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Res 37-96 RESOLUTIC~ NO. 37-96 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AMENDING RESOLUTION NO. 49-85, AS AMENDED AND SUPPLEMENTED, WHICH CONSTITUTES A DEVELOPMENT ORDER BY THE CITY OF DELRAY BEACH, BY MODIFYING THE APPROVED USES, CONDITIONS OF APPROVAL, AND THE APPLICABLE SAD ORDINANCE AND APPROVED MASTER PLAN FOR THE ~%TERFORD PLACE DEVELOPMENT OF REGIONAL IMPACT; PROVIDING AN EFFECTIVE DATE. WHEREAS, at the meeting of May 28, 1985, the City Commission adopted Resolution No. 49-85, making findings of fact and determining 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 in compliance with law; 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 Feb~,a~y 21, 1995, and by Resolution No. 60-95, adopted September 5, 1995; and WHEREAS, the current owners of the property have sought a modification to the development to replace the proposed office/research and development use with the addition of 300 multi-family rental units and a 78 room residence/business hotel; and WHEREAS, on Jan,~a~y 22, 1996, the Planning and Zoning Board for the City of Delray Beach, as Local Planning Agency, considered this matter at public hearing and voted 5 to ! to recommend that the modification be approved, based upon positive findings; and WHEREAS, the City Commission, on Feb~,a~y 6, 1996, determined that such proposed modification would not constitute a substantial deviation. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AS FOLI/DWS: Section 1. That the second "WHEREAS" clause of Resolution No. 49-85, as amended by Resolution No. 132-92, is hereby modified to read as follows: WHEREAS, said Applicant proposes to construct ~i~1~t¢11~¢~1~11~¢¢1~¢~i ~36,ooo ~uare feet of general retail use, ~q~//~)~ 536 multi-family residential dwelling units with associated recreational amenities, and a 78 room residence~usiness hotel with ancillary recreational amenities on 86.5 acres, constituting a Develolanent of Regional Impact on the real property fully described in Exhibit "A" attached hereto and located in the City of Delray Beach, Florida; and, Section 2. That the heading CONCLUSI(~S OF LAW, subheading Application for Development ADDroval, Condition #1 of Resolution No. 49-85, as amended by Resolution No. 132-92, is hereby amended to read as follows: Application for Development Approval 1. The Delint Center Application for Development Approval is incorporated herein by reference and relied upon by the parties in discharging their statutory duties under Chapter 380, Florida Statutes. Substantial compliance with the representations contained in the Application for Develolm~ent Approval is a condition for approval unless waived or modified by agreement among the parties, as defined in Subsection 380.07(2), Florida Statutes. For purposes of this condition, the Application for Develolm~ent Approval (ADA) shall include the following items: ADA, submitted December 17, 1984, and supplemental information sut~tted February 4, 1985, October 8, 1987, and the Conceptual Master Development Plan as approved by the City Commission on ~¢~/~]//~ March 5, 1996. To the extent that plans suhnitted along with the application for and approval of Special Activities District (SAD) rezoning differ from those sut~tted for Develo~m~ent of Regional Impact approval, the latter plans will control. Section 3. That the heading CONCLUSIONS OF LAW, subheading Transportation, Condition #20 of Resolution No. 49-85, is hereby amended to read as follows: Transportation 20. The developer shall contribute an additional ~/¢¢~/1~//~q~¢ ~k~/~//~/~¢¢//~/~/~!~//~~ $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 Certificates of Occupancy. The funds shall be placed into a Roadway Trust Fund by the City, and transmitted to Palm Beach County upon establishment by the County of a special purpose impact fee for the creation of additional interchange capacity for Interstate 95 within the project's area of impact. Should Palm Beach County decide not to establish such an impact fee, the funds shall be used by the City for roadway improvements within the impact area. - 2 - Res. No. 37-96 Section 4. That the heading CONCLUSIC~S OF LAW, subheading Local Issues, Condition #2! of Resolution No. 49-85, as amended by Resolution No. 132-92, is hereby amended to read as follows: Local Issues 21 (A). The conditions of approval for the rezoning of the land to SAD (Special Activities District), as contained in Ordinance No. 79-84, as amer~ by Ordinance No. 64-92 and Ordinance No. ! 1-96, are hereby incorporated into this Develota~ent Order by reference, except for the site and develolanent plans referenced in Section 3 of Ordinance No. ~ 11-96. 