER CLAUSE, AND AN EFFECTIVE DATE.
Map Insert
The City Commission will conduct a Public Hearing on the proposed FLUM
amendments on TUESDAY. FEBRUARY 6. 1996. AT 7:00 p.m. (or at any
continuation of such meeting which is set by the Commission), in the
Commission Chambers at City Hall, 100 N.W. 1st Avenue, Delray Beach,
Florida. At this meeting the City Commission will accept public
testimony, consider Ordinance No. 10-96 on first reading, and will
consider the transmittal of the FLUM amendments to the State of
Florida, Department of Community Affairs, for intergovernmental review
and comment. Upon completion of the review, an additional public
hearing will be scheduled at which time the City Commission will
consider Ordinance No. 10-96 on second and final reading with respect
to the adoption of the Future Land Use Map amendments.
Ail interested citizens are invited to attend the public hearing and
comment upon the proposed FLUM amendments or submit their comments in
writing on or before the date of this hearing to the Planning and
Zoning Department. For further information, please contact Paul
Dorling of the Planning and Zoning Department, City Hall, 100 N.W. 1st
Avenue, Delray Beach, Florida 33444 (Phone 407/243-7040), between the
hours of 8:00 a.m. and 5:00 p.m., Monday through Friday, excluding
holidays.
PLEASE BE ADVISED THAT IF A PERSON DECIDES TO APPEAL ANY DECISION MADE
BY THE CITY COMMISSION WITH RESPECT TO ANY MATTER CONSIDERED AT THIS
HEARING, SUCH PERSON WILL NEED A RECORD OF THESE PROCEEDINGS AND MAY
NEED TO ENSURE THAT A VERBATIM RECORD INCLUDES THE TESTIMONY AND
EVIDENCE UPON WHICH THE APPEAL IS TO BE BASED. THE CITY DOES NOT
PROVIDE NOR PREPARE SUCH RECORD. PURSUANT TO F.S. 286.0105.
PUBLISH: THE NEWS CITY OF DELRAY BEACH
January 29, 1996 Alison MacGregor Harty
City Clerk
**********************************************************************
Instructions to Newspaper: Per Florida Statutes, the minimum size of
this ad is a 2 x 10 inch block. However, we do not want the map
reduced any further from what is provided so that it will remain
legible. Hence, we need at least a 2 x 10 inch ad, but recognize that
it may have to be larger to accommodate the map. The headline (NOTICE
OF LAND USE CHANGE/ CITY OF DELRAY BEACH, FLORIDA) is to be in a type
no smaller than 18 point. The ad is not to be placed in that portion
of the newspaper where legal notices and classified advertisements
appear. Thank you for your assistance.
ref:DRIFLUM
DE SCRIP T ION,
A PORTION OF PARCEL 4, LINTON CENTER, AS RECORDED IN PLAT BOOK 39,
PAGES 8-9 OF THE PUIILIC RECORDS OF PALM IIEACH COUNTY, FLORIDAj
LYING IN SECTION ~9, TOWNSHIP 46 SOUTH, RANGE 43 EAST~ CITY OF
DELRAY BEACH~ PALM BEACH COUNTY, FLDRIDAj BEING MORE PARTICULARLY
DESCRIBED AS FOLLOWS,
BEGINNING AT THE INTERSECTION OF THE WESTERLY RIGHT-OF-WAY LINE OF
LINDELL BOULEVARD AS SHOWN ON SAID PLAT OF LINTON CENTER AND THE
EXTENSION OF THE CENTERLINE DF THE RIGHT-OF-WAY OF SOUTHWEST lOTH
AVENUE AS SHOWN ON SAID PLATI
(1) THENCE, SOUTH 46' 49' 15' WEST, A DISTANCE OF 220.29 FEETs
(2) THENCE, NORTH 43' 10' 45' WEST, A DISTANCE OF 288.31 FEETj
