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CORRESPONDENCE hk ; "- URS Greiner ~)I1..) I- I ,;J!t ~ TX ( ( ukd' .~ ,--'~ I'-~ ~ NW Sf? :t .~I.({i t4'lf,(A v \'/l-,(.~- v .RS Greiner, Inc. PO. Box 31646 (33631-3416) 7650 W. Courtney Campbell Causeway Tampa, Florida 33607-1462 Telephone (813) 286-1711 Facsimile: (813) 287-8591 Offices in Principal Cities Nationwide March 5,1998 ,. ~9' '../8'., ~, ; J ,r . Ms. Tambri Heyden Director Planning and Zoning Department City of Boynton Beach 100 E. Boynton Beach Boulevard Boynton Beach, Florida 33425 I 1-... ~~~~W8E~1.D I i ---' Re: Boynton Beach Mall - Littoral Zone Planting Plan Dear Ms. Heyden: Per our conversation earlier this week, enclosed are copies ofTCRPC and SFWMD final approval letters for the above referenced plan. In accordance with Condition 6.B. of the Development Order, the planting is to be completed prior to issuance of certificates of occupancy for the expansion. The mall owner is aware of this requirement and has included the planting in the expansion project budget and schedule. If you have any questions regarding this part of the project please call me. Sincerely, URS Greiner, Inc. TAM:mm Enclosures xc: Tim Daly MM:M:\BOYNTON\CORRESPOIHEY _3 _5.98 treQlure ',j' co~t regional planniog council July 5, 1996 Mr. Thomas A. Marsicano Vice Resident Greiner, Inc. 7650 West Courtney Campbell Causeway Tampa, Florida 33607-1462 Subject: Boynton Beach Mall Littoral Zone Planting Plan ~ Dear~ Council has reviewed the proposed littoral zone planting plan for the Boynton Beach Mall Development of Regional Impact. Council believed the plan to be consistent with the intent of the development order, however issues raised by the South Florida Water Management District (SFWMD) needed to be resolved before Council could approve the plan. Based on the letter from the SFWMD dated June 21, 1996, Council believes the plan, with the modifications submitted on June 19, 1996 to the SFWMD, is consistent with the intent of the development order and approves the plan as modified. Please call me if you have any questions. Sincerely, Michael 1. Busha, AICP Executive Director MJB: jts cc: Denny Green, TCRPC Chairman Tambri Heyden, City of Boynton Beach Jim Golden, SFWMD Tom Beck, DCA 3228 s.w. martin downs blvd. suite 205 . p.o. box 1529 palm city, f10rlda 34990 phone (407) 221-4060 sc 269-4060 fax (4071 221-4067 South Florida \Vater Management District 3301 Gun Club Road, West Palm Beach, Florida 33406. (407) 686-8800. FL WATS 1-800-432-2045 LAN 01 June 21, 1996 Mr. Thomas A Marsicano Vice President Greiner, Inc. 7650 Courtney Campbell Causeway Tampa, FL 33607 ~ Dear MI. M~r3ic6I"1o: Subject: Boynton Beach Mall Substantial Deviation, DRI No. 88-289 littoral Zone Planting Plan South Florida Water Management District (SFWMD) staff have reviewed the modifications to the proposed littoral zone planting plan for the above-referenced project (submitted on June 19, 1996 in follow up to the comments in our June 7, 1996 letter). Review of the revised littoral zone planting plan indicates that the comments in our June 7, 1996 letter have been addressed. Consequently, the SFWMD has no objections to final approval of the proposed littoral zone planting plan. If I can be of further assistance, please do not hesitate to contact me at (561) 687- 6862. Sincerely, ~ James J. Golden, AICP Senior Planner Regulation Department /jjg c: Jim Snyder, TCRPC Tambri Heyden, City of Boynton Beach Governing Board: Valerie Boyd, Chairman Frank Williamson, Jr., Vice Chairman \Villiam E. Graham William Hammond Betsv Krant Richard A. Machek Eugene K. Pettis Nathaniel P. Reed Miriam Singer Samuel E. Poole 1\1, Executive Director Michael Slayton, Deputy Executive Director Mailing Address: P.O. Box 24680, West Palm Beach, FL 33416-4680 treQlure co~t regional planniQg council January 17, 1996 Ms. Tambri Heyden, Director Planning & Zoning Department City of Boynton Beach P. O. Box 310 Boynton Beach, FL 33435 Subject: Boynton Beach Mall Development of Regional Impact- Review of Proposed Change Dear Ms. Heyden: In accordance with the requirements of Section 380.06(19), Florida Statutes, we have reviewed the "Notification of a Proposed Change to a Previously Approved Development of Regional Impact (DRI)" (NOPC) for Boynton Beach Mall DRI dated September 13, 1995 and submitted to Council by David H. Curl on October 27, 1995 with subsequent revisions. The NOPC proposes an extension of the buildout date for the Boynton Beach Mall by 6 years, from December 31, 1991 to December 30, 1997. The second change includes revisions to the Development Order transportation mitigation Condition 11 (a, c, e, and f) deleting a number of intersection improvements. The third change modifies Condition 13 requiring Substantial Deviation Review after December 30, 1997. No other change is being proposed at this time. The proposed change does not meet or exceed any of the criteria in Sections 380.06(19)(b), Florida Statutes, which would require Substantial Deviation Review. The change will not require additional review by this agency, and council will not participate in the local public hearing for the proposed change. Please transmit a certified copy of any Development Order amendment adopted pursuant to this notification of proposed change or notify Council if the proposal is withdrawn or denied and no amendment is forthcoming. If you have any questions, please call. 3228 s.w. martin downs blvd. suite 205 . p.o. box 1529 palm city, f10rida 34990 phone (407) 221.4060 sc 269-4060 tax (407) 221-4067 Ms. Tambri Heyden January 17, 1996 Page Two Sincerely, ~&~ Michael 1. Busha, AICP Executive Director MJB/LES/les cc: Denny Green, TCRPC Chairman Greg Stuart, FDCA L. Martin Hodgkins, PBC David H. Curl, Applicant Thomas A. Marsicano, Greiner Inc. Greiner Greiner -l"c. P.O. Be. 1646 (33631-3416) 7650 West Courtney Campbell Causeway Tampa, Florida 33607-1462 (813) 286-1711 FAX: (813) 287-8591 CI03187.00 December 7, 1995 Mr. Bruce Pisani Treasure Coast Regional Planning Council 3228 SW Martin Downs Boulevard Palm City, Florida 34990 Reference: Boynton Beach Mall Hazardous Materials Management Plan Dear Mr. Pisani: We are transmitting herewith a revised copy of the above referenced plan for your review and final approval. This draft includes the correct post office box for District X LEPC. If you have any further questions regarding the revised draft plan, please give me a call. Sincerely, GREINER, INC. ~ Thomas A. Marsicano Vice President T AM:sas Enclosures xc: Dave Curl, DeBartolo Liberta Scotto, Treasure Coast Regional Planning Council Tambri Hayden, City of Boynton Beach ('::\I~ ~f~ \i-n~~~g-lf~'rn'.":'"'' i~..lr'~~- . 'll~ !iU1 "~ lU u. I flANNltlirAN:" ZONING DEPT. """~;~~... SAS:CIOFFICEIWPWIN\WPDOCSIBOYNTONIHAZMA TlPISA II 06.95 Boynton Beach Mall Hazardous Materials Management Plan December 1995 The Developer of Boynton Beach Mall recognized the importance of minimizing the potential for adverse impacts of the proposed development on environmental resources and the public health which could occur if hazardous materials or wastes are improperly disposed of or handled. Hazardous materials are those constituents found in reportable quantities on-site identified pursuant to 42 USC Section 6921 (RCRA); 42 USC Section 9602 (CERCLA); 42 USC Section 1101 et. Seq. (SARA Title III); and Part IV, Chapter 403, Florida Statutes. Hazardous materials may also be defined as materials that exhibit one or more of the following characteristics: 1. Reactivity 2. Corrosiveness 3. Explosiveness 4. Flammability 5. Toxicity 6. Infectiousness 7. Radioactivity Because the use, storage, generation, or disposal of these materials can create deleterious environmental impacts, their use, storage, or generation will be regulated, and their disposal within the Boynton Beach Mall project shall be prohibited. Improper disposal of hazardous materials is illegal and carrier penalties outlined in Section 403.727, Florida Statutes. It is anticipated that very few, if any, small shop tenants or major department stores of Boynton Beach Mall or owners of peripheral property will store, use or generate hazardous materials or wastes, and those that propose to do so will be small quantity generators or users of such materials incidental to the business or service operated. Because the Developer will not participate in any of the day-to-day management and operation of the retail or service businesses of Boynton Beach Mall, the proper and lawful handling of hazardous materials will be first and foremost, the responsibility of the tenant or occupant who proposes to use such materials. The individuals who own or manage these businesses are not only legally responsible for complying with all applicable environmental laws and regulations, they are also in the best position to know their requirements for the types and amounts of materials to be used, to establish policies and procedures for the proper handling of such materials, and to train their employees properly for all normal operational and emergency procedures. For the vast majority of the tenants of Boynton Beach Mall, the Developer, as part of its effort to restrict or minimize the potential for adverse environmental impact, shall expressly prohibit the storage, handling, use, sale, generation or release of hazardous materials on the demised premises, common areas, or the shopping center. This prohibition shall be conveyed to those occupants of Boynton Beach Mall who do not propose to store, use or generate hazardous materials or wastes in SAS:C:\OFFlCElWPWIN\WPDOCSIBOYNTONIHAZMA liRPT1195.WPD 1 the operation of their businesses on-site by written notice, or in the lease or other occupancy agreement, or in the sale agreement, as applicable. The prohibition shall appear in the following language, or language having substantially similar effect: (Tenant/Occupant) shall not store, handle, use, sell, generate or release either directly or indirectly on the Premises, Common Areas or Shopping Center, any hazardous materials or substances or toxic wastes as defined by all applicable provisions of any federal regulations, amendments, updates or superseding legislation to or for the Environmental Protection Act, the Resource Conservation and Recovery Act, the Comprehensive Environmental Response, Compensation and Liability Act of 1980, the Superfund Amendments and Reauthorization Act and all other federal, state and local laws relating in any way to the protection of the environment. For those prospective tenants or prospective purchasers of mall or peripheral sites who propose to store, use or generate hazardous materials or wastes in the operation of their businesses on-site, language in a written notice, in the lease or other occupancy agreement or in the sale agreement, as applicable, shall acknowledge such party's right to use regulated materials in the normal operation of its particular enterprise provided, however, that the use of such materials complies with all applicable laws and regulations. Additionally, each such prospective tenant or purchaser shall be notified in the appropriate documentation of its obligation to prepare and submit a plan for the proper disposal and handling of hazardous materials. These obligations shall appear in the appropriate document in the following language, or language having substantially similar effect: "Whereas, the Boynton Beach Mall and peripheral property is subject to the Boynton Beach Mall Development Order which requires a plan for the proper management of hazardous materials which are stored, generated, used or handled on-site, (Tenant/Occupant) shall have the right to use materials and substances normally used in a (proposed use) operation, provided that the use of such materials and substances is in compliance with all applicable environmental laws and regulations. If such materials and substances are deemed hazardous materials or waste, (Tenant/Occupant) must submit plan for the proper disposal and handling of such materials and substances to the Treasure Coast Regional Planning Council which shall review such plan (the "Plan") in consultation with the City of Boynton Beach, South Florida Water Management District and the Florida Department of Environmental Protection. At a minimum, the Plan shall: 1. Require disclosure of all hazardous materials proposed to be stored, used, or generated on the premises; 2. Require the inspection or premises storing, using or generating hazardous materials or wastes prior to commencement of operation, and periodically thereafter, to assure that approved facilities and procedures are in place to properly manage hazardous materials projected to occur; 3. Provide minimum standards and procedures for storage, prevention of spills, containment of spills and transfer and disposal of such materials or wastes; SAS:C:\OFFICE\WPWIN\WPDOCSIBOYNTONIHAZMAl\RPT1195.WPD 2 4. Provide for proper maintenance, operation and monitoring or hazardous materials and waste management systems including spill and hazardous materials and waste containment systems; 5. Detail actions and procedures to be followed in case of spills or other accidents involving hazardous materials or wastes; 6. Guarantee responsibility for financial and physical spill clean-up actions." In addition to the Plan, Developer shall recommend the following practices to all tenants or occupants who propose to store, use or generate hazardous materials or wastes in the operation of their businesses on site: I. MANAGEMENT ACTIVITIES 1. All facilities using, storing, or generating hazardous materials should designate and train a Facility Safety Officer. The Facility Safety Officer may be a qualified employee of the (Tenant/Occupant) or a private firm retained to provide such service. 2. The Facility Safety Officer should be experienced in the field of hazardous material management (spill control, contamination assessment, remedial action, applicable regulations, etc.). The duties of the Facility Safety Officer are as follows: A. Comply with all applicable regulations and reporting procedures. B. Maintain the proper permits for the use, storage, generation, or disposal of hazardous wastes. 3. The Facility Safety Officer should keep available at all times for review by applicable authorities: A. Copies of all applicable operating permits or licenses relating to the storage, use, transport, disposal or generation of hazardous materials. B. Copies of one of the following types of documentation of appropriate hazardous waste disposal: a. A hazardous waste manifest; b. A bill of lading from a bonded hazardous waste transporter indicating shipment to a licensed hazardous waste facility; or c. A confirmation of receipt of material from a recycle, a waste exchange operation, or their permitted hazardous waste management facility. SAS:C:\OFFICE\WPWIN\WPDOCSIBOYNTONIHAZMA TlRPT1195. WPD 3 4. All facilities using, storing or generating hazardous materials should train personnel in the careful and safe handling, usage, and storage of such materials. Employees should be familiarized with the potential emergencies associated with the hazardous materials as well as with the response procedures required during emergencies, including the proper use of cleanup equipment and proper disposal techniques. 5. Each such facility should post all emergency procedures including spill control procedures, emergency notification telephone numbers, first aid procedures, and evacuation plans. II. EMERGENCY RESPONSE All facilities should prepare site specific Emergency Response Plans to be actuated in the event of an improper release of hazardous material. The Emergency Response Plan should incorporate the following items: 1. Names and phone numbers of parties to be contacted immediately including: A. Emergency Operations (Palm Beach CountylBoynton Beach) - 911 B. Florida State Warning Pont (904)-413-9911 C. Facility Safety Officer D. Mall Manager 2. Response Procedures A. If an emergency occurs, employees should contact the Facility Safety Officer. B. The Facility Safety Officer should contact all applicable emergency response agents listed in Item 1. above. C. If evacuation is required, evacuation should begin immediately. D. If a spill has occurred, the Emergency Response Plan should be implemented immediately. E. Ifbodily injury occurs, fIrst aid should be administered prior to the arrival of emergency medical service. 