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11-96 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AMENDING ORDINANCE NO. 79-84, AS AMENDED BY ORDINANCE NOS. 96-87, 68-89 AND 64-92, WHICH COMPRISE THE SAD (SPECIAL ACTIVITIES DISTRICT) ZONING ORDINANCE FOR THE WATERFORD PLACE/DELINT DEVELOPMENT OF REGIONAL IMPACT, LOCATED ON THE SOUTH SIDE OF LINTON BOULEVARD, BETWEEN INTERSTATE-95 AND LINDELL BOULEVARD, BY MODIFYING THE ALLOWABLE USES OF LAND; APPROVING A REVISED MASTER DEVELOPMENT PLAN; ESTABLISHING CONDITIONS OF APPROVAL FOR FURTHER DEVELOPMENT; PROVIDING A SAVING CLAUSE, A GENERAL REPEALER CLAUSE, AND AN EFFECTIVE DATE. WHEREAS, on October 9, 1984, the City Commission of the City of Delray Beach, Florida, passed and adopted Ordinance No. 79-84 which established the Special Activities District (SAD) zoning district on the Waterford Place/Delint property to allow for development of hotel, office, and multi-family uses on said property; and WHEREAS, on May 28, 1985, the City Commission adopted Resolution No. 49-85 approving the Development of Regional Impact (DRI) Application for the subject property, constituting the DRI Development Order (DRI-DO) and further setting forth conditions on the development of said property; and WHEREAS, on December 22, 1987, the City Commission adopted Ordinance No. 96-87 which amended Ordinance No. 79-84 by deferring construction of certain road improvements, amending the measurement of project phasing from a square footage basis to a traffic generation basis, and approved the site plan on the residential portion of the project (Waterford Village); and WHEREAS, on November 16, 1989, the City Commission adopted Ordinance No. 68-89 which amended Ordinance No. 79-84 to replace the site specific development plan for the property with a conceptual development plan; and WHEREAS, on December 16, 1992, the City Commission adopted Ordinance No. 64-92 which further amended Ordinance No. 79-84 by replacing a 250 room hotel and 489,587 sq.ft, of office space for 136,000 sq.ft, of commercial/retail (Builders Square); and WHEREAS, the current owners of the property have sought a modification to the development to replace the proposed office/research and development use with the addition of 300 multi-family rental units and a 78 room residence/business hotel; 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 SAD Zoning Ordinance be amended, based upon positive findings; and WHEREAS, the City Commission on February 6, 1996, determined that such proposed modification would not constitute a substantial deviation. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS: Section 1. That Ordinance No. 79-84, as amended by Ordinances Nos. 96-87, 68-89 and 64-92, comprising the SAD Zoning Ordinance for the Waterford Place/Delint Development of Regional Impact (DRI), be and the same are hereby amended to incorporate the following components: (1) Addition of multi-family use (an additional 300 units) and ancillary recreational facilities as an allowed use; (2) Addition of a 78 room residence/business hotel with ancillary recreation, meeting room, exercise room and hearth room as an allowed use; (3) Deletion of office, research and development use; (4) Modification of the Master Development Plan to accommodate: (a) Deletion of 322,413 sq.ft, of office space; (b) Addition of 300 upscale rental units and associated recreation amenities; (c) Addition of a 78 room residence/business hotel and associated recreation amenities. Section 2. That a Certificate of Occupancy shall be issued for the hotel prior to issuance of a final Certificate of Occupancy for the apartment complex. I - 2 - Ord. No. 11-96 ~ That development shall be consistent with the Master Development Plan and that a full site plan application be submitted and reviewed by the Site Plan Review and Appearance Board which includes addressing the following items: (1) The handicap accessibility be provided in compliance with ADA requirements; (2) That the issues with regard to parking (i.e. parking reduction, tandem parking, and back-out parking) be addressed with the full site plan submittal for the apartment complex; (3) That additional pedestrian ways shall be required on each side of the spine road, between the cul-de-sacs (northeast corner), around the lake and to the recreation parcels; (4) That tot lot locations as well as the type of playground equipment must be provided on the plans. Section 4. That any fUture modifications to the site plan which are not substantial and which do not deal with intensity or type of uses shall be reviewed by the Site Plan Review and Appearance Board and processed as site plan modifications. Section 5. That the development of the apartment complex and residence/business hotel site shall be in accordance with and expressly subject to any and all conditions of the DRI Development Order for Waterford Place/Delint, as modified to incorporate the changes hereinabove described and conditions of approval relating to the change. Section 6. That all ordinances or parts of ordinances in conflict herewith be, and the same are hereby repealed 0 Section ?, 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 8. That this ordinance shall become effective immediately upon the effective date of Ordinance No. 10-96. - 3 - Ord. No. 11-96 PASSED AND ADOPTED in regular session on second and f reading on this the 5th day of March, 1996. ATTEST: ~ City C~erk First Reading February 6, 1996 Second Reading March 5, 1996 i - 4 - Ord. No. 11-96 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)/Determination re Substantial Deviation. Requires public hearing before Commission for the purpose of 0~%\~ 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 JANUAR~ 26, 1996~ for PH on 2/6/96 (ref: DRIADV) (2)JFuture Land Use Map (FLUM~ Amendment: Proposed change is FROM Commerce TO Medium Density ~..~ Residential 5-12 du/acre (31.19 acres) and Transitional (4 acres) ~{~ ~\~ 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 COMPADV) PUBLISH JANUARY 29, 1996 FOR THIS APPLICATION, 1STREADING OF ORDINANCE (#10-96) WILL BE HELD IN CONJUNCTION WITH THE TRANSMITTAL HEARING. THE FLUM THEN GOES TO DCA FOR 60 DAX 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 (4) Modification of the DRI Development Order ~----'-~'~-' 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 ~'1 SUBJECT: AGENDA ITEM # /O. ~.- MEETING OF MARCH 5, 1996 SECOND READING/PUBLIC HEARING FOR ORDINANCE NO. !1-96 (MODIFYING WATERFORD/DELINT SAD) DATE: MARCH !, 1996 On February 6th, the City Commission took several actions with respect to a proposed change for the Waterford Place/Delint Development of Regional Impact (DRI) and Special Activities District (SAD). The modification involves replacing 322,413 square feet of office/research and development use with a 300 unit apartment complex and a 78 room residence/business hotel. It affects a 35 acre portion of the overall 87 acre Waterford development. The actions taken were a determination that the change did not constitute a substantial deviation requiring further review, transmittal of associated Future Land Use Map amendments and Development Order (DO) changes to the Department of Community Affairs (DCA) for review, and approval on first reading of Ordinance No. 11-96 modifying the approved SAD. It was anticipated that second reading of the SAD ordinance would occur sometime in April, after DCA responsed to the FLUM amendments and development order changes. However, the applicant has requested that the ordinance modifying the SAD be considered as soon as possible in order to help secure financing. While the Commission may approve the ordinance, it will not be effective until the FLUM amendments and Development Order are approved. The Planning and Zoning Board considered this matter at public hearing on January 22, 1996, and voted 5 to 1 to recommend approval. Recommend approval of Ordinance No. 11-96 on second and final reading. The ordinance will not become effective until the associated Future Land Use Map amendments and Development Order are approved, and the enacting land use ordinance (#10-96) takes effect. ref: agmemo9 CITY COMMISSION DOCUMENTATION TO: DAVID T. HARDEN, CITY MANAGER THRU: OR G AND ZONING FROM: /r,~'/F/~EY A. COSTELLO ( ,~¢~O R PLANNER SUBJECT: MEETING OF MARCH 5, 1996 SECOND READING OF AN ORDINANCE MODIFYING THE APPROVED WATERFORD/DELINT SAD (SPECIAL ACTIVITIES DISTRICT) TO REPLACE 322.413 SQUARE FEET OF OFFICE SPACE WITH A 300-UNIT APARTMENT COMPLEX AND A 78-ROOM RESIDENCE/BUSINESS HOTEL. ACTION REQUESTED OF THE COMMISSION: The action requested of the City Commission is that of approval on second reading of an ordinance as follows: Modification of Ordinance 79-84, as amended by Ordinances 96- 87, 68-89, 64-92 which comprise the SAD Zoning Ordinance for Waterford/Delint DRI. The modifications include the following components: Q Addition of Multi-family use and ancillary recreational facilities as an allowed use Q Addition of a residence/business hotel with ancillary recreation, meeting room, exercise room and hearth room as an allowed use ~ Deletion of office, research and development use Q Modification of the Master Development Plan to accommodate: Deletion of 322,413 sq.ft, of office space 0 Addition of 300 upscale rental units and associated recreation amenities 0 Addition of a 78 room residence/business hotel and associated