Ord 01-98ORDINANCE NO. 1- 9 8
AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF
DELRAY BEACH FLORIDA RESTATING AND AMENDING
ORDINANCE 64-92, AND ORDINANCE 11-96 WHICH COMPRISE
THE SAD (SPECIAL ACTIVITIES DISTRICT) ZONING ORDINANCE
FOR THE WATERFORD PLACE/DELINT DEVELOPMENT OF
REGIONAL IMPACT (DRI); GENERALLY LOCATED ON THE
SOUTH SIDE OF LINTON BOULEVARD, BETWEEN INTERSTATE-95
AND LINDELL BOULEVARD; BY INCORPORATING ANY EXISTING
CONDITIONS OF THE WATERFORD PLACE/DELINT DRI INTO THE
SAD ZONING DISTRICT; ESTABLISHING CONDITIONS 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 on 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, on March 5, 1996, the City Commission adopted Ordinance No. 11-96 which further
amended Ordinance No. 79-84 by replacing the remaining 322,413 sq. ft. of office space for an additional
300 multi-family residential units and a 78 room residence/business hotel, and adding additional conditions of
development; and
WHEREAS, on January 20, 1998, the City Commission adopted Resolution No. 6-98 which
abandoned the DRI stares of the Waterford Place/Delint project, repealing the DRI-DO in its entirety, noting
that it will be replaced by an amended SAD, and any unmet conditions of the DRI-DO shall be incorporated
into the SAD Ordinance.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF
DELRAY BEACH, FLORIDA, AS FOLLOWS:
Section 1. That Section 4 of City of Delray Beach Ordinance No. 64-92, as amended by
Ordinance 11-96, be, and the same are hereby amended to read as follows:
That the development of the property described in Section 1 of Ordinance No. 64-92 shall be
in accordance with the following conditions:
1. The site data shown on the MDP shall be up-dated and corrected to reflect the
resulting amount of floor area and acreage and parking accommodated in the entire project
2. The d~ residential portion shall contain no more than 536 units.
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3 ~. That the number to be used for establishing the vested traffic count for external trips
shall be 10,111__,_trins. ~,,~ +~,~ -~-~.,.-' :~-. an~ ann ~..
~...
Page 2 of 8 Ord. No. 1-98
· ,.~,.l-+ .rs
developer shall submit plans to de-emphasize Lindell Boulevard as a collector road with any site plan
for further development of the Waterford Place project. Such plans shall address, among other
alternatives, the realignment of Lindell Boulevard into the 300 rental apartments and
residence/business hotel comnonent of Waterford Place. Designs to so de-emphasize traffic use or,
Lindell Boulevard may be required through site plan conditions,
5-1-g. The developer recognizes that roadway improvements associated with the traffic
generated from this project are subject to review with each new site plan consideration. Accordingly,
the developer agrees to construct such additional on-site and off-site traffic improvements as may be
required by the City Commission, pursuant to the City's Land Development Regulations, at the time
of site and development plan approval.
Page 3 of 8 Ord. No. 1-98
6 4-5. The developer acknowledges that the east accessway to retail use is a temporary
condition and that if it later becomes necessary to alter it, the existing improvements may need to be
totally redesigned, removed, and reconstructed including the necessity to replat the access tract which
is now being created. Further, the improvements shall comply with geometric and construction
standards of the City for a street, but shall not need to comply with full cross-section requirements i.e.
right-of-way, two sidewalks, swale drainage.
7 46. The developer shall provide pedestrian ways to the intersection of S.W. 10th Avenue
and Lindell Boulevard, and to Delray Crossings from the retail use. The requirement of providing
pedestrian ways to Delray Crossings is a requirement of the City, and shall not be considered a
sharing of infrastructure, pursuant to Chapter 380, Florida Statutes.
8-1-8. The developer shall continue the landscape concept which is found along Circuit City
for the length of the Waterford frontage along 1-95.
9 g4. That SPRAB consider special, off-site screening to be located within Waterford
Village, or on other portions of the project ~, in order to mitigate inappropriate visual
effects of the retail use facility from the apartment complex.
.........~ pe~t
megaStar!era. ~e develo~r ahall provide and maintain a buffer zone of native upl~d
vegetation ~ound wefl~d ~d deepwater habimt~ which are co~cted on-site ~ accordance wi~ ~'~
follow~g provision. ~e buffer zone may co~ist of prese~ed or plated vegetation, but shall
Page 4 of 8 Ord. No. 1-98
include canopy, understory and ground cover of native species only. The edge habitat shall beein at
the upland limit of any wetland or deepwater habitat and shall include a total area of at least 10 ~uarc,
feet per linear foot of wetland or deepwater habitat perimeter. This upland edge habitat shall be
located such that no less than 50 percent of the total shoreline is buffered bv a minimum width of 10
feet of upland habitat.
11 L}-3. Modifications to the existing SFWMD permit shall be received and reviewed to insure
compatibility with the approved site plan prior to issuance of building permits. If inconsistencies
arise, modifications shall be approved through the site plan modification process with action by
SPRAB when Board action is required.
12LM. Conflicts among the site and development plans (site plan, landscape plans,
engineering plans) and changes thereto which may be necessary to accommodate the proposed gravity
sewer system shall be resolved in favor of the landscape plans and site plan.
13 Lx6. The developer shall extend the pedestrian path in the residential area from that area
into, and through, the balance of the project ~ in accordance with the standards of the City
Engineer.
........................ ~ ........... V ~W
Page 5 of 8 Ord. No. 1-98
14. The developer shall establish a vegetated and functional littoral zone as part of the surfac~
water management system and drainage canals occurring on the property_. Prior to construction of
surface water management system for an_v phase of the project, the developer shall prepare a desi~_n
and management plan for the wetland/littoral zone that will be developed as part of that system. The
plan shall: 1) include typical cross sections of the surface water management system showine the
average water elevation and the -3 foot contour (i.e. below average elevation): 2) specify-how
vegetation is to be established within this zone. including the extent, method. _type and timin~ of any
planting to be provided: and 3~ provide a description of an_v management procedures to be foli-owed in
order to assure the continued viability, and health of the littoral zone. The littoral zone as established
shall consist entirely of native vegetation and shall be maintained permanently as part of the water
management system. As a minimum. 10 square feet of vegetated littoral zone per linear foot of lake
shoreline shall be established as part of the surface water management system. The plan shall
subject to approval by the Ci.ty of Delray Beach and South Florida Water Management District prior
to beginning any excavation activi _ty. The plan shall be implemented and work inspected no later than
18 months after the lakes are excavated.
