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 ~:'" ':,.. I,:, ;, "~, ':;i;~.,,"."~ . : t;':~~~t~~f~~~If:~4f~~'~;~~~:{~~t,:,;I~~~~f'f;.,:.~"..~ ~I,;,:;\':'.r:t~ '~r,:~':.f;'f 0 '
'(.' ~\~ ;,,' ,.,. ':,\ \ " .. ..'." '.,.," .' '~',' "'i', ,'., ~ .' ';'" ,'.: ,:, ,)'" ,~' ,; ~,. " '.~,'" ......t.l,.!);.'#'l,.'::),I~~~A,~ II :' .,;
, ~';o, : ",' :~" ... '".~: ',i," ,,',7":..~.'. ,/.,....~,\'.;'.".:,:~:'~~":,:':;...;.~..i~~.~l,' ;~,: .,...~.\\-.:'.{.. :#;:,..::~!:":~'
.... " " "",'," , " .", ;';"'. ,~7':':'. " ~i~'':' "(i"(~';' ~~" '\ i1'
.' '.' ...., ,', ',a"~"l"f ...~ ":1'
.-~ '.7-:- :.' "~~"; . . · '. ~ ; ,~.:.._-
.' ---.,~._,:"..':,',--'~,~_.;.,.. ..~:.-._~._='
'w_'" J'. ---q \
. ','"..,. "~ t, ' , - ------...'...
,.",.. ."'.!L:.. ..,
,/
6'NJ'l:f~H
~---~-~'..
...-.- ,--- ..~
~
..'
)
;
;
.' .
, ,
... t~"
'30HNV'^'
, "
:fJ' a ·
'e,t'
;~' ~
'; i' ~
, 'J '
.." . <';;:',: ~, .'
. ,
, ,: 'l,'C,,(
.
"=
,.:
1:
,.
""
..
...
...
t'.
~;x)G
'.
"
,1i~~
'"
',;
'~\
.t'
t/,~ ~~'1"" ~
,r-'---
'*
..
I
'" - - I,~.
1- a-96 la~lO
i,OBBARTOLO aQ,TS.
, .
'"
~
. '.\:
! '
.~
"
........... -
~','...~'
~-,.. ,'.
" ' ' ' '
.'~._.......
,
_ ~_>_.~_ .--c-~. -"--~ --:-:
\'
..
: \
','
;,.
" ~
!:. ...
,
~ ':
, -'
I..', :' I. : ~ f:."
,\ '" I
,,'
" '
~,
,. '
..
. ..
. ,
,
'l :'.":',
~, '.r
:& .,
,.
; "';-
"
"
, 1, l ..
.', ~ :~. ~ ; '... ~.
,- ,.',
. ..:J.',:...
\. ,'fof."
..:","',,\ .
\
)
J
,)
t
\
n
?
j
\
)
, '
oM,' . .
.;,'1".,::': ):~. ' ~I:: }: \",
:, ..:,;.:..'" . ':." .. . " "
.;~e'l.f';~) '.~.,i,.,:",. ".:'
. "...'.
'1'
, " j:",
f~'"
'~,~~:
. ~ . ..,
,. '
,;
. ."""
"
;.
"
. .. ...~' ;t,
,'.
.~\ ; ,:' ..
,'\ .
.. ,,'~
. I ..;.
........
. ..
,~
"", : '/"; :'
~' .
.."
~
I"
.' ~ . :. ~', .
-,
.,~..\.' ; .
", ..
.: ~
. . ..\ ,.
I '
. ::. ~ t,
" .... ~ ....:..,. .
'..... ... \; ;, '~> , :.
t' ....
'l..I.!;J ,...--
'..'~
If!"':
:.':. ;
" ,;.,
....J.
~'f
. ..~-. ~.:
..:-0...,....
.,.'
~. '- ,
, ..
......
"I
~ :.. :
," ..'
'. .
.'
,.
t. ;> ,..' ",'
, " ' ':.'.., ,. ,:~' ", ~ '.' ::: " ','
~.,~~.~
. .' . . . "
.~ .
"
\'
" ~
'.
, "..1"d~'VJ
"~' ,,-_...:-
. ' .
,......-- ' "
.......#......~.",..
--
-~--
.~
, '
',~\
,-
~ ','
"
, "
,}:
. .
",
.'
\
, '{
'\
't'"
.. 0' ..
tit';" ".
'O~ 8
..,... 0....
it ~ q
'"
" .
..;.; :i
J~~ 5
....
.. '
:~, .