recreation amenities. P & Z Board Staff Report Waterford DRI - Modification to the SAD Ordinance with Attendant Master Development Plan Page 2 The subject property is approximately 35 acres and is part of the 87 acre Waterford/Delint DRI bounded by 1-95 to the west, Lindell Boulevard to the north, Lindell Boulevard and Dotterel Road to the east, and Audubon Boulevard to the south. The SAD Modification is being processed concurrently with a Future Land Use Map amendment request from "Commerce" to "Medium Density and Transitional" which has been transmitted to the Department of Community Affairs for review. Any action on this request is contingent on the approval of the Future Land Use Map amendment. Action on the DRI Development Order and associated Resolutions will not occur until second reading of the FLUM amendment. BACKGROUND: On February 6, 1996, the City Commission approved on first reading the SAD Modification for the Waterford DRI, with conditions. The associated Future Land Use Map amendment and Development Order (DO) have been transmitted to DCA (Department of Community Affairs) for review. Second reading of the SAD ordinance was to occur after DCA responded to the FLUM amendment and DO, which will be sometime in April. However, in order to help secure financing, the applicant has asked that the SAD ordinance be considered as soon as possible. While the City Commission may approve the ordinance, it will not be effective until the Future Land Use Map amendment and DO are approved. RECOMMENDED ACTION: By motion, approve on second and final reading an ordinance modifying an approved Special Activities District (SAD) Ordinance for the Waterford/Delint DRI with the effective date to be concurrent with adoption of the associated FLUM amendment and approval of the Development Order. Attachments: Ordinance by Others ORDINANCE NO. 11-96 AN ORDINANCE OF THE CITY COMMISSION OF THE OF DELRAY BEACH, FLORIDA, AMENDING ORDINANCE 79-84, AS AMENDED BY ORDINANCE NOS. 96-87, 68-89 64-92, WHICH COMPRISE THE SAD (SPECIAL ACTIVITI DISTRICT) ZONING ORDINANCE FOR THE WATERFORD /DELINT DEVELOPMENT OF REGIONAL IMPACT, ON THE SOUTH SIDE OF LINTON BOULEVARD, BETWEEN Ii AND LINDELL BOULEVARD, BY MODIFYING THE USES OF LAND; APPROVING A REVISED MASTER PLAN; ESTABLISHING CONDITIONS OF APP FOR FURTHER DEVELOPMENT; PROVIDING A SAVIN( CLAUSE, A GENEP~AL REPEALER CLAUSE, AND AN EFFECTI~ DATE. WHEREAS, on October 9, 1984, City Commission of the City of Delray Beach, Florida, passed and Ordinance No. 79-84 which established the Special Activities trict (SAD) zoning district on the Waterford Place/Delint property t allow for development of hotel, office, and multi-family uses on sai property; and WHEREAS, on May 28, , the City Commission adopted Resolution No. 49-85 approving Development of Regional Impact (DRI) Application for the sub-~ct property, constituting the DRI Development Order (DRI-DO) and ~rther setting forth conditions on the development of said property; a WHEREAS, on Decembe 22 1987, the City Commission adopted Ordinance No. 96-87 which a Ordinance No. 79-84 by deferring construction of certain road )rovements, amending the measurement of project phasing from a squ footage basis to a traffic generation basis, and approved the sJ plan on the residential portion of the project (Waterford Vil ; and WHEREAS, on 16, 1989, the City Commission adopted Ordinance No. 68-89 whi amended Ordinance No. 79-84 to replace the site specific plan for the property with a conceptual development plan; and WHEREAS, o~ December 16, 1992, the City Commission adopted Ordinance No. 64-92 which further amended Ordinance No. 79-84 by replacing a 250 ro hotel and 489,587 sq.ft, of office space for 136,000 sq.ft, of /retail (Builders Square); and WHEREAS the current owners of the property have sought a modification the development to replace the proposed office/research ~nd development use with the addition of 300 multi-family rental units and a 78 room residence/business hotel; and WHEREAS, on January 22, 1996, the Plannil and Zoning Board for the City of Delray Beach, as Local Plannin Agency, considered this matter at public hearing and voted 5 to ! recommend that the SAD Zoning Ordinance be amended, based upon ~ive findings; and WHEREAS, the City Commission on Fei 6, 1996, determined that such proposed modification would constitute a substantial deviation. NOW, THEREFORE, BE IT THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AS : $9~tiQn 1, That Ordina No. 79-84, as amended by Ordinances Nos. 96-87, 68-89 and 2, comprising the SAD Zoning Ordinance for the Waterford Pla~ 'Delint Development of Regional Impact (DRI), be and the same ar hereby amended to incorporate the following components: /~/~ (1) Addition of y use ~and ancillary recreational fa lities as an allowed use; (2) Addition of ~ residence/business hotel with ancillary rt meeting room, exercise room and room as an allowed use; (3) Deletion office, research and development use; (4) Modifica~ of the Master Development Plan to accommo~ : (a) D ion of 322,413 sq.ft, of office space; (b) ~ition of 300 upscale rental units and recreation amenities; (c) Addition of a 78 room residence/bus~ness :/ hotel and associated recreation amenities. with development of the apartment complex and -esidence Dss hotel site, the realignment of Lindell Boule e purpose of de-emphasizing it as a collector road shall be explo~ed. An option to be considered is "T"ing Lindell Boulevard into a S.W. 10th Avenue extension within the Waterford X~D/DRI. - 2 - Ord. No. 11-96 ~ That construction comm~ on the hotel site prior to issuance of the apartment complex bu permits. Section 4. That a full site pl application be submitted and reviewed by the Site Plan Review Appearance Board which includes addressing the following items: (1) The handicap accessi be provided in compliance with ADA (2) That the issues regard to parking (i.e. parking reduction parking, and back-out parking) be with the full site plan submittal for the apartment complex; (3) That additiona sidewalks be required on each side of the s .ne road, between the cul-de-sacs (northeast , around the lake and to the recreation p ; (4) That tot 1 locations as well as the type of equipment must be provided on the plans. Section ~ ~at all ordinances or parts of ordinances in conflict herewith be, the same are hereby repealed. Section 6. That should any section or provision of this ordinance or any por .on thereof, any paragraph, sentence, or word be declared by a court of competent jurisdiction to be invalid, such decision shall not ~ffect the validity of the remainder hereof as a whole or part other than the part declared to be invalid. That this ordinance shall become effective immediately upon effective date of Ordinance No. 10-96. PASSED AND ADOPTED in regular session on second and final reading on this ~he day of , 1996. MAYOR ATTEST: Cit, Clerk First Reading Second Reading - 3 - Ord. No. 11-96 MEMORANDUM TO: MAYOR AND CITY COMMISSIONERS FROM: CITY MANAGER?~ SUBJECT: AGENDA ITEM # ~'~' - MEETING OF FEBRUARY 6, 1996 ORDINANCE NO. 11-96 (MODIFYING THE APPROVED WATERFORD PLACE/DELINT SPECIAL ACTIVITIES DISTRICT) DATE: FEBRUARY 2, 1996 This is first reading for Ordinance No. 11-96 modifying the approved Waterford Place/Delint Special Activities District (SAD) to replace 322,413 square feet of office space with a 300 unit apartment complex and a 78 room residence/business hotel; and consideration of associated changes to the Development of Regional Impact - Development Order (DRI-DO). The subject property is approximately 35 acres and is part of the 87 acre Waterford/Delint DRI, bounded by 1-95 to the west, Lindell Boulevard to the north, Lindell Boulevard and Dotterel Road to the east and Audubon Boulevard to the south. The SAD modification is being processed concurrently with a Future Land Use Map amendment request from Commerce to Medium Density and Transitional. Any action on this request is contingent upon the approval of the Future Land Use Map amendment. If the SAD modification is approved on first reading, action on a Resolution amending the DRI Development Order will occur at second reading of the SAD ordinance. At its meeting of January 22, 1996 the Planning and Zoning Board, after testimony with respect to potential traffic impacts, voted 5-1 to recommend that the SAD and Development Order be amended, based on positive findings with respect to Chapter 3 (Performance Standards) of the Land Development Regulations, policies of the Comprehensive Plan, and LDR Sections 2.4.5(D) (5). Recommend approval of Ordinance No. 11-96 on first reading. 