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LEGAL APPROVAL MINUTES CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA FEBRUARY 20, 1996 D. Project: Agent: Applicant: Location: Boynton Beach Mall DeBartolo Corporation Thomas Marsicano Approximately 900 feet west of the intersection of Congress A venue and Old Boynton Road DRI Amendment - Amend development order to change traffic conditions and buildout date Description: Mac Conahan, an attorney in Boca Raton, represented the applicant. He stated that in 1991 an amended development order was approved. Under the terms of that development order, the buildout was anticipated to be 1993. The sixth store that we proposed to add was to be a Sears store. The economic problems that we were confronted with in the early 90's resulted in Jordan Marsh leaving their store and instead of Sears going into the new sixth store, Sears went into the Jordan Marsh store. We are now negotiating with and hope to bring another department store to the City of Boynton Beach. He asked for an extension of time from the 1993 date to the 1997 date. The amended development order only makes that change and four changes to traffic improvements, a couple of which are no longer needed, and a couple of which are the result of Gateway Boulevard opening. That resulted in a couple of necessary turning movements. He believed that those traffic changes are in full accord from the top to the bottom. DOT, the region. and the City have looked at those changes and have no objections. We are also leaving all other conditions in the manner that they were in 1991. The 1991 amendment itself resulted in significant concessions to the community concerns. No one in the audience wished to address this issue. Ms. Heyden clarified that all the conditions in the 1991 development order are remaining the same, with the exception of the following: To extend the buildout date and modify some traffic conditions, some of which have already been implemented. State law says that it is in the Commission's purview to make a determination of whether or not this constitutes substantial deviation. Staff recommended that the Commission make a finding that it is not a substantial deviation, and approve Proposed Resolution R96-26. Motion Mayor Pro Tern Matson moved to amend the DR! development order to change traffic conditions and buildout date for the DeBartolo Corporation, approximately 900 feet west of the intersection of Congress A venue and Old Boynton Road, with the mitigation conditions listed in Resolution R96-26. She further moved to approve Resolution R96-26 and to find that the requested changes 35 MINUTES CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA FEBRUARY 20, 1996 do not constitute a substantial deviation. Commissioner Jaskiewicz seconded the motion. which carried 4-0, Mayor Taylor inquired about the completion date. Mr. Conahan hoped to be back before the Commission with a site plan in April. VII, PUBLIC AUDIENCE This i tern was dispensed with earlier in the meeting. VIII. DEVELOPMENT PLANS A. Project: Agent: Applicant: Location: Description: High Ridge Commerce Park PID Richard C. Ahrens Condor Investments of Palm Beach County, Inc. Northeast comer of High Ridge Road and Miner Road Use Approval- Request to amend the list of High Ridge Commerce Park PID permitted uses to allow wholesale distribution and service of turf equipment Mr. Ahrens represented the Kilpatrick Company, He advised that the use approval was unanimously approved by the Planning and Development Board. Ms, Heyden advised that this is a request to amend the list of permitted uses at the High Ridge Commerce Park PID. Staff recommended approval subject to environmental review. Ms. Heyden added that the applicant has already gone through environmental review. Motion Commissioner Jaskiewicz moved to amend the list of High Ridge Commerce Park PID permitted uses to allow wholesale distribution and service of irrigation supplies and turf equipment subject to environmental review, Mayor Pro Tern Matson seconded the motion, which carried 4-0. 8, Project: Agent: Applicant: Location: Boynton Commercenter PID Frederick Roth, Jr., P.E. - Michael B. Schorah & Associates Boynton Commercenter, Ltd. Approximately 700 feet south of the southwest comer of Woolbright Road and 1-95 36 MINUTES CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA FEBRUARY 20.1996 X, LEGAL A. Ordinances - 2nd Reading - Public Hearing I. Proposed Ordinance No. 096-02 Re: Amend Nuisance Abatement Ordinance This item was dispensed with earlier in the meeting. B. Ordinances - 1st Reading I. Proposed Ordinance No, 096-04 Re: Adopt amendments to the General Employees Pension Fund This item was dispensed with earlier in the meeting. 2. Proposed Ordinance No. 096-05 Re: Adopt amendments to the Police Pension Fund This item was dispensed with earlier in the meeting. C. Resolutions 1. Proposed Resolution No. R96-26 Re: Change to development order for the Boynton Beach Mall DR! This resolution was approved in conjunction with Item VI.D. 0, Other None. 9:30 p,m. Executive Session as provided by F ,S. 286.011 to discuss the following lawsuit: Proposed Settlement for The 300 Properties Association vs. City of Boynton Beach At this time, City Attorney Cherofadvised that this is an executive session under 286,011 Florida Statutes, where the Commission recesses to discuss out of the sunshine litigation that is pending against the City. The plaintiff in this lawsuit is 300 Properties Association, It involves the 40 J? Le 11'\ 1Sf!!; U 4...(( Dr<./A. q5'-oo/ RESOLUTION R96-~6 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA AMENDING A PRIOR BOYNTON BEACH MALL DRI DEVELOPMENT ORDER, ADOPTED ON NOVEMBER 16, 1992, AND FURTHER AMENDED ON DECEMBER 19, 1989 AND MARCH 5, 1991, MAKING FINDINGS AND CONCLUSIONS OF LAW PERTAINING TO THE BOYNTON BEACH MALL, A DEVELOPMENT OF REGIONAL IMPACT, AND CONSTITUTING THIS RESOLUTION AS A DEVELOPMENT ORDER BY THE CITY OF BOYNTON BEACH IN COMPLIANCE WITH LAW; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, Boynton-JCP Associates, Ltd. ("Applicant") has had a Development Order (the "Original Development Order") approved by the Board of County Commissioners of Palm Beach County ("Resolution No. R-74-343) on May 7, 1974 which was adopted by the City on November 16, 1982; which permitted 1,108,000 square feet of gross leasable area; and WHEREAS, the Development Order was amended on December 19, 1989 and further amended on March 5, 1991 permitting 1,244,449 square feet of gross leasable area; and WHEREAS, Applicant has filed a Notice of Proposed Change to a previously approved Development of Regional Impact ("Notice of Proposed Change") with the City of Boynton Beach, Florida, ln accordance with Section 380,06, Florida Statutes; and WHEREAS, Applicant proposes to construct a total of l, 244,449 square feet of commercial retail gross leasable space on the real property whose legal description is set forth ln Exhibit "A" and located in the City of Boynton Beach, Florida; and WHEREAS, the City Commission as the governlng body of the City of Boynton Beach having jurisdiction, pursuant to Chapter 380, Florida Statutes, is authorized and empowered to consider Notices of Proposed Change to the current Development Order for Developments of Regional Impact and the City Commission has determined that the proposed change does not constitute a substantial deviation under Chapter 380, Florida Statutes; and WHEREAS, the City Commission on the 20th day of February, 1996, held a duly noticed public hearing on the Notice of Proposed Change and has heard and considered the testimony taken thereat; and WHEREAS, the Applicant shall submit a Site plan which shall comply with all ordinances and requirements of the City; and WHEREAS, the City Commission has received and considered the recommendations of the Treasure Coast Regional Planning Council; and WHEREAS, the City Commission has made the following Findings of Fact and Conclusions of Law. FINDINGS OF FACT 1. The proposed Development is not ln an Area of Critical State Concern designated pursuant to the provisions of Section 380.06, Florida Statutes; 2, The State of Florida has not adopted a land development plan applicable to the area in which the proposed Development is to be located; 3. The proposed Development is consistent with the report and recommendations of the Treasure Coast Regional Planning Council submitted pursuant to Section 380.06 (12) , Florida Statutes; 4. The proposed Development is consistent with the local comprehensive plan, zoning and development laws and regulations of the City. 5. The Notice of Proposed Change does not constitute a substantial deviation from the previously approved Development Order, 6. The premises are correct and hereby accepted by the City. CONCLUSIONS OF LAW NOW, THEREFORE BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA: Section 1" That in a public meeting, duly constituted and as sembled this 20th day of February, 1996, that the Development of Regional Impact Application for Amended Development Approval approved March 5, 1991 is hereby modified, by replacing the conditions, restrictions and limitations under the headings "CONCLUSIONS OF LAW" and "CONDITIONS OF DEVELOPMENT ORDER AS AMENDED" set forth in Resolution R91-37 with the following conditions, restrictions and limitations: A~91ication for Develo9ment A99roval 1. The Notice of Proposed Change by Boynton-JCP Associates, Ltd. is incorporated herein by reference and relied upon by the Parties in discharging their statutory duties under Chapter 380, Florida Statutes. The Applicant is Boynton-JCP Associates, Ltd. and shall hereafter include the successors and assigns of Boynton-JCP Associates, Ltd. Substantial compliance with the representations contained in the Notice of Proposed Change as modified by the terms and conditions herein is a condition of approval. For purposes of this condition, the Development Order shall include those matters submitted in the Notice of Proposed Change to a previously approved Development of Regional Impact dated September 13, 1995 and revised December 1995. Commencement and Pro~ress of Development 2. Failure to initiate construction and physical development within two years from the effective date of this Resolution or failure to maintain reasonable progress toward completion of the development after having initiated construction in a timely manner, may constitute a substantial deviation and the development shall be submitted 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 evidence of a structure (other than a mobile home) on a site, such as the pouring of slabs or footings or any work beyond the stage of excavation or land clearing. " " I' Termination Date l; 3, This Development Order shall terminate on December 31, 2010 unless extended by the City Commission. Nothing herein shall limit or extinguish any vested rights of the Applicant, its successors or assigns regarding the existing square footage of gross leasable area of the existing Boynton Beach Mall, CONDITIONS OF DEVELOPMENT ORDER AS AMENDED 1. Except as specifically amended herein, all conditions specified ln the Original 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. 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 "I" ln the northwest quadrant of the site by recording appropriate Restrictive Covenants which, prior to recording, , Ii shall be approved by the Treasure Coast Regional Planning Council and the City of Boynton Beach, 3, Prior to commencing construction activity within the parcel containing the area to be preserved, (described by "Limits of pine Area" shown on Exhibit "l"), the preserve area 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 (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. 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". 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" ) , B. Littoral zone planting shall be established around the existing detention ponds utilizing nattve 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 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. 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 of ten square feet of vegetated littoral zone per linear foot of shoreline shall be established so that a least sixty 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 zone shall be in place prior to the issuance of a Certificate of Occupancy for any additional square footage to be constructed under this Development Order. 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. 8. No building permit shall be issued for construction of any additional square footage under this Amended ! ~ ! Development Order, until the developer shall prepare 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, used, or generated on the premlses; 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 pill clean-up; and F. Require the inspection of premises storing, uSlng, or generating hazardous materials prior to commencement of operation and periodically thereafter, to a~sure that the provisions of the plan are being implemented. 