Res 60-95 RESOLUTION NO.
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, TO PROVIDE FOR AN EXTENSION OF THE BUILD OUT DATE
FOR THE WATERFORD 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
February 21, 1995; and
WHEREAS, the developer submitted a request to the City of
Delray Beach that the build out date for the Waterford Place DRI be
extended from June 30, 1996, to November 30, 1997; and
WHEREAS, the Planning and Zoning Board, as Local Planning
Agency for the City of Delray Beach, considered the requested change
at a public hearing held August 28, 1995, and voted to recommend to
the City Commission that the extension request be approved.
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 date, not initially included in the DRI-DO, is
extended to ~¢/~/~ November 30. 1997.
~ That Resolution No. 40-85, Ordinance No. 96-87,
Resolution No. 80-89, Resolution No. 132-92, and Resolution remain in
effect except as modified herein.
~ That this resolution shall become effective
immediately upon passage.
PASSED AND ADOPTED in regular session on this the 5th day of
September, 1995.
ATTEST:
- 2 - Res. No. 60-95
MEMORANDUM
TO: MAYOR AND CITY COMMISSIONERS
FROM: CITY MANAGER ~'~?~,I
SUBJECT: AGENDA ITEM # ~. C .- MEETING OF SEPTEMBER 5, 1995
RESOLUTION NO. 60-95
DATE: SEPTEMBER 1, 1995
This is before the Commission to consider a Resolution No. 60-95
extending the buildout date of a previously approved Development
of Regional Impact (DRI) for Waterford Place, located south of
Linton Boulevard east of 1-95. The change is from June 30, 1996
to November 30, 1997.
The original buildout date was December 31, 1992, and there have
been extensions totaling 4 years and 11 months; the last of which
extends through June 30, 1996. Florida Statute 380.06(19),
recently amended by House Bill 1659, states that an extension of
less than five years is not a substantial deviation, and is not
subject to the public hearing requirements.
The applicants have stated that due to a long-standing slump in
the office market, they propose to change the planned office
buildings to a 300 unit apartment complex, an~ a 60 suite hotel.
These changes, if approved, could not be implemented in time to
meet the June 1996 buildout date.
Recommend approval of Resolution No. 60-95 extending the buildout
date for the Waterford Place DRI from June 30, 1996 to November
30, 1997.
CITY COMMISSION DOCUMENTATION
TO: E~. ~VID T.~HARI?EN, CITY MANAGER
DE, P~RTME~T OF PLANNING AI~D ZONING
FROM: PAUL OORLING( P.P~INCIPAL P~NNER
SUBJECT: MEETING OF SEPTEMBER 5, 1995
EXTENSION REQUEST OF BUILD OUT DATE FOR
WATERFORD DRI FROM JUNE 30,'1996 TO NOVEMBER
30,'1997.
ACTION REQUESTED OF THE COMMISSION:
The action requested of the City Commission is approval of a proposed change
in the build out date to a previously approved DRI (Development of Regional
Impact) for Waterford Place.
The DRI is located south of Linton Boulevard east of 1-95.
BACKGROUND:
For detailed background information refer to the attached Exhibit A.
The Waterford Place DRI had an original build out date of December 31, 1992.
Previous extension requests have extended the build out date to June 30, 1996.
In December, 1994 the applicant submitted a Notification of a Proposed Change for the
Waterford Place DRI. The change related to an extension of the build out date from
June 30, 1996 to November 30, 1997. This extension will represent a cumulative
extension of 4 years 11 months.
ANALYSIS:
Processing of a DRI extension is pursuant to F.S. 380.06(19) as recently amended by
House Bill 1659. F.S. 380.06(19)(c)(2) as amended states "an extension of less than 5
years is not a substantial deviation". Further, F.S. Section 380.06(19)(c)(2) states "A
proposed change that involves an extension of the build out date of less than 5 years is
not subject to the public hearing requirements of sub paragraph (f)(3) and is not subject
City Commission Documentation
Extension request for Waterford DRI
Page 2
to a determination pursuant to sub paragraph (f)(5)" (determination whether further
development of regional impact review is required).
As described in the attached chronology (Exhibit A), reasonable efforts have been
made to complete the project. These include:
· Installation of infrastructure
· Completion of Waterford Place apartments
· Completion of Builder's Square retail store
· Participation in roadway improvement costs
The applicants have stated that due to a long-standing slump in the office market,
they've been unable to develop the remainder of the property as provided in the plan. If
the project is allowed to expire without being completed, the DRI will no longer be valid.
All vesting for traffic concurrency will expire as well, which will severely hamper the
potential for the future development of this property. It is therefore in the City's best
interest, as well as the property owners', to extend the build-out date as requested.
