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CORRESPONENCE Greiner Greinf.- Inc. P.O. C 31646 (33631-3416) , 7650 West Courtney Campbell Causeway Tampa, Florida 33607-1462 (813) 286-1711 FAX: (813) 287-8591 ill m :~::95m\m! August 23, 1995 Ms. Liberta Scotto Treasure Coast Regional Planning Council 3228 SW Martin Downs Blvd. Suite 205 Palm City, Florida 34990 PLM.)N!NC; !t:,c;~""'\..' ~ .rt.vvli _~__~_~~~,_I~i.~'.~10~l Dc ~~~'''_~~ Reference: Boynton Beach Mall Revised 1995 Annual Report Dear Ms. Scotto: As a result of our meeting yesterday, I have again reviewed the Annual Report and have made additional changes to correct several remaining errors in this report. The specific changes are as follows: 1. The response to Question 4 on Page 4 regarding the comparison of approved and completed square footage has been revised based on a recent site plan provided by the applicant. 2. Item 6 is revised to eliminate reference to the Great Western Bank Parcel. This property is not part of the DR! and represents the exchange of property between third parties not involved in the DR!. The applicant has no interest in this exchange. Based on our meeting yesterday, we understand that you will contact the City of Boynton Beach to confirm the square footage built to date. As I mentioned to you in our telephone conversation, we should be careful in reviewing these figures to make sure that we are making a proper comparison. Please note that all of the square footage referred to in the DR! Application and subsequent Development Orders and Amendments is gross leasable area. I am sorry for the inconvenience caused by errors in the previously submitted copies of this report. Please note that the enclosed report is dated August 22, 1995. All previous copies should be disregarded. Thank you for your cooperation and assistance. Yours truly . GREINER, INC. ~~~.~. ~ Thomas A. Marsicano Vice President TAM:sas Enclosure xc: City of Boynton Beach Planning Department Florida Department of Community Affairs Gary O'Nesti, Edward J. DeBartolo Corporation Palm Beach County Traffic Engineering Department Treasure Coast Regional Planning Council SAS:C:\OFFICE\WPWIN\WPDOCSIBOYNTONlANNUAL.RP1\SCOTI823.958/23/95 BOYNTON BEACH MALL DRI ANNUAL REPORT Prepared for THE EDWARD J. DEBARTOLO CORPORATION Prepared by GREINER, INC. August 22, 1995 SAS:C:\OFFICElWPWIN\WPDOCSIBOYNTON\ANNUAL.RP1\DRI-822.95 FORM RPM-BSP ANNUAL REPORT-l STATE OF FLORIDA DEPARTMENT OF COMMUNITY AFFAIRS DIVISION OF RESOURCE PLANNING AND MANAGEMENT BUREAU OF STATE PLANNING 2740 Centerview Drive Tallahassee, Florida 32399 904/488-4925 DEVELOPMENT OF REGIONAL IMPACT ANNUAL REPORT for BOYNTON BEACH MALL Subsection 380.06(18), Florida Statutes, places the responsibility on the developer of an approved development of regional impact (DRI) for submitting an annual report to the local government, the Regional Planning Council, the Department of Community Affairs, and to all affected permit agencies, on the date specified in the Development Order. The failure of a developer to submit the report on the date specified in the development order may result in the temporary suspension of the development order by the local government until the annual report is submitted to the review agencies. This requirement applies to all developments of regional impact which have been approved since August 6,1980. If you have any questions about this required report, call the DRI Planner at, (904) 488-4925. . Please send the original completed annual report to the designated local government official stated in the development order with (1) copy to each of the following: (a) The regional planning agency of jurisdiction; (b) All affected permitting agencies; (c) Division of Resource Planning and Management Bureau of State Planning 2740 Centerview Drive Tallahassee, Florida 32399 ANNUAL STATUS REPORT Reporting Period: March 1994 to March 1995 (Revised July 1995) Development: Boynton Beach Mall DRI Location: City of Boynton Beach Developer: Name: Address: The Edward J. DeBartolo Corporation 7620 Market Street Post Office Box 3287 Youngstown, Ohio 44512 SAS:C:\OFFICE\WPWIN\WPDOCSIBOYNTON\ANNUAL.RP1\DRI-822.95 1 1. Describe any changes made in the proposed plan of development, phasing, or in the representations contained in the Application for Development Approval since the Development of Regional Impact received approval. Note any actions (substantial deviation determinations) taken by local government to address these changes. a) Describe changes in the plan of development or phasing for the reporting year and for the subsequent years; There have been no changes in the plan of development or phasing during this reporting year. b) State any known incremental DR! 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; No requests for substantial deviation determination have been filed during this reporting period. A Notice of Proposed Change will be filed within the next year. c) Attach a copy of any 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 380.06(15)(t), F.S. The Board of County Commissioners of Palm Beach County approved a Development Order for the Boynton Beach Mall DRI on May 7, 1974 (Resolution No. R-74-343). This Development Order was subsequently adopted by the City of Boynton Beach on November 16, 1982 (Ordinance No. 82-38). The development order permitted 1,108,000 square feet of gross leasable area of commercial development. In August 1988, the applicant filed a Development of Regional Impact Application for Amended Development approval (AADA) with the City of Boynton Beach. The amended application proposed to construct an additional 136,449 square feet for a total of 1,244,449 square feet gross leasable area of commercial development. On December 19, 1989 the City of Boynton Beach conducted a public hearing on the AADA and adopted an Amended Development Order (Ordinance No 89-UUU). This amendment was appealed by the Department of Community Affairs and the Treasure Coast Regional Planning Council. Subsequent to this action, the Applicant agreed to revisions to the Site Plan consistent with the recommendations of the City of Boynton Beach and with the intent of the requirements of the Treasure Coast Regional Planning Council. The appeal was settled and on March 5, 1991, the City Commission of the City of Boynton Beach adopted an amendment to the Development Order which incorporated the Amended Application for Development Approval dated August 18, 1988, and SAS:C:\OFFICE\WPWIN\WPDOCSIBOYNTONlANNUAL.RPT\DRI-822.95 2 amending the prior Development Orders adopted by the City of Boynton Beach on November 16, 1982 and December 19, 1989. A copy of the Amended Development Order (Resolution No. R91-37) was previously submitted. 2. Has there been a change in local government jurisdiction for any portion of the development since the development order was issued? If so, has the annexing local government adopted a new Development or Regional Impact development order for the project? Please provide a copy of the order adopted by the annexing local government. There has been no change in local government for the reporting year. On November 16, 1982, the City of Boynton Beach annexed the proposed development and approved a development order for the Boynton Beach Mall (Ordinance 82-38). On April 8, 1988, the City of Boynton Beach annexed a 5.83 acre parcel (New Exhibit "A") included in the original development of regional impact area as a pine preserve area. A copy of the Amended Development Order (Resolution No. R91-37) which incorporates these two annexations was previously submitted. 3. Provide copies of any revised master plans, incremental site plans, etc., not previously submitted. A copy of the MasteI: Plan for this project as revised for the Amended Development Order (Resolution NO. R91-37) was previously submitted. 4. Provide a summary comparison of development activity proposed and actually conducted for the reporting year as well as a cumulative total of development proposed and actually conducted to date. The total approved development includes 1,244,449 square foot of gross leasable area. A comparison of development approved and completed to date is presented below. Sq. Ft. GLA Approved SQ: Ft. GLA * Constructed Sq. Ft. GLA Remainin~ 1,244,449 1,044,243 200,206 Based on DeBartolo Corporation Site Plan 51, 7/17/95. SAS:C:\OFFlCElWPWlN\WPDOCSlBOYNTON\ANNUAL.RPTlDRI-822.95 3 5. Have any undeveloped tracts of land in the development (other than individual single-family lots) been sold to a separate entity or developer? If so, identify tract, its size, and the buyer. Please provide maps which show the tracts involved. No peripheral tracts of land are included in this development. 6. Describe any lands purchased or optioned adjacent to the original Development of Regional Impact site subsequent to issuance of the development order. Identify such land, its size, and intended use on a site plan and map. None 7. List any substantial local, state, and federal permits which have been obtained, applied for, or denied, during this reporting period. Specify the agency, type of permit, and duty for each. No significant permits or approvals were obtained during this reporting period. 8. Provide a list specifying each development order condition and each developer commitment as contained in the ADA and state how and when each condition or commitment has been complied with during the annual report reporting period. The following is a listing of specific compliance actions associated with each of the Conditions of Development Order as Amended. A copy of the Amended Development Order (Resolution No. R91-37) was previously submitted. SAS:C:\OFFICElWPWINIWPDOCSIBOYNTONlANNUAL.RPTlDRI-822.95 4 CONDITIONS OF DEVELOPMENT ORDER AS AMENDED 1. Except as specifically amended herein, all conditions specified in the Development Order (Resolution No. R-74-343) and subsequent amendments to the Development Order for Boynton Beach Mall shall remain in full force and effect. This condition will be met. 2. Prior to issuance of a Building Permit for construction of additional square footage pursuant to this Amended Development Order, the Applicant shall cause the preservation as a native habitat preserve in perpetuity of that area described as "Limits of Pine Area: shown on Exhibit" 1" in the northwest quadrant of the site by recording appropriate Restrictive Covenants which, prior to recording, shall be approved by the Treasure Coast Regional Planning Council and the City of Boynton Beach. This condition will be met upon application of building permit. 3. Prior to commencing construction activity within the parcel containing the area to be preserved, (described by "Limits of Pine Area" shown on Exhibit" 1 "), the preserve area shall be temporarily fenced or otherwise delineated to prevent construction equipment from entering the area. This condition will be met by the Applicant. 4. All Brazilian pepper, Australian pine, and Melaleuca on the site (including within the Limits of the Pine Area) shall be removed within two years after the effective date of this Resolution and prior to issuance of a certificate of occupancy for any building constructed pursuant to this Amended Development Order. These species shall not be used in landscaping. This condition will be met by the Applicant. Development Program by that amendment was not implemented. 5. A landscaped buffer along the west boundary of the Pine Area and adjacent to Javert Street shall be provided in accordance with the plan attached as Exhibit" 1 " . This condition will be met by the Applicant. 6. A. The use of grassy swales to pretreat runoff before conveying any runoff to the detention ponds shall be utilized in the new parking lot additions, (and the parking lots shall be swept weekly) as shown on the Site Plan (Exhibit "2"). This condition will be met by the Applicant. SAS:C:IOFFlCEIWPWIN\WPDOCS\BOYNTON\ANNUAL.RP1\DRI-822.95 5 B. Littoral zone planting shall be established around the existing detention ponds utilizing native woody species. Prior to construction and planting of the littoral zones, the Applicant shall prepare a design and management plan for the littoral zone to be reviewed and approved by the Treasure Coast Regional Planning Council in consultation with the City of Boynton Beach and the South Florida Water Management District. The Plan shall (1) include a Pan view and site location; (2) include a typical cross section- of the detention pond; (3) specify how vegetation is to established within the littoral zones; and (4) provide a description of any monitoring and maintenance procedures to be followed in order to assure the continued viability and health of the littoral zones. No Certificate of Occupancy shall be issued for any additional square footage constructed pursuant to this Development Order until the Plan is determined to be consistent with the Regional Plan. Wherever possible a minimum often square feet of vegetated littoral zone per linear foot of shoreline shall be established so that at least sixty percent ofthe shoreline has vegetated littoral zone. Alternate design may be necessary due to physical constraints inherent in retrofitting these existing detention ponds. The littoral zone shall be in place prior to the issuance of a Certificate of Occupancy for any additional square footage to be constructed under this Amended Development Order. This condition will be met by the Applicant. 7. Under no circumstances shall post development runoff volumes exceed predevelopment runoff volumes for a storm event of three-day duration and 25- year return frequency. This condition will be met by the Applicant. 8. No building permit shall be issued for construction of any additional square footage under this Amended Development Order, until the developer has prepared a hazardous materials management plan for the expansion and the plans have been approved by the Treasure Coast Regional Planning Council and the City of Boynton Beach. The plan shall: A. Require disclosure by tenant of all hazardous materials proposed to be stored, use, or generated on the premises; A hazardous materials management plan will be submitted by the Applicant for approval . by the City of Boynton Beach and the Treasure Coast Regional Planning Council (TCRPC). B. Provide minimum standards and procedures for storage, prevention of spills, containment of spills, and transfer and disposal of such materials; This condition will be complied with as per the above referenced hazardous materials management plan. SAS:C:IOFFlCEIWPWINIWPDOCS\BOYNTON\ANNUAL.RP1\DRI-822.95 6 C. Provide for proper maintenance, operation, and monitoring of hazardous materials management systems, including spill and containment systems; This condition will be complied with as per the above referenced hazardous materials management plan. D. Detail actions and procedures to be followed in case of an additional spill; This condition will be complied with as per the above referenced hazardous materials management plan. E. Guarantee financial responsibility for spill clean-up; and This condition will be complied with as per the above referenced hazardous materials management plan. F. Require the inspection of premises storing, using, or generating hazardous materials prior to commencement of operation and periodically thereafter, to assure that the provisions of the plan are being implemented. This condition will be complied with as per the above referenced hazardous materials management plan. 9. No building permits for the Boynton Beach mall Substantial Deviation shall be issued until all right-of-way within the project boundaries have been dedicated, free and clear of all liens and encumbrances, to the City of Boynton Beach or Palm Beach County as necessary and consistent with the Palm Beach County Thoroughfare Right-of-way Protection Plan. No dedications are necessary to implement the Substantial Deviation. The Applicant will comply with this condition. 10.' No building permits shall be issued for the Boynton Beach Mall Substantial Deviation until contracts have been let for the following roadway improvements: A. Construct Old Boynton West Road between Military Trail and Lawrence Road as a four-lane divided roadway. Existing condition is a 5-lane undivided Old Boynton Road from Military Trail to Lawrence Road. See Exhibit 2 attached, the letter from Palm Beach County. No Certificates of Occupancy shall be issued for the Boynton Beach Mall Substantial Deviation until the improvements under A above have been completed. With respect to the construction of the roadway improvements, if the Treasure Coast Regional Planning Council (hereinafter the "Council") makes a change in its adopted Regional Comprehensive Policy Plan (hereinafter the "Plan") which does the following: (i) SAS:C:\OFFICE\WPWIN\WPDOCS\BOYNTON\ANNUAL.RPTlDRI-822.95 7 modifies its Level of Service standard for the Regional Roadway network; or (ii) modifies the methodology utilized to calculate the adopted Level of Service; and or (iii) modifies the method of calculating background traffic, such that if the Substantial Deviation were being reviewed under said modified policies none of the above roadway improvements would be required to maintain the Regional Roadway Network at the then applicable Council Level of Service through project buildout, then this condition will be terminated without further action by the City Commission or the Council. 11. No Building Permits shall be issued for the Boynton Beach Mall Substantial Deviation until contracts have been let to construct the following intersection configurations, including signalization modifications as warranted by City, County, or State criteria; A. Hypoloxo Road/Congress Avenue Northbound one right-turn lane two through lanes two left-turn lanes Southbound one right-turn lane two through lanes two left-turn lanes Eastbound one right-turn lane two through lanes two left-turn lanes Westbound one right-turn lane two through lanes two left-turn lanes B. Northwest 22nd Avenue/Congress Avenue Northbound one right-turn lane two through lanes two left-turn lanes Southbound one right/through lane two through lanes two left-turn lanes Eastbound one right-turn lane two through lanes two left-turn lanes Westbound one right-turn lane two through lanes two left-turn lanes C. Old Boynton West Road/Congress Avenue Northbound one right/through lane two through lanes two left-turn lanes Southbound one right/through lane two through lanes two left-turn lanes SAS:C:IOFFICEIWPWIN\WPDOCSIBOYNTON\ANNUAL.RPTlDRl_822.95 8 Eastbound one right-turn lane two through lanes two left-turn lanes Westbound one right/through lane two through lanes two left-turn lanes D. New Boynton Beach Boulevard/Congress Avenue Northbound one right-turn lane two through lanes two left-turn lanes Southbound one right-turn lane two through lanes two left-turn lanes Eastbound one right-turn lane two through lanes two left-turn lanes Westbound one right-turn lane two through lanes two left-turn lanes The existing 6 laning of Congress Avenue was completed from Boynton Beach Boulevard north to Miner Road. The 6-laning of Congress from Miner Road to Hypoloxo Road is scheduled for FY 97/98. See Exhibit 2 attached, the letter from Palm Beach County dated 8/14/95. E. New Boynton Beach BoulevardlI-95 West Northbound Not Applicable Southbound One right-turn lane two left-turn lanes Eastbound one right-turn lane three through lanes Westbound one right-turn lane two left-turn lanes F. New Boynton Beach BoulevardlI-95 East Northbound one right-turn lane two left-turn lanes Southbound Not Applicable Eastbound three through lanes two left-turn lanes Westbound one right-turn lane three through lanes All configurations shall be constructed and permitted in accordance with City, County, and State criteria. SAS:C:\OFFICElWPWIN\WPDOCSIBOYNTONlANNUAL.RPTlDRI-82295 9 No Certificates of Occupancy shall be issued for the Boynton Beach Mall Substantial Deviation until the improvements under A through F have been completed. With respect to the construction of the intersection improvements, (including signalization modifications) if the Treasure Coast Regional Planning council (hereinafter the "Council") makes a change in its adopted Regional Comprehensive Policy Plan (hereinafter the "Plan ") which does the following: (i) modifies its Level of Service standard for the Regional Roadway network; and or (ii) modifies the methodology utilized to calculate the adopted Level of Service; or (iii) modifies the method of calculating background traffic, such that if this Substantial Deviation were being reviewed under said modified policies none of the intersection improvements (including signalization modifications) would be required to maintain the Regional Roadway Network at the then applicable Council Level of Service through project buildout, then this condition will be terminated without further action by the City Commission or the Council. The improvements referenced in Condition 11. E. and F. above will be reviewed to determine if they Cl!e still necessary through a Notice of Proposed Change, to be submitted in 1995. 12. Prior to, or upon issuance of a building permit for the additional square footage, the Applicant shall pay a fair share contribution consistent with the Fair Share Impact Fee Ordinance applicable to the Boynton Beach Mall Substantial Deviation. This condition will be complied with by the Applicant. 