15. The primary_ source of irrigation water shall be the surface water management system
of lakes. In no case shall irrigation water be derived from municipal potable water sources,
Page 6 of 8 Ord. No. 1-98
16. At least 30 percent of the landscaped areas on-site, excl-_ding rights-of-way, building
courtyard areas and planting boxes which abut buildings shall be comnrised of native vegetation. The
location of vegetation areas shall be such that the watering and fertil'ization of non-native areas does
not inhibit the management of the native vegetation areas in a healthy state. Fifty_ ~rcent of the tree,~
used in landscaping shall be native trees adapted to soil conditions on-site.
17. The developer shall contribute an $47.41 per vehicular trip. which equates to $134.834
($47.41 X 2.844 trips) to be paid to the City of Delray Beach at the time of issuance of buildin_~
permits for the 300 unit residential development. The funds shall be placed into a Roadway Trusl
Fund by the Ci_ty. and transmitted to Palm Beach Coun.ty upon establishment by the Coun_ty of a
s_tmcial purpose impact fee for the creation of additional interchange capacity_ for Interstate 95 withir
the project's area of impact. Should Palm Beach Coun.ty decide not to establish such an impact fee.
the funds shall be used by the Ci.ty for roadway improvements within the impact area.
18. The developer shall submit, on an annual basis, an analysis of the intersection of s,W
10th Avenue/Lindell Boulevard until the project is completed. Based on the intersection analysis and
any other necessary, information, the Ci.ty shall determine if a traffic signal at the intersection i,~
warranted. 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 Ci.ty of Delray Beach7 If
the signal is not installed based on these analyses, then prior to issuance of the last Certificate 9f
Occupancy for the residence/business hotel and the 300 rental apartments, the traffic signal shall bc.
bonded by the developer. One year after issuance of the last Certificate of Occupancy. an intersectioc,
analysis shall be submitted by the developer. If the Ci_ty determines that a traffic signal is warranted.
the bond will be utilized to install the traffic signal. If the traffic signal is not warranted, the bond
will be returned to the developer.
19. An intersection analysis of the intersection of S.W. 10th Avenue/Lindell Boulevard and
capacity, determination for S.W. 10th Avenue shall be submitted with each site plan for futih¢~
development in Waterford Place. Ba~ed upon such analyses and when so determined by the Ci _ty. th~;
developer shall improve the intersection and shall complete the four-lane section of S.W. 10th Aven-,,
between Linton Boulevard and Lindell Boulevard.
20. Certificate of Occupancy shall be issued for the hotel prior to issuance of a final
certificate of occupancy for the apartment complex.
21. Development of the hotel and 300 unit apartment complex shall be consistent with the
Master Development Plan (MDP), and a full site plan application shall be submitted and reviewed by
the Site Plan Review and Appearance Board which includes addressing the following Items:
(a) The handicap accessibility shall be provided in compliance with ADA requirements;
Page 7 of 8 Ord. No. 1-98
(b) The issues with regard to parking (i.e. parking reduction, tandem parking, and backout
parking) shall be addressed with the full site plan submittal for the apartment complex;
(c) Additional pedestrian ways shall be required on each side of the spine road, between the
cul-de-sac (northeast comer), around the lake and to the recreational parcels;
(d) Tot lot locations as well as the type of playground equipment must be provided on the
plans.
~. 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 for all
future development.
Section
repealed.
That all ordinances or parts of ordinances herewith be, and the same are hereby
~. 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 to be
declared invalid.
~. That this ordinance shall become effective upon the effective date of the resolution
authorizing the abandonment of the Waterford/Delint DRI.
PASSED AND ADOPTED in regular session on second and final reading on this 20th day of
January, 1998.
ATTEST:
City Clerk - --/ .... /~
First Reading January 6, 1998
Second Reading January 20, 1998
S :\adv\wtfd24
Page 8 of 8 Ord. No. 1-98
MEMORANDUM
TO:
FROM:
SUBJECT:
MAYOR AND CITY COMMISSIONERS
CITY Mg2XlAGER~
AGENDA ITEM # /0~- REGULAR MEETING OF JANUARY 20, 1998
ORDINANCE NO. 1-98 (SPECIAL ACTIVITIES DISTRICT ZONING
DATE:
ORDINANCE) & RESOLUTION NO. 6-98 (ABANDONMENT OF
DEVELOPMENT OF REGIONAL IMPACT STATUS) FOR WATERFORD
PLACE
JANUARY 15, 1998
This is second reading and a quasi-judicial public hearing for
Ordinance No. 1-98 which amends the Special Activities District
(SAD) zoning ordinance for Waterford Place by adding any
outstanding conditions from the DRI Development Order in addition
to the development conditions already contained in the SAD.
Also presented for consideration is Resolution No. 6-98 which
authorizes the abandonment of the Development of Regional Impact
(DRI) status for Waterford Place/Delint. It repeals the DRI
Development Order and replaces it with Ordinance No. 1-98 which
constitutes the City's development order for the balance of the
project.
The request for abandonment of the DRI status for Waterford Place
has been reviewed by the Treasure Coast Regional Planning Council
and the Florida Department of Community Affairs. Both agencies
have indicated that they have no objection to the abandonment.
The Planning and Zoning Board considered both the request for
abandonment of the DRI status and an amendment to the SAD
ordinance at a public hearing on December 15, 1997. After
discussion, the Board voted 6 to 0 to recommend that the City
Commission approve both items.
At first reading of Ordinance No. 1-98 on January 6th,
Commissioner Schmidt suggested that the language in paragraph 18
be strengthened to clearly state that the City has the final say
on traffic light installation. This has been done. The ordinance
was passed on first reading by unanimous vote of the Commission.
Recommend approval of Ordinance No. 1-98 on second and final
reading, together with approval of Resolution No. 6-98 abandoning
the Waterford Place/Delint DRI.
ref:agmemo22
[ITY OF DELRRY BEllI:H
CITY ATTORNEY'S OFFICE
DELRAY BEACH
Ali,America City
1993
DATE:
TO:
FROM:
DELRAY BEACII, FLORIDA 33444
Writer's Direct Line: (561) 243-7090
January 14, 1998
Alison MacGregor Harty, City Clerk
_67
David N. Tolces, Assistant City Attorney'~
SUBJECT: Waterford Place SAD Ordinance - Revised
Pursuant to Commissioner Schmidt's direction, Paragraph 18 of the attached ordinance
was revised. The revision provides a more direct explanation that the City is in control
of determining when a traffic light is necessary.
