Res 135-92 RESOLUTION NO. 135-92
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF
DELRAY BEACH, FLORIDA, REQUESTING THAT THE PALM
BEACH COUNTY BOARD OF COUNTY COMMISSIONERS
AUTHORIZE THE USE OF CERTAIN ROAD/TRAFFIC IMPACT
FEES IN CONJUNCTION WITH DEVELOPMENT OF THE
WATERFORD DEVELOPMENT OF REGIONAL IMPACT (DRI).
WHEREAS, the Waterford Development of Regional Impact (DRI)
is a previously approved development project which has vested
traffic which impacts the County Thoroughfare System; and,
WHEREAS, there is a proposed modification to the Waterford
DRI and said modification will exacerbate traffic congestion in
the vicinity of Linton Boulevard, Wallace Drive, and 1-95; and,
WHEREAS, the Waterford DRI has proposed a traffic congestion
mitigation program which involves the extension of a local
(municipal) collector street; and,
WHEREAS, the intersection of Wallace Drive (formerly
Germantown Road) and Linton Boulevard is of concern to the County
and at one time was a part of the County Thoroughfare System; and,
WHEREAS, the County'had previously allocated funds for the
design of Wallace Drive (formerly Germantown Road) so that it
could serve as an effective local (municipal) collector between
Linton Boulevard and S.W. 10th Street; and,
WHEREAS, the traffic congestion mitigation program will
result in the functional replacement of Wallace Drive (formerly
Germantown Road) with S.W. lOth Avenue extended from Linton
Boulevard to S.W. 10th Street; and,
WHEREAS, the City, through its Decade of Excellence Bond
Program, is prepared to contribute to the creation of the new
intersection of S.W. 10th Avenue and S.W. 10th Street, and
eliminate the existing, poorly designed intersection of Wallace
Drive and S.W. 10th Street; and,
WHEREAS, other private landowners along the routing of a new
S.W. 10th Avenue extension will provide the dedication of
right-of-way and an appropriate amount of construction; and,
WHEREAS, as a part of the traffic mitigation program, the
Waterford DRI will complete to its final configuration, the south
approach to the Linton Boulevard intersection with S.W. 10th
Avenue; and,
WHEREAS, the developers of the Waterford DRI have an
obligation to pay traffic/road impact fees to Palm Beach County;
and,
WHEREAS, it is desired that these funds be used immediately,
by the developer, to offset the costs of the traffic congestion
mitigation program; and,
WHEREAS, it is permissible, pursuant to the terms of the
County Traffic Performance Standards rules and regulations, that
in certain circumstances County traffic/road impact fees can be
used in conjunction with a development project and can be used on
other than roads identified as a part of the County Thoroughfare
System.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE
CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS:
Section 1. That in light of previous commitments and
current concerns of Palm Beach County regarding traffic and the
relationship of Wallace Drive (formerly Germantown Road), Linton
Boulevard, and S.W. 10th Street; the cooperative working
relationship which exists between the City of Delray Beach and
Palm Beach County; the participation of several owners of private.
property to cooperate in devising a solution to a traffic problem;
and the willingness of the developer of Waterford DRI to
participate in implementing a solution, the City of Delray Beach
hereby requests that the Palm Beach County Board of County
Commissioners allow the use of traffic/road impact fees which are
to be assessed to the Builders Square development for construction
of an extension of S.W. 10th Avenue between Linton Boulevard and
S.W. 10th Street and related improvements.
Section 2. Also, as the described program will mitigate
congestion created by other recently .approved developments, the
City of Delray Beach requests that traffic impact fees which have
been collected over the past twelve months, and which will be
collected within the next four months, from development projects
which have property fronting'along Linton Boulevard, east of 1-95,
be allocated to the S.W. 10th Avenue extension program.
Section 3. That the City Clerk is hereby directed to convey
this Resolution to the Palm Beach County Board of County
Commissioners.
PASSED AND ADOPTED in regular~ on ~his the 8th day of
December, 1992.~/~,~_
MAYOR
ATTEST:
- 2 - Res. No. 135-92
MEMORANDUM
TO: MAYOR AND CITY COMMISSIONERS
FROM: CITY MANAGER
SUBJECT: AGENDA ITEM #/~,~- MEETING OF DECEMBER 8, 1992
RESOLUTION NO. 135-92
DATE: December 4, 1992
This is a resolution requesting that the Palm Beach County
Board of County Commissioners authorize the use of certain
Road/Traffic Impact Fees in conjunction with the Development
of the Waterford DRI.
Recommend approval of Resolution No. 135-92.