5-0 CITY COMMISSION DOCUMENTATION TO: DAVID T. HARDEN, CITY MANAGER THRU: U DEPA ~T/MEN~F PLA~NNING'~,ND_~ONING FROM: ~ ~ SUBJECT: MEETING OF FEBRUARY 6, 1996 FIRST READING OF AN ORDINANCE MODIFYING THE APPROVED WATERFORD/DELINT SAD (SPECIAL ACTIVITIES DISTRICT) TO REPLACE 322.413 SQUARE FEET OF OFFICE SPACE WITH A 300-UNIT APARTMENT COMPLEX AND A 78-ROOM RESIDENCE/BUSINESS HOTEL: AND CONSIDERATION OF ASSOCIATED CHANGES TO THE DEVELOPMENT OF REGIONAL IMPACT - DEVELOPMENT ORDER DRI-DO). ACTION REQUESTED OF THE COMMISSION: The action requested of the City Commission is that of approval on first reading of an ordinance as follows: Modification of Ordinance 79-84, as amended by Ordinances 96- 87, 68-89, 64-92 which comprise the SAD Zoning Ordinance for Waterford/Delint DRI. The modifications include the following components: El Addition of Multi-family use and ancillary recreational facilities as an allowed use El Addition of a residence/business hotel with ancillary recreation, meeting room, exercise room and hearth room as an allowed use I~ Deletion of office, research and development use ~1 Modification of the Master Development Plan to accommodate: 0 Deletion of 322,413 sq.ft, of office space P & Z Board Staff Report Waterford DRI - Modification to the SAD Ordinance with Attendant Master Development Plan and DRI Development Order Page 2 0 Addition of 300 upscale rental units and associated recreation amenities 0 Addition of a 78 room residence/business hotel and associated recreation amenities. The subject property is approximately 35 acres and is part of the 87 acre Waterford/Delint DRI bounded by 1-95 to the west, Lindell Boulevard to the north, Lindell Boulevard and Dotterel Road to the east, and Audubon Boulevard to the south. The SAD Modification is being processed concurrently with a Future Land Use Map amendment request from "Commerce" to "Medium Density and Transitional". Any action on this request is contingent on the approval of the Future Land Use Map amendment. Action on the associated Resolutions and DRI Development Order will not occur at this meeting, however, it is appropriate to consider the items as they relate to the SAD. If the SAD is approved on first reading, action on the Resolution and DRI Development Order will occur at second reading of the SAD ordinance. BACKGROUND: The current approval for the Waterford DRI/SAD encompasses 87 acres of which 19 acres are presently in water areas. The Waterford DRI/SAD has three distinct use areas. These are: [] Waterford Village Apartments consisting of 236 multiple family units. [] Builders Square consisting of 136,000 sq. ft. of retail space. Office Park consisting of 322,413 sq.ft, of floor area for uses such as: office, research and development, and associated production use. The proposed changes affect the office park portion of the SAD/DRI by replacing the office use with medium density residential and residence/business hotel uses. Waterford Village Apartments (236 units) - no change Builders Square (136,000 sq.ft, of retail) - no change P & Z Board Staff Report Waterford DRI - Modification to the SAD Ordinance with Attendant Master Development Plan and DRI Development Order Page 3 El Office Park: elimination of the entire office park use, 322,413 sq.ft, of floor area. El Multi-family apartment use: The addition of 300 upscale/luxury rental apartments consisting of 25 twelve unit buildings with a portion of the units containing private garages. The amenities include two clubhouse facilities with swimming pools and spas; two tennis courts; a basketball court and a volleyball court. Residence/business hotel use: The addition of a 78 room hotel on 4 acres. The 78 rooms will be a combination of studios, and one and two bedroom suites. The hotel will include a gatehouse with small meeting room, exercise room and hearth room as well as an outside pool. Primary access for both new uses will be taken from this roadway which extends from the intersection of SW 10th Avenue and Lindell Boulevard. Secondary access is maintained to Waterford Place via the Builders Square secondary access driveway. Additional background and an analysis of the request is found in the attached Planning and Zoning Board Staff Report. PLANNING AND ZONING BOARD CONSIDERATION: At its meeting of January 22, 1996, the Planning and Zoning Board held a public hearing in conjunction with review of the request. There was public testimony primarily with respect to potential traffic impacts. After reviewing the staff report, the Board voted 5-1(Schwartz dissenting, Schmidt absent) to recommend that the SAD and Development Order be amended, based upon positive findings with respect to Chapter 3 (Performance Standards) of the Land Development Regulations, policies of the Comprehensive Plan, and LDR Sections 2.4.5(D)(5). RECOMMENDED ACTION: By motion, approve on first reading an ordinance modifying an approved Special Activities District (SAD) Ordinance for the Waterford/Delint DRI based upon the findings and recommendations of the Planning and Zoning Board. Attachments: El P & Z Staff Report and Documentation of January 22, 1996 Ordinance by Others PLANNING AND ZONING BOARD CITY OF DELI:lAY BEACH ---STAFF REPORT--- MEETING DATE: January 22, 1996 AGENDA ITEM: V.D ITEM: Modification of an Approved SAD (Special Activities District) with Attendant Master Development Plan'for the Waterford/Delint DRI, located South of Linton Boulevard, between 1-95 and Lindell 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 ................... 87 acres Existing FLUM ................. Commerce/Medium Density Residential 5-12 u/a/General Commercial/Open Space Proposed FLUM ............... A Portion of Commerce to Medium Density Residential 5-12 u/a (31 acres) and Transitional (4 acres) Current Zoning ................. SAD (Special Activities District) Proposed Zoning .............. SAD (Special Activities District) Adjacent Zoning ..... North: SAD and PC (Planned Commercial) East: SAD and RM (Medium Density Residential) South: RM and R-l-AA (Single Family Residential) West: A (Agricultural) and 1-95 Existing Land Use ............ Approved Development of Regional Impact for a mixed use development comprised of 136,000 s.f. of retail, 322,413 s.f. of office/research and development, and 256 units of multiple family residential. Proposed Land Use ......... SAD modification to replace the 322,413 s.f. office component 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). The action before the Board is that of making a recommendation on the following items: Modification of Ordinance 79-84, as amended by Ordinances 96- 87, 68-89, 64-92 which comprise the SAD Zoning Ordinance for Waterford/Delint DRI. The modifications include the following components: [] Addition of Multi-family use and ancillary recreational facilities as an allowed use [] Addition of a residence/business hotel with ancillary recreation, meeting room, exercise room and hearth room as an allowed use [] Deletion of office, research and development use [] Modification of the Master Development Plan to accommodate: 0 Deletion of 322,413 sq.ft, of office space 0 Addition of 300 upscale rental units and associated recreation amenities 0 Addition of a 78 room residence/business hotel and associated recreation amenities. Modification of Resolution 49-85, as amended by Ordinance 96-87, Resolutions 80-89,132-92, 10-95, and 60-95 which comprise the Development Order for Waterford DRI. The modifications include the following: [] Deletion of 322,413 sq.ft, of office space - [] Addition of 300 upscale rental units with associated _ recreation amenities [] Addition of a 78 room residence/business hotel In addition, dudng project review, it was determined that the following conditions of approval of the Development Order also need to be addressed: [] Condition #1 pertaining to information which is considered part of the ADA (Application for Development Approval) El Condition #15 pertaining to energy efficiency I~1 Condition #19B pertaining to turn lane improvements on Linton/SW 10th Avenue [] Condition #20 pertaining to special impact fee P & Z Board Staff Report Modification to the SAD (Special Activities District) Ordinance and Development Order for the Waterford/Delint DRI Page 2 Q Condition #21A adding current ordinance relating to conditions [] Condition #21B referencing date and ordinance of modified Master Development Plan [] Condition #22B referencing traffic signal at S.W. 10th Avenue and Lindell Boulevard [3 Condition #22C requiring the four-laning of SW 10th Avenue The above actions are being processed concurrently with a Future Land Use Map amendment request from "Commerce" to "Medium Density and Transitional". Any action on this request is contingent on the approval of the Future Land Use Map amendment. The subject property is approximately 35 acres and is part of the 87 acre Waterford/Delint DRI bounded by 1-95 to the west, Lindell Boulevard to the north, Lindell Boulevard and Dotterel Road to the east, and Audubon Boulevard to the south. Pursuant to Section 4.4.25(C)(1), all SADs are established via an ordinance processed as a rezoning. Thus, all findings necessary for approval of a rezoning are applicable to approval of an SAD. Further, pursuant to Section 2.2.2(E), the Local Planning Agency (P & Z Board) shall review and make recommendations to the City Commission with respect to the rezoning of any property within the city. Pursuant to LDR Section 4.4.25(C)(1), a complete site and development plan is to be processed concurrently with the rezoning (SAD modification) application. The applicant has submitted the Master Development Plan which the Director has determined to be sufficient for review of the SAD request. A more detailed site specific site plan will be required for review and approval by the Site Plan Review and Appearance Board. The process for amending a DRI is contained in Chapter 380, Florida Statutes, Section(19)(f)(2) which provides that" the local government shall issue an amendment to the development order incorporating the approved change and conditions of approval relating to the change." P & Z Board Staff Report Modification to the