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REVIEW COMMENTS , PLANNING DEPT. MEMORANDUM NO. 91-049 TO: J. Scott Miller, City Manager FROM: Christopher Cutro, Planning Director DATE: March 1, 1991 SUBJECT: Boynton Beach Shopping Mall Development Order In December 1989, the City Commission approved a modification to the Boynton Beach Shopping Mall. Subsequently, that modification was submitted to the Treasure Coast Regional Planning Council (TCRPC) ,and appealed by the Council to the State. Since that time the applicant has been negotiating with TCRPC and has come to an agreement with them regarding the expansion of the Mall. At its meeting in February, the TCRPC approved the attached resolution which would allow for the expansion of the mall. This resolution differs from the resolution passed by the City commission in December 1989 and must be approved again by the City. We have reviewed the revised resolution and recommend City Commmission approval of the resolution. If you should have any questions regarding this matter, please feel free to call me. CC:frb Enc " :' . \- ; ,. ,',:', ,,',', . ',~' " .' ~ . , ." o.J :'., r 4~. ENVIRONMENT AND NATURAL RESOURCES . "In preparinq its report and recommendations, the reqional pl&JlJlinq aqenc::y shall consider whether, and the extent to which: ... (a) The development will have a favorable or unfavorable impact on the environment and natural and historical resources of the Reqion. . . .(c) The development wi1.l efficiently use or unduly burden water (and) sewer facilities." section 380.06. Florida statute. 1 I , ~ .... . . , ','.., ,. ~'; . ~~ "1',;': . ~L ~,. - ..1 . ," .. ~:~'>..I" ,.' ,~:..~;"~~: ,:~> I,' . ,', ',. ':....;",. , . ,".'., ~ , .. HABITAT. VEGETATION. AND WILDLIFE '- . ,"'" . Issue . Cont:inued viabili t:y of t:he pineland babi t:at: on .i t:e i. t:hreat:ened by t:he inva.ion of exotic .eed .pecie. proaot:ed by develop.ent of the adjacent: aall. Po1icv Council policy seeks preservation of enough native habitat so that no aore species in the Region will become endangered (Regional Goal 10.2.1). Regional Goal 10.1.4 is to abate the degradation of natural areas caused by pest species. Discussion The aa11 site is mostly developed except for a 5.83-acre , tract of pine1and in the northwest corner set aside pursuant to the original Development Order. This remaining natural area is serving two important functions. First, it provides a small amount of once common habitat. As such, it is utilized by several common species of birds and other small animals. In addition, two small gopher tortoise burrows were seen during a staff visit to the site last fall. Second, the pine1and buffers the residential area west of the mall si te from the noise, air pollution, heat, and visual impacts of the mall. The habitat value of this preserve area is compromised in part due to an overgrowth of vines and some exotic plants that have invaded the pineland. Management of the preserved area to control the vines and remove exotic species would improve the habitat value of the pineland and help assure the continued survival of this small tract. Such action might also, however, decrease the utility of the area as a visual buffer unless other action is taken to enhance the effectiveness of the area as a buffer. The developer is proposing to add a Sears to the mall which will lie within the currently developed areas. However, in order to accommodate additional parking, the developer is proposing to remove 2.42 +/- acres of the existing pine area. To minimize the amount of pineland removed, the developer is proposing to relocate and culvert lateral Canal-23 (L-23) so that it lies beneath the ring road of the mall. Once this canal is culverted, it will create an additional .14 +/- acres of land along Javert Street where pines can be planted. The developer is proposing to remove the Brazilian pepper from the remaining pineland, replace it with slash pine, and to plant pines in the existing sparsely vegetated areas as well. 3 I' " .:- ... , '.. ,: t :~![:;,: .' . .::'~. \1 ; ..)::~:.t;: . 'I .'~~i:, . ...