21(B). The conceptual Master Develola~ent Plan approved by the City Commission on ~¢~4~/~/~ March 5, 1996, is adopted and incorporated herein as substitute for the Development Plans suhnitted with the ADA. Nothing herein shall be construed to relieve the developer from obtaining City of Delray Beach approval for future proposed changes to the site and develo~ent plans incorporated by Section 3 of Ordinance No. ~ 11-96. Section 5. That the heading CONCLUSIONS OF LAW, subheading Local Issues, Condition #22 of Resolution No. 49-85, as amended by Resolution No. 10-95, is hereby amended to read as follows: Local Issues 22(A). Prior to issuance of Certificates of Occupancy for the General Ret~l use, the south approach of S.W. 10th Avenue at Linton Boulevard shall be improved to the ultimate section as approved by Palm Beach County and the City of Delray Beach. 22(B). Within three months of the date of issuance of Certificates of Occupsncy for the General Retail use, an analysis of the intersection of S.W. 10th Avenue/Lindell Boulevard shall be suhnitted which shall determine if a traffic signal at the intersection is warranted. If w~rranted, the signal shall be installed by the developer within three months of a directive by the City of Delray Beach. If not warranted, the requirement for an intersection analysis shall become a requirement of the annual report by the developer. If and when the intersection analyses show that a traffic signal is warranted, the signal shall be installed by the developer within three months of a directive by the City of Delray Beach. Prior 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 suknitted by the developer. If a traffic signal is warranted, the bond will be utilized to install the traffic signal. If a traffic signal is not warranted, the bond will be returned to the developer. - 3 - Res. No. 37-96 22(C). An intersection analysis of the intersection of S.W. 10th Avenue/ Lin~ell Boulevard and capacity determination for S.W. 10th Avenue shall be sulm~tted with each site plan for further develolmnent in the Waterford Place DRI. Based upon such analyses and when so determined by the City, the developer shall improve the intersection and shall complete the four-lane section of S.W. 10th Avenue between Linton Boulevard and Lindell 22 (D). The developer shall submit plans to de-emphasize Lindell Boulevard as a collector road with any site plan for further development of the Waterford Place DRI. Such plans shall address, among other alternatives, the realignment of Lindell Boulevard into the 300 rental apartments and residence/business hotel component of the Waterford Place DRI.W~¢;~/p~¢¢/~$¢¢/~X/ Designs to so de-emphasize traffic use on Lind~ll Boulevard may be required through site plan conditions. Section 6. That Resolution No. 49-85, Ordinance No. 96-87, Resolution No. 80-89, Resolution No. 132-92, Resolution No. 10-95, and Resolution No. 60-95 remain in effect except as modified herein. Section 7. That this resolution shall become effective immediately upon passage. PASSED AND ADOPTED in regular session on this the 7th day of May, 1996. C~ty Cler~ ' ' - 4 - Res. No. 37-96 22B. Within three month?, of the date of issuance of Certificates of Occupancy for the General Retail u?,e, an analy?,is of the intersection of S.W. 10th Avenue/Lindell Boulevard ?,hall be submitted which shall determine if a traffic signal at the intersection is warranted. If warranted. the signal shall be installed by the developer within three months of a directive by the City_ of Delray Beach. If not warranted, the reo. uirement for an intersection analysis shall become a reauirement of the anr~ual report by the developer. If and when the intersection analyses show that a traffic signal is warranted, the signal shall be installed by the developer within three months of a directive by the City of Delrav Beach. [Res,. #10.- 22C. An intersectIon analvms of the intersection of S.W. 10th~ Avenue/Lindell Boulevard a~d caDaci~ determination for S.w. 10th Avenue shall be submiEed with each sit~ Dian for fu~her development in the Wate~ord Pla~ DRI. Based upon such analvses and when so determined by the Ci~. the developer shall improve ~he intersection and shall complete the four-lane Section .of S,W. lOth Avenue be~een,Lmton Boulevard and Lindell Boulevard. [Res. ~10-95] 22D. The develoDer shall submit plans, to de-emphasize Lindell Boul,vard as a collector road with any site plan for fu~her development of the Waterford ~lacO ~RI, Such ~lans shoII addr~,$, amon~ olh~r alternatives, the realignment of Lindell Boulevard into the Wate~o~d Place Q~ce Park. Desions to so de-emohasize tra~c use on Lindell Boulevard may be required through site plan conditions. [Res. ~10-95] 23. The developer shall not receive Ce~ificates of Occupancy for more than 110-residential units until a 5-foot sidewalk is constructed on the south side of Lindell Boulevard from Southwest 10th Avenue to the east prope~ line. 24. The developer shall not receive a Certificate of Occupancy for any residential