SAD (Special Activities District) Ordinance and Development Order for the Waterford/Delint DRI Page 3 In 1984/85, the Waterford/Delint DRI (Development of Regional Impact) and associated zoning to Special Activities District (SAD) was processed. The SAD (including use approval and a site specific development plan) was approved by Ordinance No. 79-84 in October, 1984. The subsequent DRI Development Order (DRI-DO) was approved by Resolution 49-85 on May 28, 1985. -The original approval contained 811,763 sq.ft, of office space, a 250 room hotel, and 236 multi-family units; The Development Order was amended pursuant to Ordinance 96-87, Resolutions 80-89, Resolution 132-92, Resolution 10-95, and Resolution 60-95. The SAD ordinance was amended by Ordinances 96-87 (Waterford Village Apartments & basis for triggering street improvements), 68-89 (site specific site plan replaced with Master Development Plan) and 64-92 [replacement of a 250 room hotel and 489,587 sq.ft, of office space for 136,000 sq.ft, of commercial/retail (Builder Square)]. The DRI now includes the Waterford Village Apartments (236 units) and a Builders Square (136,000 sq.ft.) which are both constructed. The remaining 35 acres is currently approved for 322,413 sq.ft of office space (office, research and development) and denoted on an overall master plan. The entire 87 acre development has an SAD zoning district and a combination of General Commercial (Builders Square), Medium Density (Waterford Apartments) and Commerce (vacant office portion) Future Land Use Map designations. For a more detailed history of this property refer to the Future Land Use Map amendment staff report which is being processed concurrently with this request. The current approval for the Waterford DRI/SAD encompasses 87 acres of whi~,h 19 acres are presently in water areas. The Waterford SAD/DRI has three distinct use areas. These are: Waterford Village Apartments consisting of 236 multiple family units on 21 acres. Access is provided by a singular roadway which connects directly to Lindell Boulevard. This portion of the project is complete. There is no vehicular connection between Waterford Village and the Office Park, however, a pedestrian linkage between Waterford Village, the proposed apartment, and Builders Square is to be accommodated as part of this Master Development Plan modification. Builders Square consisting of 136,000 sq. ft. of retail space having primary access from Waterford Place and a secondary access point to the east (office park portion ) to the intersection of S.W. 10th Avenue and P & Z Board Staff Report Modification to the SAD (Special Activities District) Ordinance and Development Order for the Waterford/Delint DRI Page 4 Lindell Boulevard. The building and both access points have been constructed. El Office Park consisting of 322,413 sq.ft, of floor area for uses such as: office, research and development, and associated production use. The infrastructure (water & sewer) has been installed. ^ single roadway (VVaterford Park Drive) which extends from approximately the intersection of S.W. 10th Avenue and Lindell Boulevard serves the park. With the exception of these infrastructure improvements the site is vacant. The proposed changes affect the office park portion of the S^D/DRI by replacing the office use with medium density residential and residence/business hotel uses. Waterford Village Apartments (236 units) - no change Builders Square (136,000 sq.ft, of retail) - no change El Office Park: elimination of the entire office park use, 322,413 sq.ft, of floor area. -- El Multi-family apartment use: The addition of 300 upscale/luxury rental apartments on 31 acres and associated amenities. Residence/business hotel use: The addition of a 78 room hotel on 4 acres. The 78 rooms will be a combination of studios, and one and two bedroom suites. The hotel will include a gatehouse with small meeting room, exercise room and hearth room as well as an outside pool. Primary access for both new uses will be taken from this roadway which ..... extends from the intersection of SW 10th Avenue and Lindell Boulevard. Secondary access is maintained to Waterford Place via the Builders Square secondary access driveway. REQUIRED FINDINGS: (Chapter 3) Pursuant to Section 3.1.'1 (Required Findings), prior to the approval of development applications, certain findings must be made in a form which is part of the official record. This may be achieved through information on the application, the staff report, or minutes. Findings shall be made by the body which has the authority to approve or deny the development application. These findings relate to the following f.our areas. . P & Z Board Staff Report Modification to the SAD (Special Activities District) Ordinance and Development Order for the Waterford/Delint DRI Page 5 FUTURE LAND USE MAP: The use or structures must be allowed in the zoning district and the zoning district must be consistent with the land use designation. The current City Future Land Use Map designation for the overall 87 acre Waterford DRI includes approximately 21 acres of Medium Density Residential (5-12 units per acre)', 38 of Commerce, 19 acres of Recreation and Open Space (water bodies), and 9 acres of General Commercial with the SAD (Special Activities District) zoning designation applied to the overall development. In conjunction with the SAD modification, a Future Land Use Map Amendment is being processed for the property which includes changing approximately 35 acres of Commerce to 31 acres Medium Density Residential (5-12 u/a) and 4 acres of Transitional. Pursuant to LDR Section 4.4.25(A) the SAD (Special Activities District) zoning is deemed consistent with any land use map designation however, the uses allowed within a specific SAD shall be consistent with the underlying land use category shown on the Future Land Use Map. The multi-family use is clearly consistent with the proposed Medium Density Future Land Use Map designation. With respect to the Transitional Future Land Use Map designation, the POC zoning district is consistent with that designation. Within the POC district the residence/business hotel use is allowed as a conditional use. Based upon the above, a positive finding can be made with respect to consistency with the land use map designations. CONCURRENCY: Facilities which are provided by, or through, the City shall be provided to new development concurrent with issuance_of a Certificate of Occupancy. These facilities shall be provided pursuant to levels of service established within the Comprehensive Plan. - Water: Eight inch mains exist in the developed portion of the site (Waterford Village Apartments and Builders Square ) where no modifications are proposed. A 12" water main exists within the main road which extends into the 35 acre portion of the site proposed for modification. Hydrants also exist at the required 400' intervals along the roadway. With further development of the site additional main extensions and hydrants will be required. This item will be further addressed at the time of the full site plan submittal. There is adequate capacity at the City's Water Treatment Plant to serve the proposed multiple family and hotel developments. P & Z Board Staff Report Modification to the SAD (Special ^ctivities District) Ordinance and Development Order for the VVatefford/Delint DRI Page 6 Sewer; The Waterford Village and Builders Square developments are currently served by 8" sewer mains. Eight inch sewer mains were installed along the existing road within the main road which extends into the 35 acre portion of the site proposed for modification. With further development of the site additional main extensions will be required. There is adequate capacity at the South Central County Waste Water Treatment Plant to accommodate the effluent from the proposed developments. Draina~_e: The dreinage system for the entire Waterford SAD/DRI, which includes retention lakes has been permitted by South Florida Water Management District and is installed. Two lakes were reconfigured to accommodate the Builders Square development and permitted accordingly. With the proposed residential and hotel developments, additional retention lakes are proposed which will required modification to the drainage permit for the overall Waterford DRI. Drainage concurrency will be accommodated through the SFWMD permitting process. There are no problems anticipated with meeting SFWMD requirements. It is noted that these new lakes will be subject to Development Order Condition #7 which requires installation and maintenance of a native upland edge vegetation around wetland and deepwater habitats. The edge habitat shall begin at the upland limit of any wetland or deepwater habitat and shall include a total area of at least 10 square feet per linear foot of wetland or deepwater habitat perimeter. This upland edge habitat shall be located such that no less than 50% of the total shoreline is buffered by a minimum width of 10' of upland habitat. In addition, the lakes will also be subject to Development Order Condition #10 which requires the establishment of a vegetated and functional littoral zone. As a minimum 10 sq.ff, of vegetated littoral zone per linear foot of lake shoreline shall be established. Streets and Traffic; The original DRI approved in 1984 was vested for 10,184 daily trips. With previous modifications involving the addition of Builders Square and the reduction in office space from 811,763 sq.ft to 322,413 sq.ff the development is currently vested for 10,651 daily trips. The current proposed changes demonstrate a reduction in daily traffic of 556 daily trips and a reduction in both the total AM and PM peak hour trips of approximately 36% and 23% respectively. The decrease in overall daily, AM and PM trips is being used to rebut the statutory presumption and support a finding that the proposed change in use does not constitute a Substantial Deviation to the DRI. P & Z Board Staff Report Modification to the SAD (Special Activities District) Ordinance and Development Order for the Waterford/Delint DRI Page 7 However, it is noted that while there is a reduction in total AM and PM peaks (AM peaks of 782 trips versus 504 trips, PM peaks of 899 trips verses 693 trips) there are directional increases in both the AM peak and PM peaks by virtue of the change of use. Traffic concurrency was addressed in detail in the FLUM amendment staff report. The reduction in total traffic generation and peak hour traffic generation indicates a reduction in the overall impact in the proposed land use mix. 