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LEGAL APPROVAL ...-:: MINUTES - REGULAR CITY COMMISSION MEETING BOYNTON BE~CH, FLORIDA DECEMBER 19, 1989 topic would still have to go to the County Commission and the MPO. They had agr.eed to do a destination and origin study. Further comments were made about Co-Tran and the $525.000 to be applied by the applicant to the transit system and obtaining grants from the State and Federal governments. In the end, over $1.000.000 woUld exist for the transit service. Mayor Moore commended the applicant for his per~everance and patience in this matter. He hoped the other governmental agencies involved would support the plan to get thi3 faci- lity in Boynton Beach. Commissioner Wische thanked the applicant for being flexible and working this out to everyone's satisiaction. Roger Saberson. who represents Treasure Coasc Regional Planning Council was allowed to address the Commission even though this was .not a Public Hearing. He had spoken to the Regional Planning Council staf;: \lho had been in touch wi'i:.h City staff and City staff had been advised that if the Commission adopt~ what has been presented. in its present form. the Regional Planning Council staff would be recom- mending to the Regional Planning Council a DRI Appeal of the Order. A number of issues. in their opinion, have noc been adequately addres~ed. Traflic was one oi these issues. Vice Mayor Olenik moyed to ap~rove the amended site plan to allow for the department dtore at the Boynton Beach Mall. Norman Gregory asked if citizens would be allo~led to express their views as it relates to thi~ project and Co-Tran. He had been asked to represent t\1O local transit companies. that had been trying to contact Co-Tran and had been tracking eventd at Treasure Coast over the months. They leel they also have an alternative to perhaps a more compre.. hens~ve program than that which is being submitted by the DeBartolo people. Beiore anyone approves this. they would li~e to have an opportunity to speak with these people. Mr. Gregory seated under the regulations. tlhen there is a private bus line that is willing. it precludes any of the governmental agencies from participating. They would like to be able to demonstrate that they are able, ready and willing to take on the transit system. Mr. GregorI remarked it was being stated that perhap~ these State and Federal funds are the exclusive right of Co-Tran and thi3 is not factual. Discussion transpired. Mr. Conahan remarked they would be happ~ to talk to these local companies to see what could be accompliShed. Their goals are the same. If this is done through Co-Tran or th.c::'ough a private system. they \lould" be happy to di3Cuss this. 8 ..J ... ,., .-.:: ( MINUTES - REGULAR CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA DECEMBER 19, 1989 BIDS None. DEVELOPMENT PLAN .. A. Project Name: Agen t : Ouner: Boynton Beach Mall - Sear$ Addition (Po$tponed to December 19, ~989) Cormac Conahan, Esq. Boynton-JCP Assoc., Ltd - Lake Worth Drainage District North Congress Ave. at Old Boynton Rd., norehuest corner SITE PLAN MODIFICATION: Request for an amended site plan and amended Development of Regional Impact development orde~ to allow for the addition of a 134,526 sq. ft. de- partment 'store and a change in parking lot layout and design. Location: Description: Co~mac Conal1an, Attorney for Boynton-JCP AS5oc., Ltd_ addressed the Commission and provided a history of what had taken place since May, 1989. There were three items that the Region. in its rev~ew, had deter&\ined needed to be looked at again. namely, draipage. preservation of the trees in the northwe~t corner of the site and trafiic. Mr. Conahan made comments on the~e three topics. Relative to the traffic issue. Mr. Conahan noted they had proposed that a mass transit alternative be explored that would call for the developer to contribute $300,000 with matching funds that would hopefully bring about a bus system that would relieve impacted rOad\lays. This had been approved conceptually. but the Commission was desirous of seeing the language prior to final approval. The Development Order before the Commission provides for saving allot the pine trees. It also provides that instead of a $300.000 contribution to a mass transit alternative. that the applicant will fund up to $525,000 towards that alter- native, Hot for three years. but for five years. With respect to the drainage items. all of the recommendations of the Region are incorpo~ated therein. Mr. Dick Greco made remarks a~out required parking spaces and applying for a variance from the City in this regard. No pine trees will be removed and the Javert Street ',all will be redone as shown in the original plan. ..~ Regarding the transit system. Mr. Greco stated they still had not come to a total conclusion and he remarkeu this 01 EXHIBIT ~., 7 ~ (< ( MINUTES - ~EGULAR CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA DECEMBER 19. 1989 Mr. Greco stated they ~ad been working on this for months. Relative to the private lined. he stated. "We're not excluding them in any way". They would continue talking to the Region about this problem. Comments were made about the County having to approve or disaprove the arrangements. Commissioner Wische seconded the motion currently on the floor. The motion carried'4-0. Proposed Resolution No. 89-UUU Re: Amend1ng Development O~der - Proposed Sears Store Commissioner Weiner moved to approve Resolution 89-UUU. Vice Mayor Olenik seconded the motion which carried 4-0. Later in the meeting, Mayor Moore stated he wished to recognize and express the appreciation of the City for the efforts of Mrs..'Rossi. Mrs. Durandp, Mrs. Martin and par- ticularly Mr. Boyar. Mr. Boyar had come up with a plan which solved the drainage program and saved the pine trees. PUBLIC HEARINGS A. The I~land Pond Annexation, Rezoning and Land Use Amendment Application had been uithdrawn at the appli- cant's request. " B. . Project Name: Agent: Owner: Location: Description: Boynton Nurserie3 Roger G. Saberson, Esquire Boynton Nur~eries La\lrenCe Road REZONING: Request to show annexed land as "T..ow Densi ty Residential" and to rezone from AR (Agricultural Residential) in Palm Beach County to AG (Agriculture) to allo~1 for a future rezoning to a residential zonlng category. Jim Golden. Senior Planner, noted a correction should be made to the Agenda as this is a Land Use Element Amendment and Rezoning. It was advertised a3 both. Mr. Golden read material from Ti~ Cannon. Interim Planning Director's December 5. 1989 memor~ndum to t~e Planning and Zoning Board. The factual material appear~ under the heading Introduction. This aemo is on file in the City Clerk's oifice. It was efplained that the developer is currently \~orking on a p.e.D. rezoning. He plans to submit this to the City in a week for February Public Hearings. ti the Commi5uion appro- ves t"is reque.:it. it t~il~ go to the DCA for a 90 day revie~", ~ 9 .". ( ( ,. CERTIFIED: RE?U~N RECE~PT REQUESTED Mr. Dan Carey Executive Director Treasure Coast Regional Planning Council P. O. Box 1529 Palm City, PL 34990 Dear Dan: -- ~ .. '\ ( : December 28, 1989 Re: Boynton Ueach Mall Proposed Sears Store Boynton-JCP Associates Ltd. This firm represents Enclosed is a certified copy adopted at the Oecember 19, 1989 Boynton Beach. lilt Enclosur~a Boynton-JCP Associates Ltd. of Resolution 89-UUU which was City Commission Heeting of Very truly yours, Cormac C. Conahan DRIBIY /..1 (f MEMORANDUM 6 March 1989 TO: Betty S. Boroni, City Clerk FROM: James J. Golden, Senior City Planner RE: Sears Addition at Boynton Beach Mall Newspaper Advertisement Accompanying this memorandum you will find the newspaper advertisement for the above-referenced request. The advertisement includes notice of the Development of Regional Impact, the land use changes requested and the zoning changes requested. Legal descriptions for the entire mall parcel and the two land use element amendment/rezoning requests are attached and must be shown on the newspaper advertisement. It would be permissible for the newspaper to retype this advertisement, provided that the headlines are no less than 18-point letter size and the advertisement occupies not less than on-quarter (1/4) of a standard newspaper page. The schedule for the advertising of these public hearings is as follows: Newspaper Advertisement: March 16, 1989 (Sixty day notice for DRI) Notification to Property Owners: April 8, 1989 Newspaper Advertisement: April 23, 1989 (Both hearing dates) Newspaper Advertisement: May 3, 1989 (Both hearing dates) Planning and Zoning Board Hearing: May 9, 1989 Newspaper Advertisement: May 9, 1989 (City Commission hearing only) City Commission Hearing: May 16, 1989 The attached advertisements are to be used for both the notification to the surrounding property owners and for the newspaper advertisements. The newspaper advertisements are to be placed in the "Local News" section of the Palm Beach Post. In addition to the above, section 9J-2.023 of the Florida Administrative Code (see attached) requires that notices shall be given to adjacent counties and municipalities and to any other state or regional permitting agency participating in the review process. Concerning adjacent counties and municipalities, it is recommended that a copy of the public hearing notice be sent to the mayor of each city or town which abuts or abounds the city and to the chairman of the County Commission for Palm Beach, Broward and Martin Counties. Attached you will find a list of the permit agencies which should receive a certified copy of the public hearing notice. -ht.J~N /bks searsad. NOTICE OF LAND USE CHANGE NOTICE OF ZONING CHANGE NOTICE OF DEVELOPMENT OF REGIONAL IMPACT REVIE'J Notice is hereby given that the City of Boynton Beach proposes to change the use of land and rezone the land within the area shown in the map in this advertisement. The land use and ,zoning changes described in this advertisement are being proposed in connection with a development which is undergoing a Development of Regional Impact review in compliance with Chapter 380, Florida Statutes. A public hearing on these proposals will be held before the Planning and Zoning Board on May 9, 1989 at 7:30 p.m. at Prime Bank Plaza, 211 South Federal Highway, Boynton Beach, Florida. A pUblic hearing on these proposals will also be held before the City Commission on May 16, 1989 at 6:00 p.m., or as soon thereafter as the agenda permits at Prime Bank Plaza, 211 South Federal Highway, Boynton Beach, Florida. --1--1::[- J! 1_-._' I_~_UL. ____w ~" .I~ I-I~!.JL "U .IH! I r (W ! L _ I ____~.(r'f.~I.9_~_lc;:J~. QAN~.~,;- ~__ - ..__n___....____________. _______h ------- h-:_ : b L:. i II 'L ' , I,i ;,I"f1 :.1-' 'Ii.:", ................... .~ . - . .~_.- -- - - - 1 - ~ -r=:; . .L ~ J'/ t:., ',' '...1.. u u '.," ................. '1 " D'I . ~'}f=- ,I ", ....,~..::r - - . .:j..lI: ..',111.1:" 'I" ::::::::::~ 0 !,: ! G70#- j , L ::J.:= - 7 . ;' /2: "I . 1',1 ,~~ ,.1.) . :':':':";z , , i i fLU if :jU II 'i- ~ "~: .. '~i' dj"~ :::.:.... PARCEL B " f. ..mf~ :i ,,~.-.. ';I - r~_~ 6: I,I~ "'II/~ ,:,: :!:~,~:'~:.~ :~f': W 0: i ,L ['ttj. I' \ 'n--~ ' I !~,:' '~Ii/~' , "."i'J'~"! ~ .... , I ~~...... i I J ~I-l ::: : : i j ~ .l. '" 'I .. J. 10 T ;, M,I:' rJ I .1,;1 .: "1,:; f.:?-' ! i i ,Ji~ ' j /1 1 i- Tn" ,;JI",li " kl.. v II -I"'. .:l:" " I , ,,~..- ..".:- "IL.w.D.D.L-23-C-.QIAL .1 :-r-;: ' L ~ GJ ,..,~~~1!1.~;t.n1:..:;,~:I; ")~' ,~ ~. ....." .. i ;- :- II I l ~ '.. ,;' I; I.' 1.:1' ,,j', , '.1JJ!. " " ~PiT. '" 2 11 r Ii;,' J " '.' '~ '-' ".n,~ ' " -'I- I ::::..:.- ,...., '1\1 T r'\ ~I D t: ' I .::....Jrit" 4-. j II--;---rn :,:!I", :' ,fj" ;;U_II i ii ACH MAl I 1.. '" 7' ~L-~ ' .~j 'I;" : ',i :'1 ~.~~T.,., > I I I'" i"'.L I'" -9 If I ~ :,;:1" . ~ . :; ~, c I C I -r '-+"' I 't". , "II n , ~).;J~;' ; 1;1t~ ,~,c: \::) , ,I CO ~PORA TEll IT -!E -} -\. :---L -- ~ mnn ffi illlIIl R11 ! umnIB l11ID ill - ! ,./ ..... _ i ' !~affin cJ -, i eD@EBillJID "7 ") -/,----: i ,~. ...:.___Arr'.' " ,,""'\ i IIDmmm rn 0 ." . i ffiJEB mID\[ =:.- tl>O- r- - / -- ! ---. :... ~ . - ~,~.:..._, t .,....."--...~, .. . ~ '1 -' i ,or. I) I I II [ I --' f-:-- J. C ~ I ~. ;, ~ q r =- ~~,_._._-- ~ ~ .-.-- . .-.-. ~ I I L.I ~r FVAJ::D j "0' Ar.... i II . 1'( ~! I ,--I .--...,.. I-i yo 1\ (IN n H APPLICATION SUMMARY APPLICANT: David H. Curl, Vice President Edward J. DeBartolo Corporation AGENT: Cormac Conahan, Esq. Hodgson, Russ, Andrews, Woods & Goodyear PROJECT NAME: Boynton-JCP Associates, Ltd. Lake Worth Drainage District Boynton Beach Mall - Sears Addition OWNER: LOCATION: 134,526 Square Foot Sears Department Store North Congress Avenue at Old Boynton Road, northwest corner PROPOSED USE: REQUEST: (A) AMEND THE FUTURE LAND USE PLAN CONTAINED IN THE COMPREHENSIVE PLAN From - Commercial Potential (Palm Beach County) To - Recreational REZONE From - General Commercial (Palm Beach County) To - REC/Recreation (B) AMEND FUTURE LAND USE PLAN CONTAINED IN THE COMPREHENSIVE PLAN From - Commercial Potential (Palm Beach County) To- Local Retail Commercial REZONE From - General Commercial (Palm Beach County) To-C-3/Community Commercial A copy of the proposed Development of Regional Impact-Application for Development Approval, the proposed comprehensive plan amendments, and the proposed rezonings are available for review by the public in the City's Planning Department at 200 North Seacrest Boulevard. All interested parties are notified to appear at said hearings in person or by attorney and be heard. Any person who decides to appeal a decision of the Planning and Zoning Board or city Commission with respect to any matter considered at these meetings will need a record of the proceedings and for such purpose, may need to ensure that a verbatim record of the proceedings is made, which record includes the testimony and evidence upon which the appeal is to be based. I BETTY S. BORONI, CITY CLERK CITY OF BOYNTON BEACH, FLORIDA bUYN~0~ BEACH MALL ~ II (" 3b''f ACRES A tract of land located in Section 19, Township 45 South, Range 43 East, County of Palm Beach, Florida and further, described as follo~s: Beginning at,the Southeast corner of section 19, T45 S, R43E; thence N 000 59' 39 II W along the East line of said Section 19, a distance of 1898.10 feet to ~ point; thence S 89000' 21" W, 'a distance of 60.00 feet to a point on the westerly ,right-of-way line of Congress Avenue, said point also being the principal point and place of beginning of the following descr iptibn: ' Thence 5 88005'" 26" W, a distance of 846.73 feet to a po~nt; thence S 430 32' 54" W, a distance of 57.02 feet to a point; thence S 000 59' 39" E, a distance of 258.27 'feet to a point; thence S 160 46' 44.2 II E, a distance of 199. 