3. Reporting Procedures A. In the event of a hazardous materials spill or release, immediately notify: SAS:C:\OFFICEIWPWIN\WPDOCS\BOYNTONIHAZMA 1\RPTI19S. WPD 4 a. Emergency Operations by calling 911; and b. Florida State Warning Point by calling (904) 413-9911. The emergency notification must include: a. The chemical name and location of the release; b. An estimate of the quantity released; c. The time and duration of the release; d. The medium into which the release occurred (e.g., air, water) e. Any known health risks associated with the emergency; f. Precautions taken, such as evacuation; and g. The name and telephone number of the contact person. B. As soon as practical after a hazardous materials release which requires the immediate notification listed above, the owner or operation of the facility must provide written follow-up notification to: State Emergency Response Commission 2740 Centerview Drive Tallahassee, Florida 32399-2100 and District X Local Emergency Planning Committee (LEPC) Post Office Box 1529 Palm City, Florida 34990 C. The written follow-up notice must, at a minimum, include the following information: a. Information updating or correcting the original immediate notification; b. Actions taken to respond to and contain the release; c. Any known or anticipated health risks associated with the release; and d. Information regarding medical attention necessary for exposed individuals. SAS:C:\OFFICE\WPWIN\WPDOCSlBOYNTONIHAZMAl\RPTI19S.WPD 5 4. Information Contact List For additional information about hazardous materials or to report a chemical release, the following agencies may be contacted: Boynton Beach Fire - Rescue Department 100 East Boynton Beach Boulevard Boynton Beach, Florida 33435 (407) 732-8166 District X LEPC Post Office Box 1529 Palm City, Florida 34990 (407) 221-4060 Florida Department of Environmental Protection, Region IV 1900 South Congress Avenue, Suite A Post Office Box 15425 West Palm Beach, Florida 33416 (407) 433-2650 National Response Center I 800 424-8802 Palm Beach County Division of Emergency Management 3723 Belvedere Road West Palm Beach, Florida 33406 (407) 233-3500 Palm Beach County, All Emergencies - 911 State Warning Point - (904) 413-9911 State Emergency Response Commission Hazardous Materials Compliance Section 2740 Centerview Drive Tallahassee, Florida 32399-2100 1 800-635-7179 US Environmental Protection Agency Region IV 345 Courtland Street, Northeast Atlanta, Georgia 30365 (404) 347-1033 SAS:C\OFFICE\WPWlN\WPDOCSIBOYNTONIHAZMA TlRPT 1195. WPD 6 Boynton Beach Mall Hazardous Materials Management Plan October, 1995 The Developer of Boynton Beach Mall recognized the importance of minimizing the potential for adverse impacts of the proposed development on environmental resources and the public health which could occur if hazardous materials or wastes are improperly disposed of or handled. Hazardous materials are those constituents found in reportable quantities on-site identified pursuant to 42 USC Section 6921 (RCRA); 42 USC Section 9602 (CERCLA); 42 USC Section 1101 et. Seq. (SARA Title III); and Part IV, Chapter 403, Florida Statutes. Hazardous materials may also be defined as materials that exhibit one or more of the following characteristics: 1. Reactivity 2. Corrosiveness 3. Explosiveness 4. Flammability 5. Toxicity 6. Infectiousness 7. Radioactivity Because the use, storage, generation, or disposal of these materials can create deleterious environmental impacts, their use, storage, or generation will be regulated, and their disposal within the Boynton Beach Mall project shall be prohibited. Improper disposal of hazardous materials is illegal and carrier penalties outlined in Section 403.727, FloridaStatutes. It is anticipated that very few, if any, small shop tenants or major department stores of Boynton Beach Mall or owners of peripheral property will store, use or generate hazardous materials or wastes, and those that propose to do so will be small quantity generators or users of such materials incidental to the business or service operated. Because the Developer will not participate in any of the day-to-day management and operation ofthe retail or service businesses of Boynton Beach Mall, the proper and lawful handling of hazardous materials will be first and foremost, the responsibility of the tenant or occupant who proposes to use such materials. The individuals who own or manage these businesses are not only legally responsible for complying with all applicable environmental laws and regulations, they are also in the best position to know their requirements for the types and amounts of materials to be used, to establish policies and procedures for the proper handling of such materials, and to train their employees properly for all normal operational and emergency procedures. For the vast majority of the tenants of Boynton Beach Mall, the Developer, as part of its effort to restrict or minimize the potential for adverse environmental impact, shall expressly prohibit the storage, handling, use, sale, generation or release of hazardous materials on the demised premises, common areas, or the shopping center. This prohibition shall be conveyed to those occupants of Boynton Beach Mall who do not propose to store, use or generate hazardous materials or wastes in the operation of their businesses on-site by written notice, or in the lease or other occupancy SAS.C:\OFFICE\WPWIN\WPDOCSIBOYNTONIHAZMAT.WPD agreement, or in the sale agreement, as applicable. The prohibition shall appear in the following language, or language having substantially similar effect: (Tenant/Occupant) shall not store, handle, use, sell, generate or release either directly or indirectly on the Premises, Common Areas or Shopping Center, any hazardous materials or substances or toxic wastes as defined by all applicable provisions of any federal regulations, amendments, updates or superseding legislation to or for the Environmental Protection Act, the Resource Conservation and Recovery Act, the Comprehensive Environmental Response, Compensation and Liability Act of 1980, the Superfund Amendments and Reauthorization Act and all other federal, state and local laws relating in any way to the protection of the environment. For those prospective tenants or prospective purchasers of mall or peripheral sites who propose to store, use or generate hazardous materials or wastes in the operation of their businesses on-site, language in a written notice, in the lease or other occupancy agreement or in the sale agreement, as applicable, shall acknowledge such party's right to use regulated materials in the normal operation of its particular enterprise provided, however, that the use of such materials complies with all applicable laws and regulations. Additionally, each such prospective tenant or purchaser shall be notified in the appropriate documentation of its obligation to prepare and submit a plan for the proper disposal and handling of hazardous materials. These obligations shall appear in the appropriate document in the following language, or language having substantially similar effect: "Whereas, the Boynton Beach Mall and peripheral property is subject to the Boynton Beach Mall Development Order which requires a plan for the proper management of hazardous materials which are stored, generated, used or handled on-site, (Tenant/Occupant) shall have the right to use materials and substances normally used in a (proposed use) operation, provided that the use of such materials and substances is in compliance with all applicable environmental laws and regulations. If such materials and substances are deemed hazardous materials or waste, (Tenant/Occupant) must submit plan for the proper disposal and handling of such materials and substances to the Treasure Coast Regional Planning Council which shall review such plan (the "Plan") in consultation with the City of Boynton Beach, South Florida Water Management District and the Florida Department of Environmental Protection. At a minimum, the Plan shall: a. Require disclosure of all hazardous materials proposed to be stored, used, or generated on the premises; b. Require the inspection or premises storing, using or generating hazardous materials or wastes prior to commencement of operation, and periodically thereafter, to assure that approved facilities and procedures are in place to properly manage hazardous materials projected to occur; c. Provide minimum standards and procedures for storage, prevention of spills, containment of spills and transfer and disposal of such materials or wastes; SAS:C:\OFFICE\WPWIN\WPDOCSIBOYNTON\HAZMA T. WPD d. Provide for proper maintenance, operation and monitoring or hazardous materials and waste management systems including spill and hazardous materials and waste containment systems; e. Detail actions and procedures to be followed in case of spills or other accidents involving hazardous materials or wastes; f. Guarantee responsibility for financial and physical spill clean-up actions." In addition to the Plan, Developer shall recommend the following practices to all tenants or occupants who propose to store, use or generate hazardous materials or wastes in the operation of their businesses on site: I. MANAGEMENT ACTIVITIES 1. All facilities using, storing, or generating hazardous materials should designate and train a Facility Safety Officer. The Facility Safety Officer may be a qualified employee of the (Tenant/Occupant) or a private firm retained to provide such service. 2. The Facility Safety Officer should be experienced in the field of hazardous material management (spill control, contamination assessment, remedial action, applicable regulations, etc.). The duties of the Facility Safety Officer are as follows: A. Comply with all applicable regulations and reporting procedures. B. Maintain the proper permits for the use, storage, generation, or disposal of hazardous wastes. 3. The Facility Safety Officer should keep available at all times for review by applicable authorities: A. Copies of all applicable operating permits or licenses relating to the storage, use, transport, disposal or generation of hazardous materials. B. Copies of one of the following types of documentation of appropriate hazardous waste disposal: (a) A hazardous waste manifest; (b) A bill of lading from a bonded hazardous waste transporter indicating shipment to a licensed hazardous waste facility; or (c) A confIrmation of receipt of material from a recycle, a waste exchange operation, or their permitted hazardous waste management facility. SAS:C:\OFFICE\WPWIN\WPDOCSIBOYNTONIHAZMAT. WPD 4. All facilities using, storing or generating hazardous materials should train personnel in the careful ad safe usage, generating hazardous materials should train personnel in the careful and safe usage, generation, and storage of such materials. Employees should be familiarized with the potential emergencies associated with the hazardous materials as well as with the response procedures required during emergencies, including the proper use of cleanup equipment and proper disposal techniques. 5. Each such facility should post all emergency procedures including spill control procedures, first aid procedures, and evacuation plans. II. EMERGENCY RESPONSE All facilities should prepare site specific Emergency Response Plans to be actuated in the event of an improper release of hazardous material. The Emergency Response Plan should incorporate the following items: 1. Names and phone numbers of parties to be contacted immediately including: A. Facility Safety Officer B Fire, Police, & EMS C. DEP - Local Office D. DEP - Tallahassee E. Mall Manager 2. Response Procedures A. If an emergency occurs, employees should contact the Facility Safety Officer. B. The Facility Safety Officer should contact all applicable emergency response agents listed in Item 1. above. C. If evacuation is required, evacuation should begin immediately. D. If a spill has occurred, the Emergency Response Plan should be implemented immediately. E. If bodily injury occurs, first aid should be administered prior to the arrival of emergency medical service. 3. Reporting Procedures A. In the event of a spill or discharge, the Florida Department of Environmental Protection (DEP) should be notified within twenty-four (24) hours. SAS:C:\OFFICE\WPWlN\WPDOCSIBOYNTONIHAZMA TWPD B. After telephone notification to DEP, a written document stating the nature of the spill, the initial cleanup steps taken to control the problem and the proposed closure plan for the event should be filed within three (3) days of the spill. 4. A final "CLOSURE REPORT" should be filed with DEP once closure has been completed. SAS:C:\OFFICE\WPWIN\WPDOCSIBOYNTON\HAZMAT. WPD Greiner Greiner--'-.'lC. P.o. Bo. 1646 (33631 -3416) 7650 West Courtney Campbell Causeway Tampa, Florida 33607-1462 (813) 286-1711 FAX: (813) 287-8591 CI01519.00 December 6, 1995 Ms. Liberta Scotto Treasure Coast Regional Planning Council 3228 SW Martin Downs Blvd., Suite 205 Palm City, Florida 34990 Reference: Boynton Beach Mall - Notice of Proposed Change Response to Comments Dear Liberta: We are transmitting herewith three (3) copies of our Response to Comments received from the Region's transportation consultant and Florida Department of Transportation. The Department's comments are included in Maria's letter so this response covers questions from both agencies. As we discussed, we have forwarded copies directly to MTP Group, Mr. John Krane at Florida Department of Transportation in Ft. Lauderdale, and DCA. We are also sending a copy directly to Tambri Hayden at the City of Boynton Beach. Confirming our discussion regarding Condition 6B in the existing development order, we agree that this condition can remain as stated. You will recall that our request for removing it was based on concerns regarding the amount of disturbance and potential regrading of existing retention ponds that may be required to fully implement this condition. As a result of our field review with Treasure Coast and the City of Boynton Beach representatives, we now understand that we are all in agreement that this condition can be satisfied by planting of native woody species along the shoreline of the existing ponds that currently have normal water depths suitable to support literal vegetation. This would be consistent with the "alternative design" language in the existing condition. With this understanding, we would agree that this condition can remain and our plan for this planting will be based on the above understanding. If you have any further questions regarding this project or anything included in the enclosed response information, please give me a call. Yours truly, GREINER, INC. / I fiJ Um -/I/CUijl{ltl/lif) Thomas A. Marsicano Vice President TAM:sas xc: Maria Palombo, MTP Group John Krane, FOOT Tambri Hayden, City of Boynton Beach Florida Department of Community Affairs Rod Vosper, DPMI Dave Curl, DPMI SASCIOFFICEIWPWINIWPDOCSIBOYNTON\CORRESPDISCOTT 120.95 Greiner Greiner. '-'. P.O.Box 346(33631.3416) 7650 West Courtney Campbell Causeway Tampa, Florida 33607-1462 (813) 286-1711 FAX: (813) 287-8591 Mr. Bruce Pisani Treasure Coast Regional Planning Council 3228 SW Martin Downs Boulevard Palm City, Florida 34990 C103187.00 November 6, 1995 Reference: Boynton Beach Mall Hazardous Materials Management Plan Dear Mr. Pisani: We are transmitting herewith a revised copy of the above referenced plan for your review and final approval. This draft incorporates each comment included in your letter of November 1, 1995. If you have any further questions regarding the revised draft plan, please give me a call. Sincerely, GREINER,INC. ~~/'0 Thomas A. ~ Vice President T AM:sas Enclosures xc: Dave Curl, DeBartolo Liberta Scotto, Treasure Coast Regional Planning Council Tambri Hayden, City of Boynton Beach ..... ..... SAS:C:\OFFICE\WPWIN\WPDOCSIBOYNTONIHAZMA TlPISA 1 106.95 Boynton Beach Mall Hazardous Materials Management Plan October 1995 The Developer of Boynton Beach Mall recognized the importance of minimizing the potential for adverse impacts of the proposed development on environmental resources and the public health which could occur if hazardous materials or wastes are improperly disposed of or handled. Hazardous materials are those constituents found in reportable quantities on-site identified pursuant to 42 USC Section 6921 (RCRA); 42 USC Section 9602 (CERCLA); 42 USC Section 1101 et. Seq. (SARA Title III); and Part IV, Chapter 403, Florida Statutes. Hazardous materials may also be defined as materials that exhibit one or more of the following characteristics: 1. Reactivity 2. Corrosiveness 3. Explosiveness 4. Flammability 5. Toxicity 6. Infectiousness 7. Radioactivity Because the use, storage, generation, or disposal of these materials can create deleterious environmental impacts, their use, storage, or generation will be regulated, and their disposal within the Boynton Beach Mall project shall be prohibited. Improper disposal of hazardous materials is illegal and carrier penalties outlined in Section 403.727, Florida Statutes. It is anticipated that very few, if any, small shop tenants or major department stores of Boynton Beach Mall or owners of peripheral property will store, use or generate hazardous materials or wastes, and those that propose to do so will be small quantity generators or users of such materials incidental to the business or service operated. Because the Developer will not participate in any of the day-to-day management and operation of the retail or service businesses of Boynton Beach Mall, the proper and lawful handling of hazardous materials will be first and foremost, the responsibility of the tenant or occupant who proposes to use such materials. The individuals who own or manage these businesses are not only legally responsible for complying with all applicable environmental laws and regulations, they are also in the best position to know their requirements for the types and amounts of materials to be used, to establish policies and procedures for the proper handling of such materials, and to train their employees properly for all normal operational and emergency procedures. For the vast majority of the tenants of Boynton Beach Mall, the Developer, as part of its effort to restrict or minimize the potential for adverse environmental impact, shall expressly prohibit the storage, handling, use, sale, generation or release of hazardous materials on the demised premises, common areas, or the shopping center. This prohibition shall be conveyed to those occupants of Boynton Beach Mall who do not propose to store, use or gefi'erate hazardous materials or wastes in SAS:C:\OFFICElWPWIN\WPDOCSIBOYNTON\HAZMA 'NlMI095.RPT 1 the operation of their businesses on-site by written notice, or in the lease or other occupancy agreement, or in the sale agreement, as applicable. The prohibition shall appear in the following language, or language having substantially similar effect: (Tenant/Occupant) shall not store, handle, use, sell, generate or release either directly or indirectly on the Premises, Common Areas or Shopping Center, any hazardous materials or substances or toxic wastes as defined by all applicable provisions of any federal regulations, amendments, updates or superseding legislation to or for the Environmental Protection Act, the Resource Conservation and Recovery Act, the