Res 132-92 RESOLUTION NO. 132-92
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 "WHEREAS" CLAUSES
AND SECTION 1, "APPLICATION FOR DEVELOPMENT
APPROVAL", AND SECTION 3; 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,
WHEREAS, the developer submitted a request to the City of
Delray Beach that a change be made to the DRI-DO to the effect of
adding a new use of "General Retail" along with a corresponding
decrease in intensity (floor area) of approved "Office Center" use so
as not to increase external traffic impacts; and,
WHEREAS, the City of Delray Beach considered the requested
change to the DRI-DO concurrently with an amendment to Ordinance No.
79-84, which establishes the zoning for the affected property; and,
WHEREAS, during said concurrent processing, the City
Commission previously made a determination that the proposed changes
to the DRI-DO were not substantial; and,
WHEREAS, at the meeting of December 16, 1992, the City
Commission approved Ordinance No. 64-92, thus amending the zoning
regulations applicable to development of the Waterford Place
Development of Regional Impact (DRI)o
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF
THE CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS:
Section 1. That the second "WHEREAS" clause of Resolution
No. 49-85 is hereby modified to read as follows:
WHEREAS, said Applicant proposes to construct
~Z~7~ 322,413 square feet of office space,
~/~I~ 136,000 square feet of general retail
use, and 236 multi-family residential dwelling units
on 86.5 acres, constituting a Development 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 first portion of the CONCLUSIONS OF
LAW dealing with the Application for Development Approval is hereby
modified as follows:
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 Development 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 Development Approval (ADA)
shall include the following items: ADA,
submitted December 17, 1984, and supplemental
information submitted February 4, 1985, October
8, 1987, and the Conceptual Master Development
Plan as approved by the City Commission on
December 16, 1992. To the extent that plans
submitted along with the application for and
approval of Special Activities District (SAD)
rezoning differ from those submitted for
Development of Regional Impact approval, the
latter plans will control.
Section 3. That DRI-DO Condition 21 be modified by the
creation of subsections (A) and (B) as follows:
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, are hereby incorporated into
this Development Order by reference, except for the
site and development plans referenced in Section 3
of Ordinance No. 64-92.
21(B). The Conceptual Master Development Plan
approved by the City Commission on December 16,
1992, is adopted and incorporated herein as
substitute for the Development Plans submitted 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 development plans incorporated by Section 3
of Ordinance No. 64-92.
Section 4. That the last paragraph of DRI-DO Condition
19(D) be modified as follows:
19(D). Further, the Development Order .shall
terminate if the improvements identified in
subparagraphs A through C have not been completed
and FDOT has not made the determination required in
subparagraph D by ~6~/~/~99~ March 31, 1993,
unless an extension of this date is agreed to by the
developer, the City of Delray Beach, and Treasure
Coast Regional Planning Council.
Section 5. 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 6. That this resolution shall become effective
immediately upon passage.
PASSED AND ADOPTED in special session on this the 16th day
of December, 1992.
ATTEST:
Citf C~erk '
- 2 - Res. No. 132-92
PLANNING AND ZONING DEPARTMENT MEMORANDUM
TO: ~I~ON HARTY, CITY CLERK
FROM: DAVID J. KOVACS, DIRECTOR
DEPARTMENT OF PLANNING AND ZONING
DATE: DECEMBER 17, 1992
SUBJECT: RESOLUTION NO. 132-92~ ADDITIONAL LANGUAGE
Please modify Resolution No. 132-92 pursuant to the final action
of the City Commission at yesterday's meeting. The changes are:
1. In the 6th WHEREAS, change the date to December 1~.
2. In Section 1, insert the number 322,413 on the blank line.
3. In Section 2, change the last date to December 1~~.
4. In Section 3, under condition 21(B), change the date to
December 15.
5. Add a new Section 4; to wit:
Section 4. That the last paragraph of DRI-DO Condition
19~D~ be modified as follows:
Further, the Development Order shall terminate if the
improvements identified in subparagraphs A through C
have not been completed and FDOT has not made the
determination required in subparagraph D by
~ ~99Z~ March 31~ 1993, unless an extension of this
date is agreed to by the developer, the City of Delray
Beach, and Treasure Coast Regional Planning Council.