60 feet to a point; thence S 000 59' 39" E, a distance of 102.20 feet to a point; thence 5 440 461 34" E, a distance of 14.45 feet to a point on the northerly right-of-way line of Boynton West Road (formerly old Boynton Road); thence N 890 46' 34" W, along said northerly line, a distance of 1684.25 feet to a poin.t;. thence N 000 51' 51" w, a distance of 1228.05 feet to a point; thence N 870 58' 21" E, a distance of 52.34 feet to a point; thence 227.77 feet along a curve to the left, having a radius of l45.00 feet and a chord of 205.06 feet, bearing N 420 58' 21" E, to a point; thence N 20 01' 39" W, a distance of 23.67 feet to a point; thence 134.54 feet along a curve to the right, having a radius of 240.00 feet and a chord of 132.78 feet, bearing N 140 011 53.5" E to a point; thence 234.57 feet along a curve to the left, having a radius of 320.00 feet and a chord of 229.36 feet, bearing N 90 OS' 26" E to a point; thence N 110 .54' 34" W, a distance of 70.00 feet to a point; thence 294.96 feet, along a curve to the right, having a radius of 325.00 feet and a chord of 284.94 feet, bearing N 140 OS' 26" E to a point; thence 293.22 feet along a curve to the left, having a radius of 420.00 feet and a chord of 287.30 feet, bearing N 200 05' 26" E to a point; thence N 000 05' 26" E, a distance of 145.00 feet to a point; ,thence N 880 05126" E, a distance of 1738.97 feet to a point; thence 5 000 59' 39" E, a distance of 472.86 feet toa point; thence N 880 05' 26"E, a distance of 328.87 feet to a point on the Westerly line of Congress Avenue, thence S 000 59' 39"E, along said Westerly line, a distance of 130.01 feet 't6"apo'fnt.T"thence N 460 271' 0-6"W', - a distance of 56.11' feet to a point; thence S aao 05' 26" W, a distance of 430.00 feet to a point; thence 5 000 59' 39" E, a distance of 609.99 feet to a point; thence N 880 05' 26" E, a distance of 430.00 feet to. a point; thence N 430 32' 54" E, a distance of 57.02 feet to a point on the Westerly line of Congress Avenue; thence 5 000 59' 39" E, along said westerly line, a distance of 170.01 feet to a point; thence N 46027' 06" W, a distance of 56i.ll feet to a point; thence S 880 05' 26" W, a dist4nce of 608.00 feet to a point; thence S 000 59' 39" E, a distance of 230.00 feet to a point; thence N 880 051 26" E, a distance of 340.00 feet to a point; thence S 000 59' 39" E, a distance of 150.00 feet to a point; thence S 880 OS' 26" w, a distance of 340.00 feet to a point; thence 5 000 59' 39" E, a distance of 229.99 feet to a point; thence N 880 OS' 26" E, a distance of 608.00 feet to a point; thence N 43032',54" E, a distance of 57.02 feet to a point on the westerly line of Congress Avenue; theope S 000 59' 39" E, along said Westerly line, a distance _~ ,.,,, ,.., f" ' , Vl ~~ .. 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Qj 41 Qj Ql U U U Qj U Qj ~ 1o-I1o-I~~~Io-I~~Io-IIo-IIo-I~Io-I+,U Qj \.I ....~....OOOOOIl'lO\\Oo~eII~ o ,0000000\C"'l0\0C"'l1o-l oO::oviooOO~O~ONO] N....II'lC"'lIl'lCOr-fO\N\OM....t'Onl .... .... ~ \0 .... .... ..... 10-1 10-1 10-1 10-1 10-1 ~ ~1I'l 0'60'60'60~o~o~0:'6 ~ ell Qj Ql Ql ~ ~ ~ Qj Qj U Qj 0 C/l U Qj U U U U U U U U U U U ~ fJ g ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ e ~ +llIS+I+'+I+I+J+I~+J+J+I+'ClIl C/l +' C/l 111 III III ell III III III C/l C/l III lIS :a III :d .... ; .... ; .... :a .... :d .... :a +' C"'l :d 'tl ~ 'tl 'tl 'tl ,~ ~ CllCllC'dRlllSlISlIlllSfllC'dCllnslll'tlN tIJ~tlJwtIJtlJWtIJ~tIJ~lU~td", ): C I: "..1:1:=1:=1:&=1: .... ....~\O....O\....O\....O\........O\...... s:: N II'lN II'l 0 II'l 0 II'l 0 II'l N C"'l N....'~ 1I'l+, 'Co~~~~~Co~Co:..;Co~Co. a 1I'l1l'l01l'l01l'l01l'l01l'l1l'l01l'l....U I II'l 0000000000000 'tl t'ocooO\OO\OO\Ot'Nt'~d COoCOOCOOCOOCOOCOO<<lonl ZZZVlZVlZlI.lVlVlVlVlVlZg' .... 41 Qj Qj ~ Qj ~ Qj u Qj Qj 41 Qj ~ Qj ~ u U u U u U U U U U U U U U C d C ~ s:: c s:: ~ c: Q d s:: s:: C s:: .... ell ~ 41 Ql ~ Qj U ell ~ Qj ell Qj ~ Qj '" .cl.cl.t::.cl.cl.t::-'=.cl.cl.cl-'=.cl.cl.clell H +I +' ~ +' +' +I +I +I +I +' +' +lj+l .Q . 9J-2.024 DEPARTMENT OF COMMUNITY AFFAIRS V. 4, p. 958 ~!anagement, Copies of the application, Form DSP.BLWM-II.76, may be obtained from either agency. The application should be filed in accordance with the local government's applicable procedures and as early as possible in its planning or permiuing approval processes. (a) If a propostd development project includes two or more developments. of regional impact, a developer may File a comprehensive development of regional impact application for development approval covering more than one development of regional impact pursuant to Paragraph 380.06(20)(a), Florida Statutes. (b) If a proposed development is planned Cor development over an extended period of time, the dC\'eloper may File an application for master development approval oC the project pursuant to Parasraphs 380.06(20)(b) and (c), Florida Statutes, and Section 9J-2.028, Florida Administrative Code. (c) A downtown development authority as defined in Section 380.031, Florida Statutes, may submit a development of regional impact application for development pursuant to Subsection 380.06(21), Florida Statutes, and .:lection 9J-2.029, Florida Administrative Code. (d) If a developer has elected to proceed in an optional coordinated review pro(;ess, then he must submit copies of the application for development approval to all state or regional agencies which are to participate in the review process. The application shall include additional information identified by state or regional licensing agencies as necessary if the binding agreement is to be obtained. (2) Pursuant to Subsection 380.06(9), Florida Statutes, the regional planning agency shall make a determination as to the sufficiency oC the information contained in the application. (a) If the agency determines that the application is sufficient to begin review, the agency shall provide wriuen notice to the appropriate local government and the applicant within 30 days of receipt of the application, stating that the application contains sufficient information for the agency to begin review pursuant to. the criteria of Section 380,06( II), Florida Statutes, and that a public hearing date may be Set. (b) If the agency determines that the application is insufficient to begin review, the agency shall provide written notice to the appropriate local government and the applicant within 30 days of receipt or the application stating that the application contains insufficient inCormation for the agency to disch;u-ge is responsibilities under Subsection 380.06(1 t), Florida Statutes, and requesting additional information. Within five working days of the receipt of the statement the applicant shall pro~;de written notice to the local government and the i.gency that the requested information will be supplied, or will not be supplied, in whole or in part. Upon receipt of the requesled information, or writ:.en notice that the requested information will not be provided, the agency ~hall provide written notice to the local governmenl and the applicant pursuant to Paragraph 380,06(9)(c), Florida Statutes. (c) The regional planning agency shall provide copies of agency requests Cor additional information and the applicant's response to the Division of Local Resource Management. S~cifjc Authority 20,05, /20.53(1), 380.032(2). 380.06(22) FS. Law Implemented 120.53(1), 380,021, 380.06(5)-(9), (20), (2/) FS, History-New 7.7.76, Amended 5-4.83, Formerly 27F-I.20, Formerly 98-/6.22. 9J-2.023 The Public Hearing, (1) Upon receipt of notice from the regional planning agency that a public hearing date may be set, the appropriate local government shall set a hearing date at the next scheduled meeting and give notice and hold a hearing on the application for development approval of a development of regional impact as required by Subsection 380.06(10), Florida Statutes, (2) The notice of hearing shall be published at least 60 days in advance of the hearing and shall state that the proposed development would be a development <Jf regional impact. The notice shall specify where the mformation and reports on the development oC regional impact application may be reviewed. In addition to giving notice to the Division of Resource Planning and Management and the appropriate regional planning agency, notice shall be given to adjacent counties and municipalities and to any other state or regional permitting agency participating in a coordinated review process under Subsection 380.06(8), Florida Statutes. (3) When a development of regional impact is proposed within the jurisdiction of more than one local government, the local governments, at the request of the developer may hold a joint public hearing. (4) The public hearing shall be held in the same manner as for a rezoning and shall be recorded as required by Subsection 380.06(10), Florida Statutes. (5) The report and recommendations from the regional planning agency shall be incorporated into the record of the public hearing, Specific Authority 20.05, 120.53(1), 380,032(2), 380,06(22) FS, Law Implemented /20,53(1), 380,02/, 380,06(10) FS. Hislory-New 7.7-76, Amended 5-4-83, Formerly 27F-/,2/, Formerly 98./6,23. 9J-2.024 Regional Rep<lrt and Recommenda tions. (I) Upon receipt of the notice of public hearing issued pursuant to Subsection 380.06(10), Florida Statutes, the appropriate regional planning agency shall prepare a report and recommendations on the regional impact of the proposed development in accordance with the criteria identified in Section 380,06(11), Florida Statutes, In preparing the regional report, the regional planning agency shall identify and make recommendations on regional issues and may comment on other local issues, (2) The regional planning agency may request other agencies to prepare reports. and , RECErvo/TI2} MAR 3 less PLANNING DE.PT, ( ( ( BOYNTON BEACH MALL DRI APPLICATION TRANSMITTAL LIST .. . M r. D~,,\: C~t>< f . E.x e"c "'-ifnft:/p.pf}J ve t;.. i Gl r' Treasure Coast Regional Planning Council Post Office Box 1529 3228' S,W. Martin Downs Boulevard Suite 205 Palm City. Florida 34990 (305) 286-3313 Mr, Alto Thomas Bureau of State Planning Department of Community Affairs 2740 Centerview'Drive .The Rhyne Buildi~g Tallahassee, Florida 32399 (904) 488-4925 Mr, Bruce Seiler. Planning Engineer Florida Department of Transportation District IV 780 S.W, 24th Street Fort Lauderdale, Florida 33315 (3~5) 522-4244 Ms. Lisa Smith DRI Coordinator Resource Control Department South Florida Water Management District Post Office Box 24680 West Palm Beach, Florida 33416 (305) 686-8800 Ms. Marion Y. Hedgepeth, M.S. Environmental Specialist South Florida District Department of Environmental Regulation 1900 South Congress Avenue - Suite A West Palm Beach, Florida 33406 (305) 964-9668 Mr. Bruce Offord, Air Permitting South Florida District Department of Environmental Regulation 1900 South Congress Avenue - Suite A West Palm Beach. Florida 33406 (305) 964-9668 10 copies, Certified mail, return receipt requested. 1 copy. Certified mail, return receipt requested. 1 copy. Certified mail, return receiPt requested. 5 copies. Certified mail, return receipt requested. 1 copy, Certified mail, return receipt requested. 1 copy. Certified mail. return receipt requested, r t Mr. Sam Shannon Assistant County Administrator Palm Beach County .. Eleventh Floor Administrative Center 301 North Olive Avenue West Palm Beach, Florida 33402 (305) 820-2034 Mr, Randy Whitfield Metropolitan Planning Organization Post Office Box 2429 West Palm Beach, Florida 33406 (305) 684-4170 Mr. Charles Walker, Director Palm Beach County Traffic Division Post Office Box 2429 )Vest Palm Beach, Florida 33406 (305) 684-4010 Hs. R.~lA.V'(;11~1IJIfJ~ Planning Director Palm Beach County Planning, Zoning, and Building Department 800 13th Street Palm Beach International Airport West Palm Beach, Florida 33406 (305) 471-3550 Mr. Jim Stormer Division of Environmental Sciences and Engineering Palm Beach County Health Department 901 Evernia Street West Palm Beach, Florida 33401 (305) 820-3070 Mr. Carmen Annunziato City of Boynton Beach Planning Department 120 N.E. 2nd Avenue Post Office Box 310 Boynton Beach, Florida 33425.0310 (407) 734-8111 -=.~q""""""'-- -..'-_., 1 copy. Certified mail, return receipt requested. 1 copy. Certified mail, return receipt requested. 1 copy. Certified mail, return receipt requested. 1 copy. Certified mail, return receipt requested, . 1 copy. Certified mail, return receipt requested. . 