units until the Contracts have been let for the following improvements to the intersection of Lindell Boulevard and Egret Circle: A. Construction of a combination left-turn/through lane on the south approach (i.e. driveway); COMPLETE B. Construction of a right-turn lane on the south approach; COMPLETE - 10 o Res. No. 49-85 P & Z Board Staff Report Modification to the SAD (Special Activities Distdct) Ordinance and Development Order for the Water~ord/Delint DRI Page 17 the signal shall be installed by the developer within three months of a directive by the City of Delray Beach. If not warranted, the requirement for an intersection analysis shall become a requirement of the annual report by the developer. If and when the intersection analyses show that a traffic signal is warranted, the signal shall be installed by the developer within three months of a directive by the City of Delray Beach. [Res. #10-95] The applicant submitted an analysis of this intersection with the last annual report, with the conclusion that a traffic signal is not warranted at this time. Buildout of this development will further impact this intersection. The 2,406 additional daily trips have not been previously reviewed, therefore an additional analysis should be undertaken to account for this impact and submitted with the site plan. It is recommended that this condition be modified to require that the additional analysis to be submitted with the site plan, and that the traffic signal be bonded prior to~ issuance of~rtificate of Occupancy of t~~rtment un_it_s_. If after one year o ~ssuance of the ast Certificate of Occupancy the signal is not warranted, then the bond would be released. Condition #22C: An intersection analysis of the intersection of SW 10th Avenue/Lindell Boulevard and capacity determination for SW 10th Avenue shall be submitted with each site plan for further development in the Waterford Place DRI. Based upon such analyses and when so determined by the City, the developer shall improve the intersection and shall complete the four-lane section of SW 10th Avenue between Linton Boulevard and Lindell Boulevard. [Res. #10-95] The applicant has submitted a traffic report which analyzes the intersection and indicates the intersection operates at an acceptable level. The study also identifies current daily peak season traffic volumes on S.W. 10th Avenue of 11,800 trips and average daily traffic of 10,620 trips per day. With development of the hotel and apartments plus natural growth (1% per year) the total of 13,233 average daily and 14,703 peak season trips will be present on the roadway at buildout in 1997. The capacity for a two lane road is 13,400 vehicles per day. As this roadway will be operating at a level of service E during peak season at buildout of this project, and the four-laning of the roadway is a condition of this DRI the improvement should be installed with this SAD modification. Further, given the current background rate the average daily traffic (not peak season) will exceed the level of service D by 1999. Given the above, it is recommended that Condition #22C be modified to require the four-laning of S.W. 10th Avenue with issuance of building permits for the development of the apartments and hotel. P & Z Board Staff Report Modification to the SAD (Special Activities District) Ordinance and Development Order for the Waterford/Delint DRI Page 16 (including appropriate striping), bonded or eliminated. The City's traffic consultant is reviewing each of the improvements and a recommendation on each will be provided to the City Commission. Condition #20 Transportation special impact fee: The developer shall contribute an additional fifty cents per square foot for all offi~:e and industrial buildings to be paid to the City of Delray Beach at the time of issuance of Certificates of Occupancy. The funds shall be placed into a Roadway Trust Fund by the City, and transmitted to Palm Beach County upon establishment by the County of a special purpose impact fee for the creation of additional interchange capacity for Interstate 95 within the project's area of impact. Should Palm Beach County decide not to establish such an impact fee, the funds shall be used by the City for roadway improvements within the impact area. The County has not created such an impact fee. Since the equivalent of 322,413 sq.ft, of office space is being converted to residential and hotel space, the corresponding fee ($.50 /sq.ft.) should be assessed to this modification. This process was followed with the previous change from office to retail for Builders Square and a payment of $212,000 made to offset the costs of constructing S.W. 10th Avenue north of Lindell Boulevard. The current proposal equates to $161',206 or $94.83 per daily office trip (322,413/3,400 trips). As the modification proposal represents a reduction of 556 trips it appears reasonable to reduce the fee accordingly as the impacts are reduced. The corresponding fee reduction would be $52,725 (556 x $94.83). Thus, the amount of $108,481 is to be paid to Issuesthe City, to be used for,~future roadwayimprovements.