~ \~'~'i' . ':':;."1;' '"\,. ... ,"'.', : .' .3,'t Council policy requires that 25 percent of any native habitat present on a site prior to development be preserved. This pOlicy is to help prevent any native species in the Region from becoming a species of special concern (i.e., to provide habitat even for common species). Prior to development, the site supported 12.3 acres of pine savannah. Thus the proposed preservation of'5.83 acres of the pineland to be zoned as recreational land, is consistent with Council policy. This preserved area should be managed to increase its habitat value and ensure its viability. When the original Development Order was issued in 1974 by Palm Beach County, it included the condition that the developer was to "preserve the area of pine on the subject property." The preservation of that fraction of the original 12.3-acre area still remaining is important to the people living next to the. mall. Copies of letters received by Council regarding this area can be found in Appendix A. The local government may feel an obligation to preserve more than the 3.41 acres the developer has proposed and should not be constrained by Council's recommendation from providing a greater amount of buffer and habitat preservation if such is determined to be appropriate. This might be done by requiring a parking garage, thus eliminating the need to destroy the small amount of existing habitat that remains on site. Recommenda1;io,:,s In an effort to maintain habitat for all native species in the Region and prevent this site from acting as a source of seed of exotic pest species, the following conditions should be incorporated into the Development Order: 1. 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-1. 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. 2. Within ene 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: 4 .. . ': ':. '; " " ".~.I' ~'. ,', ......',.. ' ,.,.:":.... :"; :' ~ ~ , ,",.: , , ~: . ,', " :', .. ...'~: ' , ' , ';', /J:;:j;:~, , " .;..'::"P.... ,. c lit ~, a. all exotic vegetation which occurs in the preserve ,''''. areas shall have been removed1 ( 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 1 and c. a plan which includes methods of funding for the on-going maintenance and management ot the native habitat preserve area satisfactory to the City of Boynton Beach in consultation with Treasure Coast Regional Planning Council shall have been submitted to both of those entities unless the area is deeded over to the Ci ty 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 with deed restrictions that require its preservation as a native habitat area. 3. 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. 4. 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. " 5 "', I ,J.', . '.'.. . .... DRAINAGE Issue ._~:~ , storavater runoff fro. the aall is oODveying pollutants into the groundwater via existing detention ponds. Policv Council Policy 8.1.1.8 is that stormwater management systems "'~ . shall be designed to maximize the quality of recharge water "" ~ as well as water discharged from the site. Policy 8.2.1.3 further provides that the negative impacts of existing land use activities on surface water and groundwater quality and quantity shall be minimized by retrofitting to incorporate appropriate water quality management techniques. Discussion . , The site already contains a 878, 670-square foot mall plus parking lot. Four detention ponds on site collect runoff from the impervious surfaces. The site is broken into two drainage basins. The west basin serves the southwest portion of the site. Discharge from this basin goes into a detention pond which discharges into the L-23 canal. The east basin serves the rest of the site and, after passing through the detention ponds, excess water is conveyed to C- 16, the Boynton Canal. The addition of a Sears plus additional parking will increase the total of impervious surface and increase the required water retention/detention capacity of the system. The developer is proposing to accommodate the additional runoff by modifying the existing stormwater system. In addition, to conserve land area (see Habitat, Vegetation, and Wildlife), the L-23 is to be culverted and moved to lie beneath the western edge of the expanded parking lot. The South Florida Water Management District (SFWMD) has indicated that they do not expect water quality problems as a result of this change. According to the Palm Beach County Environmental Resources Management Office, the surficial aquifer lies approximately six feet below the surface, and the entire eastern portion of Palm Beach County is considered a recharge area. The SFWMD has collected water quality data for the mall site. The data indicates that, although the system is removing some pollutants and producing discharge water that meets most of the applicable Florida Department of Environmental Regulation standards, there are some exceedences. In addition, during rainfall events, pollutants present in the runoff appear in samples of groundwater taken just outside the detention ponds. 