CITY COMMISSION DOCUMENTATION
TO: ~-~~D T. HARDEN, CITY MANAGER
FROM: DAVID J. KOVACS, DIRECTOR
DEPARTMENT OF PLANNING AND ZONING
SUBJECT: MEETING OF DECEMBER 8, 1992
REQUEST TO PALM BEACH COUNTY RE CREDIT OF ROAD IMPACT
FEES 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 requests that the County
provide a credit for road/traffic impact fees, which are to
be collected for the Retail Use portion (Builders Square)
of the Waterford D.R.I.
BACKGROUND:
It is anticipated that the applicant for the Waterford D.R.I.
will come forward with a proposal to mitigate traffic
congestion, which will be intensified by changes to the
Waterford SAD/DRI.
It is anticipated that the proposal will include a component,
wherein Road/Traffic Impact Fees due under the County Traffic
Performance Standards Ordinance are to be used directly
inconjuction with the Builder's Square development. It has been
suggested that the amount of Impact Fee funds which would be
available range from $275,000 to $300,000. The manner in which
they will be used will be contained in the applicant's proposal
(not yet received).
In order for the Impact Fee to be used in such a manner, the
following must occur:
1. The municipality must request, by Resolution, the use of
the fees for direct mitigation.
2. The mitigation must be on the County roadway system or must
mitigate congestion which would otherwise be experienced on
the County roadway system.
3. The request is acted upon by the Board of County
Commissioners after review and recommendation has been made
by the County Administration.
City Commission Documentation
Request for Palm Beach County Re Credit of Road Impact Fees for
the Waterford D.R.I.
Page 2
Thus, assurance of the use of Impact Fees will not be ~m~
until Board of County Commissioner action occurs. Pending any
very special consideration, it is unlikely that this item would
be heard (by the County) until mid or late January. Thus,
appropriate conditioning of the associated SAD modification
ordinance is appropriate.
Please refer to the Resolution itself (WHEREAS clauses) for the
rationale upon which the request is being made.
PLANNING AND ZONING BOARD CONSIDERATION:
The Planning and Zoning Board has not formally reviewed this
item. However, at a work session on November 30th, there was a
consensus that a 10th Avenue extension program seemed
appropriate, and that County participation in funding a portion
of it would also be appropriate.
RECOMMENDED ACTION:
Adoption of the attached Resolution and direct the City Clerk to
transmit it to the Board of County Commissioners.
Attachment:
* Resolution
T: \CCDRIFEE
RESOLUTION NO. 135-92
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF
DELRA¥ BEACH, FLORIDA, REQUESTING THAT THE PALM
BEACH COUNTY BOARD OF COUNTY COMMISSIONERS
AUTHORIZE THE USE OF CERTAIN ROAD/TRAFFIC IMPACT
FEES IN CONJUNCTION WITH DEVELOPMENT OF THE
WATERFORD DEVELOPMENT OF REGIONAL IMPACT (DRI).
WHEREAS, the Waterford Development of Regional Impact (DRI)
is a previously approved development project which has vested
traffic which impacts the County Thoroughfare System; and,
WHEREAS, there is a proposed modification to the Waterford
DRI and said modification will exacerbate traffic congestion in
the vicinity of Linton Boulevard, Wallace Drive, and 1-95; and,
WHEREAS, the Waterford DRI has proposed a traffic congestion
mitigation program which involves the extension of a local ·
(municipal) collector street; and,
WHEREAS, the intersection of Wallace Drive (formerly
Germantown Road) and Linton Boulevard is of concern to the County
and at one time was a part of the County Thoroughfare System; and,
WHEREAS, the County had previously allocated funds for the
design of Wallace Drive (formerly Germantown Road) so that it
could serve as an effective local (municipal) collector between
Linton Boulevard and S.W. 10th Street; and,
WHEREAS, the traffic congestion mitigation program will
result in the functional replacement of Wallace Drive (formerly
Germantown Road) with S.W. 10th Avenue extended from Linton
Boulevard to S.W. lOth Street; and,
WHEREAS, the City, through its Decade of Excellence Bond
Program, is prepared to contribute to the creation of the new
intersection of S.W. 10th Avenue and S.W. 10th Street, and
eliminate the existing, poorly designed intersection of Wallace
Drive and S.W. 10th Street; and,
WHEREAS, other private landowners along the routing of a new
S.W. 10th Avenue extension will provide the dedication of
right-of-way and an appropriate amount of construction; and,
WHEREAS, as a part of the traffic mitigation program, the
Waterford DRI will complete to its final configuration, the south
approach to the Linton Boulevard intersection with S.W. 10th
Avenue; and,
WHEREAS, the developers of the Waterford DRI have an
obligation to pay traffic/road impact fees to Palm Beach County;
and,
WHEREAS, it is desired that these funds be used immediately,
by the developer, to offset the costs of the traffic congestion
mitigation program; and,
WHEREAS, it is permissible, pursuant to the terms of the
County Traffic Performance Standards rules and regulations, that
in certain circumstances County traffic/road impact fees can be
used in conjunction with a development project and can be used on
other than roads identified as a part of the County Thoroughfare
System.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE
CITY OF DELRA¥ BEACH, FLORIDA, AS FOLLOWS:
Section 1. That in light of previous commitments and
current concerns of Palm Beach County regarding traffic and the
relationship of Wallace Drive (formerly Germantown Road), Linton
Boulevard, and S.W. 10th Street; the cooperative working
relationship which exists between the City of Delray Beach and
Palm Beach County; the participation of several owners of private
property to cooperate in devising a solution to a traffic problem;
and the willingness of the developer of Waterford DRI to
participate in implementing a solution, the City of Delray Beach
hereby requests that the Palm Beach County Board of County
Commissioners allow the use of traffic/road impact fees which are
to be assessed to the Builders Square development for construction
of an extension of S.W. 10th Avenue between Linton Boulevard and
S.W. 10th Street and related improvements.
