Res 06-98 RESOLUTION NO. 6-98
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF
DELRAY BEACH, FLORIDA, AUTHORIZING THE
ABANDONMENT OF THE WATERFORD PLACE/DELINT
DEVELOPMENT OF REGIONAL IMPACT (DRI); MAKING
FINDINGS OF FACT AND CONCLUSIONS OF LAW APPROVING
THE ABANDONMENT OF THE WATERFORD PLACE/DELINT
DRI, AND CONSTITUTING THIS RESOLUTION AS A
DEVELOPMENT ORDER BY THE CITY OF DELRAY BEACH IN
COMPLIANCE WITH LAW; PROVIDING FOR AN EFFECTIVE
DATE.
WHEREAS, at the meeting of May 28, 1985, the City Commission of the City of Delray
Beach, Florida adopted Resolution No. 49-85, making findings of fact and determination
conclusions of law pertaining to the Delint Center (now known as Waterford Place), a
Development of Regional Impact (DRI), and constituting said Resolution No. 49-85 as a
Development Order (DO) by the City of Delray Beach; and
WHEREAS, Resolution No. 49-85 has been subsequently modified by Ordinance No. 96-
87, adopted December 22, 1987, and by Resolution No. 80-89, adopted October 24, 1989, and
by Resolution No. 132-92, adopted December 16, 1992, and by Resolution No. 10-95, adopted
February 21, 1995, and by Resolution No. 60-95, adopted September 5, 1995, and by Resolution
No. 37-96, adopted May 7, 1996; and
WHEREAS, the developer submitted a request for abandonment of the Development of
Regional Impact for Waterford Place; and
WHEREAS, the Planning and Zoning Board, as Local Planning Agency for the City of
Delray Beach, considered the request at a public hearing held December 15, 1997, and voted to
recommend to the City Commission that the abandonment be approved.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF
DELRAY BEACH, FLORIDA, AS FOLLOWS:
Section 1. That, after consideration of the requirements of Rule 9J-2.0251, F.A.C. and
Chapter 380.06, F.S., the City Commission makes the following findings of fact:
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 Ap.proved DRI Threshold % of Threshold
Residential (units) 536 3,000 17.9
Retail (sf) 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.
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).
3. The types and amounts of development constructed.
a. Infrastructure to serve the entire development, including off-site
improvements, has been completed.
b. Multi-family residential units, and 136,000 square feet of retail have been
constructed. In addition, 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.
2 RES. NO. 6-98
a. 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.
b. 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.
5. 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.
6. The extent to which the developer has complied with conditions of the
development order which authorize existing development.
The development 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
authorize 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.
3 RES. NO. 6-98
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.
~. That based on the findings of fact, the City Commission makes the following
conclusion of law:
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.
Section 3. That Resolution No. 49-85, and subsequent modifications by Resolution No.
80-89, Resolution No. 132-92, Resolution No. 10-95, Resolution No. 60-95, and Resolution No.
37-96, are hereby repealed in their entirety, and the Delint Center/VVaterford Place Development
shall be subject to the conditions contained in the SAD Ordinance for Waterford Place which is
attached hereto as Exhibit "A".
Section 4. That the SAD Ordinance contains conditions which require the developer to
mitigate the impacts of all existing and proposed development, and to satisfy all applicable
conditions of the development order with regard to existing and proposed development.
Section 5. That this resolution shall become effective upon the expiration of the appeals
period established in Chapter 380.07, F.S.
4 RES. NO. 6-98
PASSED AND ADOPTED in regular session on this the ~,~._ d~998.
ATTEST: V ~' ~ Y O R
City Clerk "' // ~
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5 RES. NO. 6-98
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I ~ABANDONMENT OF WATERFORD/DELINT D.R.I
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-- DIGITAL ~SE ~P S~rEM -- M~ REF: LM174
EXHIBIT "A" to Resolution No. 6-98
ORDINANCE 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 DR/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
Page 1 of 8
EXHIBIT "A" to Resolution No. 6-98
WHEREAS, on January 20, 1998, the City Commission adopted Resolution No. 6-98 which
abandoned the DRI status 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 DP, I-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:
~. 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 pro_iect
2. The dens~ residential portion shall contain no more than 536 units, be-no
........ ban .. "";'~ (235 "-"~
That the number to be used for establishing the vested traffic count for external trips
Page 2 of 8 Ord. No. 1-98
EXHIBIT "A" to Resolution No. 6-98
developer shall submit p]a~ ~o de-emphas~e Linde]] Boulevard as a collector road ~j~ any site plan
for ~er development of ~e ~atedord Place 9rojecL Such 9la~ shall address. ~on~ o~er
alte~afiwes. ~e reali~en~ of LindeH Boulevard ~o ~e 3~ rental appends and
residence/business hote~ componem of ~aterford Phce,
L~dell Boulcw~d may be requked ~ou~h she plan
5-t4. 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.