6. Change the last date in the Resolution to ~th day.
DJK/dlm
C:
John Walker, Project Coordinator
Jeff Kurtz, City Attorney
DJK/WADO.DOC
MEMORANDUM
TO: MAYOR AND CITY COMMISSIONERS
FROM: CITY MANAGER
SUBJECT: AGENDA ITEM ~ ~-~ - MEETING OF DECEMBER 16. 1993
RESOLUTION NO. 132-92
DATE: DECEMBER 11, 1992
This is a resolution amending Resolution No. 49-85 which constitutes a
Development Order by the City of Delray Beach by amending "Whereas"
clauses and Section 1, "Application for Development Approval", and
Section 3; making a determination of not being a substantial
deviation for the Builder's Square project at Waterford/Delint.
The Planning and Zoning Board at their November 16th meeting
recommended denial of the development application in its entirety
(both the SAD Amendment and the Development of Regional Impact -
Development Order modification). However, the Board did recommend
conditions of approval in the event that the application was approved
by the City Commission. Those conditions have been included in the
resolution.
Recommend consideration of Resolution No. 132-92.
RESOLUTION NO. 132-92
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 "WHEREAS" CLAUSES AND SECTION
1, "APPLICATION FOR DEVELOPMENT APPROVAL", AND SECTION
3; MAKING A DETERMINATION OF NOT BEING A SUBSTANTIAL
DEVIATION; PROVIDING AN EFFECTIVE DATE.
W~EREAS, at the meeting of May 28, 1985, the City Commission
adopted Resolution No. 49-85, making findings of fact and dsterminang
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 Decemhmr 22, ~987, and by Resolution No.
80-89, adopted October 24, 1989; and,
WMEREAS, the developer submitted a request to the City of
Delray Beach that a change he made to the DRI-DO to the effect of adding
a new use of 'General Retail' along with a corresponding decreas~ in
intensity (floor area) of approved "Office Center" use lo as not to
increase external traffic impacts; and,
change to the DRI-DO concurrently with an amendment to Ordinance No.
79-84, which establishes the zoning for the affected property; and,
WHEREAS, during said concurrent processing, the City Commission
previously made a determination that the proposed changes to the DRI-DO
were not substantial; and,
WHEREAS, at the meeting of Decee~ber 8, 1992, the City
Commission approved Ordinance No. 64-92, thus amending the zoning
regulations applicable to development of the Waterford Place D.R.I.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE
CITY OF DELEAY BEACH, FLORIDA, AS FOLLOWS:
~ That the second "WHEREAS" clause of Resolution No.
49-85 is hereby modified to read as follows:
WHEREAS, said Applicant proposes to construct
$%~7~&~ square feet of office space, a RS9
and 236 multi-family residential dwelling units on 86.5
acres, constituting a Development Of Regional Impact on
the real property fully described in Exhibit "A"
attached hereto and located in the City of Delray Beach,
Florida; and,
Seetion 2. That the first portion of the CONCLUSIONS OF LAW
dealing with the AnDlication fo= Development Ao~rovel iS hereby modified
al follOVl:
1. The Deliria Center Application for Development
Approval is incorporated herein by reference and
relied upon by the Partial in discharging their
statutory duties under Chapter 380, Florida
Statutes. Substantial compliance with the
representations contained in the Application for
Development 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 Development Approval (ADA)
shall include the following items: ADA, submitted
December 17, 1984, and supplemental information
submitted February 4, 1985, October 8. 1987. aha
the Conceptual Master Develooment Plan as auuroypa
bY the City Commission on December 8. 1992. To
the extent that plans submitted along with the
application for and approval of Special Activities
District (SAD) rezoning differ from those
submitted for Development of Regional Impact
approval, the latter plans will control.
Section 3. That DRI-DO Condition 21 be modified by the
creation of subsections (A) and (B) as follows:
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 amendes ~¥
0rainance No. 64-92. are hereby incorporated into this
Development Order by reference, exceut for the site and
~eVeloument 9lane referenced in Section 3 of Ordinance
No. 64-92.
2X~B}. The Concentual Master Develoumen~ p~an approve~
bv the City Commission on December 8. 1992. is adoute&
and incor~_orated herein as substitute for the
Development Plans submitted with the ADA. Nothin~
herein shall be construed to relieve the developer from
obtaining City of Delre~ 8each amnrovel for future
incorporated by Section 3 of Ordinance No. ~4-92.
Section 4. That the previous decision of the City Commission
that the proposed modifications to the Waterford Place DRX do not
constitute a substantial deviation is hereby confirmed.
Section 5. That this resolution shall become effective
immediately upon passage.