Comprehensive Environmental Response, Compensation and Liability Act of 1980, the Superfund Amendments and Reauthorization Act and all other federal, state and local laws relating in any way to the protection of the environment. For those prospective tenants or prospective purchasers of mall or peripheral sites who propose to store, use or generate hazardous materials or wastes in the operation of their businesses on-site, language in a written notice, in the lease or other occupancy agreement or in the sale agreement, as applicable, shall acknowledge such party's right to use regulated materials in the normal operation of its particular enterprise provided, however, that the use of such materials complies with all applicable laws and regulations. Additionally, each such prospective tenant or purchaser shall be notified in the appropriate documentation of its obligation to prepare and submit a plan for the proper disposal and handling of hazardous materials. These obligations shall appear in the appropriate document in the following language, or language having substantially similar effect: "Whereas, the Boynton Beach Mall and peripheral property is subject to the Boynton Beach Mall Development Order which requires a plan for the proper management of hazardous materials which are stored, generated, used or handled on-site, (Tenant/Occupant) shall have the right to use materials and substances normally used in a (proposed use) operation, provided that the use of such materials and substances is in compliance with all applicable environmental laws and regulations. If such materials and substances are deemed hazardous materials or waste, (Tenant/Occupant) must submit plan for the proper disposal and handling of such materials and substances to the Treasure Coast Regional Planning Council which shall review such plan (the "Plan") in consultation with the City of Boynton Beach, South Florida Water Management District and the Florida Department of Environmental Protection. At a minimum, the Plan shall: I. Require disclosure of all hazardous materials proposed to be stored, used, or generated on the premises; 2. Require the inspection or premises storing, using or generating hazardous materials or wastes prior to commencement of operation, and periodically thereafter, to assure that approved facilities and procedures are in place to properly manage hazardous materials projected to occur; "- 3. Provide minimum standards and procedures for storage, prevention of spills, containment of spills and transfer and disposal of such materials or wastes; ..... "- SAS:C:\OFFICElWPWIN\WPDOCSIBOYNTONIHAZMA 1iHM1095.RPT 2 4. Provide for proper maintenance, operation and monitoring or hazardous materials and waste management systems including spill and hazardous materials and waste containment systems; 5. Detail actions and procedures to be followed in case of spills or other accidents involving hazardous materials or wastes; 6. Guarantee responsibility for financial and physical spill clean-up actions." In addition to the Plan, Developer shall recommend the following practices to all tenants or occupants who propose to store, use or generate hazardous materials or wastes in the operation of their businesses on site: I. MANAGEMENT ACTIVITIES I. All facilities using, storing, or generating hazardous materials should designate and train a Facility Safety Officer. The Facility Safety Officer may be a qualified employee of the (Tenant/Occupant) or a private firm retained to provide such service. 2. The Facility Safety Officer should be experienced in the field of hazardous material management (spill control, contamination assessment, remedial action, applicable regulations, etc.). The duties of the Facility Safety Officer are as follows: A. Comply with all applicable regulations and reporting procedures. B. Maintain the proper permits for the use, storage, generation, or disposal of hazardous wastes. 3. The Facility Safety Officer should keep available at all times for review by applicable authorities: A. Copies of all applicable operating permits or licenses relating to the storage, use, transport, disposal or generation of hazardous materials. B. Copies of one of the following types of documentation of appropriate hazardous waste disposal: a. A hazardous waste manifest; b. A bill of lading from a bonded hazardous waste transporter indicating shipment to a licensed hazardous waste facility; or c. A confirmation of receipt of material from a recycle, a waste exchange operation, or their permitted hazardous waste management facility. ....... ....... SAS:C:\OFFICE\WPWIN\WPDOCSIBOYNTONIHAZMA nHM 1095.RPT 3 4. All facilities using, storing or generating hazardous materials should train personnel in the careful and safe handling, usage, and storage of such materials. Employees should be familiarized with the potential emergencies associated with the hazardous materials as well as with the response procedures required during emergencies, including the proper use of cleanup equipment and proper disposal techniques. 5. Each such facility should post all emergency procedures including spill control procedures, emergency notification telephone numbers, first aid procedures, and evacuation plans. II. EMERGENCY RESPONSE All facilities should prepare site specific Emergency Response Plans to be actuated in the event of an improper release of hazardous material. The Emergency Response Plan should incorporate the following items: 1. Names and phone numbers of parties to be contacted immediately including: A. Emergency Operations (Palm Beach County/Boynton Beach - 911 B. Florida State Water C. Facility Safety Office D. Mall Manager 2. Response Procedures A. If an emergency occurs, employees should contact the Facility Safety Officer. B. The Facility Safety Officer should contact all applicable emergency response agents listed in Item 1. above. C. If evacuation is required, evacuation should begin immediately. D. If a spill has occurred, the Emergency Response Plan should be implemented immediately. E. Ifbodily injury occurs, first aid should be administered prior to the arrival of emergency medical service. 3. Reporting Procedures A. In the event of a hazardous materials spill or release, immediately notify: " -.... SAS:C:\OFFICE\WPWJN\WPDOCSIBOYNTONIHAZMA TlHMI095.RPT 4 a. Emergency Operations by call 911; and b. Florida State Warning Point by calling (904)413-9911. The emergency notification must include: a. The chemical name and location of the release; b. An estimate of the quantity released; c. The time and duration of the release; d. The medium into which the release occurred (e.g., air, water) e. Any known health risks associated with the emergency; f. Precautions taken, such ass evacuation; and g. The name and telephone number of the contact person. B. As soon as practical after a hazardous materials release which requires the immediate notification listed above, the owner or operation of the facility must provide written follow-up notification to: State Emergency Response Commission 2740 Centerview Drive Tallahassee, Florida 32399-2100 and District X Local Emergency Planning Committee (LEPC) Post Office Box 1429 Palm City, Florida 34990 C. The written follow-up notice must, at a minimum, include the following information: a. Information updating or correcting the original immediate notification; b. Actions taken to respond to and contain the release; c. Any known or anticipated health risks associated with the release; and d. Information regarding medical attention necessary for exposed individuals. " ." SAS:C:\OFFICE\WPWJN\WPDOCSlBOYNTONIHAZMA nHMl095.RPT 5 """ 4. Information Contact List For additional information about hazardous materials or to report a chemical release, the following agencies may be contacted: Boynton Beach Fire - Rescue Department 1 00 East Boynton Beach Boulevard Boynton Beach, Florida 33435 (407) 732-8166 District X LEPC Post Office Box 1529 Palm City, Florida 34990 (407) 221-4060 Florida Department of Environmental Protection, Region IV 1900 South Congress Avenue, Suite A Post Office Box 15425 West Palm Beach, Florida 33416 (407) 433-2650 National Response Center 1 800 424-8802 Palm Beach County Division of Emergency Management 3723 Belvedere Road West Palm Beach, Florida 33406 Palm Beach County, All Emergencies - 911 State Warning Point - (904) 413-9911 State Emergency Response Commission Hazardous Materials Compliance Section 2740 Centerview Drive Tallahassee, Florida 32399-2100 1 800-635-7179 US Environmental Protection Agency Region IV 345 Courtland Street, Northeast Atlanta, Georgia 30365 (404) 347-1033 '" -.... SAS:C:\OFFICE\WPWIN\WPDOCSIBOYNTON\HAZMA 1\HM l09S.RPT 6 mlJ-03-1995 I t. I AI OeYELOPMENT OF REGIONAL I Mfj)ACT I , 14:08 TCRPC 407 221 4067 P.02 ,. ASSESSMENT REPORT BOYNTON BEACH MALL SUBSTANTIAL DEVIATION I D33 A75 TCRPC BOYMA _ I I I treasure ;.;.:.... ...;.:.:y..::\......,.;.~<<..."..;.:.~:::... ......:.:~~.<o..~..~.....~..~"".:...~~.;..........;. &J~~~l:~:~i~l~~~~~~~iEf~l~~ .:.j.$....:~...~.;<i.:.~....~:t;:..:.~. co:..~.:.:...:<:. . :::::::~::s;.,~":~:::::~:;:;:=::~:$:;;J:-;.;;;:::;::~ .:.:;:::;:;:;:;:::..:;:;:~::::::~S:t=;..;:~.,::;::::;:. ~~~J~~f.~f.%~{~~f~if:~;~~l*~~~fI~?~f~ "" ......... ..1."... -!IIi ;.!."-!.;_" .. ~.",.!t.....".. ..:.:.:.:..;.:.:.:~::.:-:.:..;:~.::-~:.;::::..;.;. ;:::;:. .:::::::;:::::~:.:':::*:;::.;..:::::.::::;::- .::: :..~::.:.:':.:.:;::::.>:,,:.::.*.:-$:..:.;;: ~:.:::- :;~;:~~:::~:::$:::::::::~::~::~:::::::;~::::::::::=: . coast regional planning council .~,; NDV-03-199S 14:08 TCRPC 407 221 4067 P.03 - 'DRAINAGE ; : Issue 8~o~va~.r runoff fro. ~he ..1~ is eODveyiDq po~~utant. into the qroUDdvater via .xi.~in9 4.t.D~ioD pODds. Policy iCouncil Policy 8.1.1.8 is ~hat storawater manaqement systems sha~~ be designed to maximize the quality of recharge water as well as water discharged from ~he site. Policy 8.2.1.3 further provides that the negative impacts of existing land use activities on surface water and qroundvater quality and quanti ty sha~~ De minimized by retrofittinq to incorpClrate appropriate water quality management techniques. : Discussion ,The site already contains .. 878,670-square foot mall plus ; parking lot. Four detention ponds on site collect runoff ifrom the impervious surfaces. The site is broken into two :drainage basin.. The west basin serves the southwest ,portion of the site. Discharge from this basin 90es intc a : detention pond which discharges into the L-23 cana~. The t east basin serves the rest of the site and, after passing :~hrouqh the deten~ion ponds, excess water is conveyed to C- 16, the Boynton Canal. . The addition of a Sears plus additional parkin9 will ,increase the total of impervious surface and increase the required water retention/detention capacity ot the system. The developer is proposinq to accommodate the additional runoff by lDodifyinq the existing stormwater system. In addition, to conserve land area (see Habitat, Vegetation, and wildlife), the L-23 is to be c~verted and moved to lie 'beneath the western edge of the expanded parkinq lot. The South Florida Water Management District (SFWMD) has indicated that they do not expect water quality problems as 'a result of this ~hange. > I I i AccorcHnq to the Pa~lJl Beach county Environmental Resources Management Ottice, the surficial aquifer lies approximately six feet below the surface, and the entire eastern portion : of Palm Beach County is considered a recharge area. The . SFWMO has collected water quality data for the mall si~e. . The data indicate. that, although the system is removing . some pollutants and producing discharge water that meets most of the applicable Florida Department of Environmental RegUlation standards, there are some exceedances. In addition, during rainfall events, pollutants present in the runoff appear in samples of groundwater taken just outside the detention ponds. 6 NOv-03-1995 14:09 TCRPC _ 4~7 221 4067 P.04 seitter treatment of this water co~ld be obtained throuqh e~tabli$hment of littoral zones around the detention ponds arid the use of grassy swales to collect runoff and convey it td the drains Which then convey the runoff to the detention pqnds. The use of water tolerant t:rees such as cypress, p~nd apple, and button bush aay De best for thi$ site sinoe tney are woody and thus serve to tie up pollutants for a ldnqer period of time. The developer has proposed to desiqn a .oontainment system to prevent an)Y wastes from t:he Sears garage from entering the stormwater management system (see HAZARDOUS MATERIALS AND WASTES). R~commendat~ons In order to assure acceptable levels of water quality at dischar~e and improve recharge into the shallow aquifer, the following conditions should be incorporated into the Development Order: 1. The storDlwater manaqement system serving the Boynton Beach Mall shall be modified to ensure discnarqe will meet the water quality standards of Florida A~inistra~ive Code Rule 17-3 by incorporating the following Best Management Practices: Wle of qrassy swales to pre~reat runoff before oonveying it to the detention ponds and weekly parking lot sweepinq. 2. vegetate4 littoral zones shall be establiShed around the existing deteni:ion ponds utilizing nati". woody species. Prior to construction and plantinq of the littoral zone., the developer shall prepare a desiql'l and manaqement plan for ~he littoral zone to be reviewed for consistency with the Reqional Comprehensive policy Plan by Treasure coast Reqional Planninq Council in consultation with the city of Boynton Beach, South Florida water Management District, and Florida Oepa~ent of ~nvironm.ntal Requlation, and approved by the ci ty ot Boynton Beach, South Florida Water Kanaqement District, and Florida Department of Environmental Regula~ion. The plan shall: (1) include a plan view and site location; (2) include a typical cross section of the detention pond; (3) specify how veqetation is to be established within the li~toral zone; and (4) provide a description of any monitoring and maintenance procedures to be followed in order to assure the continued viability and health of the littoral zones. If Treasure coast Regional Planning council determines that tne design and management plan for the littoral zones is not consistent witn the Regional Comprehensive Policy Plan, then the developer will be in violation of the Development Order. No additional certificates ot occupancy shall be issued for any additional square footaqe constructed pursuant to this Development Order until the plan is determined to be consistent with the Regional Plan. Wherever 7 NOV-03-1995 '4:10 TCRPC _ 407 221 4067 P. 05 3. Under no eircUlIlStances snall pos1: development volume. exceed predevelopment runoff volumes storm event of t.hree-day duration and 25-yell.r frequency. runoff for a return possible a minimum of ten square feet of veqe~ated littoral zone per linear too1: of shoreline snall be established and confiqured so th.~ at least 50 percent of the shoreline bas a veqetated littoral zone. Alternate design may be necessary due to physical constraints inherent in retrofittinq these existing detention ponds. The lit~oral zones shall be in place prior to the issuanQe of a certificate of occupancy for any additional square footage constructed pursuant to this Development Order. 8 TOTAL P.05 Greiner Greiner, l!)Eo P.O. Box 346 (33631 -34161 7650 We~, Courtney ,Campbell Causeway Tampa, Florida 33607-1462 (813) 286-1711 FAX: (813) 287-8591 C103187.00 November 2, 1995 r- '~ ~ @ ~ 0 W \U~ NOV - 6 1995 00'- Ms_ Liberta Scotto Treasure Coast Regional Planning Council 3228 SW Martin Downs Blvd. Suite 205 Palm City, Florida 34990 L PLANNING AND ZONING DEPT. Reference: Boynton Beach Mall Notice of Proposed Change to a Previously Approved Development of Region Impact Dear Liberta: Thank you for your early comments regarding the above NOPC Application. Enclosed herewith are the revised pages which respond to the comments we discussed yesterday. 1) Application Form - The fifth page of the Application Form has been revised to indicate "no change" in the response to questions Be, d, and e. 2) We have revised pages 4, 5, and 6 of the Traffic Study to make the approach lane requirements under the "Condition" heading consistent with those under the corresponding conditions ofthe current amended Development Order. 3) The first page of Appendix C has been revised to correct a typographical error under Condition 11A. and to underline the word "one" in Condition II C North Bound left-turn lane requirement. Each of the revised pages includes the date November I, 1995 in the lower right corner. We understand that you have not yet received comments from other review agencies or the Region's transportation consultant. Please forward comments from the other reviewers to us as you receive them so we may complete the review process as soon as possible. Sincerely, GREINER, INC. ~~ Thomas A. Marsicano Vice President T AM:sas xc: Tal'nbri Hayden, City of Boynton Beach Florida Department of Community Affairs -.... j..- SAS:C:\oFFICEIWPWIN\WPDOCSIBOYNTONlNOPC I 095\SCOT I 102. 95 /' ~ h~~1 improvements including locations, square footage, number of units; and other major characteristics or components of the proposed change; The specific language proposed to implement the change requested herein is included in the draft Development Order Amendment Conditions provided as Appendix C. b. An updated legal description of the property, if any project acreage is/has been added or deleted to the previously approved plan of development; No Change c. A proposed amended development order deadline for commencing physical development of the proposed changes, if applicable; No Change d. A proposed amended development order termination date that reasonably reflects the time required to complete the development; No Change e. A proposed amended development order date until which the local government agrees that the changes to the DRI shall not be subject to down-zoning, unit density reduction, or intensity reduction, if applicable; and No Change f. Proposed amended development order specifications for the annual report, including the date of submission, contents, and parties to whom the report is submitted as specified in Subsection 9J-2.025 (7), F.A.C. No Change "'-. ."'