Section 2. Also, as the described program will mitigate
congestion created by other recently approved developments, the
City of Delray Beach requests that traffic impact fees which have
been collected over the past twelve months, and which will be
collected within the next four months, from development projects
which have property fronting along Linton Boulevard, east of 1-95,
be allocated to the S.W. 10th Avenue extension program.
Section 3, That the City Clerk is hereby directed to convey
this Resolution to the Palm Beach County Board of County
Commissioners.
regular s on his the 8th day of
December, 1992.
MAYOR
ATTEST:
City ClCrk
- 2 - Res. No. 135-92
CITY aF aEL lg¥
December 10, 1992
Commissioner Mary McCarty, Chairperson
P.O. Box 1989
West Palm Beach, FL 33402
Dear Commissioner McCarty:
Enclosed please find a copy of Resolution No. 135-92, requesting that
the Palm Beach County Board of County Commissioners authorize the use
of certain Road/Traffic Impact Fees in conjunction with the
development of the Waterford Development of Regional Impact (DRI).
Resolution No. 135-92 was passed and adopted in regular session by
the Delray Beach City Commission on the 8th day of December, 1992.
Sincerely,
Alison Macur~or Hart~
City Clerk
AMH:rs
Enclosure
£1T¥ DF DELRII¥ BEII[H
100 N.W. 1st AVENUE DELRAY BEACH, FLORIDA 33444 407/243-7000
December 10, 1992
Commissioner Ken Foster
P.O. Box 1989
West Palm Beach, FL 33402
Dear Commissioner Foster:
Enclosed please find a copy of Resolution No. 135-92, requesting that
the Palm Beach County Board of County Commissioners authorize the use
of certain Road/Traffic Impact Fees in conjunction with the
development of the Waterford Development of Regional Impact (DRI).
Resolution No. 135-92 was passed and adopted in regular session by
the Delray Beach City Commission on the 8th day of December, 1992.
Sincerely,
Alison Macur~or ~arr~y
City Clerk
AMH:rs
Enclosure
THE EFFORT ALWAYS ~/~ATTERS
December 10, 1992
Commissioner Maude Ford Lee
P.O. Box 1989
West Palm Beach, FL 33402
Dear Commissioner Lee:
Enclosed please find a copy of Resolution No. 135-92, requesting that
the Palm Beach County Board of County Commissioners authorize the use
of certain Road/Traffic Impact Fees in conjunction with the
development of the Waterford Development of Regional Impact (DRI).
Resolution No. 135-92 was passsd and adopted in regular session by
the Delray Beach City Commission on the 8th day of December, 1992.
Sincerely,
Alison MacGregor Hart~
City Clerk
AMH:rs
Enclosure
CITY OF [IELRI:IY
December 10, 1992
Commissioner Karen Marcus
P.O. Box 1989
West Palm Beach, FL 33402
Dear Commissioner Marcus:
Enclosed please find a copy of Resolution No. 135-92, requesting that
the Palm Beach County Board of County Commissioners authorize the use
of certain Road/Traffic Impact Fees in conjunction with the
development of the Waterford Development of Regional Impact (DRI).
~esolution No. 135-92 was passed and adopted in regular session by
the Delray Beach City Commission on the 8th day of December, 1992.