PASSED AND ADOPTED in regular session on this the 8th day of
DecaYer, 1992.
MAYOR
A~EST:
, - 2 - Res. No. 132-92
:1
CITY COMMISSION DOCUMENTATION
TO: ~--~ID T. HARDEN, CITY MANAGER
FROM: ACS TOR
DEPARTMENT OF PLANNING AND ZONING
SUBJECT: MEETING OF DECEMBER 8, 1992
RESOLUTION ADOPTING A REVISED DEVELOPMENT ORDER FOR
THE WATERFORD D.R.I.
ACTION REQUESTED OF THE COMMISSION:
The action requested of the City Commission is that of
approval of a Resolution which revises the formal
Development Order for the Waterford D.R.I.
This process (and action) is separate from consideration of
the Waterford SAD Modification.
BACKGROUND:
For project background, analysis, and assessments please refer
to the documentation provided for the Waterford SAD
Modification.
The action on the DRI-DO Modification is separate and distinct
from the SAD action. However, the SAD action (new uses,
allocation of uses, intensity of use, MDP modification, and
conditions of approval) is incorporated, by reference, into the
DRI-DO.
The application for a DRI-DO Modification is prescribed by
Statute and Rule. It is made by the applicant and the local
government either approves or disapproves it. If a specific
condition of the DRI-DO is not proposed for modification by the
applicant, the City cannot direct that it be changed.
The applicant made a proper application in December, 1991. That
application was modified in May, 1992. Since that time, the
project has undergone further changes. In a letter of November
23, 1992, the Director requested of the applicant that he
provide a new (revised) application by November 30th so that it
can be considered along with this agenda item. The applicant's
agent responded by a letter dated November 30, 1992, that a
formal revised Notification of a Proposed Change is not required
at this time. Since the applicant is responsible for the proper
form and submission materials, we are proceeding with. the
City Commission Documentation
Resolution Adopting a Revised Development Order for the
Wateford D.R.I.
Page 2
modifications to the DRI-DO. The amount of remaining office
space is left "blank" as we are awaiting additional information
from the applicant regarding the final determination of external
trips, and that number's resulting impact on the office park
development potential.
Also related to the DRI-DO Modification is the matter of the
determination of whether or not the modification is deemed
to be a substantial deviation~ or not to be a substantial
deviation. This matter has already been addressed by the City
Commission~ however, that previous position is to be re-stated
in the formal DRI-DO Modification. Thus, it is included in the
enacting Resolution.
PLANNING AND ZONING BOARD CONSIDERATION=
The Planning and Zoning Board formally reviewed this item at its
meeting of November 16th. The Board recommended denial of the
development application in its entirety (both the SAD Amendment
and the DRI-DO Modification). However, the Board did recommend
conditions of approval in the event that the application was
approved by the City Commission. Those conditions, as
appropriate, have been included in the proposed enacting
Resolution.
RECOMMENDED ACTION:
Assuming approval of the SAD Amendment, by motion, approve the
DRI-DO Modification enacting Resolution.
Attachment:
* Resolution
* Ciklin (Kino) letter of November 30, 1992
T: CCDRIDO
RESOLUTION NO. __-92
A RESOLUTION OF THE CITY COHHZSSIOH Or TH~ CITY or
DELRAY BEACH, FLORIDA, AHENDING RESOLUTZOH
WHICH CONSTITUTES A DEVEbOPMENT ORDER BY THE CITY O£
DELRAY BEACH, BY AHE?IDIHG WHEREAS CLAUSES A~iD SECTIOH
1, APPLICATION FOR DEVELOPHEH? APPROVAL AND SECTION 3;
HAKIHG A DETERHIHATIOH OF HOT BEING A SUBST~ITIAL
DEVIATIOH; AND, PROVIDIHG AN EFFECTIVE DATE.