A copy of this revised ordinance should be attached to the associated resolution
approving the DRI abandonmem.
DNT:smk
Attachment
cc: John Walker
watford.dnt
TO:
FROM:
SUBJECT:
DAVID T. HARDEN
CITY MANAGER
DIANE DOMINGUEZ, DIRECTOR ~~L,~
DEPARTMENT OF PLANNING AND ZONING
MEETING OF JANUARY 6, 1998
AMENDMENT TO ORDINANCE NO. 794~4, THE SPECIAL ACTIVITIES
DISTRICT (SAD) ORDINANCE FOR WATERFORD PLACE
** FIRST READING **
The action requested of the City Commission is that of adopting, on first reading, an amendment
to Ordinance No. 79-84, the Special Activities District (SAD) ordinance for Waterford Place.
The developer of Waterford Place has requested the abandonment of the Development of
Regional Impact (DRI) status for the project. The procedure for granting the request involves
consideration of a resolution repealing the DRI Development Order (DRI-DO) and, if the resolution
is approved, the amendment of the SAD ordinance to add any outstanding conditions of the DRI-
DO, in addition to the development conditions already contained in the SAD ordinance.
A public hearing to consider the resolution abandoning the DRI has been scheduled for January
20th. However, since an ordinance requires two readings before the City Commission, the first
reading is scheduled for this meeting so that the second reading and public hearing for the SAD
amendment can also occur at the meeting of January 20th. The attached Planning and Zoning
Board staff report contains the complete background and analysis for the request for DRI
abandonment and the proposed amendment to the SAD ordinance.
The Planning and Zoning Board considered both the request for abandonment of the DRI status
and an amendment to the SAD ordinance, in a public hearing, at its meeting of December 15,
1997. During the public hearing, two residents commented on the traffic conditions along Linton
Boulevard. After discussion, the Board voted (6-0) to recommend that the City Commission
approve both items.
By motion, approve the amendment to Ordinance No. 79-84 on first reading, and schedule the
second reading and public hearing for January 20, 1998.
Attachment: ,/~~
· Planning and Zoning Board Staff Report of December 15, 1997 (~-__~.
MEETING OF: DECEMBER 15, 1997
AGENDA ITEM:
V.B. RECOMMENDATION TO THE CITY COMMISSION TO
DETERMINE WHETHER A REQUEST TO ABANDON THE DRI
STATUS OF WATERFORD PLACE SHOULD BE GRANTED,
GRANTED WITH CONDITIONS, OR DENIED.
V.B.I. RECOMMENDATION TO THE CITY COMMISSION TO
AMEND THE SAD ORDINANCE FOR WATERFORD PLACE.
The items before the Board are:
Determining whether a request to abandon the Development of Regional Impact
(DRI) status of Waterford Place should be granted, granted with conditions, or
denied.
Amending the Special Activities District (SAD) zoning, adding any outstanding
conditions from the DRI-DO, in addition to the development conditions already
contained in the SAD.
II II III I III IIII II ii1"' i*1'1'1'1'"*1111'
On October 21, 1997 an application was received for abandonment of the DRI status of
the Waterford Place project. Such applications are processed pursuant to state rules
(9J-2 F.A.C.) as well as City regulations. Copies of the application were submitted by
the developer to the Treasure Coast Regional Planning Council and the Florida
Department of Community Affairs. At its meeting of November 4, 1997, the City
Commission set a schedule for public hearings to consider the application.
Abandonment of the DRI status is requested as the currently approved project does not
meet the thresholds to require regional review as a DRI. Such abandonment will not
reduce the City's control over development of the project. A brief history of the project
illustrates the changes made since its initial approval.
V.B. & V.B.1.
P&Z Board Memorandum Staff Report
Waterford Place
Page 2
In 1984/85, the Delint Development of Regional Impact (DRI) and associated rezoning
to Special Activities District (SAD) were processed. The SAD was approved in October,
1984, by Ordinance No. 79-84. The DRI Development Order (DRI-DO) was approved
on May 28, 1985 by Resolution No. 49-85. The approved project consisted of 811,763
square feet of office space, a 250 room hotel, and 236 multi-family residential units.
Pursuant to State regulations, the size of the office component made the project a DRI,
subject to regional and state review.
On-site infrastructure for the office park portion of the project was constructed dudng
the next two years. Several off-site road improvements required by the DRI-DO were
also constructed dudng this time period, including the widening of Linton Blvd. and
Congress Ave.
In December, 1992, the SAD and DRI-DO were modified to delete the hotel and reduce
the amount of office space, replacing them with 136,000 square feet of general retail
(Builders Square). These action were taken via Ord. No. 64-92 and Resolution No.
132-92 respectively. The project was approved for 322,413 square feet of office space,
136,000 square feet of general retail (Builders Square), and 236 multi-family residential
units.
The project build-out date was cladfied to be June 30, 1996 via Resolution No. 10-95,
which was approved in February, 1995. In September, 1995, the build-out date was
further extended, via Resolution No. 60-95, to November 30, 1997.
In May, 1996, the SAD and DRI-DO were modified to delete the remaining office space,
replacing it with 300 residential units and a 78 room hotel. These actions were taken
via Ord. No. 11-96 and Resolution No. 37-96. The project is now approved for 136,000
square feet of general retail (Builders Square), 536 multi-family residential units, and a
78 room hotel.
As of December, 1997, the following is the status of the vadous project components:
· 136,000 square feet of general retail have been completed.
· 236 multi-family residential units have been completed.
· 300 multi-family residential units have received site plan approval, and received a
recommendation for plat approval from the Planning and Zoning Board.
· A 78 room hotel is approved as part of the Conceptual Master Plan, and has
received a recommendation for plat approval from the Planning and Zoning Board,
but still requires approval of the detailed site plan.
inn ii iii ii i ii l Ill ,lil l ,iii, ii ...... ,'l'""~'"~'**i'f ........ ii'""'i'P'"'""ii"¢'*"*'l
The process for addressing the request to abandon the DRI status will include the
following:
P&Z Board Memorandum Staff Report
Waterford Place
Page 3
Consideration of a resolution to grant the abandonment request. If the
determination is affirmative, the resolution will repeal the DRI development order
(DRI-DO) in its entirety, and note that it is replaced by the Special Activities District
Ordinance (SAD).