PLANNING AND ZONING BOARD CONSIDERATION:
The Planning and Zoning Board considered the item at its meeting of August 28, 1995.
No one spoke at the public hearing and the Board unanimously recommended approval
of the extension request on a 6-0 vote ( Schwartz absent).
RECOMMENDED ACTION:
By motion, approve the extension request for Waterford Place DRI from June 30, 1996
to November 30, 1997.
Attachment:
* Exhibit A
* DCA & Treasure Coast Letters
S:\PLAN NI\DOCUME\REPORTS\WPDRI.DOC
EXHIBIT A
The following is a brief review of significant events leading to the current
modification.
In 1980, the property was platted as Parcels 3 and 4 of the Linton Center Subdivision.
Lot 1 of that plat is now known as the Delray Crossing Shopping Center (Target,
Bizmart, Circuit City, et al) and Lot 2 is now known as Laver's North.
In 1984/85, the Delint Development of Regional Impact (DRI) and associated zoning to
Special Activities District (SAD) was processed. The SAD (including use approval and
a site specific development plan) was approved by Ordinance No. 79-84 in October,
1984. The subsequent DRI Development Order (DRI-DO) was approved by Resolution
No. 49-85 on May 28, 1985.
The infrastructure for the Office Park portion of the SAD and the water management
lakes were constructed during the next two years. Also, several street improvements
required through the DRI-DO were constructed, most through projects undertaken by
the County (Linton Boulevard widening, Congress Avenue widening).
In November, 1987, the Waterford Village apartment complex was approved through an
amendment to the SAD (via Ordinance No. 96-87). In addition to a change to the site
specific development plan, that action included changing the basis for triggering certain
street improvements from use intensity (floor area, number of units/rooms) to traffic
generation (ADT).
In April, 1988, a site plan was approved for Linton Office Center, resulting in a change
in points of access to the DRI by allowing direct access to the hotel site via Waterford
Place. (Waterford Place was a roadway proposed to serve an approved office building
and dedicated to the public.)
Abandonment of Lindell Boulevard and a portion of Germantown Road was approved
by Resolution No. 58-90. The resulting property was incorporated into the Target and
Circuit City projects.
In November, 1989 a SAD/DRI modification which replaced the site specific
development plan with an overall Master Development Plan (MDP) was approved. The
MDP was more general and would allow minor site plan changes to occur without the
necessity of concurrently amending the DRI-DO. This action was consummated
through Ordinance No. 68-89 and Resolution No. 80-89.
Also, in November, 1989, the site plan for Delray Crossing (aka Linton Retail Center)
which accommodates the Target store was approved. This center was developed by
the owners of the Waterford DRI.
In April, 1990, the site plan for Circuit City and related retail was approved. This
development replaced the previously approved office building along Waterford Place.
In December, 1991, a SAD/DRI modification request was received to delete the use of
a hotel and 233,000 sq.ft, office space and add the use of general retail, specifically a
107, 400 sq.ft, single tenant facility (Builders Square). The first step in processing the
request was to determine whether or not it was a "substantial deviation" to the approved
DRI. Such a determination is required pursuant to F.S. Chapter 380.08(19). The
determination dictates the manner in which the associated development application
(SAD/DRI-DO modification) was to be processed.
In August, 1992, the City Commission made a determination that the proposed changes
did not constitute a substantial deviation. Subsequently, in September, 1992, the
formal application for the proposed SAD/DRI-DO modification was accepted for
processing.
The SAD/DRI-DO modification was approved by the City Commission on December 16,
1992, by Resolution No. 132-92 and SAD Ordinance No. 64-92.
In February, 1993 a Notice of Proposed Change was considered by the City
Commission to change the build out date to June 30, 1997, and revise conditions of the
original DRI including Condition #22, (relative to the widening of S.W. 10th Avenue
south of Linton Boulevard) and Conditions 17, 18, and 19, (relative to studies by FDOT
concerning 1-95 ramp improvements). The City Commission approved the extension
request to June 30, 1996. In June, 1993 the City Commission amended Condition 22
and took no action on amendments to Conditions 17, 18, and 19. The Development
order resolution accommodating the above was approved by the City Commission on
February 21, 1995 (Resolution No. 10-95).