"
~t,.t' ,.,'
~.
...., ~.", '
. "''0.(,,,,' : "
.. '. ~ ",....,...'~ ':""'
. .' f. .
",:, ;~~~:i..~"O'
. .It.. ' .
-~~':-::":--
1 ';~. ,:, ,,'
;';'rf.~ .
........ ,'"
:' 1
1. !
~ :: ....4
.,
.0., .., \'1 ~".'
,,: \.,'.....
. ) .. ..., . .
.:-..
. ,
.~l'
. ,~. '
, t : I' :".", ,.,
, :. "'......'<t '
f .. ,,.r t'loo:
':...
, ~
~ I'
;48L'"''
, '
, ,
":1" ~'\
.::~ ,~; '- :
('~ ; ."
" "~'9'~"
" \l.o
',' '%
',' '. '
. '0 '
, ". .
'~ ~ ~
i'i"c:
I
, ..
'.at
~
r:: ,t
,~
.....'..
" '/I"
, "
. ,
, 'I
'...
. '\
./' ..
"
.. .'"
I"
, .
. '
..... .
. '
" '.
. "
"
:'"
~'..
~
:. ..
.. '
.'
:~. f to.',
:' \"
:.., : .!
, '
. ~",..':.'
.,,,.
. :": ",\ .
,.{ '. ,r"
.;
,'!' ;)OQ
, , .
'. 0' ~
. :.,' ,:, I,
.: .1.; ,;:: .~. ,.
: .
.. \ ~ . ". 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. Conahan
Enclosures
A Registered Limited Liability Partnership Including Professional Associations
..-..
~~"''''''~~''.~~'I-' ......~' -'..---
c....e....a8.~.E..O~..~~.
.i~ou~i~~~~1&&o~!~!!5f...t -_~
. . a.ee-'=C.. ,.,,11(,)0. ~ e-. A.. -..
~_~~A~~ __mc_,.,.__g..o i- uO'~
'.-.10.'u~~Ei~. ~-~.-o~~~~. ~&-
.... 0 =--,.g o~. E c.lJ:iS"" u ...,,- O"GC= ... m'fi";
::-!~~-"'5~:u..ll.c~u..~ = z.-
-~..o ..0 .....S....v..!EEu ~ o.
IlIQ.C", ___I_a. .... ..... :10_ _ CDI
a..o_ao..a oe m_-...~.o~E...-: - ...
~ e.s.~. acc~o .C:C~=-~. ~ ~e~
.!:!: ~=e;:!; "'~ s" gE g=ll: :.g :i~o:..
:"c:>-I-..o=.5""~oii'u..-:.c:.5~ _",f5CD.'"
_.-,4~" coc:Oo~~ og:~~.~vz~~.-:...
.! CJI:'O - I J a_:: ID ca 1-3 g = ~ ... 0 . ::--. : Z Co) 0 ~.:
S.;i~ic:=~~~~~c,.,.li::~3!!:=t=~~
=8::E~i~5i=!S:i&E5i5as~~iuu~:
~"'b""" .'
, --.,....,. . '~""""'- -- ", ~.. -~
---,
o~o303o3o!:wj.~.~.~.~...t.~.w.~.o0l01~o ~~~a~ e;~~~i~o:~~:~:~~.~3ii.~:::::~llo~~~~:::~i~o~~~~:
~ g ~ i ~: 3 i 3.:;:i. :S~ :iD=i,.=i.:i.::ia Si. :iD:;..S ~ t:. ~ g:. . g: E. h,.gcn.!: 0 ~ 01 ;..::~ ~:i-: S!,i.: !7a:-.~ -- ~ f!~;;:;:.!.c:- -: g-~~;.. ~:.!:
:_C:_:=i_:o.C?.. o.~.".ft.".N.C').N.IIt).=COlC-C! .,1Ift 0.- Ie. .c::!!!g ~-tQi mOt,O-" ~-v-: _N-iN:cgg-o ,;C-- . :cg~lOo ,;C---......c
~~~~~~~~~_!~!~~~~~~!~!~~~~~~~~~.!~:~~~~~ .~.D~eSu ~~:~~_~~ d.!~:::c~~i..~~~d~.~.u.~~~gd~N~.U~~.....~!
-.;;~.5::;.5::g.5:a.5 tI"'-.!N_aa~8oolOo0 U'lcrtOoC'? ---.!! .s~_ ,.5..... O":-C");". '0 ZNOO -~-g~ .=~~8C"J -N"- .:r- a. 0" -NN_ ..:g-. CJiN"!....