9. No building permits for gross leasable space ln excess of l,108,000 square feet within the Boynton Beach Mall shall be issued until all right-of-way wi thin the proj ect 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 further dedications are necessary to implement the Proposed Change. lO, No building permits shall be issued for the Boynton Beach Mall for gross leasable space in excess of 1,108,000 square feet 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. I! No Certificate of Occupancy shall be issued for the Boynton Beach Mall for gross leasable space in excess of 1,108,000 square feet 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) modifies its Level of Service standard for the Regional Roadway network; 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 proposed change 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. ll, No Building Permits shall be issued for the Boynton Beach Mall for gross leasable space in excess of 1,108,000 square feet until contracts have been let to construct to the following intersection configurations, including signalizations 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 through lanes one left-turn lane one left-turn lane 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. Northwest 22nd Avenue/Congress Avenue Northbound Southbound one right-turn lane one right-turn lane Eastbound Westbound two through lanes one right-turn lane one left-turn lane three through lanes All configurations shall be constructed and permitted In accordance with City, County and State criteria, No Certificate of Occupancy shall be issued for the Boynton Beach Mall for gross leasable space in excess of 1,108,000 square feet 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 II ) which does the following: (i) modifies its Level of Ser7ice standard for the Regional Roadway network; or (ii) modifies the methodology utilized to calculate the adopted Level of Service; or (iii) modifies the method of calculating i background traffic, such that if this Proposed Change were being reviewed under said modified policies none of the above intersection improvements (including signalization i: I,' 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, 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 Proposed Change. 13. No additional building permits shall be issued two years after the effective date of this Resolution 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 two years after the effective date of this Resolution 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 I peak season conditions 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 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 i of Boynton Beach, and the Treasure Coast Regional Planning , Council for the remainder of the development. BE IT FURTHER RESOLVED BY THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, AS FOLLOWS: 1. Any modifications or deviations from the approved plans or requirements of this Development Order shall be submitted to the Planning Director for a determination by the City Commission of the City of Boynton Beach as to whether the change constitutes a substantial 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 deviation at a public hearing after notice to the Applicant, 2, The City of Boynton Beach shall monitor the development of the proj ect to ensure compliance with this Development Order, The City of Boynton Beach Planning Director shall be the local official assigned the responsibility' for monitoring the development and enforcing the terms of the Development Order. The Planning Director ITay require periodic reports of the Applicant with regaYd to any item set forth in this Development Order. 3. The Applicant shall submit an annual report as required by Section 380.06(18), Florida Statutes. The annual report shall be submitted on the anniversary date of the adoption of the Development Order and shall include tI-"e following: A. Any changes in the plan of development, or in the representations contained In the Application for Development Approval, or in the phasing for the reporting year and for the next year; B, A summary comparison of development activity proposed and actually conducted for the year; C. Undeveloped 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 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 the commitmerlts specified in the Application for Development Approval and summarized in the Regional Planning Council Assessment Report for the development undertaken; F. Any request for substantial deviation determination that was filed in the reporting year or lS anticipated to be filed during the next year; G. An indication of a change, if any, in local government jurisdiction for any portion of the development since the Development Order was issued; H. A list of significant local, State, and federal permi ts which have been obtained or which are pending DY agency, type of permit, permit number, and purpose of each; ,! I. The annual report shall be transmitted to the City of Boynton Beach, the Treasure Coast Regional Planning Council, the Florida Department of Community Affairs, the Florida Department of Environmental Protection, and such additional parties as may be appropriate or required by law; J. A copy of any recorded notice of the adoption of a Development Order or the subsequent modification of an adopted Development Order that was recorded by the Developer pursuant to Subsection 380.06(15), Florida Statutes; and K. Any other information required by the Cicy Commission of the City of Boynton Beach or the Planning Director to be included in the annual report, 4. The definitions found 1n Chapter 380, Florida Statutes shall apply to this Development Order, 5, The City of Boynton Beach hereby agrees that before December 31, 2010 the Boynton Beach Shopping Mall Development of Regional Impact shall not be subject to down zoni~g, unit density reduction, or intensity reduction, unless the C~ty demonstrates that substantial changes in the conditions underlying the approval of the Development Order ~ave occurred, or that the Development Order was based on substantially inaccurate information provided by the Developer, or that the change is clearly established by the City of Boynton Beach to be essential to the public health, safety, or welfare. 6. This Development Order shall be binding upon the Applicant and its assignees or successors in interest. It is understood that any reference herein to any governmental agency shall be construed to mean any future instrumentality which may be created and designated as successor in interest to, or which otherwise possesses any of the powers and duties of any referenced government agency in existence on the effective date of this Development Order, 7. The approval granted by this Development Order 1S conditional and shall not be construed to obviate the duty of the Developer to comply with all other applicable local., State, and federal permitting requirements. 8. In the event that any portion or section of this Development Order lS deemed to be invalid, illegal, or unconstitutional by a court of competent jurisdiction, such decision shall in no manner affect the remaining portions or sections of this Development Order, which shall remain in full force and effect. 9. This Development Order shall become effective immediately upon adoption. 10. Certified copies of this Development Order shall De transmitted immediately by certified mail to the Department of Community Affairs, the Treasure Coast Regional Planning Council, and Applicant. PASSED AND ADOPTED In a public hearing held on this the A~ day of hl3R.u AR.lf , 1996, , \ - 0>--- Vice Mayor Commissioner Attest: ~Ck~J~-' Ci! Y Clerk BBMallAm,Dev/Order 2/15/96 EXHIBIT "A" BOYNTON DEACI( HALL 115. J 6 4 ACRES A traot of ~and looated' In Seot'lon 19, Town.hlp 45 &Quth, Range 4] East, County ot 'al,. Baaoh, Flor Lda .rid furthee described AS follo~SI .. Beglnhlng at,the Southe.st cornet' ot Section 19, ,..5 8, R4J2, thence H 00. 59' J9. Ii along the East line at .'aid' Section 19, a distance' of 1098.10 teet to 'a polnt, thence sat. .00' 11" H, A diatancQ ot 60.00 teet to a point on the wastac.tv rIght-of-way line of Congrass ^venue, SAId po Lnt also being the prIncIpal point and place ot beginning ot the following deacript!bn. Thence S SS- OS'" 2611 H, A dietanoe of 846.73 teet. ta a polnt, thence 9 43. 32' 54M W, A dietanae ot 57.02 t8e~ ta . point, thence S 00. 5" 3911 E, a dlstance ot 258.27 'teet.to . point, thence S 16- Hi' ..,2" E, a distance of 199.6Q teet to A poInt, thence BOO. 59' 3911 E, A dLstAnee 'ot 102.20 teet to a point, thence S ... .6' l4. E, & distance of 14.4' taet to A point on the northarly right-at-way 11ne ot Doynton Ha.t ROAd (formerly old Doynton Roadl, thence H 89. 46' J4" H, aLong saId flortherly line, A distAnce of 168..25 .feet to A polnt" thence H 00- 51' 51" H, A dlstanca of 1228.05 teet to' A poLnt, thence N 87. 58' 21- E, A dLstAnce at 52.34 teat to a poLnt, thence 227.77 teet along a' curva to tha lelt, having a rAdLus of 145.00 teet And a chord at 105.06 teet, baarlng at .2. 58' 21" E, to ~ poInt, thence H 2. 01' 3'. W, a ,dl.tAnae at 2J .67 teet to & polntr thence 1]. .54 leet along A curve to the right, having a radius of 240.00 feat and a chard ot 132.70 teet, bearing " l~. 01' 53.5" E to A point, thence 23".57 taet along & curve to the 1ett, 'having a rAdlu. ot 320.00 teet and.A chord of 229.36 feet, beArLng H ,. OS' 26" E to a point) thence H 11- .54' 34 II W, A dlst.ance at 10.00 teet to A point, th~nce 294.~6 teet, Along a, curve to the tight, having, A radius at J25.00 taet And A chotc1 ot 28.(.94 fee t , be A r i n 9 ., 1,(.. OS" 2 6. E to A po L nt, the n c e 2 , 3 . 2 2 tee t Along A curve to the left, having A rAdLus'ot 420.00 teat And A chord ot 287.30 leet, bearing N 20. OS' 26" 2 to A point, thence N 00. 05' 26. E, a distance of 145.00 teet to a poInt, 'thence H 80. OS' 26. E, A dietz.nee ot 1730.97 teet to A point, thence s 00. 59' J'. B, A dletAnee at .72.81 taet to a point' thanee H 00. OS' 26"B, a diatance of 328.81 t.et to A poLnt on the Heaterly I1ne at Congress Avenue, t~enae a 00. ,5~".. ?9"~,f A.!~,ng SAid Westerly. ~~n~,. A. d.LltAnce of 130.01 teet to A point, thence N 46. 27' OSH H, A dietance of 56.11 teet to A poLnt, thence S 88. 05' 26M H, . dlstAnce ot 430.00 leet to a point, the rice S 00. 59' 39M E, A distance of 60t.9t ,taet to A poInt, thence N 8B- OS' 26" B, a distance ot 430.00 taet to' A point, thenoe If .U. .12' 54" E, .. distance of S1.02 teet to A poLnt on the He.terly line o~ Congras. Avenue, thenoe B 00. '9' 19" 2,'&10ng said Westeely line, a distanoe of 110.0l teet to & point, thence H .(,. 21' 0'- H, a dl.tance 0' 5'~11 teat to a point,thenca S 88. 05' 26- W, a dIal:.1tlce oe '08.00 faet to a poInt, thence S 00. 59' J," E, A diet_nce of 230.00 teet to A point, thonce " 88- OS' 26- B, A distanoe of 340.00 teet to & point, thenoe S 00. 59' J'. E, a distance of 150.00 teat to _ point, thence S 88. OS' 26- W, a distanoe of 340.00 feet to A poInt, theno. S 00. 59' J'~ E, a distance of 22'.99 teet to a polnt, thence" 80.'05' 26- E, a dietance ol 608.00 teet. to a point. thence" .J- Ji', 5"- E, A dJ.etanoe ol 51.02 toot. to A point. on tho "'..tacly, llne ot Conge... Avenue, th.n~e S 00 59' 39- B, _10n9 .a14 He.terly l1na, a diet.no. o( 130.0l teet to ~h. prLnolpal point And plAOO ot baginnln9 and contAining 107.15 Aore. at land, more or le... AND . , A parcIl ot land lyinq In Slatlon 1', Townahlp 45 SoutK4,alnt' t~' Calt. r.l. B.ach CQunty, Florida. b.fn9 .or. partJeularlv d..crlb.d a. follow" COlWunc. at the clntl" oC' Sect!on 19, thine. H o' U.t 51- W. .alonlJ · the tlorth South l/t Section lIn. at uid hcUon, , dietinG. of 3~.OO Cut, thtnct tI n' 58' 21.- t, a ,dJ,.tU\cI at 20,00 Cut. to the prlnctpaL point. and, place oC b.qlnn"n., oC the {ollowlnq d..crlptlon. nence cantlnulnq tI n' 51' 21- E . dhtanc. at 20,01 tut CO . point., th.ne, " O' 51' 51M W, alon9 I lln. .0.00 C..t Ea.t 01 and paraU.l with uid tlorth South 1/. S.atlan lln., A dtaC.nc. at \1g1.~J t..t to & point on the South rlqht-oC-way ltn. aC .oynton Canal. thane. H 88- OS' 2,M E. .1onq ..Id South dqht-ol-wIV lln.. a di.tanco oC 431.99 C.et to . polne, thence 5 O. O~. 1'- ~..,~ dlat.ancl aC 145.00 ra.t'ta . paint, thane. 193.22 le.e alonq an Irc to the riqht, having a r.dlu. or 420,00 C.at and a cho~d ~ oC 241.JO C..t b..dng S 10' OS' 1'- W, thane. 29,'-96 la~. a10nlJ ... an arC to th,.leCt having.. radiu. at 325.00 c..t and a chord of 184.U {..t, burJnq':S U' OS' 26. U, th.nc. S 11- 54' U. E. a dhtane. 01 10,00 het. to . paine. thine. 2]4,51 Cut, alonCJ an .~c: to the right. h&vlnq a ~&dlu. of 320.00 C._~ And & char4 of 119.36 te.t b.a~ln9 S 9- OS' 26M W, thence 134.54 c..e. .10nq an arc: to, the teCt havlnlJ a radlu. ot HO,oO rut and a chol'd ot 131.11 h.C, b..rlnq S U' Ol' U- W, thence S 02- 01' 1'. E, a dhtanc. at 23.67 lilt to a palnt, thence 221,11 Cuc, .lanCJ an arc to the right having a r.diu. 01 145.00 l..t and a chord ot , 20$.06 1..10, b.arinq 5 42- 51' 11- W,. th.nc. S 81- SI' 21- W. a di.l"nce oC 12.34 (..10 co " point:. ~h.nc. H O. 51' 'l- .. a di.canc. at ~5.00 l..t to tho point of beqinnin9 and conialntnt 8,6l~ acr.. oC land more or I..., , 2167~oaO~Oi#. - -\' o:?;:~~~-lff,~f~1'1~'i~'~l! , ttt"l'TS ." ' ",," ,.:," ;::,,:,~:'L>"l::' -":"~'--'l'~~i~':~' ":'I~j~ln~~~'I~::.Q<~ I' l'::' . O 'DEBARTOLO rl.' ",;..! \'( ~~'i .1~ ",\,- ','" .1.":~"1' '. 