(3)' THENCE., SOUTH 46' 49' 15' WEST, A DISTANCE DF 204.94 'FEET~
THE LAST THREE (3) DESCRIBED COURSES BEING CONTIGUOUS WITH THE
SOUTHERLY BOUNDARY DF BUILDERS SQUARE - LINTDN CENTER, AS RECORDED
IN PLAT BOOK 70, PAGES 137-138 DF THE PUBLIC RECORDS DF PALM BEACH
COUNTY~ FLORIDA;
THENCE, SI]UTH 00' 00' 00' EAST, A DISTANCE DF 143.49 FEE'I'j
THENCE, SOUTH 46' 49' 33' EAST, A DISTANCE DF 159.16 FEET TO A
POINT OF CURVATURE DF A NON-TANGENT CURVE, WHOSE RADIUS BEARS SOUTH
59' 1;~' 31' EAST, HAVING A RADIUS DF 390.00 FEET AND A CENTRAL
ANGLE OF 30' 47'
THENCE, SOUTHEASTERLY ALONG THE ARC DF SAID CURVE A DISTANCE DF
209.59 FEETj
THENCE, SOUTH 00' 00' 00' WEST, A DISTANCE OF 183.90 FEETj
THENCF~ NORTH 46' 01' 26' WEST, A DISTANCE DF 674.91 FEETs ~//
THENCE, SOUTH 00' 00' 00' EAST, A DISTANCE OF 46.31 FEET;
THENCE,, SOUTH 45' 00' OD' EAST, ,q DISTANCE DF 287.25 FEETs
THENCE, SOUTH 31' 55' ~0' WEST, A DISTANCE DF 414.80 FEET~
THENCE, SOUTH O0° 00' O0° EAST, A DISTANCE DF 20.00 FEETs
THENCE, SOUTH 45° 00' 00' EAST, A DISTANCE DF 557.25 FEETs
THENCE, SOUTH 65' 00' 00' EAST, A DISTANCE OF 89.93 FEET~
THENCE, SOUTH 90" 00' 00' EAST, A DISTANCE DF 126.2! FEETj ~
THENCE, NORTH 45' 00' 00' EAST, A DISTANCE OF 148,86 FEET;
THENCE, NORTH 90' 00' 00' EAST, A DISTANCE OF 34.68 FEETI
THENCE, SOUTH 54' 00' 00' EAST, A DISTANCE OF 119.77 FEETj
THENCE, NORTH 6~' 00' 00' EAST, A DISTANCE OF 145.00 FEET;
THENCE, NORTH 67' 13' P_I' EAST, A DISTANCE DF 31.18 FEET;
THENCE, NORTH 24' 30' 00' EAST, A DISTANCE OF 20.73 FEET~
THENCE., NORTH 49' 00' 00' EAST, A DISTANCE DF 227.50 FEET!
THENCE, NORTH 44° 51' 05* EAST, A DISTANCE DF 242.41 FEETI
THENCE, NORTH 38' 00' 00' WEST, A DISTANCE DF 132.36 FEETs
THENCE, NORTH 00'" 00' 00' WEST, A DISTANCE DF 70.00 FEETI
THENCE, NORTH 45" 00' 00' EAST, A DISTANCE DF 158.39 FEETj
THENCE,, NORTH 00' 00' 00' EAST, A DISTANCE DF 148.50 FEETs
THENC~ NORTH 22' 30' 00' EAST, A DISTANCE OF [9.13 FEETI
THENCE, NORTH 81' 47' 49' EAST, A DISTANCE OF 197.56 FEET~
THENCE, NORTH 46' 49' 15' EAST, A DISTANCE DF 46.~6 FEET~
THENCE., NORTH 38' 11' 01' VEST, A DISTANCE OF 1~3.10 FEETs
THENCE, NORTH 45' 00' 00' WEST, A DISTANCE DF 540.00 FEETI
THENCE, NORTH 46° 49' 15' EAST, A DISTANCE DF 119.20 F£ETj
THENCE, NORTH 43° 10' 34~ WEST, A DISTANCE DF 50.00 FEET TO THE
POINT DF BEGINNIN~ THE LAST COURSE BEING COINCIDENT WITH THE
WESTERLY RIGHT-OF-WAY LINE OF SAID LINDELL BOULEVARD.
- THENCE, SOUTH ~'6' 49' 15' WEST, A DISTANCE DF 220.29 FEETI
(2) THENC~ NORTH 43' 10' 45' WEST, A DISTANCE DF ~SB.31 FEET~ I
(3)' HENCC SOUTH 46' 49~ 15' ~ES% A DISTANCE 204.94 'FEET~
THE AST THREE (3) DESCRIBED COURSES BEING [GUOUS ~ITH THE
'RLY BOUNDARY DF BUILDERS SQUARE - CENTE~ AS RECORDED m
IN PL BOOK 70, PAOES 137-138 OF THE ECORDS OF PALM BEACH
COUNTY, 'LDRID~
THE~ ~' 00' ~0' EAS%' A DISTANCE 143.49 FEET~
THENC~ 46' 49~ 33' EAS% A DISTANC OF 159.16 FEET TO A
POINT OF OF A NON-TANGENT ~HOSE RADIUS BEAR~ SOUTH
59' 1~~ 31' ~S% HAV~ A RADIUS DF FEET AND A CENTRAL
AN6LE OF 47' ~9'~
THENC~ ALONG THE ARI SAID CURVE A DISTANCE DF
~09.59 FEET~
THENC~ SOUTH 00' 00' WESt, A qCE OF 183.90 FEET~
THENC~ NORTH Ol' 26' WEST, ~TANCE DF 674.91 FEET~