:~:&.&.&_&o~.8~_G~~:~o~.~~~~~bo~~..~~~~..~U5.a:~:Q~~~~~~- Ji~OoN~i-. ~o~~Eoc~~~~:CDb~~5."::ll!;o~~5~N~:~l~~~~~
_0. .... ~ eO"'IIDCDoOrJ) ..,C5IbCD'" .........:1"'.. '0-" -: -..e.- .. 0 -.u.J:-'- at... -- -.&:.-0') -- - ...,.~-
~.~:~:~:~.o~:OZ~0G0"Ze0-~M0~zgz~~~ ..S~~~~;~:~. -=-a3~~c5 j~~..u;~g~!ft.-.SooOG_.J.~.S~o=~:_l.o~~
~~~:~:~:~!:.~~~i3~3~:;3~~~3i~~~~.~~~-~-~~:~w;~ .-:~i~~~; ~~5~i~:.~~j~3~g~;~-:]~~~og~J~ ~i1~g~~~
o_l:Q.(").~."'.=u"CI c;.c.~.c.~.c.c.c:.c.; C")=:Aat._..;.o....II")~.!" ::'S:8-=co Q..,. o.!!_.._. .t'-.I: c:..!.;;~.GIi.o:...!.",gU)C"). ..!c:5_
~ :~.!o,.!~.!N~~iiio:~.! ~Jg,!:.: g: g: ~J il ~ c:.. ~-lil.r..r:i~ ..)- Ie. ~:gzo'i.: ~ :::5~:.~o:m8-!'o~ ~- ~ :!u.ft~~_=g_ ie u a-s8.!-.;;;;
~: ~g~:", g~ N,!=;. ;.;~.;;.;~....!:;.:! ~~ ;~;_;.; ~ ~~ !o~. ~.: = - &';-J_q_ut ~ S. -S-';:g,g.u &.~~:S. ~oto:S .~~:; CJi- -! 3s~~~ ~ ~CII'; !I-€ r; s ~~ j:o ~ 01
~;~~8g~~:~:i~g~~~~~;;~~~~t~~~t~~~~~&:g~i1, A~i~i;I:~tg:g~ri:~~~:~~~:~~gl~ijal::2=:~~I~~~:~~:~~~~~
Zion co..cnUJ z~ z"'~ c..:! A. A. A.. ca.. a.. a.. A. A. Q.. Q;.UO~'" a.....!!~. C;:;!XU ~a.ID_=5:! a..a .....iN o~ oU')~ A=ZU>.! Q,. a. _.5 ...:5. ONN .. a._oS ...D= - 0 _Il)U,I..
CJii.::i.!!..~E.-a.aOc.:.&"I....s:'aC:"...c!Zii'a= .2..L.< -~u..co':' ..~."o-.co'C'C. ..~.ui.: Sui.w-":'.':: ..~Sw....,..:.~at.>...:..;.
!==~i:12~:l:~iQ.~~::i:2 3!!"'ai:liA ~ .:i.i~r~>o~._:.i.:.';Vt:l&: ~!: s: S:.= s: S~;~::s: .~S.!':.!.!.2: S.!':.!.!.2.!~
Wo ~ ~: ~;: :: i 2l i ~o m.~ iii=.:.c :; ii !i i:... : .!;.~. . "i.,' oj~.. J:~;;.C:;l i i.~.:'.~~ J.:~_:! ~;; .. ~ ..~ :;....~:;; ...~;..a :;::;! g t:~:;::~:;~ ~8... ~~: j':; ~oo~ ~~~ i
.~ oozu",c.. CDo=l: Q.:' .. - .c -z '"U.- _.... .u-c~ '" . "'-- .. 10010,.. -~ .- N'..,
g~g~;ei~:iBi ~1~;!.3!i5~;~;i~!!~5~~t_12j~~~'~:1:k~~s~i~.~~~~:~~g:~~g~;~j~~:~~o~~~~;:g~~~;;~~~~~
~z ~ ~ E~ 8~.: !~~-5.! ..; ;'5:i:~';o$ .s'~- ~%:.5 . B~. ~ tr9:;~ii!:~!z,;'. -8-;~ :.:f~;:~cn:utoG)SUl: 'i D .!'z~i~~:: . SO~lllz~ .2 ~'oo . ~
o~~~8g~:~~;j~1Il:=~f~!~i=..E~igc~i~!i~.:~~o.2~~o~~w~J.i:=GJ~~!!=~...:'..co~~~~o33g:~~:oi:~:~oiog.!!~~~og.:!~~g.~
z 00 ..c:-u -._ .ou-. ---"-"ft) .- III' t-..,u"C: ...... co.,- at c.c..c:c.oc:.- ....oc..c. :tvj c:. -;;0 ~