18 copies. Certified mail, return receipt requested. NOTICE OF PUBLIC HEARING NOTICE IS HEREBY GIVEN that the Planning & zoning Board of the CITY OF BOYNTON BEACH, FLORIDA, will conduct a PUBLIC HEARING at 7:30 P.M. on Tuesday, August ll, 1987 at the temporary quarters of City Hall, located in pineland Plaza, 211 South Federal Highway, to consider a request for ANNEXATION covering the parcels of land described as follows: Legal Description: A parcel of land lying in Section 19, Township 45 South, Range 43 East, Palm Beach County, Florida, being more particularly described as follows: Commence at the center of said Section 19; thence N 00 51' 51" W along the .North South 1/4 section line of said section, a distance of 35.00 feet to' the principal point and place of beginning of the following description: Thence N 00 51' 51" W along the said North South 1/4 section line a distance of 1191.31 feet to a point on the South right-of-way line of Boynton Canal; thenceN 880 05' 26" E along said South right-of-way line a distance of 387.94 feet to a point; thence S 00 05' 26" W a distance of 142.02 feet to a point; thence 233.87 feet along an arc to the right having a radius of 335.00 feet and a chord of 229.15 feet bearing S 200 05' 26" W; thence 372.10 feet along an arc to the left having a radius of 410.00 feet and a chord of 359.46 feet bearing S 140 05' 26" W; thence S 110 54' 34" E a distance of 70.00 feet to a point; thence 172.26 feet along an arc to the right having a radius ,of 235.00 feet and a chord of 168.43 feet bearing S 90 05' 26" W; thence 182.18 feet along an arc to the left having a radius of 325.00 feet and a chord of 179.81 feet bearing S 140 01' 53.5", Wi thence S 020 01' 39" E a distance of 23.67 feet to a pointi thence 94.25 feet along an arc to the right having a radius of 60.00 feet and a chord of 84.85 feet bearing S 420 58' 21" Wi thence S 870 58' 21" W a distance of 90.60 feet to the point of beginning and containing 6.92 acres of land more or less. A Parcel of land lying in Section 19, Township 45 South, Range 43 Ea~t. Palm Beach County, Florida, said parcel being on 85 foot canal right of way, the centerline of which being more particularly described as follows: Conunence at the center of: said Section 19; N 870 58' 21" E., (assumed) along the east west quarter section line of said Section 19, a distance of 20 feet; thence S 000. 51' 51 tI E, parallel to the north south quarter section line of said Section 19, a distance of 7. 5 feet to the point of heg inning of the centerline of an 85 foot canal right of way, to be herein described; thence N 870 58" 2111' E, parallel to the east west quarter section line of said Section 19, a distance of 71.48 feet, to a point of curvature of a curve concave to the northwest; thence northeasterly along- the arc of said curve having a radius of 102.50 feet and a central angle of 900 00' 00" a distance of 161.01 feet to the point of tangency of said curve; thence N 020 01t 29" W, a distance of 23.67 feet'to the point of curvature of a curve concave -to the east; thence northeasterly along the arc of said curve having a radius of 282.50 feet and a central angle of 320 05' 07", a distance of 158.36 feet to a point of reverse ,curvature of'a curve concave to the west; thence northwesterly along the arc of said curve having a radius of 277.50 feet and a centl:"al angle of 420 00' 00", a distance of 203.42 feet to the point of tangen~y for' said curve; .thence N 110 54' 34lr W, a distance of 70.0 feet to the point of curvature of a curve concave to the east; thence northeasterly along the arc of said curve having a radius of 367.50 feet and a'central angle of 520 00' 00" a distance of 333.53 feet to a point of reverse curve of a curve concave to the west; tbence northerly along the arc of said curve having a radius of 377.50 feet and a central angle of 400 oat 00", a distance of 263.54'feet to the point of tangency of said curve; thenc~ N 000 05' 26" E~ a distance of 143.51 feet to the point of ending of said centerline of an 85 feet canal righ~ of way. APPLICANT/ AGENT: Cormac C. Conahan, Esq. OWNERS: Boynton-JCP Associates, Ltd. (PARCEL A) Lake Worth Drainage District (PARCEL B) PROJECT NAME: NW Corner Boynton Mall Annexation LOCATION: Northwest corner of Boynton Beach Mall ALSO A PUBLIC HEARING will be held by the City Commission of the City of Boynton Beach on the above request on Tue,sday, August 18, 1987, at 8:00 P.M. or as soon thereafter as the agenda permits. All interested parties are notified to appear at said hearings in person or by attorney and be heard. Any person who decides to appeal any deci- sion of the Planning & Zoning Board or City Commission with respect to any matter considered at these meetings will need a record of the pro- ceedings and for such purpose, may need to ensure that a verbatim record of the proceedings is made, which record includes the testimony and evi- dence upon which the appeal is to be based. BETTY S. BORONI, CITY CLERK CITY OF BOYNTON BEACH, FLORIDA aa PUBLISH: THE POST July 26 & August 2, 1987 cc: City Commission City Attorney J. Costello CITY of BOYNTON BEACH 211 South Federal Highway P. O. Box 310 Boynton Beach, Florida 33425.0310 (407) 734-8111 C E R T I F I CAT ION I, SUE KRUSE, Deputy City Clerk of the City of Boynton Beach, Florida. do hereby certify the attached Resolution #89-DUU which consists of twelve (12) pages, along with attachment of Exhibit "A" which consists of five (5) pages, is a complete and accurate copy as it appears in the records of the City of Boynton Beach, Florida. ~~~~ SUE KRUSE DEPUTY CITY CLERK December 21, 1989 (SEAL) " .. RESOLUTION NO. 89-LL U U DEVELOPMENT ORDER Amending prior Development Order Adopted November 16, 1982 A Resolution of the City Commission of the City of Boynton Beach, Florida, making findings and conclusions of law pertaining to the Boynton Beach Shopping Mall, a Development of Regional Impact, and constituting this Resolution as a Develop- ment Order by the City of Boynton Beach in compliance with law; providing an effective date; and providing a termination date. WHEREAS, Applicant has had a Development Order approved by the Board of County Commissioners of Palm Beach County ("Reso- lution No. R-74-343) on May 7, 1974 which was adopted by the City on November 16, 1982; which permitted 1,108,000 square feet of gross leasable area; and WHEREAS, Boynton-JCP Associates, Ltd. ("Applicant") has filed a Development of Regional Impact Application for Amended Development Approval with the City of Boynton Beach, Florida, in accordance with Section 380.06, Florida Statutes; and WHEREAS, said Applicant proposes to construct a total of 1,244,449 square feet of commercial retail gross leasable space on the real property whose legal description is set forth in Exhibit "A" attached hereto and located in the City of Boynton Beach, Florida; and WHEREAS, the City Commission as the governing body of the City of Boynton Beach having jurisdiction, pursuant to Chap- ter 380, Florida Statutes, is authorized and empowered to con- sider Applications for Amended Development Approval for Develop- ments of Regional Impact; and WHEREAS, the City Commission on the 19th day of December , 1989, held a duly noticed public hearing on the Development of Regional Impact Application for Amended Development Approval and has heard and considered the testimony taken thereat: and WHEREAS, the Applicant has revised the Site Plan in accordance with recommendations of the City of Boynton Beach and consistent with the intent of the requirements of the Treasure Coast Regional Planning Council relative to the pine Area in the northwest corner of the site as shown on Exhibit "1". The Site Plan submitted as Exhibit "2" hereto is herein approved by the City Commission and no further Site Plan review or variances are necessary to construct and occupy improvements in accordance with the Plan except as necessary to adjust parking ratios to imple- ment the recommendation of the Treasure Coast Regional Planning Council and the City of Boynton Beach regarding the Pine Area: and WHEREAS, the City Commission has received and con- sidered the assessment report and recommendations of the Treasure Coast Regional Planning Council: and WHEREAS, the City Commission has made the following FINDINGS OF FACT and CONCLUSIONS OF LAW with regard to the Appli- cation for Amended Development Approval: FINDINGS OF FACT 1. The proposed Development is not in an Area of Critical State Concern designated pursuant to the provisions of Section 380.06, Florida Statutes: 2. The State of development plan applicable Development is to be located: Florida has not adopted a land to the area in which the proposed 3. The proposed Development is consistent with the report and recommendations of the Treasure Coast Regional Plan- ning Council submitted pursuant to Section 380.06(12)(2), Florida Statutes: - 2 - 4. The proposed Development is consistent with the local comprehensive plan, zoning and development laws and regula- tions of the City. If the City staff requests a Comprehensive Plan Amendment or rezoning of the pine Area as defined in Condi- tion 2 in the future, the Applicant will comply with such request. 5. The premises are correct and hereby accepted by the City. CONCLUSIONS OF LAW NOW, THEREFORE BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, in public meeting, duly con- stituted and assembled this 19th day of December 1989, that the Development of Regional Impact Application for Amended Development Approval submitted by Applicant is hereby APPROVED, subject to the following conditions, restrictions and limita- tions: Application for Development Approval 1. The Application by Boynton-JCP Associates, Ltd. for Amended Development Approval is incorporated herein by refer- ence and relied upon by the Parties in discharging their statu- tory duties under Chapter 380, Florida Statutes. The Applicant is Boynton-JCP Associates, Ltd. and shall hereafter include the successors and assigns of Boynton-JCP Associates, Ltd. Substan- tial compliance with the representations contained in the Appli- cation for Development Approval is a condition for approval. For purposes of this condition, the Application for Amended Develop- ment Approval shall include the following items: Application for Development Approval submitted August 18, 1988, and supplemental information submitted September 14, 1988 and December 12, 1988 and Boynton Beach Mall Expansion Transit Impact Study dated October, 1989. - 3 - Commencement and Progress of Development 2. Failure to initiate construction and physical development within three years from the effective date of the Development Order, or failure to maintain reasonable progress toward completion of the development after having initiated con- struction in a timely manner, shall constitute a substantial deviation and the development shall be submited to further review pursuant to Section 380.06, Florida Statutes. Construction shall be deemed to have been initiated and physical development commenced after placement of permanent evi- dence of a structure (other than a mobile home) on a site, such as the pouring of slabs or footings or any work beyond the stage of excavation or land clearing. Termination Date 3. This Development Order shall terminate on December 31, 2010 unless extended by the City Commission. Nothing herein shall limit or extinguish any vested rights of the Applicant, its successors or assigns. CONDITIONS OF DEVELOPMENT ORDER AS ~1ENDED 1. Except as specifically amended herein, all condi- tions specified in the Development Order (Resolution No. R-74-343) and subsequent amendments to the Development Order for Boynton Beach Mall shall remain in full force and effect. 2. Prior to issuance of a Certificate of Occupancy for construction of additional square footage pursuant to the Amended Development Order, the Applicant shall confirm that it will not develop in that area "Limits of Pine Area" shown on Exhibit "1" in the northwest quadrant of the site. 3. Prior to commencing construction activity within the parcel containing the area not to be developed, (described by - 4 - "Limits of Pine Area" shown on Exhibit "1"), the area shall be temporarily fenced or otherwise delineated to prevent construc- tion equipment from entering the area. 4. All Brazilian pepper, Australian pine, and Melaleuca on the site shall be removed prior to issuance of a certificate of occupancy for any building constructed pursuant to this Development Order. These species shall not be used in landscaping. 5. A landscaped buffer along the west boundary of the Pine Area and adjacent to Javert Street shall be provided in accordance with the plan attached as Exhibit "I". 6. A. The use of grassy swales shall be utilized in the new parking lot additions, as shown on the Site Plan (Exhibit "2" ) . B. Littoral zone planting shall be provided in accordance with the permitting requirements and Florida Depart- ment of Environmental Regulation and South Florida Water Manage- ment District. 7. Under no circumstances shall post development runoff volumes exceed predevelopment runoff volumes for a storm event of three-day duration and 25-year return frequency. 8. Prior to issuance of a building permit for any additional square footage approved by this Development Order, the the applicant of the building permit shall prepare a hazardous materials management plan for the expansion that meets the approval of Treasure Coast Regional Planning Council and the City of Boynton Beach. The plan shall: A. Require disclosure by tenant of all hazard- ous materials proposed to be stored, used, or generated on the premises; - 5 - B. Provide minimum standards and procedures for storage, prevention of spills, containment of spills, and trans- fer and disposal of such materials; C. Provide for proper maintenance, operation, and monitoring of hazardous materials management systems, including spill and containment systems; D. Detail actions and procedures to be followed in case of an accidental spill; E. Guarantee financial responsibility for spill clean-up; and F. Require the inspection of premises storing, using, or generating hazardous materials prior to commencement of operation and periodically thereafter, to assure that the provi- sions of the plan are being implemented. 9. No building permits for the Boynton Beach Mall Substantial Deviation shall be issued until all right-of-way within the project boundaries have been dedicated, free and clear of all liens and encumbrances, to the City of Boynton Beach or Palm Beach County as necessary and consistent with the Palm Beach County Thoroughfare Right-of-way Protection Plan. No dedications are necessary to implement the Substantial Deviation. 