13. No additional building permits shall be issued after December 31, 1991 unless a traffic study has been conducted by the developer, and submitted to and approved by Palm Beach County, the City of Boynton Beach and the Treasure Coast Regional Planning Council that demonstrates that the regional road network can accommodate a specified amount of additional Boynton Beach Mall generated traffic and growth in background traffic beyond 1989 and still be maintained at Level of Service C during annual average daily traffic and Level of Service D during the peak season, peak hour conditions. The traffic study shall: A. Be conducted in the peak season (January-March); and B. Identify the improvements and timing of those improvements necessary to provide Level of Service C under annual average daily traffic conditions and Level of Service D under peak hour, peak season conditions for the subject transportation network during the projected completion of the project, including project impacts and growth in background traffic. Additional building permits shall not be issued until a new project phasing program and roadway improvement program (necessary to maintain Level of Service C annual average daily and Level of Service D peak season, peak hour operating conditions) has been approved by Palm Beach County, the City of SAS:C:IOFFICEIWPWINIWPDOCSIBOYNTON\ANNUAL.RPTlDRI-822.9S 10 Boynton Beach, and the Treasure Coast Regional Planning Council for the remainder of the development. The traffic study referenced in Condition 13 will be conducted by the Applicant and submitted to and approved by Palm Beach County, the City of Boynton Beach and the Treasure Coast Regional Planning Council. 9. Provide any information that is specifically required by the Development Order to be included in the annual report. The information provided in the responses to Question 1 through 8 above meet the specific requirements for the Annual Report as outlined in the Amended Development Order for this project. 10. Provide a statement certifying that all persons have been sent copies of the annual report in conformance with Subsections 380.06(14) and (16), F.S. This is to certify that copies of this Annual Report have been forwarded to the following agencies or individuals: . City of Boynton Beach Planning Department Palm Beach County Traffic Engineering Department Treasure Coast Regional Planning Council Florida Department of Community Affairs Edward J. DeBartolo Corporation - Gary O~esti Person completing the questionnaire: ~4~-~ Thomas A. Marsicano . . . . Title: Vice President Representing: Greiner. Inc. SAS:C:IOFFICEIWPWIN\WPDOCSIBOYNTON\ANNUAL.RPT\DRI-822.95 11 WORK SHEET PLANNING . ZONING BOARD (7 Members) K€ZoAlI.O&- !rppLtC471bJJ AJa. If: RECEIPT NO. 1. NAME OF APPLICANT (l4 CI,) Art;. A,A~ l"EE_ 2. APPLICATION reviewed andt(nitia1ed by 'lannin9 Director 3. LOG IN ANALYSIS FILE ~h /p I 4. MAKE FOLDER WITH APPROPRIATE COLOR CODING .t//; 1'1/ 5.. !itiabl'hb 'C1.~.'~o'f~p"';t:'Z Miit ing")" :-""":{!*,lIff I~ I";~;' 6. Request list of property owner. ~~hin 4qO' by applicant to be checlced by l...._~ ."RRa 9~... ~ .,/t/11 7. Advertise twice (weekly) ~ Allowing 15 day. before P & Z Board Meeting for rst publication. 8. Type Notice of~ub1i9 Hearing (Attach Origin31 to Application). r~4~'( 'I ~ ~l a. Mail to *Applicant and Property Owners within 400' with covering notice. fore first public 'hearin on -"Irll Rezoninq I. HI' ~""Ulii.iAg ClR ClIiAel'sw Date mailed Obtain City Cleric's Approval .J.... ~istribute4eepi__ Ga~ ~~(V~ _J.__Ll 1ft] '.1 1) Mayor and Commissioners 2) City Attorney 3) Recording Secretary 4) City Manager's Secretary 9. 1/119{ 10. Send memo to Planning Director with copy of ad and any informatjon additional to that forwarded with application on day before adver- tisement. Memo to 11se papers being forwarded with any special instructions regarding return of original documents to City Cleric's Office. Send copy of memo and copy of ad to City Manager. J{ ,.?- CITY COMMISSION MEETING DATE @/~4/ - -:- Note on Applicant's Copy of Property Owners *TO APPLICANT: It is necessary for your or your representative to be present at the above stated meetings in order for your petition to be considered. COMPLETED ~~~/~I Revised 5-6-88 PZBD -- - . '. -- .. MINUTES - PLANNING & ZONING BOARD MEETtNG BOYNTON BEACH, FLORIDA JULY 9, 1991 OWNER ( s) : Boynton - JCP AssQC Ltd. LOCATION: Parcel at the northwest corner of the Boynton Beach Mall. DESCRIPTION: Request to rezone from C-3 (Community Commercial) to REC (Recreation) for the purpose of implementing the 1989 Comprehensive Plan. Jorge Gonzalez made the presentation. This application is being initiated to implement the Comprehensive Plan and is pursuant to the terms in the Boynton Beach Mall DRI which was approved by the Treasure Coast Regional Planning Council on February 15, 1991 and the City Commission on March 5, 1991, Resolution 91-37. The basis is the Comprehensive Plan which states that Boynton Beach Mall is seeking approval of a substantial deviation from the Boynton Beach Mall Development of Regional Impact to use part of this natural area for parking, in order to accODmodate an addi- tional anchor store. The natural area which remains after the completion of this deviation procedure should be placed in the Recreational land use category and the REC zoning district. The purpose of this application is to match the Amended Development Order that was approved for the Palm Beach DRI by the Treasure Coast Regional Planning Council, the City Commission and the 1989 Comprehensive Plan. There being no comments from the public, the pu~lic hearing was closed. Nathan Collins moved that the Board approve Application #28, Planning Area 7.d, to rezone from C-3 (Community Commercial) to REC (Recreation) for the purpose of implementing the 1989 Comprehensive Plan. The motion was seconded by William Cwynar and the motion carried 7-0. APPLICANT: City of Boynton Beach AGENT: Christopher Cutro, Planning Director PROJECT NAME: Application No. 15 (Planning Area 7.d) OWNER ( s) : Boynton - JCP Assoc Ltd. LOCATION: Parcel at the northwest corner of the Boynton Beach Mall. DESCRIPTION: Request to rezone from CG (General Commercial) in Palm Beach County to REC (Recreation) for the purpose of implementing the 1989 Comprehensive PIa n. - 13 - ,. ';",1- .;.J1Jh;o~,: .. MINUTES - PLANNING & ZONING BOARD MEETING BOYNTON BEACH, FLORIDA JULY 9, 1991 . Jorge Gonzalez made the presentation. This application is being initiated to implement the Comprehensive Plan and is pursuant to the terms in the Boynton Beach Mall DRI which was approved by the Treasure Coast Regional Planning Council on February 15, 1991 and the City Commission on March 5, 1991, Resolution 91-37. The basis is the Comprehensive Plan which states that Boynton Beach Mall is seeking approval of a substantial deviation from the Boynton Beach Mall Development of Regional Impact to use part of this natural area for parking, in order to accommodate an addi- tional anchor store. The natural area which remains after the completion of this deviation procedure should be placed in the Recreational land use category and the REC zoning district. The purpose of this application is to match the Amended Development Order that was approved for the Palm Beach DRI by the Treasure Coast Regional Planning Council, the City Commission and the 1989 Comprehensive Plan. There being no comments from the public, the public hearing was closed. Vice Chairman Lehnertz moved to recommend approval of Application #15, Planning Area 7.d, to rezone from CG (General Commercial) in Palm Beach County to REC (Recreation) for the purpose of imple- menting the 1989 Comprehensive Plan. The motion was seconded by 4It William Cwynar and the motion carried 7-0. RESTAURANT C-l ZONING Marilyn Huckle expressed her concern regarding the application made by Busch's Restaurant, specifically that a nighttime restaurant such as Busch's was proposing would have no legitimacy as an adjunct to an office. It is her opinion that restaurants should never be approved as conditional use in c-t zoning districts as they are not related in any way to the permitted use. Chris Cutro responded by saying that a conditional use should have conditions attached to it. He suggested that Planning and Zoning can initiate text changes to the zoning code. Discussion ensued among the Board members and Chris Cutro who suggested the Board develop some recommendations to C-l and further recommended looking selectively at some sites and creating a new zone, possibly considering the square footage involved. SPECIAL MEETING At the request of Mr. Cutro, August 1st was established for a second review of Chapter 19. 4It - 14 - Revisions to the transportation mitigation conditions are appropriate due to the completion of some of the previously required improvements, completion of additional improvements not addressed in the 1989 substantial deviation transportation analysis and changes in DR! review criteria. An updated Transportation Analysis based on current conditions is included as Appendix B. The specific changes requested are discussed in the response to Question 13. There are no changes in the proposed development Master Plan. The total approved square footage will remain at 1,244,449 square feet of gross leasable area. This total includes 1,108,000 square feet GLA approved under the original DO in 1974 plus 136,449 square feet GLA which was approved in the 1989 substantial deviation DO (resolution R91-37). According to City of Boynton Beach records, a total of 1,071,385 square feet GLA has been constructed to date. This leaves a balance of 173,064 square feet GLA to be completed. 6. Complete the attached Substantial Deviation Determination Chart for all land use types approved in the development. If no change is proposed or has occurred, indicate no change. No Change. 7. List all the dates and resolution numbers (or other appropriate identification numbers) of all modifications or amendments to the originally approved DRI development order that have been adopted by the local government, and provide a brief description of the previous changes (i.e., any information not already addressed in the Substantial Deviation Determination Chart). Has there been a change in local government jurisdiction for any portion of the development since the last approval or development order was issued? If so, has the annexing local government adopted a new ORI development order for the project? . The original Development Order for Boynton Beach Mall was approved as Palm Beach County resolution R-74-343 on May 7, 1974. The property was annexed into the City of Boynton Beach in 1982 and the majority of the project was constructed by 1987. . On March 5, 1991, the City of Boynton Beach adopted the First Amendment to the DO, resolution R91-37. The original and amended Development Orders are included in Appendix A. There has been no change in local government jurisdiction since the In <t approval or Development Order was issued. 8. Describe any lands purchased or optioned within ~ mile of the original DRI site subsequent to the original approval or issuance of the DRI development order. Identify SAS:CIOFFICEIWPWJN\WPDOCSIBOYNTONlNOPCI 095IAPPLlCA T.WPD10/24/9S ~,:~~~,~. :~; , ,,~~:;t")'X:\:\*!iij~i'~ ;;::,Please contact my office upon your ~et;eipt/!o'" , .. . coordinate either a ..telephone conference callorame~tin '; tC),assess how, next .to proceed~nthis 'matter. ;":!/;:\!~;;~,:/;i:';' ""', '~.~r.'(,'~".~, '_''''M~lli':":,('., ,.......t~; , :,,' . ...~. ", ,. '.:',' ".,.'-~ ' :, {:,;,,'.,,, ::..:\ t. :~~~-.I;.:/~." ,',_ _~,;~~~1,',j"\"'ff.t~~; , ,,~-,,<.,;..,~~: "M:"'~~'""(':: .'^, "~"':' ':,1";'\ ,-- _;r," ' .. '-~~t...., ",:'--:,".f,,:. ,~,_~.~_.'~:it:,'- .t-'",- ,'_I>:~, '1'" .,:': Again ~'),:thank 'you for your ongoing' 'asslsta:nce':' . and , courtesies. "V:W:,:; '. ;';'~~L:< Sincerely, SAMUEL . '<<,', ,SSG:mp . ::;~',;:<",;te~tersl,boynton/ conahan ,gt~'r<~' .~,_~:.',~>1, ,:,,~ ,."., ,'-:",' 1i;':~:'.\:':;:~6'~' ~ ~:':scott Miller 'City' Manager ,. , . ; 'Roger Sabers on , Esquire "1f, :'James A. Cherof,' 'City Attorney ....,i';;i}' '~.~;:l~t. f"'; "" MINUTES OF REGULAR MEETING OF PLANNING AND ZONING BOARD HELD IN COMMISSION CHAMBERS, CITY HALL" BOYNTON BEACH, FLORIDA, TUESDAY, MAY 14, 1991 AT 7:00 P. M. PRESENT Ma.urice Rosenstock, Chairman Gary Lehnertz, Vice Chairman Nathan Collins Cynthia Greenhouse Murray Howard Marilyn Huckle Shirley Stevens William Cwynar, Alternate Chris Cutro, Director of Planning Tambri Heyden, Senior City Planner Jorge Gonzalez, Assistant City Planner Jim Cherof, City Attorney ABSENT Efrem Hinson, Alternate Chairman Rosenstock called the meeting to order at 7:15 P. M. The meeting was delayed because the meeting of the Downtown Review Board (DRB) was held prior to this meet- ing. The presence in the audience of Mayor Arline Weiner, Commissioner Lynne Matson and Commissioner Jose' Aguila was acknowledged at the DRB meeting. AGENDA APPROVAL Mr. Cutro called attention to "B. SITE PLANS, NEW SITE PLANS," and said item 1, "Exxon Station" should be removed from the agenda. He explained that this application was subject to a variance, and the variance was not approved by the Board of Adjustment. Mr. Cutro further advised that item 13. "Applicant: City of Boynton Beach, Application No. 15," under "NEW BUSINESS, PUBLIC HEARINGS, REZONINGS" shQuld be pulled from the agenda because the legal description was not the same as the legal description on the stipulated *sett1ement from the Treasure Coast Regional Planning Council. New legal descriptions are being prepared, and he believed that item would be rescheduled two months from now. Ms. Greenhouse drew attention to "NEW BUSINESS, B. SITE PLANS, NEW SITE PLANS, 2, "Boynton Seventh Day Adventist Church" and "SITE PLAN MODIFICATION, 3, First Impressions Day Care Center". She wished to move them up on the agenda so they could be heard before the Conditional Uses. The agenda was approved with the corrections and additions. RECEIVED - 1 - MAY 21 PLANNING DEPT. %e City of ~oynton ~eacli 100 'E. 'Boynton 'BctUh. 'Boulevard P.o. 'Bo~31O 'Boynton 'BctUh., :Florida 33425.0310 City:J-(af[: (407) 734.8111 J"5lX: (407) 738.7459 OFFICE OF THE PLANNING DIRECTOR March 11, 1991 Attn: Ms. Donna Foster, Planner Development of Regional Impact Section State of Florida, Dept. of Community Affairs Division of Resource Planning and Management Bureau of State Planning 2740 Centerview Drive Tallahassee, FI 32399-2100 RE: Amended Development Order - Boynton Beach Mall Dear Ms. Foster: I am transmitting herewith a certified copy of the amended development order for the Boynton Beach Mall su~stantial deviation that was approved by the local governing body (City Commission) on March 5, 1991, pursuant to Chapter 28-10.011 (3) of the Florida Administrative Code. I am also transmitting a certified copy of the amended development order to the Treasure Coast Regional Planning Council. Sincerely, ~,~~ 9'~ TAMBRI J. HEYDEN Asst. City Planner TJH:frb Enc cc: Dan Cary, Executive Director, (:pti <Ii -- .;.J-<It ...~() l) Treasure Coast Regional Planning Council Certified Mail #P 041 546 605 Yl.merica's gateway to the (julf-'tream TREASURE COAST REGIONAL PLANNING COUNCIL MEMORANDUM To: Council Members AGOOA ITEM 5B From: Staff Date: February 15, 1991 Council Meeting Subject: Boynton Beach Mall Development of Regional Impact Substantial Deviation - Proposal to Settle Council's Appeal of Developmene Order Backaround At its April 21, 1989, meeting, Council reviewed the Application for Development Approval for the Boynton Beach Mall Development of Regional Impact Substantial Deviation and approved an assessment report and recommendation for transmittal to the local government pursuant to the requirements of 380.06(12), Florida Statutes. The Develop- ment Order (DO), which was subsequently adopted by the City of Boynton Beach, was reviewed by Council at its January 19, 1990, meeting. Council voted to enter an appeal of the DO to the Florida Land and Water Adjudicatory Commission (FLWAC) based on three issues (traffic impacts, habitat preservation, and water quality) which had not been addressed -in the DO -consistent with the intent of Council's recommendation. The appeal is currently scheduled to be heard March 26, 1991. Council has received a proposed amendment to the DO for review (attachment). If Council determines that the amend- ment adequately addresses regional concerns, it may direct counsel to dismiss the appeal filed with the FLWAC should the DO be so amended. Representatives of Boynton Beach Mall requested that discussion of the appeal be included on the agenda for February so that Council may act prior to FLWAC setting the agenda for the March hearing. council may be asked at the February Council meeting to consider yet another proposal to amend the DO. Analvsis Review of the proposed resolution (attachment) amending the DO indicates that regional concerns have been addressed in a manner consistent with that recommended by Council in its report and recommendation to the City of Boynton Beach. In addition to the inclusion of language addressing Council's recommendation regarding habitat preservation (Condition 2, " ''''", .... .., " page 5); language incorporating Council's recommendations regarding water quality (see Condition 6, pages 5-6); and language incorporating Council's recommendations regarding mitigation of traffic impacts (see Conditions 9-11 and 13, pages 7-1~); the amendment proposes new language which may restrict Council action in the future (see last paragraph of Condition ~O on page 8, and Condition 1~, page 10, 2nd and 3rd paragraph). This language is considered acceptable because it seeks only to ensure that Council's future recommendations will not have the effect of placing an unfair burden on this particular project. The added language provides for automatic termination of condi tions addressing roadway improvements and/or intersection improvements: 1) should a change in Council's traffic methodology or level of service make such improvements unnecessary to meet adopted levels of service; or 2) should Council approve another DRI without requiring similar roadway improvements where Council was not doing so for reasons of attaining other regional benefit. Two minor changes to the proposed resolution are suggested. New traffic information was received by Council's office on February 6, 1991, and reviewed at the applicant's request. The information provided indicates construction has already commenced for the widening of Congress Avenue. This information has been confirmed and the estimated completion date is April 1, 1991. Therefore, Condition lOA (page 8), is no longer necessary. Condi tion 13A on page 12 addresses the requirement for an updated traffic study, should building permits not be issued by December 3~, 1991, by specifying that the study be done during peak season (January-March) in 1991. Council's original recommendation called for an updated study should permits not be issued by December 31, 1989. The extension to December 31, 1991 was a concession to the amount of time which has passed since Council's original recommendation was made. The importance of the stipulation under condi tion 13A, however, is that it requires that the traffic study be conducted during the peak season. As the peak season of 1991 is well underway, no useful purpose is served by including reference to a year. Therefore, "1991" could be removed. The new information submi tted supports the original projection that Council's objective service volume standard will be exceeded on Old Boynton West Road by project buildout. No new intersection analyses were provided. The other traffic improvements recommended in Council's assessment report and included in the proposed amendment to the DO (attachment Conditions lOB and 1~) would, therefore, still be required to assure maintenance of adopted levels of service on the affected regional roads. 2 Recommendation council should authorize the Executive Director and Council's attorney to withdraw the appeal . if the ci ty of Boynton Beach adopts the proposed amendments to the Development Order as outlined in the attachment and revised as recommended above regarding Conditions lOA and l3A. Attachment 3 RESOLUTION NO. 91- ~~~~~.~~--7;7:, .:".~ t.; :t__~ ~ h. '. Amending prior Development Orders ~ .~- ~ Adopted November 16, 1982 and~.~::.,;.._;';;, '""...._~ . ~'.... *..~. .".' ~;;;~:;;;;~:;:~:f.'-_\'- ~" ~.