~w;~~~ CJi.::i c c: c: g~:I~io~i..:~ is:s; 3.15~' o-jii~~ 0-- !:;-05:'c:o.o;:.; ~ g-c:o': g~ ~~~= 35.~; :g5r35 g:,g= ~ :>>:':5 g= ~ !~~5 ~
~ uu ~ c -::: a:l 0 S S ! ..'V ~... IC~ g .: 0.0 _ . . ~. OLLO. . . :, ;,;at;.... ,.1....,; g": 3 . . ...Do.i u . ~.! ....! "';5':: c....:! 0 = '=:0 c _..3 c.! ... 01-. c ....! ... 0,11 II c: ~- CI
.... t= >0 ~ g ~ -: ;. ;.a..2: ::::ou-" .'~~::U~= ~s... -&al"'-~:Aft c.g-AD~__.~:'c.o:!; :.o-a 0 i u i:.!'C.!!c...5 .s'C.!!'C >olt'ii,!'C..!!o..!! e c .g =c.!! C c 'a ='C c
o c>-t:...... 0 .0- 0 o~_.:. 0 ..= >01 c.l: ';c'. . e.'C . ==_ . i,.III; ~"O'. .:0 Q).~.-.r.2 ....ac: c'O,.!! a = c,'O.'O;Q;."a~.....t A.!...o. Uo s.o. .....!!o.1:J..a.~ '0.9.0 c .0: 'a "0.2 o'C=- '0-.2-
z z:u ~:x . A.N Em m a..! AID"..:.A 0 . J; u;; 'U "'~.:u o.5t"').. ::. ,:;Z!I ".... iC ;:ca.Sa,uc.cn-=.:l 0 U . .~:! Q... a.. G.&I.I _ "a Q.. Q, '): a:aS 'a Q,.,.. ~..5 ...a Go II 0...5 ..a-o. G
. "~l:ii. -::- ~ : . .
J
\
,,'
\
~
o
~
::r:
u
~
w
CO
~
~
w
::r:
~
Cll
"0
'C
o
:i:
>>i-
CllC
"O::l
::0
::u
r/},..
::: ~
- :;
;'.:0
~a
5~
--
~ .
,....c
-:r.u
.~ Cll
-0
.g:o
:"'c
~
z
o
-
~
U
-
...:l
~
o
~
~
o
~
o
o
cr:
~
"iii
u
~
...-l
...-l
::l
o:l
tIl
.r-i
l-l
..c::
U
I:
U
<
(zJ
<:0
O::E
2....::
q~
Li:::...
",-0
Or
fI.l~
::;:::J
:...0
1/)u
Q)tTl
~
o
J
~
e.xo
S-l
Cl.)
>>
1:
o
-5
::l
Cll
'0
o
C
'Q( -~
<i3
I-
<lJ
'0
C
::l
(1)
..c
(1)
I-
2
(1)
c::
..;
~
~
i-
c
::l
o
U
.s:::
u
Cll
v
:0
E
'@
0..
Q)
.s u
..c .r-i
u+J
ro 0
~:z
E
'@
0..
.s:::
u
Cll
v
c:)
E
~
(1)
~
o
...
r./l
o
~
Cll
'OD
C
'(ij
.0
'Oil
c
~
I- H
V 0::::
-6 Cl
Cll
....
o
~
o
U
'0
(1)
..c
u
~
...
Cll
(1)
-5
~
'0
V
..c
.~
:0
::l
0.
.~
(1)
..c
l-
V
0.
Cll
0.
r./l
:::
(1)
c
>.
Cll
'0
C
::l
r/}
'0
C
Cll
~~
'@ 'C
"0 0
Cll ~
.........
~
~
r./l
>>
Cll
r./l
,..
-
~
o
~
-5
,..
(3
o
..c:
:::
l-l
Q)
'0
l-l
o
o
~
Q)
:>
Q)
Cl
....
o
I-
(1)
-
~
E
(1)
.c
-
.5
.s
I-.
o
0.
Cll
0.
r./l
:::
v
C
"0
'@
r./l
.s
"0
v
.c
.~
:0
::l
0.
r./l
Cll
:::
t If)
::l
o
U
(1)
.c
\0
0'\
0'\
~
.iE~-ff'E'E~
u llJ U CIl.s::: r./l 0
a'3..c~&~Ee-
CO~tSe::8[
E2.L:_ Cll o.v
-o'tJcvl-..s:::
&: Q) s: l1..s::: 0 ...