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. Parks and Recreation: The proposed 300 units will not have a significant impact with respect to level of service standards for parks and recreation facilities. While the impacts of these potential residents were not factored into the park demands calculated on build- out projections, the City currently provides approximately 8 acres per 1,000 residents of recreation space which far exceeds the adopted standard of 3 acres per 1,000 residents established in the Comprehensive Plan. With future residential development, a parks and recreation impact fee of $500 per unit will be assessed at the time of building permit. Thus, this development will be assessed an in-lieu fee of $150,000. Solid Waste: Pursuant to the Solid Waste ^uthority's generation rates, trash generated by the approved 322,413 sq.ft, of office use would generate approximately 870.51 tons/year. Trash generated by the proposed 300 multiple family units would generate 156 tons per year and the 25,800 sq.ft, hotel at 114.68 tons per year, for a net decrease of approximately 599.83 tons per year. Therefore, this change has a positive impact with respect to solid waste concurrency. CONSISTENCY: Compliance with the performance standards set forth in Section 3.3.2 (Standards for Rezoning Actions) along with required findings in Section 2.4.$(D)(5) (Rezoning Findings) shall be the basis upon which a finding of overall consistency is to be made. Other objectives and policies found in the adopted Comprehensive Plan may be used in the making of a finding of overall consistency. COMPREHENSIVE PLAN POLICIES A review of the objectives and policies of the adopted Comprehensive Plan was conducted and the following applicable objectives and policies which relate to the SAD amendment are noted. Other applicable policies that relate to the FLUM Amendment are found in the FLUM Amendment staff report. P & Z Board Staff Report Modification to the SAD (Special Activities District) Ordinance and Development Order for the Waterford/Delint DRI Page 8 Housing Element Ob_iective 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. Policies which will assure this objective include: Housing Element Policy C-2.4: Development of remaining vacant properties which are zoned for residential purposes shall be developed in a manner which is consistent with adjacent development regardless of zoning designations .... The SAD modification request to convert the 35 acres of approved office use to hotel and multi-family uses enhances the property's compatibility with adjacent multifamily uses to the east and south and acts as an additional residential buffer between the intense commercial along Linton Boulevard. The issue of compatibility will be further addressed through the site specific development plan. Future Larld Use Element Objective A-1 - 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 is altered and has been prepared for development. Thus, there are no physical considerations which would prohibit development of the property. The proposed modifications will be complimentary to adjacent multiple family residential uses to the east and south. The proposed residential development together with the existing Waterford Village apartments provide a transition between the intensive commercial developments at the north end of the DRI and along Linton Boulevard, and the Tropic Palms single family subdivision to the south. The issue of fulfilling remaining land use needs is addressed in the Waterford summary submitted by the applicant and discussed in greater detail in the FLUM amendment staff report. In summary, the report identifies a need for rental apartments through 1999 however, given the currently approved and proposed units, the demand will be exceeded. A housing study conducted for the City by Reinhold Wolf indicated that there is a segment of the population that can afford to pay more rent than they are currently which would indicate there may be an additional market for higher end luxury apartments. Traffic Element Policy C-l,1 - Through and nonresidential traffic travel shall be limited and/or restricted in stable residential areas. P & Z Board Staff Report Modification to the SAD (Special Activities District) Ordinance and Development Order for the Waterford/Delint DRI Page 9 Lindell Boulevard is a City collector roadway which runs through a stable residential area south of the subject property. With the SAD modification of 1992, Condition #8 of the SAD ordinance stated that "with further development of the Office Park portion of the SAD/DRI, the realignment of Lindell for the purpose of de-emphasizing it as a collector road shall be explored. An option to be considered is "T"ing Lindell into a S.W. 10th Avenue extension within the Waterford SAD/DRI". The applicant has submitted information regarding this condition in the traffic study. The report concludes that the realignment is not possible because the turning radii would not function properly. These alternatives should be submitted and discussed with the City Engineer. Further, the condition requires the submittal of plans for realignment along with .other alternatives. This condition is to be addressed with submittal of the site plan. Section 3.;~,2 {Standards for Rezoning Actions): Standards A, B and C are not applicable with respect to this rezoning request. The following is the applicable performance standard of Section 3.3.2: {D) That the rezoning shall result in allowing land uses which are deemed compatible with adjacent and nearby land uses both existing and proposed; or that if an incompatibility may occur, that sufficient regulations exist to properly mitigate adverse impacts from the new use. The portion of the property which is to be modified is bordered by the following zoning designations and uses: Direction Zoning Uses North PC & SAD Delray Crossings Shopping Center and Builders Square West CD & A 1-95/vacant conservation tract and - vacant land South SAD, RM &R-1-A Waterford Village Apartments, Tropic Palms Subdivision & Lake Delray Apts. East RM & SAD Lake Ray Condominiums and Laver's North/The Vinings The proposed SAD/DRI modification involves the replacement of office use With a 300-unit luxury apartment complex, and a 78-room residence/business hotel. The proposed Master Development Plan layout places the hotel internal to the site adjacent to the Builders Square site while placing the residential units to the perimeter and adjacent to the abutting multi-family developments. This configuration enhances the compatibility of this parcel and provides a more compatible product than the approved SAD. Also, potential traffic impacts on the adjacent residential area will be lessened by the change from office to residential. P & Z Board Staff Report Modification to the SAD (Special Activities District) Ordinance and Development Order for the Waterford/Delint DRI Page 10 Section 2.4.5(D)(5) (Rezoning Findings): Pursuant to Section 2.4.5(D)(5) (Findings), in addition to provisions of Section 3.1.1, the City Commission must make a finding that the rezoning fulfills one of the reasons for which the rezoning change is being sought. These reasons include the following: a. That the zoning had previously been changed, or was originally established, in error; b.That there has been a change in circumstances which make the current zoning inappropriate; c. That the requested zoning is of similar intensity as allowed under the Future Land Use Map and that it is more appropriate for the property based upon circumstances particular to the site and/or neighborhood. The applicant has submitted a justification statement which states the following: The requested change to the SAD includes both a change in circumstances and a more appropriate use of the property which result in a less intensity than allowed under the Future Land Use Map. 