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Res 49-85 RESOLUTION NO. 49-85 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DELRAY BEACH, FLORIDA, MAKING FINDINGS OF FACT AND DETERMINING CON- CLUSIONS OF LAW PERTAINING TO THE DELINT CENTER; A DEVELOP- MENT OF REGIONAL IMPACT, AND CONSTITUTING THIS RESOLUTION AS A DEVELOPMENT ORDER BY THE CITY OF DELRAY BEACH IN COM- PLIANCE WITH LAW; PROVIDING FOR FURNISHING CERTIFIED COPIES; PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, Delint Ltd., Inc. has filed a Development of Regional Impact Application for Development Approval with the City of Delray Beach, Florida, in accordance with S380.06, Florida Statutes; and, WHEREAS, said Applicant proposes to construct 811,763 square feet of office space, a 250 room hotel 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, WHEREAS, the City Council, as the governing body of the local government having jurisdiction, pursuant to Chapter 380, Florida Statutes, is authorized and empowered to consider applications for development approval for developments of regional impact; and, WHEREAS, the public notice requirements of the Delray Beach Code and S380.06(7), Florida Statutes, have been satisfied; and, WHEREAS, the City Council on the 28th day of May, 1985, held a duly noticed public hearing on the Development of Regional Impact Application for Development Approval and has heard and considered the testimony taken thereas; and, WHEREAS, the City Council has received and considered the assessment report and reeommendations of the Treasure Coast Regional Planning Council; and, WHEREAS, the City Council has made the following FINDINGS OF FACT and CON- CLUSIONS OF LAW with regard to the Application for Development Approval: FINDINGS OF FACT A. The proposed Development is not in an area of critical state concern designated pursuant to the provisions of $380.06, Florida Statutes; B. The State of Florida has not adopted a land development plan applicable to the area in which the proposed Development is to be located; C. The proposed Development is consistent with the report and recommendations of the Treasure Coast Regional Planning Council submitted pursuant to ~380.06(11)(a), Florida Statutes; D. The proposed Development is consistent with the local comprehensive plan, zoning and development laws and regulations of the City. CONCLUSIONS OF LAW NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DELRAY BEACH, FLORIDA, in public meeting, duly constituted and assembled this 28th day of May, 1985, that the Development of Regional Impact Application for Development Approval submitted by Delint Ltd., Inc. is hereby ordered, APPROVED, subject to the following conditions, restrictions and limitations: 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 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 eondition~ the Application for Development Approval (ADA) shall include the following items: ADA~ submitted December 17~ 1984~ and supplemental information submitted February 4~ 1985. 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 Commencement and Prc~ress of Development 2. Failure to initiate construction within three years from the effective date of the Development Order~ or failure to maintain reasonable prog~'ess toward completion of 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 S380.06, Florida Statutes. Construction shall be deemed to have 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. Air 3. Clearing of specific building sites shall not commence until the developer is ready to build the building or buildings to be located on that site unless seeding and mulching of disturbed areas are undertaken within 30 days of completion of clearing work. 4. During land clearing and site preparation~ wetting operations or other soil treatment techniques appropriate for controlling unconfined emissions shall be undertaken and implemented by the developer to the satisfaction of the Palm Beach County Health Department and the Florida Department of Environmental Regulation. Historic and Arehaeolo~ieal Sites 5. In the event of discovery of any arehaeolog/eal artifacts during project eonstruetion~ the applicant shall stop construction in that area and immediately notify the Division of Arehives~ History and Records Management in the Florida Department of State. Proper proteetion~ to the satisfaction of the Division~ shah be provided by the applicant. Habitat~ Vegetation and Wildlife 6. In the event that it is determined that any representative of a plant or animal species designated as endangered or threatened on Federal~ State of Florida~ or Florida Committee on Rare and Endangered Plants and Animals lists is resident on~ or otherwise is significantly dependent upon the Delint Center property~ the developer shall cease all activities which might negatively affect that individual or population and immediately notify both the Florida Game and Freshwater Fish Commission and the U. S. Fish and Wildlife Service. Proper proteetion~ to the satisfaction of both a~eneies~ shall be provided by the developer. 