'l :.c ,;~,! · ji~t "&' \ 1-, ,8~,?6, ,1~:i ~:'" ':,.. 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Of:.... ,', ... , ~ lot '1 ':'f ' .4..l.'~' . .. , .. ., ,- . . ~. .. ~ . . , " t' .~'.'.: ~...... ~~---~ . \..~: . ..' " , .. ,', . ,i: , .' h.,....'" t "I ''',', " f , ; \',.. , .. ~\ '~: :.. .., ' '00. R (ji) R n W : _. .~:;\"""l L~ l!9 Lr; 1I U ~'."', r, :1' i ." > " I \, i: i ::, 'i I FEB - 11900 !~ PLANNING AND ZONING DEPT. NOTICE IS HEREBY GIVEN that the City Commission of the CITY OF BOYNTON BEACH, FLORIDA, will conduct a Public Hearing at 7:00 P.M. or as soon thereafter as the agenda permits on Tuesday, February 20, 1996, in the City Hall Commission Chambers, 100 East Boynton Beach Boulevard, Boynton Beach, Florida. The purpose of this public hearing is for consideration of proposed changes to the Boynton Beach Mall Development Order (Palm Beach County Resolution No. 74-343) as amended by City of Boynton Beach Resolution Nos. 89- UUU and 91-37 and determination as to whether or not the proposed changes constitute a substantial deviation to the approved development order with respect to the following described property located within the corporate limits of said City, pursuant to the request of the parties in interest and in compliance with Chapter 380, Florida Statutes. NOTICE OF PUBLIC HEARING REQUEST: Boynton Beach Mall Notice of Proposed Change to a previously approved Development of Regional Impact LEGAL DESCRIPTION: A tract of land located in Section 19, Township 45 South, Range 43 East, County of Palm Beach, Florida and further described as follows: Beginning at the Southeast corner of Section 19, T45 S, R43 E, thence N 000 59' 39" W along the East line of said Section 19, a distance of 1898.10 feet to a point; thence S 890 00' 21" W, a distance of 60.00 feet to a point on the westerly right-of- way line of Congress Avenue, said point also being the principal point and place of beginning of the following description: Thence S 880 05' 26" W, a distance of 846.73 feet to a point; thence S 430 32' 54" W, a distance of 57.02 feet to a point; thence S 000 59' 39" E, a distance of 258.27 feet to a point; thence S 160 46' 44.2" E, a distance of 199,60 feet to a point; thence S 00059' 39" E, distance of 102.20 feet to a point; thence S 440 46' 34" E, a distance of 14.45 feet to a point on the northerly right-of-way line of Boynton West Road (formerly old Boynton Road); thence N 890 46' 34" W, along said northerly line, a distance of 1684.25 feet to a point; thence N 000 51' 51" W, a distance of 1228.05 feet to a point; thence N 870 58' 21" E, a distance of 52.34 feet to a point; thence 227.77 feet along a curve to the left, having a radius of 145.00 feet and a chord of 205.06 feet, bearing N 420 58' 21" E to a point; thence N 20 01' 39" W, a distance of 23,67 feet to a point; thence 134.54 feet along a curve to the right, having a radius of 240.00 feet and a chord of 132,78 feet, bearing N 140 01' 53.5" E to a point; thence 234.57 feet along a curve to the left, having a radius of 320.00 feet and a chord of 229.36 feet, bearing N 90 05' 26" E to a point; thence N 110 .54' 34" W, a distance of 70.00 feet to a point; thence 294,96 feet, along a curve to the right, having a radius of 325,00 feet and a chord of 284.94 feet, bearing N 140 05' 26" E to a point; thence 293.22 feet along a curve to the left, having a radius of 420.00 feet and a chord of 287.30 feet, bearing N 200 05' 26" E to a point; thence N 000 05'26" E, a distance of 145.00 feet to a point; thence N 880 05' 26" E, a distance of 1738,,97 feet to a point; thence S 000 59' 39" E, a distance of 472.86 feet to a point; thence N 880 OS' 26" E, a distance of 328.87 feet to point on the Westerly line of Congress Avenue, thence S 000 59' 39" E, along said Westerly line, a distance of 130.01 feet to a point; thence N 460 27' 06" W, a distance of 56,11 feet to a point; thence S 880 05' 26" W, a distance of 430.00 feet to a point; thence S 000 59' 39" E, a distance of 609.99 feet to a point; thence N 880 05' 26" E, a distance of 430.00 feet to a point; thence N 430 32' Page 2 Notice of Public Hearing Boynton Beach Mall 54" E, a distance of 57.02 feet to a point on the Westerly line of Congress Avenue; thence S 000 59' 39" E, along said Westerly line, a distance of 170.01 feet to a point; thence N 460 27' 06" W, a distance of 56,11 feet to a point; thence S 880 05' 26' W, a distance of 608.00 feet to a point; thence S 000 59' 39 E, a distance of 230,00 feet to a point; thence N 880 05' 26 E, a distance of 340.00 feet to a point; thence S 000 59' 39 E, a distance of 150.00 feet to a point; thence S 880 05' 26 W, a distance of 340,00 feet to a point; thence S 000 59' 39 E, a distance of 229.99 feet to a point; thence N 880 05' 26' E, a distance of 608.00 feet to a point; thence N 430 32' 54" E, a distance of 57.02 feet ~o a point on the Westerly line of Congress Avenue; thence S 000 59' 39" E, along said Westerly line, a distance of 130.01 feet to the principal point and place beginning and containing 107.75 acres of land, more or less. AND A parcel of land lying in Section 19, Township 45 South, Range 43 East, Palm Beach County, Florida, being more particularly described as follows: Commence at the center of Section 19; thence N 00 51' 51" W, along the North South 1/4 Section line of said Section, a distance of 35.00 feet; thence N 870 58' 21" E, a distance of 20.00 feet to the principal point and place of beginning of the following description: Thence continuing N 870 58' 21" E a distance of 20.01 feet to a point; thence N 00 51' 51" W, along a line 40.00 feet East of and parallel with said North South 1/4 Section Line, a distance of 1191.23 feet to a point on the South right-of-way I ine of Boynton Canal; thence N 880 05' 26" E, along said South right-of-way line, a distance of 432.99 feet to a point; thence S 00 05' 26" W, a distance of 145.00 feet to a point; thence 293.22 feet along an arc to the right, having a radius of 420,00 feet and a chord of 287.30 feet bearing S 200 05' 26" W' thence 294.96 feet, along an arc to the left having a radius of 325.00 feet and a chord of 284.94 feet, bearing S 140 05' 26" W; thence S 110 54' 34" E a distance of 70.00 feet to a point; thence 234.57 feet, along an arc to the right, having a radius of 320.00 feet and a chord of 229.36 feet bearing S 90 05' 26" W; thence 134.54 feet, along an arc to the left having a radius of 240.00 feet and a chord of 132.78 feet, bearing S 140 01' 53" W; thence S 020 01' 39" E, a distance of 23.67 feet to a point; thence 227.77 feet, along an arc to the right having a radius of 145.00 feet and a chord of 206.06 feet, bearing S 420 58' 21" W; thence S 870 58' 21" W, a distance of 72.34 feet to a point; thence N 00 51' 51" W a distance of 85.00 feet to the point of beginning and containing 8.614 acres of land more or less. CONTAINING: 116.364 ACRES GROSS LAND AREA LOCATION: Approx~mately 850 feet west of intersection of Congress, Avenue and Boynton Road; Boynton Beach, Florida. the Old PROPOSED CHANGES: Request to extend the build-out date of the remaining unbuilt department store at the Boynton Beach Mall and to revise the traffic conditions of the previous approval. Page 3 Notice of Public Hearing Boynton Beach Mall APPLICANT: DeBartolo Properties Management, Inc. AGENT: Thomas A. Marsicano Greiner, Inc. All interested parties are encouraged to appear at said hearing in person, to be represented by an attorney or comment in writing. The application and all related documents will be available for review during normal working hours in the office of the Planning and Zoning Department, 100 East Boynton Beach Boulevard, Boynton Beach. Any person who decides to appeal any decision of the City Commission with respect to the matter considered at this meeting will need a record of the proceedings and for such purpose may need to ensure that a verbatim record of the proceedings is made, which includes the testimony and evidence upon which the appeal is based, SUZANNE M. KRUSE, CITY CLERK CITY OF BOYNTON BEACH PUBLISH: PALM BEACH POST FEBRUARY 5, 1996 a:Legnotic.Mal c: City Mgr, City Attny, City Commission, Files, Planning ,I PLANNING AND ZONING DEPARTMENT MEMORANDUM NO. 96-094 TO: Carrie Parker City Manager FROM: Tambri J, HeYden'~ Planning and Zoning Director DATE: February 15, 1996 SUBJECT: Boynton Beach Mall - DRIA #96-001 DRI amendment to traffic and build-out conditions NATURE OF REQUEST ~he Boynton Beach Mall is located approximately 900 feet west of the intersection of Congress Avenue and Old Boynton Road (see attached location map in Exhibit "A" which also illustrates zoning districts in the area). The majority of the mall property is zoned C-3, Community Commercial, however the northwest portion is zoned REC to overlay a required preservation area, Thomas Marsicano, agent for DeBartolo Properties Managemnt, Inc. - the mall property owner, has submitted a notice of proposed change to the previously approved development order (Resolution No. 91-37) for the Boynton Beach Mall DRI (Development of Regional Impact), The proposed amendments are listed below: 1. Extend the date of buildout from December 31, 1991 (which has been exceeded) to February 20, 1998. 2. Revise the following traffic mitigation conditions: a) Hypoluxo Road/Congress Avenue - northbound and southbound left turn lanes; b) N.W. 22nd Avenue/Congress Avenue - southbound right turn lane; c) Old Boynton West Road/Congress Avenue eastbound left turn lane; d) Boynton Beach Boulevard/I-95 West - westbound through lanes and left turn lanes and e) Boynton Beach Boulevard/I-95 East - eastbound through lanes and left turn lanes. BACKGROUND This amendment request is governed by Chapter 380,06(19), Florida Statutes, fo~ a determination of substantial deviation. A public hearing must be conducted by the City Commission to determine whether further development of regional impact review is required. If no further review is required, the City Commission shall issue an amended development order which, in this instance, requires the passage of a resolution to amend the previously approved development order. If a determination is made that the proposed changes require further development of regional impact review, the review shall be conducted only on those aspects of the development order required to be changed. The required public hearing shall receive a fifteen day public notice. This has been advertised in the Palm Beach Post for a public hearing to be conducted on February 20, 1996. In addition, the public hearing notice has been faxed to the Treasure Coast Regional Planning Council, who has a contract with the Department of Community Affairs (DCA) to review such requests in this area, -TO: Carrie Parker -2- February 15, 1996 ANALYSIS In 1988, the city granted site plan approval to the mall to construct a sixth department store. This approval was subject to a concurrent substantial deviation request to the Boynton Beach Mall DRI. The mall development order was amended to allow the substantial deviation in 1989 and was subsequently appealed by the state land planning agency (DCA) and the regional planning council (Treasure Coast). In 1991, the city amended the 1989 mall development order to address the state's and region's concerns. At the time, the sixth department store was planned to be a Sears. However, in the interim, Jordan Marsh vacated their store space which Sears renovated and occupied without the need for c9nstructing the sixth store. Until now, the mall has not had any need to build the sixth department store which had a build-out date of December 31, 1991. A site plan application has been submitted for which first review has been completed. It is anticipated that the site plan application will come before the Commission no later than April. Therefore, it is necessary for the mall to request an extension of their build-out date. Florida Statutes states that; "An extension of the date of buildout, or any phase thereof, of 5 years or more, but less than 7 years shall be presumed not to create a substantial deviation" Pursuant to this section of state law, the mall's request for an extended buildout date of February 20, 1998 is less than the 7 year threshold for a substantial deviation. Hence, this alone does not constitute a substantial deviation. In conjuction with the buildout date extension, the applicant was required to update his traffic analysis. Revisions to the transporation 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 traffic analysis and changes in state DRI law. The list of remaining traffic conditions within the attached resolution have been approved by Palm Beach County, the FDOT ~nd the Treasure Coast Regional Planning Council's traffic consultant. RECOMMENDATION Based on the approvals that have been received by the city from other agencies responsible for reviewing DRI amendments, it is recommended that the Commission make a determination that the changes requested do not constitute a substantial deviation and that they approve the attached resolution which modifies the previously approved Boynton Beach Mall DRI development order. tjh Attachments A:BBMaIDRI xc: Central file s )t }\. 