- -"'~"P" _ December 19, 1989 A Resolution of the City Commission of the City of Boynton B.ach, P1orida, making findings and conclusions of law pertaining to the Boynton Beach Shopping Mall, a Development of ReqionaL Impact, aDd constituting this Resolution as a Develop- ment Order by the City of Boynton Beach in compliance with law: providing an effe~ive date: and providing a ter.mination date. WHEREAS, Applicant has had a Development Order approved by the Board of COUDty Commissioners of Palm Beach COUDty (-Reso- lution No. R-74-343l on May 7, 1974 which was adopted by the City on November 16, 1982: which per.mitted 1,108,000 square feet of gros. leasable area: aDd WBBRBAS, Boynton-JCP As.ociat.., Ltd. (-Applicant-) has filed a Developmant of Reqional ImIIac:t: Application for Amended DevelopmeDt:. Approval with th.. City of Boynton B.ach, Plorida, in accordance with Section 380.0&, Plorida Statutes: and WHEREAS, said Applicant propo..s to.construct a total of 1,244,449 square feet of commercial retail gros. leasable space on the reaL property whose leqal description is set forth in Exhibit - - (attached to Resolution 89-OUUl and located in the- City of Boynton Beacl1, P1orida: and WHEREAS, the City Commission as the governing body of the City of Boynton Beach having jurisdiction, pursuant to Chap- tar 380, Plorida Statutes, is authorized and empowered to con- sider Applications for Amended Development Approval for Develop- ments of Reqional Impact: and WHEREAS, the City Commission on the 19th day of ..,. ." December, 1989, held a du~y noticed public hearinq on the Devel- opment of Reqional Impact Application for Amended Development Approv&l and has heard and considered the test~ony taken thereat: and WHEREAS, th. Applicant ha.revised the Site Plan in accordance with recOJlllllendations of the City of Boynton Beach and consistent with the intent of the requirements of the Treasure Co..t Reqional Planninq Counci~ relative to the Pine Area in the northwest corner of the si.te as. shown on Exhi.bit ~l.. The Site Plan submitted as Exhibit -2. hereto is herein approved by the. City Commission and no further Site Plan review or variances are necessary to construct and occupy improvements in accordance with the Plan except as necessary to adjust parkinq ratios to imple- ment the recommendation of the Treasure Coast Reqiona~ Planninq Council. and the City of Boynton Beach reqardinq . the Pine Area: and WHEREAS, the Ci.~ Commission has received and con- sidered th.. assessment report and recoaaendations of the Treasure Coast Reqional Pl~~~i~q ~: and WHEREAS, the Treasure Coast Reqional Planninq Council has appeaJ.ed. the Amended Devel.opment Order adopted December 19, 1989 and. th.Applicant ha& aqreed. to certain modifications to the Amended Development Order as set forth herein, therefore, thia Resolution shall be deemed to be a settlement of the appea~. WHEREAS, the City Commission has made the followinq Pindinqs of Fact and Conclusions of Law. FINDINGS OF FACT 1. The proposed Development is not in an Area of Critical State Concern desiqnated pursuant to the provisions of Section 380.06, Florida Statutes: - 2. - - .__..-.--_._-------~_._-'-_._'--_._--------_._'-...------- .-.._---~.- ----- statutory duties under Chapter 380, Florida Statutes. The AppLi- cant is Boynton-JCP Associates, Ltd. and shall hereafter include the successors and as.iqns of Boynton-JCP Associates, Ltd. Sub- stantial compliance with the representations contained in the Ap- plication for Amended Development Approval as modified by the terms. and conditions herein is a condition of approval. Par pur- po.es of this condition, the Application for Amended Development Approva~ shall includa the followinq items: Application for Development Approval submitted Auqust 18, 1988, and supplemental infor.mation submitted September 14, 1988 and December 12, 1988. Commencement and Proqress. of Development 2. Pailure to initiate construction and physical development within two years from the effective date of the Development Order, or failure to maintain reasonable proqress toward completion of the development after havinq initiated con- struction in a time~y manner, shaLL constitute a substantial deviation and the developaume- shaLL b. submited to further review. pursuant to Section 380.06,. Florida Statutes. Construct:.t.on sh&l.1. b. d....d to have been i:Utiated and physica~ development cOJlllllencecl after placement of permanent evi- denc.. of a structure (other than a mobile home) on a site, such a.. th.. pourinq of slabs or footinqs or any work beyond the staqe of excavation or land clearinq. Ter.mination Date 3. This Development Order shall terminate on December 31, 2010 unless. extended by the City CoDDllission. Nothinq herein shal~ limit or extinquish any vested riqhts of the Applicant, its successors or assiqns ~eqardinq the existinq 1,108,000 square foot of qro.s leasable area of the existinq Boynton Beach Mall. - 4, - ~ .., 2. The State of development plan applicable Development is to be located ~ Florida has not adopted a land to the area in which the proposed 3. Th. proposed Development is consistent with the report and recommendations of the Treasure Coast Reqional Plan- ninq Counc~ submitted pursuant to Section' 380.06(12)(2), Florida Statutes, 4. The proposed Development is consi.stent with the local comprehensiv~ plan, zoninq and development laws and regula- tions. of the City. . If the Cd. ty staff . requests a Comprehensi ve Plan Amendment or rezoninq of the Pine Area as. defined in Condi- tion 2 in the future, th~ Appli.cant wil~ comply with such request. 5 . The premises. are correct:. and hereby accepted. by the Ci. ty . CONCLUSIONS OP LAW NOW', TBBREJ'OR& BE" I'J!' RESOLVED BY TBB. aTY COMMISSION OP TBB CITY or BOYN'.rOH BEACK.. PLOIUDA, in. public meet:inq, duly con- stituted and' a..ellUUeci: this day of 1991, that the Development. of Reqiona.l. Impact Application for Amended Development Approval approved December 19, 1989 is hereby modified,. by replacinq th~ condition., restrictions and limita- tion. under: the headinqs .CONCLUSIONS OP LAW. and .CONDITIONS OP DEVELOPMENT ORDER AS AMENDED- in paqes 4 throuqh 8, set forth in Resolution No. 89-UUU with the- followinq conditions, restrictions and LURitation.: A~plication for Development Approval 1. The Application by Boynton-JCP Associates, Ltd. for Amended Development Approval is incorporated herein by refer- ence and relied upon by the Parties in discharqinq their - 3 - CONDITIONS OF DEVELOPMENT ORDER AS AMENDED 1. Except as spec~fically amended herein, all condi- tions specj,f:ied: in th.. Development Order ( Resolution No. R-74-343) and sul)aequent amendments to the Development Order for Boynton Beach Mall shall remain in full force and effect. 2. Prior to issuance of a Bui.ldinq PerIUt for con- structLon of ad~tional square footaqa pursuant to this Amended Development Order, th.. Applicant shall cause the preservation as a native habitat preserv~ in perpetuity of that area described aa "Limits. of Pin. Area" shown on Exhait "1" in the northwest quadrant of th.. site by recordinq appropriate Restrictive Cove- nants which, prior to recordinq, shall be approved by the Trea- sure Coaat Req'ionaJ. Planninq Councll and the City of Boynton Beac.tt. 3. Prior to c~cinq. construction acti.vity within the parcel containinq the area to be- preserved. (described by "L.imi.ts ot: Pine Area" sbowJIL om Bxhibi.~ ~") . the preserve area sball be- teaporarlly fllJlCect or othexwi.. delineated to prevent COlUltruc:t:ion eq1UpIMD.~ frOD eIl1:er:inq the area. 4. All Sranllan papper, Australian pine, and MelAleuc:a on the- -si.ta (includinq within the Limits of the Pine Are.l stiaJ.J. be removed within two years after the effective date of this Resolution and prior to issuance of a certi.ficate of occupancy for any bui.ldinq constructed pursuant to this- Amended Development Order. These species shall not be used in landscapincr. s. A landscaped buffer alonq the west boundary of the Pine Area and adjacent to Javert Street shall be provided in accordance with the plan attached as Exhibit "1". 6. A. The use of grassy swales to pretreat runoff - s - W' .., ,I before conveyinq any runoff to the detention ponds sball be uti- lized in the new parkinq lot additions, (and the parkinq lots shall be swept weekly) as sbown on the Site Plan (Exhibit" 2. ) . B. Littoral zone plantinq sball be establisbed around tbe existinq detention ponds utilizinq native woody spe- cies. Prior to construction and plantinq of the littoral zones, the Applicant shal~ prepare a d.siqn and manaqement plan for the littoral zone to be reviewed and. approved by the- Treasur. Coast R.qional Planninq Council in consultation with the City of Boyutan Beach and the South Florida Water Manaqem.nt District. Tbe Plan shall (1) include- a Plan view and site location: (2') include a typical cross section of the detention pond: (3) spec- ify h~ veq.tation is to be- estahlished within the littoral zon..: and (4) provide a d.sC%'i.ption of any moni torinq and main- tenance proc.dur.... to be- followed in ord.r to assure- the con- tinued viability and. health o~ tbe littoral zones. No Certificate of Occupancy sha.l~ be issued for any adcti tional. square footaqe- constructec:r=pursuant to t.1ti.s Developm.nt Ord.r until the Plan is. determined' to be. consist.nt: with the Reqional Plan. Wherever pos.ible &: IId.J:ziJmm ot! t.n square- feet: of v.qe- tated. littoral. zone- per I..i.n.az: foot of sboreline- sball be estab- lisbed so that: at l...t suty percent of the sbor.line has a veq- etated Uttoral zone.. Alternate- desi.qn may be necessary due to physi.cal constraints inh.rent in retrofittinq these existinq detention ponds. The littoral zone sball be- in place prior to the issuance of a Certificate of Occupancy for any additional square footaqe to be constructed under this Amended Developm.nt Order. 7. Onder no circumstances sball post dev.lopment runoff volumes exceed pred.velopment runoff volumes for a storm ev.nt o~ three-day duration and 25-year return frequency. 8. No buildinq permit sball be issued for - 6 - '. const:ruction 'of any additional square footaqe under this. Amended Development Order, until tne developer has prepared a hazardous mat:erials. manaqement plan for the expansion and the plans have been approved by the ~reasure Coast Reqional Plannin~ Council and the Cit:y of Boynt:on Beach. ~he plan shall: oua mat:erial.. premise., A. Requir~ disclosure- by tenant of all hazard- proposed to be st:ored. used, or generated on the B. Provide minimum st:andards and procedures for storaqe. prevention of spills, containment of spills, and trans- fer and disposal of such mat:erials, C. Provide for proper maintenance, operation, and monitorinq of - hazardous materials manaqement syst:ems, includinq spill and conta.inment: systems, O. Detail. actions and procedure.. to be followed in. ca.e of an accident:aL stdll; B. Guarant.. financial. responaihilit:y for spill clean-up, and P. Reqairl!t th.. inspection of premises storinq, usin~, or generating hazardous materials prior to commencement of operation and periodically thereaft:er, to assure that the provi- sions of the plan are bein~ implemented. 9. No buildinq- permits for the- Boynton Beach Mall Substantial Deviation shall be issued until all riqht:-of-way within the project: boundaries have- been dedicat:ed, free and clear of all liens and encumbrances, to the City of Boynton Beach or Palm Beach County as necessary and consistent with the_ Palm Beach County ~horouqhfare Right-of-way protect:ion Plan. No dedications are- necessary to implement the Substantial Deviation. - 7 - ... .., 10: No buildinq permits shall be issued for the I. ..Jf. Boynton Beach Mall Substantial. Deviation until conaacts have I been let for the following roadway improvements: A. Construct Congress Avenue between N.W. 22nd Avenue and Nev Boynton Beach Boulevard as a six-lane divided roadway J and B. Construct Old Boynton West Road between Mili- tary Trail and Lawrence Road as a four-lane divided roadway. No Cert~icates. of Occupancy shall b& issued fo~ the Boynton Beach Mall Substantial Deviation until the improve- ments under A and B above have been completed. With respect to the construction of the roadway improvements, if the Treasur& Coast ReqiolUll. P l~g Council. (hereinafter the - Cound.l-) maXes a chang. ~ its adopted Reqional Comprehensive Policy Plan (hereinUte: the -Plan-') which does the following: (i) modifies its Level. of SeJ:Vic.. stanq~nl for the< Reqional.. Roadway network; or (ii l lIIOCU..fie.. the lllethodoloqy Iltillzed. ta calculate the- adopted Level. of Service;- OJ: (iii l lIIOdifie. the method of calcu- latinq baCkground traffic". such that if this Substantial.. Oevia- tion were being reviewed under said modified policies; non. of the above roadway improvements wou.ldbe required to maintain the Reqional Roadway Network at the then appllcable Council. Level. of Service through project buildout, then this condition will be terminated without further action by the City Commission or the Council. ll. No Building Permits shall. be- issued for the Boynton Beach Mall. Substantial Deviation until contracts have been let to construct to the followinq intersection confiqura- tions, includinq siqnallzation modifications as warranted by City, County, or State cri.teri.a: - a - A. Hypo~OXO Road/Conqres. Avenue Northbound Southbound one- riqht.-turn lane two throuqh lanes two left-turn. lanes, one riqht~turn lane- two throuqh lanes two ~eft-turn lanes Eastbound Westbound one riqht-turn lane two throuqh lane. two left-turn lanes one riqht-turn lane two' throuqh lanes two left-turn lanes B_ Northwest 22nd, Avenue/Conqress' Avenue Northbound Southbound one riqht-turn lane. one riqht/throuqh lane- two throuqh lanes one throuqh lane one- left-turn lane one left-turn lane Eastbound Westbound one riqht-turn lan. one riqht-turn lane one throuqh lane- two throuqh lanes ana- left-turn. lane. one left-turn lane C. O~d Boynton West Road/Conqre.. Avenue Northbound one riqht/throuqh lan.. two throuqh lane. two left-tu:cn lan.. Ea.tbound: Southbound one riqht/throuqh lane two throuqh lane. on.. left-turD lan.. We.tbound one riqht-tw:n lane one throuqh lana- two left-turn lanes one riqht/throuqh lane one th:ouqh lane one left-turn lane D. New Boynton Beach Boulevard/Conqre.. Avenue- Northbound Southbound one riqht.-turn lan.. three- throuqh lanes' two left-turn lane. one riqht-turn lane three throuqh lanes two left-turn lanes Eastbound We.tbound one riqht-turn lane three throuqh lane. two left-turn lane. one riqht-turn lane three throuqh lanes two left-turn lane. E. New Boynton Beach Bou~evard/I-9S West Northbound Southbound Not App~icab~e. one riqht-turn lane two ~eft-turn lanes Eastbound Westbound one-riqht turn lane three th:ouqh lane. three throuqh lanes two left-turn lanes - 9 - ...,. .., F. New Boynton Beach Boulevard/I-95 East Northbound Southbound on.. riqht-turn lane two left-turn lanes Not Applicable Eastbound Westbound, one riqht-turn lane three- throuqh lanes three throuqh lanes two left-tUCl lanes. All. co~iquratiQna shal.l be constructed and per- mtted in accordant:e with City, County, and State criteria. No Certificates of Occupancy shall be issued for the Boynton Beach Mal.l Substantial. D.eviation until. the improve- ments under A throuqh F have been completed. With respect to the construction of the intersection improvements, lincludinq siq- nalization mod~ications) if the Treasure Coast Reqional Plan- Iti.nq- Council (hereinafter the .Council-) makes a chanqe in its adopted R8CJionaJ. Comprehensive POlicy Plan (herei.nafter the .Plan-) which doe. the followi.nq: Ii) modifie.. its Level of Ser- vice standard for the R8CJiozuU. Roadway networkf or (il) modi.fies. the methodoloqy utllized to calculate the adopted Level of Ser- vice f or I ii.i) modifies. the method o~ cal.culatinq ba~qround traffia, such that if this Subrtantial Deviation were bei.nq reviewed under sud modified. policies none of the intersection improvements. ( incl.udinq siqnalization mod~icatioDS) would be required to maintain th.. R8CJional. Roadway Network a.t the then applicable Council. Level. of Service throuqh project buildout, then this condition will. be- terminated without further action by the City Commission or the Council. If another DRI, or substantial. deviation to a previ- ously approved DRI,. is projected by Council to add Siqnificant Traffic. Impact to. any of the roadway links or intersections listed within conditions. 10 and 11. above and the Council, in its report and recommendation required under Section 380.06(12) issued to the applicable local. qovernment, does not recommend - 10 - that if the loca~. qovernment approves the' projec~ that the approva~ be conditioned upon the. above roadway link improve- ments/intersection improvements bein~ completed (unles.. said improvements- have iUready been completed) prior to the issuance of any C~icate..of Occupancy, then this project, to the same extent';, shall be relieved of the above conditions unless. the Counc~ ha~~ rational basis to treat the projects differently and su~ rational basis is set forth in the Councils, report of recommendations. Rational basis sha~l inc~ude, but shall not be limi.ted. to:. (i) that the- reason for not requirinq the comple- tion or the improvements is that the. project then under consid- eration will resu~t in the achievement'; of benefits under other policies in the Plan: or (ii) that the DRJ: or Substantial Devia- tion under consideration otherwise qualifies for an exception (contained in the Plan I to the Council transportation policy. The standard used in detll%2llinin~ if the Council has properly treated the project: dUferentJ.y saul be the fairly debatable standard. .Si~ic:ant Traffie ~ct. is. defined as: trip qeneration and trip aaaiqmaent equal ta CIr greater than the trip qeneration qen- erated. and. asaiqned. by thea Coun~ to. al.l. or the above roads and intersection. by the Boyu'tOA. Seacl1 Ma.l~ Substantial Deviation (which proposes to add. 136,449 square feet of qros.. leasable- area I . 12. Prior to,. or upon issuance- or a buildinq permit for the additional square footaqe, the Applicant shal~ pay a fair share contrihution consistent with the F&Lr Share Impact Fee Ordinance- appliCable to the Soynton aeach Ma~l Substantial Devia- tion. 13_ No additiona~ buildinq permits shall be issued after December 31, 1991 unless a traffic study bas been conducted by the developer, and submitted to and approved by Palm Beach County, the City of aoynton Beach and the Treasure Coast Reqional - 11- .., .., P1anninq COUDc~ that demonstrates that the reqiona~ rqad network can accomodate a.. specified amount of additiona~ Boynton Beach Mal~ qenerated traffic and qrowth in backqround traffic beyond 198~ and sti~~ be maintained at LeveL of Service C durinq annual averaqa dai~y traffic and Level of Service D durinq the peak sea- son~ peak hour conditions. The traffic study sha~~: A. B. conducted in the 1991. peak season (Janwu:y-March): and B. Identify the improvements and timinq of those improvements necessary to provide Leve~.of Service C under annua~ averaq. dai~y traffic conditions. and Level of Service D under peak hour, peak season conditions for the subject transportation network durinq the. projected completion of the project, includinq project. impacts and qrowt:h in bacJcqround traffic. Addi.tiona~ buildinq perm.i.ts shal~ not b~ issued unti~ a n.... project pba.inq proqrlUll and roadway improvement proqram. (ne~ e.sary to ma;l.nt:ain Leve~ of- Se:vic.. <: &JU1ua~ averaq& daily and Leve~ of Service D peak season,. peeJc. hour operatinq condi.tions) has, been approved by Palm. Beach County, th... City ~ Boynton aeach, and th. Treaaur. Coast ReqionaJ. P 1anninq COUDc~ for the rema.inder of th. development. BE rr FURTHER RESOLVED BY THE CJ:TY COMMISSION OF THE CJ:TY OF BOYNTON BEACH, PLORIDA, AS POLLOWS: 1. Any modifications or deviations from the approved plans or requirements of this Development Order shalL be sub- IDitted to the- Planninq Director for a determination by the City Commission of the City of Boynton Beach as to whether the chanqe constitute. a substantial deviation as provided in Section 380.06(19), Plorida Statutes. The City Commission of the City of Boynton Beach sha~~ make its determination of sub8tantia~ devia- tion at a pub~ic hearinq after notice to the Applicant. - 12 - det~ation that was filed in the reportinq year,or is antici- pated to ~e. filed durinq the next year~ G. An Uldication of a chanqe-, if any, in local government jurisdiction for any portion of the.deve~opment since the Development Order was issued~ H. A list of siqnificant local, State, and fed- era~ p8%JDita which have been obtaUled or which are pendinq- by aqency, type of permit, permit number, and purpose of eacht I. Th.. annual report shal~ be transmitted to the City o~ Boynton Beach, the Treasure Coast Reqional Planninq Coun- cil, the Plorida Department of Community Affairs, the Plorida Department of Natural Resources, and such additional parties as may be appropriate- or required by law t J. A copy of any recorded notice of the adoption o~ a- Development Orde: or the subsequent modification of an adopted Development Orela:::. that wall' recorded by the Applicant pur- suant to Subsection. 380.Q6.(15),. Plorida. Statutes, and It. Any o1:.ber ~ormatioD reasonably required by th.. City COIIlIIli..si.oll o~ the Ci:t:y of Boynton Beach or the PlannUlq Director to b.. included in the annua~ report. 4. The definitions found Ul Chapter 380, Plorida Statutes shaLl apply to this Development Order. 5. Th.. City of Boynton Beach hereby aqrees that be~ore December 31, 2010, the Boynton Beach Shoppinq Mall Deve~- opment o~ Reqiona~ Impact shall not be subject to down zoninq, unit density reduction, or intensity reduction, unless the City demonstrates that substantial chanqes in the conditions underlYUlq the approval of the Development Order have occurred, or that the- Development Order' was based on substantially inaccu- rate information provided by the Applicant, or that the chanqe is - 14 - .., .. 