AAA
Page 3 of 8 Ord. No. 1-98
EXHIBIT "A" to Resolution No. 6-98
6 4-5. The developer acknowledges that the east accessway W 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 $.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.
i 24. That SPRAB consider special, off-site screening to be located within Waterford
Village, or on other portions of the ~ Og-le, e--lha~, in order to mitigate inappropriate visual
effects of the retail use facility from the apartment complex.
m:difi::ti~v~. ~e develo~r shall provide and maintain a buffer zone of mtive upland edge
vegetation ~ound wefl~d ~d deepwater habimm which ~e co~cted on-sim ~ accordance wi~ ~e
following provision. ~e buffer zone may consist of prese~ed or planted vegetation, but shall
Page 4 of 8 Ord. No. 1-98
EXHIBIT "A" to Resolution No. 6-98
include canopy, understory and ground cover of native species only. The edge habitat shall begin at
the unland 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.
11 Lu3. Modifications to the existing SFWMD permit slmll 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.
12~4. Conflicts among the site and development plans (site plan, landscape plans,
engineering plans) and clmnges 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 g6. 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.
Page 5 of 8 Ord. No. 1-98
EXHIBIT "A" to Resolution No. 6-98
14. ~e developer shall es~b]ish a vege~ted ~d ~nctioml Ii,oral zone as pa~ of ~e ~fface
water management system ~d dra~ge canals ~cu~g on ~e prope~. ~ior to construction of
mrhce water management system for any phase of ~e pro, eot. ~e develo~r shall prepare a d~ign
~d management plan for ~e wetland/Ii,oral zone ~at will be developed as pa~ of ~at system. ~e
plan shall: 1) ~clude ~ical cross ~ctions of ~e ~fface water management system showing
average w~ter elevation and ~e -3 f~t contour d.c. ~low average elevation): 2) ~peci~ how
~ege~tion is to ~ established wi~in ~is zone. including ~e extent, me~. ~ and ~ming of any
?~ting to ~ provided: ~d 3) provide a description of any mmgement pr~dures to be followed in
order to ~ure ~e cont~ued viabili~ ~d heal~ of ~e li~or~ zone. ~e Ii,oral gone as established
~hall co~ist entirely of retire vegetation ~d shall ~ maintained ~manently as na~ of ~e water
mamgement system. As a mimum. 10 sofiare feet of vegetated li~or~ zone per linear f~t of lake
~oreline sh~l ~ es~blish~ ~ na~ of ~e ~fface water mnagement system. ~e plan ~hall
mbject to approv~ by ~e Ci~ of De~y Beach ~d Sou~ ~orida Water Mamgement Dis~ict prior
to ~ginning ~v excavation activin. ~e plan shall ~ imnlemen~ and work ~pec~d no later
18 monks a~er ~e l~es ~e excavated.
15. ~e pr~ sour~ of ~gation water shall ~ ~e surface water management sy~m
of l~es. In no case shall ~igation water ~ derived ~om mufficinal potable water sources.
Page 6 of 8 Ord. No. 1-98
EXHIBIT "A" to Resolution No. 6-98
16. At least 30 percent of the landsca?.d 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 vegetation 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 lm_uates to $134.834
($47.41 X 2.844 trips) to be paid to the Ci.ty of Delrav 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_. 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 imnrovements within the impact area.
18. The developer shall submit, on an annual basis, an analysis of the intersection of $.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 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 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 further
development in Waterford Place. Based upon such analyses and when so determined by the Ci~. 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;
Page 7 of 8 Ord. No. 1-98
[ITY OF I]ELRflY BEflgH
Writer's Direct Line: (561) 243-7090
DELRAY BEACH
F t 0 R J ~ n
Ali. America City MEMORANDUM
1993
TO: Alison MacGregor Harty, City Clerk
FROM: David N. Tolces, Assistant City Attorne~
SUBJECT: Waterford Place DRI Abandonment Resolution
Attached is a copy of the resolution abandoning the Waterford Place DRI. The SAD
ordinance scheduled for second reading is an exhibit to the resolution. Please call if you
have any questions.