7. The developer shall provide and maintain a buffer zone of native upland edge vegetation around wetland and deepwater habitats which are constructed on-site in aeeordanee with the following provisions. The buffer zone may consist of preserved or planted vegetation but shall include eanopy~ understory and ground cover of native species only. The edge habitat shall beKin at the upland limit of any wetland or deepwater habitat and shall include a total area of at least 10 square feet per linear foot of wetland or deepwater habitat perimeter. This upland edge habitat shall be located such that no less than 50 percent of the total shoreline is buffered by a minimum width of 10 feet of upland habitat. 8. Durir~ eonstruetion~ all Melaleuea~ Brazilian pepper and Australian pine which occur on-site shall be removed. Removal shall be in such a manner that avoids seed dispersal by any of these species. There shaU be no planting of pest exotic vegetation on-site. Drainage 9. The applicant shall design and construct the storm water management system to retain or detain with filtration~ ns a minimum~ the first l-inch of runoff or the runoff from a l-hour~ :~-year storm event~ whichever is geeater. Required retention volumes may be - 2 - Res. No. 49-85 accommodated in a combination of exfiltration trenches, vegetated swales, dry retention areas, lakes with vegetated littoral zones (as prescribed in Condition 10), or other suitable retention structures. In no case shall retention of any portion of this required volume be stored within impermeable storage structures, such as parking lots. Final drainage plans shall be submitted to the South Florida Water Management District, the City of Delray Beach, and the Treasure Coast Regional Planning Council. The plans shall include plan view and cross-sectional drawings certified by a professional engineer of the swale system, exfiltration trenches, lake system and outfalls to waters of the State; calculations of retention capacity in the swales and exfiltration systems and detention eopacities in the lakes; and aH pertinent elevations including existing seasonally high groundwater elevation, normal water level, design high water level and control structure inverts. 10. The developer shall establish a vegetated and functional littoral zone as part of the surface water management system and drainage canals occurring on the property. Prior to construction of the surface water management system for any phase of the project, the developer shall prepare a design and management plan for the wetland/littoral zone that will be developed as part of that system. The plan shall: 1) include typical cross sections of the surface water management system showing the average water elevation and the -3 foot contour (i.e. below average elevation); 2) specify how vegetation is to be established within this zone, including the extent, method, type and timing of any planting to be provided; and 3) provide a description of any management procedures to be followed in order to assure the continued viability and health of the littoral zone. The littoral zone as established shall consist entirely of native vegetation and shall be maintained permanently as part of the water management system. As a minimum, 10 square feet of vegetated littoral zone per linear foot of lake shoreline shall be established as part of the surface water management system. The plan shah be subject to approval by the City of Delray Beach, South Florida Water Management District, and the Treasure Coast Regional Planning Council prior to beginning any excavation activity. The plan shah be implemented and work inspected no later than 18 months after the lakes are excavated. Water Supply and Wastewater Il. The primary source of irrigation water shah be the surface water management system of lakes. In no case shah irrigation water be derived from municipal potable water sources. 12. At least 30 percent of the landscaped areas on-site, excluding rights-of-way, building courtyard areas and planting boxes which abut buildings shah be comprised of native vegetation. The location of vegetation areas shall be such that the watering and fertilization of non-native areas does not inhibit the management of the native vegetation areas in a healthy state. Fifty percent of the trees used in landscaping shall be native trees adapted to soil conditions on-site. 13. Water-saving plumbing fixtures shall be installed throughout the project. 14. Prior to the commencement of any construction activities, the developer shall obtain a valid agreement with the City of Delray Beach guaranteeing water and wastewater service to the entire project. Energy 15. In the final site plans, the developer shall incorporate those energy conservation measures identified on pages 25-4 and 25-5 of the Delint Center Application for Development Approval, and, to the extent feasible, measures identified in the Treasure Coast Regional Planning Council's Regional Energy Plan, dated May 1979. Transportation 16. The developer shall not receive building permits for more than the 250-room hotel, 118 residential units, and 100,000 square feet of office space until contracts have been let for the conversion of the northbound through lane to a right-turn lane has been provided on Congress Avenue at Linton Boulevard, the design of which has been approved by Palm Beach County. If the contract has been let by a non-public agency for the improvements, then Certificates of Occupancy for the 250-room hotel, 118 residential units and 100,000 square feet