An amendment to the SAD, adding any outstanding conditions from the DRI-DO, in
addition to the development conditions already contained in the SAD. These
outstanding conditions include:
- Establishing a vegetated littoral zone and buffer from stormwater
management lakes and canals.
- Using native plants for at least 30% of landscaping.
- Utilizing surface water as the primary source of irrigation.
- Contributing to a roadway trust fund.
- Traffic analyses and improvements related to the intersection of SW 10th
Avenue/Lindell Boulevard.
In making its determination, the Board needs to consider a number of items, as
specified in the state's Rule 9J-2.0251, F.^.C. These items are analyzed below.
1. Eligibility for abandonment
An approved DRI which after abandonment will be at or below 80% of any'
applicable guideline identified in Rule 28-24 is eligible for abandonment of its
DRI status.
Waterford Place, as originally submitted, was found to be a DRI because it
exceeded the threshold for office development. Since the office component has
been deleted, the project no longer meets the thresholds to be a DRI. These
thresholds, as relates to the components of Waterford, are as follows:
Component
Approved
% of Threshold
Residential (units)
536 3,000 17.9
Retail(sO 136,000 400,000 34.0
Hotel (rooms) 78 350 22.3
For a multi-use project, such as Waterford Place, an additional threshold applies.
If the sum of the percentages of the thresholds for each use is equal to or
greater than 160%, the project is a DRI. The sum of the percentages of the
Waterford Place thresholds is 74.2%. Since 80% of 160% is 128%, the project
after abandonment will also be less than 80% of the multi-use threshold.
Therefore, the project is eligible for abandonment.
P&Z Board Memorandum Staff Repod
Waterford Place
Page 4
2. The developer's reason for seeking abandonment
In the application, the developer states that, based on reductions in the project
scope the resulting development no longer meets the thresholds of a DRI.
Further, all of the conditions of approval of the development order (DRI-DO) are
either completed or can easily be assimilated into the local development order
(SAD). Staff review indicates these statements to be correct.
3. The types and amounts of development constructed.
a. Infrastructure to serve the entire development,
improvements, has been completed.
including off-site
Multi-family residential units, and 136,000 square feet of retail have been
constructed. In addition, as stated in the Background section, 300 residential
units and a 78 room hotel are in the approval process.
4. The types and amounts of impacts from the project's existing and proposed
development to any resources, and existing and proposed facilities.
ao
The existing and proposed development will not create adverse impacts on
natural resources, including surface water, ground water, wetlands,
vegetative or animal communities. Performance standards in the Land
Development Regulations (LDR), and in the conditions of the SAD, will
continue to afford resource protection through completion of the project.
Impacts to public facilities, including water, sewer and streets have been
mitigated through completion of the conditions of development approval.
Performance standards in the Land Development Regulations (LDR), and in
the conditions of the SAD, will continue to address facility needs through
completion of the project.
The extent to which the proposed abandonment will affect areas previously
set aside or identified for preservation or protection.
The areas set aside for preservation or protection are limited to the vegetated
and functional littoral zone created as part of the surface water management
system and drainage canals created as part of the development. These will
continue to be protected by conditions of the SAD and the South Florida Water
Management District permit. Therefore, abandonment of the DRI will have no
adverse effect on preservation and protection.
The extent to which the developer has complied with conditions of the
development order which authorize existing development.
P&Z Board Memorandum Staff Report
Waterford Place
Page 5
The developer has fully complied with the conditions of the development order
for construction to date. The SAD will contain conditions for the proposed
development through completion of the project.
7. The extent to which the developer has relied upon benefits granted to
authorized developments of regional impact which would not otherwise be
available after abandonment.
The developer has relied on the benefits granted to authorized DRI's to vest
traffic volumes since the project was initially approved. The SAD also addresses
vested traffic, containing a volume sufficient to complete the approved project.
In addition, the project is vested under local regulations since 25% of the
improvements (water, sewer, streets, etc.) are constructed.
8. The extent and types of impacts the abandonment will have on the local
comprehensive plan and local government land development regulations.
All impacts of the approved project, through its completion, have been
addressed. Therefore, abandonment of the DRI will produce no impacts on the
Comprehensive Plan and Land Development Regulations.
9. The extent to which the proposed development after abandonment will be
inconsistent with the State Comprehensive Plan, the State Land Development
Plan, or the appropriate Comprehensive Regional Policy Plan.
The Waterford project, through completion, will continue to be consistent with the
above plans after abandonment of the DRI status.
The request for abandonment of the DRI status for Waterford Place has been reviewed
by the Treasure Coast Regional Planning Council and the Flodda Department of
Community Affairs. Both agencies have been notified of the City Commission Public
Hearing and invited to comment. Both agencies have indicated that they have no
objection to the abandonment.
Waterford Place, as currently approved, no longer meets the thresholds of a DRI. The
major infrastructure to serve the entire development, including off-site improvements,
has been completed. The remaining development to complete the project will not
create adverse impacts to natural resources or public facilities, and will not create
regional impacts. Therefore, state and regional oversight of the project is no longer
needed and the DRI status of the project may be abandoned.
P&Z Board Memorandum Staff Report
Waterford Place
Page 6
Approval, or approval with conditions, will result in the issuance by the City of an
amended DRI-DO, which includes findings of fact and conclusions of law, that either
repeals the original DRI-DO in its entirety (including previous amendments), or repeals
portions of the existing DRI-DO, and includes any appropriate additional conditions of
abandonment. The resulting development order will contain conditions which require
the developer to mitigate the impacts of all existing and proposed development, and to
satisfy all applicable conditions of the existing development order with regard to existing
and proposed development.
Denial of the request will result in the issuance of a resolution affirming the continued
effectiveness of the existing DRI-DO.
A. Approve a recommendation to grant the request to abandon the DRI status of the
Waterford Place project, and amend the SAD to add any outstanding conditions
from the DRI-DO in addition to the development conditions already contained in .the
SAD.
Bo
Deny the request to abandon the DRI status of the Waterford Place project, based
on findings that continuing regional and state review are necessary to control the
completion of development on the site.
By separate motions:
1. Approve a recommendation to grant the request to abandon the DRI status of the
Waterford Place project.