~-f/ . , Local Condition #21A Approving Ordinances: This condition references the SAD ordinance which is in effect for the project. A modification referencing the new SAD ordinance will be required. Condition #2lB Approving Ordinances and Master Plans: This condition references the approval date of the Master Development Plan and the related SAD ordinance. A modification referencing the new Master Development Plan and SAD ordinance will be required. Condition #22B: Within three months of the date of issuance of cert~fi'cates of Occupancy for the General Retail use, an analysis of the intersection of SW 10th AvenuelLindell Boulevard shall be submitted which shall determine if a traffic signal at the intersection is warranted. If warranted, RESOLUTION NO. 37-96 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AMENDING RESOLUTION NO. 49-85, AS AMENDED AND SUPPLEMENTED, WHICH CONSTITUTES A DEVELOPMENT ORDER BY THE CITY OF DELRAY BEACH, BY MODIFYING THE APPROVED USES, CONDITIONS OF APPP4DVAL, AND THE APPLICABLE SAD ORDINANCE AND APPROVED MASTER PLAN FOR THE ~ATERFORD PLACE DEVELOPMENT OF REGIONAL IMPACT; PROVIDING AN EFFECTIVE DATE. WHEREAS, at the meeting of May 28, 1985, the City Commission adopted Resolution No. 49-85, making findings of fact and determining 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 in compliance with law; and WHEREAS, Resolution No. 49-85 has been subsequently modified by Ordinance No. 96-87, adopted December 22, 1987, and by R~solution No. 80-89, adopted October 24, 1989, and by Resolution No. 132-92, adopted December 16, 1992, and by Resolution No. 10-95, adopted Fet~3a~y 21, 1995, and by Resolution No. 60-95, adopted September 5, 1995; and WHEREAS, the current owners of the property have sought a modification to the development to replace the proposed office/research and development use with the addition of 300 multi-family rental units and a 78 room residence/business hotel; and WHEREAS, on January 22, 1996, the Planning and Zoning Board for the City of Delray Beach, as Local Planning Agency, considered this matter at public hearing and voted 5 to I to recommend that the modification be approved, based upon positive findings; and WHEREAS, the City Commission, on February 6, 1996, determined that such proposed modification would not constitute a substantial deviation. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF TF~ CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS: Section 1. That the second "WHEREAS" clause of Resolution No. 49-85, as amended by Resolution No. 132-92, is hereby modified to read as follows: WHEREAS, said Applicant proposes to construct ~~/~¢//~¢¢~/~//~¢/~1~¢¢~ 136,000 square feet of general retail use, ~//~ 536 multi-family residential dwelling units with associated recreational amenities, and a 78 room residence/business hotel with ancillary recreational amenities on 86.5 acres, constituting a Develot~nent of Regional Impact on the real property fully described in Exhibit "A" attached hereto and located in the City of Delray Beach, Florida; and, ~Section 2. That the heading CONCLUSIONS OF LAW, subheading Al~Dlic~t~o~ ~ ~e~lotx~ent Approval, Condition #1 of Resolution No. 49-85, as amended by Resolution No. 132-92, is hereby amended to read as follows: Application for Develot~nent Approval 1. The Delint Center Application for Develot]nent Approval is incorporated herein by reference and relied upon by the parties in discharging their statutory duties under Chapter 380, Florida Statutes. Substantial compliance with the representations contained in the Application for Develolmment Approval is a condition for approval unless waived or modified by agreement among the parties, as defined in Subsection 380.07(2), Florida Statutes. For purposes of this condition, the Application for DeveloI~nent Approval (ADA) shall include the following items: ADA, sutm%itted December 17, 1984, and supplemental information sut~nitted February 4, 1985, October 8, 1987, and the Conceptual Master Development Plan as approved by the City Commission on ~¢~4~/~//~ March 5, 1996. To the extent that plans sut~nitted along with the application for and approval of Special Activities District (SAD) rezoning differ from those sutmtitted for Development of Regional Impact approval, the latter plans will control. ~ Section 3. That the heading CONCLUSIONS OF LAW, subheading Trans~rta~ ~o~lition #20 of Resolution No. 49-85, is hereby amended to read as follows: Transportation 20. The developer shall contribute an additional ~1~/¢¢~/~J~//~¢ ~J~/~//~/~¢¢//~/~4~4~//~f~ $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 Certificates of Occupancy. The fu~s 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. - 2 - Res. No. 37-96 Section 4. That the heading CONCLUSIONS OF LAW, subheading Local Issues, Condition ~21 of Resolution No. 49-85, as amended by Resolution No. 132-92, is hereby amended to read as follows: Local Issues 21 (A). The conditions of approval for the rezoning of the land to SAD (Special Activities District), as contained in Ordinance No. 79-84, as amended by Ordinance No. 64-92 and Ordinance No. 11-96, are hereby incorporated into this Develotanent Order by reference, except for the site and develolm~ent plans referenced in Section 3 of Ordinance No. ~9~ 11-96. 