-. SAS:C:IOFFICEIWPWJN\WPDOCSIBOYNTONINOPC 1 095IAPPLlCA T.WPD 11/2/95 11101195 -.., . Condition liB - Gateway Boulevard (Northwest 22nd Avenue) and Congress Avenue. Northbound I right I right I through 3 through I left 2 left Southbound 1 right 1 through/right I through 2 through 1 left 2 left Eastbound I right 1 right I through 2 through 1 left 2 left Westbound 1 right 1 right 2 through 2 through I left 2 left . Condition HC - Old Boynton Road and Congress Avenue. .. ...... ...... n' ... ..... . ::,::::':::::I:::::::::::::::.:~~p.a.!19~::: ......... Northbound ....... I right 2 through 2 left I through/right 2 through -... I left WP _ WPRO\M:\BOYNTONlTRFMMIREPORT.DCA 4 11101195 Greiner Greiner-lnc. P.o. Bl 1646 (33631-3416) 7650 West Courtney Campbell Causeway Tampa, Florida 33607-1462 (813) 286-1711 FAX: (813) 287-8591 Ms. Timbre Hayden Planning Director City of Boynton Beach Planning Department 120 Northeast Second Avenue Boynton Beach, Florida 33425-0310 r':-- liD) ~ @ ~ 0 w ~ i rn1 ill] OCT 2 7 1995 ' l!0 C103187.00 October 24, 1995 PLANNING AND ZONING OEPT. Reference: Boynton Beach Mall Notice of Proposed Change (NOPC) to a Previously Approved Development of Regional Impact Dear Ms. Hayden: We are transmitting herewith twelve (12) copies of the above referenced NOPC Application. Also enclosed is a check in the amount of $500.00, payable to the City of Boynton Beach, for the review fee for this application. We understand that the $500.00 fee is an initial fee and that if the City's review costs exceed $500.00 the applicant will be billed on an hourly basis for the City's additional cost. In addition to the NOPC Application, we have also enclosed a copy of the proposed Hazardous Materials Management Plan for Boynton Beach Mall. This plan has been prepared to respond to the requirements of Development Order Condition No.8. If you have any questions, regarding any of the information included in this submittal, please give me a call. Sincerely, GREINER, INC. ~~ ~as A. Marsicano Vice President TAM:sas xc: Dave Curl, DeBartolo (1 Copy) Mac Conahan, HRA W &0 (1 Copy) Florida Department of Communities Affairs ( 1 Copy) Liberta Scotto, Treasure Coast Regional Planning Council (6 Copies, $2,500 Application Fee) SAS:C.\OFFlCE\WPWIN\WPDOCSIBOYNTON\NOPC I 095\HA YO I 024.95 Greiner Greiner, loc. P.O. Box 46 (33631-3416) 7650 West Courtney Campbell Causeway Tampa, Florida 33607-1462 (813) 286-1711 FAX: (813) 287-8!;EH--~."-~" .'- "" ~' r-, 'I. [ .0_1 ,n! ,~ IiJ : u., r"-o.~.,""" ,-. ~ (<;! r~ n ',"I i~,..,; I ~\ fU ~ 'i I'; SEP 2 5 I()05 CI03187.00 September 20, 1995 " ..\ ~ Ms. Timbre Hayden Planning Director City of Boynton Beach Planning Department 120 Northeast Second Avenue Boynton Beach, Florida 33425-0310 -fi-y,.v.-- ..._,.,.,,,"'...,.....""...."""'-"'-""'.... Reference: Boynton Beach Mall Expansion Dear Timbre: Thank you for meeting with Mac Conahan and me Friday, September 15, 1995, to discuss our client's proposed plan to add a sixth major department store to Boynton Beach Mall. The purpose of our meeting was to discuss the proposed expansion, procedural requirements, and development order changes needed to implement the proposed department store addition. The following is a summary of my notes from our meeting: 1. The City is able to confirm that 1,071,385 square feet GLA has been constructed or approved pending construction. This includes the Sears Auto Service building, now under construction. This leaves 36,615 square feet GLA of the original vested 1,108,000 square feet GLA project remaining to be constructed. 2. The DeBartolo Corporation now proposes to construct a sixth department store of at least 162,502 square feet GLA. However, the future store may be enlarged to as much as 200,000 square feet if all related impacts can be accommodated. 3. The impact of this change on the total development approved to date, including the 1989 substantial deviation Development Order is as follows: a. Total Square Feet GLA Approved to Date b. Built to Date c. Remaining Approved Square Footage (36,615 vested + 136,449 from 1989 D.O.) d. New or Additional Square Footage Required to Develop 200,000 Square Foot Store 1,244,449 1,071,385 173,064 26,936 4. In order to obtain approval ofthis change we will need to submit an NOPC application mainly to respond to the traffic study requirement in D.O. condition 11 and to address other changes to the existing D.O. that we may wish to request. 5. To meet the requirement for an updated traffic study as outlined in D.O. condition 11, we propose to utilize the Palm Beach County concurrency management traffic study requirements. The study area will be the same as that addressed in the 1989 substantial deviation analysis. SAS:9/20195C,IOFFICEIWPWIN\WPDOCSIBOYNTONIHA YDE920.95 Greiner C103187.00 September 20, 1995 Ms. Timbre Hayden Page 2 6. We may also request elimination of the requirement for the hazardous materials management plan (Condition 8) since there will be no auto service activity associated with the proposed addition. A draft of the previously proposed plan is included, as requested. 7. We may also request elimination of the requirement for littoral zone planting (Condition 6). Recent inspection of the site reveals that the existing detention pounds are extensively landscaped with mature trees around their perimeters and are meticulously maintained. If any additional treatment is required, it should be limited to that amount needed for any new paved area added to the project. 8. Other changes will include extending the various commencement and build out dates as needed to reflect the current proposal. 9. We will prepare a proposed development order amendment resolution to be submitted with the NOPC application. 10. The City's review process will require submittal of an amended Master Plan (12 copies to be submitted with the NOPC application) and an application for review and approval of an amended site plan. The City's site plan review process requires 2Y2 months to complete. You recommend submitting the site plan review application with the NOPC in order to complete the local and state review processes at about the same time. 11. We can also submit building plans during the site plan review process in order to minimize the overall review time prior to construction. I believe the above items are the primary points discussed at our meeting. If you have any comments or corrections that we should be aware of, please let me know as soon as possible. We are beginning our application preparation this week and expect to be ready to submit it within 30 days. Sincerely, GREINER, INC. T~~=~ Vice President TAM:sas xc: Dave Curl Mac Conahan SAS:9/20/95C:\OFFICEIWPWIN\WPDOCSIBOYNTONIHA YDE920.95 2 5 !01l) .~. INDIAN RIVER MALL HAZARDOUS MATERIALS MANAGEMENT PLAN The Developer .of Indian River Mall recognizes the importance of minimizing the potential for adverse impacts of the proposed development on environmental resources and the public heal th which could occur if hazardous materials or wastes are improperly disposed of or handled. Hazardous materials are those constituents found in reportable quantities on-site identified pursuant to 42 USC Section 6921 (RCRA); 42 USC Section 9602(CERCLA); 42 USC Section 1101r et. seq. (SARA Title III); and Part IV, Chapter 403~ Florida Statutes. Hazardops materials may also be defined as materials that exhibit one or more of the following characteristics: 1. reactivity 2. corrosiveness 3. explosiveness 4. flammability 5. toxicity 6. infectiousness 7. radioactivity DRAFT .. 1 Because the use, storage, generation, or disposal of these materials can create deleterious environmental'imp.acts, their use, storage, or generation will be regulated, and their disposal within the Indian River Mall project shall be prohibited. Improper disposal of hazardous materials is illegal and carries penalties outlined in Section 403.727, Florida Statutes. It is anticipated that very few, if any, small shop tenants or major department stores of Indian River Mall or owners of peripheral property will store, use or generate hazardous materials or wastes, and those that propose to do so will be small quantity generators or users of such materials incidental -to the business or service operated. Because the Developer will not participate in any of the day-to-day management and operation of the retail or service businesses of Indian River Mall, the proper and lawful handling of hazardous materials will be, first _ and foremost, the responsibility of the tenant or occupant who proposes to bse such materials. The individuals who; own or manage these businesses _ are not only legally; responsible for complying with all applicable environmental laws and regulations, . they are also in the best position to know their requirements for the types and amounts of materials to be used, to establish policies and procedures for the proper handling of such materials, and to train their employees properly for all normal operational and emergency procedures. For the vast majority of the tenants of Indian River Mall, ~veloper, as part- of its effort to restrict or minimize the . potential for adverse environmental .i~pact,o shall expressly prohibit the storage, handling, use, sale,~generation or release of hazardous materials on the demised premises, common areas, or the shopping center. This pro~ibition shall be ,conveyed to those occupants of Indian River Mall who do not propose to store, use or generate hazardous materials or wastes in the operation of their businesses on-site by written notice, or in the lease or other occupancy agreement, or in the sale agreement, as applicable. The prohibition shall appear ill the following language, or language having substantially. similar effect: (Tenant/Occupant) shall not store, handle, use, sell, generate - or release either directly or indirectly on the Premises, Common Areas or Shopping - Center, any hazardous materials or ~ubstances or toxic wastes as defined by all applicable provisions of any federal regulations, amendments, updates ~ or superseding legislation to or for the Environmental Protection Act, the Resource Conservation and Recovery Act, the Comprehensive Environmental Response, Compensation and Liability Act of 1980, the Superfund Amendments and Reauthorization Act and all other federal, state and local laws relating in any way to the protection of the environment." .. 2 For those prospective tenants or prospective purchasers of mall or peripheral sites who propose to store, use or generate hazardous materials or wastes in the operation of their businesses on-site, language in a written notice, in the lease or other occupancy agreement or in the sale agreement, as applicable, shall acknowledge such party's right to use regulated ma'terials in the normal operation of its particular enterpr.ise provided, however, that the use of such materials complies with all applicable laws and regulations. Additionally, each such prospective tenant or purchaser shall be notified in the appropriate documentation of its obligation to prepare and submit a plan for the proper disposal and handling of hazardous materials. These obligations shall appear in the appropriate document in the following language, or language having s~bstantially similar effect: "Whereas, the Indian River Mall and peripheral property is subject, to the Indian River Mall Development_ Order wh'ich requires a plan for the proper management of h~zardous materials which are stored, generated, used ot' handled on-site, (tenant"/occupant) shall have the right to use materials and substances. normally used in a _ (proposed use) operation, provided that the use of such materials and substances is in compliance with all applicable environmental laws and regulations. If such materials and substances are deemed hazardous m~terials or waste, (Tenant/Occupant) must submit d plan for the proper disposal and' handling of such materials and substances to the Treasure Coast Regional Planning Council which shall review such plan (th.e "Plan") in consultation with Indian River County, St. John's Water Management District and the Florida Department of Environmental Regulation. At a minimum, the Plan shall: a. Require disclosure of proposed to be stored, premises; all used, hazardous materials or generated on the b. Require the inspection of premises storing, using or generating hazardous f materials or wastes prior to commencement of operation, and periodically thereafter, to assure that approved facilities and procedures are in place to properly manage hazardous materials projected to occur; c. Provide minimum standards and procedures for storage, prevention of spills, containment of spills and transfer and disposal of such materials or wastes; .. ~ 4 For those prospective tenants or prospective purchasers of mall or peripheral sites who propose to store, use or generate hazardous materials or wastes in the operation of their businesses on-site, language in a written notice, in the lease or other occupancy agreement or in the sale agreement, as applicable, shall acknowledge such party's right to use regulated materials in the normal operation of its particular enterpI:ise provided, however, that the use of such materials complies with all applicable laws and regulations. Additionally, each such prospective tenant or purchaser shall be notified in the appropriate documentation of its obligation to prepare and submit a plan for the proper disposal and handling of hazardous materials. These obligations shall appear in the appropriate document in the following language, or language having substantially similar effect: "Whereas, the Indian River Mall arid peripheral property is subject, to the Indian River Mall Development_ Order whIch requires a plan for the proper management of h~zardous materials which are stored, generated, used or handled on-site, (tenant~/occupant) shall have the right to use materials and substances'normally used in a. (proposed use) operation, provided that the use of such materials and substances is in compliance with all applicable environmental laws and regulations. If such materials and substances are deemed hazardous mqterials or waste, (Tenant/Occupant) must submit d p~an for the proper disposal and. handling of such materials and substances to the Treasure Coast Regional Planning Council which shall review such plan (tne "Plan") in consultation with Indian River County, St. John's Water Management District and the Florida Department of Environmental Regulation. At a minimum, the Plan shall: a. Require disclosure of proposed to be stored, premises; all used, hazardous materials or generated on the b. Require the inspection of premises storing, using or generating hazardous ~ materials or wastes prior to commencement of operation, and periodically thereafter, to assure that approved facilities and procedures are in place to properly manage hazardous materials projected to occur; c. Provide minimum standards and procedures for storage, prevention of spills, containment of spills and transfer and disposal of such materials or wastes; .. ~ . d. Provide for proper maintenance, operation and monitoring of hazardous materials and waste management systems including spill and hazardous materials and waste containment systems; e. Detail actions and procedures to be followed in case of spills or other accidents involving hazardous materials or wastes; f. Guarantee responsibility for financial and physical spill clean-up actions." In addition to the Plan, Developer shall recommend the following practices to all tenants or occupants who propose to store, use or generate hazardous materials or wastes in the operation of their businesses on site: I. MANAGEMENT ACTIVITIES 1. All facilities using, storing, or gener;ating hazardous materials should designate and tr-ain a Facility Safety Officer. The Facility Safety Officer may be a qualified employee of the (tenant/occupant) or a private firm retained to provide such service. 2. The Facility Safety Officer should be exper.j.enced in the field of hazardous material management (spill control, contamination assessment, remedial action, applicable regulations, etc.). .EThe quties of the Facility Safety Officer are as follows: A. Comply with all applicable regulation~ and reporting procedures. . B. Maintain the proper permits for the use, storage, generation, or disposal of hazardous wastes. 3. The Facility Safety Officer should keep available at all times for review by applicable authorities: A. Copies of licenses transport, materials. all applicable operating .permits or relating t:o the storage,: use, disposal or generation of hazardous B. Copies of one of the following 'types of documentation of appropriate hazardous waste disposal: (a) A hazardous waste manifest; .. 4 FEB-01-1996 16:19 TCRPC 407 221 4067 P.02 treOfure ~ COO(t re910nal plannln9 councD December 5. 1995 Mr. Thomas A. Marsicano Vice President Greiner. Incorporated P. O. Box 31646 (33631-3416) 7650, West Courtney Campbell Causeway T amp~ Florida 33607- ] 462 Subject: Boynton Beach ~II Huardoul Materi21s MAnagemeDt Plan (~) I Dear Mr. Marsicano: Attached please find your copy of the Boynton Beach Mall HMMP. The plan Still contains an error on page 5 which was not corrected as per earlier comments. Please ch4nge the post office box number for the District X LEPC from 1429 to 1529. COWlcil staff recommends approval of the HMMP following its revision as referenced above. Please contact me at (407) 221-4060 should you have any questions or require additional information. Sincerely, ~~ltJ Bruce D. Pisani Emergency Coordinator Attacmnents cc: Li bena Scotto tza. ..w. l'toIIttin 0_ ...vd. sun. 20S . p.g. Wl( ..29 palm dtr, IiGr1da :w9tO phane (~ 221~ 5C 209-41UM lax (407) 22'1-4067 FEB-01-1996 16:20 TCRPC 407 221 4067 P.03 ,~..