Approve a recommendation to amend the SAD, adding any outstanding conditions
from the DP, I-DO, in addition to the development conditions already contained in the
SAD, as detailed in the attachment.
S:\dv\wtfd22
PROPOSED AMENDMENTS TO THE WATERFORD PLACE SPECIAl
ACTIVITIES DISTRICT
Section 1. That Ordinance No. 79-84, as amended by Ordinances No. 96-87,
68-89,64-92, and 11-96, comprising the SAD Ordinance for the Waterford
Place/Delint Development of Regional Impact (DRI), be and are hereby
amended to incorporate the following:
That the Waterford Place/Delint development is no longer a DRI, and that any
unmet conditions of the DRI-DO are hereby incorporated into the SAD
ordinance.
Section 2. 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 for all future
development.
Section 3. That the conditions of approval in the SAD ordinance be
amended as follows:
That the development of the property described in Section I of Ordinance No.
79-84 shall also be in accordance with the following conditions:
The site data shown on the MDP shall be up-dated and corrected to
reflect the resulting amount of floor area and acreage and parking
accommodated in the entire project ,m,,cd[fi",,ctJcm
The '~ ~--~-"'-,
....... j cn .... residential portion shall contain no more than 536
· ~ .................... ~,.., .'3-crc ~ ......... /.
3,:5.
That the number to be used for establishing the vested traffic count for
external trips shall be 10,111 trips. -r~.,,,. ,~,,. · · .~n'i n~
.......... rcma:n:ng ....... sq. ff. of
.......... ~ ....... ~ .................... lC ............. ~ .......
A ........ dnn.i ..... i+Ki. +kn ~1--+~4n.4 e A~IRDI
The developer shall submit
plans to de-emphasize Lindell Boulevard as a ~llector road with any site plan for
fuAher development of the Waterford Place project. Such plans shall address
amonq other altematives, the maliqnment of Lindell Boulevard into the 300 rental
apa~ments and residence/business hotel ~mponent of Waterford Place.
Designs to so de-emphasize traffic use on Lindell Boulevard may be required
through site plan COnditions.
,in
!I.
The developer recognizes that roadway improvements associated with the
traffic generated from this project are subject to review with each new site
plan consideration. Accordingly, the developer agrees to construct such
additional on-site and off-site traffic improvements as may be required by
the City Commission, pursuant to the City's Land Development
Regulations, at the time of site and development plan approval.
,..I,~,,,-,I,-,,-,,-,.,,-,,.,+ I,-n.F,-.,:l ,,,..,."-.I "T'h,,~h~ ~.-,I,.,,,1~.1.:,.,,.,,., frs, ,e-+ k,-~ ,-,,-,.,,;:,4,.,,4 ,-,,-;,-,,. +,., n.'
thc
4,,4
The developer acknowledges that the east accessway to retail use is a
temporary condition and that if it later becomes necessary to alter it, the
improvements may need to be totally redesigned, removed, and
reconstructed including the necessity to replat the access tract which is
now being created. Further, the improvements shall comply with
geometric and construction standards of the City for a street but shall not
need to comply with full cross-section requirements i.e. right-of-way, two
sidewalks, swale drainage.
74~
The developer shall provide pedestrian ways to the intersection of S.W.
10th Avenue and Lindell Boulevard, and to Delray Crossings from the
retail use. The requirement of providing pedestrian ways to Delray
Crossings is acknowledged to be a requirement of the City and shall not
be considered a sharing of infrastructure, pursuant to Chapter 380, Florida
Statutes.
!7.
_8 18. The developer shall continue the landscape concept which is found along
Circuit City for the length of the Waterford frontage along 1-95.
oct
That SPRAB consider special, off-site screening to be located within
Waterford Village, or on other portions of the project Q~se-laa~, in order
to mitigate inappropriate visual effects of the retail use facility from the
apartment complex.
10 2-2 -r;-,,-, D,,. ,., .. .',.,., n,.,-,..~,..,,.,., ,.~,,.,. ~ ...... "'"* DRI r',~ r,,.,.,~,~..,., #7 '"~'~"~"
~' .............. t-' ......................................... ~ ........ FCV:C"'
*~'" '~'"; ....... ;* "~"'~;~'""*;~'"" The developer shall provide and maintain a
buffer zone of native upland edge veqetation around wetland and deepwater
habitats which are constructed on-site in accordance with the followinq provision
The buffer zone may consist of preserved or planted veqetation but shall include
canopy, understory and qround cover of native species only. 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 percent of the total shoreline is buffered by a minimum width of
10 feet of upland habitat.
112,3.
Modifications to the existing SFWMD permit shall be received and
reviewed to insure compatibility with the approved site plan prior to
issuance of building permits. If inconsistencies arise, modifications shall
be approved through the site plan modification process with action by
SPRAB when Board action is required.
1_~224. Conflicts among the site and development plans (site plan, landscape
plans, engineering plans) and changes thereto which may be necessary
to accommodate the proposed gravity sewer system shall be resolved in
favor of the landscape plans and site plan.
...13 26. The developer shall extend the pedestrian path in the residential area
from that area into, and through, the' balance of the project c~cc perk in
accordance with the standards of the City Engineer.
14. The developer shall establish a veqetated and functional littoral zone as pad
of the surface water management system and drainaqe canals occurring on tho.
property. Prior to construction of the surface water manaqement system for any
phase of the project, the developer shall prepare a desiqn and management plan
for the wetland/littoral zone that will be developed as part of that system. Tho
plan shall: 1) include typical cross sections of the surface water manaqement
.system showinq the average water elevation and the -3 foot contour (i.e. below
.averaqe elevation); 2) specify how vegetation is to be established within this
zone, including the extent, method1 _type and timinq of any planting to bo.
provided; and 3) provide a description of any management procedures to bo
followed in order to assure the continued viability and health of the littoral zone
.The littoral zone as established shall consist entirely of native veqetation and
shall be maintained permanently as part of the water management system. As ,q
.minimum, 10 square feet of veqetated littoral zone per linear foot of lake
shoreline shall be established as part of the surface water management system.
The plan shall be subject to approval by the City_ of Delray Beach and South
Florida Water Manaqement District prior to beqinning any excavation activity.
The plan shall be implemented and work inspected no later than 18 months after
the lakes are excavated.
15. The primary source of irrigation water shall be the surface water
management system of lakes.' In no case shall irriqation water be derived froth;
municipal potable water sources.