21 (B). The conceptual Master Development Plan approved by the City Commission on ~¢¢~/~/~ March 5, 1996, is adopted and incorporated herein as substitute for the Development Plans sutm~tted with the ADA. Nothing herein shall be construed to relieve the developer from obtaining City of Delray Beach approval for future proposed changes to the site and develol~nent plans incorporated by Section 3 of Ordinance No. ~ 11-96. Section 5. That Resolution No. 49-85, Ordinance No. 96-87, Resolution No. 80-89, Resolution NO. 132-92, Resolution No. 10-95, and Resolution No. 60-95 remain in effect except as modified herein. Section 6. That this resolution shall become effective immediately upon passage. PASSED AND ADOPTED in regular session on this the 7th day of May, 1996. MAYOR A~TEST: City Clerk J - 3 - Res. No. 37-96 MEMORANDUM TO: MAYOR AND CITY COMMISSIONERS FBf~: CITY MANAGER ~i'~Cl SUBJECT: AGENDA ITEM # /O./~ - MEETING OF MAY 7, 1996 SECOND READING/PUBLIC HEARING FOR ORDINANCE NO. 10-96 (FUTURE LAND USE MAP AMENDMENT FOR A PORTION OF ~ATERFORD PLACE/DELINT DRI); AND DATE: MAY 3, 1996 ~U~Fp9 ~' p~/ This is second reading and the second public hearing for Ordinance No. 10-96 changing the Future Land Use Map (FLUM) Oesignation for a 35.77 acre portion of the Waterford Place Develol~nent of Regional Impact (DRI). The current designation is Cc~merce. The proposed designations are Medium Density Residential {5-12 dwelling units/acre) for a 31.77 acre portion of the site, and Transitional for the remaining four acres. On February 6, 1996, Commission passed the ordinance on first reading and authorized transmittal to the Department of Community Affairs. DCA reviewed the FLUM amendment and had no comments. The Future T~nd Use Map change w~s accompanied by a Master Development Plan modification, SAD zoning modification, and a DRI Develot~ent Order modification to allow the replacement of the 322,413 sq.ft, office use component with a 300 unit rental apartment project and a 78 unit residence/business hotel. The revised master Oevelo~ent plan and SAD zoning aspects were approved by Commission with the aOoption of Ordinance No. 11-96 on March 5, 1996. However, the approval does not become effective until Ordinance No. 10-96 is adopted and becomes effective. In addition, Resolution No. 37-96 is before the Commission for ¢onsiOeration. It modifies the DRI Develoi~nent Order to reflect the changes brought about by the revised Oevelo~ment proposal. The Planning and Zoning Board consiOered this item at public hearing on Jan,~y 22, 1996. After discussion, the Board voted 5 to I (Schwartz dissenting; Scb_miOt absent) to recommend approval of the FLUM amendment. Concerns had been expressed over certain school issues. The Planning and Zoning Board reviewed these issues before making its recommendation. ~(tional correspondence from the $¢hool Board and the applicant is included with the backup material. Recommend approval of Ordinance No. 10-96 on second and final reading, and approval of Resolution No. 37-96 modifying the DRI-DO, based on the findings and reco~nendation of the Planning and Zoning Board. ref: agmemol 0 /69. /~. /o. I TO: I~VID T. Hfa~RDEN, CITY MANAGER THRU: DIANE DOMINGUEZ, D~:{E(J[;TOR DEPARTMENT OF PLANNING AND ZONING FROM: PAUL DORLING, P~CIPAL PLANNER SUBJECT: MEETING OF MAY 7, 1996 SECOND READING OF A FUTURE LAND USE MAP AMENDMENT FROM COMMERCE TO A COMBINATION OF MEDIUM DENSITY ($-12 UNITS PER ACRE) AND TRANSITIONAL FOR A 35 ACRE PORTION OF THE WATERFORD DRI, LOCATED SOUTH OF LINTON I~LVD. EAST OF 1-95, AND CONSIDERATION OF ASSOCIATED CHANGES TO THE DEVELOPMENT OF REGIONAL IMPACT - DEVELOPMENT ORDER (DRI-DO). The action requested of the City Commission is a.D.DrQval on second reading of Ordinance 10-96, a Future Land Use Map Amendment for a portion of Waterford Place/Delint DRI along with approval of Resolution # 37-96 which modifies the associated Development Order. The subject property is located south of Linton Boulevard and east of 1-95. The applicant is requesting a Future Land Use Map amendment for the vacant 35 acre portion of the Waterford/Delint DRI from Commerce to a combination of Transitional (4 acres) and Medium Density Residential (31.77 