THENC~ SOUTH 58' 34' WEST, DISTANCE OF' 79.99 FEET~
THENC~ SOUTH 00' ~' 00' EAST, DISTANCE OF 46.31 FEET~
THENC~ SOUTH 45' 00' E~9 A DISTANCE DF ~87.25 FEETI
THENC~ 30UTH ~5' 00' ~E~ , A DISTANCE OF 289.49 FEETI
THENC~ SOUTH 31' A DISTANCE DF 414,80 FEETI
THENC~ SOUTH 00' 00' A DISTANCE DF ~0.00 FEETi
THENC~ SOUTH 45' 00' 0 A DISTANCE DF 557.25 FEET~
THENC~ SOUTH 65' 00' O0 EAST, A ~]STANCE DF 89.93 FEET~
THENC~ SOUTH 90' 00' 0 A DISTANCE DF 126.21 FEET~
THENC~ NORTH 45' 00' A DISTANCE OF 148.86 FEET~
THENC~ NORTH 90' 00' A ~ISTANCE DF 34.68 FEET~
THENC~ SOUTH 54' O~ ~' A DISTANCE OF 1~9.77 FEET~
THENC~ NORTH 62' 00' A DISTANCE DF ~45.00 FEET~
THENC~ NORTH 67' ~3' ~' A DISTANCE DF 31.lB FEET~
THENC~ NORTH 30' 00' A DISTANCE DF ~0.73 FEET~
THENCE, NORTH 00' 00' EAST, DISTANCE DF 227.50 FEETI
THENC~ NORTH 51' 05' EAST, DISTANCE DF 242.4l FEETI
THENC~ 00' 00' WEST, A FANCE DF 132.36 FEETI
THENC~ 00' 00' 00' ~EST, A OF 70.00 FEETI
THENC~ ~5' 00' 00' EAST, A 'ANCE DF ~58.39 FEET~
THENC~ 00' 00' 00' EAST, A DF 148.50 FEET~
THENC~ ~' 30' 00' EAST, A ~CE DF ~9.~3 FEET~
THENC~ B]' 47' 49' EAST, A OF 197.56 FEET~
)RTH 46' 49' ~5' EAST, A D] DF 46.26 FEET~
NORTH 38' ~' 0~' ~E~T, A DI DF l~3.10 FEETI
THENm NORTH ~5' 00' 00' WEST, A 540.00 FEET~
T~l N~TH 46' 49' ~5' ~AST, A DISTANCE F ~9.~0 FEET~
NORTH 4~ lO' ~4' ~E~T, A DISTANCE 50.00 FEET TD THE
PI DF DEGINNIN~ THE LAST COURSE DEING DENT WITH THE
STERLY RIGHT-OF-WAY LINE DF SAID. LINDELL ~DULEVARD.
SAIB LANBS CONTAIN 31.77 ACRES, MORE OR LESS AND ARE SUBJECT TO ~
EASEMENTS, COVENANTS, RESTRICTIONS, RESERVATIONS AND RIGHTS-OF-
DF RECORD.
DESCRIPTION',
P~GES 8-9 OF THE PUBLIC RECORDS OF PALM ~EACH COUNTY, FLORIDA,
LYING IN SECTION 29, TOVNSHIP' 46 SOUTH, RANGE 4~ EAST~ CITY OF
~ELRAY ~EAC~ PALM ~EACM COUNTY, FLORIDA~ ~EING MORE PARTICULARLY
~ESCRI~E~ AS FOLLOWS,
~COMMENCING AT THE INTERSECTION OF THE VESTERLY RIGHT-OF-rAY LINE
OF LIN~ELL ~OULEYARD AS SHORN ON SAI~ PLAT OF LINTON CENTER AN~ THE
EXTENSION OF THE CENTERLINE OF THE RIGHT-OF-rAY OF SOUTHVEST lOTH
AVENUE AS SHO~N ON SAI~ PLAT~ (1) THENCE, SOUTH 46' 49' 15' ~EST,
A ~ISTANCE OF 220.~9 FEETs (2) THENCE, NORTH 43' 10' 45' ~EST,
DISTANCE OF 288.31 FEETJ (3) THENCE, SOUTH 46' 49' 15' ~EST, A
DISTANCE DF 204.94 FEET TO THE POINT OF ~EGINNING'
(4) THENCE, SOUTH 87' 18' 58' WEST, A DISTANCE OF 87G.44 FEETJ
THE LAST FOUR (4) DESCRIBED 'COURSES BEING CONTIGUOUS ~ITH THE
SOUTHERLY BOUNDARY OF BUILDERS SQUARE - LINTON CENTER, ~S RECORDED
IN PLAT BOOK 70, PAGES 137-138 OF THE PUBLIC RECORDS DF PALM BEACH
COUNTY, FLORIDA~
THENCE, SOUTH 43' 58' 34' ~EST, A DISTANCE OF 213.84
THENCE, SOUTH 46' 01' 26' EAST, A DISTANCE OF 674.91 FEETJ
THENCE, NORTH, A DISTANCE DF 183.90 FEET TO A POINT UN A CURVE
CONCAVE TO THE SOUTHEAST, .H~VING A RADIUS OF 390.00 FEET AND A
CENTRAL ANGLE OF 30' 47'
THENCE, ALONG THE ARC OF SAID CURVE A DISTANCE OF 209.59 FEETJ
THENCE, NORTH 46' 49' 33' WEST, A DISTANCE OF 159.16 FEETJ
THENCE, NORT~ A DISTANCE OF 143.49 FEET TO THE POINT DF BEGINNING.
SAID LAN~S CONTAIN 4.00 ACRES, MORE OR LESS AND ARE SUBJECT TO
EASEMENTS, COVENANTS, RESTRICTIONS, RESERVATIONS AN~ RIGHTS-OF-WAY
DF RECORD.