16. At least 30 percent of the landscaped areas on-site1 excluding rights-of
way, building courtyard areas and planting boxes which abut buildinqs shall b~
.comprised of native vegetation. The location of veqetation areas shall be such
that the watedng and fertilization of non-native areas does not inhibit tho,
management of the native vegetation areas in a healthy state. Fifty percent or
.the trees used in landscaping shall be native trees adapted to soil conditions on
site.
17. The developer shall contribute an $47.41 per vehicular trip, which equates
to $134,834 ($47.41 X 2,844 trips) to be paid to the City of Delray Beach at the;
time of issuance of building permits for the 300 unit residential development..
.The funds shall be placed into a Roadway Trust Fund by the City, an~l
transmitted to Palm Beach County upon establishment by the County of
special purpose impact fee for the creation of additional interchange capacity fo,
.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
.18. An analysis of the intersection of S.W. 10th Avenue/Lindell Boulevard shall
be submitted annually by the developer, until the proiect is completed, whic?
shall determine if a traffic signal at the intersection is warranted. If and when th,
intersection analyses show that a traffic siqnal is warranted, the signal shall
installed by the developer within three months of a directive by the City of Delray
Beach. If the siqnal is not installed based on these analyses, then pdor to
issuance of the last Certificate of Occupancy for the residence/business hotel
and the 300 rental apartments, the traffic siqnal shall be bonded by the
developer. One year after issuance of the last Certificate of Occupancy, an
intersection analysis shall be submitted by the developer. If a traffic signal is
warranted, the bond will be utilized to install the traffic signal. If the traffic signal
is not warranted, the bond will be returned to the developer.
19. An intersection analysis of the intersection of S.W. 10th Avenue/Lindell
Boulevard and capacity determination for S.W. 10th Avenue shall be submitted
with each site plan for further development in Waterford Place. 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 S.W. 10th Avenue
between Linton Boulevard and Lindell Boulevard.
20. Certificate of Occupancy shall be issued for the hotel pdor to issuance of a
final certificate of occupancy for the apartment complex.
21. Development of the hotel and 300 unit apartment complex shall be
consistent with the Master Development Plan (MDP), and a full site plan
application shall be submitted and reviewed by the Site Plan Review and
Appearance Board which includes addressing the following Items:
(a) The handicap accessibility shall be provided in compliance with ADA
requirements;
(b) The issues with regard to parking (i.e. parking reduction, tandem parking, and
backout parking) shall be addressed with the full site plan submittal for the
apartment complex;
(c) Additional pedestrian ways shall be required on each side of the spine road,
between the cul-de-sac (northeast corner), around the lake and to the
recreational parcels;
(d) Tot lot locations as well as the type of playground equipment must be
provided on the plans.
S:\adv\wtfd23
A PUBLIC HEARING vdll be bekl ae
ge ~llewl~ proposed ordinances at
1:el P.M. m I'~Y~
I~ 11~ {~ at ~ny ~lnu~m ~
m~), ~ ~ C(~ ~m~
CMm~, I~ N.W. 1~ A~, ~
ray ~h, F~iM, at ~ich ti~ ~
C~ ~mi~ will ~ Wlr
C~ C~ ~ Ci~ Hall G N.W.
~ ~ ~ ~ I:~ a.m.~ S:~
~.m., ~y ~h Fr~, ~
v~ ~ ~ a~ ~ ~r~ ~ ~
AN ORDINANCE OF THE CiTY
MISSION OF THE C~TY OF DEL~AY
~EACH, FLORIDA,RESTATING
AND ~ENDINGORDINANCE
~O ORDINAN¢E 11~ WHICH
PRISE THE ~D (SPECIAL ACTIVI.
TIESDISTRICT) ZONINGORDI-
NANCE FOR THE WATERFORD
P~CE I DELINT DEVELOPMENT
OF REGIONAL iMPACT
GENERALLY L~TED ON THE
~UTH SIDE OF LINTON BOULE-
VARD, BE~EEN iNTERSTATE · ~
AND LINOELL BOULEVARD; BY
INCOR~RATING ANY EXISTING
CONDITIONS OF THE WATERFORD
P~CE DELINT DR1 INTO THE ~O
ZONING DISTRICT; ESTABLISHING
CONDITIONS FOR FURTHER DE.
VELOPMENT; PROVIDING A ~V-
tNG C~USE, A GENERAL RE-
P~LER C~USE, AND AN EFFEC-
T~E ~TE.
AN ORDINANCE OF THE CITY ~'
MI~ON OF THE CITY OF DELRAY
BEACH, FLORID~ MODIFYING
THE C~UN~TY REDEVELOP-
~NT P~N FOR THE CI~ OF
DEL~Y BEACH; FINDING THAT
THE MODIFICATIONS CONFO~
TO THE CO~UNITY REDEVELOP-
MENT ACT OF I~, AS ~ENOED;
FINDING THAT THE MODIFiCA-
TIONS ARE CONSISTENT WITH THE
CITY OF DELRAY BEACH'S C~
PREHENSIVE P~N, AND ~KING
FURTHER FINDINGS PURSUANT
TO THE APPLICABLE REQUIRE.
MENTS ~ FLORIDA STATUTES
SECTION lg~ (6) (7); PROVIDING
A GENERAL REPEALER C~USE,
A ~VING C~USE AND AN EFFEC-
TiVE DATE.
AN ORDINANCE OF THE CI~ COM-
MISSION OF THE CITY ~ DELRAY
BEACH, FLORIDA, ~ENOING
CHAPTER ~, ~FtRE ~FE~ AND
EMERGENCY SERVICES', OF THE
CODE OF ORDINANCES ~ THE
CITY OF DELRAY BEACH, BY
~ENOING SECTION ~.M,
~ERGENCY MEDICAL TRAN~
~RTATION FEE~, SUBSE~ION
N.M (A), TO REVISE THE FEE
~HEDULE FOR EMERGENCY
MEDIAL TRANS~RTATION
ACCOR~NCE WiTH THE
TION iNDEX CHARGE FOR
PR~IDING A GENERAL REPEAL.
ER C~USE, A ~VING C~USE
AND AN EFFECTIVE DATE.