~..- '-'11'" "", ,-,. P.O Jl( J46 (331631-3416) 7650 West Courtne~ Campbell Causeway Tampa, Florlaa 33007-1462 (813)296.1711 . J;AX: (IP 31 287-8591 i , Greiner CI03187.00 December 7. 1995 Mr. Bruce Pisani Treasure Coast Regional Planning Council 3228 SW Martin Downs Boulevard Palm City, Florida 34990 Rre:~ffiIT~~rrn DEe 11 19~5 l!Jj ""', . I 1JEAIUftE COAST ~lONAL ~ ~ COO"'~CIi.. i ! i Reference: Boynton Beach Mall Hazardous Materials Management Plan Dear Mr. Pisani: We arc tran5mitting herewith a revised copy of the above referenced plan for your review and tInal approval. This draft includes the correct post office box for District X LEPC. If you have any further questions regarding the revised draft plan, please give me a call. Sincerely, GREINER,INC. ~ Thomas A. Marsicano Vice President TAM:sas Enclosures xc: Dave Cud, DeBartolo Libc;rta Scotto, Treasure Coast Regional Planning Council Tambri Hayden, City of Boynton Beach 'JiA~~.~]p"'I~"tYfrWCS\WFDOC~"J'OV'NT()N~1\I"t&All~ I')!r; FEB-01-1996 16:20 TCRPC 407 221 4067 P.04 ..-...,. Boynton Beach Mall Ha:zo.rdous Materials Mllllllcement Plan December 1995 The Developer of Boynton Beach Mall recognized the importance of minimizing th~ potential for adverse: impacts of the proposed development on environmental resources and theipublic health which could occur if hazardous materials or wastes are improperly disposed or or handled. Hazardous materials are those constituents found in reportable quantities on-site identified pursuant to 42 use Section 6921 (ReRA); 42 use Section 9602 (CERCLA); 42 use Sectiort 110 let. Seq. (SARA Title III); end Part IV, Chapter 403, Florida Statutes. Hazardous materials may also be defined as materials trun exhibit one or more of the following characteristics: 1. Reactivity 2. Corrosiveness 3. Explo:sivencs5 4. Flammability 5. Toxicity 6. Infectiousness 7. Radioactivity Because the use, storage, generation, or disposal of these materials can crea~ deleterious envirorunental impacts, their use, storage. or generation will be regulated. and their ~sposal within the Boynton Beach Mall project shall be prohibited Improper disposal ofhazardo\18 materials is illegal and carrier penalties outlined in Section 403.727, Florida Statutes. It is anticipated that very few, if any, SII1ll11 shop tenants or major department stores of Boynton Beach Mall or owners of peripheral property will store. use or generate hazardous materials or wastes, and those that propose to do so will be small quantity genera.tors or users of sjuch materials incidental to the business Or service operntc::d. Bct;au:lc thc Dcvc:lo~r will not participate in any of the day-to-day m~'1.agement and operation of the retail or service businesses of Boynton Beach Mall, the proper and lawful handling of hazardous materials will be first and foremost, the fesponsibility of the tenant or occupant who proposes to use such materials. The individuals who oVm or manage these businesses are not only legally responsible for complying with all applicable ~vironmental la~ and regulatio~ they are abo in the be5t position to know their requirement5 for Ithe type:;. and a.rnounts of materials to be used, to establish policies and procedures for the proper handling of such materials, and to train their employees properly fOT all normal operational and emergency procedures. For the vast majority of the tenants of Boynton Beach Ma.ll, the: Dcveloper, as part of its cftbrt to restrict or minimize the potential for adverse environmental impact, shall expressly prohibit the storage, handling, use, sale, generation or release of hazardous materials on the demised premises, common a.reas. or the shoppin2 center. This prohibition shaH be conveyed to those: occupants of Boynton Beach Mall who do not propose to store, use or generate hazardous materials or wastes in SA5:C \()Ff Ir.EIWPWIN\ WPDOCS\BOffiIONIlIAZMA T\IU'T 1 1 95,WPD 1 FEB-01-1996 16:21 TCRPC 407 221 4067 P.05 . ... the operation of their businesses on-site by written notice, or in the lease or other occupancy agreement; 4,.)r in the sale agreement, as applicable. The prohibition shall appaar in lthe following language, or language having substantially similar effcct; , (Tenant/Occupant) shaH not store, handle, use, sell. generate or release either directly or indirectly on the Premises, Common Areas Or Shopping Cent~r, any hn:zardou~ materials or substances or toxic wastes as defined by all applicable provisions of any federal regulations, amendments, updates or superseding legislation to or for the Environmental Prot~ction Act, the Resource Conservation and Recovery Act; the Comprehensive Environmental Response, Compensation and Liability Act of 1980. the Superfund Amendments and Reauthorization Act and all other federal, state and local laws relating in any way to the protection of the environment. For those prospective tenants or prospective purchasers of mall or peripheral sites ~ho propose to store, use or ienerate hazardous materials or wastes in the operation of their busirlesses on~site. language in a written notice, in the lease or other occupancy agreement Or in the sale ~eement, as applicable, shall acknowledge such party's right to U:5c regulated materials in the norlnal operation I of' its particular enterprise provided, however, that the use of such materials complies with all applicable laws and regulations. Additionally, each such prospective tenant or purcJ1aser shall be notified in the appropriate document:1tion of its obligation to prepare and submit a pl~ for the proper disposal and handling of hazardous materials. These obligations shall appear in ~e appropriate document in the following language, or laIlguage having substantially similar effect: "Whereas, the Boynton Beach Mall and peripheral property is subject to the BoyntQn Beach:Mal1 Development Order which requires a plan for the proper manag~ment of hazardous materials: which are stored, generated, used or handled on-site, (Tenant/Occupant) shall ha~e the right to use materials and substances nonnally used in a (proposed use) operation, provided that the use of such materials and substances is in compliance with all applicable environmental laws and re~ulations. If such materials and substances are deemed hazardous mateIials or waste. (T enantlOccupant) must submit plan for the proper disposal and handling of such :materials and ~ubstan'C:::5 to the:: Trea3u:I'(: Coast Regional Planning Council which shall review ~uch plan (the "Plan") in consultation with the City of Boynton Beach, South Florida Water Management District and the Florida Department of Environmental Protection. At a minimum. the Plan shall: 1_ Require disclosure of all haztrdous materials proposed to be stored, used, ot' generated on the premiscs; 2. Require the inspection or premises storing, using or generating hazardous materials or wastes prior to commencement of operation. and periodically thereafter. to assure !hat approved facilities and procedures are in place to properly manage huardollS materialis projected to OCCW"; 3. Provide minimum standards al1d procedures for storage, prevention of spills, containment of spills and tra.'lSfer and disposal of such materials or wastes; SA~ .c: \OI'FlCli'.W'l'WrN\WPOOCS'.II0Y1"l1ONIHl\lil'!" TIltI'T11 ~3. Wf'O :2 FEB-01-1996 16:22 TCRPC 407 221 4067 P.06 , I I 4. Provide for proper maintenance, operation and monitoring or hazardous mateqals and waste management systems including spill and hazardous materials and wast~ containment systems; .5. Detail actions and procedures to be followed in case of spills or other accid~nts involving hazardous materials or wastes; , 6. Guarantee responsibility for financial and physical spill clean-up QCtions." In addition to the Plan, Developer shall recommend the following practices to all tenants or occupants who propose to store, use or generate hazardous materials or wastes in th~ operation of their businesses an site: I, MANAGEMENT ACTIVITIES 1. All facilities using, storing. or generating hazardous materials should desi~te and train a Facility Safety Officer. The Facility Safety Officer may be a qualified employee of the (Tena.ntlOccupant) or fl. privote finn retained to provide such 3eI'Vice. 2. The Facility Safety Officer should be experienced in the field of hazaratous material management (spill control. contamination assessment remedial actio~, applicable regulation~ etc.). The duties of the Facility Safety Officer are as follows; A. Comply with all applicable regulations and reporting procedures. B. Maintain the proper permits for the use, storage. generation. or disposal; of hazardous wastes. 3. The Facility Safety Officer should keep available at all times for review by applicable authorities: I A. Copies of all applicable operating pennits or licenses relating to the: storage, use, transport, disposal or generation of hazardous materials. B. Copies of one of the fol!owini types of documentation of appropriate haiar"dous waste disposal: a. A hazardou...'i waste manifest; b. A bill of ladin~ from a bonded hazardous waste transporter indicating shipment to a licensed hazardous waste facility; or C. A conflnnation of receipt of material from a recycle:, a wa51:c: ~t;hi'1I1ge operation, or their pennitted hazardous waste management facility. SAS,C'IOJ'FlCE\'N!'WOOWl'llOC:S\!lOYNTONIHAZMAT\JU>T I !95.WI'D 3 FEB-01-1996 16:22 TCRPC 407 221 4067 P_07 4. All facilities using, storing or generating hazardous materials should train pe~sonnel in the careful and safe handling, usage, and storage of such materials. i Employees should be familiarized with the potential emergencie5 associated with the hazardous materials as well as with the response procedures required during! emergencies, including the proper use of cleanup equipment and proper disposal techniques. 5. Each such facility should post all emergency procedures including spill contI'r.fl1 procedures, emergency notification telephone nwnbers, first aid proced\tte~, find evacufltion pllUls. II. EMERGENCY RESPONSE All facilities should prepare site specific Em<<gency Response Plans to be actuatt;<f in the event oian improper release of hazardous material. The Emergency Response Plan :sho~d incorporate the following items: ). Names a.',.d phone numbers of parties to be contacted immediately including: A. Emergency Operations (Palm Beach CountylBoynton Beach) - 911 B. Florida State Warning Pont (904)-413-9911 C. Facility Safety Oft1oor D. Mall Manager 2. Response Procedures A. If an emergency occurs, employees should contact the Facility Safety Officer. B. The Facility Safety Officer should contact all applicable emergency response agents listed in Item 1. above. C. If evacuation is required, evacuation should begin immediately. D. If a spill has occurred. the Emergency Response Plan should be implemented immediately. E. If bodily injury occurs, first aid should be administered prior to the arrival of emergency medical service. 3. Reporting Procedures A. In the event of a hazardous materials spill or release, immediately notify: SA5 C"\OFtlCE',WPW!N\WPDOCSIBOYNTONlI-iAZMATIR.!'1'1 IU'vro 4 FEB-01-1996 16:23 TCRPC ~07 221 4067 P.08 a. Emergency Operations by calling 911; and b. Florida State Warcing Point by calling (904) 413 -9911. The emergency notitication must include: a. The chemical name and location of the release; b. An estimate of the quantity released; c. The time and duration of the release; d. The medium into which the release occurred (e.g., air. water) e. Any knO\110 health risks associated with the emergency; f. Precautions taken, such as evacuation; and g. The name and telephone number of the contact person. B. As $oon as practical after a hazardous materials release which requires the immediate notification listed above, the owner or operation of the facility must plfovide "\vntten follow-up notitication to: State Emergency Response Commission 2i40 Centerview Drive Tallahassee. Florida 32399-2100 and District X Local Emergency Planning Committee (LEPC) Post Office Box ] 529 Palm City, Florida 34990 C. The written follow-up notice must, at a minimum, include the following:infonnation: a. Information updating or correcting the original immediate notification; b. Actions taken to respond to and contain the release; c. Any known or anticipated health risks associated Vlith the release: and d. Int'ormation regarding medical attention necessary fo:r exposed individuals. SASI,C"Ol'FICE\\lI1>IVIN\Wl'DOCS\BOYNI'Ol'Nl.AZMA T<lU'T]l ~$, w~['J 5 FEB-01-1996 16:23 TCRPC 407 221 4067 P_09 4. Information Contact List For additional information about hazardous materi~ls or to report a chemical release, the following agencies may be contacted: ; Boynton Beach Fire - Rescue Department 100 East Boynton Beach Boulevard Boynton Beach, Florida 33435 (407) 732-8166 District X LEPC Post Office Box 1529 Palm City. Florida 34990 (407) 221-4060 Florida Department of Environmental Protection, Region IV 1900 South Congress Avenue, Suite A Post Office Box 15425 West Palm Beach, Florida 33416 (407) 433-2650 National Response Center 1 800424-8802 Palm Beach County Division of Emergency Management 3723 Belvedere Road West Palm Beach, Florida 33406 (407) 233-3500 Palm Beach County, All Emergencies - 911 State Warning Point ~ (904) 413-9911 State Emergcmcy Response Commi55ion Hazardous Materials Compliance Section 2740 Centerview Drive Tallahassee. Florida 32399-2100 1 800-635-7179 US Environmental Protection Agency Rcaion IV 345 Courtland Street. Northeast Atlanta, Georgia 30365 (404) 347-1033 S..S(' ",~f IC"'WP\.IIlN\WI'DOC6\S"YN'rO!.lULAZlo.tA TllU'TII9';. wptJ 6 TOTAL P.09 fJ1ie City of 'Boynton 'Beacfi 100 'E. 'Boynton. '1JeDdi. 'Boukvanl P.O. ~310 'Boynton 'Beadi, 1foritfa 33425-0310 City 9fafl: (4fJ7) 375-6000 7"JU: (407) 375-6090 February 22, 1996 Cormac C. Conahan, Esq. Hodgson, Russ, Andrews, Woods & Goodyear 2000 Glades Road, Suite 400 Boca Raton, Florida 33431-7386 Re: Boynton Beach Mall DRIA 95-001 Dear Mr. Conahan: The total processing fee for the Boynton Beach Mall notice of proposed change for the above-captioned submittal is as follows: Staff review Advertisement cost $495.00 455.46 Total Deposit $990.46 -500.00 Balance Due $490.46 Please remit the amount of $490.46 to the City of Boynton Beach for the cost of this review upon receipt. Very truly yours, 7- J'.; . ;"-, ""---. ./ 1!.-7~.4. {'i~ - j- ,,' ,--' t'- . ,./~<' / l ( Tarnbri J. Heyden Planning and Zoning 71 ~ " I . ~v ',,-,/ l tJ Director TJH:dim xc: Central File a:RevCost.BBM ;tmerica s (jateway to tne (julfstream ~ t7 t""" !><. ~ _. ;~fg ~",,:> '-<:: ~ n ~i3~ (Dt:J:jZ en (1) tr:l ~~~ ~g.en S- "" "":> t:J:j~"" (D ..... tr:l ~ ~ g. en 'Tl ~ w w :> ~ I ~ Ch I ,.. ,.. ." ." t::I,g '" ....".. '.~IU l~; .., ::J :!'; e- e-". "..".......... B ...."'!5H;n.. f.t!.1h~':;!~ ::::r", ...., n'.. 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I C/J ;r en o ::l III ~ >;- ::l o ~ 1>< !;:; >~ : >< 1:-0 ~ r'~(: <,; ..... ~~ ~. iR I t ; ,,< '.~'. (~ ~ '-', ~ o .., l' o a. c: (') <1> a. t""" (1) (JQ !::.. c: <1> :::J 'J: :::':> (') ~ 5' ::l ;:.: III .., <1> ::l ~ ~ (') t-< S' ,-+ o ::l :> 0. <: (D ::t _. en S' (JQ - t::l <: o n' (1) z o ,-+ III ~ ~( ~"' (5' - Z (J z '0. '''' io Am,.. ~~e: m-o,.. ~liiz 1:IIr-~ <0- e:s:~ <m ~.~~ ;i~ .- ---; (2)(I)tc 000. .~qol :~~~ .. .. )!.~';: ~o ':0 ~II!"II ~.'Q 0) 'g e:~2:~ ~~;... :i i:g.~ 1-,::1- . :~~2..1 --- ~!.n! ~==' =: ; .""',1 ~ IT:I -. .g.~ ~. . 0_ e:IE ...<-.~ a....,. . =!.5" ~-~l!.~ .~.t,;-,-: ~ ;:~ i:~ !G~i~ :J:r. _ !.:l ;. !: ~.~.. - :;w N""O o!; Zz -z z_ C>:z oC> ~~ :-tg " " Xl @V c;:v;] U1 = I ~ ~-- .,. ~' r; J ~-' MTP Group, Inc. 12798 vv. Forest Hill Blvd., Suite 102 West Palm Besch, FL 33414 Phone: 1407) 795-0678 Telefsx: (407) 795-0230 - .. January 12, 1996 Ms. Liberta Scotto Regional Planner Treasure Coast Regional Planning Council 3228 SW Martin Downs Boulevard, Suite 205 Palm City, Florida 34990 I " ;.! 1 r. .:_"h._, "t~:. ti ,~,_;"; Re: Boynton Beach Mall DR! - NOPe TR'E.AStJRE C4Jp.:....~ .:~~:?:?,:):.~/:,l P"LA~Nlt<~ CGi.ir~Ct:.. Dear Liberta: We have reviewed the traffic information pertaining to the proposed change to the Boynton Beach Mall DR! Development Order. The proposed changes which we have used to base our findings are attached as Exhibit 1. This information was included in a letter from Mr. Marsicano to us dated January 8, 1996. These proposed changes do not appear to create additional traffic impacts. Exhibits 2 and 3 present traffic analysis showing that both a) the intersection of Hypoluxo Road and Congress Avenue, and; b) the interchange of I-95 with Boynton Beach Boulevard, will perform at acceptable level of service at the proposed buildout of this project. These analyses are enclosed for your records since they were not part of the information previously submitted by the applicant. Do not hesitate to give us a call if you need any other information regarding this project. Sincerely. ( I MTP Groub II. c. Maria T. President Attachments C:\MTP\TCIlPC\D3<<l~12.LTR ." Greiner Greiner _ Inc. P.O. B( -- 1646 (33631 -3416) 7650 VIlest Courtney Campbell Causeway Tampa. Florida 33607-1462 (8131286-1711 FAX: (813) 287-8591 January 8, 1996 CI03187.00 Mr. Dan Weisberg Palm Beach County PO Box 21229 West Palm Beach, Florida 33416-1229 ill mJ:N~:J9~m ..-...--.._.__...___''^,....7..~ Reference: Boynton Beach Mall Dear Mr. Wiesberg: This is in response to your letter of December 21, 1995 regarding our Transportation Analysis for the Boynton Beach Mall Project. In response to the two comments contained in your letter, we have prepared the following response information: 1. We have included the 94/95 ADT for Gateway Boulevard west of Congress Avenue (21,119) in a revised Exhibit 3. A copy of the revised exhibit is included. As indicated in your letter, we understand that this roadway will be six laned in fiscal year 96/97. 