'The Thompson Consulting report which is referenced in the Project Information, indicates that the existing approved office development is not viable, and there is more than adequate inventory elsewhere in the City; and that there is an identifiable need for luxury apartments. Comment: Consideration of the changes to this SAD depends entirely upon the action taken on the proposed FLUM amendment. The justification statement provided by the applicant is an argument in favor of the change in allowable land uses. If the FLUM amendment is approved, the existing SAD which consists-Of office uses will be inconsistent with the residential land use. Similarly, if the FLUM amendment is denied, the proposal to change the SAD to ~esidential uses will not be consistent with the Commerce land use. Thus, the appropriate reason is "b", that there has been a change in circumstances (the FLUM amendment if approved) which make the current zoning inappropriate. Development Processin_o: Concurrent with processing of the SAD/DRI modification, a sketch/master plan and overall site plan modification was submitted. This master plan shows the general location of types of uses, points of access, and pedestrian walkways. P & Z Board Staff Report Modification to the SAD (Special Activities District) Ordinance and Development Order for the Waterford/Delint DRI Page 11 The overall site plan shows the intensity, and general location of buildings, circulation, and parking. Under the current SAD approval process a specific site plan, landscape plan, and elevations are to be submitted and reviewed by the Planning and Zoning Board and City Commission. Further, any future modifications (i.e. addition of parking spaces, etc.) must be processed as a rezoning of the SAD requiring review by the Planning and Zoning Board and approval by the City Commission. An alternative processing is being proposed which would allow review and approval of the specific site plan, landscape, elevations, and engineering plans by the Site Plan and Review and Appearance Board. Substantial changes to .an SAD including increases in intensity, change of uses, etc. would continue to be reviewed by both the Planning and Zoning Board and the City Commission, while minor changes to the plan itself would be processed as site plan modifications. Development Proposal: The master development plan depicts the proposed 300-unit upscale rental apartment complex on 31 acres. The development will include 25 12-unit apartment buildings, 2 clubhouses containing a fitness center, and 2 heated pools and spas. Additional amenities will include 2 tennis courts, a basketball court and a volleyball court. Two hundred of the 300 apartment units will have attached private garages with automatic doors and private door access. The site contains 727 parking spaces, 200 of which are garage spaces and 200 are tandem spaces behind the garages. Access is proposed from the existing spine road which was constructed for the previously approved office development. The spine road intersects with SW 10th Avenue and Lindell Boulevard. Secondary access will be provided to Waterford Place via an e~isting connection through the Builders Square parking lot. - The overall site plan also includes a 78 room residence/business-hotel use on 4 acres. The 78 rooms will be a combination of studios, one and two bedroom suites. The studios and one bedroom suites will be 500 sq.ft., while the 2 bedroom suites will be 700 sq.ft, in size. The hotel will include a gatehouse with small meeting room, exercise room and hearth room as well as an outside pool. The hearth room is designed to serve as a breakfast area since complimentary continental breakfast is served. This room is also used as an evening gathering room for planned social hours and serves as a group TV room. The hotel site contains 82 parking spaces with access from the existing spine road. P & Z Board Staff Report Modification to the SAD (Special Activities District) Ordinance and Development Order for the Waterford/Delint DRI Page 12 COMPLIANCE WITH LAND DEVELOPMENT REGULATIONS: Items identified in the Land Development Regulations shall specifically be addressed by the ~body taking final action on the site and development application/request. A review was conducted of the overall site plan and the following comments are noted: Parking Lot Design Pursuant to LDR Section 4.6.9(D)(3)(c) the minimum distance between a right- of-way and the first parking space in a parking lot of 50 or more cars shall be a minimum of 50 feet. The plan depicts several parking spaces which do not maintain the setback and in some cases back. directly into the central street system. Pursuant to LDR Section 4.6.9(C)(2)(c) the multi-family apartment development proposal is required to provide a total of 675 parking spaces. The overall site plan provides a total of 727 parking spaces, 200 of which are in garages and 200 are in tandem spaces behind the garages. Pursuant to LDR Section 4.6.9(C)(1), tandem parking is only permitted for single family homes and duplexes. The applicant will be seeking a relief pursuant to Section 4.6.9(C)(1)(g) (reduction allowed) based on the unique character of the development. If the relief is not granted redesign of the specific site plan will be required. The hotel component has provided an adequate number of regular parking spaces. Pursuant to ADA (American Disabilities Act) requirements, I handicap space will be provided for each required 25 spaces. A deficiency is noted for both the hotel and residential units. Provision of Ingress/Egress Pursuant to LDR Section 4.6.9.(D)(2)(c), parking is not allowed to back-out into an accessway/travel lane where the ADT (Average Daily Traffic) exceeds 200 daily trips. There are portions of the parking lots at the northeast and southwest portion of the site plan which do not meet this requirement. Pedestrian Link= Traffic Element Policy D-1.1 and LDR Section 3.3.3.(B) require that all new developments shall provide for the installation of sidewalks or otherwise accommodate pedestrian traffic so that a pedestrian does not have to use P & Z Board Staff Report Modification to the SAD (Special Activities District) Ordinance and Development Order for the Waterford/Delint DRI Page 13 vehicular travelways to access common areas or neighboring properties. In addition Traffic Element Policy D-1.2 requires that the provision of a pedestrian system apart from the street as well as within public right-of-way systems shall be explored with the review of each development plan. Specific focus shall be given to access to waterways, to parks, between residential developments, and along access routes to schools including such systems through developments. The overall site plan provides for a pedestrian link through the site from the existing Waterford Village Apartments to Builders Square. Pursuant to the above policies and LDR section additional sidewalks will be required on each side of the spine road, between the cul-de-sacs (northeast corner), around the lake and to the recreation parcels. Tot Lots Open Space and Recreation Element Policy A-3.3 requires that tot lots and recreational areas be features of all new housing developments which utilize any of the City's PRD zone districts or which have homeowner associations which must care for retention areas, private streets or common areas. While the overall site plan does indicate two recreation areas, tot lots have not been provided. Although the property is not zoned PRD (Planned Residential Development), it is a planned developed governed by a master development plan. Further, if conventional zoning were to be applied to the property, it would be developed under the RM (Medium Density Residential) zoning designation which also requires that tot lots be provided [ref. LDR Section 4.4.6(H)(3)]. There are open areas throughout the site where tot lots can be easily accommodated. In order to fulfill this Comprehensive Plan Policy as well as the LDR require_ment, tot lot locations as well as the type of playground equipment must be .... provided. - Florida Statutes Governing Modification to Development of Regional Impacts (DRI$): Processing of a change to a DRI is governed by Chapter 380.06(19), F.S. in which a determination as to whether the proposed change constitutes a substantial deviation to the previously approved DRI must be made. This change consists of simultaneous increases and decreases of at least two of the uses within the multi-use development, and is therefore governed by Chapter 380.06(19)(e)5c, F.S. Pursuant to the Statute, the proposed change is presumed to create a substantial deviation, but such presumption may be rebutted by clear and convincing evidence. P & Z Board Staff Report Modification to the SAD (Special Activities District) Ordinance and Development Order for the Waterford/Delint DRI Page 14 The City must consider whether the proposed change is or is not a substantial deviation, requiring further Development of Regional Impact Review. Both Treasure Coast Regional Planning Council (TCRPC) and the Florida Department -of Community Affairs (DCA) have been notified of this public hearing and invited to attend and provide input. The developer asserts that the proposed change is not substantial since the major regional issue - traffic - is reduced by the change from office to residential and residence/business hotel uses. This assertion is sustained by the traffic analysis submitted with the Notification of Proposed Change, which shows a 556 daily trip reduction and AM and PM peak hour reduction with the proposed development. The proposed change will have no adverse impacts on other regional issues, such as air