of office space shall not be issued until this improvement has been completed. - 3 - Res. No. 49-85 Further, the Development Order shall terminate if this road improvement has not been completed by December 31, 198'/, unless an extension of this date is agreed to by the developer, the City of De]ray Beach, and the Treasure Coast Regional Planning Council 17. The developer shall not receive building permits for more than the 250-room hotel, 236 residential units and a cumulative total of office space of more than 200,000 square feet until contracts have been let for the following improvements, the design of which has been approved by Palm Beach County, and the determinations by the Florida Department of Transportation have been provided to the City of De]ray Beach: A. The construction of an additional East and westbound through lane on Linton Boulevard at Congress Avenue; B. Linton Boulevard has been 6-1aned from Congress Avenue to Old Dixie Highway; C. An additional eastbound right-turn lane has been constructed on Linton Boule- yard at its intersection with Southwest 10th Avenue; D. The construction of a right and a left-turn lane on Southwest 10th Avenue at the intersection with Linton Boulevard; E. Linton Boulevard at the 1-95 interchanges has been restriped to the following configuration: Eastbound Three (3) approach lanes outside the interchange with two (2) through lanes and one (1) through lane dropped to a left-turn lane inside the interchange and two (2) departure lanes which widen to three (3) departure lanes with the third lane accommodating the northbound exit going East. Westbound Three (3) approach lanes outside the interchange with two (2) through lanes and one (1) through lane dropped to a left-turn lane inside the interchange and two (2) departure lanes which widen to three (3) departure lanes with the third lane accommodating the southbound exit going West. F. The construction of dual left-turn lanes on the southbound off-ramp at the Linton Boulevard/I-95 interchange; G. The Florida Department of Transportation (FDOT) has made a determination that the northbound and southbound on-ramps at the 1-95/Linton Boulevard inter- change will operate at level of service C during annual average conditions and level of service D during peak season conditions without widening the ramps to two (2) lanes and extending the ramps to provide for adequate merge operations during the next phase of proposed development. The developer shall provide to FDOT a traffic study which shall include anticipated growth in traffic projections as well as traffie generated by the 250-room hotel, 236 residential units and 400,000 square feet of office space to assist in making the required determination. If contracts for the improvements identified in subparagraphs A through F above, have been let by a non-public agency for said improvements, then Certificates of Occupancy for the cumulative total of 200,000 square feet of office space, 236 residential units, and a 250-room hotel shall not be issued until contracts for all improvements and determinations have been completed. Further, the Development Order shall terminate if the improvements identified in subparagraphs A through F have not been completed by December 31, 1988, unless an extension of this date is agreed to by the developer, the City of Delray Beach, and Treasure Coast Regional Planning Council. 18. The developer shall not receive building permits for more than the 250-room hotel, 236 residential units and a cumulative total of office space of more than 400,000 square feet until contracts have been let for the following improvements, the design of which has - 4 - l~es. No. 49-85 been approved by Palm Beach County, and the determinations by the Florida Department of Transportation have been provided to the City of De]ray Beach: A. A second northbound left-turn lane has been added on Southwest 10th Avenue at its intersection with Linton Boulevard; B. A second southbound left-turn lane has been provided on Congress Avenue at its intersection with Linton Boulevard; C. The Florida Department of Transportation (FDOT) has made a determination that the northbound and southbound on-ramps at the 1-95/Linton Boulevard inter- change will operate at level of serviee C during annual average conditions and level of service D during peak season conditions without widening the ramps to 2 lanes and extending the ramps to provide for adequate merge operations during the next phase of proposed development. The developer shah provide to FDOT a traffic study which shah include anticipated growth in traffic projections as well as traffic generated by the 250-room hotel, 236 residential units, and 600,000 square feet of office space. If contracts for the improvements identified in subparagraphs A and B, above, have been let by a non-public agency for said improvements, then Certificates of Occupancy for the cumulative total of 400,000 square feet of office space, 236 residential units, and a 250-room hotel shall not be issued until all improvements and determinations have been completed. Further, the Development Order shah terminate if the improvements identified in subparagraphs A and B have not been completed by December 31, 1991, unless an extension of this date is agreed to by the developer, the City of Delray Beach, and Treasure Coast Regional Planning Council. 