10. No building permits shall be issued for the Boynton Beach Mall Expansion until an origin/destination (O/D) survey has been conducted and submitted to the city of Boynton Beach, CoTran, and Treasure Coast Regional Planning Council. Results of the survey shall clearly demonstrate where the transit ridership potential exists (origins) and identify which roadway links (i.e., 1-95 interchange, Boynton Beach Boulevard, Old Boynton Beach Boulevard, and Congress Avenue, etc.) will be posi- tively impacted by provision of transit service to these areas and shall be evaluated to adjust designated travel route(s} in order to maximize ridership. - 6 - The survey questionnaire and implementation meth- odology shall be evaluated by the City of Boynton Beach, CoTran, Palm Beach County, and Treasure Coast Regional Planning Council. 11. No Certificate of Occupancy for the Boynton Beach Mall Expansion shall be issued until the following activities have been completed: A. A service contract has been approved and signed by the City of Boynton Beach, the Palm Beach County Board of County Commissioners sitting as the County Transportation Authority, and the applicant which provides the level of transit service, including an appropriate promotional commitment, identi- fied in Condition 12 for the Service Period. The Service Period shall be defined as a period commencing thirty days prior to the opening to the public of the Boynton Beach Mall Expansion and continuing until of the earlier of: (i) five years; or (ii) completion of the identified road improvements in the Treasure Coast Regional Planning Council's final assessment report for the Boynton Beach Mall Substantial Deviation Conditions 12 and 13. The contract shall also include a financing plan for imple- mentation and monitoring of the transit route{s) including a secured funding commitment (defined as an irrevocable letter of credit or bond). The financing plan shall provide that the max- imum obligation of the Applicant under the service contract shall be $100,000.00 per year for the Service Period; and B. A promotional plan outlining the strategies for facilitating, publicizing, and encouraging the use of this new service shall be submitted and approved by the City of Boynton Beach and CoT ran in consultation with the Treasure Coast Regional Planning Council, Palm Beach County Metropolitan Plan- ning Organization. Such promotion plan shall not require the Applicant to contribute more than $5,000.00 per year during the Service Period to implement the promotional plan; and - 7 - C. A procedure has been established and approved by the City of Boynton Beach and CoTran in consultation with Treasure Coast Regional Planning Council for a quarterly moni- toring report that monitors ridership levels, effectiveness of route(s) and schedule(s), and operating and maintenance costs. The monitoring program shall be initiated within 90 days after the date of Certificate of Occupancy is issued for the additional square footage of the Mall and continue for the Service Period. 12. The transit service to be provided to the service area for the Boynton Beach Mall shall include the following: A. The route(s) shall consist of a combination of the proposed Routes A and B identified in the Boynton Beach Mall Expansion Transit Impact Study, dated October, 1989, or the route(s) identified by the survey referenced on Condition 11, including consideration of service to Bethesda Memorial Hospital and the Boynton Beach City Hall. The final route(s) selected shall be approved by the City of Boynton Beach, Palm Beach County sitting as the County Transportation Authority, and Treasure Coast Regional Planning Council; and B. The vehicle fleet shall be comprised of a sufficient number of CoTran compatible vehicles to provide 20 minute headways; and prior to public. C. Bus service shall begin 30 calendar days the opening of the Boynton Beach Mall Expansion to the BE IT FURTHER RESOLVED BY THE CITY CO~rnISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, AS FOLLOWS: 1. Any modifications or deviations from the approved plans or requirements of this Development Order shall be sub- mitted to the Planning Director for a determination by the City Commission of the City of Boynton Beach as to whether the change - 8 - constitutes a substantial deviation as provided in Section 380.06(19), Florida Statutes. The City Commission of the City of Boynton Beach shall make its determination of substantial devia- tion at a public hearing after notice to the Applicant. 2. The City of Boynton Beach shall monitor the devel- opment of the project to ensure compliance with this Development Order. The City of Boynton Beach Planning Director shall be the local official assigned the responsibility for monitoring the development and enforcing the terms of the Development Order. The Planning Director may require periodic reports of the Appli- cant with regard to any item set forth in this Development Order. 3. The Applicant shall submit an annual report as required by Section 380.06(18), Florida Statutes. The annual report shall be submitted on the first anniversary date of the adoption of the Development Order and shall include the follow- ing: A. Any changes in the plan of development, or in the representations contained in the Application for Development Approval, or in the phasing for the reporting year and for the next year; B. A summary comparison of development activity proposed and actually conducted for the year; c. Undeveloped tracts of land that have been sold, transferred, or leased to a successor developer; D. Identification and intended use of the lands purchased, leased or optioned by the Applicant adjacent to the original site since the Development Order was issued; E. An assessment of the Applicant's and local government's compliance with the conditions of approval contained in this Development Order and the commitments specified in the - 9 - Application for Development Approval and summarized in the Regional Planning Council Assessment Report for the development undertaken; F. Any request for substantial deviation deter- mination that was filed in the reporting year or is anticipated to the filed during the next year; G. An indication of a change, if any, in local government jurisdiction for any portion of the development since the Development Order was issued; H. A list of significant local, State, and fed- eral permits which have been obtained or which are pending by agency, type of permit, permit number, and purpose of each; I. The annual report shall be transmitted to the City of Boynton Beach, the Treasure Coast Regional Planning Coun- cil, the Florida Department of Community Affairs, the Florida Department of Natural Resources, and such additional parties as may be appropriate or required by law; J. A copy of any recorded notice of the adoption of a Development Order or the subsequent modification of an adopted Development Order that was recorded by the Applicant pur- suant to Subsection 380.06(15), Florida Statutes; and K. Any other information reasonably required by the City Commission of the City of Boynton Beach or the Planning Director to be included in the annual report. 4. The definitions found in Chapter 380, Florida Statutes shall apply to this Development Order. 5. The City of Boynton Beach hereby agrees that before December 31, 2010, the Boynton Beach Shopping Mall Devel- opment of Regional Impact shall not be subject to down zoning, unit density reduction, or intensity reduction, unless the City - 10 - demonstrates that substantial changes in the conditions underlying the approval of the Development Order have occurred, or that the Development Order was based on substantially inaccu- rate information provided by the Applicant, or that the change is clearly established by the City of Boynton Beach to be essential to the public health, safety, or welfare. 6. This Development Order shall be binding upon the Applicant and its assignees or successors in interest. It is understood that any reference herein to any governmental agency shall be construed to mean any future instrumentality which may be created and designated as successor in interest to, or which otherwise possesses any of the powers and duties of any refer- enced government agency in existence on the effective date of this Development Order. 7. The approval granted by this Development Order is conditional and shall not be construed to obviate the duty of the Applicant to comply with all other applicable local, state, and federal permitting requirements. 8. In the event that any portion or section of this Development Order is deemed to be invalid, illegal, or unconsti- tutional by a court of competent jurisdiction, such decision shall in no manner affect the remaining portions or sections of the original Development Order, which shall remain in full force and effect. 9. This Development Order shall become effective immediately upon adoption. 10. Certified copies of this Development Order shall be transmitted immediately by certified mail to the Department of Community Affairs, the Treasure Coast Regional Planning Council, and Applicant. - 11 - PASSED AND ADOPTED ln a public hearing held on this the 19th day of December h City Commission ~ Commissioner Attest: ~~L.<:k~M' Suz ne M. Kruse - Deputy City Clerk - 12 - -- - . .,.........,...:.. .:*.~.... .....,......... " ... . ( ( ,;. ') ").. .. EXHIBIT -A- 1-1- BOYN'roN BEAOI PARCEL 17 5.83 ACRES .J ^ parcel of land lying in Section 19, Township 45 South, Range 43 East, Palm beach County.. Florida, being more particularly described as follCMS: ) Can'nerce at the Center of said Section 19; thence N.OO51'51"W., along the North South 1/4 Section 1 ine of said Section, a distance of 35.00 feet; thence N.87058 '21 "E., a distance of 40.01 feet to the principal point and place of begiming of the following description: 'nlence N.Oo5l'Sl"W., along a line 40.00 feet East of and parallel with said North South 1/4 Section line, a distance of 1191.23 feet to a point on the South right-of-way line of Boynton Canal; thence N.880OS'26"E., along said South right-of-way line, a distance of 347.93 feet to a point; thence S.OOOS' 26"W., a distance of 142.02 feet to a point; thence 233.87 feet along an arc to the right, having a radius of 335.00 feet and a chord of 229.1S feet bearing S.2000S'26''W; thence 372.\0 feet.. alo"9 an arc to the left having a radius of 410.00 feet and a chord of 359.46 feet, bearing S.140OS'26"W.; ~ S.11oS4'34"E., a distance of 70.00 feet to a point; thence 172.26 feet, alOOCJ an arc to the right, having a- radius of 23S.00 feet and a chord of 168.43 feet bearing S.900S'26"W.; thence.t82.l8 feet, along an arc to the left havin<J a radius of 325.00 feet and a chord of l79.81 feet, bearing S.14001'S3"W.; thence S.~oOl'39"E.', a distance of 23.67 feet to a point: thence 94.25 feet, along an arc to the ri9ht bavlnr:J . radius of 60.00 feet and a chord of 84.85 feet, bearillC} S.4~58'21"".; thence S.87OSS'21"W., a di.tance of SO.59 feet to the Point of 8eglmlD9 and con~ining 5.83 acres of land, more or less. e.' . . .. -.......: -- -- /. .;. I- ,-. -.. . . BOYNTON BEACH MALL 116.364 ACRES A tract of land located in Section 19, Township 45 South, Range 43 East, County of Palm Beach, Florida and further described as fo110~s: Beginning at. the Southeast corner of Section 19, T45 5, R43E; thence N 000 59' 39" W along the East line of said Section 19, a distance of 1898.10 feet to ~ point; thence S 890 00' 21" W, a dis tance of 60.00 feet to a po in t on the wes ter1y right-of-way line of Congress Avenue, said point also being the principal point and place of beginning of the following descriptibn: Thence S 88. 05 ,'. 26" W, a distance of 846.73 feet to a point; thence S 430 32' 54" W, a distance of 57.02 feet to a point; thence 5 00.59' 39" E, a distance of 258.27 'feet to a point: thence 516046' 44.2" E, a distance of 199.60 feet to a point; thence S 000 59' 39" E, a distance -of 102.20 feet to a point; thence 5 440 46' 34" E, a distance of 14.45 feet to a point on the northerly right-of-way line of Boynton West Road <formerly old Boynton Road); thence N 890 46' 34" W, along said northerly line, a distance of 1684.25 feet to a poin,t;. thence N 000 511 51" W, a distance of 1228.05 feet to a point; thence N 870 58' 21" E, a distance of 52.34 feet to a point; thence 227.77 feet along a curve to the left, having a radius of 145.00 feet and a chord of 205.06 feet, bearing N 420 58' 21" E, to a pointJ thence N 20 01' 39" W, a distance of 23.67 feet to a point; thence 134.54 feet along a curve to the right, having a radius of 240.00 feet and a chord of 132.78 feet, bearing N 140 01' 53.5" E to a point; thence 234.57 feet along a curve to the left, having a radius of 320.00 feet and a chord of 229.36 feet, bearing N 90 051 26" E to a pointj thence N 110 .54' 34 It W, a distance of 70.00 feet to a point: thence 294.96 feet, along a curve to the right, having a radius of 325.00 feet and a chord of 284.94 feet, bearing N 140 05' 26" E to a point; thence 293.22 feet along a curve to the left, having a radius of 420.00 feet and a chord of 287.30 feet, bearing N 200 OS' 26" E to a point; thence N 000 05' 26" E, a distance of 145.00 feet to a point; ,thence N 880 05' 26" E, a distance of 1738.97 feet to a point; thence S 000 59' 39" E, a distance of 472.86 feet to a point; thence N 880 05' 26"E, a distance of 328.67 feet to a point on the Westerly line of Congress Avenue, thence S 000 59' 39"E, along said Westerly line, a distance of 130.01 feet to."a: pcifnt;"thence N 460 27" <i"6't w', a 'distance of 56.11 feet to a point; thence 5 880 05' 26" W, a distance of 430.00 feet to a point; thence S 000 59' 39" E, a distance of 609.99 feet to a point; thence N SSO 05' 26" E, a distance of 430.00 feet to a point; thence N 43- 32' 54" E, a distance of 57.02 feet to a point on the Westerly line of Congress Avenue; thence S 00. 59' 39" E, along said Westerly line, a distance of 170.01 feet to a point; thence N 46. 271 06" W, a distance of 56..11 feet to a point; thence S eeo OS' 26" W, a dist4nce of 608.00 feet to a point; thence 5 00. 59' 39" E, a distance of 230.00 feet to a point: thence N 88- 05' 26" S, a distance of 340.00 feet to a point; thence S 00. 