1. B 1. 'r " A" , ~ .! .l.. .__..__.__ _1.,- -----.-. .' "1'-'-- -Tf-rf l I' . . ~l ~ ~_:r:'-~:-11~ \ 'l~t ~: ! IlIllTI\ 1 I . "1 I [[lJTI~\O 1',1 . rO'1 \ ' . . 80 yXlf'VN c..rfil,:;'t-'" - c~j ~ - ., . ~ ~ c:J , --- CG\ !~G \ I " ... ~)-, (\ ~ , /l"", ' L.~ II' . .J) , C 'I I ' :l. ff1. " " II c:::::> . '0 1/8 MILES T\\II II. . \ R "0 .400. "800 FEET :3 I PI-It/llN("'6 PI!J1r. 2,-9' -I. .; . 'j . I..' . "., . :~ J'o.:..;.......,[/...., ~ HODGSON RUSS ANDREWS WOODS & GOODYEARLLP C. C. Conahan, P.A. Partner 2000 Glades Road Suite 400 Boca Raton, FL 33431 407-394-0500 BOCA RATON 407-736-2177 PALM BEACH 305-764-2440 BROWARD FAX' 305..427.4303 Albany Boca Raton Buffalo New York Rochester Mississauga (Toronto) ATTORNEYS AT LAW January 9, 1996 i U ,} .~.,~.~>.~~ _. .~. ,<~,' N :,\ PU'1 9' lulL- " I PlA~iNni.-.GA,~jD-it1;:?, " , ZO~ING DU>T. _)J r....... '11 VIA HAND DELIVERY Tambri Heyden Director of Planning & Zoning City of Boynton Beach IOO E. Boynton Beach Boulevard Boynton Beach, Fl 33435 Dear Tambri: RE: Boynton-JCP Associates, Ltd. In accordance with your request, enclosed is one copy of the proposed Resolution to adopt the proposed changes to the Boynton Beach Mall Development Order. We will very much appreciate it if this matter can be placed on the next City Commission Agenda for adoption. Also at your request, enclosed is the resolution on disk in Word Perfect 5.1. Please call me if you have any questions. ve~?Z1~ Cormac C. 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J;' ,~. .~~ ~Eg~,2' r.:,J OCQ'_c- 0.: f:=J i::: ~' '\- ~", LiZ G - " 'Y. ~4'" "- ;.~).. .c:" "(' -(\', Iri-.":J._ ,-_/ ":..7. ,vl; 7 : f:::", \ /' ~~ ::c U H t<l:: rx.. 1'4 ro ::r: z u o .::: 8e~ Z..-lro ~M o Z ro~o 08 ~roz 8 :>i HOO Up.,ro f if) l"'1 '<:I' l"'1 M " "...;;.. ,.. -* ~.,.!!.-,~...;Jl~.4b"-",';.;_~";,,;:-"~,,,,, <---;"', ""'" ':..~ 0'1) ~.1995 LAND AND WATER MANAGEMENT tJlp Ch. 380 ~ 1-' l}n>T or constructive notice of any such lien, cloud, or encum- brance. This paragraph applies only to developments initially approved under this section after July 1, 1980. (9) If the property is annexed by another local juris- diction, the annexing jurisdiction shall adopt a new development order that incorporates all previous rights and obligations specified in the prior development order. (16) CREDITS AGAINST LOCAL IMPACT FEES,- (a) If the development order requires the developer to contribute land or a public facility or construct, expand, or pay for land acquisition or construction or expansion of a public facility, or portion thereof, and the developer is also subject by local ordinance to impact fees or exactions to meet the same needs, the local gov- ernment shall establish and implement a procedure that credits a development order exaction or fee toward an impact fee or exaction imposed by local ordinance for the same need; however, if the Florida Land and Water Adjudicatory Commission imposes any additional requirement, the local government shall not be required to grant a credit toward the local exaction or impact fee unless the local government determines that such required contribution, payment, or construction meets the same need that tIhe local exaction or impact fee would address. The nongovernmental developer need not be required, by virtue of this credit, to competitively bid or negotiate any pert of the construction or design of the facility, unless otherwise requested by the local government. (b) If the local government imposes or increases an impact fee or exaction by local ordinance after a devel- opment order has been issued, the developer may peti- tion the local government, and the local government shall modify the affected provisions of the development order to give the develt1Jer credit for any contribution of land for a public facility, or construction, expansion, or contribution of funds for land acquisition or construction or expansion of a public facility, or a portion thereof, required by the development order toward an impact fee or exaction for the same need, (c) The local govemment and the developer may enter into capital contribution front-ending agreements as part of a development-of-regional-impact develop- ment order to reimburse the developer, or the develop- er's successor, for v:Oluntary contributions paid in excess of his or her fa~r share. (d) This subsection does not apply to internal, onsite facilities required by local regulations or to any offsite facilities to the extent such facilities are necessary to provide safe and adequate services to the development. (17) LOCAL MONITORING.-The local government issuing the developmem order is primarily responsible for monitoring the development and enforcing the provi- sions of the development order. Local governments shall not issue any permits or approvalS or provide any extensions of services if the developer fails to act in sub- stantial compliance wilt! the development order, (18) ANNUAL REPORTS.-The developer shall sub- mit an annual report Oft the development of regional impact to the local gO'\i'emment, the regional planning agency, the state land planning agency, and all affected permit agencies on the date specified in the develop. ment order. If the annual report is not received, the regional planning agency or the state land planning agency shall notify the local government. If the local gov- ernment does not receive the annual report or receives notification that the regional planning agency or the state land planning agency has not received the report, the local government shall request in writing that the developer submit the report within 30 days. The failure to submit the report after 30 days shall result in the tem- porary suspension of the development order by the local government. (19) SUBSTANTIAL DEVIATIONS,- (a) Any proposed change to a previously approved development which creates a reasonable likelihood of additional regional impact, or any type of regional impact created by the change not previously reviewed by the regional planning agency, shall constitute a sub- stantial deviation and shall cause the development to be subject to further development-of-regional-impact review. (b) Any proposed change to a previously approved development of regional impact or development order condition which, either individually or cumulatively with other changes, exceeds any of the following criteria shall constitute a substantial deviation and shall cause the development to be subject to further development-of- regional-impact review without the necessity for a find- ing of same by the local government: 1. An increase in the number of parking spaces at an attraction or recreational facility by 5 percent or 300 spaces, whichever is greater, or an increase in the num- ber of spectators that may be accommodated at such a facility by 5 percent or 1,000 spectators, whichever is greater. 2. A new runway, a new terminal facility, a 25- percent lengthening of an existing runway, or a 25- percent increase in the number of gates of an existing terminal, but only if the increase adds at least three addi- tional gates. However, if an airport is located in two counties. a 10-percent lengthening of an existing run- way ora 20-percent increase in the number of gates of an existSlg terminal is the applicable criteria. 3. An increase in the number of hospital beds by 5 percent or 60 beds, whichever is greater, 4. An increase in industrial development area by 5 percent or 32 acres, whichever is greater. 5. An increase in the average annual acreage mined by5 percent or 10 acres, whichever is greater, or an increase in the average daily water consumption by a mining operation by 5 percent or 300,000 gallons, whichever is greater. An increase in the size of the mine by 5 percent or 750 acres, whichever is less. 6. An increase in land area for office development by 5 percent or 6 acres, whichever is greater, or an increase of gross floor area of office development by 5 percent or 60,000 gross square feet, whichever is greater. 7. An increase in the storage capacity for chemical or petroleum storage facilities by 5 percent, 20,000 bar- rels, or 1 million pounds, whichever is greater. 8. An increase of development at a waterport of wet storage for 20 watercraft, dry storage for 30 watercraft, or wet/dry storage for 60 watercraft in an area identified in the state marina siting plan as an appropriate site for 1621 Ch.380 lAND AND WATER MANAGEMENT additional water port development or as-percent increase in watercraft storage capacity, whichever is greater. 9. An increase in the number of dwelling units by 5 percent or 50 dwelling units, whichever is greater. 10. An increase in commercial development by 6 acres of land area or by 50,000 square feet of gross floor area, or of parking spaces provided for customers for 300 cars or a 5-percent increase of any of these, which- ever is greater. 11. An increase in hotel or motel facility units by 5 percent or 75 units, whichever is greater. 12. An increase in a recreational vehicle park area by 5 percent or 100 vehicle spaces, whichever is less. 13, A decrease in the area set aside for open space of 5 percent or 20 acres, whichever is less. 14, A proposed increase to an approved multiuse development of regional impact where 1he sum of the increases of each land use as a percentage of the appli- cable substantial deviation criteria is equal to or exceeds 100 percent. The percentage of any decrease in the amount of open space shall be treated as an increase for purposes of determining when 100 percent has been reached or exceeded, 15, A 15-percent increase in the number of external vehicle trips generated by the development above that which was projected during the original development- of-regional-impact review, 16. Any change which would result in development of any area which was specifically set aside in the appli- cation for development approval or in the development order for preservation or special protection of endan- gered or threatened plants or animals designated as endangered, threatened, or species of special concern and their habitat, primary dunes, or archaeological and historical sites designated as significan1 by the Division of Historical Resources of the Department of State. The further refinement of such areas by survey shall be con- sidered under sub-subparagraph (e)5.b. (c) An extension of the date of buildout of a develop- ment, or any phase thereof, by 7 or more years shall be presumed to create a substantial deviation subject to further development-of-regional-impact review, An extension of the date of buildout, or any phase thereof, of 5 years or more but less than 7 years shall be pre- sumed not to create a substantial deviation. These pre- sumptions may be rebutted by clear and convincing evi- dence at the public hearing held by the local govern- ment. An extension of less than 5 years is not a substan- tial deviation, For the purpose of calculating when a buildout, phase, or termination date has been exceeded, the time shall be tolled during the pendency of administrative or judicial proceedings relating to development permits. Any extension of the buildout date of a project or a phase thereof shall automatically extend the commencement date of the project, the ter- mination date of the development order, the expiration date of the development of regional impact, and the phases thereof by a like period of time. (d) A change in the plan of development of an approved development of regional impact resulting from requirements imposed by the Department of Environ- mental Protection or any water management district cre- ated by s. 373.069 or any of their successor agencies 0/ by any appropriate federal regulatory agency shall be submitted to the local government pursuant to this SUb- section. The change shalbe presumed not to create a substantial deviation su~ct to further development_ of-regional-impact review. The presumption may be rebutted by clear and convincing evidence at the public hearing held by the local government. (e)1, A proposed change which, either individually or, if there were previous changes, cumulatively with those changes, is equal to or exceeds 40 percent of any numerical criterion in subparagraphs (b)1.-15., but which does not exceed such criterion, shall be pre. sumed not to create a substantial deviation subject to further development-of-regional-impact review. The presumption may be rebutted by clear and convincing evidence at the publiC hearing held by the local govern. ment pursuant to subparagraph (f)5, 2. Except for a devek>pment order rendered pursu- ant to subsection (22) 01 subsection (25), a propOSed change to a development order that individually or cumulatively with any previous change is less than 40 percent of any numerical criterion contained in subparagraphs (b)1.