19. The developer shall not receive building permits for more than a cumulative total of 600,000 square feet of offiee space, 236 residential units, and a 250-room hotel until contracts have been let for the following improvements, the design of which has been approved by Palm Beach County, and the determinations by the Florida Department of Transportation have been provided to the City of De]ray Beach: A. The eonstruetion of a second eastbound right-turn lane on Linton Boulevard at its intersection with Southwest 10th Avenue; B. The eonstruetion of a second westbound left-turn lane on Linton Boulevard at its intersection with Southwest 10th Avenue; C. The construction of a second northbound right-turn lane on Southwest 10th Avenue at its intersection with Linton Boulevard; D. The Florida Department of Transportation (FDOT) has made a determination that the northbound and southbound on-ramps at the 1-95/Linton Boulevard inter- change wiU operate at level of service C during annual average conditions and level of service D during peak season conditions without widening the ramps to 2 lanes and extending the ramps to provide for adequate merge operations through buildout of the proposed development. The developer shah provide to FDOT a traffic study which shah include anticipated growth in traffic projections as well as traffic generated by the 250-room hotel, 236 residential units and 812,000 square feet of office spaee. If contracts for the improvements identified in subparagraphs A through C above have been let by a non-pubUe ageney for said improvements, then Certificates of Occupancy for the cumulative total of 600,000 square feet of office space, 250- room hotel, and 236 residential units shah not be issued until improvements have been completed. Further, the Development Order shah 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 December 31, 1992, unless an extension of this date is agreed to by the developer, the City of De]ray Beach, and Treasure Coast Regional Planning Council. - 5 - Res. No. 49-85 20. The developer shall contribute an additional fifty cents per square foot for all office and industrial building 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. Local Issues 9.1. The conditions of approval for the rezoning of the land to SAD (Special Activities District), as contained in Ordinance No. 79-84, are hereby incorporated into this Develop- ment Order by reference. 22. The developer shall not receive building permits for development equating to more than 6,073 average daily trips (utilizing trip generation rates contained in the application for development approval) until contracts have been let for the improvement of Southwest 10th Avenue between Lindell Boulevard and Linton Boulevard to a 4-lane section con- structed in accordance with City specifications having bike lanes or their equivalent; the intersection of Lindell Boulevard and Southwest 10th Avenue as indicated on Map J-5 of The Application for Development Approval; and installation of a traffic signal at the intersection of Lindell Boulevard and Southwest 10th Avenue (unless the applicant can demonstrate that the traffic signal is not warranted at that time). If contracts for these improvements have been let by a non-public agency for said improvements, then Certificates of Occupancy for development equating to more than 6,073 average daily trips shall not be issued until all improvements have been completed. Further, no building permits shall be issued after December 31, 1988 unless the Contracts for the improvements to Southwest 10th Avenue have been let or the developer provides staff with evidence that the roadway is operating at level of service C or better. 23. The developer shall not receive Certificates of Occupancy for more than 118 residential units until a 5-foot sidewalk is constructed on the south side of Lindell Boulevard from Southwest 10th Avenue to the east property 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); = B. Construction of a right-turn lane on the south approach; C. Construction of a left-turn lane on the east approach (i.e. Lindell Boulevard); D. Construction of a right-turn lane on the west approach (i.e. Lindell Boulevard). 25. The developer shall apply for the abandonment of Lindell Boulevard and Germantown Road west of the hotel entrance prior to platting. In addition, the developer shall consent to and cooperate with the City's efforts to abandon Lindell Boulevard between Southwest 10th Avenue and the hotel entrance; subject to the dedication of any necessary easement~. 