... '- CIl 'tl ~ C I-.
r./l llJ ~'i 0'02
V.s:::"IIC'-'O
:::r./ls::.s.S!~c
... ] ::s -... I-. ..2
Cll (I).s:: Cll v (1)
"0 ,-"g.5:l.s::: I-.
<UllJ 1lI-.o==I-.
.s::: 0. s:: G V 0
.!!lCllalm::lC
:c~~e=(/Js
::l ::: CIl- (/J Cll 'Cii
o.v"lcE.s::: (/J
~Cti.v]'E
o.'O:5!o.s:::.........E
Cll - I- ~ .... V
o.~o 'OD.s:::8
~llJ~E.s(/J
~..c >.C1'E~~
c"'cSa:l-5.o
Cllr.;::SOl-(/J~
r./l..co...o.>>
-"'OIl...Cll
Cii'O.s::8.~~
ocuuco
0.. as aI.s::: I-..s:::
<U U... Cll ....
.s::: Cll en..... v I-.
r- '0 E as >>..2
"'C.t:-tlU.....
"@Bcs...cC
r./l",-o..Gj~~
o .:gS 0:::;
.c>>CIl_'OCll
.......-0"0
...CeCllt:C
Cll::l_l: as
-58-g';;~...
~..c:-;';~5
Cllu_tioE
r./l Cll .0 " ....
I-. <U ::l" v
~CCo.o~.!!l
t E~~t:~
::l_(I)IlO;-
.... Cll ::"'~'t:l
... 0.. 0 III as
C '0 :: "0 >>....
Cll_CUCO
e~c!!;J2
<.58E88
l-l
co
::l
l-l
.Q
Q)
t:t.o
....
o
(/)
<U
::l
r./l
,~
o
-5
~
...:
<U
0.
Cll
0.
(/)
:::
o
i:
32'~~
Cll
r./l
V
.c -.
...
C
i:
C :8
::l Cll
8 .~
.!!l:O
'0 ;J
>>0.
~.3
.~ C
<U
~ E
5 ~
e- .-
o t
u 0
I- ;-
o-g
E .~
=-5
C 'OD
o i:
r./l 'C
~ ;J
0. U
>> ~
c....
Cll 0
~I
(j)
-
(
Cl~
<-f-:2
.~
:0
::l
0..
C
Cll
...
o
Z
C
o
...
C
::i
u
:E
:E
C
llJ
I-.
Cll
:::::
..
~
Cll
U
g
C
iIJ
:Sl
>.
~
co
::l
l-l
.Q
Q)
t:t.o
~
--->
'0)<
>> '
~ (
1.0
I~--
-~
(/J
.:2
...
'0
iIJ
~ h~\ ~]
. I~ ~ ~ ~ ~-j :1 ~
.- ..,. ...... i X C
~2. ~. \:~: \':, \:'~ \ ~ ~
~~~fi~ " ! ~
o '';. 'd.;" .. = '0
~ r) ~ _' ~
E \ f-. . 0
o :") (/)
~ -":----. E
....
o
<I.J
C.
~
-~
r-
:'~l
i ~.=:::~i
I :-::::::o!
1:-.::-.::::;
" ,-'.
:.1
1
1~-)
o~
%0-
<\.1.1
t:lC
:<:t:l
zZ
z-
<z
......10
Q.,N
.... I _".e.r1..- U'.':' - :.c.--.. 0 .., __-0 ~-,.." U,I oc-vc .--'.. " 0
~o.>:':'::s. .. 0.=: ~..~Ooo-'i:::~.!!c.!!.&:gc: 1&1 111060 ~8~~.!!5 0. ~
: .... : .,C_ : fl'!.~..!=-_.: :1:-~.! fi c::z i -o'!.i:.. ! ~
~.('lI~g~ClIa"j-- .,..~g=eR..J-o.!....r:g!- ...~.s"o .: .:)0 .:g~."o 0. .-
n~~~o~N.:u.~~~~ooft.:~~.~~!~~ft~o~_i ~ .... ~Aa~S. su!
OM"'NCD" .. ....8......NN.. .. -ClN...... "0": -: - . ~ Ec. d..5_ c: 0 ..
~O~.~N~.j"c:- ~.eN~;i~cO"~J_N:p--~"e ~C.-~ Z.cc:.~~ ~s.