WHEREAS, at the meeting of Hay 28, 1985, the City Commission
adopted Resolution Ho. 49-85, making findings of fact and determining
conclusSons of law pertaining to the Dellnt Center (now known as
~/aterford Place), a Development of Regional Impact (DRI), and
constituting this Resolution as a Development Order (DO) by the C~ty
Oeltay Beach ~n compliance w~th la~; and,
~gRSAS, Resolution No. ~9-85 has been s~sequently modified
by Ordinance No. 96-87, adopted December 22, 1987, and by Resolution
No, 80-29, adopted Octobe~ 2~, 1989; and, "
~A8, the developer s~m~tted a ~equest to the City
· De,ray Beach that a change be made to the the DRZ-DO to the effec~ o~
add~ng a ne~ use of "General Retai~" along ~th a corresponding
dec=ease in ~ntensSty (~oo= area) of approved "Off$ce center" use so
as not Co ~ncrease externa~ traffic impacts; and,
~AS, the C~ty DE Oelray Beach considered the requested
change to the ORZ-~ concurrently ~ith an amendment co Ordinance
79-84, ~hLch est~lLshes the zoning for the affected property; and,
~&~, during said concurrent process ~nq, the city
Com=~ss~on previously ~ade a deter=~nat~on that the prcposed changes
the OR;-~ were not substantial; and,
~AS, at the meeting of December 1, 1992, the C~ty
Coma~ssion approved Ordinance 64-92, thus a~endLnq the zoning
regulations appl~c~le to development of the ~aterford Place
D.R.~.
NO~, THEREFORE, BZ IT RESOLVED BY THE CITY CO~ISSIOH OF
CITY OF DEL~Y BEACH, FLORIDA, AS FOLLOWS:
~ That the second ~HEREA$ clause o~ ~esolut~on No.
49-85 Is hereby eod~fied to read as ~ollo~s:
~~, sa~d Applicant proposes to construct
,~ square feet o~ office space, a ~ ~ ~ 136.000
sauare [eet oE aeneral retail use. and 236
res~dentLal dwelling unlts on 86.5 acres, constituting a
Developeent o[ Regional lapact on the real property
described in ;xhibLt .,~. attached hereto and located in the
CLty o~ Delray Beach, Florida; and ....
~. Thab the [~rst port,on of the CONCLUSIONS OF LAH
dealing w~th the Aoolic~tion for Oevelooment Aooroval ~s hereby
soddened as follows:
1. The Delint Center Applica:~on for Development Approval
~ncorporated here~n by re~erence and rel~ed upon by the
Parties in discharg~ng their statutory due:es under Chapter
380, Florida Statutes. Substantial coepl~ance ~th the
representations contained ~n the AppI 1cat,on for
Development Approval ~s a condition for 'approval unless
waived or modified by agreement among the ea~-t~es, as defined
tn S~section 380.0~(2), Florida Statutes. For purposes
th~a condition, the Application for Development Approval
(ADA) shall include the follo~ng ~tems: ~O~, submitted
Oece~er 1T, 1984, and supplemental ~nfot'mat~on submitted
February 4, 1985, october 8. 19~7. and ~he Conceotual Haster
Develooment Plan as aooroved by the C~tv Commission
December 1. 1992. TO the extent that plans
submitted along with the application for and approval of
Special Activities District (SAD) rezoning differ from those
submitted for Development of Regional Impact approval, the
latter plans wlll control.
Section 3. That DRI-DO Condition 21 be modified by the
creation of subsections (A) and (B) as follows:
21¢A). The conditions of approval for the rezontnq of the land to
SAD (Special Activities District), as contained in Ordll~ance NO.
79-64, as amended by Ordinance 64-92, are hereby Incorporated into
this Development Order by reference, except for the site and
develooment plans referenced in Section 3 of Ordinance No. 64-92.
~ The Conceotual Master Development Plan approved by the
city commission on December _~ 1992. is adopted and incorporat~d
herein as substitute for the Development Plans s~bmitted with the
~DA. Nothina herein shall be construed to relieve the develooer
from obtainino City of Delrav Beach approval for future proposed
chanaes to the site and development oleos incorpbrated bY Section
~ of Ordinance No. 64-92.
Section 4. That the previous decision of the City Commission
that the proposed modifications to the waterford Place DRI does not
constitute a substantial deviation is hereby confirmed.
Section 5, That this resolution shall become effective
immediately upon its passage.
PASSED A~D ADOPTED in regular session on this the ~st day
of December , 1992.
MAYOR
ATTEST:
City Clerk
- 2- ~S. HO. -92
I_AW OIrlrlCIr S
BOOS~' CA$~Y CIKLIN LUBI'TZ MAR"I'WN$ MCBANE~ & O'CONNWLI.
A IIANTNWRIHIII INCI. UOING flqoIrI~s~IONAL, AS~IA'rlONI
BRUCE G. ALIrXANOI~I~, IB.A. C~HAIqL[~, A. L. USITZ. I~,A.
j£RAI. O B. llrwR, fA. ~'OWIN C. LUN~IrORO OIr COUNB~'I,.
