Res 10-95 RESOLUTION NO. 10-95
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF
DELRAY BEACH, FLORIDA, AMENDING RESOLUTION NO. 49-85,
WHICH CONSTITUTES A DEVELOPMENT ORDER BY THE CITY OF
DELRAY BEACH, BY AMENDING CONCLUSIONS OF LAW, SECTION
2, AND LOCAL ISSUES, SECTION 22; MAKING A
DETERMINATION OF NOT BEING A SUBSTANTIAL DEVIATION;
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
WHEREAS, the developer submitted a request to the City of
Delray Beach that changes be made to the DRI-DO to the effect of
extending the build-out date of the project and of modifying local
condition #22 concerning road improvements to S.W. 10th Avenue; and
WHEREAS, the City of Delray Beach considered the requested
changes and made a determination that the proposed changes to the
DRI-DO were not substantial; and
WHEREAS, at the meetings of February 23, 1993, and July 13,
1993, the City Commission approved the proposed changes and directed
that the DRI-DO be modified.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE
CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS:
~_~ That the second portion of the CONCLUSIONS OF
LAW dealing with Commencement and Proaress of Development is hereby
modified as follows:
2. Failure to initiate construction within three years from the
effective date of the Development Order, or failure to maintain
reasonable progress toward completion of the development after having
initiated construction in a timely manner shall constitute a
substantial deviation and the development shall be subject to further
consideration pursuant to Section 380.06, Florida Statutes.
Construction shall be deemed to hawe been initiated after
placement of permanent evidence of a structure (other than a mobile
home) on a site, such as the pouring of slabs or footings or any work
beyond the stage of excavation or land clearing.
Th9 ~uild-ou~ date. not initially included in the DRI-DO, is
extended to June 30, 1996.
Section 2. That DRI-DO Condition 22 be modified as follows:
22A: Prior to issuance of Certificates of Q¢¢up~¢y for th~ General
Retail use, the south approach of S.W. 10th Avenue at LintQ~
Boulevard shall be improved to the ultimate section as approved
by Palm Beach County and the City oS Delray Beach,
- 2 - Res. No. 10-95
22B: Within three months of the date of issuance of Certificates of
Occupancy for the General Retail use. an analysis of the
intersection of S.W. 10th Avenue/Lindell Boulevard shall be
submitted which shall determine if a traffic signal at the
intersection is warranted. If warranted, the sianal shall be
Sn$~ed by the developer within three months of a directive by
the City of Delray Beach. If not warranted, the requirement for
an ~D~$U$9~tion analysis shall become a requirement of the annual
report by the developer. 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
the City of Delray Beach.
22C: 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 the Waterford Place DRI. Based upon such analysis
and when so determined by the City, the developer shall imprQye
the intersection and shall complete the four-lane section of S.W.
10th Avenue between Linton Boulevard and Lindell Boulevard.
22D: The developer shall submit plans to de-emphasize Linde~l
Boulevard as a collector road with any site plan for furthg~
development of the Waterford Place DRI. Such plans shall
address, among other alternatives, the realignment of Lindell
Boulevard into the Waterford Place Office Park. Designs to so
de-emphasize traffic use on Lindell Boulevard may be
through site plan conditions.
Section 3. That the previous decision of the City
Commission that the proposed modifications to the Waterford Place DRI
do not constitute a substantial deviation is hereby confirmed.
Section 4. That Resolution No. 40-85, Ordinance No. 96-87,
Resolution No. 80-89, and Resolution No. 132-92 remain in effect
except as modified herein.
Section 5. That this resolution shall become effective
immediately upon passage.
PASSED AND ADOPTED in regular session on this the 21st day
of February, 1995.
ATTEST:
- Citf C~erk
- 3 - Res. No. 10-95
CITY COMMISSION DOCUMENTATION
TO: Davi~%n, City Manager
THROUGH: Diane'~~A~Domihgu~~rector of Planning and Zoning
FROM: John Walker,~ ~-~Project Coordinator~~~~//3
SUBJECT: MEETING OF FEBRUARY 21~ 1995 ** CONSENT AGENDA **
DEVELOPMENT ORDER MODIFICATION FOR WATERFORD PLACE DRI
ACTION REQUESTED OF THE COMMISSION:
The action requested of the City Commission is that of
approval of Resolution No. 10-95, amending the Development
Order for the Waterford Place DRI.