2. The City of Boynton Beach sha~~ monitor the devel- oPmene of the project to ensure compliance with this Deve~opmene Order. Th.City of Boynton Beach Planning Director sha~~ be the local officia~ assigned the responsibi~ity for monitoring the deve~opment and enforcing the terms of the Development Order. The. Planninq- Director may requj.re perioc:lic reports of the Appli- cant: wi th r~d to any item:: see forth. in this Deve~opmene Order. 3. The Applicant sha~l submit an annual report as required by Section 380.06(18), Florida Statutes. The annua~ report: sba~l be. submitted. on the first anniversary .date of the adoption of the Deve~opment Order and shal~ include the follow- ing: A. Any changes in the plan of development, or in the representation& contained. in the Application for Developmene Approva~. or in the phasing for the reporting year and for the next year ~ B. A. s~ comparison of deve~cpment aceivity proposed: and actually c:anduc:t:ee for the year~ <:'. Ondevelcped tracts o~ land that bave b_n sold, transferred. or leased to a. successor developer; D. Identification and intended us. o~ the lands l?UJ:chased, leased or optioned by th.. Applicant. adjacent to the original site since the Development Order was iSSUed; E. An assessment: of the Applicant's and local government's compliance with the conditions of approval contained in this Development Order and th.. commitments specified in the Application for Development: Approval and summarized in the Reqiona~ Planning Council Assessment Report for the development undertaken; P. Any request for substantial deviation - 13 - . , clearly established by the City of Boynton Beach to be essential to the public health, safety, or welfare. 6. This Development Order shall be bindinq upon the Applicant and its. assiqnee. or successors in interest. It is understood that any reference. herein to any governmental aqency shall be construed to mean any future instrumentality which may be created and desiqnated as successor in interest to, or which otherwise poss.sse. any of the powers and duties- of any refer- enced government aqency in existence on the effective date of this Developme~t Order. T. The approva~ granted by this Development Order is conditional and shall not be construed to obviate the duty of the Applicant to cOJDply with all other applicable local, State, and federal p.earittinq requirements. 8 _ In the event that any. portion or sec:t:ion of this Development Order is deemed. to be invalid, illeqal., or unconsti- tutional by a cow:t of. competent junsdic:tion, such decision shall in no manner affect: the r_aini.ncJ po.rt:iona or sections of the oriqinal Development Order, which shall remain in full force and effec:t:. ~. This. Development Order shall become effective immediately upon adoption. 10. Certified copies of this Development Order shall be transmitted immediately by certified mail to the Department of Community Affairs, the Tre.sur~ Coast Reqional Planninq Council, and Applicant. - 15 - ~ .., PASSED AND ADOPTED in a publ~c hearing held on this the day of , 1991. City of Boynton Beach Ci~y Co~ssion Mayor Vice Mayo%: Co~ssioner COJIlIIli.ssioner COJIlIIli.ssioner Attest: ,City ClerJc_ - 16 - EXIIUI'l' .~. DOIIIl'CIt BDQf . ~'7 SoD M:IBS A pm:cel ot 1.... lyi.. lD s.cd-~. 1'CMIIblV'" SaaCh. Range:..3 I!:M~. PIlla beKb County, nod... t.illf - pKticu1adY' ~1bC. .. follQlola:. Co. lrea at:. the- c.tK" ~ said: s.:dCllt It, t:t--=- M.o-51.'51"'... alan9' tbe Noctn. SclIlItlt 1/" Section U... ~ said:. Section.. a. cUsance of 35.Ql) f..e; tMft:e N.a7~'nOOZ"... a d~ of 40.01. f..t. t:a the pdn:ipa1 point:. and. p1.. ot belJiminq ot. tile fo11awinq ~ptions 'ftIen:e N.oeg..'L"'W... alC1119 a Une 40.00 f~ ElSe- ot and puaUel with saiel NcXdl" SOUth- 1/4' ~ian 11... .. dlac.nce of 11'1.:0 feec t:D a poi~ Oft the south dC)hc-of--.,. Una of Boynton Canal; tMncw' N.88-05'26.~. alanq Aid SouCb dqht-of~ line, _ dlsa:.nce of 3"7.93 feet: to a point:; tbenc:e 5.0-05'2'''''''', .. dls~ ot. 142.02 feet to a point:; tt--=- 233.87 feet alonq all! ace; to tbe dqbc, haWinq.. rMilus of 335.CO feee and a c::boccl of m.n feft bead.., s.~'26"W' tMnce 312. \0 teet. alonq- ... ace: to the- left: hawillCf .. C1Idlua of no.co feet and a chord of 35,....... feec, bead.., 5.14-05.2'.....; ~ S.U.5")"'"!:., a disc.nc:e of 10.00. feec to a- point; then!>> 172.2' t..c, alGn9 lIIIace. to the- dqht, havinq a' rMilUS' of 235.00 feet:' aacl .. dMacd ~ 1'....3 feet: bead.., S.'OOS.2'.......; ~ 112.18 ,...... alGnlJ" ace to the left:" havi"9 .. . cad1.- of 325.00. f..c ... . dIocd of 1".IL feKe bud", S.14.01.53.......; ~ S.OZeoL'3'''L. .. dl.~of D.67 feeC t:a a point; ~ 94.25 f_c. .l~ ..' a~ too the dqbt hawl.., .. rlld1ua, ot 5O.CO teee and. a. choat ot ....15 f..c. a.edlllJ S...~.21.....; ~ 5.87~'21""., · dlaance' of SO.59 t..c- to< the-. Paint: of aeqimll11J and c:on~ini..,. 5.83 -=--,ot. land.. IIIOCtt" oc 1.... .., ..., BOYNTON BEACH MAL~ 116.364 ACRES /i,. "act: o~ lanG. lQc:&~ed in sect'ion 19, 'rewaship 45 Soueh. Ranq.. 43 us~, County o~ 'ala aeac:h, 1"lor1d.& and. furehee d.escribed. as fo1low~: Becrinftincr aC. the souChe.st cornee: of Section 19, T45 S, R43E; thenc.' It 00'" 59' 39 -, 1'1 uonq the Easr. line of SAid Section 19, a. d.Lstanc. of 1898.10 feet to,'.. poine: thenc.. S 89. 00' 2.1." w, &;. dia~anc.. of 60..00. feet to. .. point on the we.~erly riqht.-of-ay line of conqress, Avenue, said. po int &1.$0 bainq th. pc:inc,i,pal. point and place- of beq inninq of I:.h. fo1lowinq descriptibn: ' Thence S 88'" 05.'026- If, &. distanc.. o~ 846.73 feet:: to.. po int.I t.hence S 43" 32' 54" W, a distance of 57.02 feet to ... pointl t.hence S 00." 59' 39- s, a. distance: of 258.27 'feet to a point.; t.henc... S 16" 46' 44.2" !, ... distane. of 199.60. f.et to .. paint: thence S 00" 59' 39" !, a distanclt'of 102.20 feer. to, ... ~o~ncl thenea S 44. 46' 34" S~ ... d.Ls~ance of 14.45 feet t.o & paint. on the noetherly riqht-of-way lin.. of 8Oyn~on We.t. RoAd ( foraar l.y old soyn tan. ROAd), thenc.. It 89. 46' J4" \of, &lonq said noetherly line. a distAnc. o~ 1684. 2S feet::. 1:.0. &. pointl. thenc.. N 00." 5.1.' 51.- w, ... distance of 1228.05 fee~ to a pain!:.; t.henca tf 87. 58.' 21." !". &;. distance of 52.34, feet. to. ... point:1 thenca 121. 7i f.at: a.lonq _ curve to. the l.ft.. I\avia, a radius. of 145.00. feet anet a chard of 205.06 feat.. b.ariaq N 42'" 58.' ll" S. t~ &0 pointr, thence N; 2" 01.' 39" w, A' d.iS~A"C:. of 23. 67 fee~ to 4 painCl thence 134. S 4 feee alonq &.. curve to' th. ri9ht, h&vinq- _ r.-acUua at. 140.00. f..t: aad & cho~d of' 131..78' fe.e. beac:inq. 110 1.4" OL' 53.5. I!: to &.. poiacr t.hance 234-.51 feae &lonq .. curve to the letC, haviaq A radiu. o~ 320.00. eeat: and a cboed: oe 12".360 f..t:. beArinq tf 9. O~,. 1~. ~ to- a poiae} t.hence Ito. U.... .14' 34" w, I. c1is~..ne" of 70.00. f.ee. t.o 4 poinr.; thenca 194.36 feat:. alonq a curv.. to- the: dqht,- I\a"inq. &. radLua of 325. oct f..t and ... chord. of 284-.94 f..t:, bearinq It 14" 05' 26- ~ to: a. point; thence 2'3~22 faar. 4~onCJ . cuev.. to' tha latt. havinq a radiuS of 420.00 fa.t: &ad 4 chord. at. 287.30. f.et, bearinq It 20" OS' 26- !. to, .. point; t.hancctf 00" 05' 2&.~, .distanc.ot 1,45.00 feat. t.o a point:; .thence It 8a" 05' 2&. 2:, ao disune. of 1738.97 feet: to a. "oincr thenc.. S. 00. 59' 39" e, . distance of 412.86 feal: to a "oial:; thence tf 88" as' 2&"E', &;. elistance: of 328. n fe.t. to a point. on t.he wasteely line' of" conqress. Avenue, thenca S 00" 59' 39.2, alonq said westerly line, a distance of 13Q.Q1 feat .to"': "".i:nt:"thenea It 46" 27' . o-ii-H, adJ.stanca of 56.11. fear. to. a. poi.nt; thence S 88" 05' 26" 1'1, &;. distane.. of 430.00. fear. to & pointl th.nce 5 00.. 59. 39" S, a. distanca of 60.9.99 f..t: to. 4 poin~1 theaee tf 88," OS' 26"~. . distance of 430..00 feel: to' &;. point.; thanc. If 43. 32' 54" 2:, a distance of 57. O~ eeat: t~ ~ point on the we.tarly line at Conqre.s Avenu.r thane. S 00." 59' 39'" S", alonq said Wa.terly' lin.., &. diataac., of l10.01 feee to . point; thence It 46. 21' 0&- 101, a distance of 56..11 fe.t to a point; thenc.. 5 88. OS' 26 - 1'1, a disl:.4lJce of 608.00 fee~ to & poinl:1 thence S 00. 59' 39" S, ... diatane., of 230..00 f..e to a pointr thenc:a It 8'" OS' 26- E, a di.l:ance of 340.00 feet t.o a point; thence S 00" 59' 39" E, 4 distance of 150.00. feet to a point; thence S 8a" OS' 26~ 101, a distanc... of 340.00 feet to 4 point; thence S 00" 59' 39- E, & distance ot 219.99 feet. to a point; thenc... It 88....05. 26" E, a aiatanee of" 608.00. f..t. to a poin~; thence If 43. 32.', 54" E, a distanca. at 57.02 ee.t to &. point on the w..tecly. l.l.n. at conqce.. Avenu., theoc:a S 00.. 59' 39. S, alan, ..id. we.terly lina. a d.L.tanc:.' of 130.01. teet to ~he' principal. point and plac. of beqianin9 and containinq 101.75 acres at lAnd, more or le... AND " pan.1 ot lAnct lv1ncr 1,. S.c~1olt 19, TlMlah1p 45 Swell, 111I/I" U rA.e. Pal. Beach C4wat." Florie1.... b.iDq un pu.t:ic:uhrly d..C&"ibed. ~.. 'ollov.. ~c. .~ Ch. canCar oC' SocC1_ 1'. Chonea H O. 51.' 51- If, do-. . th. HoC'ch Souck lit. SoCC1_ Un. ot sa1e1 S.cc1_. a d1acuure. ot. 35.00 C.OC, thence. If 11. 5" 21- t, & eU.CARe. o( 20.00 fe.c c.. th__ principaL polnt ana. pJ..c. o( b.q1nntnq ot et.. CoJ.lovinq d..crlpe1on. n._. c_C1nuinq- N I'. 5.' 21.' t .. .U.Canea o( 20.01 c..t 1:0 ~ poinc, I:Jaanc. N 0" 51' 51" W. .1.... a Un. "0.00 C..c t..e. ot and poC'all.1 ..1t:a ..id lfaC't:Ja. SouCh 1/... S.ccion lin., a diac_c. ot. 11'1.~ C..e. t. ~ potne on th.SOUCA r1qhc-ot-vay. ltn. ot 10~cOft C_aL, tJl.nc. If la. OS' 2&" t. do-. .a1el SOUCh riqAc-ot-v.y Un.. ~ eU.s~a ot 433.99 C..e: to llo poiae, tll_e.. S 0:" O~' 26" ~. ~. eU.e_c.. ot 145.00 ,..c' to .. poine, tb_ee 293..13 h.c .10Aq. .... .rc to. tA. rlqAc. bavin., .. r..UII. ot "%0.00 C..e ~nG' a CAora oC 2I'.JO C..e b..rin~ S 2Q. OS' 26- w, th.nc. 294.96 C..c. &10n4 &a .C'et to. tho'l.CC b.vin., a raa1u~ ot 335.00 ,..e anel .. chord ot 2.....94- C..c. b..r1...,. S 1". 05' %I,. If! th.nc.. S 11." 54' 34" t. a .UaC._.. ot 70.0a h.e: to' &. poinc, th.nc. 2:14.57 '..c, donq an u'e 1:.. tA.. riqAC. baviner. &> r~.u.u.. ot. 330.00 C..e anel . cllocoel ot 2~'.J6 '..e be.r1nq S 9" OS' 16" w, ebenc. 1:14.5. '..e, alonq an arc: 1:. tJl.. 1.tl; b.vin., a ra.till.. ot 240~Oo. C..e .nd a cAocoel ot 13%.7. C..c. b..C'inq S 14" 01' 536 W, thence S OZ" 01' 39- t. . QiaCaac.ot 23.67 '..e e~ ~ poinc. eb.nc. 13'.77 (..C, .ionq .n a&'~ to. 1:Ja. r1qAc b.vinq . raelJ.u. ot 145.00 C,.c ancl. a c:JIo&'o ot 10,.06. '..C. b..rinq S "2. 5.' 11- Ifr CA.nce S 8'6 51' 11" W, a QJ.aC_ a€ 72.3.... (_I:' 1:0 ~ poinCr th_c.. If O. 51' 5\" II a 41.eaac.. ot 15.00 C..C to ta. poinc aC b..1nn1nq and conc.~~ 1.61+ acr.. at 1..... _rOo or 1.... . ',. AIID ~~ %.7930ACUS " ......~ .c 1...., 1yiaq 111' Seat:1_ 11". ~11' 45 S_Cla. ...... 43 h8c. Pa1a So..... c-CY-. nor1c1a. lIe1nq __ p.ni_.I......I.., d_111ecl... CoU~ . t:' '1._..c the. eeaUr a~ add sacc1_ 19. thenc..1f O. 51' 51'"' If. aLOIIlf th.. HorrcJa. s.&CID 1.1" sacci_ Une a€ s..Lo Secci_. a 41ac_ at :15.00 C.eCr th...c.. If 87- sa' 216 1:.. .. 4iacanc. aC 20.00 '..e t. the pC'1nc111aJ. paine &ad. pl_.. at b..inaiftCI ot tll.. (oUovu..r, cie.cr:lllC:l_. n.__ If 17- 5.. 21. Co . d1.~ at 20.01 c_e: Ca a pa!IlC; 1:a_. If 00- 51' 51- If . cU..cane.. at 1191.%3 '_e to . poinc; t:iMnc.. If'- IS- 05! 2&." E . cU..cane. at SO.Ol l_e to. a poine, tJaenc.. S 00. 51,' 51-- II: . di.C_ ot 1:15.00 t..e t. .. potne; thenc.. If 19. OS' 09. C .. di.cane. ot 50.00 C..e .to a poinc, tb...__ S 00. 51' 51- C __ ci1.~ at 110.00 C..e to . poinc, cJaenc_ If 19. OS' 09. E. a d1.cance ot 10.00 C..e: 1:0 ao poinc.' eh_ca S. 00. 51' 516 E .. disc_.. ot 690.00 t..e 1:0 a. poinc; l:JI_ce. S 19- oa' 09- W. .. eU..cane.. at 24.95 c..c co a pOtnc; tb__ S 00. 51. 516' E. .. .U.C_. ot 160.J9 C..c to. &. poinc: ell.... s.. I'. 58. 316 If . cii.cane.. ot 34.96 '..e to a poinc; 1:llenco S O~. _ 01' 39. t .. di.caac_ ot 110.00 '..e to a po iae; tll_c. $. 17- sa' 21- If . .u.eanco at 72.:14- C..c to . poinC; tll_C. N 00. 51' 51- If- .. cilsc_. ot 15.00 C_e 1:0 ell.. poine ot b..innincr _d c:_c.illJ...., 2.793 acr.. at land _&'. or 1.... . . .. .. If' i t i . ~ ~ ~ t Il~ ~::i . g I' hi i ~ T ~ l,la. ~ II "nJ ~: \.:I u ~....! I - G < __ (!JU 1 ... < ~ j!W< ~~W O~ 1-0- Z >- o en . ---- --" o n .. .: .... I.: lif ":~";"".:~.~" ", '. , I.',~ .' .....:. .. . .' . .. . r:; .... :.. : .:' . '. "'" .irl!.';'~ ~ . ._. . IJ:~~. ,....... .~~.... ....:. :.....:. I .. . .t, ~ '.' . . '. ..: /.<0, I I . ~J ':, 1 . ... ';l 1 ;:~.t'_"'~! : ~ I ~.:...! "! ....: .J . : ' NYH . N . . - IN ~ - .u ... .... - 1Il - = >< w ~LJ)f t.! I," ; . o z; HoLO" , .' ..... '.co .:~~ . 0''1'''''' C f )--~ ,-., 'P'; ;3VON I . I .' .1 . ..-r o o , D I I ~ I 7 fv', --'_."._~.~ 'L LAW OFFICES OF ROGER G. SABERSON. P.A. DELRA YEXEctmVE MALL 110 EAST ATLANTIC AVENUE DELRA Y BEACH. FLORIDA 33444 December (407J 272-8816 5, 1990 ~;:.:;::.~~~.<..;: ;,::~~.r "1TJ '~.~{ . .... . . " .~1., <l'~""'~ -4 1".0:.-<' fr.S:.... .'.' -,,~ . ~~~~. ~\,~ DEe. 6 19SO .' I.EASUIE :ow..... ~.IIIlI.t;;!' va J'ACSDlJ:LB ABD u. s. HAI:L Ms. Theresa Tinker Office of. the Governor The capitol Tallahassee, FL 32399-0001 RE: The Boynton Mall, a Development of Regional Impact in Boynton Beach, Florida (FLWAC Case No. APP-90-003} Dear Theresa: Pursuant to my telephone conversation today with Ms. Kelly Tucker, this will confirm that we are in the process of finalizing a settlement with the developer's attorney, Mr. Cormac Conahan. We have not finalized the Settlement Agreement at this point, however, I anticipate that we will be finalizing it in the very near future. Therefore, it is our understanding that the above matter will .not be heard by the Adjudicatory Commission,. December 18, 1990 but instead will be rescheduled for probably their second meeting in March, 1991. After the staff of the Regional Planning Council and the Developer have reached agreement as to the settlement, it will then be placed on the Treasure Coast Regional Planning Council Agenda for its meeting of January 18, 1991. Thereafter, the City of Boynton Beach will have to take action to adopt a new amended Development Order which should be completed in February. Thank you for your cooperation in this regard. Sincerely yours, /'M;x;)~ ROGER G. SABERS ON RGS/drt cc: Cormac Conahan, Esq. Sam Goren, Esq. . Dan Cary, Executive Director, TCRPC 1 .., ..., TREASURE COAST REGIONAL PLANNING COUNCIL MEMORANDUM To: Council Members AGENDA IlCM 6A From: Staff Date: December 21., 1.990 Council Meeting Subject: Boynton Beach Mall Development of Regional Impact Substantial Deviation Update' on Settlement Agreement Negotiations Council considered the Development Order for the Boynton Beach .Mall Substantial Deviation on January 1.9, 1.990, and voted to enter an appeal of the Development Order based on transportation-related issues with the Florida Land and Water Adjudicatory Commission (FLWAC). Settlement negotiations to resolve these issues have been ongoing and are nearing completion. The appeal scheduled to be heard by FLWAC has been postponed from December 18, 1.990, to March 26, 1.991., to allow settlement negotiations to continue (see attached letter). It is likely that settlement will be reached between the parties and the agreement will be brought back to. Council for consideration at its meeting of January 1.8, 1.991.. Recommendation For information only. TREASURE COAST REGIONAL PLANNING COUNCIL M E M 0 RAN DUM To: Council Members AGENDA ITEM 6B From: Staff Date: January 19, 1990 Council Meeting Subject: Boynton Beach Mall Development of Regional Impact Substantial Deviation Development Order INTRODUCTION At its April 21, 1989 meeting, Council reviewed the Application for Development Approval (ADA) for the Boynton Beach Mall Development of Regional Impact (DRI) Substantial Deviation. Council adopted a report and recommendations for transmittal to the City of Boynton Beach that recommended approval of the project subject to 16 conditions being included in the Amended Development Order (DO). Boynton Beach held a public hearing on the Boynton Beach Mall Substantial Deviation and adopted the attached DO on December 19, 1989 (Attachment A). Council now has statutory responsibility to review the DO to determine whether it adequately responds to the regional concerns identified in Council's adopted Report and Recommendations (Attachment B). If Council determines that the DO does not adequately address regional concerns, it may file an appeal with the Florida Land and Water Adjudicatory Commission (Governor and Cabinet) requesting that the DO either be set aside or modified. Should Council find that the DO does adequately address regional concerns, no appeal would be filed. OVERVIEW AND SUMMARY The DO issued by the City of Boynton Beach for the Boynton Beach Mall Substantial Deviation inadeauatelv addresses regional issues identified in Council's Report and Recommendations regarding this project. Of primary concern, is that the DO does not: 1) adequately protect native habitat important to wildlife and as a buffer between this commercial proj ect and adj acent residential neighborhoods, 2) assure surface and groundwater resources will be protected from contamination; or 3) provide reasonable assurance that the regional roadway system will not be over burdened by project traffic. ,-' 1 R~X':f,l\Tr.D Jt\t\ lG ,'l~~ .",>l.IG. OE.?l.. . pLAN\'!\l' ~ 'W ."", ." ANALYSIS Habitat. Veqetation. and Wildlife The analysis below provides a comparison between Council's recommended DO conditions intended to adequately address regional issues, and what the City has adopted. Council's recommended DO condi tions are struck through; the City's underlined. DO Condition 2 Preservation of the identified pine area is important for protection of native habitat functions and values as well as providing a buffer between existing residential areas and the Mall site. As indicated below, Condition 2 does not assure preservation of the area in perpetuity as recommended by Council. ~he-~loper-~~--~~e~e~e--~-lc6a-~~-5~e~ aere:'5-e-f-~.:ft1ri-e.M-~-ft-~~~~~r-_~he 3~~e-whe3e-a~~rex~ma~e-%eea~~e"-~3-3hew"-~ft-Exh~~~~ HVW-~~---prcac~~-~ft--pe~~~~~Y-~-~-"a~~ve ha~~~a~- prcaer~-~-~hd~~--be-~-~-aeea re:'5~r~e~~e"--fe~-~~~~~~~~~ft~~~~-aere3 w~~h~ft----ena't -~t'b-;- Prior to issuance of a Certificate of Occuoancv for construction of addi tional sauare footaqe oursuant to the Amended Develooment Order. the Aoolicant shall confirm that it will not develoo in that area "Limits of Pine Area" shown on Exhibit "1" in the northwest auadrant of the site. Council's intention when adopting the condition was two fold. First, it was to provide for appropriate buffering between the existing residential neighborhoods and adjacent retail uses (the Mall). Second, it was to provide for the protection existing habitat for the animal species present. Additionally, Council wanted to insure consistency with the original DO adopted in 1974 which required preservation of the pine area. This issue should be addressed by restricting development until preservation of the pine area (by deed restriction) as shown on Exhibit "1" has been secured in perpetuity. Drainaqe DO Condition 6 Council's recommended DO Condition was intended to address existing exceedences of water quality standards noted in the developer's ADA. Condition 6 does not address this intent because it does not require provision of vegetated littoral 2 zones around existing detention ponds and weekly sweeping of the Mall parking lot. 7 . Ifhe-~er---1'M!fie~~~--s-~-~~-~he Beyft~eft-Beeeh-~~-~~-~~~~~-~-efts~re a~sehar~e-w~%%-mee~-~he-wa~er-~a%~~y-s~aftaaras e~-~~:i:de--~1'l'i~~~-eeae--Rlt-l-e--~.::r-3--by ~fteerpera~~ft~--~he--fe%%ew~ft~--Bes~--Mafta~emeft~ Prae~~ees~---~-~- ~ra33y-swaies-~-pre~rea~ r~fte~~-~fora-~veyi~-~~-~-k~-ae~eft~~eft peft~S-aft~-week%y-park~ft~-%e~-sweep~ft~~ 8. Ve~e~a~e~-~~~~--z~nc3-shft~~-~-es~ab%~shed are~ftel-~-e-)foi-e--e-~-.ele-t.efi~.;.eft-~-ti~~%~fl~ft~ fta~~ve-~-spee~es~---Pr~er-~-eefts~r~e~~en afta--~~~~-~~--~he--~~kk~--~C3r--~he eleve%eper-sha%%-prepare-a-aes~~ft-aftel-mana~emeft~ p%aft--f~-tme--l:-~~l:--flefte-~~~-~i:ewed--fer eefts~s~eftey--w~~h--~he--Re~~efta%--eemprehefts~ve Pe%~ey-P%aft-by-Ifreastire-eeas~-Re~~efta%-P%aftft~ft~ ee~fte~%--';'fi--~~~~-~it~-~--e~~y--ef Beyft~eft- I3cacft;--5c:H:t-efto--F~~~-a- We 'ber -Mafta~emeft~ B~s~r~e~7----aftel----P%er~aa----Bepar~meft~----e~ Eftv~reftlll.eft~a%-~~~-~--a~-e'\fri-~-~he e~~y--e-:r--~--13eech-,---5et1't-h---F-i~~ft--Wa~er Mafta~elll.eft~-~s~~e~;-~~~~ Depa~~-e--ef Eftv~reftlll.eft~a%-Re~~%a~~eft~--Ifhe-p%aft-sha%%~--t%t ~fte%tiele-~-p%aft-~-aftel-3it~-%eea~~eft~---t%t ~fte%tiele--~--~yp~ea%--~oao--see~~eft--~--~he ae~eft~~en-~enel~--~~-~~~-~~~~~~-~s ~e-~-es~ab%~sheel- wi th:H-r-~he- Ii t-Co-ral -flefteS~ anel----~t+r--~~-~--elese~.;.~~.;.en--~--afty meft~~er~ft~-~--me-~-~-~~-be fe%%eweel--~ft--ereler--~e--asstire--~he--eeft~~fttied v~ab~%~~y-and-hea%~h-ef-~he-%~~~era%-fleneS~--%f Ifreas~re---00a3t--~--~~~~--eetifte~% ele~erm~ftes-~1ift~-k~~~-m~~~me~~-p%an fer-~~~~o-ral-~~-~s-~~i3ta~-w~~h ~he--Req-i:-cna-l:--€~e1lefi'S';' lIfe--Pe-J:.iey--"P:l:t:tft;- -~heft ~he-~verepe~-~~J:-J:--~-~~-fl:e-i.