UOI"IN O. IIOYKIN, fA. lOUIS R. Hr:lANI', fA.
PAI'RIC:K J. CASI'y fA. TIMO'I'HY f, M¢CAI~'HY. fA.
' NOB'TNIRIOG( 'TOW(Ill I * I~'TM lr~.ooN
AL.AN J. CIKL. IN, fA. CL..AUOIA M. HCKI'NNA
MICHAI~I.. W, CC)NNORS MORRIS G. (SKIl) MIf,.l.[R 'KIS NOR?H IrI.AGI. IrR OI~IV~'
ROBI'R'T' L. CI~IANw, P.A. BRIAN M, O'CONN~'L.L-0 fA.. WI'.IT PAI. M B~6,CH. F'I. ORIOA 334OI
RONAI. O E. CRI'SCIrNZO RHIL. O. O'CONNEL. L.. JR.. f A. 'rE~.(WHON((407) 832-SgOO
~.~'i; B. GOROON, J. KORY RARKHUtqST "rs'L. rcoff, l~'ll (4,07) 833-,d,2Og
i,.yN01A J, HARRIS, I~.A. JOHN I~. YOUNG. IB.A. HAiliNG A001~,i, Si
O~'IBA A, Us'NKI L. ONNI( S, ZdlkNGIIIIL. I.O
BRIAN S. JOSL.YN, f A. I'S'rHfr. III A. Z.AI~ATA
WCS'~' IDALM S~.ACN, Ir~. 3340~-4G4~1
November 30, 1992
V~V~ 407/243-3774
Mr. David J. Kovacs, Director I: ' ':'~u~'liT~.'~])
Department of Planning & Zoning ~"
City of Delray Beach ~ ~ I~
100 N.W. 1st Avenue
Delray Beach, Florida 33444 ,-~,~.~ ~G~
Re: Response to November 23, 1992 Letter - ~Working on. th, Waterford
DRI-DO Modification~
Dear David=
You are correc~ in your obse~a~ion that a couple of changes
included within our No~ifica~ion of a Proposed Change are
contained in any ~en~ents to the original adopting action
(Resolution No. 49-85). As referenced in your letter, the lan~age
of Condition 21(a), ~he ~exception~ in Condition 21 and ~he reference
in Condition i ~o material dated October 8, 1987, and a ~ s~mi~ed
in Au~st 1988 were never focally adopted by the City. These were
pa~ of a prior No~ifica~ion of Proposed Change for ~his project,
and were suggested conditions to clarify s~se~en~ ~en~en~s to
the DRI-~. I call~ ~is to ~e attention of Jo~ Walker i~ediately,
and e~lain~ to h~ ~at we would leave it to your discret~on to include
any of ~s clarify~ng lan~age. In ligh~ of ~e fac~ tha~ ~here
have been several ~~ents to the s~mittal ~terials and a
fu~er ch~gt to ~l office s~are footage, perhaps it is bes~ =ha=
the original cond~onl re. in ~changed.
With regard ~o your re~es~ ~a~ we s~mit a revised applica~ion for
the DRI-~ m~ifica~ion, ~ere is no re~iremen~ ~at we s~mit a
focal revised No~ification of a Proposed Change a~ this time.
However, at~ached to ~is letter is the t~ular data from both the
Builders S~are site plan and ~he Conceptual Mas~er ~velopmen~ Plan
which were res~mi~ted by No~-Sou~h Cons~c~ion Co~ora~ion on
Wednesday, Nove~er 25, 1992. The ~lll reflec~ ~he ini=ial
proposed 107,400 s~are fee~ of total building area, the 17,694
Mr. David J. Kovacs, Director
November 30, 1992
Page 2
square feet of garden center, and 10,907 square feet of
staging area recently required to be included by the City. In
addition, a revised traffic analysis was submitted to the City as
part of our response to the Staff Report for this project.
Please do not hesitate to call me if you have any questions with
regard to these two matters.
Si.ncerely,
Gregory S. Kino
GSK/ag
Encls.
026-3156
cc: Tom McMurrian (364-9562)
MEMORANDUM
TO: MAYOR AND CITY COMMISSIONERS
RESOLUTION NO. 1~2-92
DATE: December 2, 1992
This is a resolution amending Resolution No. 49-85 which constitutes a
Development Order by the City of Delray Beach by amending "Whereas"
clauses and Section 1, "Application for Development Approval", and
Section 3; making a determination of not being a substantial
deviation for the Builder's Square project at Waterford/Delint.
