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
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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.
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HABITAT. VEGETATION. AND WILDLIFE
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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.
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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:
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a. all exotic vegetation which occurs in the preserve
,''''. areas shall have been removed1
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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.
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DRAINAGE
Issue ._~:~
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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.
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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) .
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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.
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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.
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Under' no circumstances shall post development
volumes exceed predevelopment runoff volumes
storm event of three-day duration and 25-year
frequency.
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runoff
for a
return
HAZARDOUS MATERIA T..q AND WASTE
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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
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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.
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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
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.--!". TABLE TR-3 ,,< ...e'l..r..t1....
BOYNTON BEACH MALL SUBSTANTIAL, DEVIAT;tON~:.
INTERSECTION CONDITIONS 198_~: ....,:7. ......
btf!~:: i!':.
":
INTERSECTION
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'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
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LOS . PM PEAK HOUR
..:....:_.lJ....., .._
BEFORE. AFTER
'~.IM})ROVEMENTS
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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
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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
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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
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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
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. Issue ""
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-
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
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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
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'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
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Southbound
one right-turn lane
three through lanes
two left-turn lanes
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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
-, "
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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
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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
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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
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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.
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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
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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.
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