DNT:smk
Attachment
cc: John Walker
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.1. RECOMMENDATION TO THE CITY COMMISSION TO
AMEND THE SAD ORDINANCE FOR WATERFORD PLACE.
The items before the Board are:
1. Determining whether a request to abandon the Development of Regional Impact
(DRI) status of Waterford Place should be granted, granted with conditions, or
denied.
2. Amending the Special Activities Distdct (SAD) zoning, adding any outstanding
conditions from the DRI-DO, in addition to the development conditions already
contained in the SAD.
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 headngs 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 during
the next two years. Several off-site road improvements required by the DRI-DO were
also constructed dudng this time pedod, 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 clarified 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 various 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.
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 Distdct
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 SVV 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.A.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 Report
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, including off-site
improvements, has been completed.
b. 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.
a. 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.
b. 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.
5. 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.
6. 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.
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II I II IIIII IIII I II I I ·
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.
B. 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.
2. Approve a recommendation to amend the SAD, adding any outstanding conditions
from the DRI-DO, in addition to the development conditions already contained in the
SAD, as detailed in the attachment.
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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 1 of Ordinance No.
79-84 shall also 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 proiect m. cd~cct~cn.
2. The '~""";*" *~'"
....... ~ cn .... residential portion shall contain no more than 536
units ~"- nc .... +"- +~'"" ~ "'"':* .... ccrc f')'~ '"';+"x
3 6. That the number to be used for establishing the vested traffic count for
external trips shall be 10,111 trips -tN,,,-
mo.-.-+..`4 cn +N..
4 ~ ~^/;,N ,~,,,4-N,-,,-,4 .... I ..... i. ,..~ +N,-, ('~,~,,-,,-, D.-,,-I, ,-,,.,.4;..,,., Of +h,-,, ~AI'~II~DI tho
· .N..,, N .... ,.,.,.,~ An ""*""" *" N ..... ;`4"'"`4 ;" "T,"ing ,..;""4'"1'.. ;"*'"' ~ S W ! rwk
^ ........ v,,..,,.; ..... ;,NJ,. *N., ~.,,,.~¢,...`4 e^n~nm 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 altematives, the realiqnment 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.
5 4-2-. 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.
6__ 4-6. 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.
7 4-6. 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.
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.
92-1-. That SPRAB consider special, off-site screening to be located within
Waterford Village, or on other portions of the proiect OAr~':~oa~, in order
to mitigate inappropriate visual effects of the retail use facility from the
apartment complex.
buffer zone of native upland edge veqetation around wetland and deepwater
habitats which are constructed on-site in accordance with the followin.cl provision.
The buffer zone may consist of preserved or planted vegetation but shall include
canopy, understory and ground 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 edqe 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.
.,11 2-3. Modifications to the existing SFWMD permit shall be received and
reviewed to insure compatibility with the approved site plan pdor 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.
12 2-4.. 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.
1_~3 2-6. The developer shall extend the pedestrian path in the residential area
from that area into, and through, the balance of the proiect "~' .... ~' 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 manaqement system and drainage canals occurring on the
DroDertv. Pdor to construction of the surface water management system for any
phase of the proiect, 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 ades. cdption of any manaqement procedures to be
followed 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 maintain, ed permanently as part of the water management system. As a
minimum, 10 square feet of veqetated littoral zone per linear foot of lake
s. horeline 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
Flodda Water Manaqement Distdct 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 buildinqs 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, vegetation 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 tdp, which equates
to $134,834 ($47.41 X 2,844 tdps) to be paid to the City of Delray Beach at the
time of issuance of buildinq permits for the 300 unit residential development..
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.
18. An analysis of the intersection of S.W. lOth Avenue/Lindell Boulevard shall
be submitted annually by the developer, until .the proiect is completed, which
.shall determine if a traffic signal at the intersection is warranted. If and when the
intersection analyses show that a traffic siqnal 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 pdor to issuance of a
final certificate of occupancy for the apartment complex.
2..1.. 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.
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