59' 39" E, a distance of 150.00 feet to a point; thence S 880 OS' 26" W, a distance of 340.00 feet to a point: thence S 000 59' 39M E, a distance of 229.99 feet to a point; thence N 88005' 26" E, a distance of 608.00 feet to a point; thence N 43. 32'.54" E, a distance of 57.02 feet to a point on the Westerly, line of Congress Avenue; theo~e S 000 59' 39" E, along said westerly line, a distance of 130.01 feet to the principal point and place of beginning and containing 107.75 acres of land, more or less. 1. AND If! ; ! A parcel of land ly1nq in Section 19, Township 4S Sout~, Ranqe 43 East, Palm Beach County, Florida, being more particularly described ~s !olloYs: Co_ence at the center oC. SectIon 19; thence N O. 51' 5111 W, alonq . the North South 1/4 Section line a! sdd Section, a dlatance oC 35.00 teet: thence N 87. 58' 21" E, a distance oC 20.00 (eet to the principal point and place of beginning of the folloving descr1ption: Thence continuing N 87. 58' 2111 E a distance o! 20.01 !eet to A point; thence N O. 51' 51" W, along a line 40.00 feet East ot and parallel with said North South 1/4 Section line, a distance or 1191.23 teet to a point on the South right-ot-way 11ne o! Boynton Canal; thence N 88. OS' 26" E, along said South right-of-yay line, a distance of 432.99 feet to a point; thence S 00 OS' 26" W. a distance o! 145.00 feet to a point; thence 293.22 feet along an arc to the right. having a radius o! 420.00 feet and a chord oC 287.30 feet bearing S 20. OS' 26" W; thence 294.96 !e.t. along an arc to the'le!t having a radius o! 325.00 feet and a chord of 284.94 feet, bearing'S 140 OS' 26" W; thenc~ S 110 54' 34" E. a distance o! 70.00 Ceet to a point: thence 234.57 Ceet. along an arc to the right. having a radius oC 320.00 [eet and a chord oC 229.36 feet bearing S 9. OS' 26" W; thence 134.54 Ceet, along an arc to the leCt hav1ng a radius o! 240.00 feet and a chord or 132.78 feet, bearing S 14. 01' 53" W; thence S 020 01' 39" E. a distance of 23.67 feet to a point; thence 227.77 (eet, along an arc to the right having a radius of 145.00 teet and a chord of 20~:06 Ceet, bearing S 420 58' 21" W; thence 5 870 58' 21" W. a distance of 72.34 Ceet to a point; thence N 00 51' 5~" W a diatance ot 85.00 teet to the point of beginning and containing 8~614 acres ot land more or less. I \ \ \ AND -I PARCEL "A- 2.793 ACRES A parcel oC land lying in Section 19. Township 45 South, Range 43 East. Palm Beach County, Florida, being more particularly described as Collovs: Comnence at the Center of said Section 19; thence N O. 51' 51- W. alonq the North South 1/4 Section lIne of said Section, a distance of 35.00 teetJ thence N 87. 58' 21- E.. a dis~ance of 20.00 Ceet to the principal point and place of beginning of ~he tollowinq description: Thence N 87. 58' 21" E a distance of 20.01 feet to a po!nt; thence N 00. 51' 51" W a distance of 1191.23 Ceet to oil. poln~; ~hence N 880 OS' 26" E a distance of 50.01 feet to oil. poin~; thence S 00. 51' 51" E a distance of 135.00 feet to a point; thence N 89. 08 t 09" E a distance of 50.00 feet to oil. poin~; thence S 000 51' 51" E oil. distance ol 180.00 teet to a poInt; thence N 89. 08' 09" E a distance of 10.00 feet to a polnt;. ~hence S 00. 51' 51" E a distance of 690.00 teet to a poin~; thence, S 890 08' 09" W a distance of 24.95 Ceet to a poin~; thence S 00. 51' 51" E a distance oC 160.39 feet to a poin~; thence S 87. 58' 21" W . distance of 34.96 teet to a point; thence S 02. 01' 39" E a distance of 110.00 teet to a point; j:hence S 87.- 58' 21" W a distance of 72.34 Ceet to a point; thence N 00. 51' 51" W a distance of 85.00 feet to the point of beginning and containinq 2.793 acres oC land more or less. .. --- - --- --- ------ . ---- ... __ _ _______- 'll ------ '; \ i 1 \ t~ 1 ! ;; t"- 0 lIt, l i ! 1 &l! .,l ,0,r,\ \ ~.1'o:?' , '-.:/1\<,;'+:-1\ ' :~ &' \ 1 -. --.--'- --- .. ....---....-. 1) (:)~~-. o f)r;)~~ I 01!!R- ~i '~ ~) ~.~ ~0 ~ ~ ~ (;) -.(':'i .. \:Xj \ \ ~~ !-f '30\1N~'" b\"i\~ lO" - ----::-- ~ 4.. ~ 54- .- do Ul ':u1~ ~tO ~z~ wo- ~o- Z r o co , '~4""i #' ."'..,~" ,- · . tj.t.......~! . ':"~'Jot: ..... . ,..-:~'~'::.. 00 I : ~'-. - - I, . t.... .' - .:',. :,d. '.: ,'.' : .: ,(l. .., t ..~. . . ~.'. .0'.. !'.:'.~ ....~...';...I:.... ..,.... 10 r:. , ..... ~. I I I , .' .:~:.~:. r~; . ,. . .;: ..~?...("t .....:~.. ,. ,I....: ..- ..- ',' . t --- --.--L---- 1,.. ! , . I 1 .. \ .'.: ..' ,{ .:' ".J! t: NY^I -:ft,.fl- .- i ,"..' ......... I '.ell ~n..o. ...--.... . ( j. . ~L ... 'f '", ~ .. .. .... ..' 3J.1'>l . J 'I t... 1.11'1 .. '" . 0 ).. ,,I z ~ , cJl . ' H lO" , .. III'" . ,., ..... c J I I , C ,..tl w '~ .. n ,0 . .. l' ,0 i , t I I I ! , I . 'j '-I ' (l r-:-~ L ~ ~ ~ ~ .. . - r ' o , r~t J.,'" · ~t':' . . . .. .' i . I . VI. . '} t._ i. .' ... ""'::' t . .J. Notice of Municipal Annexat ion FROM: City of Boynton Beach, Florida Please be advised by this notification and attached location map, that cer~~4n, land~ have be~n ~nnexed,by BOYNTON BEACH, ,Florida: Informat~onconta~ned here~n ~s pert~nent to the area ~n quest~on. If additioD1t: material is required, please contact the office of: " i~ft THE CITY PLANNER. , Boynton-JCP Associates Name of Developmen t/Owner: Boynton Beach Mall Pipe Preserve/Lake Worth nr~in.<lgp ni 9t. Lake Worth Drainage Dist. Ordinance # 88-11 or Special Act of State Legislature: Bill it Effective Date: 4/5/88 ;' A;rea of Subject Property: 301,435.2 Estimated Present Population: -0- Estimated Number of Existing Dwelling Units: -0- Sq.Ft. 6.9 Acres Estimated Present Residential Density: -0- C~-General Commercial Zoning: (Palm Beach County O.ensi ty Allowed: Zoning) d.u. Is/acre N/A d. u. ' s/acre Existing Type of Development: Open Space Pine Preserve Proposed Type of Development: Same as above *Owner or Petitioner *County Commissioners All City Departments *County Planning, Bldg,Zonin~ All Utility Companies *Area Planning Board Chamber of Commerce *County Tax Assessor Bureau of Census *Secretary of State *Clerk of County Circuit Court to receive copy of prdinance *Supervisor of Registration *State Beverage Department Attachment Location Map *State Department ,of Transporation D-1 -- BOYN-. ON BEACH MALL t ANNEXA TION \ jo----J .,. I .:=J L. ~ 'CONGRESS O LAKES" I 51~ ~ u.' ,~ 'I II ~ ~g :!ffi-- -, II - ---- U~ __- - I~: ~ I ~ I I l. ~ C< I I I L I L:;-;_'~ I: ~ ~ ~ : : I : :: I : .....~)$ L :,l '!. ~ q.---- d __U__uq____. u __~L_ " ("7' JL bAYN"'AA)::7,. '~-\---"'A-1TA.-Y---"-'--' ._ h_..R_V-'. -'--~lY..l.~. "'''-_~n!tl..ru'al- ___u__~ ----..----.-- T ' J', I I '-r ',TT - 00000000';;' -'. '-. '.--- --- - -. ./"._ h_ I.~. I I _....L-L-J 000000000000000000 'J . 000000000 -J I I I 'I I 0000000000000000 _ I I I I /,0000000 , ~1-- 6000000000000 ;. - i I I I I -1 00000000000 - LLL I !1 T T o:o:o:o:o:~ ~ANNEXA TION = I I I I 000000000000, _ t I: 000000000000 ~ _ '1 io' f, 00000000:011 C :3 ~~~~ I ' I ~~~~~~:~B BOYNTON BEACH M"]:.L ~ ~1' rr- .-- i :I I , j I L D!~Tr I f III rJO;), WI'=; " I II ! nl r \ ~f.,D A -ITl- ULL11111 JIJI..J T-~11 I I QlTT1 Ira L--_J~--j ~- lftB ~. -,,~ J --..-. --.- I I ~ p C e ~ NOT i IN II/V .........' ~I I r'dtJl , <; Q 904-1 '1 \,~ \.'.r.l~.~:~= 'L-+.-,-: ..-..: ~:~ ..~ .. , ; , , oft, '_~L-.tl:''-I ...: L. ~,~f:;:l:~'r'.- ~ ~;- . . .:\'. T I.~-r-r---- . i !! II ' : .4 CANAL.. C3 ----- ~r Ii i I:::j c ~ -0 ':-:ur: 1 -hTi~ t= j~'~ r-I~ I ~ '\II"~~~ (. ~l Il~ ~ I~ "'""' - ..... '- . 5~ ON . ri ~ "~E t= - ~t E / 11/11 .\--t7iTJ - ."1"li. __ I - I NC T I tel CI' V P UI I I l ,,- r s 4 ~ -" i-J . J ::::0 1:~f,~~iYlI.~: '~~'~A.I ! [J I) Ir!. r.I '" C\ o 1/8 JO 400. '800 I. ~. ,.-.---,.......:: lij ~ ( ~ ~ ~ U) I/) ~ q: ~ ~ C) I,) J c: s. I , I --- - .. . _...~-_._~_.__. . \\ '1 ----_.--~ -.-" , . , PIC , I , l , a-' -" . - -.. ....~ \ i "\.,. I (T I ,-., : ,\:j I II I '___ -l -- : (1--""- r I 11- r l\;~~E \,\~~I \~~\II \ .11:.' \- \~'~I "~:- , , , I, I I :d-i- ~ 1 :~ ~lU;~ . ,.... ~ .:~ .~:i- , .~~ '~:'i- II~:~ '..:- : .:~ :....~p . " R'I A A R3"l f'" ,.., 111 T T1 /~JI-I ~:~I ::11 I ! '\ :~../j: .: t- . r-li " J-- ~.. I I I I 11,,-/! :, ~II 1--1 / ! '~II ,~ I : , J.D '1 _. '.... TT, :1" : ~ pee I ~_____I W 80 .,ro,'V eeACH ~ . ~~.'~ :,' ", - t : .,..... ,- f-- ':. R 3~ll: ;',: t.~:~ ;: ;:I g:] l~ I T....~ 1/4 I MILES _ '~ V.~I 1600 FEET II(?"'\~ , :; ,.;r;.: :;~~ ,>, ',' oj' t :1. " +,;.. . ,,4' .~.' (: '%' '..,\'~...., . .~~ ~;-~-';"~"::':"~.T:.:' :~.. ~,..,......, ,. ....'....'........,' , '~~.. :' ,'~~!"~': :~~"t ~d " " ~...... --~' ,_._""' .;---::..~,..;:.;..:.." ~~,).; .'. l~'" ..~ :...~'. - ""! :.":. - ~~~'7.:;~~:J..,~,~.. _.~;:: ~... ~'~(~?fl:~~::~: ''": "?*:~" .;;I, &:,., " ,..U~, ~~. . ~ ............1.. ..,.-; ; . ._:.::.~~...;!__: lOr '-'-""'l-' " BOYNTON BEACH MALL 116~ 3t'Lf- ACRES A tract of land located in Section 19, Township 45 south, Range 43 East, County of Palm Beach, Flor ida and further, described as follo~s: Beginning at. the Southeast corner of Section 19, T45 S, R43E; thence N 000 59' 39" W along the East line of said section 19, a distance of 1898.10 feet to 'a point; thence S 890 '00' 21" W, 'a distance of 60.00 feet to a point on the westerly right-of-way line of Congress Avenue, said point also being the principal point and place of beg inning of the following descr iptibn: ' Thence S 880 05 " 26" W, a distance of 846.73 feet to a point; thence S 430 32' 5411 W, a distance of 57.02 feet to a point; thence S 000 59' 39" E, a distance of 258.27 'feet to a point; t h en c e S 16 0 4 6 ' 4 4 . 2 " E , a d is tan ceo f 19 9 . 6 0 fee t to a point; thence S 000 59' 39" E, a distance of 102.20 feet to a point; thence S 440 46' 34" E, a distance of 14.45 feet to a point on the northerly right-of-way line of Boynton West Road ( former ly old Boyn ton Road); thence N 890 46' 34" W, along said northerly line, a distance of 1684.25 feet to a poin,t;, ,thence N 000 51' 51" W, a distance of 1228.05 feet ,to a point; thence N 870 58' 21" E, a distance of 52.34 feet to a point; thence 227.77 feet along a curve to the left, having a radius of 145.00 feet and a chord of 205.06 feet, bearing N 420581 21" E, to a point; thence N 20 01' 39" W, a distance of 23.67 feet to a point; thence 134.54 feet along a curve to the right, having a radius of 240.00 feet and a chord of 132.78 feet, bearing N 14001153.5" E to a point; thence 234.57 feet along a curve to the left, having a radius of 320.00 feet and a chord of 229.36 feet, bearing N 9005126" E to a point; thence N 110.54' 34" W, a distance of, 70.00 feet to a point; thence 294.96 feet, along a curve to the right, having a radius of 325.00 feet and a chord of 284.94 feet, bearing N 140 OS' 26" E to a point; thence 293.22 feet along a curve to the left, having a radius of 420.00 feet and a chord of 287.30 feet, bearing N 200 OS' 26" E to a point; thence N 000 OS' 2611 E, a distance of 145.00 feet to a point; , the nee N 88 0 05' 26 " E , a d i s tan ceo f 1 7 3 8 . 97 fee t to a point; thence S 000 59' 39" E, a distance of 472.86 feet to a point; thence N 880 05 I 26 "E, a distance of 328.87 feet to a point on the Westerly line of Congress Avenue, thence S 000 59' 39"E, along said Westerly line, a distance of 130.01 feet 't6"a pofnt;"thEmce N 460 2i" (j"i;" -'c,.i, a distance of 56.11 feet to a point; thence S 880 05' 26" W, a distance of 430.00 feet to a point; thence S 000 59' 39" E, a distance of 609.99 feet to a point; thence N 880 051 26" E, a distance of 430.00 feet to. a point; thence N 430 32' 54" E, a distance of 57.02 feet to a point on the Westerly line of Congress Avenue; thence S 000 59' 39" E, along said Westerly line, a distance of 170.01 feet to a point; thence N 46027' 06" W, a distance of 56,.11 feet to a point; thence S 880 051 26M W, a dist4nce of 608.00 feet to a point; thence S 000 591 39" E, a distance of 230.00 feet to a point; thence N 880 05' 26" E, a distance of 340.00 feet to a peint; thence S 000 591 39" E, a distance ef 150.00 feet to a point; thence S 880 05' 26" W, a distance of 340.00 feet to. a peint; thence S 000 59' 39" E, a distance ef 229.99 feet to a peint; thence N 880 051 26" E, a distance ef 608.00 feet to a point; thence N 430 32 I. 54" E, a distance ef 57.02 feet to a point on the westerly line of Cengress Avenue; theope S 000 59' 39" E, aleng said weste;ly line, a distance of 130.01 feet to. the principal point and place ef beginning and containing 107.75 acres of land, more er less. AND .(t'. 'X: << ....- -~~~:' :' -,..""_..~'*"~....._.,."-,,.. A parcel of land lying in Secti9n 19, Township 45 Soutn, Range ~3 East,' Palm. Beach County, . rida, being more particulaJ described as follows: Commence at the center of" Section 19; thence N 0051' 51" W, along' the North South 1/4 Section line of said Section, a distance of 35.00 feet; thence N 870 58' 21" E, a distance of 20.00 feet to the principal point and place of beginning of the following description: ,.~ \ \ Thence continuing N 870 58' 21" E a distance of 20.01 feet to a point; thence N 00 51' 51" W, along a line 40.00 feet East of and parallel with said North South 1/4 Section line, a distance of 1191.23 feet to a point on the South right-of-way line of Boynton Canal; thence N 880 OS' 26" E, along said South right-of-way line, a distance of 432.99 feet to a point; thence S 00 OS' 26" W, a distance of 145.00 feet to a point; thence 293.22 feet along an arc to the right, having a radius of 420.00 feet and a chord of 287.30 feet bearing S 200 05' 26" Wi thence 294.96 feEK, along an arC to the 'left having a radius of 325,00 feet and a chord of 284.94 feet, bearing S 140 05' 26" W; thence S 110 54' 34" E, a distance of 70.00 feet to a point; thence 234.57 feet, along an arc to the right, having a radius of 320.00 feet and a chord of 229.36 feet bearing S 90 OS' 26" W; thence 134.54 feet, along an arc to the left having a radius of 240.00 feet and a chord of 132.78 feet, bearing S 140 01' 53" W; thence S 020 011 3911 E, a distance of 23.67 feet to a point; thence 227.77 feet, along an arc to the right having a radius of 145.00 feet and a chord of 205,06 feet, bearing S 420 58' 2111 W; thence S 870 58' 2111 W, a distance of, 72.34 feet to a point; thence N 00 51' 5~" W a distance of 85,00 feet to the point of beginning and containing 8.614 acres of land more or less. 