2. We have also enclosed revised analysis of the intersection of Hypoluxo Road and Congress A venue using two thru lanes on the east and west bound approaches. This revised analysis indicates an acceptable level of service with this revised lane configuration. I If you have any questions regarding the enclosed information, please give me a call. Yours truly GREINER, INC. '4~ Thomas A. Marsicano Vice President TAM:sas Enclosure xc: R. V osper, DPMI L. Scotto, TCRPC T. Hayden, City of Boynton Beach SAS:C:\OFFICElWPWINIWPDOCS\STINSONIBOYNTONlCORRESPO\WEISOI08.95 HCM: SIGNALIZED INTERSECTION SUMMARY Version 2.4 01-05-1996 Center For Microcomputers In Transportation ----------------------------------------------------------------------- ----------------------------------------------------------------------- Streets: (E-W) HYPOLUXO Analyst: PIV Area Type: Other Comment: 1997 PEAK SEASON WITH PROJECT (N-S) CONGRESS File Name: HYPCON.HC9 10-20-95 PM PEAK ----------------------------------------------------------------------- ----------------------------------------------------------------------- No. Lanes V 0 ll.mes Lane Width RTOR Vols Lost Time 1 Eastbound I Westbound 1 Northbound 1 Southbound I L T R 1 L T R 1 L T R I l T R 1---- ----1---- ---- ----1---- ----1---- /2 2 112 2 111 2 111 2 1 I 261 580 1591 307 917 2041 301 670 1981 152 646 226 112.0 12.0 12.0112.0 12.0 12.0112.0 12.0 12.0112.0 12.0 12.0 1 01 01 01 0 13.00 3.00 3.0013.00 3.00 3.0013.00 3.00 3.0013.00 3.00 3.00 Signal Operations Phase Combination 1 2 3 4 I 5 6 7 8 EB Left * INB Left * * * Thru * I Thru * * Right * I Right * * Peds I Peds WB Left '* ISB left * * Thru * 1 Thru * Right * I Right * Peds I Peds NB Right * IEB Right SB Right * IWB Right Green 21.0A 32.0A IGreen 8.0A 11. OA 26. OA Yellow/AR 4.0 5.0 IYellow/AR 4.0 4.0 5.0 Cycle Length: 120 secs Phase combination order: #1 #2 #5 #6 #7 Intersection Performance Summary Lane Group: Adj Sat vlc g/C Approach: Mvrnts Cap Flow Ratio Ratio Delay LOS Delay LOS EB L 643 3505 0.428 0.183 28.3 D 25.2 D T 1045 3689 0.585 0.283 24.5 C R 444 1568 I 0.376 0.283 22.5 C WB L 643 3505 0.503 0.183 29.0 D 33.1 D T 1045 3689 0.923 0.283 36.5 0 R 444 1568 0.484 0.283 23.7 C NB L 412 1752 0.769 0.425 25.1 0 19.4 C T 1335 3725 0.528 0.358 20.0 C R 889 1568 0.234 0.567 8.4 B SB L 228 1752 0.702 0.150 26.7 0 26.8 0 T 869 3725 0.782 0.233 31.1 0 R 693 1568 0.344 0.442 14.4 B Intersection Delay = 26.5 sec/veh Intersection LOS = 0 Lost Time/Cycle, L = 12.0 sec Critical v/c(x) = 0.797 HCM: SIGNALIZED INTERSECTION SUMMARY Version 2.4 01-05-1996 Center For Microcomputers In Transportation ----------------------------------------------------------------------- ----------------------------------------------------------------------- Streets: (E-Y) HYPOLUXO Analyst: PIV Area Type: Other Comment: 1997 PEAK SEASON YITH PROJECT (N-S) CONGRESS File Name: HYPCON.HC9 10-20-95 PM PEAK ----------------------------------------------------------------------- ----------------------------------------------------------------------- No. Lanes Voll.llles Lane Width RTOR Vols Lost Time 1 Eastbound 1 Westbound / Northbound I Southbound IL T R IL T R IL T R IL T R 1---- ---- ----1---- ----1---- ----1---- 12 3 < 12 2 111 2 111 2 1 1 261 580 1591 307 917 2041 301 670 1981 152 646 226 112.0 12.0 112.0 12.0 12.0112.0 12.0 12.0/12.0 12.0 12.0 I 01 01 01 0 13.00 3.00 3.0013.00 3.00 3.0013.00 3.00 3.00/3.00 3.00 3.00 ----------------------------------------------------------------------- Signal Operations Phase Combination 1 2 3 4 I 5 6 7 8 EB Left * INB Left * * * Thru * I Thru * * Right * I Right * * Peds I Peds YB Left * ISB Left * * Thru * I Thru . Right * I Right * Peds I Peds NB Right * IEB Right SB Right * IYB Right Green 21.0A 32.0A I Green 8.0A 11.0A 26.0A Yellow/AR 4.0 5.0 IYellow/AR 4.0 4.0 5.0 Cycl e Length: 120 secs Phase combination order: #1 #2 #5 #6 #7 Intersection Performance Summary Lane Group: Adj Sat v/c g/C Approach: Mvmts Cap Flow Ratio Ratio Delay LOS Delay LOS EB L 643 3505 0.428 0.183 28.3 D 24.8 C TR 1519 5360 0.512 0.283 23.5 C YB L 643 3505/ 0.503 0.183 29.0 D 33.1 D T 1045 3689 0.923 0.283 36.5 D R 444 1568 0.484 0.283 23.7 C NB L 412 1752 0.769 0.425 25.1 D 19.4 C T 1335 3n5 0.528 0.358 20.0 C R 889 1568 0.234 0.567 8.4 B SB L 228 1752 0.702 0.150 26.7 D 26.8 D T 869 3725 0.782 0.233 31.1 D R 693 1568 0.344 0.442 14.4 B Intersection Delay = 26.4 sec/veh Intersection LOS = D Lost Time/Cycle, L = 12.0 sec Critical v/c(x) = 0.797 ----------------------------------------------------------------------- Greiner /- f0) .r I . .r ~ ' ~ \y lJ-.-p Grein'- Inc. P.O. l 31646 (33631 -3416) 7650 West Courtney Campbell Causeway Tampa. Florida 33607- 1 462 18131286-1711 FAX: (8131 287.8591 ~ /J" .- C103187.00 January 8, 1996 j ~r ~~:-'--..-~~..._- .. \. ,. ...r ;;t ,'.;- .,;--.. \, '-~l U. .,. ~. ''''-.' ':':4 ~ . r' ~.. -. . ,~J..' __ .t 1. ,~ _, h. ~_ . ; .;; . . U V"' '<-illJi f ~ a ~.. t' . . tJA~ 2 1995 : ~.' Ms. Maria Palombo MTP Group, Inc. 12798 Forrest Hill Boulevard West Palm Beach, Florida 33414 ~!;aN/"'" C.'T,,-:--'r """"':'\"'11 ..r~_ -..-.-i\." ~ t.,;.. .u~"1t'~ PlA.~Ui~~'~':; C..jt;:"~-:-il Reference: Boynton Beach Mall ~. Dear Maria: Enclosed as Exhibit 1 is the revised Passer III Analysis for the I-95/Boynton Beach Boulevard Interchange. This revised analysis includes the volumes which you discussed with Steve Pivnicki of our office. Also enclosed as Exhibit 2 are marked up copies of Pages 8, 9, and 10 of the Existing Development Order for Boynton Beach Mall. These revised pages indicate the intersection lane geometry that will be included in the Amended Development Order. If you have any questions regarding any of the enclosed information, please give me a call. Yours truly, GREINER, INC. cdL4~ Thomas A. Marsicano Vice President T AM:sas Enclosure xc: R, Vosper, DPMI L. Scotto, TCRPC -- ..- SAS.C'\oFFICElWPWINIWPDOCs\sTINSON\BOYNTONICORRESPOIPALOOI0l.95 ~ EXHIBIT 1 Revised Passer III Analysis SAS.C:\OFFICElWPWIN\WPDOCSISTINSONlBOYNTON\CORRESPOIPALOOIOl,9S <GID01> TEXAS DEPARTMENT OF HIGHWAYS AND PUBLIC TRANSPORTATION DIAMOND INTERCHANGE SIGNALIZATION - 145105 PASSER3 PASSER 111-90 VER 1.0 OCT 90 PPPP AM SSS SSS EEEEE RRRR 1111111111111 P P A A S S S S E R R I I I P P A A S S E R R I I I PPPP AAAAA SSS SSS EEEE RRRR I I I p A A S S E R R I I I p A A S S S S E R R I I I P A A SSS SSS EEEEE R R 1111111111111 * * * * * * * * * * * * GENERAL IDENTIFICATION DATA * * * * * * * * * * * * FREEWAY NAME 1-95 CITY NAME - - boy ton bch DISTRICT NUMBER - - - - - - 4 DATE - - - 01/05/96 ! RUN NUMBER <GID02> * * * · * * * * * * ISOLATED INTERCHANGE OPERATION *. * * * * * * * * * *** PARAMETERS *** NUMBER OF INTERCHANGES LOWER CYCLE LIMIT (SEC) - - 120 UPPER CYCLE LJMIT (SEC) - - 120 CYCLE INCREMENT (SEC) - 0 *** OPTIONS *** OPTIMIZE INTERNAL OFFSETS? NO EVALUATE INTERNAL OFFSETS ? - - YES <IM001A> * * * INTERCHANGE BOYTON BCH B RUN 1 PAGE 2A *.. LEFT-SIDE MOVEMENT DATA ... . . * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * TRAFFIC MOVEMENT VOLUME (VPH) SA TURA TI ON FLOW (VPHG) MINIMUM PHASE (SEC) * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * ARTERIAL RIGHT-TURN 495 1591 STRAIGHT-THROUGH 883 3744 STRAIGHT-THEN-LEFT 472 1872 FRONTAGE ROAD 100i RIGHT-TURN 1591 STRAIGHT-THROUGH 0 0 LEFT-THEN-STRAIGHT 238 3444 LEFT-THEN-LEFT 0 0 INTERIOR LEFT-TURN 189 1n8 STRAIGHT-THROUGH 1541 3744 35 20 35 <IMO01B> · · * INTERCHANGE BOYTON BCH B RUN 1 PAGE 2B ... RIGHT-SIDE MOVEMENT DATA .*. * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * TRAFFIC MOVEMENT VOLUME (VPH) SATURATION FLOW (VPHG) MINIMlII PHASE (SEe) . * * * * * * * * * * * * * * * * * * * * . * * * * * * * * . * * * * * * * * ARTERIAL RIGHT-TURN 360 1591 STRAIGHT-THROUGH 914 3744 STRAIGHT-THEN-LEFT 189 1872 FRONTAGE ROAD 251 ')(.. RI GHT -TURN 1591 STRAIGHT-THRClJGH 0 0 LEFT-THEN-STRAIGHT 627 3444 LEFT - THEN-LEFT 0 0 INTERIOR LE FT - TURN 495 1778 STRA I GHT -.THRClJGH 1121 3744 35 25 35 *J II.", ,to ~ V.::.- ~ ~. t.""' r/' ~ i, \"' ......, ~ l2. .., - ...:~ ~J'- , r' ;~L wo"\.. C'e ^) l' , (' G , '. '..- , . ~ - -I()/l.N ~ .~~-(' "-t ~. f"- i .., .( i ~... i (. ...,.-~ '\ '" f' ' c:" ~ r "1 ., --- <00101> * * * INTERCHANGE BOYTON BCH B RUN 1 PAGE 3 *** INTERNAL DELAY-OFFSET INFORMATION *** . * * . * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * PHASING OPTIMIZE? FORCE? INTERIOR OUEUE STORAGE * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * LEAD-LEAD N 5 THROUGH MOVEMENT AT LEFT SIDE (VEH) 24 LAG -LEAD N 5 LEFT-TURN MOVEMENT AT LEFT SIDE (VEH) 12 LEAD-LAG N 5 THROUGH MOVEMENT AT RIGHT SIDE eVEH) 24 LAG -LAG iii 5 LEFT-TURN MOVEMENT AT RIGHT SIDE eVEH) 12 HI -LEAD iii 5 * * * * * * * * * * * * . * * * * * * * * * * * * . * * * * * * * * * . * * * PERMITTED LEFT TURNS? INTERIOR TRAVEL TIMES * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * *~ LEFT-SIDE INTERSECTION NO RIGHT-SIDE INTERSECTION NO LEFT TO RIGHT (SEC) - RIGHT TO LEFT (SEC) - 11 11 I .' 0lllI n7a~ p, , ~S~ 10. No buiiding pe~it. .hall be i..ued for the Roynton Beech "ell Sub.tential Devietion until contrects heve I~n let for the following roadway l.prov...nt.. A. Construct Old Boynton We.t Roed between "ill- Lery Treil end Lawrence Road a. a four-lene divided roadwey. No Certificate. of Occupancy .hall be l..ued for the Boynton Beach "-11 Sub.tantial Deviation until the i~rove- ..nt. under A above have been co.pleted. With re.pect to the con- struction of the roadway i~roY...nt.. if the Trea.ure Coa.t Re9ional 'lennin9 Council (hereinafter .the -Council-) ..ke. a chan9_ in it. adopted Re9ional Co.prehen.ive Policy Plan (here- inafter the -PianO) which doe. the following. (i) .edifie. it. Level of Service .tandard for the Itevional Itoadway netllft)rk, or (ii) .odifie. the ..thodology utilized to calculate the adopted Level of Service; or (iii) .odifie. the ..thod of calculating background traffic. .uch that if thi. Subatantial Deviation _n being nyi~ under .aid .od1tied policie. none of the ___ roadway illproY_nt. "Ould be required to -intain the lte9ional Roadway Network at the then applicable Council LeYel of Service through project buildout. then thie condition w111 be ,terainated without further action by the City Co.ai..ion or the Council. , 11. No Bu11ding 'eraite .ha11 be i..u.cI for the Boynton Beach Mall Sub.tantial Deviation until contract. have been let to con.truct to the followinv inter.ection confivura- tion.. including signalization .edific.tion. a. warranted by City" County. or Stete criterie. A. H~lo.o Road/Congn.. Avenue Northbound Southbound ONe. one right-turn lene t"O through lene. -e.. left-turn lene. ~ one right-turn lane two through lane. ~ left-turn lane. - 8 - ." OIlS 676~; P..: '~5 Ea.tbound W..tbound one right-turn lana two through l.n.. two left-turn lane. on. right-turn l.n. two through lane. two left-turn l.ne. B. North_.t 22nd Av.nue/Congre.. Av.nu. Northbound Southbound nne rilllht:'~turn 'lane one right/throuvh lane t.wo throuvh 1en.. on. throulllh l.n. on. left-turn lane ona 141ft-turn lane Ea.tbound Ne.tbound one rivht-turn lane one rilllht-turn lane on. through 1an. two through Ian.. 0". left-turn lane one left-turn l.ne C. Old Boynton We.t RO.d/Convr.... Avenue Northbound Southbound one right/throulllh 141... 0... right/through lane two through lan.. two through lan.. ONe --ewer left-turn lane. one l.ft-turn Ian. E..tbound We.tbound ~ -~I,)doll on. righ lan. on. right/through l.ne one through l.n. one through I.... t?~ ~ left-turn I..... 0... left-turn lane o. New IIoynton ".ch'8ouleyard/Congr8.. Ayen... Northbound Southbound 0'" right-turn la... thr.. through 1..... two left-turn l.n.. one right-turn lane .thr8e through la.... two left-turn la.... Ea.tbound We.tbound 0... right-turn lane thr8e through lan.. two l.ft-turn lane. on. righ~-turn lan. three through Ian.. two l.ft-turn lan.. E. Mev Boynton Beach Boul.yard/I-'S We.t Northbound Southbound Not Applic.ble on. right-turn Ian. two l.ft-turn la.... E..tbound one-right turn 1an. thr.. through 1..... ..- ,~o ~ through lan.. OHf; CWo l.ft-turn lan.. W..tbound F. New Boynton Be.ch Boulev.rd/I-9S Ea.t Northbound Southbound one right-turn l.n. two left-turn lane. Not Applicable - , - treQlure co~t regional planniog council A~' -k .~---~~ rrn-~ D:G~~~i~!! PlANNli~G PJD ZON!NG DEPT. December 27, 1995 Ms. Tambri Heyden, Director Planning and Zoning Department City of Boynton Beach P.O. Box 310 Boynton Beach, FL 33435 Subject: Boynton Beach Mall Development of Regional Impact - Review of Proposed Change Dear Ms. Heyden: Enclosed please find a copy of the Florida Department of Transportation letter dated December 21, 1995, in response to a proposed change to the Boynton Beach Mall Development of Regional Impact. Please call if there are any questions. Sincerely, X1JJau~ Liberta E. Scotto Regional Planner Enclosure LES/les cc: David H. Curl, Applicant Thomas A. Marsicano, Greiner Inc. L. Martin Hodgkins, PBC Zoning David Kovacs, PBC Planning Dan Weisberg, PBC Engineering & Public Works Maria Palombo, MTP Group, Inc. 3228 s.w. martin downs blvd. suite 205 . p.o. box 1529 palm city, florlda 34990 phone (407) 221-4060 sc 269-4060 fax (407) 221-4067 -.--.--..--. Board of County Commissioners Ken L. Foster, Chairman Burt Aaronson, Vice Chairman Karen T. Marcus Carol A. Roberts Warren H. Newell Mary McCarty Maude Ford Lee -R~_ ,~ 2 9 loa;.:; i '<...;'\.J\.J L'~:.N,',;,X;:i'.I3n.' peparlment o~ Engineering __.~,-LY.:"c;.;.:LLL::;'::::J):JJJ!:::::J and PublIc Works County Administrator Robert Weisman December 21, 1995 Ms. Tambri Heyden, Director Boynton Beach Planning and Zoning Department 100 E. Boynton Beach Boulevard P.O. Box 310 Boynton Beach, FL 33425-0310 RE: BOYNTON BEACH MALL Dear Ms. Heyden: The Palm Beach County Traffic Division has reviewed the traffic information provided for the modification to the project entitled Bovnton Beach Mall, pursuant to the Traffic Performance Standards in Article 7.9 of the Palm Beach County Land Development Code. The analysis addresses the additional 173,064 square feet of retail, approved in an earlier amendment, with an extended build- out date of 1997. There were two errors found in the traffic study. 1. The traffic vol ume on Gateway Boulevard (NW 22nd Avenue), from Congress Avenue to Military Tail,is shown as 12,682. The actual 94/95 ADT is 21,119. This roadway does not meet Palm Beach County's Traffic Performance Standards. The roadway is programmed to be widened in FY 96/97. 2. The analysis of the intersection of Hypoluxo Road and Congress Avenue shows 3 through lanes eastbound and westbound. Our records indicate that there are 2 through lanes eastbound and westbound. Sincerely, OFFICE Of THE COUN1Y ENGINEER ~ :J+~ Dan Weisberg, P.E. Senior Registered Civil Engineer cc. Liberta E. Scotto, Regional Planner Treasure Coast regional Planning Council File: TPS - Mun. - Traffic Study Review g:\user\dweisber\wp50\tps\boyn58 "An Equal Opportunity - Affirmative Action Employer" @ printed on recycled paper Box 21229 West Palm Beach, Florida 33416-1229 (407) 684-4000 LAWTON cmu:s GOVERNOR DEPARTMENT OF TRANSPORTATION FLORIDA TRANSPORTATION PLANNING OFFICE- DISTRICT 4 BEN G. WATJ'S SECRETARY 3400 Weal Commercial Blvd.. 3rd Floor. Ft. Lauderdale. FL 33309-3421 Te1epbone: (305) 777-4601; Fax: (305) 777-4671 December 21, 1995 Mr. D. Ray Eubanks Planning Manager DEPARTMENT OF COMMUNITY AFFAIRS 2740 Centerview Drive Tallahassee, FL 32399 i; :~ ,.:~, 7' .....; ';'!' <'-. '": ~~~ "'::;'1' '.. '..' ,'., ", , ,'. >' . ..:;~ ._:t' '" .; :'- 1: J H '-' DEe 2 6 1995 :~ Dear Mr. Eubanks: THE/~.,..:.L ' ..:~~:f~S"i :\tG1QNAL SUBJECT: Boynton Beach Mall Development of Regional Impac~~!'~G COUNCIL City of Boynton Beach, Palm Beach County Notification of Proposed Change (NOPC) On December 6, 1995, the applicant transmitted a response to our comments of November 9, 1995. At that time we had stated that the applicant should perform a Passer ill analysis of the I-95/Boynton Beach interchange in order to justify the proposed changes to Conditions lIE and 11F of the Development Order, which would require improvements at the interchange. The applicant has performed a Passer ill analysis for the interchange. The results show that the interchange will operate at an acceptable level of service through 1997 with the existing lane configuration. We therefore have no objection to the proposed change. Please feel free to contact this office if you have any questions. Sincerely, c:1b-k-~ Gu~vo Schmidt, P.E. Distct Plannfug Manager GS:mw cc: , Liberta Scotto- TCRPC Bob Romig Joe Yesbeck John Krane @RECYCLED PAPER DEC-13-199S 12:32 TCRPC ~7 221 4067 P_02 ,";"."", .;,..,r .. ,._.,~ I I I I I r I '<t, J .' A DEVELOPMENT O~ REGIONAL IMPACT ASSESSMENT I REPORT BOYNTON BEACH MAll SUBSTANTIAL DE VIA nON 033 A75 TCRPC BOYMA _ I t~eosure coast regional planning council I i 11: I~ IH ';1 j;' Ji t' i if i i DEC-13-1995 12:32 TCRPC ..4.07 221 4067 P.03 BOYNTON OANAI. ~ -.... .~ - 1Uftalh'~! .-t-?;j---------. (:..::.------_~;-----'\., ,,- j i _ 'J:, \ I ,II , ,i, --:9,'" II ,1.....\. II~ ! J':: I ."'// \, I ',. t I I I 'I ,j , ..._....__...~ -,' .... " \' \." r -" , " I RIT1!NT10N "aNI:! .....RLCllIU.": I J" .... , . ~ I:. I ( "\, I, f i ~. I~ I J "'... " I ..Ji I~~ ( )_~ IV_.H1 1~11 ,,/ I ,,~;/ \ ~ 1.1 ~_ \ ,// \ I I "'----" .....--/ ( I J I' r r. Krru:;l : !:~ I ! \ ':1 I~ I J : i I ~ :~ ' : \ -:::0.. LaTH~~' Ir{.: III ~'i LII! I : - ~'~\il ~- MA....OWj ;~ ::::: I ..~ "MUIIlI NO.... ~.H I ;111 ~tji Q.PO-:111 ! III -.J I ,'rl ! I """DOiiA\ ~ i I I .. I i ~ : QUUfTW! j II: \ ---.J f : Ill"". 1 I I , . I !\., ;1 "- --' -- i ~ I J = - I t I I I I r ~ ~n_,~_ I : ~ ))v leU 1---' 1 " ,-- ',\, j f,r~ ........ I ,., " ~.1 ~ " ' J I , ~' \~ I I 11.J' ,I I ,,' "I I" . " ! ,---- \ ,'" ~'~ \ ~', l I \ \,./ \\\' ! ' '....