6 ~.:!<~. , : ' ',' .~ .'.' t',. .' . ,. '0 , ~ , ''','. . ',' .0". ,;, '., '. 'I'"~ "lI" . ,",t.', ... (~ I, t: i)..~ .i~ ~.., ed ~i.f-_, ~ii"'~"1" : f' J" " I.;,f " ~.. '.." ~. I .,J ,; - 'I. J. " , .. ~" ..~ I'.' , ' ~: .':'.";', -, , Better treatment ot this water could be obtained through establishment ot littoral zones around the detention ponds and the use of grassy swales to collect runott and convey it to the drains which then convey the runotf to the detention ponds. The use of water tolerant trees such as cypress, pond apple, and button bush may be best for this site since '\;hey are woody and thus serve to tie up pollutants for a longer period of time. The developer has proposed to design a containment system to prevent any wastes trom the Sears garage from entering the stormwater management system (see HAZARDOUS MATERIALS AND WASTES) . r Recommendations In order to assure acceptable levels of water 'quality at discharge and improve recharge into the shallow aquifer, the fOllowing conditions should be incorporated into the Development Order: 1. 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 sweepinq. Vegetated- littoral zones shall be established around the existing detention ponds utilizinq native woody species. Prior to construction and plantinq of the littoral zones, the developer shall prepare a design and management plan for the littoral zone to be reviewed for consistency with 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 approved 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 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 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 additional certificates of occupancy shall be issued for any additional square footaq~ constructed pursuant to this Development Order. until the plan is determined to be consistent with the Regional Plan. Wherever 2. 7 ,~ 'j',': , , '::, :'" '. ", .' ',I',' ,.., ~ . ~ . . ~,,: ,. . ' I,' ., . ..~ possible a minimum ot ten square feet ot vegetated ~. - li1;toral zone per linear foot ot. shoreline shall be .' ' ,,'ntablished and configured so that at least :50 percent ot the. shoreline has a vegetated' littoral zone. Al ternate . 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 addi tional square footage constructed pursuant to this Development Order. ';'" ; ~.Jt- . '.e: . i~~ . ~ ,r ~ ~ 3. . ".. ,...4':' .. ~ ... :'. .#'. ~.:. ~:.; :: Under' no circumstances shall post development volumes exceed predevelopment runoff volumes storm event of three-day duration and 25-year frequency. / 8 t " , '. ',' ... '.: . '. " . runoff for a return HAZARDOUS MATERIA T..q AND WASTE 0.. ...#. , Issue The proposed Sears addition to the mall will include both an automotive center and a garden shop. DDproper management of hazardous materials associated with these uses could adversely affect surface and groundwater resources and the public health. POlicy Council policy requires proper hazardous materials and hazardous waste management. Such management is addressed through implementation of a hazardous materials and waste management plan, and public education. Council consistently requires such a management plan be prepared when a development involves hazardous materials and/or waste. This plan addresses, at a minimum, tenant responsibilities: developer responsibilities: material identification: proper management, containment, clean-up, and financial responsi- bility: and coordination with federal, State, and local hazardous waste programs and regulations. Discussion Improper disposal and handling of hazardous materials and waste represent growing and serious problems throughout the Region. The problem of hazardous waste generation and disposal has been discussed in the Regional Comprehensive Policy Plan (April, 1987) and the "Hazardous Waste Assessment Report for the Treasure Coast Regional Planning Council" (December, 1986). Because