-15.and does not exceed any other criterion, or that involves an extension of the buildout date of a development, or any phase thereof, of less than 5 years is not subject to the public hearing require- ments of subparagraph (f)3, , and is not subject to a determination pursuant to subparagraph (f)5. Notice of the proposed change shall be made to the regional plan- ning council and the state land planning agency. Such notice shall include a description of previous individual changes made to the development, including changes previously approved by file local government, and shaD include appropriate amendments to the development order. The following changes, individually or cumula. tively with any previous changes, are not substantial deviations: a. Changes in the name of the project, developer, owner, or monitoring official. b. Changes to a setback that do not affect noise buffers, environmental protection or mitigation areas, or archaeological or historical resources. ,.' c, Changes to minimum lot sizes. d. Changes in the configuration of internal roads that do not affect external access points, e. Changes to the building design or orientati?n that stay approximately within the approved area deslg. nated for such building and parking lot, and which do not affect historical buildings designated as significant by the Division of Historical Resources of the Depart. ment of State. f, Changes to increase the acreage in the develOP- ment, provided that no development is proposed on the acreage to be added. g. Changes to eliminate an approved land use, pro- vided that there are no additional regional impactS. , ' h, Changes required to conform to per~lts approved by any federal. state, or regional permittIng agency, provided that these changes do not create additional regional impacts, . i. Any other change which the state land planning agency agrees in writing is similar in nature, impact, rJ 1622 F~S..1~ .. ~.., ,'J:' ;uccessor agencies or ltory agency shall be t pursuant to this sub- ;umed not to create a further development- presumption may be evidence at the public 'TIent. -. ~ lich, either individually )es, cumulatively with :leds 40 percent of any ~raphs (b)1.-15., but ;riterion, shall be pre- al deviation subject to ai-impact revie~. ~he y clear and convincing 31d by the local govem- (f)5.' '.'- t order rendered pursu- ;ction (25). a proposed ,er that individually or change is less .than ~O riterion con tamed In as not exceed any.other tension of the bUlldout , phase thereof, of I~ss , public hearing reqUire- ~nd is not subject to a :aragraph (f)5,. Notice of ade to the regional plan- planning age,"!cy:~uch m of previous indiVidual 'lent including changes '1.1 go~ernment, and shall ltS to the development individually or cumu~a' ]es, are not substantial t the project. developer. that do not affect noise )n or mitigation areas, or " :lurces. .. " )t sizes, ds Jration of internal roa ess points. . 9 design or orientatl?" ~he approved area ?eslg- ~rking lot, and Whl?~ do iesignated as SignlfIC:~~ esources of the Dep , 3 acreage in the devel~~ Jment is proposed on " , approved l8:nd use. pro: lnal regional Impacts. .ts :l conform to per,m.' e, or regional perml~~~ changes do not cr" h the state lan~ pla"~in~ nilar in nature. Impac , F.S.1995 LAND AND WATER MANAGEMENT Ch.380 character to the changes enumerated in .sub- ment. the state. land planning agency, and the appropri- subparagraphs a.-h. and which does not create the like- ate regional planning agency. the local government shall lihood of any additional regional impact. ' ,"''',c give 15 days' notice and schedule a public hearing to consider the change that the de'IIefoper asserts does This subsection does not require a devel~ Ofgec not create a: substantial deviation. amendment for any change listed in sub-,A~iThe,appropriate regional planning agency or the subparagraphs a.-i. unless such issue is addressed state land planning agency shall review the proposed either in the existing development order or in theappli- change and. prior to the public hearing at which the pro. cation for development approval. but, in the case of the posed change is to be considered. shall advise the local application. only if, and in the manner in which. theappli- government' in,writing whether it objects to the pro- cation is incorporated in the development order."',,,,,, posed change, shall specify the reasons for its objec. 3. Except for the change authorized by sub':' tion. if any. and shalf provide a copy to the developer, subparagraph 2.1., any addition of land not previously A change which is subject to the substantial deviation reviewed or any change not specified in paragraph (b) criteria s~cifiedjn ,sub-subparagraph (e)5,c. shall not or paragraph (c) shall be presumed to create a substan- be subject fa this requirement. , tial deviation. This presumption may be rebutted by 5. 'rAtthe' public hearing, the local government shall clear and convincing evidence, ' "1'(':~: determine whether the proposed change requires fur- 4. Any submittal of a proposed change to aprevi. ther development-of-regional-impact review. The pro- ouslyapproved development shall include a desaiption visions of paragraphs (a) and (e). the thresholds set forth of individual changes previously made to the develop- in paragraph (b), and the presumptions set forth in para- ment, including changes previously approved by the graphs (c) and (d) and subparagraphs (e)1. and 3. shall local government. The local government shall consider be applicable in determining whether further develop- the previous and current proposed changes in deciding ment.,-of:-regional-impact review is required. whether such changes cumulatively constitute a sub- ., '6. : If the local government determines that the pro- stantial deviation requiring further development-of- Posed change does ,not require fwther development- regional-impact review. of-regional-impact review and is otherwise approved, 5. The following changes to an approved develop- or if the proposed change is not subject to a hearing and ment of regional impact shall be presumed to create a determination pursuant to subparagraphs 3. and 5. and substantial deviation. Such presumption may be rebut- is otherwise approved, the local government shalf issue ted by clear and convincing evidence. '1 an amendment to the development order incorporating a, A ch.ange proposed for 15 percent or more of the the approved change and conditions of approval relat- acreage to a land use not previously approved in the ing to the change. The decision of the local government development order. Changes of less than 15 percent to approve. with or without conditions. or to deny the shall be presumed not to create a substantial deviation. proposed change that the developer asserts does not b. Except for the types of uses listed in require further review shall be subject to the appeal pro- subparagraph (b)16., any change which would red in visions of s. 380.07. However, the state land planning the development of any area which was specifically set agency may not appeal the local government decision aside in the application for development approval or in if it did not comply with subparagraph 4. The state land the development order for preservation, buffers. or spe- planning agency may not appeal a change to a develop- cial protection, including habitat for plant and animal ment order made pursuant to subparagraph (e)2. for species, archaeological and historical sites, dunes, and developments of regional impact approved after Janu- other special areas, ary 1, 1980, unless the change would result in a signifi- c, Notwithstanding any provision of paragraph (b) cant impact to a regionally si9nifi~t arc~aeol?~ic~I, to the contrary, a proposed change consisting of simul- historical, or natural resource not preVIOUsly Identified In taneous increases and decreases of at least two of the the original development-of-regional-impact review, uses within an authorized multiuse development of ,\;(g) If a'propoSed change requires further develop. regional impact which was originally approved with ment-of-regional-impact review pursuant to this sec- three or more uses specified in s. 38O.0651(3)(c), (d), (1). tion, the review shall be conducted subject to the follow- and (g) and residential use. ing additional conditions: (f)1. The state land planning agency shall establish ,,1. The development-of-regional-impact review by rule standard forms for submittal of proposed conducted by the appropriate regional planning agency Changes to a previously approved development of shall address only those issues raised by the proposed regional impact which may require further develop- change except as provided in subparagraph 2. rnent-of-regional-impact review. At a minimum. the 2. The regional planning agency shall consider, and standard form shall require the developer to provide the the local government-shall determine whether to precise language that the developer proposes to delete approve, approve.with conditions, or deny the proposed 0r add as an amendment to the development order. change as it relates to the entire development. If the 2. The developer shall submit. simultaneously, to local government determines that the proposed change, the local government. the regional planning agency, and as it relates to the entire development, is unacceptable, 'he state land planning agency the request for approval the local government shall deny the change. )1 a proposed change. 3.' If the local government determines that the pro- 3, No sooner than 30 days but no later than 45 days posed change, as it relates to the entire development, 'liter submittal by the developer to the local govern- should be approved. any new conditions in the amend- 1623 ~ . , ~ , -' ,.' - :.~ ~ Ch.380 LAND AND WATER MANAGEMENT F.S.1~ ment to the development order issued by the local gov- ernment shall address only those issues raised by the proposed change. 4. Development within the previously approved development of regional impact may continue, as approved, during the development-of-regional-impact review in those portions of the development which are not affected by the proposed change. (h) When further development-of-regional-impact review is required because a substantial deviation has been determined or admitted by the developer, the amendment to the development order issued by the local government shall be consistent with the require. ments of subsection (15) and shall be subject to the hearing and appeal provisions of s. 380.07, The state land planning agency or the appropriate regional plan- ning agency need not participate at the local hearing in order to appeal a local government development order issued pursuant to this paragraph. (20) VESTED RIGHTS,-Nothing in this section shall limit or modify the rights of any person to complete any development that has been authorized by registration of a subdivision pursuant to chapter 498, by recordation pursuant to local subdivision plat law, or by a buiJding permit or other authorization to commence development on which there has been reliance and a change of posi- tion and which registration or recordation was accom- plished, or which permit or authorization was issued, prior to July 1, 1973. If a developer has, by his or her actions in reliance on prior regulations, obtained vested or other legal rights that in law would have prevented a local government from changing those regulations in a way adverse to the developer's interests, nothing in this chapter authorizes any governmental agency to abridge those rights. (a) For the purpose of determining the vesting of rights under this subsection, approval pursuant to local subdivision plat law, ordinances, or regulations of a sub. division plat by formal vote of a county or municipal gov- ernmental body having jurisdiction after August 1,1967, and prior to July 1, 1973, is sufficient to vest all property rights for the purposes of this subsection; and no action in reliance on, or change of position concerning, such local governmental approval is required for vesting to take place. Anyone claiming vested rights under this paragraph must so notify the department in writing by January 1, 1986. Such notification shall include informa- tion adequate to document the rights established by this subsection. When such notification requirements are met, in order for the vested rights authorized pursu- ant to this paragraph to remain valid after June 30, 1990, development of the vested plan must be commenced prior to that date upon the property that the state land planning agency has determined to have acquired vested rights following the notification or in a binding let- ter of interpretation. When the notification requirements have not been met, the vested rights authorized by this paragraph shall expire June 30, 1986, unless develop- ment commenced prior to that date. (b) For the purpose of this act, the conveyance of, or the agreement to convey, property to the county, state, or local government as a prerequisite to zoning change approval shall be construed as an act of reliance to vest rights as determined under this subsection, pro- vided such zoning change is actually granted by SUch government. (21) COMPREHENSIVE APPLICATION; MASTER PLAN DEVELOPMENT ORDER.