~ \ '~'........" , J''0 ---------" ,) ~ . ....T. .~.. ~ T I / /-, "I' r //// I I //,' I \ / / I . "','" I r' i I ) \ , - I' .1 .. o h IGC .00 '\! /I:.......c SCAL. IIf II'U'T UT. "r. (OLD BOYNTON RDAD) ~ ( -=1I8 1I0AD Tl:l 100000"TOfI I IPC" _,-va. lL.... ~4t j I eo... NTOM YJEsT FtOAa I i1.EGEND BOYNTON !leACH'MALl. cay 0'1 Boynton Be.c:h.. lItortda : Prt:t.... 8ctllllCll.,. ::a-"s:L~"""Ii'IT ~'1'.".~.~ ~' so::. !O! JU i ;"!:II1~ ~dt~(:l ~rB.0570 ':'iJ:r~'~41C a~~~I"t~la" ~2~.~ja ~~IBI ~e;:rt;lrt~ FlfOleet 1, ;ce,:;oo "'"leo~eCl e~oer.~lon .:)eJ,....e - ~ I ".Illl ~'QI"el 1 ;~-l,~4g SOURCE: ~cynton Beach MAll 5ubst8ntial Deviation ADA THE EDW ARC J. DeBARTOLO COAPOAATtOI'l 1v - ----'f:I. lil II I ::l I~ I I , j : I 1" I! ! r i J ..m' I ~!p ~.. I I I I14A" '" DEC-13-199S 12:33 TCRPC ~7 221 40b7 P.04 - BOYNTON BEACH MALL City of Boynton Beach. Florida \ 5.83 ACRE PltELAND PRESERVE EXISTING LAND USE I COVER EXHIBIi HVW-l: Boynton Beach Mall Pinaland Preserve I I v DEC-13-1995 12:34 TCRPC ~87 221 4067 P.05 rIABITAT. VEGETl\TION'. ~D WILDLIFE Issue CODtinued viabi1ity of the ~ine~&Dd h&Di~a~ OA .it. ia threa~en.4 by the invasion o~ eKo~ie ".4 speoies pro.oted ~y development or the a4jacent ..11. Policy Council policy seeks preservation of enouqh native habi~at so that no more species in the Region will become endangered (Regional Goal 10.2.1). Regional Goal 10.1.4 is to aba.te the degradation of natural areas caused by pest species. Discussion Tne lnaJ.l site is mostly developed except for a 5.83-acre tract o~ pineland in the northwest corner set aside pursuant 'to t.he original Develop11'Jent Order. This remaining natural area is serving two important functions. First, it provides a. SlI1all amount o~ once cOlllJllon habitat. As such, it is utilized by several common species of birds and other s~all anima15. In aClC:U ticn, two small c;opher tortoise burrows were seen during a sta~t visit to the site last fall. Se:cand, the pineland butrers the residenti.al area west of the mall site from tl1e noise, air polluti.on, heat, and visual impacts of the mall. The h.cbita1:. va.lue of this preserve area is compromised in part due to an overgrowth or vines and some exotic plants that have invaded tne pinelana. Managemen~ 0% ttte preserved area to control the vine:;; and remove exotic species would imprave the haJ:iitat vl:llue of t.he pineland. and help ass~re the continued ~urvival Qf thi:5 s1llal~ tract. SUch. action Mi9ht also, however, aecre~~e the utility o~ tne area as a visual butfer unless other action 15 ta:k:en to eMance tne QffeotivenQss of the area as a buffer. Tha developer is proposing to aad a Sears to the ma~l whicn will liQ wi~hin ~hQ currently developed a~4S. H~ever, in order to acccmmodate addi t:.iQnal parkin9, the de.velope:t; i5 proposing to removQ 2.42 +/- acres Qf ~lI!: exi15ting pine area. To minimi.%e thQ amount Qf pineland re:lloveti, tne developer is proposinq to ralooatw and culvert l~teral Canal-23 (L-23) 50 that it lies DQnaath thQ rinq road af the malL Ones this canal is cu1verted, i:t. will Qre.ate an ~dditional .14 +J- acres of land alonq JavQrt StrQQt where ~ines can be planted. The developer i$ propo~ing to rgmOVe the Brazilian pepper from the remaining pineland, replace i1t with slash pine, and to t'lant pines in the! ..xi~1:i:ng sparsely vegetated areas as well. 3 DEC-13-1995 12:34 TCRPC -407 221 4067 P_06 Council pOlicy requires that 25 percent of any. na~ive habitat present on a site prior to development be preserved. This policy is to help prevent any native species' in the Reqion from becoming a species of special concern (1,.e., to provide habitat even for common spe~ies). Prior to development, the site supported 12.3 acres of pine savannah. Thus the proposed preservation of 5.83 acres of the pineland to be zoned as recreational land, is consistent with Council policy. This preserved area should be managed to increase its habitat value and ensure its Viability. When the original Development Ord.er was issue<1 in ~~74 by Palm Beach County, it incluaed tne condition that tne deVeloper was to "preserve tne area ot pine on theSUCjece property." Tne preservation ot that traction ot the original 12.3-acre area still re~ain1n9 is important to the people living next to tne, mall. Copies ot letters received by Council regarding this area can be round in Appendix A. The local government may feel an obligation to preserve more than the J. 41 acres the developer hi!l5 proposed end ~hould not De con5trained by Council I 5 recommendation from providing II. '1reater Qmount: of buffe~ and habit.ot preservation if such ia determined t.o be opproFria~e. This might be done by requiring a parkinq garage, thus eliminating the need to de3~roy the small amount of existing habitat that. remoine on site. Recommenda.tions In an effort to maintain ha=i~a~ for all native species in thQ Region and prevent thiQ site from ac~inq as a source of .~eQd of exotic past species, the followinQ conditions should be incorporated into the Development Order: l. The developer shall preserve no less than 5.83 acres of pil"loland in the northwQst quadrant of the site whose approximate location is shown in Exhibit HVW-l. Preservaticn in perpetuity as a native habitat preserve ar@a shall be assured oy deed restriction for a minimum of 5.83 contiguous acres within that quadrant. 2. Within one year from the effective date of the Development Order and prior to the issuance of certificate (s) of occupancy for any addi tionali square footage constructed pursuant to this Development Order I the followinq must be demonstrated to have occurred ~o the satisfaction of the City of Boynton Beach ~n consultation with Treasure Coast Regional Planning Council: 4 ~. ..,"'......~'".............""''''' "".i.~,J",.,:.....""".....",-".. .""......"Jioor..;.:................ .......~. ......"'....,- ~ ..<::11l'~."....""""'''''''''.'iiI .. ..II""'''':.... .~~........,,<......., .. . . DEC-13-1995 12:35 TCRPC 407 221 4067 P.07 a. all exotic veqetation which occurs in the preGerve areas shall have been removed: b. habitat value of the preserve area shall have been improved by control of vines and appropria~e replan~ing of areas currently dominated by exotic veqetation~ and . c. a plan \l11i.ch includes methods of fundinq for t.he on-qo1ng mai.ntenance and management of t4e native hab1tat preserve area satisfactory to the ci~y of Boynton Beach in consultation with Treasure Coast Regional Plann1ng Council shall have been submitted 'to ))o'th or those entities unless the area. i5 deeded over to tne City of Boynton Beach cr another entity acceptable both to the City and Treasure Coast Regional Planning Council. If owner=hip of the area 1s tranSferred, it must be done so wi th deed restrictions tbat requirE! its preservation ~ a. native habitat area. .3. Prior to oo~encinq construction activity within the parcel containing the preserve, the p~eserve Shall be temporarily fenoed or otherwise delineated to. prevent eonstru~ion equipment from entering the area. 4 . All Brazil ian pepper, Australia.n pine, and Melaleuca On th9 site shall be removed prior to i3~UQnce or a certificate of occupancy for any bull-ding- cCn$tructed pursuant to this Oevelopment Order. These 3pecies shall not be used in lanascapin9. 5 DEC-13-1995 12:35 , TCRPC 407 221 4067 P.08 trec.vure c~t regional plannlnn9 counc December 11, 1995 'Mr. Dan Weisberg, PE Depanmem of Engineering & Public Works Palm Beach County P.O. Box 21229 West Palm Beach, FL 33416-1229 Subject; Boynton Beach Mall Development of Regional Impact (DR!) Notice of Proposed Change (NOPe) - Revisions /J<<.A Dear ~berg: Enclosed is a copy of responses to comments for the: Boynton Bc:~h Malt LlR! NOpe, received December 7, 1995. I have also included copies of correspondence :from M:r. Thomas Marsicano (11-2-95), Mr. Gustavo Schmidt (11-14-95), and MTP Group, Inc. (11-20-95). Please provide comments on this project by December 29, 1995. If you have any questions, please call. Sincerely, X~ Liberta E. Scotto Regional Planner Enclosure 3221 low. martin dowM blvd. lillltw 205 . p.g. box .529 palm c:ny. tIOflGa :14990 ..h_ (407] U4.....0 !Ie 269.4060 fall (.-&'7) 221-.sG67 ,.. DEC-13-199S 12:36 TCRPC 407 221 4067 P.09 ~ , i DEPARTMENT OF TRANSPORTATION I ,...Il.."CII'UIII'....nON t'lAm'm!Q Ql'I'Ice. >>UnlreT .. ,.tH Ci. ."m RtIlIItAII\' FLORIDA 1.4_ CI_ COW'IW'<<* 14O(J w.. C_.al DI..... SttI .......f. fl- 1.PI.n1...., FL S;lQl1.J4l1 T*p~' (:I!I~> '177_1; flu, PO'I -n1."f>71 Mr. D. Ray EubankS Planning Manager DEPARTMENT OF COMMUNITY AFFAIRS 2740 Cenlet'V1ew Drive Tallahassee, I='L 32399 November 14, 1 Q95 ~ TI:.c~JE '~~ - , . ~;ov 1 (3 d. 71.- .~ .~:.~ .-... Dear Mr. EubiUlk.s; 'n;':"I..~':rr::~' ;'iAl '\JS-;iiINl c~.", ,......:.. SUBJECT: Boynton Beach Mall Development of Regionallmpract (DRl) City of Boynton Beach, Palm Death County Notification of Propose4 Change (NOPC) A$ requested by the Trea$ure Coait RegiofJal Planning Council on October 27. 199$. the Department has reviewed the subject Nope. ' , , The Boynton BeaCh Mall DlU was approved (or 1,244,000 sqUiU'C feet of which 1,G71,385 square feet have been eon~tructed and 173,064 square feln n:main to be built. . '1'he proposed chanle would extend the buildout date from December 31, )991 to ~mber 30, 1997, and delete the rBquirement for a number of intersection improvements that ere J'ClClui1'ed under tbe original Deve10pment Order. ! The Deparunent has reviewed the traffic: analysis submitted by the Applicant for the year 1997. and we have the following comments: Condition 11.A. . The Development Order (DO) requires two northbound lefl-tum lanes and ~wo southbound left-turn Janest at the intersectiDIl of HypoIuxo Road and Con&~ss Avenue. 1be traffic lI:lalysis shows that one northbound left-rum lane and one soUthbound lefHum lane will pro\'ide sufficient c:apaei\y tor the year 1997.: Condition 1 LC. . The DO requites onl: ri&hHurn lane, one through lane, and two left-turn lanes on the eastbound approach of Old Boynton West Road and Congress A venue. The traffic IiN.lY$l$ mows that the intersection will have sufficient capacity through the year 1997 with tbe existing. wnfiguration which includes the one through/right lane and one left.turn Iln~. ~LD'" DEC-13-199S 12:36 TCRPC 407 221 4067 P.10 . Mr. D. Ray eubanks November 14, 1995 Pale 2 CondltlOl1 H.P. . Two analyses were conducted for the interchange of Boynton Beach Boulevard and 1-95. The Applicant has performed an operational signal analysis and a critic81 movement Siina1 analysis. assuming that the in1erCbange Operates as a signaliloed interSection. The Boynton Beach Boulcvard/l-95 interchange is a diamond inte.rdlange. A sisnll1ized intersection analysis. u not the appropriate an81y:sisJor a diamond inlel"Cbang.. The applicant will bave to ptri'orm " Passer ill :an.alysis tor the il1aetd1an;c 10 justify any ch~es in the Development Order at this looation. In adUltlon lhe volumes fgr tb: two analYK':5 do no' ma~h. The volum~ for the operational analysis are too low. Tne volumes for the crItical movement anal~sis are mare realistic. We reque5t that the appliCllll document the existing counts, and the calculations used to arrive at the 1997 volumes used for the analysis. . We bave no objections to the proposed changes in Conditions 1l.A, and B.C. The Applicant bas notju&ufied any changes: to Condhion 11 .P. Please feel free to OOl1tact this office if )'ou have MY questiOM. Sincerely I GS:mw cc: Uben.a Scouo- TCRPC Bob Romie Joe Y~k John Krane DEC-13-1995 12:37 TCRPC 407 221 4067 P.12 I I improvements including locations, square footage, number of units; and other major charaderistics or components of the proposed change; I , The specific language proposed to implement the change requested herf.:(in is included in the draft Development Order Amendment Conditions provided as Appendix c. I , b. An updated legal description of the property, if any project a~reag~ blhas been added or deleted to the previously apprOVed plan 01 development~ No Change c:. A proposed amended developmcDt order deadliae {(It" commentiing physical development otthe proposed changes, if applicable; No Change d. A proposed amended development order termination date tha~ rea,oaably relleets the time reqUil'ed to complete tbe development; I No Change e. A proposed amended development order date until which the local:governmcut agrees that the ebanges to the DR! shall not be subject to dO'WD~oning, unit density redut'tion, or intensity reduction, if applicable; and No Change I f. Proposed amended development order specifications for tbe annual report, including the date of submission, cOlltents, llnd parties to whom the report is submitted as specified in Subsection 9J.2.025 (7), F.A.C. No Change 8A6:(;','OFFl<Fo_WPl>OClNKlYHTCNINOI'C1<!l9S\APl'lJCAT, _I), ,~ J1/01t9S I Condition llB - Gateway Boulevard (Northwest 22nd Avenue) 4nd Coniress I ! I I I DEC-13-199S 12:38 TCRPC . Avenue. Northbound 1 right 1 right 1 through 3 through 1 left 2 left Southbound 1 right 1 tluoughlright 1 tlrrough 2 through 1 left 2 left Eastbound t right 1 right 1 through 2 through 1 left 2 left Westbound I right 1 right 2 through 2 through qeft 2 left . Condition ue ~ Old Boynton Road and Congress Avenue. Northbound 1 right 2 through 2 left 1 through/right 2 through 1 left WI' _ VI ~RUIM;\IiOYNTON\TlU'MM'~EPOa.T DC'" 4 407 221 4067 Pol3 II!QI,~ DEC-13-199S 12:38 TCRPC 407 221 4067 P_14 Southbound 1 right 2 through 1 left 1 through/right 2 through 1 left Elldbound 1 right t through 2 left I through/right 1 through 1 left Westbound 1 right 1 through 1 left 1 through/right I through 1 left · Condition llD a Boynton Beach Boulevard and Con~ress Avenue. i;~~~~:~~~~;:~~:~~~~~:~~~~:j~~~~~;:::~:.;~~~!~:;~~~~1~~~~t.i~~~~~;. ..I,.~-....3""~~I,..."t'''''''''''m~it 1.....:.:.'.I:,.."':.~.~:.,.:s.:..~~:.~, :;;:~';:'>::-:~:~~~~:X_'~:'::~<~::-::' ..: . :.: ::.,., '. . .. ': _ . .:. . .'.,.l.....,:-::::~:~:.;.::::_~::' ~~:. ;:~ ";"~ Northbound 1 right 3 through 2 left Southbound 1 right 3 through 2 left I right 3 through 2 left 1 right 3 through 2 left Eastbound 1 right 3 through 1 through/right 3 through WJ1I., WPJitQ\M :'BOYNTON\TRFMM\IUiIIOIlT .DC.\ ; 1I"'1/J~ DEC-13-199S 12:39 TCRPC 407 221 40b7 P_1S :;.jii;j:;,i~:':':1:i'~,:rij:ij,"ii~jiii::;;:'::::;:i::;j::;:::i:,;':: 1;~]~:~~;!~:~~:~I~;~~~~~,i~:~:~~~~;fj~iiiiiii~~~jr~~j~~~i:j;;\~;::~1~~~~~:~~:~~1Hj~ 2 left 2 left Westbound I right 1 niht 3 thrQugh ... through .) 2 left 2 left . Condition l1E - Boynton Beach Boulevard and 1-95. Northbound 2 left 2 left 1 right 1 right Southbound 2 left :2 left 1 right 1 right Eastbound 2 left ] left 3 through 2 through 1 right 1 right Westbound 2 left I left 3 through 2 through 1 right 1 right As shown above, Condition 10 has been met and Conditions 11 A through 11 E have been met for the most part. The intersections in Conditions llA and 11 C have been improved with different Ill1lee.ge thtul identified in the Development Order- Condition lIE has been satisfied by a diversion WP _WPRO\M:\80Y1'lT[)NVrR!'l.IM\l\E>ORT.DCA. 6 DEC-13-199S 12:39 TCRPC 407 221 4057 P.15 Proposed Revisions to Development Order Conditions Contamed in City of Boynton Beach Resolution R91..37 i i A_ Change~ to Recitals, Findings of Fact and Conclusions of Land to be Provide~ by City, as appropnate. ; i I B. Proposed revisions to "ConditioILS of Development Order as Amended.' are as follows: I · Condition 1 through 6.A., inclusive - No Chanie . Condition 6.B. - Eliminate · Condition 7 through 10, inclusive - No Change · Condition 11 - A. Hypoluxo Road/Congress Avenue North Bound One Right-Turn Lane Two Through Lanes ~e:ft- Turn Lane South Bound One Right- Tum Lane Two Through Lanes ~cft-Tum Lane East Bound One Right-Turn Lane Two Though Lanes Two Left Turn Lanes Wcw eound One Right- Twn Lane Two Through Lanes Two Left Tum Lanes B. No Change c. Old Bo.ynton West Road/Congress Avenue North Bound One Right-Turn Lane Two Through Lanes One Left-Turn Lane I I South Bound i One RighVThrough Lan~ Two Through Lanes . One Left. Turn Lan,e East Bound One Throui~b~ Lane One Through Lane ~ Left-Tum Lane West BOWld One Through/Right Lane One Throufjh Lane One Left. Tum Lane D_ No Change E. New Boynton Beach Bou1e\l-ardJI-95 West SA.~:C\OI'FIC~WI'\\Il"'\WI'DOC5'.IlOYril"ON'No!'C lQ9SlPllo.REi.'l WPD 11/01195 DEC-13-199S 12:40 TCRPC 407 221 4067 P_17 ., - I I MTP: Group" Inc. t 2798 W. Fofflllt H.~ Blvd., Suite 102 West PsJm Belich, Fl. 33414 "flCm.: (407) 7S!J-GtJ7lJ TBlsflilX1 (407) 735-4;230 lit November 20, 1995 1" ..... i~ ~i C7 n ~ r-=- I.N!r.,: .Ut wrl'. lr-\I' ~ ; k. ~~.. w" ~. . n. ~....r l; L, 'I'. ~~":,:' " :! ""r..,.:., ", f; NOV 22 1995 '_:J Thomas A. Marsicano, AICP Vice President Greiner, Inc. P.O. Box 31646 (33631-3416) 7650 West Courtney Campbell Causeway Tampa, Florida 33607-1462 TREASURE COAsT ~IGNAl PlANNING COUNCIL Re: Boynton Beaeh Mall DRI Notice of Pro~d ChaDp Dear Mr. Marsicano: I I We have reviewed the -Boynton Beach Mall ExPBllsion Traffic Study" p~ by your company dated October 1995 supporting an extension to the buildout date for the project. The proposed buildout extension is for a total of six years. This extension is presumedlnot to create a substantial deviation. i I I We have found the information submitted in the tr.lffi.c study insufficient I to make a determination. In order to complete our review, we rcquC$t the following infonn~on: I i · Provide a copy of the calculation of turning movements for the year 2000 at the following locations: . - Hypoluxo Road and Congress Avenue intersection, - Old Boynton and Congress Avenue intersection, and - Boynton Beach Boulevard and I-~ interchange. These calculations should include as a minimum existing traffic, background growth and project traffic. · Provide an analysi3 of the interchange of 1.95 with Boymon Beac~ Boulevard. The Florida Department of nansportation has requested a Passer 1Il1 analysis. This methodology is acceptlble. . Provide a queue analysis to determine the required storage length for: the left turn movements from Boynton Beach Boulevard into the 1-95 mmps. The existing 5tomge length may not be adequate: in the year 2000. DEC-13-199S 12:40 TCRF'C 407 221 40b7 P.18 i i ThOmas A. Mlusicaao. AlCP I No~mber 20, 1995 I I Page 2 of 2 I Do not hesitate to give us a call at (407) 795-(1678 if you have any Questions. Sincerely, Maria T. Palombo, P.E. President C.: ~fJ J~'~,;'FCIlP-C I c:~TCIJIC\D36IIJll.I.n I I TOTAL P.18 DEC-13-199S 12:37 TCRPC 407 221 4067 P.ll C,ei"or. Inr- ~ 1- P.O. BOl( 31 .. (33831-34161 7650 West Courtney qampbell Cau!ieway Tampa. Florida 336071-1462 (813) 286-171 T ! FAX: \81:3) 287-B5911 I I , , Greiner C103187.00 November 2, 1995 ~ P t? r.r '1" ':";' ',"" tH ~ !!