of the vulnerability of Florida's groundwater and surface water systems and potential impacts on water quality and the public health, it is imperative that hazardous waste generators be identified and that they implement proper storage and disposal methods which will minimize potential for a spill and maximize clean-up efforts. Because the entire eastern Palm Beach County area is considered an aquifer recharge area, it is important that hazardous materials not enter the surface water management system at the mall. Recommendation In order to minimize impacts on the water resources of the Region and to public health, the following condition should be incorporated into the Development Order: 1. Prior to issuance of a building permit for any additional square footage approved by this Development Order, the developer shall 'prepare a hazardous 9 ....... ':,. " ':"': ~'~ 5. ~~ :' . '. .::;. ',,' . ',~ ~" " .; .. materials management plan Tr,asure Coast Regional cOnsistency with the Regional and approved by the city of shall: to be reviewed by Planning Council Comprehensive Policy Boynton Beach. The the for Plan plan a. hazardous used, or require disclosure by 'tenant of all materials proposed to be stored, generated on the premises; b. provide minimum standards and procedures for storage, prevention of spills, containment of spills, 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 " t. 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. If Treasure Coast Regional 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. 10 .. . . ". '" ,'.. -", 'f;. ': -- 1-;- I TRANSPORTATION . "In preparinq its report and recommendations, the reqional plaDDinq aqency shall consider whether, and the extent to which: ... (d) The development will efficiently use or unduly burden public transportation facilities." Section 380.06. Plorida statutes ~~ , 11 " f ... ,', " .,'. ,. ~,...... I " . " ~ .~ 'I,.. _.j ',' '" . :' ~, .' .' ,~::- , ... 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J: IX '0 ~IJ " 'OoWU U I~ ~ 111" '" ::>111,. fO 1_ - ... - .. GI 10 03 :zm'O~ m:zm 03 . . II}~ ~ 8 S : ~ ~ ~ 5 8 8 ~ ~ ~ ~ oW~J:. ~oW .~ I~ 0 C ~ O~ 0 ~ C ., C GI UI GI UI 10XZ: jl -OXE :::ll::>:::llUUlUUI I j 0 '- j oa:OCQJCGI IJ: - ... 03 co J:) J:. ... - 03 03 03., '- III '- I~ 0 .. - - ~ 0 .. '0 '- 01 '- 01 I <.. ~:::ll- "0 :3 0 ~ ~ jl" :3 C 3 :3 C 3 C 10:110"-" 0 0 :Jl0- GIN lI/" 0 fO 0 1% :c 01: J: 0 % :z (J) :c IX 0 :z: N :z: -' U -' U I I J 1 1 I . 1111 l~ lei: 1 IUl :::ll I UI " 1111 :3 1 '- 1 !s a: I (.) r c o .... lA C fO ~ X UJ ... ... III z: :::ll IJ:I " 011 ~ .lJ '- tI/ C tI/ '.0 U .... '... ~ III '- .... ... ." C o .... ~ I ... t ~;.~. ... .--!". TABLE TR-3 ,,< ...e'l..r..t1.... BOYNTON BEACH MALL SUBSTANTIAL, DEVIAT;tON~:. INTERSECTION CONDITIONS 198_~: ....,:7. ...... btf!~:: i!':. ": INTERSECTION 4.. ~':k"':": t". ~'\..t , lJ.; ti ~c~ .,:_ '.... .......- .r _,"*._ ....~i: : '.~ ~ .~ ~-:". .~ -. .. : \ ~ ..:, ;.: 'CONGRESS '. AVENUE/HYPOLUXO ROAD CONGRESS AVENUE/22ND AVENUE CONGRESS AVENUE/OLD BOYNTON WEST ROAD PC." . OLD BOYNTON WEST ROAD/WINCHESTER STREET OLD BOYNTON WEST ROAD/LAWRENCE STREET OLD BOYNTON WEST ROAD/MILITARY TRAIL MILITARY TRAIL/NEW BOYNTON BEACH BLVD. NEW BOYNTON BEACH BLVD./WIICHESTER ROAD NEW BOYNTON BEACH BLVD./CONGRESS AVE. NEW BOYNTON BCH BLVD./OLD BOYNTON WEST RD. I: ~. . NEW BOYNTON BEACH BLVD./I-95 EAST NEW BOYNTON BEACH BLVD./I-95 WES'!' CONGRESS AVENUE/WOOLBRIGHT ROAD CONGRESS AVENUE/GOLF ROAD 15 ,.., t':' . " .~: ',;: ~ -'. ..' I' " . " ." , . , (" ",', ", " 'to :'~:.. . ...... I"~ " LOS . PM PEAK HOUR ..:....:_.lJ....., .._ BEFORE. AFTER '~.IM})ROVEMENTS ..~ ~) .a.,&,. v.;:".... ,........--,...,.. E ~..,.. D .E E C D D D o C A E 0 B E 0 E C C B . ,. ",,,, ~ ~, ,; "..... '. ~~.:. " ':. ...:: i~ ,.t,~..-. .