- (a) If a development project includes two or more developments of regional impact. a developer may file a comprehensive development-of-regional-impact application. (b) If a proposed development is planned for devel- opment over an extended period of time, the developer may file an application for master development approval of the project and agree to present subsequent incre- ments of the development for preconstruction review. This agreement shall be entered into by the developer, the regional planning agency, and the appropriate local government having jurisdiction. The provisions of sub- section (9) do not apply to this subsection, except that a developer may elect to utilize the review process established in subsection (9) for review of the incre- ments of a master plan. 1. Prior to adoption of the master plan development order, the developer, the landowner, the appropriate regional planning agency, and the local government having jurisdiction shall review the draft of the develop- ment order to ensure that anticipated regional impacts have been adequately addressed and that information requirements for subsequent incremental application review are clearly defined, The development order for a master application shall specify the information which must be submitted with an incremental application and shall identify those issues which can result in the denial of an incremental application. 2. The review of subsequent incremental applica. tions shall be limited to that information specifically required and those issues specifically raised by the mas- ter development order, unless substantial changes in the conditions underlying the approval of the master plan development order are demonstrated or the master development order is shown to have been based on substantially inaccurate information. (c) The state land planning aget1cy, by rule, shall establish uniform procedures to implement this subsec- tion, (22) DOWNTOWN DEVELOPMENT AUTHORITIES.- (a) A downtown development authority may submit a development-of-regional-impact application for development approval pursuant to this section. The area described in the application may consist of any or all of the land over which a downtown development authority has the power described in s. 380.031(5). For the pur. poses of this subsection, a downtown development authority shall be considered the developer whether or not the development will be undertaken by the down- town development authority, (b) In addition to information required by the devel. opment -of -regional-impact application, the application for development approval submitted by a downtown development authority shall specify the total amount of development planned for each land use category. In addition to the requirements of subsection (15), the development order shall specify,the amount of develop- ment approved within each land use category. DevelOP- 1624 1 h~i,' RESOLUTION NO. Amending theA~pment Adopted March 5, 1991 tvY Order . {j It- <' (;,/), V '/ ~vof A Resolution of the City Commission of the City of ( ( 'J ~ I I i Boynton Beach, Florida, making findings and conclusions of law pertaining to the Boynton Beach Shopping Mall, a Development of Regional Impact, and constituting this Resolution as a Development Order by the City of Boynton Beach in compliance with law; providing an effective date; and providing a termination date. ~ WHEREAS, Boynton-JCP Associates, Ltd. ("Applicant") has had a Development Order (the "Original Development Order") approved by the Board of County Commissioners of Palm Beach County ("Resolution No. R-74-343) on May 7, 1974 which was adopted by the City on November 16, 1982; which permitted l,108,000 square feet of gross leasable area; and 't)::,( , I tJ S 9 WHEREAS, the Development Order was amended on March 5, It] '1'1- 1991 permitting ~,244,449 square feet of gross leasable area; and WHEREA...g, Applicant has filed a Notice of Proposed Change to a previously approved Development of Regional Impact ("Notice of Proposed Change") with the City of Boynton Beach, Florida, in accordance with Section 380.06, Florida Statutes; and WHEREAS, Applicant proposes to construct a total of 1,244,449 square feet of commercial retail gross leasable space on the real property whose legal description is set forth in Exhibit "A" and located :..n the City of Boynton Beach, Florida; and WHEREA!;, the City Commission as the governing body of the City of Boynton B,:ach having jurisdiction, pursuant to Chapter 380, Florida Statutes, is authorized and empowered to consider Notices of proposed Change to the current Development Order for Developments of Regional Impact and the City Commission has determined that the proposed change does not constitute a substantial deviation under Chapter 380, Florida Statutes; and WHEREAS, the City Commission on the '< ./~ :)!1 day of ~i~1Uv ~ 1996, held a duly noticed public hearing on the Notice of Proposed Change and has heard and considered the testimony taken thereat; and WHEREAS, the Applicant shall submit a Site Plan which shall comply with all ordinances and requirements of the City; and WHEREAS, the City Commission has received and considered the recommendations of the Treasure Coast Regional Planning Council; and WHEREAS, the City Commission has made the following Findings of Fact and Conclusions of Law. FINDINGS OF FACT 1. The proposed Development is not in an Area of Critical State Concern designated pursuant to the provisions of Section 380.06, Florida Statutes; 2. The State of Florida has not adopted a land development plan applicable to the area in which the proposed Development is to be located; 3. The proposed Development is consistent with the report and recommendations of the Treasure Coast Regional Planning Council submitted pursuant to Section 380.06 (12), Florida Statutes; 2 4. The proposed Development is consistent with the local comprehensive plan, zoning and development laws and regulations of the City. 5. The Notice of Proposed Change does not constitute a substantial deviation from the previously approved Development Order. 6. The premises are correct and hereby accepted by the City. CONCLUSIONS OF LAW I; X '\ ~I( ct '~t~/ · NOW, THEREFORE BE IT RESOLVED BY CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, public meeting, duly constituted and assembled thi~rd.-~ay~J~~---~9'~hat the Development of Regional Impact Application for Amended Development Approval approved March 5, 1991 is hereby modified, by replacing the conditions, restrictions and limitations under the headings "CONCLUSIONS OF LAW" and "CONDITIONS OF DEVELOPMENT ORDER AS AMENDED" set forth in Resolution R9l-37 with the following conditions, restrictions and limitations: Application for Development Approval 1. The Notice of Proposed Change by Boynton-JCP Associates, Ltd. is incorporated herein by reference and relied upon by the Parties in discharging their statutory duties under Chapter 380, Florida Statutes. The Applicant is Boynton-JCP Associates, Ltd. and shall hereafter include the successors and assigns of Boynton-JCP Associates, Ltd. Substantial compliance with the representations contained in the Notice of Proposed Change as modified by the terms and conditions herein is a condition of approval. For purposes of this condition, the Development Order shall include those matters submitted in the Notice of Proposed 3 Change to a previously Approved Development of Regional Impact -~ dated teemb~~ 1995) --....., --, --..------------- Commencement and Progress of Development 2. Failure to initiate construction and physical development within two years from the effective date of this Resolution or failure to maintain reasonable progress toward completion of the development after having initiated construction in a timely manner, may constitute a substantial deviation and the development shall be submitted 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 evidence of a structure (other than a mobile home) on a site, such as the pouring of slabs or footings or any work beyond the stage of excavation or land clearing. I Termination Date J~td'- 3. This Development Order shall termi~-ember 31, 2010 unless extended by the City commission~ Nothing herein J I shall limit or extinguish any vested rights of/the Applicant, its successors or assigns regarding the existini square footage of gross leasable area of the existing Boynton Beach Mall. CONDITIONS OF DEVELOPMENT ORDER AS AMENDED 1. Except as specifically amended herein, all conditions specified in the Original 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. 4 2. Prior to issuance of a Building Permit for construction of additional square footage pursuant to this , ~~J>>~evelopment 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 "I" 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. 3. Prior to conunencing construction activity within the parcel containing the area to be preserved, (described by "Limits of Pine Area" shown on Exhibit "l"), the preserve area 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 (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 certificite of occupancy for any building constructed pursuant to thi~opment Order. These species shall not be used in landscaping. 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". 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"). , '..... ("'\ I x ~ 'vC'~)' '~ 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 5 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 (I) 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. 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 of ten square feet of vegetated littoral zone per linear foot of shoreline shall be established so that a least sixty 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 zone shall be in place prior to the issuance of a Certificate of Occupancy for any additional square footage to be constructed under this Development Order. 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. 8. No building permit shall be issued for construction of any additional square footage under this~~pment Order, until the developer shall prepar~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, used, or generated on the 6 premises; B Provide minimum standards and procedures for storage, preventi.on 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 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. 9. No building permits for gross leasable space in -< '? ~ \~ ) excess of 1,l08,OOO square feet within the Boynton Beach Mall 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 further dedications are necessary to implement the Proposed Change. 10. No building permits shall be issued for the Boynton Beach Mall for gross leasable space in excess of 1,I08,OOO square feet until contracts have been let for the following roadway improvements: 7 A. Construct Old Boynton West Road between Military Trail and Lawrence Road as a four-lane divided roadway. No Certificate of Occupancy shall be issued for the Boynton Beach Mall for gross leasable space in excess of l,108,OOO square feet 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) modifies its Level of Service standard for the Regional Roadway network; 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 proposed change 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 proj ect 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 for gross leasable space in excess of 1,108,000 square feet until contracts have been let to construct to the following intersection configurations, including signalizations modifications as warranted by City, County or State criteria: A. Hypoluxo Road/Congress Avenue Northbound Southbound one right-turn lane two~through lanes /' one J.,.eft-turn lane one right-turn lane two through lanes one'left-turn lane ( l Eastbound Westbound one right-turn lane two through lanes two left-turn lanes one-right turn lane two through lanes two left-turn lanes 8 B, Northwest 22nd Avenue/Congress Avenue Northbound SOUthbOU~~ one right-turn lane one right-tu~'/ ane _ - 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 lane one left-turn lane one left-turn lane Eastbound Westbound one right/through lane one right/through lane one through lane one through lane -'~ left-turn lane one left-turn lane C/./ D. New Boynton Beach Boulevard/Congress Avenue Northbound Southbound one right-turn lane three through lanes two left-tur.n lanes one right-turn lane three through lanes two left-turn lanes 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 right-turn lane two left-turn lanes Eastbound Westbound F New Boynton Beach ~ ~~~hrough lanes ~'left-turn lane Boulevard/I-95 East one-right turn lane three through lanes Northbound Southbound one right-turn lane two left-turn lanes Not Applicable Eastbound C _ t:.Wd through lanes ( one left-turn lane Westbound one right-turn lane three through lanes 9 All configurations shall be constructed and permitted in accordance with City, County and State criteria. No Certificate of Occupancy shall be issued for the Boynton Beach Mall for gross leasable space in excess of 1,108,000 square feet 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 II Council II ) 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; or (ii) modifies the methodology utilized to calculate the adopted Level of Service; or (iii) modifies the method of calculating back9round traffic, such that if this Proposed Change were being reviewed under said modified policies none of the above 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. 