~~';'-et'l--e.f--~he Beve%eplll.eft~--~~~~-----~--~.;.-f.;.ee~~---ef eee~paftey-~all-be-~-fer-~-aaa~~~ena% sql!are--~-~-~-~~-~h~s Beve%epmen~-~~~~~--tme-~~-~-ele~erm~fteel ~e--~-~~-wi~-~--~~~~J:.--P%an~ Wherever-~e'S'S.;.b-ie-~~~~~~~~~-fee~ e~--v~-e-t.~"t!:ri-+~o-ral -~fte-~e~-~~lle:ar--~-ef shere:~fte-~~-~-~~ft~.;.'S1iri-~-een~~~tireel se-k~-~-e---iea'S~-~-peree~~-~-~-shere:~ne has--a--ve~e~a~eel--%~~~era%--flene~----A%~erfta~e aes~~n--~-~--neeessary--~-~--phys~ea: eefts~ra~ft~s--.;.~~cn~ ~-~~~~~--~hese ex~s~~ft~-~~~~~--~-l:-ittora~-flenes sha%%-~-~-p%aee-~~~-~he-~~~~-a 3 ., .., ,- ee~~~~~ea~e-~~-~-~-6~y--aaa~~~e~a% ~ql:la~e--~-e-a<;oe'-~-~-~-e--~h~~ Beve%e~me"~-e~ae~~ 6. A. The use of qrassv swales shall be utilized in the new oarkinq lot additions. as shown on the site Plan (Exhibit "2"). B. Littoral zone olantinq shall be orovided in accordance with the oermittinq reauirements and Florida Deoartment of Environmental Requlation and South Florida water Manaqement District. Establishment of vegetated littoral zones around existing detention ponds consistent with Council's recommendation will provide better treatment of stormwater runoff. It is important that, prior to construction and planting of Ii ttoral zones, design and management plans are prepared consistent with Council's Regional Comprehensive Policy Plan (RCPP) to assure their proper establishment. permi tting requirements of the Florida Department of Environmental Regulation and South Florida Water Management District do not address retrofitting of existinq systems: therefore, DO Condition 6 does not adequately address the identified exceedences of water quality standards. Transoortation In order to mitigate the impact resulting from expansion of the Boynton Beach Mall, the Treasure Coast Regional Planning Council provided an opportunity for a transit-related solution to be developed in response to identified roadway and intersection improvements necessary to maintain Council's adopted level of service. The City has chosen to pursue the transit option made available by Council. It is imperative to the success of this transit alternative that appropriate safeguards be included in the DO conditions to assure Council's intent. As indicated below many of the safeguards, included in the recommended DO conditions developed by Council staff, such as requiring appropriate agency approvals and restricting development until a service contract had been. executed, have been deleted. DO Condition 10 Condition 10 is, not consistent with the intent of the origin and destination survey as described in staff's November 27, 1989 letter (Attachment C) and as recommended by Condition 16 in Council's adopted Report and Recommendations for Boynton Beach Mall. 4 No building permi ts shall be issued for the Boynton Beach Mall Expansion until an origin/destination (0/0) survey has been conducted and submitted to the citv of Bovnton Beach', CoTran, and Treasure Coast Reqional Planninq Council. Results of the survey shall clearly demonstrate where the transit ridership potential exists (origins) and identify which roadway links (i.e., I-95 interchange, Boynton Beach Boulevard, Old Boynton Beach Boulevard, and Congress Avenue, etc.) will be positively impacted by provision of transit service to these areas and shall be evaluated a~a-a~~~evea ~Y-~~~~~-Bey~~e~-~eft,-~~-~-~fte ~~eas~~e--eoaa~-~~~-~~~-€~~~~--~~ ee~s~%~a~~e~--;r~--~he---~~--~--ee~~~y E~~~~ee~~~~--ge~a~~me~~ to adjust designated travel route)s) in order to maximize ridership. The survey questionnaire and implementation methodology shall be evaluated by the City of Boynton Beach, CoT ran , Palm Beach County 1 and Treasure Coast Regional Planning Council. While the proposed condition does provide for route adjustment in order to maX1m1ze ridership, it does not requ1re aooroval from any of the key review agencies. Council staff, when drafting this condition, made provisions for the review and aooroval of the designated routes by the agencies responsible for transportation planning and implementation in Palm Beach County (i.e., CoTran, Palm Beach County Engineering, the city of Boynton Beach, and the Treasure Coast Regional Planning Council). Since this is the first time this kind of transit alternative has been considered as a way to accomplish regional and local transportation objectives, it is important that the agencies responsible for transportation-related activities be involved in the review and approval process. Another reason for requiring approval of these agencies is to provide a check and balance system during the development of this transit alternative. Support from these agencies can only strengthen the potential success of this effort. DO Condition 11 Similar to Council's standard requirement that construction contracts be let prior to issuance of building permits, it is important that the approval and signing of the service contract be required prior to the issuance of building permits. Requiring execution of the service contract prior to building permits being issued provides the necessary assurance that transit service will be ready to be provided when the Certificate of Occupancy (CO) for the Mall expansion is issued. 5 W' - 11. No B\:li3:di"~- rcrm-~ Certificate of Occupancy for the Boynton Beach Mall Expansion shall be issued until the following activities have been completed: DO Condition 11 is not consistent with existing Council policy. By delaying the signing of the service contract until issuance of COs, adequate assurance is not provided that the level of transit service as outlined in the DO can and will be provided when needed. Further, no assurance is provided that this proj ect will not adversely impact the regional roadway network. Since this is a first attempt to provide al ternati ve means of travel other than the automobile, care must be taken to insure successful implementation of this service. It is not acceptable to delay the approval and signing of the service contract until issuance of the certificate of occupancy. Condition 11 A and B The length of time the transit service should be required to run, or the "Service Period," has been inappropriately redefined. Council's intent in both the Boynton Beach Assessment Report and subsequent letter dated November 27, 1989, is that transit service must be provided for a minimum of five years and a maximum period covering the completion of the identified road improvements in Council's Assessment Report for the Boynton Beach Mall Substantial Deviation. A. A service contract has been approved and signed by the City of Boynton Beach, the Palm Beach County Board of Country Commissioners sitting as the County Transportation Authority, and the applicant which provides the level of transit service, including an appropriate promotional commi tment, identified in Condition 12 ~ef'--e: mi"im\:lm-~~-~-~~~e--ye~~-~-~-maMim\:lm ~eried---eeveri"~---~fte---eem~3:e~ie"---e~---~fte ide"~i~ied-~-4mpr~~~~--~-~-~f'ea~\:lf'e eeas~---Re~ie"a3:---P3:a"fti"~---ee\:lftei3:L~---~i"a3: asses~me"~-~-~ef'-~-Bey"~e"-~a~~-Ma3:3: S\:l!ls~a"~ia3:-~4'fl~4'01'i-~-t-:i-cns--rr--etrtd--B for the Service Period. The Service Period shall be defined as a period commencinq thirty days prior to the openinq to the public of the Bovnton Beach Mall Expansion and continuing until of the earlier of: (i) five years; or (ii) completion of the identified road improvements in the Treasure Coast Reqional Planninq Council's final assessment report for the Bovnton Beach Mall Substantial Deviation Conditions 12 and 13. The contract shall also include a financing plan for implementation and monitoring of the transit route(s) including a 6 secured funding commitment (defined as an irrevocable letter of credit or bond). The financina olan shall orovide that the maximum obliaation of the Aoolicant under the service contract shall be $100.000.00 oer year for the Service Period: and B. A promotional plan outlining the strategies for facilitating, publicizing, and encouraging the use of this new service shall be submitted and approved by the City of Boynton Beach and CoTran in consultation with the Treasure Coast Regional Planning Council, Palm Beach County Metropolitan Planning organization. Such oromotion olan shall not reauire the Aoolicant to contribute more than $5.000.00 oer year durina the Service Period to imolement the oromotional olan: As adopted in the DO, this condition does not provide the assurance that the regional network will not be adversely impacted because transit service is not guaranteed through completion of the roadway improvements identified as necessary in the Boynton Beach Mall Substantial Deviation Assessment Report. Addi tionally , the commencement of the service date should not be identified as 30 days prior to the public opening of the Boynton Beach Mall expansion. Consistent with Council staff Condition 18 (C), the service date should be 30-calendar days prior to the issuance of the CO to assure anticipated patronage levels and passenger familiarity with selected routes. Council has not in the past assigned specific financial responsibility to any developer or agency, but rather has always identified those improvements which need to be constructed given a certain level of development. The financial plan is the most appropriate place for detailing how service will be funded. Staff believes it is inappropriate to assign specific financial obligation in the DO before the actual route(s) have been identified and approved. It would be more appropriate to include a financial plan which identifies the maximum obligation of the applicant without specifying a dollar amount in the DO. An integral part of the service contract is a financial plan. Staff Condition 16 (a) indicates that the service contract would be reviewed and approved by the significantly affected parties (City of Boynton Beach, Palm Beach County Board of County Commissioners, and CoTran) so that approval of the contract would insure adequate funding of the transit alternative. The DO identifies a flat dollar amount to be paid by the developer. Since the final route (s) have not been determined or the promotional strategy developed, it is premature to assign financial responsibility in the DO. 7 ,. ... DO Condition llC Proposed DO Condition 11(C) does not include staff's recommended language for determining continuance of the transit alternative. This is an important issue which needs to be addressed in the DO. C. A procedure has been established and approved by the City of Boynton Beach and CoTran in consul tation wi th Treasure Coast Regional Planning Council for a quarterly monitoring report that monitors ridership levels, effectiveness of route(s) and schedule(s), and operating and maintenance costs. The monitoring program shall be initiated within 90 days after the date of Certificate of Occupancy is issued for the additional square footage of the Mall and continue for the Service Period. A-~~~-~~~-eefi-t.4.fi~8~4.ei'l-~-~~e ~reft!S~~--~~--'dof-t.~---efte.--~~~--ef ~aeft~~f~ea-~-efta-~er~~~-~m~revemeft~~ ~1'l-€ef'la~~~ef'l!S-~~--e:nd-~-3--shall -b& ba~ed -tt~~I't-EtI'l eve%~e~~el'l-~-k~~&rt~~~~~~~-re~er~s Etl'la-ex~~~~I'l~-%eve%s-ef-!Serv~ee-el'l-~~e-reeawey~~ The concluding language of Condition 11 does not contain Council's standard CO requirement language which requires roadway and intersection improvements be completed prior to issuance of COs for a specific level of development. Ne-~-ef-~-!S~e%%-~-~s~~ea fer-~-~~-Beee~-~~~-~~~-fseers s~eret--ttI't~~r-~-~-~-~~ee~~--~rEtI'l~~~ re~~efst-~eve-~eel'l-~ft-serv~ee-fer-3e-aeys~ In this situation, COs should not be issued for the Mall extension until such time as the transit route(s) have been in service for 30 days. This guarantees that the required implementation steps have been completed, and the intent of balancing transit ridership with the anticipated increase in the Mall's impact on the transportation network has been satisfied, thus mitigating an additional mall-related impacts. DO Condition 12(A) The Palm Beach County Metropolitan Planning Organization and Engineering Department should be included in the final route(s) selection and approval process. As previously indicated these departments are responsible for all the transportation-related activities including transit planning within the County. Additionally, these agencies participated in the initial review and development of the 8 transit-related conditions developed by Council staff and should, therefore, be made part of the decision-making process. 12. The transit service to be provided to the service area for the Boynton Beach Mall shall include the following: A. The route(s) shall consist of a combination of the proposed Routes A and B identified in the Boynton Beach Mall Expansion Transit Impact study , dated October, 1989 , or the route ( s ) identified by the survey referenced in Condition 11, including sepv~ee----~~ consideration of service to Bethesda Memorial Hospital and consideration of service to the Boynton Beach City Hall. The final route(s) selected shall be approved by the City of Boynton Beach, Palm Beach County sitting as the County Transportation Authority, C and Treasure COqst Regional Planning Council ~ft-eeftSH%~a~~eft W~~ft--~--~~~-~Bca~~--~--Me~re~e%~~aft P%aftft~ft~-er~aft~2a~~eft-afts-~raf~~e-B~v~s~eft~ DO Condition 12(C) staff's recommended Condition 18(c) specifies that transit service should begin 30-calendar days prior to issuance of a CO for the Mall's expansion. This time period was selected so that prior to actual opening of the Mall expansion identified transit patronaged would be familiar with route service. The intended result is that impacts from the Mall expansion will be balanced with transit ridership. C. Bus service shall begin 30-calendar days prior to the opening of the Boynton Beach Mall Expansion to the public. ~fte-~--e~-~-~eeft~~~~es-~-afte f%ee~-~ ~s-~-aeft~eve-~-3,693-veft~e%e ~r~~--resHe~~eft--ef~--~fte--reaaway--fte~werk W~~ft~ft-~fte-Ma%%~s-sepv~ee-area~ The reason for including an "intent" statement as part of recommended Condition 12 was so that there would be no future misinterpretations of what the transit alternative was intended to accomplish. This language should be incorporated into the DO to assure that the route(s) configuration and fleet mix are such that the intent of achieving a 3, 693-vehicle trip reduction off the roadway network within the Mall's service area is not compromised. The concluding language of Condition 12 does not contain Council's standard CO requirement language which requires roadway and intersection improvements be completed prior to 9 'W -- issuance of COs for a specific level of development. Ne--e~-:i~-:ie-a~~--~-~-~l:-l:-__},e ~~~~ea-~e~-~fte-Beyft~eft-Beaeft-Ma%%-E~aft~~eft fsea~~-~~-~~~-~~eft-~~~-~e%ee~ea ~~aft~~~-~~-~-},eeft-~~-~_~e aay~";'" In this situation, COs should not be issued for the Mall extension until such time as the transit route(s) have been in service for 30 days. This guarantees that the required implementation steps have been completed, and the intent of balancing transit ridership with the anticipated increase in the Mall's impact on the transportation network has been satisfied, thus mitigating additional mall-related impacts. Conclusion The amended DO is not consistent with the Report and Recommendations approved by the Treasure Coast Regional Planning Council at its April 21, 1989 meeting, and subsequent transit conditions transmitted to the City of Boynton Beach on November 27, 1989. Recommendations To reserve its right to retain jurisdiction in this matter and to assure that regional issues are adequately addressed, Council should appeal the Amended Development Order for the Boynton Beach Mall Substantial Deviation until such time as the Development Order is amended to adequately address Council's concerns identified above. Council should authorize the Executive Director and Council's attorney to withdraw the appeal at such time as the Development Order is modified to address the issues raised in the appeal. 10 ATTACHMENT A RESOLUTION NO. 89--", tt u.. DEVELOPMENT ORDD Amendinq prior Development Order Adopted November 16, 1982 A Re.olution of the City Caaaisaion of the ~~ty of Boynton Beach, Plorida, maJcinq fiJ1dinq. and conclusions of law p~ninq to the Boynton Beach Shoppinq Mall, a D.velopment of Reqional tmpact, and canstitutinq th~s aesolution as a Develop- ment Order by the City of Boynton Beach in complianc. with law: providinq an eff.ctiv. date: and providinq a termination date. WI!EllEAS, Applicant na. bad a Development Order approved by the Soard of County C~saioners of Palm S.ach County (-R.so- lution No. R-74-343) on May 7, 1.974 wbich w.a adopted by the City on November 16, 1382: which permitted 1,108,000 square f.et of grosa l....bl. are.: and WBEllEAS, Soynton-Ja A8aoc:iates, It td. (- Applicant-) has filed a DeveJ.o~t at a.,ional IIlp&C: AppLication for Amended Developatmt Appr09&l with the City of Boynton Be.ch, Florida, in accordance with Section 380.06, Florida Statutes: and WHEREAS, said Applicant proposes to construct a total of 1,244,449 square feet of ~cial retail gross leasable space on the real property whos. leqal de.cription is set forth . in Exhibit "A- at1:ached bereto and located in the City of Boynton Beach, Florida: and WHEREAS, the City Commission as the governing body of the C~ty of Boynton Beach paving j~sdiction, pursuant to Chap- ter 380, Florida Statutes, is authorized and empowered to con- sider Applications for Amended Development Approval for Develop- ments of Reqional Impact: and WHEREAS, the C~ty COJIIIIlission on the 19th day of December 1989, held a duly noticed publ~c hearing on the Development of Reqional Impact Appl~cation for Amended ~ Deve~opment Approval """ and has heard and considered the tes~~ony , -.. taken thereat; and WHEREAs, the Applicant bas revised the Site ?lan in accordance with recommendation. of the C1ty of Boynton Beach and consistent with the intent of the requirements of the ~=ea5ure Coast Reqional Planninq Council relative to the Pine Area ~~ ~he northwest corner of the 5i te as silown on Exili.bi t "l". The Site City COmmiSSion and no further Site Plan review or variances are Plan Submitted a. Exili.bit "2" bereto is berein approved by the n.ces.ary to COI1St=uc:1: and occupy improvements in accordance with the Plan except a. n.ce.sary to adju.t parkinq ratios to imple- and Council and the C1ty of Boynton Beach reqardi.:1q the Pine Area; ment the recommendation of the Trea.ure Coast Reqional P1anninq Coast Reqional P lanninq Counci~; and sidered the a....sment report and recommendations of the Trea.ure WHEREAs, the City Commis.ion has received. and con- WIIE1U:As, th. C1ty CCJIIII.is.ion bas mad. the followinq FINDINGS OP FAC'1' and CONCLOSIONS OF LAW with reqard to the Appli- cation for Amended Development Approval: FINDINGS OF FAC'1' 1. The propo.ed Development is not in an Area of Critica~ State Concern d.siqnated pursuant to ebe provisions of S.ction 380.06, Florida Statutes; 2. The State of Florida has not adopted a land development plan applicable to the area in which ebe propOSed Development is to be located; Statutes; ninq Council submitted pursuant to Section 380.06{12J(2J, Florida report and recommendations of ebe Treasure Coast Reqional P1an- 3. The propo.ed Development is consistent with the - 2 - 4. The proposed Development is consistent '''''ith the local comprehensive plan, zoning and development laws and :equla- tions of the City. If the City staff requests a Comp=~nensive Plan Amendment or rezoning of the Pine Area as defined in Condi- tion 2 in the future, the Applicant will comply OIi-:..'1 such request. S. The premis.. u. correct and hereby accepted oy the CJ. ty . CONCLUSIONS OP LAW NOW, TBEREPOD BE IT RESOLVED BY THE CIn COMMISSION OP THE CIn OP BOYNTON BEACH, PLORIDA, in public meeting, duly con- stituted and aasemaled. this 19th ciay of Oec:uabu 1989, that tne Development of Reqional Impact Application ~or Amended Development Approval subm1tted. by Applicant is hereby APPROVED, subject to the fOllowinq cOncU.tiona, re.t::ictions and limita... tions: Aoolication for Develooment Aooroval 1. The Application by Boynton-JCP Associate., Ltd. for Amended Oevelopment Approval is incorporated herein oy refer- ence and relied upon by the Parties in discharqing their statu- tory duties under Chapter 380, Florida Statutes. The Applicant is Soynton-JCP Associates, Ltd. and shall hereafter include the successors and aSSigns of Boynton-JCP Associates, Ltd. Substan- tial compliance with the repre.entations contained in the Appli- cation for Oevelopment Approval is a condition for approval. For purposes of this condition, the Application for Amended Develop- ment Approval Shall include the following items: Application for Development Approval submitted Auqust 18, 1988, and supplemental information submitted September 14, 1988 and December 12, 1988 and Boynton Beach Mall Expansion Transit Impact Study dated oOctober, 1989. - 3 - commenc~t and Pro~ress of Developmen~ .."" 