~ " ,. ,. . Issue ShoUlcf"approval of the additional square footage requested be conditioned on cOlD.pliance vi th current transportation policy given tbe scope of the original Development of Regional IlD.pact (DR7) reviev in 1973. Policy Chapter 380.06(19) (a) Florida statutes, requires substantial deviation review for any proposed change to a previously approved development which creates a reasonable likelihood of additional impact, or any type of regional impact created by the change not previously reviewed by the regional planning agency. Discussion This project was first reviewed as a DRI in 1973 by South Florida Regional Planning Council (SFRPC) , prior to formation of Treasure Coast Regional Planning Council (TCRPC) . At the time of original review, the Mall was projected to generate between 35,000 and 38,500 external daily trips, based on a trip generation rate of 34.75 trips per 1,000 square feet of mall development. According to the Report and Recommendation made by SFRPC at that time (1974), the proposed proj ect was to include 1, 108,000 square feet and be built out in five years (1978). The Report and Recommendations issued by SFRPC recognized that transportation impacts would occur and recommended to local government that the project NOT BE APPROVED until regional concerns were satisfactorily resolved. The following is stated in the South Florida Regional Planning Council Assessment Report related to transportation: "Major improvements must be made to the roadway network serving the Mall in order to avoid severe traffic congestion. Approval of this project should be withheld pending satisfactory assurances from appropriate governmental agencies that the needed roadway improvements can be provided in a timeframe that will avoid serious traffic congestion." Since the original review, much has changed. Public transportation policy is better defined. The road system serving the project is more complex. Considerable growth has occurred and transportation impact evaluation has been refined. This last point is the basis of an argument posed by the applicant. The applicant raises the question that since current trip generation rates predict less traffic than was 16 '. , " ~ >. .... t..,. . __ ~, " s ~'. . ':> .-' ~~ . '. . " ~ ' . '. ;~ , ;. ll: ,; ''',1,' origina!.ly predicted to be generated by,. th}.s project, can the -TCRPC ~ condition approval "of the' requested additional square' fOC?1:age on" road improvements above' and beyond those originally':recommended (see Appendix C). Since square footage itself (in this case) was not the basis of regional concern, but rather the .transportation impacts qenerated by that square footaqe, the applicant's argument for vestinq with regard to transportation' issues would . perhaps"n'-have' merit to the. extent' . 'that the original transportat'ion - - analysis : otherWise remained val id. Unfort~ately,"this'is not the case. Impacts of. the proposed project were oriqinally reviewed under the assumption that this project would be built out by 1978, and that necessary roadway improvements would be made to prevent "severe traffic congestion" as a result of . approval. Any vesting the project might have had was lost when the assumptions used to review the project became invalid. Further, construction of the additional square footaqe would result in unacceptable levels of traffic congestion. r Recommendatio; Should local government choose to approve the proposed change, such approval should be conditioned on conformance with the transportation conditions included within this report. 17 . /. . ',', ': . .,' '.'. ':'" .;.; ,::.:.t, .; ....:(::,:. ~. : . "~' .......i.> '.; .... .... . Issue ~:~<" .':."~ Ad.qu.t;,~'': road riqht-ot-way within the project boundaries r f ?'.:),~ should' be pre.erved to acco_04ate traffic at. buildout of the Boynton Beach, Kall Substantial Deviation (1989). policv :' ..~. ; . ..t r ......~, , ' ... .. ..... 1i,: ~ . t" , .. All development shall dedicate, where appropriate, right-of- way necessary f9r the Thoroughfare Right-of-way Protection Plan as adopted by the local government issuing the Development Order. If the local government permitting the development does not have an adopted Thoroughfare Plan, then right-Of-way shall be dedicated in accordance with the adopted Thoroughfare Plan or typical cross-section for rights-of-way of the governmental entity responsible for maintenance and' construction of the roadways serving the local government permitting ,the development. Discussion To ensure that adequate right-Of-way is available to accommodate projected future traffic volumes and to ensure implementation of the Palm Beach County Thoroughfare Right- Of-Way Protection Plan, right-of-way should be protected or dedicated consistent with this plan. Recommenda1rion In order to mitigate the adverse impacts on the regional roadway network from the proposed development, the following condition should be incorporated into the Development Order: 1. 