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 Proposed Change. "kl c:' he ;t! 41 0/)/' I " 13. No additional building permits shall be issued two t~ years after the effective date of this Resolution 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 two years after the effective date of 10 this Resolution 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 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 City of Boynton Beach,and the Treasure Coast Regional Planning Council for the remainder of the development. BE IT FURTHER RESOLVED BY THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, AS FOLLOWS: 1. Any modifications or deviations from the approved plans or requirements of this Development Order shall be submitted to the Planning Director for a determination by the City Commission of the City of Boynton Beach as to whether the change constitutes a substantial 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 deviation at a public hearing after notice to the Applicant. 2. The City of Boynton Beach shall monitor the development of the project to ensure compliance with this Development Order. The City of Boynton Beach Planning Director 11 shall be the 1 'Jcal official assigned the responsibility for monitoring the development and enforcing the terms of the Development Order. The Planning Director may require periodic reports of the Applicant with regard to any item set forth in this Development Order. 3. The Applicant shall submit an annual report as required by Section 380.06 (18), Florida Statutes. The annual report shall be submitted on the anniversary date of the adoption of the Development Order and shall include the following: A. Any changes in the plan of development, or in the representations contained in the Application for Development Approval, or in the phasing for the reporting year and for the next year; B. A summary comparison of development activity proposed and actually conducted for the year; C. Undeveloped 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 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 the cormnitments specified in the Application for Development Approval and summarized in the Regional Planning Council Assessment Report for the development undertaken; F Any request for substantial deviation determination that was filed in the reporting year or is anticipated(to '$~filed during the next year; / \ "'- ("\ \ ~ ~ 12 G. An indication of a change, if any, in local government jurisdiction for any portion of the development since the Development Order was issued; H.. A list of significant local, State, and federal permits which have been obtained or which are pending by agency, type of permit, permit number, and purpose of each; I. The annual report shall be transmitted to the City of Boynton Beach, the Treasure Coast Regional Planning Council, the Florida Department of Community Affairs, the Florida Department of Environmental Protection, and such additional parties as may be appropriate or required by law; J A copy of any recorded notice of the adoption of a Development Order or the subsequent modification of an adopted Development Order that was recorded by the Developer pursuant to Subsection 380.06(15), Florida Statutes; and K, Any other information required by the City Commission of the City of Boynton Beach or the Planning Director to be included in the annual report. 4. The definitions found in Chapter 380, Florida Statutes shall apply to this Development Order. 5. The City of Boynton Beach hereby agrees that before December 31, 2010 the Boynton Beach Shopping Mall Development of Regional Impact shall not be subject to down zoning, unit density reduction, or intensity reduction, unless the City demonstrates that substantial changes in the conditions underlying the approval of the Development Order have occurred, or that the Development Order was based on substantially inaccurate information provided by the Developer, or that the change is clearly established by the City of Boynton Beach to be essential to the public health, safety, 13 or welfare. 6. This Development Order shall be binding upon the Applicant and it:s assignees or successors in interest. It is understood that any reference herein to any governmental agency shall be construed to mean any future instrumentality which may be created and designated as successor in interest to, or which otherwise possesses any of the powers and duties of any referenced government agency in existence on the effective date of this Development Order. 7. The approval granted by this Development Order is conditional and shall not be construed to obviate the duty of the Developer to comply with all other applicable local, State, and federal permitting requirements. 8. In the event that any portion or section of this Development Order is deemed to be invalid, illegal, or unconstitutional by a court of competent jurisdiction, such decision shall in no manner affect the remaining portions or sections of this Development Order, which shall remain in full force and effect. 9. 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 Treasure Coast Regional Planning Council, and Applicant. PASSED AND ADOPTED in a public hearing held on this the day of , 1996. City of Boynton Beach City Commission Mayor Vice Mayor 14 Attest: Commissioner Commissioner Commissioner City Clerk 56245 15 RESOLUTION NO. Amending prior Boynton Beach Mall DRI Development Orders Adopted November 16, 1982, December 19, 1989 and March 5, 1991 A Resolution of the City Commission of the City of Boynton Beach, Florida, making findings and conclusions of law pertaining to the Boynton Beach Mall, a Development of Regional Impact, and constituting this Resolution as a Development Order by the City of Boynton Beach in compliance with law; providing an effective date; and providing a termination date. WHEREAS, Boynton-JCP Associates, Ltd. ("Applicant") has had a Development Order (the "0riginal Development Order II ) approved by the Board of County Commissioners of Palm Beach County ("Resolution No. R-74-343) on May 7, 1974 which was adopted by the City on November 16, 1982; which permitted 1,108,000 square feet of gross leasable area; and WHEREAS, the Development Order was amended on December 19, 1989 and further amended on March 5, 1991 permitting 1,244,449 square feet of gross leasable area; and WHEREAS, Applicant has filed a Notice of Proposed Change to a previously approved Development of Regional Impact ("Notice of Proposed Change II ) with the City of Boynton Beach, Florida, in accordance with Section 380.06, Florida Statutes; and WHEREAS, Applicant proposes to construct a total of 1,244,449 square feet of commercial retail gross leasable space on the real property whose legal description is set forth in Exhibit II A" and located in the City of Boynton Beach, Florida; and WHEREAS, the City Commission as the governing body of the Ci ty of Boynton Beach having jurisdiction, pursuant to Chapter 380, Florida Statutes, is authorized and empowered to consider Notices of Proposed Change to the current Development Order for Developments of Regional Impact and the City Commission has determined that the proposed change does not constitute a substantial deviation under Chapter 380, Florida Statutes; and WHEREAS, the City Commission on the 20th day of February, 1996, held a duly noticed public hearing on the Notice of Proposed Change and has heard and considered the testimony taken thereat; and WHEREAS, the Applicant shall submit a Site Plan which shall comply with all ordinances and requirements of the City; and WHEREAS, the City Commission has received and considered the recommendations of the Treasure Coast Regional Planning Council; and WHEREAS, the City Commission has made the following Findings of Fact and Conclusions of Law. FINDINGS OF FACT 1. The proposed Development is not in an Area of Critical State Concern designated pursuant to the provisions of Section 380.06, Florida Statutes; 2. The State of Florida has not adopted a land development plan applicable to the area in which the proposed Development is to be located; 3. The proposed Development is consistent with the report and recommendations of the Treasure Coast Regional Planning Council submitted pursuant to Section 380.06 (12), Florida Statutes; 2 4. The proposed Development is consistent local comprehensive plan, zoning and development regulations of the City. wi th the laws and 5. substantial Order. The Notice of Proposed Change does not constitute a deviation from the previously approved Development 6. The premises are correct and hereby accepted by the City. CONCLUSIONS OF LAW NOW, THEREFORE BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, in public meeting, duly constituted and assembled this 20th day of February, 1996, that the Development of Regional Impact Application for Amended Development Approval approved March 5, 1991 is hereby modified, by replacing the conditions, restrictions and limitations under the headings "CONCLUSIONS OF LAW" and "CONDITIONS OF DEVELOPMENT ORDER AS AMENDED" set forth in Resolution R91-37 with the following conditions, restrictions and limitations: Application for Development Approval 1. The Notice of Proposed Change by Boynton-JCP Associates, Ltd. is incorporated herein by reference and relied upon by the Parties in discharging their statutory duties under Chapter 380, Florida Statutes. The Applicant is Boynton-JCP Associates, Ltd. and shall hereafter include the successors and assigns of Boynton-JCP Associates, Ltd. Substantial compliance with the representations contained in the Notice of Proposed Change as modified by the terms and conditions herein is a condition of approval. For purposes of this condition, the Development Order 3 shall include those matters submitted in the Notice of Proposed Change to a previously approved Development of Regional Impact dated September 13, 1995 and revised December 1995. Commencement and Proqress of Development 2. Failure to initiate construction and physical development within two years from the effective date of this Resolution or failure to maintain reasonable progress toward completion of the development after having initiated construction in a timely manner, may constitute a substantial deviation and the development shall be submitted 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 evidence of a structure (other than a mobile home) on a site, such as the pouring of slabs or footings or any work beyond the stage of excavation or land clearing. Termination Date 3. This Development Order shall terminate on December 31, 2010 unless extended by the City Commission. Nothing herein shall limit or extinguish any vested rights of the Applicant, its successors or assigns regarding the existing square footage of gross leasable area of the existing Boynton Beach Mall. CONDITIONS OF DEVELOPMENT ORDER AS AMENDED 1. Except as specifically amended herein, all conditions specified in the Original 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. 4 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. 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. 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. 5. A landscaped buffer along the west boundary of the Pine Area and adj acent 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 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"). 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 5 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 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. 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 of ten square feet of vegetated littoral zone per linear foot of shoreline shall be established so that a least sixty 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 zone shall be in place prior to the issuance of a Certificate of Occupancy for any additional square footage to be constructed under this Development Order. 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. 8. No building permit shall be issued for construction of any additional square footage under this Amended Development Order, until the developer shall prepare 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, used, or generated on the 6 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 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. 9. No building permits for gross leasable space in excess of 1,108,000 square feet within the Boynton Beach Mall 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 further dedications are necessary to implement the Proposed Change. 