AN ~DINANCE OF T~ CITY
MISS~ON OF THE CITY OF OEL~Y
B~CH, FLORIDA, ~ENDING SEE
TION ~.~, ~LIGHT INDUSTRIAL
(L) DISTRICt, OF THE ~NO ~
VELOPMENT REGU~T ONS
THE CITY OF DELRAY GEACH, BY
~ENDING SUBSECTION ~(H)~
~PECIAL DISTRICTREGU~-
T~ONS',SUBPARAGRAPH
~(H)(3), TO REDUCE THE MINI-
MUM FLOR AREA ALL~ATED
PER TENANT OR BAY; PROVID~NG
A GENERAL REPEALER C~USE,
A ~VfNG C~USE, AND AN EF-
FECTIVE ~TE.
AN ~DINANCE OF THE CI~
MINION OF THE CITY OF DELRAY
~EACH, FLORIDA, ~ENDING SEC-
~1.3(C), ~IDEWALK CO~
$TRUCTION REQUIREMENTS, AND
~CTI~ ~1.~(C}, ~RIVEWAY
STRUCTION RETIREMENTS~, OF
THE ~ND DEVELOPMENT REG~
~TIONS OF THE CITY OF OELRAY
I~CH, TOPR~IDE ~R THE
USEOF ALTERNATIVE SURFACE
~PES FOR DRIVEWAYSAND
SIDEWALKS WHEN ~PPROVEO BY
THE CITY ENGINEER; PROVIDING
A GENERAL REPEALER C~USE,
' 'A ~VING C~USE, AND AN EF-
FECTIVE DATE.
AN ORDINANCE OF THE CITY
MINION OF THE CITY OF OELRAY
&~CH, FLORID~ ~ENDING
C~PTER ~, ~ARBAGE AND
T~, OF THE CODE OF OROI.
NANCES OF THE CITY OF DELRAY
B~CH, BY ~ENOING SECTION
~, 'BULK TR~H*, TO PROVIDE
NewS, Friday January 9, 1998
Boca Raton '
CONTINUED
BULK TRASH MAY BE COLLECTED
ON EITHER THE FIRST OR SEC-
OND REFUSE COLLECTION DAY;
PROVIDING A SAVING CLAUSE, A
GENERAL REPEALER CLAUSE,
AND AN EFFECTIVE DATE.
AN ORDINANCE OF THE CITY CON~
MINION OF THE C~TY OF DELRAY
BEACH, FLORIDA, AMENDING
CHAPTER 10, UTILITIES GENER'
ALLY; PUBLIC SERVICE TAX', OF
THE CODE OF ORDINANCES OF
THE CITY OF DELRAY BEACH, BY
AMENDING SECTION ~.1S, 'LEVY
~OF ~ TAX', AND SECTION ~.11,
q~ECORDS REQUIRED; RIGHT TO
INSPECT~, TO COMPLY WiTH
CHANGES MADE tN THE STATE
LAW REGARDING TAXATION OF
TELECOMmUNiCATION SERVICES;
PROVIDING A SAVING CLAUSE, A
iGENERAL REPEALER CLAUSE,
AND AN EFFECTIVE DATE.
C~S to ~al any dKisio~ made by
any mat~ c~tsio~'ecl at this hearing,
~ure Nat a ~,,'Mtim rKm] inclubet
ge tettlm~y ~cl evi~e~'e u~ which
ge ~lge~l I~ lo be I~. Tbe C~
retard. Pursuant te F.S. ~I~.01~S,
CITY OF DELRAY BEACH
~r..a Rat~n Ne~
CITY OF DELRAY BE~
TO:
FROM: ~ ~.~"C~
DATE:
PLANNING & ZONING
J
/
('
ORDINANCE NO.
AN ORDINANCE OF THE CITY COMMISSION OF/'gI-fE/~TY,,.OF
DELRAY BEACH FLORIDA RESTATING AND
ORDINANCE 64-92, AND ORDINANCE 11-96 WHICH
TIlE SAD (SPECIAL ACTIVITIES DISTRICT) ZONING ORDINANCE
FOR THE WATEm=O PLACE/DELINT DEVELOPMENT OF
REGIONAL IMPACT (DRI); GENERALLY LOCATED ON THE
SOUTH SIDE OF LINTON BOULEVARD, BETWEEN INTERSTATE-95
AND LINDELL BOULEVARD; BY INCORPORATING ANY EXISTING
CONDITIONS OF THE WATERFORD PLACE/DELINT DRI INTO THE
SAD ZONING DISTRICT; ESTABLISHING CONDITIONS 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 properly; and
WHEREAS, on December 22, 1987, the City Commission adopted Ordinance No.
96-87 which amended Ordinance No. 79-84 by deferring construction on 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, on March 5, 1996, the City Commission adopted Ordinance No. 11-
96 which further amended Ordinance No. 79-84 by replacing the remaining 322,413 sq. ft.
of office space for an additional 300 multi-family residential units and a 78 room
residence/business hotel, and adding additional conditions of development; and
WHEREAS, on January 20, 1998, the City Commission adopted Resolution No.
which abandoned the DRI stares of the Waterford Place/Delint project, repealing
the DRI-DO in its entirety, noting that it will be replaced by an amended SAD, and any
unmet conditions of the DRI-DO shall be incorporated into the SAD Ordinance.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF
THE CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS:
Section 1. That Section 4 of City of Delray Beach Ordinance No. 64-92, as
amended by Ordinance 11-96, be, and the same are hereby amended to read as follows:
That the development of the property described in Section 1 of Ordinance No.
64-92 shall be in accordance with the following conditions:
o
The site data shown on the MDP shall be up-dated and corrected to reflect the
resulting amount of floor area and acreage and parking accommodated in the entire
oroiect
The de~ residential portion shall contain no more than 536 units,
That the number to be used for establishing the vested traffic count for external
trips shall be 10,111 trips.
· :/i'd, in *~e Waterford SAD/DRI. 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 project. Such plans shall address, among other alternatives, the realignment of
Lindell Boulevard into the 300 rental apartments and residence/business hotel component of
Waterford Place. Designs to so de-emphasize traffic use on Lindell Boulevard may be
required through site plan conditions.
.9.
11
The developer recognizes that roadway improvements associated with the traffic
generated from this project are subject to review with each new site plan
consideration. Accordingly, the developer agrees to construct such additional on-
site and off-site traffic improvements as may be required by the City Commission,
pursuant to the City's Land Development Regulations, at the time of site and
development plan approval.