J~N=__ ~Jii;aN5~_O!~iim=.-__ ~!~oi~ ~~f1:1 ~;1!.~:;~:
A_.3oobo__J.......soo.:__..o.uSoo~:._~.5 -Ct-co~uc.s~go...
~ogu~'EflltG!i:....~oge.'ECD .i:-:,gsi2!'!". ~V)IftGl~.c;Qc:o.c~ .;....2ua~S:.
;.:~~j0~.8:J~:.i~~~.8-:J==.~~.~=c:J:J!jz-! i~.si~~:~:~s
~~-;~u~:=~;~;-;!Uo:= .;:i~i!~.:o~ooo~~0~::~~~Soi:~:~i~~
~-~o..SUO~~~.~a.~SuO~~~v-G..su.u._c ~0C~O-~~- ~mb~~2z:
~~~j~~~~;=~~~~lo~ii;=~~~&Joli=g.=g~I~~~8~~~!ii!!c.~t:~~
~.B.~.~5.0NN.G.Se~=.O~~W..~.A=~=~~~EUO~~o.G~~~~~=~c;.a
~-~.g~..~S~..:.i.i..=.;..~.i.i.~>.;..>~;~~.wB~S~~00~O~
~~~c~.!:.: !~~~~s: 3~~~~S~J~~s:s~:!!S!:_.ovo:.ft.~...:.;
~.j ~~!.~~". =oow~. iOm~ =8~.:; ~c.w =J~~~-=~o~~~~gDg5
;J.~grD"'~~" tnia.!J::1C!'O:. .!:;.,.C!...."':G.!." - .Ii~~: =:. ;O.UI...,..."'CCO,...~:~.!_
- >0 0" -011) . U)...;__ ."COfli . 00.:- "Ct4.,.iG .-g. .. .oca'OCOfoCD"'_O. ~
~~~c~~J~~~ ~~~~oNo~~J.~~~5"~. Oi.N=N~. .--~-.eONem~ .uo ~
~::S :ocoi~g~fDHN-::ioN~- _~:~N :":~::N=::lnN:52g~~o:~fJ)~z:.1: i.... Q, ~
J)-oa:l>ozc::..z......wt.SOOIl1Zfl SO.oo .!OOIlOZ.... 0000 S"',.:U)taoC!z-.-o.-o~c~.. ~
_~ -:. u_ 0 _.. · G .- 0 - -CIIN" U u,.. ",0 ("f"')
~o.o~g~:~oiOi~!!~3Qi:~~:g!~~G3ig::~~~!:w~o:30i~:35~~~:
c.= _..o~.~~ ~~o c:. ~~o .~vg c~-s~o .~~-oo c.~~~cc ft-. ~
= u -.2.:5 a_ - u- :: u _"5Z,: u:: u .'5z~ U.'fiz eu:u.-aZ:5u;; o. Zo.V-.:!- oS 0 tt. ~.!
::ig~-...c:u=i.:: .- 13-i .- D.... 5:." Q .!'!g. ~c_~-'=.!!_:D~_ C':3
i:!c ";;~';-;i~!~:. .-2'Ei~:. -!".gr-. Eifi.;a. --!.:a.gzg :.gi-a".s"-a ;.'O!~ "t:J
:; 'O.o;~ ~ -~o" 0.1:1'0.2 a'g :'0'0'0.2 CI~:ii..2 Clog ttO"oS DI'g :.i.2;Dlu D..,C:O'a c.~~. a.&o..g ~
::L. _ a. J a:~~ 'Q Q..... ct..5..D Q". ~..5 1I.a-a...s.~ A. Q..S ..a Q.'.'~ .SS's-a...1II -u.!' .~o~~ ::1
o ~ ~-:E-~ ~ E= t:
.:::
:0
-
~
C
('J
'0
z
c
3
,...
:::J
u
:E
:E
,...
ti
'-
('J
::.:::
c
.S:
ro
u
s
-
,..
Qj
:g
'0
QJ
U
:l
'0 '0
0
'- QJ
0.. (.)
:l
.... '0
0 0
~, ....
0..
t::
.S:
t:: -'
~ (1l
U
0 S
c -'
.::.: t::
~ QJ
:g
Cij '-
C 0
0 QJ
<Jl
'- 0.
QJ ~
0..
-,
~i' ;
~J
_(0 ,:, \
~.. .-'
::;~:\
:_~ .~:\
'.
) ,.
u
z
-
Irl
o
~
~
~
....J
~
en ..c:::
ffi .... ~
i:l...~~
~c..e
en..c:::';i
~~i:l...