10. No building permits shall be issued for the Boynton Beach Mall for gross leasable space in excess of 1,108,000 square feet until contracts have been let for the following roadway improvements: 7 A. Construct Old Boynton West Road between Military Trail and Lawrence Road as a four-lane divided roadway. No Certificate of Occupancy shall be issued for the Boynton Beach Mall for gross leasable space in excess of 1,108,000 square feet 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 IICouncilll) makes a change in its adopted Regional Comprehensive Policy Plan (hereinafter the IIPlanll) which does the following: (i) modifies its Level of Service standard for the Regional Roadway network; 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 proposed change 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 proj ect 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 for gross leasable space in excess of 1,108,000 square feet until contracts have been let to construct to the following intersection configurations, including signalizations 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 through lanes one left-turn lane one left-turn lane Eastbound Westbound one right-turn lane one-right turn lane two through lanes two through lanes two left-turn lanes two left-turn lanes 8 B. Northwest 22nd Avenue/Congress Avenue Northbound Southbound one right-turn lane one right-turn 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 lane one left-turn lane one left-turn lane Eastbound Westbound one right/through lane one right/through lane one through lane one through lane one left-turn lane 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 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 right-turn lane two left-turn lanes Eastbound Westbound one-right turn lane two through lanes three through lanes one left-turn lane F. New Boynton Beach Boulevard/I-95 East Northbound Southbound one right-turn lane two left-turn lanes Not Applicable Eastbound Westbound two through lanes one left-turn lane one right-turn lane three through lanes 9 All configurations shall be constructed and permitted in accordance with City, County and State criteria. No Certificate of Occupancy shall be issued for the Boynton Beach Mall for gross leasable space in excess of 1,108,000 square feet 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; 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 Proposed Change were being reviewed under said modified policies none of the above 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. 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 Proposed Change. 13. No additional building permits shall be issued two years after the effective date of this Resolution 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 two years after the effective date of 10 this Resolution 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 S~rvice 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 Boynton Beach,and the Treasure Coast Regional Planning Council for the remainder of the development. BE IT FURTHER RESOLVED BY THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, AS FOLLOWS: 1. Any modifications or deviations from the approved plans or requirements of this Development Order shall be submitted to the Planning Director for a determination by the City Commission of the City of Boynton Beach as to whether the change constitutes a substantial 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 deviation at a public hearing after notice to the Applicant. 2. The City of Boynton Beach shall monitor the development of the project to ensure compliance with this Development Order. The City of Boynton Beach Planning Director 11 shall be the local official assigned the responsibility for monitoring the development and enforcing the terms of the Development Order. The Planning Director may require periodic reports of the Applicant with regard to any item set forth in this Development Order. 3. The Applicant shall submit an annual report as required by Section 380.06 (18), Florida Statutes. The annual report shall be submitted on the anniversary date of the adoption of the Development Order and shall include the following: A. Any changes in the plan of development, or in the representations contained in the Application for Development Approval, or in the phasing for the reporting year and for the next year; B. A summary comparison of development activity proposed and actually conducted for the year; C. Undeveloped 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 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 the commitments specified in the Application for Development Approval and summarized in the Regional Planning Council Assessment Report for the development undertaken; F. Any request for substantial deviation determination that was filed in the reporting year or is anticipated to be filed during the next year; 12 G. An indication of a change, if any, in local government jurisdiction for any portion of the development since the Development Order was issued; H. A list of significant local, State, and federal permits which have been obtained or which are pending by agency, type of permit, permit number, and purpose of each; I. The annual report shall be transmitted to the City of Boynton Beach, the Treasure Coast Regional Planning Council, the Florida Department of Community Affairs, the Florida Department of Environmental Protection, and such additional parties as may be appropriate or required by law; J. A copy of any recorded notice of the adoption of a Development Order or the subsequent modification of an adopted Development Order that was recorded by the Developer pursuant to Subsection 380.06(15), Florida Statutes; and K. Any other information required by the City Commission of the City of Boynton Beach or the Planning Director to be included in the annual report. 4. The definitions found in Chapter 380, Florida Statutes shall apply to this Development Order. 5. The City of Boynton Beach hereby agrees that before December 31, 2010 the Boynton Beach Shopping Mall Development of Regional Impact shall not be subject to down zoning, unit density reduction, or intensity reduction, unless the City demonstrates that substantial changes in the conditions underlying the approval of the Development Order have occurred, or that the Development Order was based on substantially inaccurate information provided by the Developer, or that the change is clearly established by the City of Boynton Beach to be essential to the public health, safety, 13 or welfare. 6. This Development Order shall be binding upon the Applicant and its assignees or successors in interest. It is understood that any reference herein to any governmental agency shall be construed to mean any future instrumentality which may be created and designated as successor in interest to, or which otherwise possesses any of the powers and duties of any referenced government agency in existence on the effective date of this Development Order. 7. The approval granted by this Development Order is conditional and shall not be construed to obviate the duty of the Developer to comply with all other applicable local, State, and federal permitting requirements. 8. In the event that any portion or section of this Development Order is deemed to be invalid, illegal, or unconstitutional by a court of competent jurisdiction, such decision shall in no manner affect the remaining portions or sections of this Development Order, which shall remain in full force and effect. 9. 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 Treasure Coast Regional Planning Council, and Applicant. PASSED AND ADOPTED in a public hearing held on this the day of , 1996. City of Boynton Beach City Commission Mayor Vice Mayor 14 Commissioner Commissioner Commissioner Attest: City Clerk 56245 15 EXHIBIT "A" BOYNTON DEACIf HALL 116.364 ACRES ^ tract of ~ancl loaated - In Seat'lon 19, Town.hlp. 45 South, Ranqe 4 J Ea. t, County of Pal.. Beaah, l"lor Ida and further described A8 fol1o~81 .' . Beqtnh!nq At,the Southeast cornor at soction 1', T45 8, R412, thence N 00 - 59' J, M W alonq the Eas t line ot s'ald' Sectlon 19, A distAnce- ot 1098.10 teet to 'A point, thence S 89- ,00' 21" H, A diatAnce ot 60.00 teet to A point on the we.toE.ly right-ot-wIlY line of Congress ^venue, sAid point A1IO boLnq the pr inc 1 pa 1 po Ln t. And place at be<<]lnn Lng ot tho tol1owlnq descrlptlbnl " Thence S 88- OS' 26M H, A dietanoe of 846.73 toot to . polnt, thence S 43. 32' 54N W, A distance ot 57.02 teet to . point, thence s 00.59' 39" E, A dIstance ot 258.27'teet,.to A polnt. thence S 16- 46144.2" E, A dlatAnce of 199.60 teet t.o A poLnt, thence S 00. 59'. 3911 E, A distance 'ot 102.20 leet to A point, thence S ..... ..lil J.... E, a distAnce of 14.4~ teet to a poInt on the northerly right-at-way lIne of Doynton We.t Road (formerly old Doynton Road), thence N 89- 461 J4M H, along saId j10rtherly lIne, a dIstAnce of 1684.25 feet to A point" t h once H 00 · 511 51 M Ii, A d 1 s tAn ceo f 1228. 0 5 to e t t.o' A poInt, thence N 81. 58' 21" E, A distance of 52.3. teot to a polnt, thence 221.77 teet AlonC] A' curve to tho 1.ft, having a radius at 145.00 toet and a chord at 205.06 teet, bearlnq " 42- 50' 21M E, to ~ polnt, thence H 2' 01' 39" H, & .dlatance at 23.67 teet to a point, thence 1]4.54 teet alon9 A curve to the right, havinq A radIus of 2.0.00 teet and. chord at 132.18 foet, beArIng <<1.' 01' 53.5" E to A point, thonce 234.57 teet along A curve to the lelt, . havinq A ,adiu. ot J20.00 feet and ,4 chord at 229.36 teet, bearing N 9' OS' 26" Eta a po 1 n t) the n c e N 11' .5 .. ' 34M W , A d 18 tan c. 0 t 70. 00 feet to A point, th~nce 294.96 teet, A10n9 a, curve to the d,qht, havinq, A radiu8 of 325.00 teet And A chord at 28L94 teet, bear ing N 1.( -0 05 I, 26" E to A poInt, thence 293.22 teot Along a curve to the loft, having A radIus' of 420.00 teet And a chord at 281.30 feet, bearLng tI 20- 051 26" E to A point, thence H 00' OS' 26" E, a distance at 1.S.00 teet to a point, 'thence N 88. 05' 26" E, a dl:s tance of 1738.91 teet to A point, thence S 00' 59' 39. 2, a distance at 412.86 teot to A point, thence HOD' OS' 26"2, a distance of 328.87 teet to A po in t on the Wes ter ly 1ina at Cong .t'es s Avenue, th'enco 8 00- ,5~".. ~9"~.f al~.ng saId Westerly. ~~n~,. a. d.1stance ol 130.01 teet to A point, thence H 46' 27' 06" Ht A distAnce ot 56.11 teet to A point, thence S 80' 05' 26M W, a distance of 430.00 feet to A point, the~ce S 00. 591 3'" E, A dIstAnce ot 609.9' toet to A point, thence N 80. 05' 26M E, A dlatance at .30.00 teet to' A point, thence H .U. J2' 5." ,E, a dl:stAnoe at 51.02 toot to A point on the WQater1y line of Conqress ^venuel thence S OO~ 591 J9" B,'Along saId Weaterly line, A distance ot 110.01 feet to a point, thence N 46- 271 06- W, a distanco at 56~11 foet to A point, thence S 80' OS' 26- W, a dlat.lJQce at. 608.00 feet to A point, thence S 00' 59' 39" E, A dtatanco at 230.00 teot to A poln~, thenco H 80- 051 26" E, A dIstance ot 340.00 feet to A poLnt, thence S 00' 59' J9N E, A dIstAnce of 150.00 feet to A polnt, thence S 00- 05' 26~ W, A dIstAnce at 340.00 feet to A point, thence S 00. 5~' 39M E, a dIatance ot 229.99 feet to a point, thence H 80-'05' 26- E, A dietance ot 60B.00 toet to A point' thence H 43- 321.5.(" E, A dIstance at. 51.0'2 taat. to A point. on l:he Wa.etecly. ~lna ot Congce.. Avenue, thonpa S 00 591 J~" E, along ..id Waat.arly 11ne, a &11atanae o( 130.01 teet to ~he p~lnoipa1 point And plAOO ot beginning And contAIning 101~7S aores at land, more or lees. AND , . . ^ parcIl 01 land lyinq In Slatioft 19, Town.hlp 45 SoutK..Ran9' tJ. Ca.t. 'al. 8.ach County. rlo~ld., beJnq MOr. partlcularlv d.acrlb.d II {allow.. COlNune. at the nntar oC' Section 19. thence N O' h.f 51- W, a1on9 . the North South l/t Section Un. aC uid Station, a dhtane. ot :U.OO Cut, th.ne. " uo se' 21- t, a .dhtanc. ot 20.00 (e.t to the principal point and pllC. at beqlnnlnq o{ the (0110wlnq de~crlptionl Thence continuinq U 87. sa' 21- e a dhtance oC 20.01 Cut to a point, thene. ., O' 51' SINH. alon9 a 11n. 40.00 Ce.t E..t 01 and paraUol \.lith uid Horth South lIt Section 11n., .l diltance o{ 1191.13 t.et to a point on the South rtqht-ot-way lln. oC Boynton C~nal, thence H 80.05' 2611 E. alon9 said South rlqht-of-wav lln.. a diatance at 431.99 te.t to . point, thence 5 O. OS' 26- W...~ diatance oC 145.00 C..t'to . point, th.nc. 293.22 C.et a10n9 an arG to the riqht. having a radlu. oC 410.00 (a.t Ind . chord oC 281.30 t.at b..rlnq S 10. OS' 26- W, th.nce 294.96 ta~. a10nll ... an arc to tho'l.Ct h.vlng a radiu. oC 325.00 te.t Ind a chord 01 204.94 c..t. baadnq':S U. OS' 26- H, thene. :I 1L. 54' Jt- E. a diatlnc. o{ 70.00 Cut to a point. th.nc. 234.51 Cut, a10nCJ an arc to the riqht. hlvlnq . radlua ot 330.00 Ce.t and . cho~d ot 229.J6 t..t b.a~tng S 9- 05' 26M W, thence IJ4.54 C.et, 610n9 an arc to, the laCt havin., a ra'Hu. at 140.00 t..t and a chocd 01 132.18 C..t, baarinq 5 14- 01' 53" H, thence S 02- 01' JVa E, a dhtane. at 23.61 Cut to . point, th.nc. 221.71 (ut, a1on9 an arc to the right having a radiu. ot 145.00 t.et and . cho~d 01 . 20,.06 c..t. bearinq S 42. 58' 21- H,. thane. 5 87. sa' 21" W, . dJ..~l.nG. ot 12.34 C.et to a point. thence H O. 51' 5l.... W . diatanee oC ~5.00 Ca.t to the point ot beginning and contain'nll 8~61~ acr.. of l.nd mora or 10'., I . 2161~~!f~?~~l.r.~.!,! ~( ~I ._, "7.?"';1lr"'~r.:l."t4~.t ..~~ '., .'1 , .', I TOLD HQTS . 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