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UUUUUUUUUUUUOUOUUOUOUUO III c:c:c:c:c:c:c:c:c:c:c:,:.c 'cc:.c: .c:c: ''041 4lQ)Q)Q)Q)4l4lQ)Q)Q)4lQ)01lliJ'lQ)Q)OIllOIll4lIll~l-l .J::~.J::.J::~.J::.J::.J::.J::~.J::~N~N~~N.J::qtA~qtI'llU E-!+J+J+J+J+J+J+J+J+J+,~qt+JM+'+'M+'N+'+'r-illllll " .. .. .. .... "..".... ..IH +J+J+J+J+J+J+J+J+J+J+JP+JO C c: c:: c: c c:: c: c: C c c: c: C 'M ~ 'M 'M'M 'M'M 'M'rl 'M 'M'M 'rl +J o \) 000 0 0 0 0 0 0 0 0 c: 0. 0. 0. 0. 0. 0. 0. 0. 0. 0. 0. 0. 0...... o 1'lll'll1ll1ll1ll1ll1lltGI'lllllnlftllllo.ui oBooooooooooo~~ +J +J+J+J+J+J+J+J+J+J+J+J+,r-l +J~+J+J+'+'+J+'+J.j.J+J+J+J 0 1-40 4l " III Q.I 41 III 4J III 4l 41 41 III ~ +J III w ~ 41 ~ 41 ~ III III ~ 41 ~ ~ 1H1H1H1H1H1H1H1H1H\+.41H~""+J~ III ~ r-i~r-iOOOoOIll(7)~Oqt~6 o oOOOOOO\MO'IOMIH . . . . . . . . . . . '. 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N M N .-f .~ 1Il+J . _ - - - . - - - - - - - l:: ro r-i III .... co r-i co r-i 00 .... co .... co - 0 1Il1ll01ll01ll01ll01ll1ll01ll~u 0000000000000 '0 r--oroO(7)O(7)OO\Or--Nr--~C COOCOOOOOCOOCOOCOOCOOlll ZZZtI'lZtI'lZtI'ltl'ltl'lUlUlUlzg' 'M 41 41 ell 41 ~ 41 41 4l ell ~ 4l ~ 41 4l C U U U U U U U U U U U U U u r:: C eel:: C t: c c r:: t: I:: I:: r:: I:: 'M ~ ~ III ~ 41 III ~ 41 4l 4l 4l 4l ~ 4l 0\ ,t::..c:.J::,t::.J::,t::,t::,t::,t::A,t::,t::.J::.J::4l ~+J+J+J+J+J+J+J+J+J+J+J+J+J..a ~ :. RESOLUTION NO. 91- Amending prior Development Orders Adopted November 16, 1982 and December 19, 1989 A Resolution of the City Commission of the City of Boynton Beach, Florida, making findings and conclusions of law pertaining to the Boynton Beach Shopping Mall, a Development of Regional Impact, and constituting this Resolution as a Develop- ment Order by the City of Boynton Beach in compliance with law; providing an effective date; and providing a termination date. WHEREAS, Applicant has had a Development Order approved by the Board of County Commissioners of Palm Beach County ("Reso- lution No. R-74-343) on May 7, 1974 which was adopted by the City on November 16, 1982; which permitted 1,108,000 square feet of gross leasable area; and WHEREAS, Boynton-JCP Associates, Ltd. ("Applicant") has filed a Development of Regional Impact Application for Amended Development Approval with the City of Boynton Beach, Florida, in accordance with Section 380.06, Florida Statutes; and WHEREAS, said Applicant proposes to construct a total of 1,244,449 square feet of commercial retail gross leasable space on the real property whose legal description is set forth in Exhibit "A" (attached to Resolution 89-UUU) and located in the City of Boynton Beach, Florida; and WHEREAS, the City Commission as the governing body of the City of Boynton Beach having jurisdiction, pursuant to Chap- ter 380, Florida Statutes, is authorized and empowered to con- sider Applications for Amended Development Approval for Develop- ments of Regional Impact; and WHEREAS, the City Commission on the 19th day of ....., .' ,l' December, 1989, held a duly noticed public hearing on the Devel- opment of Regional Impact Application for Amended Development Approval and has heard and considered the testimony taken thereat; and WHEREAS, the Applicant has revised the Site Plan in accordance with recommendations of the City of Boynton Beach and consistent with the intent of the requirements of the Treasure Coast Regional Planning Council relative to the Pine Area in the northwest corner of the site as shown on Exhibit "1". The Site Plan submitted as Exhibit "2" hereto is herein approved by the City Commission and no further Site Plan review or variances are necessary to construct and occupy improvements in accordance with the Plan except as necessary to adjust parking ratios to imple- ment the recommendation of the Treasure Coast Regional Planning Council and the City of Boynton Beach regarding the Pine Area; and WHEREAS, the City Commission has received and con- sidered the assessment report and recommendations of the Treasure Coast Regional Planning Council; and WHEREAS, the Treasure Coast Regional Planning Council has appealed the Amended Development Order adopted December 19, 1989 and the Applicant has agreed to certain modifications to the Amended Development Order as set forth herein, therefore, this Resolution shall be deemed to be a settlement of the appeal. WHEREAS, the City Commission has made the following Findings of Fact and Conclusions of Law. FINDINGS OF FACT 1. The proposed Development is not in an Area of '- Critical State Concern designated pursuant to the provisions of Section 380.06, Florida Statutes; - 2 - 2. The State of Florida has not adopted a land development plan applicable to the area in which the proposed Development is to be located 1 3. The proposed Development is consistent with the report and recommendations of the Treasure Coast Regional Plan- ning Council submitted pursuant to Section 380.06(12)(2), Florida Statutes 1 4. The proposed Development is consistent with the local comprehensive plan, zoning and development laws and regula- tions of the City. If the City staff requests a Comprehensive Plan Amendment or rezoning of the Pine Area as defined in Condi- tion 2 in the future, the Applicant will comply with such request. 5. The premises are correct and hereby accepted by the 'City. CONCLUSIONS OF LAW NOW, THEREFORE BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, in public meeting, duly con- day of , 1991, stituted and assembled this that the Development of Regional Impact Application for Amended Development Approval approved December 19, 1989 is hereby modified, by replacing the conditions, restrictions and limita- tions under the headings "CONCLUSIONS OF LAW" and "CONDITIONS OF DEVELOPMENT ORDER AS AMENDED" in pages 3 through 8, set forth in Resolution No. 89-UUU with the following conditions, restrictions and limitations: Application for Development Approval 1. The Application by Boynton-JCP, Associates, Ltd. , for Amended Development Approval is incorporated herein by refer- ence and relied upon by the Parties in discharging their - 3 - statutory duties under Chapter 380, Plorida Statutes. The Appli- cant is Boynton-JCP Associates, Ltd. and shall hereafter include the successors and assigns of Boynton-JCP Associates, Ltd. Sub- stantial compliance with the representations contained in the Ap- plication for Amended Development Approval as modified by the terms and conditions herein is a condition of approval. For pur- poses of this condition, the Application for Amended Development Approval shall include the following items: Application for Development Approval dated August 18, 1988, and supplemental information dated September 14, 1988 and December 12, 1988. Commencement and Progress of Development 2. Failure to initiate construction and physical development within two years from the effective date of the Development Order, or failure to maintain reasonable progress toward completion of the development after having initiated con- struction in a timely manner, shall constitute a substantial deviation and the development shall be submited to further review pursuant to Section 380.06, Florida Statutes. Construction shall be deemed to have been initiated and physical development commenced after placement of permanent evi- dence of a structure (other than a mobile home) on a site, such as the pouring of slabs or footings or any work beyond the stage of excavation or land clearing. Termination Date 3. This Development Order shall terminate on December 31, 2010 unless extended by the City Commission. Nothing herein shall limit or extinguish any vested rights of the Applicant, its succes~or~ or A~~;~nq rpOArd3na t.hp. p~;~+;n~ 1 ,o~_nnn ~nl'~r~ foot of gross leasable area of the existing Boynton Beach Mall. - 4 - ........ CONDITIONS OF DEVELOPMENT ORDER AS AMENDED l. Except as specifically amended herein, all condi- tions specified in the Development Order (Resolution No. R-74-343) and subsequent amendments to the Development Order for Boynton Beach Mall shall remain in full force and effect. 2. Prior to issuance of a Building Permit for con- struction of additional square footage pursuant to this Amended Development Order, the Applicant shall cause the preservation as a native habitat preserve in perpetuity of that area described as "Limits of Pine Area" shown on Exhibit "1" in the northwest , quadrant of the site by recording appropriate Restrictive Cove- nants which, prior to recording, shall be approved by the Trea- sure Coast Regional Planning Council and the City of Boynton Beach. 3. Prior to commencing construction activity within the parcel containing the area to be preserved, (described by IILimits of Pine Area" shown on Exhibit "1"), the preserve area shall be temporarily fenced or otherwise delineated to prevent construction equipment from entering the area. 4. All Brazilian pepper, Australian pine, and Melaleuca on the site (including within the Limits of the Pine Area) shall be removed within two years after the effective date of this Resolution and prior to issuance of a certificate of occupancy for any building constructed pursuant to this Amended Development Order. These species shall not be used in landscaping. 5. Prior to commencing construction of the sixth department store on the site, a landscaped buffer along the west boundary of the Pine Area and adjacent to Javert Street shall be '. provided in accordance with the plan attached as Exhibit "1". 6. A. The use of grassy swales to pretreat runoff , - 5 - before conveying any runoff to the detention ponds shall be uti- lized in the new parking lot additions, (and the parking lots t shall be swept weekly) as shown on the Site Plan (Exhibit "2"). B. Littoral zone planting shall be established around the existing detention ponds utilizing native woody spe- ,; cies. Prior to construction and planting of the littoral zones, the Applicant shall prepare a design and management plan for the littoral zone to be reviewed and approved by the Treasure Coast Regional Planning Council in consultation with the City of Boynton Beach and the South Florida Water Management District. The Plan shall (1) include a Plan view and site location; (2) include a typical cross section of the detention pond; (3) spec- ify how vegetation is to be established within the littoral zones; and (4) provide a description of any monitoring and main- tenance procedures to be followed in order to assure the con- tinued viability and health of the littoral zones. No Certificate of Occupancy shall be issued for any additional square footage constructed pursuant to this Development Order until the Plan is determined to be consistent with the Regional Plan. Wherever possible a minimum of ten square feet of vege- tated littoral zone per linear foot of shoreline shall be estab- lished so that at least sixty percent of the shoreline has a veg- etated littoral zone. Alternate design may be necessary due to physical constraints inherent in retrofitting these existing detention ponds. The littoral zone shall be in place prior to the issuance of a Certificate of Occupancy for any additional square footage to be constructed under this Amended Development Order. 7. Under no circumstances shall post development , '.____.._'"' ..:.j~___.... .t'~-........,,;;...vl'..(eHc:' ~u..V.L.L 'IIv..LUnlt:::b LV.&. Cl bL.ULlU event of three-day duration and 25-year return frequency. 8. No building permit shall be issued for - 6 - construction of any additional square footage under this Amended Development Order, until the developer has prepared a hazardous materials management plan for the expansion and the plans have been approved by the Treasure Coast Regional Planning Council and the City of Boynton Beach. The plan shall: A. Require disclosure by tenant of all hazard- ous materials proposed to be stored, used, or generated on the premises; B. Provide minimum standards and procedures for storage, prevention of spills, containment of spills, and trans- fer and disposal of such materials; C. Provide for proper maintenance, operation, and monitoring of hazardous materials management systems, including spill and containment systems; D. Detail actions and procedures to be followed in case of an accidental spill; E. Guarantee financial responsibility for spill clean-up; and F. Require the inspection of premises storing, using, or generating hazardous materials prior to commencement of operation and periodically thereafter, to assure that the provi- sions of the plan are being implemented. 9. No building permits for the Boynton Beach Mall Substantial Deviation shall be issued until all right-of-way within the project boundaries have been dedicated, free and clear of all liens and encumbrances, to the City of Boynton Beach or ...' I 'l."