The Planning and Zoning Board at their November 16th meeting
recommended denial of the development application in its entirety
(both the SAD Amendment and the Development of Regional Impact -
Development Order modification). However, the Board did recommend
conditions of approval in the event that the application was approved
by the City Commission. Those conditions have been included in the
resolution.
Recommend consideration of Resolution No. 132-92.
RESOLUTION NO. 132-92
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 "WHEREAS" CLAUSES AND SECTION
1, "APPLICATION FOR DEVELOPMENT APPROVAL", AND SECTION
3; 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,
WHEREAS, the developer submitted a request to the City of
Delray Beach that a change be made to the DRI-DO to the effect of adding
a new use of "General Retail" along with a corresponding decrease in
intensity (floor area) of approved "Office Center" use so as not to
increase external traffic impacts; and,
WHEREAS, the City of Delray Beach considered the requested
change to the DRI-DO concurrently with an amendment to Ordinance No.
79-84, which establishes the zoning for the affected property; and,
WHEREAS, during said concurrent processing, the City Commission
previously made a determination that the proposed changes to the DRI-DO
were not substantial; and,
WHEREAS, at the meeting of December 8, 1992, the City
Commission approved Ordinance No. 64-92, thus amending the zoning
· regulations applicable to development of the Waterford Place D.R.I.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE
CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS:
Section 1. That the second "WHEREAS" clause of Resolution No.
49-85 is hereby modified to read as follows:
WHEREAS, said Applicant proposes to construct
8-1::~:76~ square feet of office space, a ;!~9
~oem he~e~ 136.000 souare feet of general retail use,
and 236 multi-family residential dwelling units on 86.5
acres, constituting a Development 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 first portion of the CONCLUSIONS OF LAW
dealing with the ADDlication for Development AnDrov~l is hereby modified
as follows:
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
Development 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 Development Approval (ADA)
shall include the following items: ADA, submitted
December 17, 1984, and supplemental information
submitted February 4, 1985, October 8. 1987. and
the Conceptual Master Development Plan as approved
bv the City Commission on December 8. 1992. To
the extent that plans submitted along with the
application for and approval of Special Activities
District (SAD) rezoning differ from those
submitted for Development of Regional Impact
approval, the latter plans will control.
Section 3. That DRI-DO Condition 21 be modified by the
creation of subsections (A) and (B) as follows:
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. are hereby incorporated into this
Development Order by reference, except for the site and
development plans referenced in Section 3 of Ordinance
No. 64-92.
21(B). The Conceptual Master Development Plan aPProved
by the City Commission on December 8. 1992. is adog~d
and incorporated herein as substitute for
Development Plans submitted with the ADA. Nothing
herein shall be construed to relieve the developer from
obtaining City of Delrav Beach approval for future
ProPosed changes to the site and developmen~
incorporated by Section 3 of Ordinance No. 64-92.
Section 4. 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 5. That this resolution shall become effective
immediately upon passage.
PASSED AND ADOPTED in regular session on this the 8th day of
December, 1992.
MAYOR
ATTEST:
City Clerk
- 2 - Res. No. 132-92
CITY COMMISSION DOCUMENTATION
TO: ~ID T. HARDEN, CITY MANAGER
FROM: ACS TOR
DEPARTMENT OF PLANNING AND ZONING
SUBJECT: MEETING OF DECEMBER 8, 1992
RESOLUTION ADOPTING A REVISED DEVELOPMENT ORDER FOR
THE WATERFORD D.R.I.
ACTION REQUESTED OF THE COMMISSION:
The action requested of the City Commission is that of
approval of a Resolution which revises the formal
Development Order for the Waterford D.R.I.
This process (and action) is separate from consideration of
the Waterford SAD Modification.
BACKGROUND:
For project background, analysis, and assessments please refer
to the documentation provided for the Waterford SAD
Modification.
The action on the DRI-DO Modification is separate and distinct
from the SAD action. However, the SAD action (new uses,
allocation of uses, intensity of use, MDP modification, and
conditions of approval) is incorporated, by reference, into the
DRI-DO.
The application for a DRI-DO Modification is prescribed by
Statute and Rule. It is made by the applicant and the local
government either approves or disapproves it. If a specific
condition of the DRI-DO is not proposed for modification by the
applicant, the City cannot direct that it be changed.