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 encumbratlces, 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. 18 '.'. . .... f~ r. L I ~,t" ~.. .if , i !: " ' , ~ ~. " J\' , .~ .;~' ,:~~J: , . '~j :~~: :.\~~~~~~ .,.'...., t.,,: :. ;,' .,.'. ,':t \.:. ,'{::;!,/', ,d), ':,. I " , ;:.::::::}:-::.::: ?"}~1J :-)>>'.r~: ' '1,':: "l>?'., ;.;r llA)t ,!>,e.:.iOt hO.:' !!,.. ~ .:~ 1'::". ~.~ : . . Issue "" ....., ~. - Prior to buildout (1989) of the Boynton Beach Hall Substantial DeviatioD,certain roadway lius sig'DitiC?antly impacted by the development will operate at unacceptable levels of service. PoliCY The regional roadway network shall be maintained at Level of Service (LOS) C or better during annual average daily traffic (AADT) conditions and at LOS D or better during peak season, peak hour conditions. Discussion At buildout of the Boynton Beach Mall Substantial Deviation . in 1989, Congress Avenue between N. W. 22nd Avenue and New Boynton Beach Boulevard is proj ected to operate at LOS D during AADT conditions and at LOS F during peak season, peak hour conditions. Project traffic impact is estimated to be at JJ percent. Old Boynton West Road between Military Trail and Lawrence Road is anticipated to have a project traffic impact of 47 percent and will operate at LOS E during AADT conditions and at LOS F during peak season, peak hour conditions. Project traffic impacts on both roadways can be mitigated by constructing additional through lanes. Recommendation In order to mitigate the adverse impacts on the regional roadway network from the proposed development, the following condition should be incorporated i~to the Development Order: 1. 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. 19 '. , " " .... I ;" I :... v.: ' ',_ I ., ' '1;:) !;: '{Ii :. Y. ~ ~'1: " , '. ..,'; . Issue Prior ..~.to buildout (1989) of the Boynton Beach Hall Substantial D.viation, the intersections of Rypoluzo Road, II.... 22nd Av.nu., Old Boynton ....t Road, and lIev Boynton '.Beach Boulevard with Conqres. Avenue, and the interchanq. of lIev Boynton Beach Boulevard/I-95 vill operate belov Council's acceptable level of s.rvice standards. Policv The reqional roadway network shall be maintained at LOS C or better during AADT conditions and at LOS D or better during peak season, peak hour conditions. t Discussion The intersection of Congress Avenue and Hypoluxo Road is projected to be significantly impacted by project traffic . and to operate at LOS E at buildout. Additional left-turn lanes will mitigate adverse project traffic impacts. The intersection of Congress Avenue with N.W. 22nd Avenue is projected to operate at LOS E by the end of 1989 unless additional left-turn lanes are provided. In conjunction with the six-Ianing of Congress Avenue, the intersection of Congress Avenue and Old Boynton West Road will require additional through and left-turn lanes to achieve acceptable levels of service. The intersection of New Boynton Beach Boulevard and Congress Avenue is projected to operate at LOS E with significant project impact unless left-turn lanes are added to the north and south approaches of the intersection. The Boynton Beach Boulevard interchange with 1-95 is projected to operate at LOS E unless additional through and left-turn lanes are constructed for the east and west approaches. Recommendation In order to mitigate the adverse impacts of the proposed development on the regional roadway network, the following condition should be incorporated into the Development Order: 1. 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: 20 - - ~ . ~ ' ";i .' ,',:; , '. " p~Gl ~;=I"':.::': C:.7 15~: f"!:,', - ...... - ..- ....... ..'1....,,- ,....~. a. .... "-~ '. .: ~r.-, - ~~., 6... ft"1.iJ ,,"! - -::. ; l? .- 2:0,;....,' nw..:t- ;',i _.; fI- 'Hypoluxo Road/Congress Avenue : r~::; .'"'t Northbound "'!.; one right-turn lane two through lanes two left-turn lanes Eastbound ~', .. ,one right-t:urn lane two through lanes two left-turn lanes b. 22nd street/Congress Avenue Northbound one right-turn lane two through lanes one left-turn lane r Southbound one right-turn lane two through lanes two left-turn lanes Westbound one right-turn lane two through lanes two left-turn lanes Southbound one right/through lane one through lane one left-turn lane c. Old Boynton Road/Congress Avenue Northbound one right/through lane two through lanes two left-turn lanes Eastbound one right-turn lane one through lane two left-turn lanes Southbound one right/through lane two through lanes one left-turn lane Westbound one right/through lane one through lane one left-turn lane d. New Boynton Beach Boulevard/Congress Avenue Northbound one right-turn lane three through lanes two left-turn lanes 21 . 