BACKGROUND:
The City Commission actions to approve amendments to the
Waterford Place DRI were taken in 1993. The amendments were 1)
extension of the build out date, and 2) revisions to local
condition #22 (S.W. 10th Ave. improvements). In addition, a
finding was made that the amendments did not constitute a
substantial deviation.
At the time that actions were taken, City Commission directed
that they be put in the form of a resolution to amend the
Development Order and brought back as a consent item. During a
recent review of the project files, it was discovered that this
had not been done. Therefore, this item is before the City
Commission to confirm actions taken in 1993 so that the formal
Development Order will reflect all the previous approvals.
RECOMMENDED ACTION:
By motion, approve Resolution No. 10-95, amending the
Development Order for the Waterford Place DRI.
Attachment:
* Resolution # 10-95
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RESOLUTION No. 10-95
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DELRAY
BEACH, FLORIDA, AMENDING RESOLUTION No. 49-85, WHICH
CONSTITUTES A DEVELOPMENT ORDER BY THE CITY OF DELRAY
BEACH, BY AMENDING CONCLUSIONS OF LAW, SECTION 2 AND LOCAL
ISSUES, SECTION 22; MAKING A DETERMINATION OF NOT BEING A
SUBSTANTIAL DEVIATION; 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,
WHEREAS, the developer submitted a request to the City of
Delray Beach that changes be made to the DRI-DO to the effect of
extending the build-out date of the project and of modifying
local condition #22 concerning road improvements to S.W. 10th
Ave; and,
WHEREAS, the City of Delra¥ Beach considered the requested
changes and made a determination that the proposed changes to
the DRI-DO were not substantial; and,
WHEREAS, at the meetings of February 23, 1993 and July 13,
1993, the City Commission approved the proposed changes and
directed that the DRI-DO be modified.
NOW THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE
CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS:
Section 1. That the second portion of the CONCLUSIONS OF
LAW dealing with Commencement and Progress of Development is
hereby modified as follows:
2. Failure to initiate construction within three years from
the effective date of the Development Order, or failure to
maintain reasonable progress toward completion of the
development after having initiated construction in a timely
manner shall constitute a substantial deviation and the
development shall be subject to further consideration pursuant
to Section 380.06, Florida Statutes.
Construction shall be deemed to have been initiated after
placement of permanent evidence of a structure (other than
a mobile home) on a site, such as the pouring of slabs or
footings or any work beyond the stage of excavation or land
clearing.
The build-out dater not initially included in the DRI-DOr
is extended to June 30r 1996.
Section 2. That DRI-DO Condition 22 be modified as follows:
22A: Prior to issuance of Certificates of Occupancy for the
General Retail use, the south approach of S.W. 10th Ave. at
Linton Blvd. shall be improved to the ultimate section as
approved by Palm Beach County and the City of Delray Beach.
22Bi Within three months of the date of issuance of Certificates
of Occupancy for the General Retail use~ an analysis of the
intersection of S.W. 10th Ave./Lindell Blvd. shall 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 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 hall be
installed by the developer within three months of a directive by
the City of Delray Beach.
22C: An intersection analysis of the intersection of S.W. 10th
Ave/Lindell Blvd. and capacity determination for S.W. 10th
Ave. shall be submitted with each site plan for further
development in the Waterford Place DRI. Based upon such
analysis and when so determined by the City, the developer
shall improve the intersection and shall complete the
four-lane section of S.W. 10th Ave. between Linton Blvd.
and Lindell Blvd.
22D: The developer shall submit plans to de-emphasize Lindell
Blvd. 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
Blvd. into the Waterford Place Office Park. Designs to so
de-emphasize traffic use on Lindell Blvd. may be required
through site plan conditions.
Section 3. That the previous decision of the City
Commission that the proposed modifications to the Waterford
Place DRI do not constitute a substantial deviation is hereby
confirmed.
Section 4. That Resolution No. 40-85, Ordinance No. 9-87,
Resolution No. 80-89, and Resolution No. 132-92 remain in effect
except as modified herein.
Section 5. That this resolution shall become effective
immediately upon passage.
PASSED AND ADOPTED in regular session on this the day
of , 1995.
MAYOR
ATTEST:
CITY CLERK
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