quality, drainage, water supply, and wastewater. Based upon the assertions, staff concurs with the developer that the proposal does not constitute a substantial deviation to the DRI. The City Commission will consider the Substantial Deviation issue concurrently with the FLUM amendment, and SAD, Development Order and Master Development Plan modifications. DRI Development Order: There are two aspects of the Waterford SAD/DRI which are to be analyzed. This includes the Modification to the SAD, which was previously discussed and the Waterford DRI Development Order. The following are the conditions of the development that require specific actions or changes with regard to the DRI modification. Condition #1 Application for Development Approval: This condition relates the contents of the application for development approval and currently includes the ADA submitted December 17,1987, supplementary information submitted February 4, 1985, October 8,1987, and the Conceptual Master Development Plan as approved by City Commission on December 16, 1992. The condition needs to be amended to add the applicable approval date of the accompanying Master Development Plan. Condition #'15 Energy: This condition requires that with final site plans, the developer shall incorporate those energy conservation measures identified on pages 25-4 and 25-5 of the Delint Center Application for Development Approval, and, to the extent feasible, measures identified in the Treasure Coast Regional Planning Council's Regional Energy Plan, dated May '1979. These energy conservation measures were to include: P & Z Board Staff Report Modification to the SAD (Special Activities District) Ordinance and Development Order for the Waterford/Delint DRI Page 15 A. Extensive landscaping to shade open areas throughout the site and increase shading to individual buildings. Landscaping would reduce air temperatures and reduce the demand for air conditioning. B. Underground parking for office buildings to reduce exposed, paved areas, therefore generating less heat. C. Utilization of mirrored glass in office building facades to reduce air conditioning load and lighting demands. D. Energy efficient insulation on office buildings. E. Inclusion of recessed glass surfaces in hotel rooms and residential units. F. Installation of air conditioning in individual hotel rooms. G. Placing common areas of the hotel on a zone system to cool areas when need is greater. H. A waste recovery system for hot water heating in the hotel. With the proposed modifications to replace the office buildings with apartments and a residence/business hotel, the specific items which relate to the office buildings will no longer be relevant (B, C & D). Condition #19 Transportation Improvements: This condition relates to improvements which are to be provided when the daily traffic from this project exceed 10,935 daily trips. These improvements include.,typ0 items which have not been completed. These include: A. The construction of a second eastbound right-turn lane on Linton Boulevard at its intersection with Southwest 10th Avenue. (It is noted the pavement for this improvement has been installed and is currently striped out.) B. The construction of a second westbound left-turn lane on Linton Boulevard at its intersection with Southwest 10th Avenue. (It is noted the pavement for this improvement has been installed and is currently striped out.) C. The construction of a second northbound right-turn lane on Southwest 10th Avenue at its intersection with Linton Boulevard. As the project will be built out with the completion of the apartments and hotel it appears appropriate to determine the status of each of these remaining improvements. The improvements should either be constructed P & Z Board Staff Report Modification to the SAD (Special Activities District) Ordinance and Development Order for the Waterford/Delint DRI Page 16 (including appropriate striping), bonded or eliminated. The City's traffic consultant is reviewing each of the improvements and a recommendation on each will be provided to the City Commission. Condition #20 Transportation special im_oact fee: The developer shall contribute an additional fifty cents per square foot for all office and industrial buildings to be paid to the City of Delray Beach at the time of issuance of Certificates of Occupancy. The funds shall be placed into a Roadway Trust Fund by the City, and transmitted to Palm Beach County upon establishment by the County of a special purpose impact fee for the creation of additional interchange capacity for Interstate 95 within the project's area of impact. Should Palm Beach County decide not to establish such an impact fee, the funds shall be used by the City for roadway improvements within the impact area. The County has not created such an impact fee. Since the equivalent of 322,413 sq.ft, of office space is being converted to residential and hotel space, the corresponding fee ($.50 /sq.ft.) should be assessed to this modification. This process was followed with the previous change from office to retail for Builders Square and a payment of $212,000 made to offset the costs of constructing S.W. 10th Avenue north of Lindell Boulevard. The current proposal equates to $161,206 or $94.83 per daily office trip (322,413/3,400 trips). As the modification proposal represents a reduction of 556 trips it appears reasonable to reduce the fee accordingly as the impacts are reduced. The corresponding fee reduction would be $52,725 (556. x $94.83). Thus, the amount of $108,481 is to be paid to the City, to be used for future roadway improvements. Local Issues Condition #21A Approving Ordinances: This condition references the SAD ordinance which is in effect for the project. A modification referencing the new SAD ordinance will be required. Condition #21B Approving Ordinances and Ma~ter Plans: This condition references the approval date of the Master Development Plan and the related SAD ordinance. A modification referencing the new Master Development Plan and SAD ordinance will be required. Condition #22B: Within three months of the date of issuance of Certificates of Occupancy for the General Retail use, an analysis of the intersection of SW 10th AvenuelLindell Boulevard shall be submitted which shall determine if a traffic signal at the intersection is warranted. If warranted, P & Z Board Staff Report Modification to the SAD (Special Activities District) Ordinance and Development Order for the Waterford/Delint DRI Page 17 the signal shall be installed by the developer within three months of a directive by the City of Delray Beach. If not warranted, the requirement for an intersection analysis shall become a requirement of the annual report by the developer. If and when the intersection analyses show that a traffic signal is warranted, the signal shall be installed by the developer within three months of a directive by the City of Delray Beach. [Res. #10-95] The applicant submitted an analysis of this intersection with the last annual report, with the conclusion that a traffic signal is not warranted at this time. Buildout of this development will further impact this intersection. The 2,406 additional daily trips have not been previously reviewed, therefore an additional analysis should be undertaken to account for this impact and submitted with the site plan. It is recommended that this condition be modified to require that the additional analysis to be submitted with the site plan, and that the traffic signal be bonded prior to issuance of the last Certificate of Occupancy of the hotel or apartment units. If after one year of issuance of the last Certificate of Occupancy the signal is not warranted, then the bond would be released. Condition #22C: An intersection analysis of the intersection of SW 10th AvenuelLindell Boulevard and capacity determination for SW 10th Avenue shall be submitted with each site plan for further development in the Waterford Place DRI. Based upon such analyses and when so determined by the City, the developer shall improve the intersection and shall complete the four-lane section of SW 10th Avenue between Linton Boulevard and Lindell Boulevard. [Res. #10-95] The applicant has submitted a traffic report which analyze~ the ..... intersection and indicates the intersection operates at an acceptable level. The study also identifies current daily peak season traffic volumes on S.W. 10th Avenue of 11,800 trips and average daily traffic~3f 10,620 trips per day. With development of the hotel and apartments plus natural growth (1% per year) the total of 13,233 average daily and 14,703 peak season trips will be present on the roadway at buildout in 1997. The capacity for a two lane road is 13,400 vehicles per day. As this roadway will be operating at a level of service E during peak season at buildout of this project, and the four-laning of the roadway is a condition of this DRI the improvement should be installed with this SAD modification. Further, given the current background rate the average daily traffic (not peak season) will exceed the level of service D by 1999. Given the above, it is recommended that Condition #22C be modified to require the fourolaning of S.W. 10th Avenue with issuance of building permits for the development of the apartments and hotel. P & Z Board Staff Report Modification to the SAD (Special Activities District) Ordinance and Development Order