~~'ti
Z~~
=:r:.E~
u ~;;...
.(-~
UJ,g=:r:
~E-o
3
<C
c..
~
.~
a
en
-
Irl
t-
N \0
0
-
~
I
0
N
00
,-..
t-
o
q-
--
Q)
~
0
..c:::
i:l...
v
><
~
~
OIJ
~
.-
.~
....
....
~
;>
"'0
<C
~
~ ;;...
Cl ~
;;...;;...~
.;; ~ ~ ~
:=~"'O~
.o-~-g
rf~~~
~ >.
"'0 >. ~
~~'E
~ :E a
..c::: .... ~
E-o~en
>.
~
-g
::s
en
-
~
I:l{)
j
10
o
.-
o
;>
t::
-
ClI)
t::
:E
....
....
~
;>
"'0
-<
'l::$
~
0
0.
0
..-l
QJ ~
... 0'\
....
QJ 0'\
Q ..-l
H
0::: if)
Q
>.
= \0 ~
QJ '<:I' '<:I' nj
U .......... ::l
-.-I M if) ~
+> if) .0
0 N '<:I' QJ
Z N (I)- rz.,
-
~
ClI)
v
....J
N
co
if)
r-I
'<:I'
N
if)
l"'-
e
\0
co
..-l
~
:tt: 0 "'0
.-
.... .... ~ ~
~ Q.., ..c:::
::s 'C ::s .~
0 :tt: 0 ~ 0 :0
u ~ ~
u '0 v N 6:
-< < Cl ;;:j
<:0 '
. . 0":; c-
.- _ ":I g::. 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 . '.. ..,:," ;;;.......~,,;) :1..,' -'~ ";'!t.1:' "~tr.."I.'~l~\~'~~~I~~~; ~J~,j~I~::"H'!'.!' i~,:' .
o ; DEBAR . , .' " .. "',' . . tf- k F.~,,~t.~ i;~; ~ ~\';i .:~~~ :~,:',~::t ',;:.~ ~ ' .':" . :';"f:~ ~'..~ l{~'~: .i. \
. .,' .:. ..":,;. ::":~.:<~"~:ii;~;"':.!I.~!~~:~;1li.!ifk:';~~f~~:;':"rn:.~ii~:.f.~';''j:'~J,:~t:'~.",' 3..,\.1,;,:.1',:,: ""'5"-It;,: '.y~,: :.
'. .' ,.., '''''''''' '.,.<..' " ~.....>A "..'f'.",.'''__ . '''. ','w.,. . . ,_', . ,>1 ",'.,: ",' "k '" ..... '.' ') .
'. ,.:.' ...... . .' ...~.' ...~:,""......,.".,...... ."" ".." ''', ; .... '''~'l'- .,....jlT"; ."I:.'!' .'~ ~
\ -.. ';".., ..,... ,';.-., '~'" "':" ......\.>~."."...,l"..j'.;:' ,"~", '-'1')~J.'''"'-''''iJj ..~f;."rJ.l""."J" ,,'
: .' . '" ,';-"...' ':.,.'...,...'.:"......, .-.,,:',,!,; "" . .,~ ~'!"'. ,::..,..;, '''':'LJ*ln',ltg' .
. . ", <.:. .,.... .....,. . " .' ,.-,'. ,.' :\~~~~tI ", '. ,.,~.. . ""1"]', ,..,.. p....
'. '. '. ,. :~~ ,," '~'-. \: ;:;::~..,..{.:/..:~:.:.':.~ .:; ~il~"'l.,:.:, ,; "~)I<~:I..,h.i~~~:i\~I. '''1.
..' , . ~ .. . . , :.. :.: ":~ :.',:. : :>: : ';',i:.:: ... .:': ':g'
! '. ", '.' .1 ':8 -'. ~
. -~ -~... ~~~;. ~~. ,-l=
.... "~ ';..'~' ",~
/'
1- 8-96 16:
. '('<~?/;': ':::.:'{:;~:
---:.-- -
- --- -.
,--
~
....-..- ...--.-....
-........-.... .~.... ..,
-~......._.
r~--
b '
k.
.!!.:...
:.1--:;;'," ..
.....
........
~~
.{ :-.
.,.
-;.
" .
, .
. .. l~ ~ . . :
--{l
""
..
I'l
IV
'~ '
. . N
'. .~.
.l'ioc
'rn;1O
" ..;., ~1
, ....
I ";~" ,I .