2. Failure to initiate construction and :~ysical development within three years from the effective da~g cf the Development Order, or failure to maintain reasonable ~=cg=esa toward completion of the development after havinq init~~~~u :on- struction in a timely manner, shall constitute a sucs~ac~ial deviation and the development shall be submited to further review pursuant to Section 380.06, Florida Statutes. construction shall be deemed to have been initiated and physical development commenced after placement of permanent evi- dence of a S1:ructure (otner than a mabil. Dame) on a si te, such as the pourinq of slabs or footinqs or any work beyond the staqe of excavation or land clearinq. Termination Date 3. This Development Order shall ter.minate on December 31, ~OlO unless extended by the City CoDllllission. Nothinq herein shall ~t or exti.nquish any vested r~qhts of the Applicant, its successors or assiqna. CONDITIONS OF DEVELOPMENT ORDER AS AMENDED 1. Except as specifically amended herein, all condi- tions specified in the Development Order (Resolution No. R-74-343l and subsequent amendments to the Development Order for Boynton Beach Mall shall remain in full force and effect. 2. Prior to issuance of a Certificate of Occupancy for construction of additional square footaqe pursuant to the Amended Dev~lopment Order, the Appli~ant shall confirm that it will not develop in that area -Limits of Pine Area- shown on Exhibit wl- in the northwest quadrant of the site. 3. Prior to commencinq construction activity within the parcel containinq the area not to be developed, (described by - 4 - -L~its of Pi~_ Area- shown on Exhibit -1-), the- area shal~ be temporarily fenced or otherwise delineated to prevent c~~s~:uc- tion equipment from enterinq the area. 4. All Brazilian pepper, Australian pine, and Melaleuca on the site shall be removed prior to issua.,ce 0: a certificate of occupancy for any build~q constructed pur3uan~ ~o this Development Order. These species shall not be ~sed in landscapinq. S. A landscaped buffer alonq the west boundary of the P~e Are. and adjacent to Javert Street shall be provided in accordance with the plan attached as Exhibit -1-. 6. A. The use of grassy swales shall be utilized in the Dew parkinq lot addi.tions, as shown on the Site Plan (Exhibit -2-) . B. Littoral zone plantinq shall be provided in accordance with the permi.ttinq requir8lllent3 and Florida Depart- ment of EnviroDDental Regulation and South Florida Water Manaqe- ment District. 7. Under no circumstances shall post development runoff volumes exceed predevelopment runoff volumes for a s~or.m event of three-day duration and 25-year return frequency. 8. Prior to issuance of a build~q permit for any addi.tional square footaqe approved by this Development Order, the the applicant of the build~q permit shall prepare a nazardous materials manaqement plan for the expansion that mee~s the approval of Treasure Coast Regional Planninq Council and the City of Boynton Beach. The plan shall: A. Require disclosure by tenant of all hazard- ous materials proposed to be stored, used, or generated on the premises: - 5 - ~ B. Provide minimum standa~ and procedures for storage, prevention of spills, containment of .spills, a~c ~:ans- fer and disposal of sucb materials; C. Provide for proper maintenance, cperation, and monitoring of hazardous materials management systems, including spill and containment systems; O. Detail actions and procedures to be followed in case of an accidental spill; E. Guarantee financial responsibility for spill clean-up; and F. Require the inspection of premises storing, using, or generating hazardous materials prior to commencement of operation and periodically thereafter, to assure that the provi- sions of the plan are being implemented. 9. No building permits for tne Boynton Beach Mall Substantial Deviation shall be issued until all rigbt-of-way within the project boundaries have been dedicated, free and clear of all liens and encumbrance., to the City of Boynton Beacb or Palm Beach County a. necessary and consistent witb the Palm Beach County Thoroughfare Rigbt-of-way Prot!ction Plan. No dedications are necessary to implement the Substantial Deviation. 10. No building permits shall be issued for the Boynton Beach Mall Expansion until an origin/destination (O/ol survey has been conducted and submitted to tne City of Boynton Beach, CoTran, and Treasure Coast Reqional Planning Counc~l. Results of the survey shall clearly demonstrate where the transit riderShip potential ex~sts (originsl and identify which roadway links (i.e., I-95 interchange, Boynton Beach Boulevard, Old Boynton Beach Boulevard, and Congress Avenue, etc.) will be pos~- tively impacted by provision of transit serv~ce to these areas and shall be evaluated to adjust designated travel routers) in order to maximize riderShip. - 6 - ~ne surv.y questionnaire and implem.ntation ~e~h- odoloqy 'shall 'be evaluated by the City of Boynton Beach, ~o~ran, Palm Beach County, and Tr.asure Coast R.qional Planninq Counc~l. 11. No Certificate of Occupancy for the Boynton aeach Mall Expansion shall be is.ued until the followinq a~~vities have be.n completed: A. A ..rvic. contract hAs b.en approved and siqned by the City of Boynton B.ach, the Palm B.ach County Board of County Co~s8ioners sittinq as the County Transportation Authority, and th. applicant wbich provides the level of transi.t service, includinq an appropriate promotional commitm.nt, identi- fied in Condition 12 for the Service Period. Th. Service Period shall be d.fined as a period comDaftciDq thirty day. prior to the openi.Dq to the public of th. Boynton Beach Mall Expansion and conti.nu.inq until of the earlier of: ( i l fi v. years: or ( ii) compl.tion of the identified road imtIrov-ents in the Treasure eo..t Reqional planntnq Council's final a......ent report for the Boynton Beach M~ Substantial D.viation ConcUti.on. 12 and 13. Th. contract sball also includ. a financinq plan for imple- mentation and monitorinq of the transit route ( sl includinq a s.cured fundinq camm1tment (defined as an irrevocable letter of credit or bondl. Th. finaDcinq plan sball provide that the max- imum obliqation of the Applicant under the service contract shall be SlOO,OOO.OO per year for the Service Period: and B. A promotional plan outlininq the strateqies for facili tatj,nq, publicizinq, and encouraqinq the use of this new service shall be submitted and approved by the City of Boynton Beach and CoTran in consultation with the Treasure Coast Reqional Planninq Counc~, Palm Beach CQunty Metropolitan Plan- ninq orqanization. Such promo~ion plan shall no~ require the Applicant to contribute more than S5,000.00 per year dur~nq the Service Period to implement the promotional plan: and - 7 - W' C. ..", A. procedure has been established and approved by the City of Boynton Beach and CoTran in consultat~=n ~ith Treasure Coast Reqional Planning Council for a quarter~y ~oni- toring report that monitors ridership levels, effectiveness of route(s) and schedule(s), and operatinq and maintenancs costs. The monitoring program shall be initiated within 90 days after the date of Certificate of Occupancy is issued for the addi~ional square footage of the Mall and aontinue for the Service Period. 12. The transit service to be provided to the service area for the Boynton Beach Mall sha~l include the following: A. The route(s) sha~l consist of a combination of the proposed Routes A and B identified in the Boynton Beach Ma~~ Expansion Transit Lmpact Study, dated October, 1989, or the route(s) identified by the survey referenced on Condition l~, inc~uding consideration of service to Bethesda Memor~al Hospital and the Boynton Beadl City Ba~~. The final route( s I selected sila~l be approved by the City of Boynton Beach, Palm Beac.b County sitting aa the County T:ansportation Authority, and Treasure Coast Reqional Planning Counci~; and B. The vehicle fleet shall be comprised of a sufficient number of CoTran compatible vehicles to provide 20 minute headways; and C. Bus service shal~ begin 30 calendar days prior to the opening of the Boynton Beach Ma~l ExpanSion to the public. BE !T FURTHER RESOLVED BY THE CZTY COMMISSION OF THE crTY OF BOYNTON BEACH, FLORIDA, AS FOLLOWS: 1. Any modifications or deviations from the approved plans or requirements of this Development Order shall be sub- mitted to the Planning Director for a determination by the City Commission of the City of Boynton Beach as to whether the change - B - const~tute. a sub.tant~al deviation as provided in Section 380.06(19), Florida Statutes. The City Commission of the City of Boynton Beach shall make its determination of substantial aevia- tion at a public hearing after notice to the Applicant. 2. The City of Boynton Beach shall monitor :~e devel- opment of the project to ensure compliance with this Development Order. The City of Boynton Beac:b Planning Director shall be tile local official .ssiqned the responsibility for monitoring the development and enforcing the ter.ms of the Development Order. The Planning Director may require periodic reports of the Appli- cant with reqard to any item set forth in this Development Order. 3. The App~cant sha~ suDait an annual report as required by Section 380.06(18), Plonda Statutes. The annual report sball be subm.itteci on the first annive.sary date of the adoption of the Development Order and shall include the follow- ing: A. Any c:bange. in the plan of develo~ment, or in the repre.enutions ccmtainec:l in the Appl~cation for Development Approval, or in the pb4aing f o. the reporting year and f or the next year: B. A summary comparison of development activity propos~d and act:ually ccnducteci for the year: C.Ondeveloped tracts of land that have been sold, transferred, or leased to a successor developer: D. Identification and intended use of the lands purchased, leased or optioned by the Appl~cant adJacent to the original site since the Development Order was ~ssued: ~. An assessment of the Applicant's and local government's compliance with the conditions of approval contained in this Development Order and the commitments specified in the - 9 - Applica~n for Development Approval ~ summarized in the Reqional Planninq Council Assessment Report for the development undertaken: F. Any request for substantial deviation deter- mination that was filed in the reportinq year or is ant~=ipated to the filed durinq the next year; G. An indic:ation of a chanqe, if any, in local qovernment juriSdiction for any portion of the development since the Development Order was issued: H. A list of siqnificant local, State, and fed- eral parmi ts whidl have been obtained or which are pendinq by aqency, type of permit, permit number, and purpose of each: ! . The annual report shall be transmitted to the City of Boynton Beach, the Treasure Coast Reqional Planninq Coun- cil, the Florida Department of Community Affairs, the Florida Dep~ent of Natural Resources, and such additional parties as may be appropriate or required by law; J. A copy of any recorded notice of the adoption of a Oevelopment Order or the subsequent modification of an adopted Development Order that was recorded by the Applicant pur- suant to Subsection 380.06(15), Florida Statutes: and K. Any other information reasonably required by the City Commission of.the City of Boynton Beach or the Planninq Director to be included in the annual report. 4. The definit~ons found in Chapter 380, Florida Statutes shall apply to this Development Order. S. The City of Boynton Beach hereby aqrees that before December 31, 2010, the Boynton Beach Shoppinq Mall Devel- opment of Reqional Impact shall not be subject to down zoninq, unit density reduction, or intensity reduction, unless the City - 10 - demonstrates at substantial changes in he conditions underlying the approval of the Development Order have occurred, or that the Development Order was based on substantially ~naccu- rate infor.mation provided by the Applicant, or that the cnange is clearly establisbed by the City of Boynton Beach to be essential to the pUblic health, safety, or welfare. 6. T~s Development Order shall be binding upon the Applicant and its a.signe.. 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 d..ignated as successor in interest to, or which otherwise pos.esses any of the powers and duties of any refer- enced government agency in ex.istence on the effective date of tJUs Development Order. 7. The approval granted by this Development Order is cond.ition&.l. and shall not be construed to obv1.ate the duty of the Applicant to cOlllply with all other applicable local, State, and federal parmi ttiZlg requirements. 8. In the event that any portion or section of this Development Order is deemed to be invalid, illegal, or unconsti- tutional by a court of competent jurisdiction, su~ decision shall in no manner affect the remaining portions or sections of the original Development Order, whicb shall remain in full force and effect. 9. T~s Development Order shall become effective Lmmediately upon adoption. 10. Certified copies of this Development Order shall be transm1tted immediately by certified mail to the Department of Community Affairs, the TreAsure Coast Regional Plann~nq Counc1l, and Applicant. - 11 ;.. 19th ... PASSED AND ADOPTED in a pUblic ~arinq beld on 1:his the day of DeCember , 198 9. I . :v ~~/'2Ci.t:J CCQmm.i '.!I.!Ii 'n"~ ~:~~ {~ / / --- Mayor I ;' , · ~/\ ~t-- ~ ~ Vice Mayor .:f- f,..JJ ~ ~ tAl.Lv-~ eo-i"ion~ . ~ ~~L'~ . Olllr1.Ssi"'oner COIIIIIti.ssicner A1:~..t: :i~~/Cb~~.. Su ne M. Kruse Deputy City Clerk - 12 - ) I "f- J .J ...-: . ....,-... .~.--. .........-..... . ( ( "I.. E:CBD%'1' -A. IIODftQI BDCI PAII:ZL '7 s.a3 M::II!S . . A ~ of 1MId lyinIJ 1n s.:t.i... 19. ~ip ., Saatta. -. .3 !Me. ,.Ja =-= Coum:y. norilla. beiDJ __ ~-I-ly ca.::ibell _ foll~: c ~ at: t:be c..t. of _id Scti... 19, ~ 1I.~'51-".. .1GnlJ ttle Noctb Saatb 1/4 Sed:ian 1m. of _id Ser::l:ian. . ~ of 35.00 f..c; th8tc=- lI.a~'21~. a di.st:anc:a of <40.01. ~ to the- pdncifal point: and p1aclt of '-JimincJ of the- fol1owillCJ ~ipt:jan: "...-=- N.O'"51'51-.... a1anlJ .. 1m. 4G.aa !.-: ra.e of and puallel vith said ...tb South 1/4 Sct:ian li.... . d~ of Wl.%3 feet: to a point on the South riqht-of......, li.. of Boynto-:-, Canal; tt--=- N.8P05'26""!:.. alCllllJ said Soatb ~i"t:-of-.,. li.... . disc..:. of 347.'3 feet: to a poim:: ~. S.0-05.21...... .. dlst:anc:a of 142..az fe.t: to a point:: ttMncw 233.a7 f..c alCllMJ .. uc. to tbe dqht:. '-ri1lCJ .. radius of 335.00 f~ ... .. c:bocd of 22!.lS m.t ~i..,. S.~'~ ~ 372.10 feet:. .1anq an ace to the 1"~ '-ri..., a raIIi.. of 41O.aa feet: ~ a ehord of 359.4' f..c. '-Ki", S.14-05'2&-11.: ~ S.U-5oI'34""!:.. a dis1:an:lt of 70.00 f..c to a point:; ~ 172.2& feet:. a1GnlJ an arc to the dqtn:. hav!", a. J:adl.. of 235.00 feet: and _.. c:baa:t of lA..c3 feet: ~1", S.'-OS.'2S.....: tIMI",-- ~18 f..c. a!anIJ .. ace to tbe l.ft navi..., . J:JId1ua of 32!.aa feR and a c:ba&d of 179.Bl t..c. b..d", $.14-01 '~J"".: ~ S.a:zeal'39""!:.. .. dt.eaac. of 23.07 f8et:. to .. paine: t:t--=- 94.25 1:eet:. alanlJ .. arc to tbe dqIU: -.,t.., .. J:adl.. of 6O.aa feet: and .. c:baaI of 84.as te.e. bMd..., S.4~'~".. t!--=- S.~'~"'.. .. d18b._ of SO.59 feet: to the PaiM of &.Jimi", and ~ini", 5.83 -=-. of lMxI. _ or 1_. ...-.=: m.- ~_.~.--- [. ..~~ - -- .. . SOytrrOR SEAC2! MALI. 1I6.364 Aces ,.~ .J. A b'ac: of ]..usd loca:ed. in Section 19, 't'Ovnani p 45 sou Con · aUIIJ.' 4J E&s Co. Coun t.y of P.la aeacn , r10 ~ ida and fur:ner de.cri=ed aa follQ~a: a..,inninq ae.. the Soue.he.se. =ner of Section 19, T4S S, a43E: c.benc. N 00 - S9' 39 - K &lonq t:be Ease. line of !laid Sec~iQn 19, a d.i..u.nce of 1898.10 feat: to 'a paine.: tnenc. S 89- 00' 21- 101, .. d.i.st.a.oc. of 60.00 f.at: to .. paint. on th. .....c..z:oly riqht.-of-way line of eanqr.s. Avenue, sa.i.d. paine. al.so beinq tne principal poine. and place of beqinninq of tne follovinq de.cript.ion: Thence S 8S- aS" 2&- K, a cU.s~c. of 846.73 f..e. to .. paint.; c.bence S 43- 32' 54- K, a dist.anc. ot 57.02 feee. to a poine.: e.henee S 00- 59' 39- E. a distance of 258.27ee.t. to a point.: c.benca S 15- 46' 44.2- E. a cu.se.ance of 199.60 f.ee. to a paine.: thence S 00- 59' 39- E, a di.st.ance'ot 102.20 feet. to .. paint.; tnence S 44- 46' 34- E.. a cUst.a.oc. of 14.45 fe.e. t.o a paine. on tn. noz:tbez:1y riqbe-of-vay u.ne of BOynt.on Wae. Road. <toCll&J:ly old. aoyn1:.On Road); thence N 89- 46' 34- w, alonq said nortber1y Une, a cU.st.ance of 1684.25 feat c.o a poine.:. t.nenc. N 00 - 51' 51- K, a cUst:anc. of U28. 05 fe.e. c.o a pout.; thence N 87- 58' 41.- E. a cU.st:ance of 52.34 f.ac to a poinc; t.benc. 227.77 f_c &.1.onq a ClaZOV. to c.n. 1.:e., havinq a radius of 145.00 feet: ADd ... c:bord of 205.06 f..t., bearinq N 42- 58' 41.- E. c.o ... poine; thenc. N 2- 01' 3'- 101, . d~t:Anc. of 23.67 fHt. to a pouu:: thence 134.54 feee. &lonq a curve c.o t.ba riqht.., bavinCJ ... z:oaclius of 240.00 f..e. and a chord of 13%.78 fe.t:. baariDq H U- 01' 53.S. E to ... point; thence 234.S7 feec &lODCJ a CtUVa to the left,' "a,,1nq a radius at 3%0.00 fe.t and .. c:bord of 229.36 f..t.. be.rinq N 9- 05' 2&- E l:O a point.; thence It U- .54' 34 - K. a cUse.ance of 7Q. 00 feet to & point: thence 294.96 fe.e. alonq & cw:ve to the r iqbt., !'aavinq, a radius of 32S. 00 f..l: and a c:bol:'a of 28".94 feec, bearinq N 14- OS' 2&- E to a paine.: tnenee 293.22 fe.e alanq a c:urve 1:0 the l.tt. 11."inq a radiua of 420.00 feel: and a c:bora of 287.30 het., .beariaq H20- OS' 26- E to a painl:; tnence N 00- as' 26- E. a diat.ance of 14S.00 f.ee. to a paine; 'thence N 8a - OS' 26 - E, a distance ot 1738.97 feet to a point; enence S 00- 59' 39- E, a aiscance ot 472.86 feee. to a ~oint.; tnence N 8S- OS' 2&-E. a discance of 328.87 feet. to a poine. on t.he westerly line of eanqr..s Avenue, thence S 00- 59' 39-E. a10nq said weste~ly line, a distance of 130.01 feet 'to"'a paine.;-O'tnence N 4'- 27"0"'- ',i, a distance of 56.11 feet. to a paint: tnence S 88- OS' 26 - .M. a cUst.ance of. 430.00 feet to & paine.; tnenc. S 00- 5" 3'- E. a dist.anc. of 60'.99 fe.t. to a painc; tbenc. It 8S- as' 2&- E.. a diat.ance of 430.00 f.ec to' a painl:; enenc. It 43- 32' 54- E. a diat.ance of 57.02 f.et to a poine. on tne Kescer1y line of eanqress Avenue; thence S 00. 59' 39. ~, alonq said w.se..rly line, a distance of 170.01 feel: 1:0 a po~nl:; thence N 46. 27' 0&- K, a distanc. of 56_11 f.et to a po~ne.; thence S 88- OS' 2&- N, a dis~~ce of 608.00 feec to a pa~nl:; th.nc. S 00'- 5" 3' - E.. .. dise.anc. of 230.00 fe.t to a po~ne.; thence It 88- OS' 2&- ~, a dise.ance of 340.00 feec. to a poLnt; tbence S 00- 59' 39- E, a dise.ance of 150 00 feee. to a po~ne.: thence S 88- OS' 2&- K, a distance of 340:00 feet to a po~nt: tnenc. S 00- 59' 39- E. a distance of 229.99 feee. to a poLnc.; tnence N 88- OS' 26- E. a diat:ance of 608.00 feet. to a poine.; thence N 43- 32', 5"W E, a distance of 57 02 feet too a point on tne W..terly, line of Congl:'esa AVen~e; theDc:e S 00 - 59' 39 - E. alonq .aid. west.erly line. a discance of 1.30.01 feet to tne ~rincipal point and place of beqinninq and containinq 107.7S acres of land, More or lesso AND .\ p.....1 ot 1 1y1aq 1n S..U. 19, 1'owa..1, 45 s_'-. a....,. 4~ E&ac. '81. a.aca CouIlCY. Flol'1da. lM1nq ..n pan icnahr1 Y ca..CZ'1II_ .. tollovar ~II l.....e ~ e_eft ot. Seee1_ 1': 1:JMnc. H O. 51' 51. If. _1-. . the No~ SoucJa 1/4 Seccloa line- 0' ..ld Sec1:1oa. A 41.C.... ot :SS.oo 'HC: Chac. N 11. 5" U- !:~ . cl1aUftc. ot %0.00 t..c to the priAclpal potAe ana 1'1... oC l:a..,lJUliDq oC the Col1~nq ca..GripelOBr na.... c:oaC1Da1aq H a~ 58' 21- J: a cu.ac_. ot %0.01 tHe to ~ potAc; th....:. H O. 51' 51- If. a1-. . 1.1ae- 4G.00 tHC E.ac oC ... p....allel vlcJa aa1d Ho&'tJa SoucJa 1.14 S.cu_ 1..i.D.. . cU.scaac. ot 1.191.-U elMC 1:0 . poac _ ~ SoucJa rillAc-.'_a,. 1.1Ae oC Boyacon CaaaJ.; l:.beac. H as. OS' %,- E. &J.oaq ..14 SoucJa ricrAc-.t-"a., line. a 41acaac. oC 43%.99 teec 1:0 . potae: ta....:. S 0- OS' %6- ~. · 41acaac. oC 1.45.00 teec 1:0 . poae: &bene. %93.%% tHe a10nq .n ..'e to th. r1qAc. lI&.,. . r..u.... ot 4%G.00 C..c &lid . dlo" 0' 21'7.:0 t_c lMar1acr S 20- OS' 26- If, tJa-. 194.'6 t..c. &1onq - an 1:0 the 'l.Ce lIawu., . r_~ ot Jzs.ao Ceet ana . UO&'d oC 214.'4 e.... lM....1aq. 5 14. OS' 2'- If, ~. S 11- 54' 34- t. . due.... o( 70.00 C.ec 1:0 . potAc; th_. %34.57 h.c, donq an lire to the ricrhc. u.,t..., . ralll... ot 3%0.00 C_c And A chon oC 22'...36 t_e lM.c1nq S. ,- OS' 2'- If, ~. U4.S4 t_c. a.l.aner an -- to tae 1.tl: lI&.,1acr . r_l... cat 240.00 teet ... . c:aon oC U%.7' t_c. l:a.....1aq S 14. 01' SJ- If, ~ S OZ. 01' 39- E. . cUacaac. ot U.67 '_e co . !Mae; tal-. 2%'1. n tHC. .1oaq an .- to the riqAe !lawt... 1I r_l_ cat 145.00 teee and a =hen ot 20'~06 ,..C. l:a.ar1nq S 42. sa' 21- If, ~ S ''7. 51' 21- If, . cUacaa.. ot 7%.:4 eHe 1:0 . petae, a.... H O. 51' s; - If _ 41..... ot as.OO ,.... 1:0 ~ petAc cat ...~ &lid oaeua1nq '.614 &CZ'_ DC 1.... ..... or 1__. , AlII) .1 If~ PMCIr. + z. 793 M:aS A JtUCQ1 oC laad lym., 1a ~ 19. ~p 45 SolIe. baqe 43 ~c. Palla IIoacIa C-CY. n..1da. HiDer .... par1:1cu.LA&'ly doocr1JleG _ CoU__ ,. Ill.. && =- c:.a.... oC saU SecI:j,_ 19: ~. H 0- 51' 51. If. u.... =- HorI:!a s.aCJa V4 Sec:1_ 11ae aC said Secc1_. 1I dlacaaco at .3S.OG teee; ~. N a7- sa' 21- E. & calaC&IIC. ot 20.00 ,... 1:0 th. P&'tad.~ JMlUac ..... p1_ ot lM91nataq ot the toll_taq ci-.:1ltC1oal n.-. N I~ 5.' 21- & _ cUacaaco ot 20.01 teee 1:0 _ popae: ~ N 00. 51' 51- " _ cU.- DC U91..%3 t... 1:0 . perlac: ~. H sa. OS' a- E a ~ o~ 50.01 '_e to 1I poiac~ ~. S 00. 