26. In accordance with Condition (m) contained in Section 2 of Ordinance No. 79-84, the developer shall pay Palm Beach County $35,000 prior to receipt of any building permit as its fair share of the cost of widening Linton Boulevard from four lanes to six lanes between Congress Avenue and Old Dixie Highway. This payment is in addition to any road impact fees otherwise required to be paid for the development, and is creditable against off-site roadway improvements made by the developer in accordance with the guidelines used for standard impact fee credits. This condition satisfies the requirement to enter into any agreement with the City of De]u-ay Beach as contained in Condition (m) of Ordinance No. 79-84. - 6 - Res. No. 49-85 BE 1T FURTHER RESOLVED BY THE CITY COUNCIL OF THE CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS: 27. The applicant shall provide the City of De]ray Beach with plans or maps showing the roadway alignments and necessary rights-of-way for all roadway improvements required by this Development Order within 90 days of a request from the City or prior to building permits. If it is determined by the City at that time that acquisition of such rights-of-way are not feasible, alternate roadway improvements shall be required or the project and the Site Plan shall be appropriately modified. The City shall make its decision regarding any project, or site modifications required under this paragraph on or before December 1, 1985. The developer shall comply with any regulatory or statutory requirements such as a substantial deviation determination, regarding any modifications to the project or the required road improvements. 28. Any modifications or deviations from the approved plans or requirements of this Development Order shall be submitted to the Planning Director for a determination by the City Council as to whether the change constitutes a substantial deviation as provided in §380.06(17), Florida Statutes. The City Council shall make its determination of substantial deviation at a public hearing after notice to the developer. 29. The City shall monitor the development of the project to ensure compliance with this Development Order. The City's Planning Director shall be the local official assigned the responsibility for monitoring the development and enforcing the terms of the Development Order. The Planning Director may require periodic reports of the developer with regard to any item set forth in this Development Order or in Ordinance No. 79-84 rezoning this property. 30. The developer shall make an annual report as required by ~380.06(16), Florida Statutes. The annual report shall include the following: A. Any changes in the plan of development, or in the representations contained in the Application for Development Approval (ADA), or in the phasing for the reporting year and for the next year; B. A summary comparison of development activity proposed and actually eon- ducted for the year; C. Undeveloped tracts of land, other than individual single family lots, that have been sold to a separate entity or developer; D. Identification and intended use of lands purchased, leased or optioned by the developer adjacent to the original DRI site since the Development Order was issued; E. An assessment of the developer's and local governments compliance with the conditions of approval and commitments contained in the DRI Development Order and the Application for Development Approval for the development undertaken; F. Any known incremental DRI applications for development approval or requests for a substantial deviation determination that were filed in the reporting year and to be filed during the next year; G. An indication of a change, if any, in local government jurisdiction for any portion of the development since the Development Order was issued; H. A list of significant local, state and federal permits which have been obtained or which are pending by agency, type of permit, permit number and purpose of each; I. A statement that all persons have been sent copies of the annual report in conformance with Subsections 380.(}$(14) and (16), Florida Statutes; J. A copy of any recorded notice of the adoption of a Development Order or the subsequent modification of an adopted Development Order that was recorded by the developer pursuant to Subsection $80.06(14Xd), Florida Statutes; and, - 7 - Res. No. 49-85 K. Any other information requested by the City Council or the Planning Director to be included in the annual report. 31. The definitions found in Chapter 380, Florida Statutes shall apply to this Develop- ment Order. 32. This Development Order shall be binding upon the developer and its assignees or successors in interest. It is understood that any reference herein to any governmental agency shall be construed to mean any future instrumentality which may be created and designated as successor in interest to, or which otherwise possesses any of the powers and duties of any referenced government agency in existence on the effective date of this Development Order. 33. The approval granted by this Development Order is conditional and shall not be construed to obviate the duty of the developer to comply with all other applicable local or state permitting procedures. 34. In the event that any portion or section of this Development Order is deemed to be invalid, illegal or unconstitutional by a court of competent jurisdiction, such decision shall in no manner affect the remaining portions or sections of this Development Order, which shall remain in full force and effect. 35. This Development Order shall become effective upon passage hereof and being signed by the Mayor and City Clerk. 36. Certified copies of this Development Order shall be transmitted immediately by certified mail to the Bureau of Land and Water Management, the Treasure Coast Regional Planning Council and Delint Ltd., Inc. PASSED AND ADOPTED in a public hearing held on this the 28~h day of IViay ,1985. ATTEST: City~erk - 8 - l~es. No. 49-85