~ County Thoroughfare Right-of-way Protection Plan~ No dedications are necessary to implement the Substantial Deviation. - 7 - 10. No building permits shall be issued for the Boynton Beach Mall Substantial Deviation until contracts have been let for the following roadway improvements: A. Construct Old Boynton West Road between Mili- tary Trail and Lawrence Road as a four-lane divided roadway. No Certificates of Occupancy shall be issued for the Boynton Beach Mall Substantial Deviation until the improve- ments under A above have been completed. With respect to the con- struction of the roadway improvements, if the Treasure Coast Regional Planning Council (hereinafter the "Council") makes a change in its adopted Regional Comprehensive Policy Plan (here- inafter the "Plan") which does the following: (i) modifies its Level of Service standard for the Regional Roadway network; or (ii) modifies the methodology utilized to calculate the adopted Level of Service; or (iii) modifies the method of calculating background traffic, such that if this Substantial Deviation were being reviewed under said modified policies none of the above roadway improvements would be required to maintain the Regional Roadway Network at the then applicable Council Level of Service through project buildout, then this condition will be terminated without further action by the City Commission or the Council. II. No Building Permits shall be issued for the Boynton 'Beach Mall Substantial Deviation until contracts have been let to construct to the following intersection configura- tions, including signalization modifications as warranted by City, County, or State criteria: A. Hypoloxo Road/Congress Avenue Northbound SC?uthbou~~ one right-turn lane two through lanes two 'left-turn lanes one right-turn lane two through lanes two left-turn lanes - 8 - Eastbound Westbound one right-turn lane one right-turn lane two through lanes two through lanes two left-turn lanes two left-turn lanes B. Northwest 22nd Avenue/Congress Avenue Northbound Southbound one right-turn lane one right/through lane two through lanes one through lane one left-turn lane one left-turn lane Eastbound Westbound one right-turn lane one right-turn lane one through lane two through lanes one left-turn lane one left-turn lane C. Old Boynton West Road/Congress Avenue Northbound Southbound one right/through lane one right/through lane two through lanes two through lanes two left-turn lanes one left-turn lane Eastbound Westbound one right-turn lane one right/through lane one through lane one through lane two left-turn lanes one left-turn lane D. New Boynton Beach Boulevard/Congress Avenue Northbound Southbound one right-turn lane three through lanes two left-turn lanes one right-turn lane three through lanes two left-turn lanes Eastbound Westbound one right-turn lane three through lanes two left-turn lanes one right-turn lane three through lanes two left-turn lanes E. New Boynton Beach Boulevard/I-95 West Northbound Southbound Not Applicable one right-turn lane two left-turn lanes Eastbound Westbound one-right turn lane three through lanes three through lanes two left-turn lanes F. New Boynton Beach Boulevard/I-95 East Northbound -, Southbound one right-turn lane two left-turn lanes Not Applicable - 9 - ..,.:.. ".'-' . ~~"-(,..' . Eastbound Westbound three through lanes two left-turn lanes one right-turn lane three through lanes All configurations shall be constructed and per- mitted in accordance with City, County, and State criteria. No Certificates of Occupancy shall be issued for the Boynton Beach Mall Substantial Deviation until the improve- ments under A through F have been completed. With respect to the construction of the intersection improvements, (including sig- nalization modifications) if the Treasure Coast Regional Plan- ning Council (hereinafter the "Council") makes a change in its adopted Regional Comprehensive Policy Plan (hereinafter the "Plan") which does the following: (i) modifies its Level of Ser- vice standard for the Regional Roadway network; or (ii) modifies the methodology utilized to calculate the adopted Level of Ser- vice; or (iii) modifies the method of calculating background traffic, such that if this Substantial Deviation were being reviewed under said modified policies none of the intersection improvements (including signalization modifications) would be required to maintain the Regional Roadway Network at the then applicable Council Level of Service through project buildout, then this condition will be terminated without further action by the City Commission or the Council. 12. Prior to, or upon issuance of a building permit for the additional square footage, the Applicant shall pay a fair share contribution consistent with the Fair Share Impact Fee Ordinance applicable to the Boynton Beach Mall Substantial Devia- tion. 13. No additional building permits shall be issued after December 31, 1991 unless a traffic study has been conducted '. by the developer, and submitted to and approved by Palm Beach County, the City of Boynton Beach and the Treasure Coast Regional - 10 - " ;, '., . .:.......;.;. Planning Council that demonstrates that the regional road network can accomodate a specified amount of additional Boynton Beach Mall generated traffic and growth in background traffic beyond 1989 and still be maintained at Level of Service C during annual average daily traffic and Level of Service D during the peak sea- son, peak hour conditions. The traffic study shall: A. Be conducted in the 1991 peak season (January-March): and B. Identify the improvements and timing of those improvements necessary to provide Level of Service C under annual average daily traffic conditions and Level of Service D under peak hour, peak season conditions for the subject transportation network during the projected completion of the project, including project impacts and growth in background traffic. Additional building permits shall not be issued until a new project phasing program and roadway improvement program (nec- essary to maintain Level of Service C annual average daily and Level of Service D peak season, peak hour operating conditions) has been approved by Palm Beach County, the City of Boynton Beach, and the Treasure Coast Regional Planning Council for the remainder of the development. BE IT FURTHER RESOLVED BY THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, AS FOLLOWS: 1. Any modifications or deviations from the approved plans or requirements of this Development Order shall be sub- mitted to the Planning Director for a determination by the City \ Commission of the City of Boynton Beach as to whether the change COHI::H..J.\..U\;.t::1:i d bUl)::n:cu1"(.J.dJ. Qe\;~a\...Lv.l db ~J.."J"~"'~U ~u oj.................... 380.06(19), Florida Statutes. The C~ty Commission of the City of Boynton Beach shall make its determination of substantial devia- tion at a public hearing after notice to the Applicant. - 11 - .(~. 2. The City of Boynton Beach shall monitor the devel- opment of the project to ensure compliance with this Development Order. The City of Boynton Beach Planning Director shall be the local official assigned the responsibility for monitoring the development and enforcing the terms of the Development Order. The Planning Director may require periodic reports of the Appli- cant with regard to any item set forth in this Development Order. 3. The Applicant shall submit an annual report as required by Section 380.06(18), Florida Statutes. The annual report shall be submitted on the first anniversary date of the adoption of the Development Order and shall include the follow- ing: A. Any changes in the plan of development, or in the representations contained in the Application for Development Approval, or in the phasing for the reporting year and for the next year1 B. A summary comparison of development activity proposed and actually conducted for the year1 C. Undeveloped tracts of land that have been sold, transferred, or leased to a successor developer1 D. Identification and intended use of the lands purchased, leased or optioned by the Applicant adjacent to the original site since the Development Order was issued1 E. An assessment of the Applicant's and local government's compliance with the conditions of approval contained in this Development Order and the commitments specified in the Application for Development Approval and summarized in the Ke9~Ulld~ ~~ann1ng council Assessment Report for the development undertaken1 F. Any request for substantial deviation - 12 - . '~i:.,,.. . determination that was filed in the reporting year or is antici- pated to the filed during the next year1 G. An indication of a change, if any, in local government jurisdiction for any portion of the development since the Development Order was issued1 H. A list of significant local, State, and fed- eral permits which have been obtained or which are pending by agency, type of permit, permit number, and purpose of each1 I. The annual report shall be transmitted to the City of Boynton Beach, the Treasure Coast Regional Planning Coun- cil, the Florida Department of Community Affairs, the Florida Department of Natural Resources, and such additional parties as may be appropriate or required by law; J. A copy of any recorded notice of the adoption of a Development Order or the subsequent modification of an adopted Development Order that was recorded by the Applicant pur- suant to Subsection 380.06(15), Florida Statutes1 and K. Any other information reasonably required by the City Commission of the City of Boynton Beach or the Planning Director to be included in the annual report. 4. The definitions found in Chapter 380, Florida Statutes shall apply to this Development Order. 5. The City of Boynton Beach hereby agrees that before December 31, 2010, the Boynton Beach Shopping Mall Devel- opment of Regional Impact shall not be subject to down zoning, unit density reduction, or intensity reduction, unless the City " ---'.'~ - ~ .....u.J..., ,-.,:1.a... ................L. _..1'--.i..'~",,"""" ..:..... _W'....u_ _4 _ ..___ underlying the approval of the Development Order have occurred, or that the Development Order was based on substantially inaccu- rate information provided by the Applicant, or that the change is - 13 - ".~. clearly established by the City of Boynton Beach to be essential to the public health, safety, or welfare. 6. This Development Order shall be binding upon the Applicant and its assignees or successors in interest. It is understood that any reference herein to any governmental agency shall be construed to mean any future instrumentality which may be created and designated as successor in interest to, or which otherwise possesses any of the powers and duties of any refer- enced government agency in existence on the effective date of this Development Order. 7. The approval granted by this Development Order is conditional and shall not be construed to obviate the duty of the Applicant to comply with all other applicable local, State, and federal permitting requirements. 8. In the event that any portion or section of this Development Order is deemed to be invalid, illegal, or unconsti- tutional by a court of competent jurisdiction, such decision shall in no manner affect the remaining portions or sections of the original Development Order, which shall remain in full force and effect. 9. This Development Order shall become effective immediately upon adoption. IO. Certified copies of this Development Order shall be transmitted immediately by certified mail to the Department of Community Affairs, the Treasure Coast Regional Planning Council, and Applicant. - 14 - Attest: ::~'.." " ....J..... PASSED AND ADOPTED in a public hearing held on this the day of , 1991. City of Boynton Beach City Commission Mayor Vice Mayor Commissioner Commissioner Commissioner ,City Clerk - 15 - " .. I i I , . I . . ., . . . ',l I . ! t I I I! . . . , .' , , , > . . . , . I . '. I f,l, I' ~,.~ . .. ..".i,.' .... .' '. :-- '::;::::~:' .'w."\ .\. . ',' . " '~. ('. .,;,: irl!o;I&::I~~.. .. . ~ "J ,.,'.. . '0 , , .. ~'" r....., I "."""~' '.; t.:~'.. ..-. ,.... EXHIBIT -A- . l' , BOYNTON BBACII HALL 116.364 ACRBS . I . I I ~ A trao~ of laneS looa~e4 In a.ot'lon 1', 'rown.hip 45 South, Ranqe 43 East, County of 'a1.. aeaoh, Florida ari. furth.co de.crlbed AS tol10~'1 B~91n~ln9 at. the Southe..t corner oi Section 19, Tt5 8, Rele, thence N 00 - 59' J9 - tI alon9 the ea.t lJ.ne of .ald SectIon 19, A di.tance at 1898.10 teet to 'A poLnt, thence 8 .,- '00' 21- H, a diatanee of 60.00 fe.t to a point on the we.tei.!y right-ot-way I1ne at Congre.. ^venue, 'Aid point a1.0 being the principal point and place ot beginning at the tollowlng descrlptlbnl i'hence S 88- 05'" 26- H, a cU.tanae of 846.73 feet to a paint, thence 8 43. 32' 5.. H, A dl. tance of 57.02 ,teet to a paint, thence S 00. 59' 39- E, a distance ot 258.27 teet to a point' thence S 16- 4" 44.2- E, A dlstAnce 01 199.60 teat to a polnt, thence S 00. 59' 39M 2, a distance 'ot 102.20 teet to a point, thence S 44- .S' 34M B, A distance at 14.45 teat to a polnt on tho northerly right-ot-way line ot Boynton Wa.t Road (formerly old Boynton ROAdl, thence N 89- 4" 34- W, &10n9 SAid northerly I1ne, A dl.tance at 1684.25 leet to & poInt,. the n ce N 00 - 51 I 51 M H, a d L. ta n coo t 1228 . 0 5 t a a t to' a pointl thence H 81- 58' 21- B,A distance ot 52.34 teat to & polnt, thenae 227.17 teet along ~ curve to the left, having & radius of 145.00 feet and A chord of 205.06 teat, baarlng N 42- 581 21- 2, to ~ point, thence N 2- 01' 39. W, a dlstanca of 23.67 teet to a point, thence 13.c. S.c teot Alon9 & curve to the riqht, havlng a radius of 240.00 teet And A chord ot 132.78 teot, bearing N 1.. 01' 53.5" E to A point. tbance 23".51 teot along a curve to the lelt,' havLng a radlu. of 320.00 teet and ,a chord of 22'.36 feet, bearinq H ,. OS' 26. E to a point) thence N 11- .54' J." H, A distanca ot 70.00 teet to A polnt, th~nce 294.9' teet, along A curve to the right, havlnq. a radius of 325.00 teet and A chord ot 28(.'4 teet, bearing H 14-,05' 26. E to a point1 thence 293.22 teet Along a curve to the lelt, having A radius'ot 420.00 teet and A chord ot 287.30 feet, bearing N 20. OS. 26- B to a point, thence N 00. 051 2'" S, A distanqe of 145.00 leet to a poInt, .thenbe N 88. OS' 26" E, A diatance at 1738.91 teet to a point, thence 5 00- 59' 39M B, a dietance ot .72.86 feat to a point, thence N 88- OS' 2'.B, A distAnce ot 328.81 teet to a point on the Westerly 11ne of Congre.s Avenue, t~ence 8 00. .5~",. ~9.~.f a.!~ng said Westerly. ~~n~,. a. d.f.stance 01 130.01 teet to A point, thence N .6- 27' 06M W, a distance ot 5'.11 tset to a poInt, thence S 80- 05' 26- W, a distance of 430.00 teet to a point, thence S 00. 59' 3'- 2, A distance ot 609." teet to A point. thence N 88. 05' 26- S, a diatance at 430.00 teet . to' A point. thenoe tI 43- 32' 5.. ,2, a distanoe of 57.02 taet to a point on the HQ.terly l1no of Congress Avenue, thence 8 00& 591 39- E,' Along BAid We.terly lLne, a dIstance ot 110.01 ........ ~'_ ._', ': '~..;.~:=: .~ ~~. "'''?' flF.- ~. Jl "I_tane. of 56..1.1 teet to a poJ.nt.,thence S 8a. OS' 26- W, a ol,u:'1'j"'. U&; .v......