51' 51- E a cUacaaco o~ 1.:S5.00 Ceee to . poinc~ tA-.. M 1'- OS' 09- E . ci1-=-. ot 50.00 ,... co 1I painc: tA-. SOD- 51' 51- E . cUa___ ot 110.00 ,... to a painc: ~ N .9. 0.' ~ E. . diaC&ac. ot 10.00 teet: to 1I paine:' Q_. S 00. 51' 51- I: . cUacaDc. aC 690.00 'eet: to 1I poine. Q_. S 8'. OS' 09- If & dl.--.. at: 2..95 '_e ~ 1I paine; th.... S 00. 51' 51- I: . cil.--. ot 160.:9 C_c to _ poanc: th8llCO S 87. SS- 21- If . .u.caaco o~ 34.96 !ltOC to & poinc: th_. S OZ. 01' 3'- Ii: . d1ac_. ot UO.OO (_e to . pIIinc; Q_. S 87.- SI' 21- If 1I ciu~ oC 72.,34 t_c to . poine: th__ NOD. 51' 51- If & 418CanC. oC 85.00 t..c to the poine ot b..,l_i.., &ad oacaiDta9 2.793 ___ o( 1__ _r. oc 1.... 'W .., i.". .;. : f I i ~ ~ IJ 1 l -l IU jE=l'i c:l i ! -!I i.. ~ :: . &" a! ~ ",,1t~1 I '.:.I1.~1 :: ~~: I -u< ~ I ...<w aswa: ~CQ< X:zw wo~ 1-0- Z :> o .aJ o e~~' . ~:. ,~."': ",=,..' . ~~~~~I ~~ ~ e ~ ~(:) ~ ..' .. . .~ ~ ., a n ,I' 4- I o t'l X - ... ". ... III ... -t if " . . i ., :":'.; . I 'J ~..t . ...~ ,'/ ". . ..; , '- -~ 21."".. .'~ . , ,~: ':.'~# " " " . ."~ tl: .,~... '. ..': .... '!".' z o . .II ~'I -., E . - ; - ... ... of i . I I ATTACHMENT 8 RECOMMENDATIONS If the City of Boynton Beach chooses to approve the proposed expansion to the Boynton Beach Mall Development of Regional Impact, it is the recommendation of the Treasure Coast Regional Planning Council that the following conditions or requirements are included in the Development Order or Development Order amendment issued by the City of Boynton Beach. APPLICATION FOR DEVELOPMENT APPROVAL 1. The Boynton Beach Mall Substantial Deviation Application for Development Approval is incorporated herein by reference. It is relied upon, but not to the exclusion of other available information, by the parties in discharging their statutory duties under Chapter 380, Florida statutes. Substantial compliance wi th the representations contained in the Substantial Deviation Application for Development Approval, as modified by Development Order amendment conditions, is a condition for approval. For the purpose of this condition, the Substantial Deviation Application for Development Approval shall include the following items: a. Substantial Deviation Application for Development Approval dated August 18, 1988; b. Supplemental information dated September 14, 1988; and c. Supplemental information dated December 12, 1988. VI EFFECTIVENESS OF DEVELOPMENT ORDER 2. Except as specifically amended herein, all condi tions specified in the Development Order (Resolution NUllIl:Jer R-74-343) and subsequent amendments to the Development Order fQr Boynton Beach Mall shall remain in full force and effect. HABITAT, VEGETATION, AND WILDLIFE 3. The developer shall preserve no less than 5.83 acres of pineland in the northwest quadrant of the site whose approximate location is shown in Exhibit HVW-l. Preservation in perpetuity as a native habitat preserve area shall be assured by deed restriction for a minimum of 5.83 contiguous acres within that quadrant. 4. Within one year from the effective date of the Development Order and prior to the issuance of certificate(s) of occupancy for any additional square footage constructed pursuant to this Development Order, the following must be demonstrated to have occurred to the satisfaction of the City of Boynton Beach in consultation with Treasure Coast Regional Planning Council: a. all exotic vegetation which occurs in the preserve areas shall have been removed: b. habitat value of the preserve area shall have been improved by control of vines and appropriate replanting of areas currently dominated by exotic vegetation: and VII ,.,. ..., c. a plan which includes methods of funding for the on-going maintenance and management of the native habitat preserve area satisfactory to the City of Boynton Beach in consultation with Treasure Coast Regional Planning Council shall have been submi tted to both of those enti ties unless the area is deeded over to the City of Boynton Beach or another entity acceptable both to the City and Treasure Coast Regional Planning Council. If ownership of the area is transferred, it must be done so wi th deed restrictions that require its preservation as a native habitat area. S. Prior to commencing construction acti vi ty wi thin the parcel containing the preserve, the preserve shall be temporarily fenced or otherwise delineated to prevent construction equipment from entering the area. 6. All Brazilian pepper, Australian pine, and Melaleuca on the site shall be removed prior to issuance of a certificate of occupancy for any building constructed pursuant to this Development Order. These species shall not be used in landscaping. DRAINAGE 7 . The stormwater management system serving the Boynton Beach Mall shall be modified to ensure discharge will meet the water quality standards of Florida Administrative Code Rule 17-3 by incorporating the following Best Management Practices: use of grassy VIII swales to pretreat runoff before conveying it to the detention ponds and weekly parking lot sweeping. S. Vegetated littoral zones shall be established around the existing detention ponds utilizing native woody species. Prior to construction and planting of the littoral zones, the developer shall prepare a design and management plan for the littoral zone to be reviewed for consistency wi th the Regional Comprehensive Policy Plan by Treasure Coast Regional Planning Council in consultation with the City of Boynton Beach, South Florida Water Management District, and Florida Department of Environmental Regulation, and a~proved by the City of Boynton Beach, South Florida Water Management District, and Florida Department of Environmental Regulation. The plan shall: (1) include a plan view and site location; (2) include a typical cross section of the detention pond; (3) specify how vegetation is to be established within the littoral zones: and (4) provide a description of any monitoring and maintenance procedures to be followed in order to assure the continued viability and health of the littoral zones. If Treasure Coast Regional Planning Council determines that the design and management plan for the littoral zones is not consistent with the Regional Comprehensive Policy Plan, then the developer will be in violation of the Development Order. No certificates of occupancy shall be issued for any IX ... .., additional square footage constructed pursuant to this Development Order until the plan is determined to be consistent with the Regional Plan. Wherever possible a minimum of ten square feet of vegetated littoral zone per linear foot of shoreline shall be established and configured so that at least SO percent of the shoreline has a vegetated littoral zone. Alternate design may be necessary due to physical constraints inherent in retrofitting these existing detention ponds. The littoral zones shall be in place prior to the issuance of a certificate of occupancy for any additional square footage constructed pursuant to this Development Order. 9 . Under no circumstances shall post development runoff volumes exceed predevelopment runoff volumes for a storm event of three-day duration and 25-year return frequency. HAZARDOUS MATERIALS AND WASTE 10. Prior to issuance of a building permit for any additional square footage approved by this Development Order, the developer shall prepare a hazardous materials management plan to be reviewed by the Treasure Coast Regional Planning Council for consistency with the Regional Comprehensive Policy Plan and approved by the City of Boynton Beach. The plan shall: x a. require disclosure by tenant of all hazardous materials proposed to be stored, used, or generated on the premises~ b. provide minimum standards and procedures for storaqe, prevention of spills, containment of spills, and transfer and disposal of such materials; c. provide for proper maintenance, operation, and monitoring of hazardous materials manaqement systems, includinq spill and containment systems~ d. detail actions and procedures to be followed in case of an accidental spill~ e. guarantee financial responsibility for spill clean-up~ and f. require the inspection of premises storing, usinq, or generatinq hazardous materials prior to commencement of operation and periodically thereafter, to assure that the provisions of the plan are beinq implemented. If Treasure Coast Reqional Planning Council determines that the hazardous waste management plan is not consistent with the Regional Comprehensive Policy Plan, then the developer will be in violation of the Development Order. No additional building permits shall be issued until the hazardous waste management plan is found to be consistent with the Regional Plan. XI ... .., TRANSPORTATION 11. No building permits for the Boynton Beach Mall Substantial Deviation shall be issued until all right- Of-way within the project boundaries have been dedicated, free and clear of all liens and encumbrances, to the City of Boynton Beach or Palm Beach County as necessary and consistent with the Palm Beach County Thoroughfare Right-of-way Protection Plan. 12. No building permits shall be issued for the Boynton Beach Mall Substantial Deviation until contracts have been let for the following roadway improvements: a. construct Congress Avenue between N.W. 22nd Avenue and New Boynton Beach Boulevard as a six-lane divided roadway; and b. construct Old Boynton West Road between Military Trail and Lawrence Road as a four-lane divided roadway. No certificates of occupancy shall be issued for the Boynton Beach Mall Substantial Deviation until the improvements under a and b above have been completed. 13 . No building permits shall be issued for the Boynton Beach Mall Substantial Deviation until contracts have been let to construct to the following intersection configurations, including signalization modifications as warranted by City, County, or State criteria: XII a. Hypoluxo Road/Congress Avenue Northbound Southbound one right-turn lane one right-turn lane two through lanes two through lanes two left-turn lanes two left-turn lanes Eastbound Westbound one right-turn lane one right-turn lane two through lanes two through lanes two left-turn lanes two left-turn lanes b. N.W. 22nd Avenue/Congress Avenue Northbound Southbound one right-turn lane one right/through lane two through lanes one through lane one left-turn lane one left-turn lane Eastbound Westbound one right-turn lane one right-turn lane one through lane two through lanes one left-turn lane one left-turn lane c. Old Boynton West Road/Congress Avenue Northbound Southbound one right/through lane one right/through lane two through lanes two through lanes two left-turn lanes one left-turn lane Eastbound Westbound one right-turn lane one right/through lane one through lane one through lane two left-turn lanes one left-turn lane XIII ... .., ., d. New Boynton Beach Boulevard/Congress Avenue Northbound one right-turn lane three through lanes two left-turn lanes Eastbound one right-turn lane three through lanes two left-turn lanes Southbound one right-turn lane three through lanes two left-turn lanes Westbound one right-turn lane three through lanes two left-turn lanes e. New Boynton Beach Boulevard/I-95 West Northbound Not Applicable Eastbound ::LL.T one right-turn lane 3T three through lanes Southbound one right-turn lane two left-turn lanes Westbound three through lanes two left-turn lanes f. New Boynton Beach Boulevard/I-95 East Northbound Southbound one right-turn lane Not Applicable two left-turn J.anes Eastbound Westbound -(-.- three through lanes on;!" right-turn lane 3'- two left-turn lanes three through lanes All configurations shall be constructed and permitted in accordance with City, County, and State criteria. XIV No certificates of occupancy spall be issued for the Boynton Beach Mall Substantial Deviation until the improvements under a, b, c, d, e, and f above have been completed. 14. The developer shall pay a fair share contribution consistent with the fair share impact fee ordinance applicable to the Boynton Beach Mall Substantial Deviation. IS . No addi tional building permi ts shall be issued after December 31, 1989, unless a traffic study has been conducted by the developer, and submitted to and approved by Palm Beach County, the ci ty of Boynton Beach, and Treasure Coast Regional Planning Council that demonstrates that the regional roadway network can accommodate a specified amount of addi tional Boynton Beach Mall generated traffic and growth in background traffic beyond 1989 and still be maintained at Level of Service C during annual average daily traffic and Level of Service D during the peak season, peak hour conditions. The traffic study shall: a. be conducted in 1990; and b. identify the improvements and timing of those improvements necessary to provide Level of Service C under annual average daily traffic condi tions and Level of Service 0 under peak hour, peak xv ~ .., season operating condi tions for the subj ect transportation network during the projected completion of the project, including project impacts and growth in background traffic. Additional building permits shall not be issued until a new proj ect phasing program and roadway improvement program (necessary to maintain Level of Service C annual average- daily and Level of Service D peak season, peak hour operating conditions) has been approved by Palm Beach County, the Ci ty of Boynton Beach, and Treasure Coast Regional Planning Council for the remainder of the development. 16. No building permits shall be issued for the Boynton Beach Mall Substantial Deviation until it has been demonstrated to the satisfaction and approval of the City of Boynton Beach and Treasure Coast Regional Planning Council in consultation with Palm Beach County Engineering Department and Metropolitan Planning Organization that the transit plan alternative outlined below will adequately mi tiqate the additional impacts generated by the Boynton Beach Mall Substantial Deviation in lieu of construction of some or all of the roadway and intersection improvements identified in Condi tions 12 and 13 in Council's Boynton Beach Mall SUbstantial Deviation Report and Recommendations adopted on April 21, 1989. Any portion of Conditions XVI 12 and 13 not satisfied by the approved transit plan alternative shall remain in full force and effect. The plan shall include the following: a. A transit study that addresses the feasibility and justification that the service will be used by targeted populations including a ridership forecast and availability of equipment and manpower. b. An identified and approved transit route(s) and schedule (s) to provide service to the mall, and surrounding residential neighborhoods. c. A financial plan for implementation of transit service including a secured funding commitment (defined by an irrevocable letter of credit or bond) which will guarantee transit service to the mall until all the improvements identified in Conditions 12 and 13 have been constructed. Funding shall also be secured for the monitoring outlined below. d. Methods to facilitate, publicize, and encourage mass transit use such as construction of bus shelters, provision of bus stop signs, distribution and public display of bus schedules and mass transit information, shopper surveys, incentives, etc. XVII w ""'" e. A quarterly monitoring report that monitors ridership levels, effectiveness of routes and schedules, and operating and maintenance costs involved. The monitoring program shall be initiated within 30 days of the opening of the additional square footage of the mall and continue until improvements identified in Conditions 12 and 13 have been completed. A determination regarding continuation of the transit service after the completion of identified road and intersection improvements shall be based upon an evaluation of the quarterly monitoring reports and existing levels of service on the roadways. No certificates of occupancy shall be issued for the Boynton Beach Mall Substantial Deviation until such time as elements of the transit plan alternative are implemented and the service is on line to begin service on opening day of the additional square footage of the mall. XVIII / ~ 1 , , ~ 1 1 I ~ ~ \1 j , I I 1 1 j 1 1 i . U,(.!r.:r~,,,l \.~~. . "~ treOJure - ,.O?\ /1 i-... -~.:." ')~ ., .' reg~~QnQJ p~annJQg councd -\ .... !'~JjI:~ .,:;~. ;....,...., . .~TT ACHMENT Co ~':. ..:~:.... '~~_1 - 0._. _. ~.~._ _~.;p:;I . .... . ' ....- .,:. ~ r:fm \ i't.::t~t ~.."""-- .,-"..,.. "'. .:.. '--.--"-"~'-.' .. November 27, 1989 Mr. Tilll Canna::. Interim Planning Director City ot Boynton Beach Post Office Box 310 Bo~ton Beach, FL 33~5-0310 Su=jec~: Boynton Beach Mall Development of Regional Impac~ Substantial Deviation Dear Mr. Cannon: At the April 21, 1989, the Treasure Coast Regional Planning council adopted the final Report and Recommendations for the Boynton Beach Mall Development of Regional Impact (DRI) Substantial Deviation. The report includes a condition which provides the opportunity for a t=ansit-related solution to the identified roadway and intersl?c,"=ion impro~J'em6:'lts necessa::y to maintain Council's adopt!!d :.avel of service on the transportation net~ork as a result of the proposed Mall expansion. In response to direction given by Council at its April meeting, the applicant in consultation with Co~ran, Pal~ Beach county's Metropolitan Planning organization and Engineerinq Depa~ent, and Treasure Coast 'Regional Planning Council began- evaluating the transi~ potential in the Boynton Beach area. The resulting transit study seems to indicate that an adequate level of transit potential :nay exist ",o/i thin close proximity of the Boynton Beach Mall to make t=ansit se~,ice to the Mall one option to the improvements identified in Conditions 12 and 13 of the Boynton Beach Mall Report and Recommendations. Staff has developed the enclosed transit-related Conditicns 16, 17, and 13 for the City's consideration as :nitigat:..on for the anticipated impact on the t=ansportation sys~:m resulti."1g from Mall expansion_ It is s"Caff's opinion tha~ these conditions adequately address Counc:..l's intent of ;:xaintaining acceptable levels of se~'ice on the regional road-Nay net-,w"ork. Should 'I::J.e Regional Planning Counc:..2. recei',e an amended Development Order (DO) for ':one Bcynton Beach Mall ',o/hich includes Conditions 16, 17, and 13 (as enclosed) in su.bsti tution for the improveI:lents identi.: ied in Conditions 12 and 13 in the Repor~ and Recommendations for the Boynton \ 3each Mall DR! Substantial Devia~icn, staf= Nculd recommend \ \ '''-. \ ~ .-'"' . .~_. ...-......-....1 3221 s.w, martIn downs blva. suite 2D5 . ".0. Doll 1529 I'Glm CIty, tlonaa ~9CXJ .,none (4071 236-3313 .._.~._~._---_.-.._--------~---~--_.---- -./ "'J .. .. , "' Mr. Tim Cannon Interim Planning Director City of Boynton Eeach .November 27, 1989 Page Two to Council that the amended 00 for the Boynton Beach Mall Substantial Deviation be approved and that no appeal be taken. However, final policy decision will be made by Council. Also enclosed for your convenience are ~.o additional modifications to the recommended conditi.ons for development approval which ~ere transmitted to the City on May 5, 1989. As you will note, these changes modify Conditions 1 and 15. Condition 1 now includes the Bovnton Beach Mall E""a'1s~on Transit Imcact StUdy as part: of the Application for Development Approval. Given the unforeseen delays in project approval, Condition 13 now reflects an extended termination date for issuance of building per:nits. t1odifications to the conditions transmitted to the City on ~1ay 5 are shown in the strike-through, underline format. I trust the enclosed conditions will be helpful to you and to the City Commission as the amended DO for the Boynton Beach Mall is being evaluated. Should you have any questions, please contact me or Teresa Cantrell, of my staff. - :JMC: lh.b Enclosure cc: J. Stansbury G. Schmidt A. Ennis J. Golden T. Marsicano C. Coq.ahan ) r) RECOMMENDATIONS If the City of Boynton Beach chooses to approve the proposed expansion to the Boynton Beach Mall Dev.elopment of Regional Impact, it is the recommendation of the Treasure Coast Regional Planning Council that the following conditions or requirements are included in the Development Order or Development Order amendment issued by the Ci ':.y of Boynton Beach. APPLICATION FOR DEVELOp~n APPROVAL 1. The Boynton Beach Mall Substantial Deviation Application for Development Approval is incor?orated herein by reference. It is relied upon, but not to the exclusian of other available information, by ~~e pa~ies in discharging their stat-:.ltory duties under Chapter J80, Florida Statutes. Substantial compliance with the representations contained in t~e Substantial Deviation Application for Developmen~ Approval, as 'modified by Development Order amendment conditions, is a condition for approval. For the purpose of this condition, the Substantial Deviation Application for Development Approval , ., sna__ include the following items: 1 ./ ) .... ..., a. Substantial Deviation Application for Development Approval dated August 18, 1988; b. Supplemental intor:nation dated September 14, 1988; a.!'\ei c. Supplemental intor:nation dated December 12, 1988; and S.:. Bovnton Beach Mall EX'Oansion Transit I:toact Studv. dated October 1989. 