The applicant made a proper application in December, 1991. That
application was modified in May, 1992. Since that time, the
project has undergone further changes. In a letter of November
23, 1992, the Director requested of the applicant that he
provide a new (revised) application by November 30th so that it
can be considered along with this agenda item. The applicant's
agent responded by a letter dated November 30, 1992, that a
formal revised Notification of a Proposed Change is not required
at this time. Since the applicant is responsible for the proper
form and submission materials, we are proceeding with the
City Commission Documentation
Resolution Adopting a Revised Development Order for the
Wateford D.R.I.
Page 2
modifications to the DRI-DO. The amount of remaining office
space is left "blank" as we are awaiting additional information
from the applicant regarding the final determination of external
trips, and that number's resulting impact on the office park
development potential.
Also related to the DRI-DO Modification is the matter of the
determination of whether or not the modification is deemed
to be a substantial deviation; or not to be a substantial
deviation. This matter has already been addressed by the City
Commission; however, that previous position is to be re-stated
in the formal DRI-DO Modification. Thus, it is included in the
enacting Resolution.
PLANNING AND ZONING BOARD CONSIDERATION:
The Planning and Zoning Board formally reviewed this item at its
meeting of November 16th. The Board recommended denial of the
development application in its entirety (both the SAD Amendment
and the DRI-DO Modification). However, the Board did recommend
conditions of approval in the event that the application was
approved by the City Commission. Those conditions, as
appropriate, have been included in the proposed enacting
Resolution.
RECOMMENDED ACTION:
Assuming approval of the SAD Amendment, by motion, approve the
DRI-DO Modification enacting Resolution.
Attachment:
* Resolution
* Ciklin (Kino) letter of November 30, 1992
T: CCDRIDO
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 WHEREAS CLAUSES ~ib SECTION
1, APPLICATION FOR DEVELOPMENT APPROVAL AND SECTION 3;
MAKING A DETERMINATION OF NOT BEING A SUBSTANTIAL
DEVIATION; ~d4D, 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 this Resolution 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. 80-29, adopted October 24, 1989; and,
WHEREAS, the developer submitted a request to the City of
-Delray Beach that a change be made to the the DRI-DO to the effect of
adding a new use of "General Retail" along with a corresponding
decrease in intensity (floor area) of approved "Office Center" use so
as not to increase external traffic impacts; and,
WHEREAS, the City of Pelray Beach considered the requested
change to the DRI-DO concurrently with an amendment to Ordinance NO.
79-84, which establishes the zoning for the affected property; and,
WHEREAS, during said concurrent processing, the City
Commission previously made a determination that the prcposed changes to
the DRI-DO were not substantial; and,
WHEREAS, at the meeting of December 1, 1992, the City
Commission approved Ordinance 64-92, thus amending the zoning
regulations applicable to development of the waterford Place
D.R.I.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE
CiTY OF DELRA¥ BEACH, FLORIDA, AS FOLLOWS:
Seqtion ~. That the second WHEREAS clause of Resolution No.
49-85 is hereby modified to read as follows:
W}IEREAS, said Applicant proposes to construct
square feet of office space, ~ ~ F~ ~ 136.000
sGuare feet of ~eneral retail use, and 236 multi-family
residential dwelling units on 86.5 acres, constituting a
Development of Regional Impact on the rea! property fully
described in Exhi~lt "A" attached hereto and located in the
City of Delray Beach, Florida; and ....
Section ~. Thab the first portion of the CONCLUSIONS OF LAW
dealing with the Application for Development Approval is hereby
modified as follows:
1. The Delint Center Application for Development Approval is
incorporated herein by reference and relied upon by the
Parties in discharging their statutory dutles under Chapter
380, Florida statutes. Substantial compliance with the
representations contained in the Application for
Development 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 Development Approval
(ADA) shall include the following items: ADA, submitted
December 17, 1984, and supplemental information submitted
February 4, 1985, October 8. 1987, and the Conceptual Master
Development Plan. a.s approved by the City CQmmission ..on
December 1. 1992. To the extent that plans
submitted along with the application for and approval of
Special Activities District (SAD) rezoning differ from those
submitted for Development of Regional Impact approval, the
latter plans will control.
Section 3. That DRI-DO Condition 21 be modified by the
creation of subsections (A) and (B) as follows:
2I(A). The conditions of approval for the rezoning of the land to
SAD [Special Activities District), as contained in Ordiuance No.