Sincerely,
Alison MacGr~or Hart~y
City Clerk
AMH:rs
Enclosure
[lTV DF DELI:ti:IV 8EI:iC i
December 10, 1992
Commissioner Warren Newell
P.O. Box 1989
West Palm Beach, FL 33402
Dear Commissioner Newell:
Enclosed please find a copy of Resolution No. 135-92, requesting that
the Palm Beach County Board of County Commissioners authorize the use
of certain Road/Traffic Impact Fees in conjunction with the
development of the Waterford Development of Regional Impact (DRI).
Resolution No. 135-92 was passed and adopted in regular session by
the Delray Beach City Commission on the 8th day of December, 1992.
Sincerely,
~n~M a c~~'~?Harb~
City Clerk
AMH:rs
Enclosure
CITY OF OELAI:I¥
December 10, 1992
Commissioner Burt Aaronson
P.O. Box 1989
West Palm Beach, FL 33402
Dear Commissioner Aaronson:
Enclosed please find a copy of Resolution No. 135-92, requesting that
the Palm Beach County Board of County Commissioners authorize the use
of certain Road/Traffic Impact Fees in conjunction with the
development of the Waterford Development of Regional Impact (DRI).
Resolution No. 135-92 was passed and adopted in regular session by
the Delray Beach' City Commission on the 8th day of December, 1992.
Sincerely,
Alison MacGre.gor Harty
City Clerk
AMH:rs
Enclosure
[lTV aF DELI:II:IV
December 10, 1992
Commissioner Carol Roberts
P.O. Box 1989
West Palm Beach, FL 33402
Dear Commissioner Roberts:
Enclosed please find a copy of Resolution No. 135-92, requesting
that the Palm Beach County Board of County Commissioners
authorize the use of certain Road/Traffic Impact Fees in
conjunction with the development of the Waterford Development of
Regional Impact (DRI).
Resolution No. 135-92 was passed and adopted in regular session
by the Delray Beach City Commission on the 8th day of December,
1992.
Sincerely,
Alison MacGregor Harry
City Clerk
AMH:rs
Enclosure
Board of County Commissioners County Administrator
Mary McCarty, Chair Robert Weisman
Ken L. Foster, Vice Chairman
Karen T. Marcus
Carol A. Roberts
Warren H. Newer
Burt Aaronson ~
Maude Ford Lee
December 15, 1992
~ison MacGregor Harty
City Clerk
City of Delray Beach
100 N.W. 1st Avenue
Delray Beach, FL 33444
Tha~6u for sending me a copy of Resolution No. 135-92, which was
pas~dand adopted by the City Comission, re~esting that the Palm
Beach County Board of County Co~issioners authorize the use of
certain Road/Traffic Impact Fees in conjunction with the
development of the Waterford Development of Regional Impact (DRI).
I have fo~arded the resolution to the CounT's Agenda Coordinator
to be placed on the next available agenda to be received and filed.
If I may be of further assistance, please don't hesitate to contact
me.
Sincerely,
Palm Beac/ unty Comission
~:cbt
cc: Diane Cahill, ~enda Coordinator
"An Equal Opportunity - Affirmative Action Employer"
~printedon rocycledpaper P.O. BOX 1989 West Palm Beach, Florida 33402-1989
Board of County Commissioners County Administrator
Mary McCarty, Chair Robert Weisman
Ken L. Foster, Vice Chairman
Karen T. Marcus
Carol A. Roberts
Warren H. Newell
Burt Aaronson ~
Maude Ford Lee
January 19, 1993
Ms. Alison MacGregor Harty, City Clerk
City of Delray Beach
100 N.W. 1st Avenue
Delray Beach, FL 33444
Dear Ms. Harty:
This letter acknowledges receipt of your Resolution No. 135-92
requesting that Palm Beach County authorizes the use of certain
road/traffic impact fees in conjunction with development of the
Waterford Development of Regional Impact and your Resolution No.
137-92 seeking participation and funding from the Palm Beach County
Metropolitan Planning Organization (MPO) for the purpose of
preparing a Transportation Mobility Element.
The Palm Beach County Board of County Commissioners officially
received and filed your correspondence at the January 5th Board
meeting. A copy of your Resolution No. 135-92 was forwarded to
George Webb, County Engineer and Kris Garrison, Executive Director
of Planning, Zoning & Building. In addition, a copy of your
Resolution No. 137-92 was forwarded to Randy Whitfield, Director of
the Metropolitan Planning Organization.
Sincerely,
Dianne Cahill
Agenda Coordinator
cc: George Webb, County Engineer
Kris Garrison, Executive Director
Randy Whitfield, Director
"An Equal Opportunity - Affirmative Action Employer"
Box 1989 West Palm Beach, Florida 33402-1989 FAX: (407) 355-3982