15. No additional building per:ni ts shall be issued after eeee~e~-~~7-~~~ June :0. 1990/ unless a traffic study has been conducted by th'e developer, and submitted to and approved by Palm Beach County, the City ot Boynton Beach, and Treasure Coast Regional Planning Council that demonstrates that the regional roadway net~ork can accommodate a specified amoum: ot additional Boynton Beach Mall generated traffic and growth in background traffic beyond 1989 and still be ~aintained at Level of SerTice C during annual average daily traf=ic and Level at Service 0 during the peak season, peak hour conditions. The traffic study shall: a. be conducted in t~e 1990 ::leak seas en (Janua~,- Marchl; and 2 l ) ,--- , \ b. identify the improvements and timing of those improvements necessary to provide Level of Service C under annual average daily traffic condi tions and Level of Service D under peak hour, peak season conditions. 16. Should the City of 8ovnton 8each dete!'!:'line that the transit mitiaation alternativs as outlined below and.in Conditions 17 and 18 is more desirable than the net~ork im~rovements reauired in Conditions 12-15. then no buildina ce~its shall be issued for the Bovnton Beach Mall Exoansion (Sears s~ore) until an oriain/destination (0/0) surre', has been conduc'ted. Resul ts 0 f the surrey shall clearl., demons~rate ''''here the trans it ridershic ootential exists (oriains) and identifY which roadway links (i.e.. I-95 interchanae. Bovnton geach 80ulevard. Ol? 8ovnton 8each Boulevard. and Conaress Avenue. ete,) '..;i be . !!l'Oac"ted =" en 01'= t-ans~":, serrice to these areas and shall ::e eval'lated and aooroved by the City of 80ynton 8each. CoTran. and Treasure Coast Reaional Plannina Council in consultation '''; ; ... the each Ceu -e-, 1"'~'3.f.&:.;c ~ncr.;~ee~i"!"'!a Deoar":':!!ent, :'~e SUr'le'l cues~':"::n~a i":-= -=~c. :.~-=:!- -=~er:ta ": :~n ~et::cc.= l =c-r shall be t'evie~...ed and aoor':)ved bv the Ci t., 0 f Boynton 3 ) ') -... ..", Beach. CoTran. Palm Beach Countv. and Treasure Coast Reaional Plannina Council. 17. No buildina oe~i ts shall be issued for the Bovnton Beach Mall E~ansion (Sears store) until the followina activities have been comoleted: .s..:.. A ser)'ice contract has been ao"Oroved and siO'ned bv the Ci tv of 80vnton 8each. the Palm Beach County ::unt., Comm' ""s si tti nO' as t e C::U:1t., Authe ; t, and the aoo ; cant 'N'h' ch o ; ~ se"",'; C9 ao"Orooriate 'Oremotional commit~ent. identified in or a min'~um oe~iod '0 a maximum oeriod cov~rinO' the com"Oletion of the ied road '~"Orov~~ents n the T-easu e Coast Reaional 01 . . _annlr~a Council's final assessme~t reoo~ Eo the 90vntcn geach ~all SUbstantial Qeviat~cn Condi tions 12 and , ., .... . The contrac~ shall also . c ude a olan "or monitorina of the transit routers) includina a secured :'.lnd inO' c=:mrni-+::":'!ent (def:.::ed as an ir-:-e',ocable letter of credit or bend]; and ~ .:;, C!"c~ct icr.a 1 clan '::lUtli.nincr -~Q -.. - s~::-~~=aies --- -...,I.... facilitatina. oublicizina. and enc::uraO'i:!O' the use ,1 ... :' \ J 'j . ' of this new se~'ice shall be submitted and ann roved bv the City of Bovnton Beach and CoTran in consul- tation with the Treasure Coast Reaional Plannina Council, Palm Beach Count~' ~etrocoli tan Plannina Oraanization: and ~ A orocedure has been established and accroved bv the Ci tv of Bovnton 8each and CoT=-an in consul ~ation with Treasure Coast Reaional'Plannina Council for a auarterlv monitorina reoort that monitors ridershi~ levels. effectiveness of routers) and schedule(s). and oneratina and maintenance costs. The ~onitorina oroaram shall be initiated '..;ithin 90 davs of the data the certificate of occ...l"canc., is :..ssued for the additional sauare foo~aae of the mall and continue for a minimum of fi',e vears. A dete~ination reaar~ina continuation of the transit se~,ice after the comnletion of identified "C"oad and i.ntersection i~crove~ents in Conditions 12 and 13 shall be based u'Con an evaluation of the cruar':erl" . .. . ::!on~..orlna reoorts and existina levels of se2:"",ice on the roadwavs. ~lo cer-:ificaces of occ".Jnanc" shall be i.ssued for the 3ovr.~on 3e~ch ~all ~~ansion (Sears s~ore) unt:l such t:~e as selec~ed ~=ansi~ ==ute(s) ~a"~ ~~en ~~ se~T~=e ~=r 30 da~'s. 5, w ."", ., la. se~'ice to be 'O~ov ea for the Boynton Beach Mall shall include the followina: ~ The routers) shall consist of a combination of the pro"Oosed Routes A and B identified in the Sovnton Beach Mall EX"=ansion Transit !~'Oact StudY. dated October. 1989. or the !:"oute r s) identified bv the su ~ e""'Snced in ;ce to ethesda M'Smoria and of service to the Boynton Beach Ci tv Hall. The final routers be Boynton Beach. P~l:n Beach Count., s i ttina as the Count' tation Autho itv ~nd ~-ea U~'S Coast Recrional Plannino Council :':'1 consultation t,o/i th the Pa m Beach Countv Met on and Traffic Division: and 2.:. The 'T'Shic2.'S fl'Set shall be com-crised of a sufficier!',: number of CoT-~n co~'Oatible vehicles to crovice 20- minute heac',.,avs; ~nd ~ Bus se~':,:e shall becri:1 :; 0 caler-car davs crior to the ':'SSt.:,lr!ce of the Certificate of Occ:roar:c',r for the ~all/s ex~ansion (Sears). The i:1t:a!'r~ -: f -:h= ider.tified ==u~:.::C' .::I""'~ ~~ .=c,.. -....- ----- S'" ~Q is to achieve a :;.693-~ehicle trio reduction off the :"oad.tlav net~.;or~< '..;i thin the :'!all' s se~Tice ar'?a, 6 () No certificates of occuoancv shall be issued for the Bovnton Beach Mall Exoansion (Sears store) until such time as selected t~ansit routers) have been in se~lice for 30 days. :6~ He-~~-~-~~~~-~~~:=-~-~~~~ea--~~-~-Sey~~~~ Seeea-~~::-~~~~~-~l~~~~~-~~--~~--fta~--~ee" deme"~~~e~ea-~-~~e-~~~~-~-~PP~~~:_~_~~e e~~~--ef--Sey"~e"--Seeea--e"e--~~ee~~~e--eee~~--Re~~e"~= P:e~~~"~-€e~~e~:-~~~_~~~~~~~-ae~~-ee~"~~ E"~~"ee~~"~---Se~e~~me"~---e"e---Me~~e~e:~~e"---?:e""~~~ e~~a~~~a ~~e"--l!~-a~-~~-':...~..3';' t--?~-~=~~~~'e~'l"e-e~~=~"ea ee=ew- ~il': -adeep1a~e=1- ~-~~e-~a':' -~m~ae~~ ~e"e~~~ea--~--~ae--~~~--Eeee~--::a':':--S~~~~a~~a= ee.",~a~~e"-~"--i-i~~~~~~~-e1:'"~:.:~~-~~e ~eaewa1--a~e--~"~e~~ee~~e"--~m~~e.",~e"~~--~de"~~f~ed--~~ ee"e~e~e"~-+2--a"e--T3--~"-~'~'unc';'': '~-3ey1'!~~"- .:c,3,ci"r--Ma== S~~~~e"~~a=-3e~~ae~e~-Re~e~~-e"a-Reee~e~~ae~e"~-aee~~e~ ~--~~_.~_~~___~~__~_~~-~-r~~~_~-_.___~~ _'-1. ~t""'.-_% 6;., _"'J'""1:I"J. ..---.....1 I:' ___,r-....._ -.:::...............-____...._ _r_........ _..... ~e~-~~~~~~~~-~-a~~~~ee-~~~~-a=~e~~ae~~e ~ne=:-~eme~"-~"-~~==-~e~ee-a"d-effee~~ a~ l\-~~'1"hS-i~-~.r-~a--e-aee~~~e~-~-: :..:._ B:-~:~.l..-a"d ~~~~~~~ea~~e"--~~~~-~-~~_~-~~~--~-~~ee--ey ~a'J!~eee~-~~a~-i~-~~~~~-~~~~-~e~ee~~~ ~~d-~~a~=a~~=~~~-e~-e~~~~e"~-~~~-~a~~e~e~~ 7 .. ') # ~ "- :e~ .." M--~el't-e-i-~~~-~-~-~-t--~~-e-t~+__et1'!~ ~ehea~:ef~t-~-~~-~e~~ee-_~_~_~~;__et"a ~~~~e~1'!a~1'!~-~e~~ae"~~et:-"e~~~e~heea~~ A--~~~a~e~e:--~:e"--fe~--~~~:eme~~ae~e"-_ef__~~a~~~~ ~e~~ee--~~~~~~~-~-~~--~~--e~mm~~me"~ faef~~ea-~y-a"-~~~e~eea~:e-:e~~e~-ef-e~e~~e_e~_:ee"at 'lia~ea-~i':': -~-ti'fl.~~M~a -e-~~~-"'5~~-~-~-!!la:: ~~~~:-~:~-k~~e~~~-~~~~-i-~-ee"a~~~e"~ :~-a~a-:=-~a~e-:eee"-ee"~~~~e~ee~--?~"a~"~_eaa:=_e:~e :ee-eee~~ee-~e~-~~e-!!le"~~e~~1'!~-e~~:~1'!e~_~e:ew~ a~ Meehea~-~~-~ae~:~~aee7-~~h:~e~~e7-a~a-e1'!ee~~a~e_!!la~~ e~ ~~a~~~~-4~~~~-~"'5-~~'~~~~-e~-~~-~ae:~e~~7 ~~ev~~~e"-ef-~~~-~~e~-e~~~~7-~~~~~~=~e~e"_~~a_~~=:~e e~~~%aY--~~--~--~~~--~--~~~___e~a~~~~ ~~fe~ae~e"7-eae~~e~-e~~eY~7-~~ee"~~Ve~7_e~e~ e~ A--~~~~--~~~~--~~--~~~~---!!le"~~e~~ ~~ee~~a~~---:.~ ~l~----e-!-~~~:.";~.. __~ ---e-f--~--a1'!~ ~e~e~~=~~7--~~~--~~~~-~-~&~~&~__ee~~e ~~ve%Ved~--T~e-!!le"~~e~~~~-~~e~~a~-~aa=:_ee_~~~~~~ee~ 'Ii~~h~~-~-~~~-~~-~-e~e~~~~-~~-k~-ae~~~~e"a= ~~a~e--fee~a~e--ef--ehe--!!la::--~~e__ee"~~~~e__~~~~: ~~~~eve~e~~e-~=e~~~~~e~-~~-ee"e~~~e~e_~=_~~e_~~_~e~e bee"---ee~~%e~e=~------~---~e~e~~~a~~e"___~e~a~~~~~ ee"~~~~e~~e"--~--k~-~~.3i:-~~~__e~~~__~~e ee~~:e~~e"--~--~~~~-~-~_~:--=~--~1'!~e~eee~~e" a r r ' , ) ~ , ) ~' ~M~~eveMe~~~-~~-~-~~~-~~-~~_ef ~fte-~a~~e~=y-me~~~e~~~~-~e~e~~-a~e-ex~~~~~~-=eve=~ e~-~e~~ee-e~-~fte-~eadway~~ Ne-~~t~~-ef-~r-~fta%=-~-~~~~ed-~-~fte Bey~~e~-Beaeft-Ma%=-S~~~~a~~~a=-eev~~~~e~-~~~~=_~~ea_~~~e a~--~~~Cftt~--~--~~--~~a~=~~--~~-~:~~~at~__a~~ ~M~=eme"~ed-a"d-~~~~~~~~-~~-~_~~~_~e~~ee e"-~~~~-~~-~~-add~~~e"a=-~q~a~~~~-~fte Ma:=~ 9 Fi'/e 6_!}.~~11 / ,h9l, f}~0 :i=-/??-/'~ Ie Iff/c ~~r!d f PROJECT NAME: Boynton Beach Mall Substantial Deviation LOCATION: West of Congress Avenue and north of Boynton Beach Boulevard. JURISDICTION: City of Boynton Beach PROPOSED CHANGE: Addition of 131,448 square feet retail STATUS: Preapplication meeting held on March 8, 1988. Application submitted on August 18, 1988, and found insufficient for review on september IS, 1988. Supplemental information submitted on November 28, 1988, and found insufficient for review on December 22, 1988. Supplemental information submitted on January 23, 1989, and found insufficient for review on February 17, 1989. Applicant indicated that no additional information will be provided; local government notified on February 28, 1989, that a public hearing may be scheduled. Regional Assessment Report adopted by Council on April 21, 1989. Local governme~t public hearing held on May 16, 1989. Consideration of final decision extended until December 19, 1989. Development Order received by Council staff on January 8, 1990. Council considered the Development Order on January 19, 1990. Council voted to enter an appeal of the Development Order to the Florida Land and Water Adjudicatory Commission. Appeal scheduled to be heard by the Florida Land and Water Adjudicatory Commission on August 14, ~ PROJECT NAME: Grand Harbor Substantial Deviation LOCATION: East of u.S. 1 and south of 53rd Street. JURISDICTION: Indian River County PROPOSED CHANGE: Addition of approximately 10 acres not part of original DRI. Approved retail square footage will be shifted onto parcel. STATUS: preapplication meeting held on June 16, 1988. No Application submitted to date. 3 .. ...., PROJECT NAME: Grand Barbor substantial oeviation--Harina LOCATION: East of u.s. 1 and south of 53rd street. JURISDICTION: Indian River County PROPOSED CHANGE: Addition of approximately 300 boat slips to existing marina facility. STATUS: Preapplication meeting held on July 27, 1989. Application submitted October 19, 1989, and found insufficient for review on November 15, 1989. Sufficiency submittal date extended until January 15, 1991. PROJECT NAME: Bobe Sound Plantation (formerly Hobe West) LOCATION: West of u.s. 1, east of I-95, and south of Bridge Road. JURISDICTION: Martin County SIZE: 3,26S acres USES: 4,708 residential units 233,000 square feet office 454,750 square feet retail 330,000 square feet light industrial 56,000 square feet commercial business/personal services 44,000 square feet institutional 150 hotel rooms 63 holes of golf STATUS: Preapplication meeting held on August 1, 1989. Application submitted January 15, 1990, and found insufficient for review on February 12, 1990. Supplemental information submitted on April 24, 1990. Currently under review by Council staff. 4 RECOMMENDATIONS It is the recommendation of the Treasure Coast Regional Planning Council that the Boynton Beach Mall Substantial Deviation be APPROVED, provided that the following conditions or requirements are included in the Development Order or Development Order amendment issued by the City of Boynton Beach. APPLICATION FOR DEVELOPMENT APPROVAL 1. The Boynton Beach Mall Substantial Deviation Application for Development Approval is incorporated herein by reference. It is relied upon, but not to the exclusion of other available information, by the parties in discharging their statutory duties under Chapter 380, Florida Statutes. Substantial compliance with the representations contained in the Substantial Deviation Application for Development Approval, as modified by Development Order amendment conditions, is a condition for approval. For the purpose of this condition, Deviation Application for Development include the following items: a. Substantial Deviation Application for Development Approval dated August l8, 1988; Supplemental information dated September 14, 1988; and Supplemental information dated December 12, 1988. the Substantial Approval shall b. c. " EFFECTIVENESS OF DEVELOPMENT ORDER 2. Except as specifically amended herein, all conditions specified in the Development Order (Resolution Number R-74-343) and subsequent amendments to the Development Order for Boynton Beach Mall shall remain in full force and effect. HABITAT, VEGETATION, AND WILDLIFE 3. The developer shall preserve no less than 3.41 acres of pineland in the northwest quadrant of the site as shown in Exhibit HVW-1, or in any other configuration approved by the City of Boynton Beach and Treasure Coast Regional Planning Council. Preservation in perpetuity as a native habitat preserve area shall be assured by deed restriction for a minimum of 3.08 contiguous acres within that quadrant. 4. Within one year from the effective date of the Development Order and prior to the issuance of Certificate (s) of Occupancy for any additional square footage constructed persuant to this Development Order, the folowing must be demonstrated to have occured to the satisfaction of the City of Boynton Beach and Treasure Coast Regional Planning Council: a. all exotic vegetation which occurs in the preserve areas shall have been removed; b. habitat value of the preserve area shall have been improved by control of vines, appropriate .' replanting of areas currently dominated by exotic vegetation; and c. a funded plan for the on-going maintenance and management of the native habitat preserve area satisfactory to Treasure Coast Regional Planning Council and the City of Boynton Beach shall have been submitted to both of those entities unless the area is deeded over to the City of Boynton Beach or another entity acceptable both to the City and Treasure Coast Regional Planning Council. If ownership of the area is transfered, it must be done so with deed restrictions that require its preservation as a native habitat area. 5. Prior to commencing construction activity wi thin the parcel containing the preserve, the preserve shall be temporarily fenced or otherwise delineated to prevent construction equipment from entering the area. 6. The additional area of pineland outside the 3.08 acre native habitat' preserve shall be planted with native Florida flatwoods species to sufficiently buffer the residences adj acent to the mall. The intent of this condition is to require that at least the same level of buffering from noise, exhaust, and visual impacts of the mall is present after additional development is complete as is currently afforded by the larger area of pine. The planting of this area shall be done in such a way that it does not interfere with management of the native habitat. 7. All Brazilian pepper, Australian pine, and melaleuca on the site shall be removed prior to issuance of a certificate of occupancy for any building constructed persuant to this Development Order. These species shall not be used in landscaping. DRAINAGE 8. The stormwater management system serving the Boynton Beach Mall shall be modified to ensure discharge will meet the water quality standards of Florida Administrative Code Rule 17-3 by incorporating the following Best Management Practices: use of grassy swales to pretreat runoff before conveying it to the detention ponds and weekly parking lot sweeping. 9. Vegetated littoral zones shall be established around the existing detention ponds utilizing native woody species. Prior to construction and planting of the littoral zones, the developer shall prepare a design and management plan for the littoral zone ~or approval by Treasure Coast Regional Planning council) and the City of Boynton Beach in consultation with the South Florida Water Management District and Florida Department of Environmental Regulation. The plan shall: (1) include a plan view and site location; (2) include a typical cross section of the detention pond; (3) specify how vegetation is to be established within the littoral zone; and (4) provide a description of any monitoring and maintenance procedures to be followed in order to assure the continued viability and health of the littoral zone. Wherever possible a minimum of ten square feet of vegetated littoral zone per linear foot of shoreline shall be established and configured so that at least 50 percent of the shoreline has a vegetated littoral zone. Alternate design may be necessary due to physical constraints inherent in retrofitting these existing detention ponds. The littoral zones shall be in place prior to the issuance of a certificate of occupancy for any additional square footage constructed persuant to this Development Order. 10. Under no circumstances shall post development runoff volumes exceed predevelopment runoff volumes for a storm event of three day duration and 25-year return frequency. HAZARDOUS MATERIALS AND WASTE 11. Prior to issuance of a building permit for any additional square footage approved by this Development Order, the developer shall prepare a hazardous materials management plan that meets the approval of Treasure Coast Regional Planning Council and the City of Boynton Beach. The plan shall: a. require disclosure by tenant of all hazardous materials proposed to be stored, used, or generated on the premises; b. provide minimum standards and procedures for storage, prevention of spills, containment of spills I and transfer and disposal of such materials; c. provide for proper maintenance, operation, and monitoring of hazardous materials management systems, including spill and containment systems; d. detail actions and procedures to be followed in case of an accidental spill; e. guarantee financial responsibility for spill clean-up; and f. require the inspection of premises storing, using, or generating hazardous materials prior to commencement of operation and periodically thereafter, to assure that the provisions of the plan are being implemented. TRANSPORTATION Should local government choose to approve the proposed change, such approval should be conditioned on conformance with the transportation conditions included within this report. 12. No building permits for the Boynton Beach Mall Substantial Deviation shall be issued until all right- of-way within the project boundaries has been dedicated free and clear of all liens and encumbrances to the city of Boynton Beach or Palm Beach County as necessary and consistent with the Palm Beach County Thoroughfare Right-of-way Protection Plan. l3. No building permits shall be issued for the Boynton Beach Mall Substantial Deviation until contracts have been let for the following roadway improvements: a. construct Congress Avenue between N. W. 22nd Avenue and New Boynton Beach Boulevard as a six- lane divided roadway; and b. construct Old Boynton West Road between Military Trail and Lawrence Road as a four-lane divided roadway. No certificates of occupancy shall be issued for the Boynton Beach Mall Substantial Deviation until the improvements under a and b above have been completed. 14. No building permits shall be issued for the Boynton Beach Mall Substantial Deviation until contracts have been let to construc~the following intersection configurations, including signalization modifications as warranted by City, County, or State criteria: a. Hypoluxo Road/Congress Avenue Northbound Southbound one right-turn lane one right-turn lane two through lanes two left-turn lanes two through lanes two left-turn lanes Eastbound Westbound one right-turn lane one right-turn lane two through lanes two through lanes two left-turn lanes two left-turn lanes b. N.W. 22nd Avenue/Congress Avenue Northbound Southbound one right-turn lane one right/through lane two through lanes one through lane one left-turn lane one left-turn lane Eastbound one right-turn lane one through lane one left-turn lane Westbound one right-turn lane two through lanes one left-turn lane c. Old Boynton West Road/Congress Avenue Northbound Southbound one right/through lane one right/through lane two through lanes two through lanes two left-turn lanes one left-turn lane Eastbound Westbound one right-turn lane one right/through lane one through lane one through lane two left-turn lanes one left-turn lane d. New Boynton Beach Boulevard/Congress Avenue Northbound Southbound one right-turn lane three through lanes two left-turn lanes one right-turn lane three through lanes two left-turn lanes 15. Eastbound Westbound one right-turn lane one right-turn lane three through lanes three through lanes two left-turn lanes two left-turn lanes e. New Boynton Beach BoulevardjI-95 West Northbound Southbound Not Applicable one right-turn lane two left-turn lanes Eastbound Westbound one right-turn lane three through lanes three through lanes two left-turn lanes f. New Boynton Beach BoulevardjI-95 East Northbound Southbound one right-turn lane Not Applicable two left-turn lanes Eastbound Westbound three through lanes one right-turn lane two left-turn lanes three through lanes All configurations shall be permitted in accordance with State criteria. No certificates of occupancy shall be issued for the Boynton Beach Mall Substantial Deviation until constructed City, County, and and the improvements under a, b, c, d, e, and f above have been completed. The developer shall pay consistent with the fair a fair share contribution share impact fee ordinance