acres). The Future Land Use Map change is accompanied by a Master Development Plan modification, SAD zoning modification and a DRI/DO (Development of Regional Impact Development Order) all of which replace the approved 322,413 sq.ft, of office use with a 300 unit upscale rental apartment project and a 78 unit residence/business hotel. The SAD ordinance and associated Master Development Plan were approved by City Commission on March 5, 1996 with an effective date tied to the approval of the FLUM amendment and the DRI/DO modification. The proposed changes to the DRI/DO (Resolution # 37-96) relate to modifying the list of approved uses and dates of the applicable SAD ordinance and approved master plan. In summary the proposed DRI/DO changes are; · Deletion of 322,413 sq.ft, of office space. · Addition of 300 upscale rental units with associated recreation units. · Addition of a 78 room business/residential hotel. · Change to Condition # 1 which will modify the date to reflect the most current Master Development Plan approval (March 5, 1996). · Change to Condition # 21 which will add the current SAD ordinance (Ordinance 11-96). · Change to Condition # 21B which will add the date and ordinance for the recently approved Master Development Plan (March 5, 1996, Ordinance 11-96). Several other DRI/DO conditions are affected by the development proposal and are discussed below. Some of these conditions are no longer applicable (Condition #15) or have been adequately addressed (Conditions #19, #22C), however, the Department of Community Affairs has requested they remain in the Development Order. These include: Condition # 15 pertaining to energy efficiency. This condition requires energy efficient construction in all office buildings in the DRI. As the office component is being eliminated this condition is no longer applicable. Condition # 19 B reauires turn lane improvements on Linton Blvd. / SW 10th Avenue. These improvements have been completed. It is noted that in some cases the pavement has been installed yet the turn lanes are striped out (restricted) pending the need for the improvement. Condition # 20 assesses a S.Decial Trans.Dortation Impact Fee. On March 5, 1996 during review of the SAD Ordinance the City Commission raised concerns with respect to this condition. The condition requires a contribution of 50 cents per sq.ft, for all office and industrial buildings to be paid to the City of Delray Beach for future roadway improvements. The modification from office to residential uses would result in a potential revenue loss of $161,206 or $47.41 per daily office trip ($161,206 / 3,400 trips). Payment of this fee was recommended as a condition of approval. As the DRI modification proposal represents a reduction of 556 trips the proposed impact fee was reduced accordingly to $134,834. The Commission was reluctant to impose the special Transportation Impact Fee as no specific roadway improvements were designated. It is noted that other conditions of the Development Order required 4 laning of SW 10th Avenue and intersection improvements (DO condition #22C) and signalization of SW 10th Avenue and Lindell Boulevard (DO condition #22B). Subsequent to March 5, 1996 the Planning staff met with the applicant and discussed the DO conditions and the status of each. The applicant has agreed to pay the impact fee, notwithstanding the fact that there are no longer office or industrial buildings, and that those impact fees could be used by the City in the future for any improvements the City desires (i.e. five laning of SW 10th Avenue, traffic signal at Lindell Blvd. and SW 10th Avenue, etc.). This special impact fee is to be paid prior to the issuance of building permits. The City Engineer has estimated the five laning of SW 10th Avenue would cost approximately $84,000, while the signalization of the intersection of Lindell and SW 10th Avenue would be approximately $40,000. The Transportation Impact Fee money could be utilized for these improvements if warranted, or other traffic calming methods (i.e. intersection landscaping, speed bumps etc.) which would help to de-emphasize Lindell Boulevard as a collector road. Condition # 22C calls for the four laning of SW 10th Avenue when traffic volumes dictate the need, Based on the Kimley Horn capacity determination submitted for SW 10th Avenue the traffic volumes at buildout (Nov. 1997) will not warrant the 4 laning of SW. 10th Avenue. If actual volumes turn out to be higher and future widening is appropriate, it would be funded with the Transportation Impact Fee collected under Condition # 20. Condition # 22D requires submittal of plans to de-emphasize Lindell Boulevard as a collector road. The applicant"s traffic engineer has submitted written comments with respect to possible solutions. The plans including a scenario to realign Lindell Boulevard into Waterford Place