1'1 , ',' . , ,I,' .':, ~::<:':;.:';:'" . .:J' , '. J<, :<:. . , . Southbound one right-turn lane three through lanes two left-turn lanes il, : . I, " . " \~: I,'" 1:, .. ! , ~ tt ~: l1'-:: i..:' l.~ ~."" ,-; t:.,~ ,., Eastbound Westbound .-!'. one right-turn lane three through lanes two left-turn lanes - . one right-turn lane three through lanes two left-turn lanes e. New' Boynton Beach Boulevard/I-95 West Northbound Southbound Not Applicable one riqht-turn lane two left-turn lanes -, " .. ,1_ ',;I ~.., Eastbound Westbound one riqht-turn lane three through lanes three through lanes two left-turn lanes f. New Boynton Beach Boulevard/I-95 East Northbound Southbound one right-turn lane two left-turn lanes Not Applicable Eastbound Westbound three through lanes two left-turn lanes one right-turn lane three through lanes All configurations shall be constructed and permitted in accordance with City, County; and State criteria. No certificates of occupancy shall be issued for the Boynton Beach Mall Substantial Deviation until the improvements under a, b, c, d, e, and f above have been completed. 22 , : ~:': ; ~, , ,.' , " ',:' ...: <"," : ..... ,', I .: '~I ~ ,",I' ...., , .,... .. .11~' no) . t ~' .,\,l,- " Issue .,~:- r ~p.~~. th.~ re.ult from the proposed development on tho.e .8CJllen~s of the reqional roadway network that serve the development must be mitiqated in order to assure an acceptable level of service on the regional roadways with respect to the growth in the area. Policy For any regional roadway which is operating at or better than LOS C/D at the time of the review of the development and which is projected to continue to operate at or better than LOS C/D through buildout of the development, a contribution from the developer shall be paid consistent with the provisions of the local impact fee ordinance and which reasonably reflects the traffic impacts of the development on the roadway system. Where there is no impact fee ordinance, a contribution from the developer shall be paid which reasonably reflects the traffic impacts of the development on the roadway system and which is cons istent with Florida statutes. Discussion Council policy requires that LOS C/D be maintained on regional roadways. In cases where level of service falls below that during development of a project, necessary road improvements are required. In some cases, however, level of service may be at or above LOS C/D prior to development, and even with proj ect impacts, the level of service may still remain at or above C/D. In those cases Council recognizes that the impacts from the development should still be accounted for, since improvements will eventually be required as more intense development occurs. In this way, funds should then be available when improvements are needed. Chapter 380, Florida Statutes, also requires that any DRI development order exaction or fee required shall be credited toward an impact fee or exaction imposed by local ordinance for the same need. Recommendation In order to mitigate the adverse transportation impacts on the regional roadway network from the proposed development, the following condition should be incorporated into the Development Order: 1. The developer shall consistent wi th the applicable to the Deviation. pay a fair share contribution fair share impact fee ordinance Boynton Beach Mall Substantial 23 ""', ..;:': '.t " ' . , '" ',40.,,_. .. Issue ..