: ,"'. it
.:; I. . . ,....
. "
. ':"'" "L:~Ve
.
-{)".
--
" . I
-<'
W'"
Q:o.
::)~
. ."
g lUe
a:: ~..c
I,J) ~.,.
,... ~!?
W I
':;
." 'f;.l
l'o,
till
".r ~~'1"" :t.
" - .l-';....-+
... 1& ...... .......
...........--........
b..----
.-..... ....-
---
-"
..i
..J
It :x>G
,Cl,;i?l
\
~~ ..\ I
1 ~
J--. :.
." .."
,
..
~
,
"-'
1- 8-96 16:10
i,DEBARTPLO HQTS.
I'
....
, .'
"
"
! '
. ',I:
-,
-~
..
".
i ~ ".~:
'~'l'
, 7.L....o.,..
.~."::'
.... . fI
.. .
~
.j
. ~.
I'
"';
~~
---"'-
---=.....:...-,. .....:-7 ...-...--
~_...-......~..._- .-....:-.
--rr"
II
.... 11-,
II ;', ....
--
'I ;
','
: I
, ~
..
fl.
'N: :1',
. .'
.! 't..'
'. .
. ,
'. ,
.! '"
oS ,'"
~. :,
:U} t
J
:'~I.'
J
)
)
...- . '.: :'.
oJ ~I i:,
J
.>
t
I
f]
.?' . .
. I . . :..~;a\ ~ I.,'.
~ :; ...;.? ~ ('0:."
?
1.1
\.
)
. 'f' . ~~:.
......
. '.
"
.' ~ '.: ..i. "
.-._..,..,1 ~
..... .
.}~;);~~,:::i~;,?~.:: ;,,;7:. .~",,: ~ : :.:',
. :,"..
....!:'" .
..:'
.. ,I' .
.f....
. -
.' I: :' ;.:' ,
, ~.:.
...", ....:.:... .
" ...... ':'M
,. . IN
-----.---:-~
.. "
.; '" 0'
., .
I;"
." ....
~
'0
...
\t.: ," ':.' r- /.~':,=::
. ~ ' ::: '~.~.::~~.: :
: " '. !....;
..t. .
,", .. '
, . ",' ..
tf1, :.' ,
.. .
'" .
"at)
'"
:. . '.0
~:' ~ '. ",
.:/',,:?..
"'!; ..' ''': .,"
::.' "
. . ~ "
~,,~..'..
:;'I'.f. ~"
':.~. . ,:; '~..
.",' ....
.,' ~f4; .rl"
":i' ~".
'. '0
.:. .'"
! " ~
" '
. . ....r '.
LiZ"," t'
I .
.." ,
, \
; .
----~
",
..
'.."
...."...............-..-...-~
','.
21676~3698i~ 91 9
:,I~,
. <V : .~'
,,:.:1.: . I"
~',' ,.
~ :~:~.... ::.
:'~.:/;~' .'
. ~
: .:' i
....
. ..
.....w
. .,
,t,:."
"
.".'
.'
~. ... .
, ~
.,.. .
r,
':. ...... ....~. .'
:... ".' '..;,' . ..
"
. .. :
; ,
~.~.
~
~ r
~
.' ---
,'V'N'i"J
,.~_..............
~
-~
-,
. ~.
. ~
.'
. .
.J:
d
I
l' ~ ..>'
I ~
~ .~.....::
19.'
a....,.'tIJ
I ,,-.
J
!"'a-1t'
tit';" .JI
~.... a
~~ 0'"
it tt oq
"..
. I I
(IJj j:~ g
t-
:n'9l~1 ',""
-:.." (';>-"?':.'
, .', ':~l(""': .
.: "",,,~,,~:~~:-
, 'l, ,~"J!)'~.. 0 ;
~ . '''!'' .
.. .,...",.~~....-.
1~,/: .'::.'
.;.
.i'
:!
. ..
III
"l
,.: . ~
'S:;
~. .' .
. .
~';)oQ
'to: :
;.1.... :....
..,'~ '
." .
.:
I , ;:,
" '..j . '.:....
"
. :.... .:~ I:
'. '..:\'. '.
,'..W...U
: :.:"
~4;C1711
'"
"
'. : .:
/:~'::~..:;':~~/; ,
,~"'6t
(8te
'. . '.
.;
. L. '.,
, C.l"lo:11 , '.
" ......~
.:', ":'. ..SL~~l'~
. "
:'.:~ : ".
. "" (
. "
". .... .-
: "
,..,', .