1'1
(c) c:,.._.~ n .... , ..... * n'"" (Cene:'a! Retail)
1/1
The developer acknowledges that the east accessway to retail use is a temporary
condition and that if it later becomes necessary to alter it, the existing
improvements may need to be totally redesigned, removed, and reconstructed
including the necessity to replat the access tract which is now being created.
Further, the improvements shall comply with geometric and construction standards
of the City for a street, but shall not need to comply with full cross-section
requirements i.e. right-of-way, two sidewalks, swale drainage.
The developer shall provide pedestrian ways to the intersection of S.W. 10th
Avenue and Lindell Boulevard, and to Delray Crossings from the retail use. The
requirement of providing pedestrian ways to Delray Crossings is a requirement of
the City, and shall not be considered a sharing of infrastructure, pursuant to
Chapter 380, Florida Statutes.
1'/
DPd.
,ram_ce
......... p~Idng in
8-1-8. The developer shall continue the landscape concept which is found along Circuit
City for the length of the Waterford frontage along 1-95.
That SPRAB consider special, off-site screening to be located within Waterford
Village, or on other portions of the project Oific-e-Pa~, in order to mitigate
inappropriate visual effects of the retail use facility from the apartment complex.
mcdificatic-~. ~e developer shall provide and maintain a buffer zone of native upland
edge vegetation around wetland and deepwater habitats which are co~cted on-site in
accordance wi~ ~e following provision. ~e buffer zone may co~ist of prese~ed or
planted vegetation, but shall include canopy, understo~ and ground cover of native species
offiy. ~e edge habitat shall begin at ~e 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. ~is upland edge habitat shall be located such ~at no less
·an 50 percent of ~e total shoreline is buffered by a minimum wid~ of 10 feet of upland
habitat.
Modifications to the existing SFWMD permit shall be received and reviewed to
insure compatibility with the approved site plan prior to issuance of building
permits. If inconsistencies arise, modifications shall be approved through the site
plan modification process with action by SPRAB when Board action is required.
Conflicts among the site and development plans (site plan, landscape plans,
engineering plans) and changes thereto which may be necessary to accommodate the
proposed gravity sewer system shall be resolved in favor of the landscape plans and
site plan.
The developer shall extend the pedestrian path in the residential area from that area
into, and through, the balance of the project ~ in accordance with the
standards of the City Engineer.
14. The developer shall establish a vegetated and functional littoral zone as part of the,
surface water management system and drainage canals occurring on the property.. Prior tO
construction of the surface water management system for any phase of the project, the,
developer shall prepare a design and management plan for the wetland/littoral zone that will
be developed as part of that system. The plan shall: 1) include .typical cross sections of the
surface water management system showing the average water elevation and the -3 foot
contour (i.e. below average elevation): 2] specify, how vegetation is to be established within
this zone. including the extent, method..type and timing of any planting to be provided'
and 3) provide a description of any management procedures to be followed in order to
assure the continued viability_ and health of the littoral zone. The littoral zone ,.~
established shall consist entirely of native vegetation and shall be maintained permanently
as part of the water management system. As a minimum. 10 square feet of vegetated
littoral zone per linear foot of lake shoreline shall be established as part of the surface water
management system. The plan shall be subject to approval by the Ci_ty of Delray Beach and
South Florida Water Management District prior to beginning any excavation activity.. The,
plan shall be implemented and work inspected no later than 18 months after the lakes are
excavated.
15. The primary, source of irrigation water shall be the surface water management
system of lakes. In no case shall irrigation water be derived from municipal potable water
sources,
16. At least 30 percent of the landscaped areas on-site, excluding rights-of-way.
building courtyard areas and planting boxes which abut buildings shall be comprised of
native vegetation. The location of vegetation areas shall be such that the watering and
fertilization of non-native areas does not inhibit the management of the native vegetati0rl
areas in a healthy state. Fifty. percent of the trees used in landscaping shall be native trees
adapted to soil conditions on-site.
17. The developer shall contribute an $47.41 per vehicular trip. which equates tO
$134.834 ($47.41 X 2.844 trips) to be paid to the Ci_ty of Delray Beach at the time of
issuance of building permits for the 300 unit residential development. The funds shall be
placed into a Roadway Trust Fund by the Ci .ty. 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
Ci.ty for roadway improvements within the impact area,
18. An analysis of the intersection of S.W. 10th Avenue/Lindell Boulevard shall be
submitted annually by the developer, until the project is completed, which shall determine
if a traffic signal at the intersection is warranted. 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. If the signal is not installed based
on these analyses, then prior to issuance of the last Certificate of Occupancy for the
residence/business hotel and the 300 rental apartments, the traffic signal shall be bonded by
the developer. One year after issuance of the last Certificate of Occupancy. an intersection
analysis shall be submitted by the developer. If a traffic signal is warranted, the bond will
be utilized to install the traffic signal. If the traffic signal is not warranted, the bond will
be returned to the developer.
19. An intersection analysis of the intersection of S.W. 10th Avenue/Lindell Boulevard and
capacity_ determination for S.W. 10th Avenue shall be submitted with each site plan for
further development in Waterford Place. 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 S.W. 10th Avenue between Linton Boulevard and Lindell Boulevard
20. Certificate of Occupancy shall be issued for the hotel prior to issuance of a final
certificate of occupancy for the apartment complex.
21. Development of the hotel and 300 unit apartment complex shall be consistent with the
Master Development Plan (MDP), and a full site plan application shall be submitted and
reviewed by the Site Plan Review and Appearance Board which includes addressing the
following Items:
(a) The handicap accessibility shall be provided in compliance with ADA requirements;
(b) The issues with regard to parking (i.e. parking reduction, tandem parking, and backout
parking) shall be addressed with the full site plan submittal for the apartment complex;
(c) Additional pedestrian ways shall be required on each side of the spine road, between the
cul-de-sac (northeast comer), around the lake and to the recreational parcels;
(d) Tot lot locations as well as the type of playground equipment must be provided on the
plans.
Section 2. 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 for all future development.
Section 3. That all ordinances or parts of ordinances herewith be, and the same
are hereby repealed.
Section 4. 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 to be declared invalid.
Section 5. That this ordinance shall become effective upon the effective date of
the resolution authorizing the abandonment of the Waterford/Delint DRI.
S :\adv\wtfd24
PASSED AND ADOPTED in regular session on second and final reading on this
day of January, 1998.~/~<5~~/~ ~