~. If the projected buildout date of 198' is exceeded, the e ' assumptions and data used to determine transportation impacts and recommendations may no lODqer be valid, and additional roadway and intersection improvements may be required to maintain adequate levels of service OD the reqional roadway network. Policy Council requires that a traffic study be conducted if the buildout date will be exceeded. The study should identify the improvements and timing of those improvements necessary to maintain LOS C/D. Building permits shall not be issued after the projected buildout date unless the study has been completed and approved. Discussion The developer has indicated that the project will be completed in late 1989. No assurance has been provided that this date will not be exceeded. During its review of the Application for Development Approval and development of recommendations for transportation improvements necessary to mitigate the impact of the Boynton Beach Mall 'on the regional roadway network, Council has relied on this buildout date. An extension beyond 1989 may invalidate assumptions and data used to determine project impacts and background traffic growth. ~ ' Recommendation In order to mitigate the adverse transportation impacts on the regional roadway network from the proposed development, the following condition should be incorporated into the Development Order: 1. No additional building permits 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 City of Boynton Beach, and Treasure Coast Regional Planning Council that demonstrates that the regional roadway 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 and Level of Service D during the peak season, peak hour conditions. The traffic study shall: 24 :>:;;t~i '" . 1 ,: , , . ,,:': ',' . ':::~ . :::: ~;'~:,:~~:;:' .). .... ~:;{~}~:1/? .'" '....,.,. l. '. ~ ; ,. , /, " . : :. 1;:fjS:,:_, '" " " , . .' . ~ ) t'\: . ,~. '.' ,~ , :, ~~~~~~t~~~ :'.~' . ~, . (. " ",,:." 'tl';j~,,:T', ':~.;, ";:,.!r.:~;~': ',~ ;~;f ,t: " , : <:~~il,ri. ",,_.l:r,;~ '" ::~.:~:~,:Jl 'f: . , :~d,!ij . ;~." .- '" .. 4 . <i~ ~:~:.;.'. " .~ . ': /::~::1~~~;::: ' I~~J{ ~~!~' 'f<"'~V/' . t:?i~~ ,: ~~J:.L.: -.; a. be conducted inl990; and ; .~~ ~ I,' _ ~~ ~- ~, j .~ : P ~;~Id:ntii; . the .' i:;~~vem~~ts . 'a~~ ~ ~imi~~" -:~t those ~ ' ~"._;. ~~ iDlpr'oy~ments necessary to provide Level ..~t Service C under annual average daily traffic conditions and Level of Service D under peak hour, peak season operating condi tions for _the,. subj ect transportation network during the projected completion. ,.., of.the project, including project !mp~gts_anq~growth_in background traffic. _ ro" '1 '1_-.: 1 ~:;""~. -.t ;t.... . 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. I , . ~ 1..-1 ~ i. ~ . . . 25 '- 'I, " " ., '., ". " " ':i ,_I, ' " ,I J ~ Issue Prior.~~o buildout (1989) of the Boynton Beach Xall Substantial Beviation, certain roadway links siqniticantly impacted by the development will operate at unacceptable levels of service. Policy The regional roadway network shall be maintained at LOS C or better during AADT conditions and at Los D or better during peak season, peak hour conditions. Discussion At buildout of the Boynton Beach Mall Substantial Deviation in 1989, Congress Avenue.. Old Boynton West Road, and six related intersections (including 1-95 interchange> are projected to operate at unacceptable levels of service. In order to maintain Council's objective level of service standard on these regional facilities, a transit alternative may provide the most financially manageable solution for the developer. Should the developer determine that this alternative is worthy of further consideration, the transit service to be provided would have to successfully demonstrate the following: 1. financial feasibility and availability of a secured funding source; 2. adequate levels of service are provided in terms of frequency of service, station location, and accessibility of routes; 3. adequate patronage; and 4. p~ovision of monitoring program to trace progress. Recommendation In order to mitigate the adverse impact of the proposed development on the regional roadway network, the following condition should be incorporated into the Development Order: 1. 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 mitigate 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 26 ,~ Conditions 12 and 13 (see Identification of Impacts and Req~mmendations) in Council's Boynton Beach Mall SUbstantial Deviation Report and Recommendations adopted on April 21, 1989. Any portion of Conditions 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 moni.toring outlined below. d. Methods to facilitate, publicize, arid 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. 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 issuea 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. 27