for the Waterford/Delint DRI Page 18 Condition #22D: The developer shall submit plans to de-emphasize Lindell Boulevard as a collector road with any site plan for further development of the Waterford Place DRI. Such plans shall address, among other alternatives, the realignment of Lindell Boulevard into the Waterford Place Office Park. Designs to so de-emphasize traffic use on Lindell Boulevard may be required through site plan conditions. [Res. #10-95] The applicant has not submitted plans which address the de-emphasis of Lindell Boulevard with the master development plan. The applicant does address the issue in the accompanying traffic report. Within the report the applicant indicates that the realignment of Lindell was considered but the geometrics of the alignment would be such that it is not practical. Further,. there are existing lakes which would have to be relocated to accomplish the realignment. It is recommended the applicant submit the above mentioned plans as required in this condition for review by the City Engineer for acceptable geometrics. The fact that the small lakes would have to be relocated or reconfigured is of little consequence as this SAD modification as well as previous one both involve either creation or reconfiguration of water bodies. The condition further references the realignment as one alternative which is to be explored. With the submittal of the site specific plan for this SAD modification, the reconfiguration as well as other alternatives are to be submitted. The SAD/DRI modification is not in a geographic area requiring review by the CRA (Community Redevelopment Agency), DDA (Downtown Developm~int Authority) or the HPB (Historic Preservation Board). Site Plan Review and Appearance Board If the SAD/DRI modification and the recommended processing modification language is approved, the associated site plan action will rest with the Site Plan Review and Appearance Board (SPRAB). The plans must be generally consistent with and accommodate the components of the approved master plan. Palm Beach County_ Planning Division The Palm Beach County Planning Division was notified of the FLUM amendment and SAD/DRI modification. To date, a response has not been received. P & Z Board Staff Report Modification to the SAD (Special Activities District) Ordinance and Development Order for the Waterford/Delint DRI Page 19 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: El Palm Beach County Planning El Laver's North El City of Boca Raton El Southridge Homeowner's Association El Helen Coopersmith (PROD) El The Crosswinds El Tropic Palms El Lillian Feldman, Delray Property Owners El Town and Country El Palms of Delray El Lake Delray Apartments Letters of objection, if any, will be presented at the Planning and Zoning Board meeting. If the Future Land Use Map amendments are approved, the SAD Ordinance and associated Master Development Plan as well as the DRI Development Order - must be modified accordingly in order to obtain Consistency. Likewise, if the FLUM amendment is not approved, action on the SAD and DO Modifications becomes moot. With this proposal the office component is being replaced with a 300 unit luxury apartment complex and a 78 unit residence/business hotel development. Therefore, the SAD Ordinance and DO modifications involve deletions, additions and modifications to their respective documents which include conditions of approval. There are a number of items that have been discussed throughout the staff report which must be addressed as conditions of approval. The most ..... significant of these relates to the signalization of the Lindell/S.W. 10th Avenbe intersection, four-laning of S.W. 10th Avenue and the redesign of the Lindell/10th Avenue intersection in order to de-emphasize Lindell Boulevard' as a collector roadway. Many of the other items relate to the site specific development and will need to be addressed at the time of full site plan review. It is noted, however, that 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 construction commence on the hotel site prior to issuance of the apartment building permits. A. Continue with direction. P & Z Board Staff Report Modification to the SAD (Special Activities District) Ordinance and Development Order for the Waterford/Delint DRI Page 20 B. Recommend approval of the modification to the SAD/DRI for Waterford//Delint and Development Order based upon positive findings with respect to Chapter 3 (Performance Standards) and LDR Section 2.4.5(D)(5) (Rezoning Findings) of the Land Development Regulations, and policies of the Comprehensive Plan, subject to conditions. C. Recommend denial of the modification to the SAD/DRI for Waterford/Delint and Development Order of the based upon a failure to make a positive finding with respect to LDR Section 2.4.5(D)(5) (Rezoning Findings) the modification fails to fulfill at least one of the reasons listed. I~ii~i~ i !~i.:..'~ ~ ~!i~ ~ ~ii~ ~ ii!~ ~:~ ~ !!iii-"~ ~...:.:.:.~ i::-:-:-..~ ~i:::.:.::~i.:ii::.:.::~iiii. >, ..:i.~....:.:.: ~ ~...:.:.: ~::...:.:.::~:~., By Separate Motions: SAD/DRI and Associated Master Development Plan Modification Recommend to the City Commission approval of the modification to the SAD/DRI and associated Master Development Plan for Waterford/Delint based upon positive findings with respect to Chapter 3 (Required Findings) and Section 2.4.5(D)(5) (Rezoning Findings) of the Land Development Regulations, and policies of the Comprehensive Plan, subject to the following conditions: A. Modifications of Ordinance 79-84, as amended by Ordinances 96-87, 68-89, 64-92 which comprise the SAD Zoning Ordinance for Waterford/Delint DRI, and incorporates the following components: E] Addition of Multi-family use and ancillary recreational facilities as an allowed use Q Addition of a residence/business hotel with ancillary recreation, m~eting room, exercise room and hearth room as an allowed use I~ Deletion of office, research and development use El Modification of the Master Development Plan to accommodate: 0 Deletion of 322,413 sq.ft, of office space 0 Addition of 300 upscale rental units and associated recreation amenities 0 Addition of a 78 room residence/business hotel and associated recreation amenities. B. That with development of the apartment complex and residence/business hotel site, the realignment of Lindell for the purpose of de-emphasizing it as a collector road shall be explored. An option to be considered is "T"ing Lindell into a S.W. 10th Avenue extension within the Waterford SAD/DRI. P & Z Board Staff Report Modification to the SAD (Special Activities District) Ordinance and Development Order for the Waterford/Delint DRI Page 21 C. That construction commence on the hotel site prior to issuance of the apartment complex building permits. D. That a full site plan application be submitted and reviewed by SPRAB which includes addressing the following items: 1. The handicap accessibility be provided in compliance with ADA requirements. 2. That the issues with regard to parking i.e. parking reduction, tandem parking, and back-out parking, be addressed with the. full. site plan submittal for the apartment complex. 3. That additional sidewalks be required on each side of the spine road, between the cul-de-sacs (northeast corner), around the lake and to the recreation parcels. 4. That tot lot locations as well as the type of playground equipment must be provided on the plans. Development Order Modification: Recommend to the City Commission approval of the Development Order modification for the Waterford/Delint SAD/DRI with the following conditions: A. Modification of Resolution 49-85, as amended by Ordinance 96-87, Resolutions 80-89,132-92, 10-95, and 60-95 which comprise the Development Order for Waterford DRI. The modifications include the following: El Deletion of 322,413 sq.ft, of office space El Addition of 300 upscale rental units with associated recreation amenities E! Addition of a 78 room residence/business hotel B. That Condition #1 be amended to add the applicable approval date of the accompanying Master Development Plan. C. That the City's traffic consultant make a determination with respect to Condition #19 (lane improvements). D. That the approved ordinances be modified and references made to the new SAD Ordinance and Master Plan Modification where applicable in order to comply with Conditions #21A and #21B. E. That Condition #22B be modified to require that additional analysis for the Lindell/S.W. 10th Avenue intersection be submitted with the site plan, and . P & Z Board Staff Report Modification to the SAD (Special Activities District) Ordinance and Development Order for the Waterford/Delint DRI Page 22 that the traffic signal be bonded prior to issuance of the last CO of the hotel or apartment units. F. That Condition #22C be modified to require the four-laning of S.W. 10th Avenue with issuance of building permits for the development of the apartments and hotel. Attachments: n Location Map Master Development Plan Overall Site Plan WALLAC~ WALLACE' W~ S~ ~RIO~ ;~ ~RIOG[ F~O NISS~ O~ ~LLA~ CONDO I~L CONDO LIN TON BLVD. LINTON PLAZA C~RCLE ClRCUIT ROSS C~TY LAKE~IEW APARTMENTS TARGET BUILDERS SQUARE DELRA Y WA TERFORD % ~RO~4 APAR TMEN TS OJRLEW ROAD LAKE DELRA Y APAR TMEN TS C~1'¥ O~' OELRAY BEACH. FL LAND USE MODIFICATION WATERFORD/DELINT D.R.I. -- 0#;/~,41. EAS£ ~ $~S~£~ -- / / I' / ./ / /. / i- l .X