have been submitted. These scenarios will be explored with review of the full site plan submittal. Palm Beach County School Board: The Palm Beach County School Board has opposed the FLUM amendment as it will generate additional school children in this part of the County. A proposal to set side 5 acres to accommodate an Early Learning Center was discussed at first reading. The attorney for the applicant has met with representatives from the School Board. The Early Learning Center program at this time has not been fully developed, nor is funding available to establish the centers. The applicant has agreed to continue working with the School Board to establish a suitable location if and when the program is in place. There is a possibility that a center could be established in the commercial shopping area adjacent to Waterford (see attached letter). DCA Review: The Department of Community Affairs reviewed the FLUM amendment request and had no comments. The Planning and Zoning Board considered this item at its meeting of January 22, 1995. Several members of the public spoke regarding traffic congestion on Linton Boulevard. After lengthy discussion comparing the advantages and disadvantages of the request, the consensus of the Board was to support the proposed changes for the following reasons: · The amount of office space would not be marketable in the foreseeable future; · The hotel use will be an asset to the City; · The City needs more high end residential units, and the project will attract a younger, middle to upper income tenant; · In terms of land use, residential is more appropriate in the area than an office park; and, · Traffic will be reduced. The Board voted 5 to 1 (Bill Schwartz opposing, David Schmidt absent) to recommend approval of the FLUM amendment. Bill Schwartz opposed the change as he felt the office use is more critical to the City than the rental development. ~~MENBEB ~TiQN By motion, approve on second and final reading Ordinance 10-96, a Future Land Use Map Amendment from Commerce to a combination of Transitional (4 acres) and Medium Density Residential (31.77 acres) and approve Resolution # 37-96 which modifies the associated DRI/DO Attachments: Letter from Alan Ciklin (School Board) Letter from the School Board LAW OFFICE:S BOOSE CAS'EY CIKLIN LUBI'i-Z IV~ARTENS MCBANE: ~. O~CONNELL A PARTNE:RSHIP INCLUDINO PROF'ESSlONAL A,5~OCIAI'iONS JOSE:PH L. ACKE:RHAN, JR. BRIAN B. JOSLYN, tm.A. PHILLItm D. OICoNNE:LL, SR. (1907-1987) BRUCE: O. ALEXANDE:R, tm.A, ORE:CORY S. KINO dE:RALD S. BE:E:R, P.A. CHARL~.B A. LUBIT'Z. P,A. OF COUNSE:L WILLIAM R. BOO~E:, Ill, tm.A. E:~IN C. LUNSFORD JUL~.. ANN ALLI.~I~,N dOHN D. BOYKIN P.A. RICHARD L. HA~r'ENS~ P.A. JOHN L. RE:HSE:N PATRICK J. CA~"Y, tm.A. LOUIS R. MC~I~NE:, P.A. PATRICIA M. CHRISTIANSE:N TIMOTHY tm. MCCARTHY, tm.A. NOI~I"HBRIDOI= TOWE:R 1 ° I~TH FLOOR ALAN `j. CIKLIN, tm.A. BRIAN M. OICONNE:LL, tm.A. 515 NORTH F'i_AIJLE:R DRIVI~' MICHAE:L W. CONNORB tmHIL O. O~CONNE:LL, ,JR., tm.A. W~"I' tmALM BE:ACH, FLORIDA 33401 ROBE:RT L. CI¢~A,Nl=, P.A. d. KORY PARKHUI:~"~T TE:LE:tmI-~)NE: (407) 832-5900 RONALD E. CRE:~CENZO CHARLI~ L. tmlOKE:"l'r, dR. TE:LE:COtmlI"'R (407) 820-0381 ~ .5. DOBIN TIMOTHY ,J. ROOKS ,JASON S. HA~E:LKORN JOHN R. YOUNO, P.A. MAILINO ADOR~ W. JAY HUN~r'ON, JR., P.A. LONNIE: B. ZANGRILLO tm.O. BOX ~ DE:BRA A. JE:NKS, P.A. WI~.~T tmALM BE:ACH, FL33402-4~2~ April 30, 1996 VIA FAX: 407/243-7221 & Regular Mail Paul Dorling, Principal Planner City of Delray Beach 100 N.W. 1st Avenue Delray Beach, Florida 33444 Re: Waterford/School Issue Dear Paul: I met with August Hemandez and Jan Hansen of the Planning & Real Estate Division of the Palm Beach County School Board today. We discussed the concept of the Pre K-K facility; otherwise known as An Early Learning Center on the Waterford site. I was informed by August and Jan that neither The School Board nor the Superintendent has been formally approached with a plan for these Early Learning Centers. Apparently there is such a plan in existence in Dade County which the Palm Beach County School Board personnel are learning more about. It was also indicated there is no funding mechanism at the present time to acquire or develop property for this purpose. Because of the infancy of the program, the conclusion reached at the meeting with Mr. Hernandez and Mr. Hansen was that the Waterford developer would continue to discuss with The School Board the possibility of accommodating An Early Learning Center within the clubhouse in the proposed apartment complex, based on financial feasibility and demographics. Additionally, the Waterford developer would look at the possibility of accommodating such An Early Learning Center in the commercial property they own adjacent to Waterford, but not a part of Waterford. The bottom line is that we agreed to keep the lines of communication open to explore mutually beneficial alternatives after this program is more fully developed. ' .t '?, !'