SIAIF OF FI_ORIDA
D[PARIMFSI OF COMMUNII¥ AFFAIRS
2740 CENTERVI EW DRIVE · IA LLA HASSEE, FLORIDA 32399- 2 t 00
LAWTON CHILES LINDA LOOMIS SHELLEY
Governor Secretary
July 26, 1995
Mr. John Walker, Project Coordinator
City of Delray Beach
Planning Department
100 Northwest 1 st Avenue
Delray Beach, Florida'33444
Dear Mr. Walker:
The FIodda Legislature recently adopted House Bill 1659 which amended portions
of Florida Statutes Section 380.06(19). Based on House Bill 1659 the Department
conducted a reevaluation of the Waterford Place development of regional impact (DRI)
notice of proposed change (NOPC), dated December 29, 1994. House Bill 1659 amended
Florida Statutes Section 380.06(19)(c) which provides that an extension of the date of
buildout of a development of less than 5 years is not a substantial deviation. Furthermore,
Subparagraph 380.06(19)(e)2 was amended to provide for a proposed change...that
involves an extension of the buildout date of a development...of less than 5 years is not
subject to the public hearing requirements of subparagraph (03., and is not subject to a
determination pursuant to .Subparagraph (05:
During the Departments reevaluation the proposed change to the Waterford Place
DRI, we can now concur with the applicant's position that the proposed modification is
consistent with the parameters identified in Subparagraph 380.06(19)(e)2., Florida
Statutes (F.S.)pursuant to House Bill 1659, and that the City is~L~{~ ~tLt~0-')tr~'~a~d~t~;~¢'~-~
public hearing to make a substantial deviation determination.
JUL 28 lg~
PLANNING & ZONING
EA'tERGENCY MANAGEMENT · HOUSING AND COMMUNI1Y I)EV~LOPMENT · RESOURCE PLANNING ,\NI) MANAGEMEN'f
Mr. John Walker
July 26, 1994
Page Two
The Department is hereby notifying the City of Delray Beach, pursuant to
Subparagraph 380.06(19)(f)4., F.S., that a public hearing is not required and that the
Department would not attend if a hearing is scheduled. If you have any additional
questions, please call me or Greg Stuart, Planner IV, of my staff in the Bureau of Local
Planning at (904) 487-4545.
Sincerely,
Charles Gauthier, A.I.C.P.
Growth Management Administrator
CG/ggs
cc: Mr. Gregory S. Kine, Boose, Casey, et al
Mr. Mike Busha, Acting Executive Director, TCRPC
st. lucie COCL/'.r
r¢cj o, nal
o ann n9
June 26, 1995 council
Ms. Di~e Dom~guez, Director
Pl~ing and Zoning Depaament
City of Delray B~ch
100 N.W. First Avenue
Delmy B~c~ FL 33444
Subj,: Wa~fford Pla~ D~elopmem of Re~o~l ~paa - Rc~ of Pro~ Ch~ge
D~ ~, Do~ez:
~ ac~rd~ wi~ ~e r~uiremen~ of Section 380.06(19), FloN~ S~mt~, we have review~ the
"Notification of a Propos~ Change to a Previously Approv~ Development oF Regional Impact (D~)"
(NOPC) for Waterford Pla~ D~ originally dat~ December 29, 1994 and submiu~ to Council by Alan I.
Ciklin on December 30, 1994. The propos~ change was reviewM ~d Council comments were sent
Janua~ .i l, 1995. No action w~ token at that time because the appli~t indi~t~ that the NOPC would
be m~ifi~. ~e NOPC was not m~ifi~ and the applicant submi~ ~ additional letter dated May 30,
1995 ~d re~iv~ by Council June 5, 1995 requesting that ~e pro,ss p~.
~e NOPC pro~s~ to e~nd ~e buildout ~te ~ November 30, 1997. ~s repr~en~ a cumula~ve
e~e~ion of four y~ ~d ellen mon~. Cu~emly, c~ges of ~s ~re ~e pr~ not to r~uire
substantial deviation review pursuant to Pa~graph 380.06(19)(c), F.S. ~e presumption may be rebutt~
by clear and convincing evidence that no new or previously unrevicw~ regional impacts will ~cur as a
resuli of the change However. tq.~on signature bx thc Governor. thc amended langimgc iii thc Sialutc will
stipulate that an_~x~l~l~l!.D~.l]!~.~O, ib'.9l~.~U.~Jdo~Lg~_~X~.~mcnt loss 'thml 5 Yg~RF~ ~ l]o~_.!uJ~!a~_(iO_!
deviation mid is not sub]act to thc public hearing requirements. Upon b~ming laxv, this chaiigc will bc
retroactive to D~mber 31, 1994.
Pl~e tl~t a ~ifi~ ~py of any development order ~en~ent adop~ pu~u~t to this NOPC.
If you have ~y questor, pl~e ~11.
Sin~rely,
Michael J. Busha
Acting Executive ~irector
LES/les
cc: Karen Marcus, TCRPC Chai~an
Greg Stua~, FDCA ,~.~'~
L. Maain Hodgkh~s~ PBC
Alan J. Ciklin,
3228 s.w. ma~in downs blvd.
palm oily, Ilorido 34990
phono (407~ 221-4060 .......
sc 269-4060 lax ~407} 22~.4067