79-84, ~$ ~mende~ by O~dinagce 64-92, are hereby incorporated into
this Development Order by reference, except for the site and
development plans referenced in Section 3 of Ordinance No. 64-92,
21(S). The Conceptual Master Development Plan approved by the
City CQmmission on December _~ 1992. is adopted and lpco~pora~ed
herein as substitute for the Development Plans submitted with the
ADA. Nothing herein shall be COnStrued to relieve the deveiQper
from obtaining C~t¥ of Delra¥. Beach approva[ for future proposed
changes to the site and development plans incorp~rated by sectiQ~
3 of Ordinance No. 64-92.
~ection 4. That the previous decision of the city Commission
that the proposed modifications to the waterford Place DRI does not
constitute a substantial deviation is hereby confirmed.
Section 5. That this resolution shall become effective
immediately upon its passage.
PASSED AND ADOPTED in regular session on this the . ~st day
of December__, 1992.
MAYOR
ATTE ST:
City Clerk
- 2 - RES. NO. -92
LAW OFFICES
BOOSE CASEY CIKLIN LUBITZ MARTENS MCBANE: 8= O'CONN£LL
A PARTNERSHIP INCLUDING PROFESSIONAL ASSOCIATIONS
JOSEPH L. ACKERMAN, JR. GREGORY S. KINO PHILLIP D. O'CONNELL, SR. (1907-1987)
BRUCE G. ALEXANOER, P.A. CHARLES A. LUBITZ, P.A.
JERALD S. BEER, P.A. EDWIN C. LUNSFORD OF' COUNSEL
WILLIAM R. BOOSE. Tr~, P.A. RICHARD L. MARTENS, P.A. JOHN L. REMSEN
MICHAEL W. CONNORS MORRIS G. (SKIP) MILLER 515 NORTH F'LAGLER DRIVE
ROBERT L. CRANE, P.A. BRIAN M. O'CONNELL, P.A. WEST PALM BEACH, F'LORIDA 33401
RONALD E. CRESCENZO PHIL D. O'CONNELL, JR., I~A. TELEPHONE (407)
LEE B. GORDON, ~J. KORY PARKHURST TELECOPIER (407) 833'4a09
MIKEL D. GREENE CHRISTOPHER J. TWOHEY
LYNDA J. HARRIS, R.A. ~IOHN R. YOUNG,
DEaRA A. ~ENK~ LONNI[ B. ~NGRILLO MAILING
~RIAN B. ~05LYN, EA. ESTHER A. ZAPATA P.O. DRAWER 0~4~
~ove~e~ 30, 1~2
V~]~.~ 407/243-3774
Mr, David J, Kovacs, Director
Department of Planning & Zoning
City of Delray Beach
100 N.W. 1st Avenue
Delray Beach, .Florida 33444
Re: Response to November 23, 1992 Letter - "Working on theWaterford
DRI-DO Modification"
Dear David:
You are correct in your observation that a couple of changes
included within our Notification of a Proposed Change are not
contained in any amendments to the original adopting action
(Resolution No. 49-85). As referenced in your letter, the language
of Condition 21(a), the "exception" in Condition 21 and the reference
in Condition 1 to material dated October 8, 1987, and a CMD submitted
in August 1988 were never formally adopted by the City. These were
part of a prior Notification of Proposed Change for this project,
and were suggested conditions to clarify subsequent amendments to
the DRI-DO. I called this to the attention of John Walker immediately,
and explained to him that we would leave it to your discretion to include
any of this clarifying language. In light of the fact that there
have been several amendments to the submittal materials and a
further change to the office square footage, perhaps it is best that
the original conditions remain unchanged.
With regard to your request that we submit a revised application for
the DRI-DO modification, there is no requirement that we submit a
formal revised Notification of a Proposed Change at this time.
However, attached to this letter is the tabular data from both the
Builders Square site plan and the Conceptual Master Development Plan
which were resubmitted by North-South Construction Corporation on
Wednesday, November 25, 1992. The tables reflect the initial
proposed 107,400 square feet of total building area, the 17,694
Mr. David J. Kovacs, Director
November 30, 1992
Page 2
square feet of garden center, and 10,907 square feet of lumber
staging area recently required to be included by the City. In
addition, a revised traffic analysis was submitted to the City as
part of our response to the Staff Report for this project.
Please do not hesitate to call me if you have any questions with
regard to these two matters.
Si.ncerely,
Gregory S. Kino
GSK/ag
Encls.
026-3156
cc: Tom McMurrian (364-9562)