}l ";',;&:~; ~.-::""1. ,',.;" .1_. ~ ~.~ r I.', ,. . . c.,.. .. . '... ,. '. ~ ' ',. '....., ..... ! ','- ..~ ,. ,;i " . . - .' " LL ,'~ '.,j! r~C\! tl-::::> Ms. Liberta Scotto Treasure Coast Regional Planning Council 3228 SW Martin Downs Blvd. Suite 205 Pahn City, Florida 34990 , , lIIf'1t'I1-"~"~ir',.... ,..,...",\. ..~. _,. "'~~',"_., I i\~;!~.;t 1;;,;;."l'iMO. I I I Boynton Beach MaJI I Notice ofProP"'""l Change to. Prnlously Approved Developm.nt oftionlmpa.. . Reference: Dear Liberta: Thank YOU for your early comments regarding the above Nope Application_ Enc.losed hekwith are the revised p88es which respond to the comments we discussed yesterday. 1) Application Fonn - The fifth page of the Application Form has been revi~d to indi(".atc "no change" in the response to questions 13c, d. and c. 2) I We have revised pages 4, 5j and 6 of the Trame Study to make the approach lane requirements under the "Condition'.l1eading consistent with those under the 6orresponding conditions of the current amended Development Order. 1 3) The first page of Appendix C has been revised to correct a typographicdl errOr under Condition IIA. and to underline the word "one" in Condition J Ie North Bbund left-turn lane requirement. Each ofthe revised pages includes 1he date November 1, 1995 in the lower right comer. We understand that you have not yet received comments from other review agencies orithe Region's transportation consultant. Please forward comments from the other reviewers to us as you ! receive them so we may complete the review process a5 soon as possible. Sincerely, GREINER, INe, ~~ Thomas A. Marsicano Vice President / , \ ., , ,.. AM.:salO ._ ,..,'-" :, I ,.,~.' !,.,,.. ... ~ \ .. xc: Tambri Hayden, City of Boynton Beach - .\ Florida Depamnent of Community Affairs "4.S;::C::\OR='U::~Wl'WJW\W'PDOC8\8OY)JT~OI'C 1000$'1,SCOTl ~Q.2. 'PS 100 'E. 'Boynton 'Beadr. 'BoulerMn{ P.O. 'Bo~310 'Boynton 'Bead;', 1'foritia 33425-0310 City 1fafl: (407) 375-6000 1'5U: (407) 375-6090 November 22, 1995 Mr. Dan Weisberg, Senior Engineer Palm Beach County Traffic Division Department of Engineering and Public Works P. o. Box 21229 West Palm Beach, Florida 33416-21229 RE: Notice of proposed change to traffic conditions of Boynton Beach Mall D.R.I. development order. Dear Mr. Weisberg: Enclosed is a request that the City has received from DeBartolo Properties Management, Inc., developer of the Boynton Beach Mall, to change, among other things, the traffic conditions of their 1991 D.R.I. development order. You will recall that the development order in 1991 was in response to a substantial deviation to the Boyn ton Beach Mall D. R. I. to add an addition to the mall for a Sears Department Store. Al though Sears has since moved into existing mall space that was previously occupied by Jordan Marsh, the developer is interested in activating and fulfilling the condit~ons of the 1991 development order to pursue construction of the addition for a different (at this time un-named) department store. The developer's new traffic study is in Appendix B of the enclosed document. I draw your attention to Appendix C (specifically condition II) which outlines the proposed changes to the 1991 traffic conditions, as well as pages 8, 9 and 10 of Appendix A (the 1991 development order), and lastly to item 5 (page 2) of the "notice of proposed change" application which summarizes the proposed changes. Please review these sections and provide a written response to me indicating acceptance of the changes, the need for any additional information or revisions to the wording that the developer has requested the City to incorporate and adopt into a new development order. I apologize for the delay in getting this to you. anything I can do to assist you in expediting a Wednesday, December 6, 1995, please call me. If there is response by S)4-cerelY, L6J0ylllCvJIL "';:';7..,-' Ta4'nbr~ J. Heyden Plannlng and Zoning Director TJH:arw Enclosure Jllmemas (jauway to tlU (juifstream c:welgbet"'~.t-;!l Greiner Greiner. '-. P.O. Box 346 (33631-3416) 7650 West Courtney Campbell Causeway Tampa. Florida 33607-1462 (813) 286-1711 FAX: (813) 287-8591 CI03187.00 November 28, 1995 ~D: ~_O~ ~ wi Mr. Bruce Pisani Treasure Coast Regional Planning Council 3228 SW Martin Downs Boulevard Palm City, Florida 34990 t.._ PLANNING AND lONING DEPI Reference: Boynton Beach Mall Hazardous Materials Management Plan Dear Mr. Pisani: We are transmitting herewith a revised copy of the above referenced plan for your review and final approval. This draft incorporates each comment included in your letter of November 14, 1995. If you have any further questions regarding the revised draft plan, please give me a call. Sincerely, GREINER, INC. TAM:sas Enclosures xc: Dave Curl, DeBartolo Liberta Scotto, Treasure Coast Regional Planning Council Tambri Hayden, City ofBoy~ton Beach SASC:IOFFlCEIWPWINlWPDOCSIBOYNTONIHAZMA TlPISA 1106 95 Boynton Beach Mall Hazardous Materials Management Plan November 1995 The Developer of Boynton Beach Mall recognized the importance of minimizing the potential for adverse impacts of the proposed development on environmental resources and the public health which could occur if hazardous materials or wastes are improperly disposed of or handled. Hazardous materials are those constituents found in reportable quantities on-site identified pursuant to 42 USC Section 6921 (RCRA); 42 USC Section 9602 (CERCLA); 42 USC Section 1101 et. Seq. (SARA Title III); and Part IV, Chapter 403, Florida Statutes. Hazardous materials may also be defined as materials that exhibit one or more of the following characteristics: 1. Reactivity 2. Corrosiveness 3. Explosiveness 4. Flammability 5. Toxicity 6. Infectiousness 7. Radioactivity Because the use, storage, generation, or disposal of these materials can create deleterious environmental impacts, their use, storage, or generation will be regulated, and their disposal within the Boynton Beach Mall project shall be prohibited. Improper disposal of hazardous materials is illegal and carrier penalties outlined in Section 403.727, Florida Statutes. It is anticipated that very few, if any, small shop tenants or major department stores of Boynton Beach Mall or owners of peripheral property will store, use or generate hazardous materials or wastes, and those that propose to do so will be small quantity generators or users of such materials incidental to the business or service operated. Because the Developer will not participate in any of the day-to-day management and operation of the retail or service businesses of Boynton Beach Mall, the proper and lawful handling of hazardous materials will be first and foremost, the responsibility of the tenant or occupant who proposes to use such materials. The individuals who own or manage these businesses are not only legally responsible for complying with all applicable environmental laws and regulations, they are also in the best position to know their requirements for the types and amounts of materials to be used, to establish policies and procedures for the proper handling of such materials, and to train their employees properly for all normal operational and emergency procedures. For the vast majority of the tenants of Boynton Beach Mall, the Developer, as part of its effort to restrict or minimize the potential for adverse environmental impact, shall expressly prohibit the storage, handling, use, sale, generation or release of hazardous materials on the demised premises, common areas, or the shopping center. This prohibition shall be conveyed to those occupants of Boynton Beach Mall who do not propose to store, use or generate hazardous materials or wastes in SAS:C:\OFFlCE\WPWINlWPDOCSIBOYNTONIHAZMA 1\RPT I I 95.WPD 1 ..... ~ the operation of their businesses on-site by written notice, or in the lease or other occupancy agreement, or in the sale agreement, as applicable. The prohibition shall appear in the following language, or language having substantially similar effect: (Tenant/Occupant) shall not store, handle, use, sell, generate or release either directly or indirectly on the Premises, Common Areas or Shopping Center, any hazardous materials or substances or toxic wastes as defined by all applicable provisions of any federal regulations, amendments, updates or superseding legislation to or for the Environmental Protection Act, the Resource Conservation and Recovery Act, the Comprehensive Environmental Response, Compensation and Liability Act of 1980, the Superfund Amendments and Reauthorization Act and all other federal, state and local laws relating in any way to the protection of the environment. For those prospective tenants or prospective purchasers of mall or peripheral sites who propose to store, use or generate hazardous materials or wastes in the operation of their businesses on-site, language in a written notice, in the lease or other occupancy agreement or in the sale agreement, as applicable, shall acknowledge such party's right to use regulated materials in the normal operation of its particular enterprise provided, however, that the use of such materials complies with all applicable laws and regulations. Additionally, each such prospective tenant or purchaser shall be notified in the appropriate documentation of its obligation to prepare and submit a plan for the proper disposal and handling of hazardous materials. These obligations shall appear in the appropriate document in the following language, or language having substantially similar effect: "Whereas, the Boynton Beach Mall and peripheral property is subject to the Boynton Beach Mall Development Order which requires a plan for the proper management of hazardous materials which are stored, generated, used or handled on-site, (Tenant/Occupant) shall have the right to use materials and substances normally used in a (proposed use) operation, provided that the use of such materials and substances is in compliance with all applicable environmental laws and regulations. If such materials and substances are deemed hazardous materials or waste, (Tenant/Occupant) must submit plan for the proper disposal and handling of such materials and substances to the Treasure Coast Regional Planning Council which shall review such plan (the "Plan") in consultation with the City of Boynton Beach, South Florida Water Management District and the Florida Department of Environmental Protection. At a minimum, the Plan shall: 1. Require disclosure of all hazardous materials proposed to be stored, used, or generated on the premises; 2. Require the inspection or premises storing, using or generating hazardous materials or wastes prior to commencement of operation, and periodically thereafter, to assure that approved facilities and procedures are in place to properly manage hazardous materials projected to occur; 3. Provide minimum standards and procedures for storage, prevention of spills, containment of spills and transfer and disposal of such materials or wastes; SAS:C:\OFFICE\WPWIN\WPDOCSIBOYNTONIHAZMA l\RPTI195.WPD 2 4. Provide for proper maintenance, operation and monitoring or hazardous materials and waste management systems including spill and hazardous materials and waste containment systems; 5. Detail actions and procedures to be followed in case of spills or other accidents involving hazardous materials or wastes; 6. Guarantee responsibility for financial and physical spill clean-up actions." In addition to the Plan, Developer shall recommend the following practices to all tenants or occupants who propose to store, use or generate hazardous materials or wastes in the operation of their businesses on site: I. MANAGEMENT ACTIVITIES 1. All facilities using, storing, or generating hazardous materials should designate and train a Facility Safety Officer. The Facility Safety Officer may be a qualified employee of the (Tenant/Occupant) or a private firm retained to provide such service. 2. The Facility Safety Officer should be experienced in the field of hazardous material management (spill control, contamination assessment, remedial action, applicable regulations, etc.). The duties of the Facility Safety Officer are as follows: A. Comply with all applicable regulations and reporting procedures. B. Maintain the proper permits for the use, storage, generation, or disposal of hazardous wastes. 3. The Facility Safety Officer should keep available at all times for review by applicable authorities: A. Copies of all applicable operating permits or licenses relating to the storage, use, transport, disposal or generation of hazardous materials. B. Copies of one of the following types of documentation of appropriate hazardous waste disposal: a. A hazardous waste manifest; b. A bill of lading from a bonded hazardous waste transporter indicating shipment to a licensed hazardous waste facility; or c. A confirmation of receipt of material from a recycle, a waste exchange operation, or their permitted hazardous waste management facility. SAS:C:\oFFICEIWPWIN\WPDOCSIBOYNTON\HAZMA l\RPTI195.WPD 3 4. All facilities using, storing or generating hazardous materials should train personnel in the careful and safe handling, usage, and storage of such materials. Employees should be familiarized with the potential emergencies associated with the hazardous materials as well as with the response procedures required during emergencies, including the proper use of cleanup equipment and proper disposal techniques. 5. Each such facility should post all emergency procedures including spill control procedures, emergency notification telephone numbers, first aid procedures, and evacuation plans. II. EMERGENCY RESPONSE All facilities should prepare site specific Emergency Response Plans to be actuated in the event of an improper release of hazardous material. The Emergency Response Plan should incorporate the following items: 1. Names and phone numbers of parties to be contacted immediately including: A. Emergency Operations (Palm Beach County/Boynton Beach) - 911 B. Florida State Warning Pont (904)-413-9911 C. Facility Safety Officer D. Mall Manager 2. Response Procedures A. If an emergency occurs, employees should contact the Facility Safety Officer. B. The Facility Safety Officer should contact all applicable emergency response agents listed in Item 1. above. C. If evacuation is required, evacuation should begin immediately. D. If a spill has occurred, the Emergency Response Plan should be implemented immediately. E. Ifbodily injury occurs, first aid should be administered prior to the arrival of emergency medical service. 3. Reporting Procedures A. In the event of a hazardous materials spill or release, immediately notify: SAS:C:\OFFICElWPWlN\WPDOCSIBOYNTONIHAZMA l\RPT 1195.WPD 4 a. Emergency Operations by calling 911; and b. Florida State Warning Point by calling (904) 413-9911. The emergency notification must include: a. The chemical name and location of the release; b. An estimate of the quantity released; c. The time and duration of the release; d. The medium into which the release occurred (e.g., air, water) e. Any known health risks associated with the emergency; f. Precautions taken, such as evacuation; and g. The name and telephone number of the contact person. B. As soon as practical after a hazardous materials release which requires the immediate notification listed above, the owner or operation of the facility must provide written follow-up notification to: State Emergency Response Commission 2740 Centerview Drive Tallahassee, Florida 32399-2100 and District X Local Emergency Planning Committee (LEPC) Post Office Box 1429 Palm City, Florida 34990 C. The written follow-up notice must, at a minimum, include the following information: a. Information updating or correcting the original immediate notification; b. Actions taken to respond to and contain the release; c. Any known or anticipated health risks associated with the release; and d. Information regarding medical attention necessary for exposed individuals. SASC.IOFFICEIWPWINIWPDOCSIBOYNTONIHAZMAnRPTI19S WPD 5 4. Information Contact List For additional information about hazardous materials or to report a chemical release, the following agencies may be contacted: Boynton Beach Fire - Rescue Department 100 East Boynton Beach Boulevard Boynton Beach, Florida 33435 (407) 732-8166 District X LEPC Post Office Box 1529 Palm City, Florida 34990 (407) 221-4060 Florida Department of Environmental Protection, Region IV 1900 South Congress Avenue, Suite A Post Office Box 15425 West Palm Beach, Florida 33416 (407) 433-2650 National Response Center 1 800 424-8802 Palm Beach County Division of Emergency Management 3723 Belvedere Road West Palm Beach, Florida 33406 (407) 233-3500 Palm Beach County, All Emergencies - 911 State Warning Point - (904) 413-9911 State Emergency Response Commission Hazardous Materials Compliance Section 2740 Centerview Drive Tallahassee, Florida 32399-2100 1 800-635-7179 US Environmental Protection Agency Region IV 345 Courtland Street, Northeast Atlanta, Georgia 30365 (404) 347-1033 SAS:CIOFFlCEIWPWINIWPDOCSIBOYNTONIHAZMA TlRPT 1195. WPD 6