.'. :.....::.:..... P~ul Dorling April 30, 1996 Page 2 If you have any questions, please call me. AJC/ag 026-3156 cc: Thomas T. McMurrain (305/296-0135) THE SCHOOL DISTRICT~ OF PALM BEACH COUNTY, FLORIDA PLANNING & REAL ESTATE 3320 FOREST HILL BOULEVARD, SUITE C-331 (407) 434-8020 FAX (407} 434-8187 February 22, 1996 Diane Dominquez Planning Director 100 N.W. 1st Avenue Delray Beach, FL 33444 Re: Waterford DRI - Delray Beach/Land Use Map Agreement Dear Ms. Dominquez: The Palm Beach County School District objects to the land use amendment for the above referenced Waterford DRI. The original Waterford DRI was for the construction of 811,763 square feet of office park, 250 room hotel and 236 multi-family residential units. The School District had included the potential public school age students generated from the 1984 approval in our school population facility needs. The most recent review of the public schools serving the Greater Delray Beach Area shows the following capacity and membership counts: (East) Adandc High School 1,709 2,230 (Eas0 Plumosa Elementary 476 493 Carver Middle School 1,300 1,272 Banyan Creek Elementary 779 1,096 (Eas0 S.D. Spady Elementary 587 578 (Eas0 Pine Grove Elementary 568 721 (I) Orchard View Elementary 936 676 Review of existing schools in the area shows that the student membership exceeds the school capacity at most schools, and on ali schools on the east side of 1-95. The School District has not been able to keep up with the students generated from new growth. The provision of new schools is difficulty and it is more difficult to locate and acquire school sites located along the coast (areas east of 1-95). H:\data\wp5 l\doc\misc.pol An Equal Education Opportunity Provider and Affirmative Action Employer C' Diane Dominquez February 22, 1996 Waterford DRI Page Two The proposed amendment will have unanticipated public school student impact on the enrollment of public schools servicing this area. The School Board has gone on record objecting to Future Land Use Map Amendments that increase the residential density of areas. A copy of the School Board Resolution is enclosed The unanticipated student impacts, which might result from the approvals of such amendments, farther compounds the overcrowding at school centers. The School District would recommend that the petitioner work with the District as a means of addressing the potential negative educational impacts. One idea suggested would include the provision of a small site to accommodate a K-3 elementary school. Smaller school sites located along the coastal area, with a division of the traditional grade stmctnres could help alleviate school overcrowding. Respectfully, ~AAH:bf ~.__ Attachment c: Lawrence G. Zabik Michael J. Murgio/?&R~ File Jan Hansen David Kovacs Harry Fix H:\data\wp5 l\doc\misc.pol Notes re: Waterford Place/Delint DRI modification Reference F.S. 380.06 (1994 Supplement) Applicant has submitted a proposal to modify the approved DRI by replacing the 322,413 sq.ft, office/research and develogment component with a 300-unit apartment complex and a 78-unit residence/business hotel. The following actions are necessary and should occur in the sequence shown: (1)/Determination re Substantial Deviation. Requires public hearing before Commission for the purpose of 0%~\~ determining whether the proposed change constitutes a substantial deviation requiring further development-of- regional-impact review. Public hearing requires notice (standard legal ad 10 days prior to date of public hearing) PUBLISH JANUARX 26, 1996~ for PH on 2/6/96 (ref: DRIADV) (2)~Future Land Use Map (FLUM) Amendment: Proposed change is FROM Commerce TO Medium Density _~,~ Residential 5-12 du/acre (31.19 acres) and Transitional (4 Treated the same as a regular Comp. Plan Amendment, but is exempt from the 2x/yr restriction since it is a DRI (see F.S. 380.06(6)(b) Transmittal hearing scheduled for 2/6/96 (requires display ad approx. 7 days prior, with map - see PUBLISH JANUARY 29, 1996 / FOR THIS APPLICATION, /ST READING OF ORDINANCE (#10-96) WILL BE HELD IN CONJUNCTION WITH THE TRANSMITTAL HEARING. THE FLUM THEN GOES TO DCA FOR 60 DAY REVIEW. HENCE, SECOND READING OF THE ORDINANCE WILL BE HELD AT THE SECOND PUBLIC HEARING FOR ADOPTION - EXPECTED TO OCCUR APRIL 1996 - CHECK STATUS END OF MARCH 1996 ~h~O. ~dO~ ~,o~ (3) Modification of Approved SAD with attendant Master ~9~ .~~0 . Development Plan for the Waterford Pla~e/Del~nt D.R.I. ~-¥~' _~, l st reading of ordinance (#11-96) on 2/6/96 ~19 2nd reading/public hearing will bc h~!a along with the adoption h~a~in~ fo~ th~ FLUM, probably Apzil 19~6 J~ 6£ ~&~ ~/~/~ (4) Modification of the DRI Development Or, er Will be done by Resolution at the same the adoption hearing is held (see 380.06(19)(f)6. for reference)