_ teet to A point, thence S 00. 5" 3'- E, a dietanee ot 2JO.00 teet to A point, thence N 8S- OS' 2'- B, a distance ot J40.00 teet to A point, thence s 00. 59' 39- E, A di.tance ot 150.00 teet to A point, thence S 88- OS' 2'. W, A di.tanco ot 340.00 teet to A point, thence S 00. 5" 3'- E, A dietanao of 22'." teet to A point, thence N "-'05' 26- S, A diatance ot 601.00 teet. to a point' thence H 4J- 32'.5.- E, a die.tance of 5'.0'2 l eet. to . po lnt. on the We. tecly. 1.1ne ot Con9ce.. Ay.nu., thenpe S 00 5,1 J'- 8, a10n9 ..14 We.t.erly 11n., a 41stano. oe 130.01 leet to the prlno1pal po1nt and pla~. of b.91nn1n9 And contAining 107.15 Acre. at land, more or 1.... AND '.:". '.;., ~:/;~:~.. . ! I . - A parcIl ot land ly1n, 1ft S..tloa l'~ fownthi, 45 SoutKi....t. .~. CI.t. ,.1. B.lCh County. Florida. b.tnq .or. partlcularl, d.acr1b.d .a lollo~" . CONl.ne. at the c.nter oC' SectSOR 1', thene. If o' 51' 11' ". dong · the North South 1'. hctton lIn. ot la1d ..aUoA, I dhtane. of 35.00 Cut, th.ne. N U' U' 21.- t, a dllt....a. eC 10.00 (..~ to the principal p01nt and pllc, oc b.q1nn1nq 01 the (ollowlnq d.scription. Th.nc. conClnuinq N I'. 51' 21- C I dt.tane. ot 20.01 I..t c. a poin~, th.nc. H O' 51' SlM W. 110n9 I 11n. 40.00 t..t la.t .1 'A4 parallel with laid North 'outh lit l.cUon 11n., . dhtlftc. at 1191.13 l..t to a point on the South right-ot-way 11n. oC 10yntoA C~nal, th.nc. N 8a. OS' 26M E, alonq .atd South right-oC-way 1In.. a dl.t~ne. at 432.99 t..t to a potntl th.ne. 5 O. OS' 26 w..,~ di.~.nc. oC 145.00 t..t' ~o . point, th.nc. 293.22 l..e alonq an arc to the rlqht, having a radlu. oC 420.00 t..t and & cbo~d at 217.30 C..t b.arln9 S 20. OS' 26- W, th.ne. 294.96 C..t. aloft9 ~ An a~c to theil_It havln9 a radJua of 325.00 t..t and a ch.~d.t . 284.9. l..t. b.arlnq. S ,.' OS' 26- W, th.nc. S 11. 5t' 2.- E. a diatana. ot 10.00 (.at to . poinc, th.nc. 234.57 l..t, aloft9 IA a~c to the riqht. hlvlnq I rAdtua 01 320.00 t..t lnd . chord 01 229.36 t..c b.artnq S 9' 05' 26M W, th.nc. 134.54 t..c, 110A9 I. arc to chI htt havin, a r.dlul of 240.00 t..t and I cho~cI ot 132.7. ,..C, b.arlnq 5 1.' 01' 53- HI chenc' S 02- 01' JI' I. & diatanc. oC 23.67 t..t to a point, th.nc. 22'.11 (t.c. aloA9 IA arc to ch. r19ht havln, a radlua 01 145.00 l..t and a chord .1 . 20' .06 (e.t. burin, S 42- 51' 21- W" th.nc. S 1,. 51' 21- W, & dl.1:U\ce oC 72.3t c..t to . poiRt, ~b.nc. " O. 51' 51,..- .. & dl.canc. at ~5.00 C..t to the point ot b.ginning and cont.inlng 1.61~ acr.. oC land .or. or 1.... , f ., j' -J .. I '" , ", I , . . . ." . . \ ' . I " I I II , '. . . . , , , . ' . . I · II I . I f'! . ..' ..... " ':.. :',At~:--I.'''J~1' ',\ " . ' . ."~ ~'. ~ i;. :.:1\ . .~ ,( ~ ' _ '...' :~{..';j:~:;::L .~\.~:'<<f<'~"~ . . .... :W'~~. . A .,,' ,..,~ .....\:.i... <( .t. i' . . , p . ~ , l- . ,. . , ~ . .~ ~ -- . .-- J f I J J ~. !. . _ __ . . 1111. I i ~ ~nll I ..nili liH~ 5~ ~o. ). .0 m -..- - - __e -.--..... -.. ..- - ........ A':U '" b'V" J 0" , . ___a . - '), (I o D . " " I . "'.... '. ':'. ~';... ':.-::. ' ........t.......t......,'~~~ ':.,.!~t,:~'1.~'.; >.~';'" .'. .', '. ' ..' '.......:..-j.i.. ". .1'(; .I:., ' . .',' .' . JIF'.... (~':-r. ;:'J ,...:?~. ("~ . .; ":' . . .. , . . . .' .. . EX1\1.B1.T 2 . .. i .. , .' .. . ' . '. . . . , , d.-t. .. . ~".". \,~....\.. . .:~~:~\ ;-. l..,~~..~ ,... . \ ~,..' . .~- ~.' ' . . . , - . . .. . , , \ ~ . I I '. \ \ .. \H~^' ", .~. , ~ ,. '31. \')( , J 'hl. ,... \.11\ ~ . 0 & d ,. '" 1.0" '. . ~-j.\. \ . \ \' .. , t \ , , ... . 'lo .. .,~ . .~ O",\:I.~. I ~ .. .. , . ,.. . '1 -\ ~- ... eo;--.-n.--- ' , \ . n.' .. , ,..., Y A, ',>-- A I :'<'fAc (1- /V ALL (0 /V f (),IV +-' . JOSIAS & GOREN, P.A. \.. ATTORNEYS AT LAW SUITE 200 3099 EAST COMMERCIAL BOULEVARD FORT LAUDERDALE. FLORIDA 33308 STEVEN L, ..JOSIAS SAMUEL S, GOREN ..JAMES A, CHEROF' DONALD ..J, DOODY TELEF'>HONE (305) 771,4500 PALM BEACH (407) 276-9400 FACSIMILE (305) 771-4923 July 20, 1990 KRISTINE A, MAGNUSON KERRY L, EZROL SCOTT A, ELK MITCHELL S, KRAF'T ..JAY D, MUSSMAN J. Scott Miller, City Manager City of Boynton Beach 100 E. Boynton Beach Boulevard P.O. Box 310 Boynton Beach, FL 33425 RE: Boynton Beach Mall: FLWAC Appeal APP-90-003 Dear Scott: Enclosed, please find correspondence dated July 11, 1990 from Patricia A. Woodworth, Secretary of the Florida Land and Water Adjudicatory Commission evidencing the staff's recommendation incident to our recent Joint Motions/Stipulations filed with FLWAC. As you will note, the following will now prevail: 1. All parties will be required to file their Pre-Hearing Stipulation on or before September 14, 1990; and 2. This matter will be considered by the Commission on October 23, 1990 in Tallahassee, Florida, Based upon the foregoing, and in conjunction with my discussions with legal counsel for the Treasure Coast Regional Planning Council and the applicant, I would strongly suggest that we set a meeting at City Hall with you and your staff to assess the status of this matter and how best to strategize prior to the need to file appropriate documentation. I have had several in-depth discussions with counsel for the applicant which I believe require our attention prior to meeting with legal counsel and their respective clients, Would you be so kind as to have your secretary contact my office to advise me as to your availability over the next seven (7) to ten (10) days at which time I would like to visit with you in your office and discuss these matters in greater detail, Also enclosed, please find a copy correspondence dated July 10, 1990 to Patricia Woodworth from Larry Corman, Esquire filing the Joint stipulation Requesting the Extension of Time for filing the prehearing Stipulation along with a copy of the Joint sti~ulstiq~ signed by all parties. ItlEJ=:~'_'/ _~j_L: J U L ''''1 19C)C CITY ~.'1;\i'::".'=='~':c; O~FICE Thank you for your cooperation with regard to the foregoing, and, I look forward to speaking with you upon your receipt of this correspondence. siterelY, /'( Orrv SAMUEL S, GOREN Assistant City Attorney SSG:mp letters/ boynton/miller cc: James A. Cherof, Esquire, City Attorney STATE OF FLORID.A. ~ffi'c.c of tq.c <i nb.crnnr TIiE CAPITOL TALWiASSEE, FWRIDA 3~39<)OOOl BOB MAim NEZ GOVER.,'\}OR July 11, 1990 TO: Counsel of Record RE: The Boynton Beach Mall, a Development of Regional Impact in Boynton Beach, Florida (FLWAC Case No, APP-90-003) The Joint Motion to Extend Time to File Prehearing Stipulation and to Postpone Commission Meeting in the above-styled case is granted as follows: 1. The parties will file their Prehearing Stipulation on or before September 14, 1990; and 2. This case will be considered by the Florida Land and Water Adjudicatory Commission on October 23, 1990. Sincerely, ~d!~~~<4L ~icia A, Woodworth, Secretary P Florida Land and Water Adjudicatory Commission PAW/tbt cc: Members of the Commission Parties of Record HODGSON, Russ, ANDREWS, WOODS & GOODYEAR (A PARTNERSHIP INCLUDING PROF'ESSIONAL ASSOCIATIONS) ATTORNEYS AT LAW 2000 GLADES ROAD. SUITE "'00 BOCA RATON. FLORIDA GG4:Jl RICHARD A GOETZ. P.A. . CHAFU..ES T. BARKER. P.....' L.AWA~NCE r. Bt:Y~'" DONALD C. LURICK H. MlENNIt:TH SCHROEDER, ,JR. ANTHONY L. DUTTON C......RLES..J HA...N STI!:PHEN M. NlEW......... DIANNE BENNETT ..JOHN P. AM!:RS",AOIAN .JEROME 0 SCHAD .....Rt<. G SPELMAN MELISSA'" ......Y BOCA RATDN (407) 394-0500 PAL'" BEACH (407) 736,2177 BROWARO (305) 764,2440 F'AX (305) 427-4303 VICTOR T. '-UZAK GORDON A. "'AeLE:OO .JOHN C eAABEA. ,JR. CHRIST'AN G. KOELBL. m L....NCE .J. ......ODEN WARD e. HINKLE ROBERT e. F'"LEMING. .JR. TODD M. ..JOSEPH ALLEN H BEROZA DAVID KOWALSKI F'" WILLI........ GRAY, m ANNE SJrr04ITH S"''''ET tf.ENNET.... F'". e....RONE TEARY C. BURTON ..HERROLD S. BROWN WiLLi..... C. MOR....N ROBI!:RT oJ. LANe. ,JR ELLEN \I WE'59""""'''' PARTNERS NOT ...O....tTTED IN F'LOR'OA PARTNERS AOMITTED IN "LOAIO" .JA....ES .... PORTIER. CORM"'C C. CON"HAN. L.A..... CO"........N w MICHAEL H. GOR"". RICHARD E. HEATH ,J.....E.S ..... WADSWORTH WIL.LIAM H. GA"DNER ROBI!:RT e. CONKLIN PAUL. R. CO....EAU RICHARD ~. CA....PBELL PAMELA DAVIS HEIL""AN O....RAV .... GAAeER .......R~ S. KL.I:IN AL.ICE A. .JOSI:,,"EA CAROL IS HAIGHT' AS5OCIATE.5 ADMITTED IN "L.ORIOA EDWARD L "AT AU. . RESIDENT IN F"LORIOA 1800 ONE'" & T PLAZA BUFFALO,Nn(14200 (""!I) e!le '''000 ROBERT.... WAl.MER R. WILLI"'frolI LARSON D...VID E. HALL HARRY G. MEYER KARL W MRISTO"'" DANIEL. R SHARPE: PAUL 0 PEARSON ROBERT 'IN MELLER DAVID A. ,....RMELO GAAy.... SCHOBER P"UL l. PI!:RLMAN MENNETH P F"RII!:O.......N PETER A. MUTH EDW..RD C. NOATHWOoD 5US"""" ,J. EGlo"" RtCK WILL'AM MENNEOY JE""RI!:Y W. STONE BENJ.......IN M ZU,.,.R....NIERt. JR THREI!: CITY SOU"RE ~ANY.Nn(12207 (",e) ..e" 'Z333 1'-01 NEW YOAM ....VENUE, N W., SUITE 1201 WASHINOTON. DC 20000 (Z02) 3....' I>el>e 3 ROBERT 9PECM. P"RM.WAY. SUITE 900 MISSISSAUOA, ONT. CANADA L4Z 200 f..e.) !.ee. !Soel [PR....CTICE RESTRICTED TO u.S. LAW) July 10, 1990 FEDERAL EXPRESS AND FACSIMILE Ms. Patricia Woodworth, Director Office of Planning and Budgeting Executive Office of Governor 501 S. Gadsden Street, Room 415 The Carlton Building Tallahassee, Florida 32301 Attention: Ms. Teresa Tinker Dear Ms, Woodworth: Re: The Boynton Beach Mall; Case No. APP-90-003 As you may know, this office represents Boynton-JCP Associates, Ltd., the Owner/Developer of the Boynton Beach Mall in connection with the above styled matter, Enclosed 1S an orig- inal and one copy of a Joint Stipulation of the Owner/Developer Boynton-JCP Associates, Ltd., the City of Boynton Beach and the Treasure Coast Regional Planning Council requesting an extension of time for filing the Prehearing Stipulation and for scheduling a hearing before the Cabinet in connection with this case. We trust that you will note that the parties to this action believe this Appeal can be amicably resolved, which would avoid the need to expend significant administrative and legal resources on this matter. Please contact the undersigned at your earliest HODGSON. Russ. ANDREWS. WOODS & GOODYEAR Ms. patricia Woodworth Page 2 convenience with your response to this Motion, It is our under- standing that you are the individual who will make the decision on this request for an extension of time, Accordingly, we would greatly appreciate your contacting us by telephone and by facsim- ile so we can receive a ruling responding to this request for extension of time by the end of business on Tuesday, July 10, 1990. Thank you for your anticipated attention to and con- tinued cooperation regarding this matter, We look forward to hearing from you in the immediate future, Very truly yours, HODGSON, RUSS, ANDREWS, WOODS & GOODYEAR BY: ~ fJ /Y.' c;"""""'^--. '-../ -'-'~f&ry Corman Enclosures copy to: copy to: Roger G. Saberson, Esq, Samuel S. Goren, Esq. EmIBIT A Roger G. Saberson, Esq. Law Offices of Roger G, Saberson, p, A. 100 E, Atlantic Boulevard Delray Beach, FL 33444 J. Scott Miller, City Manager 100 E. Boynton Beach Blvd, Boynton Beach, Florida 33435 G. steven Pfeiffer, Esq. General Counsel Dept. of Community Affairs 2740 CenterviewDr, Tallahassee, Florida 32399 ~J Patricia Woodworth, Director Office of Planning and Budgeting Executive Office of Governor Room 415, Carlton Building 501 South Gadsden Street Tallahassee, Florida 32301 Mr. Daniel Cary, Executive Director Treasure Coast Regional Planning Council 3228 S.W. Martin Downs Blvd, suite 205 Palm City, Florida 33490 Samuel Goren, Esq, Josias & Goren, P.A. 3099 E. Commercial Blvd, #200 Ft. Lauderdale; Florida 33308 Mr. Dick A. Greco, , Vice President The Edward DeBartolo Corp. 100 s. Ashley Dr., suite 1255 Tampa, Florida 33602 Leona F. strickland Florida Land and Water Adjudicatory commission Executive Office of Governor 421 Carlton Building Tallahassee, Florida 32399 IN THE FLORIDA LAND AND WATER ADJUDICATORY COMMISSION IN RE: THE BOYNTON BEACH MALL, a Development of Regional Impact in Boynton Beach, Florida Case No. APP-90-003 TREASURE COAST REGIONAL PLANNING COUNCIL, OWNER/DEVELOPER BOYNTON-JCP ASSOCIATES, LTD. AND THE CITY OF BOYNTON BEACH'S JOINT MOTION TO EXTEND TIME TO FILE PREHEARING STIPULATION AND TO POSTPONE COMMISSION MEETING The Petitioner, Treasure Coast Regional Planning Coun- cil ("TCRPC"), Owner/Developer Boynton-JCP Associates, Ltd., ("Boynton-JCP") and The City of Boynton Beach, ("City"), by and through their undersigned counsel, and pursuant to Florida Rules of Administrative Procedure, Rule 42-2.008(3), hereby request that the Secretary of the Florida Land and Water Adjudicatory Commission ("Commission") grant an extension of time for the par- ties to file their prehearing Stipulation pursuant to Rule 42-2.008(2) to September 14, 1990 and to postpone until October 17, 1990 and October 23, 1990, the date on which the Commission will meet pursuant to 42-2,008(4), and as good cause therefore states: 1. The Petition filed by the TCRPC in connection with this matter was docketed on February 15, 1990, Pursuant to F,A.C. Rule 42-2,008(2), the parties were obligated to file a Prehearing Stipulation on or before Friday, March 16, 1990, Pur- suant to F.A.C, Rule 42-2.008(4), the Commission was required to meet to review the issues raised by the party on or before Wednesday, April 18, 1990, 2. An extension of time regarding the matters described in paragraph 1 hereinabove has previously been stipu- lated to by the parties and granted by the Commission, The par- ties are presently obligated to file a Prehearing Stipulation on or before Monday, July 16, 1990 and to hold a hearing before the Commission on Tuesday, August 14, 1990, 3. The TCRPC, Boynton-JCP and the City, respectfully ~ ."", request that both of the time periods described in paragraph 2 be extended as set forth above, 4 . The proposed extension of time will pro',,: ~cJe Boynton-JCP and the City with an opportunity to pursue and obtain a transit agreement from the Palm Beach County Commisslon and other entites necessary to implement the transit alternative ois- cussed with TCRPC, 5, Accordingly, granting an extension is appropriate as it will assist the parties in amicably attempting to resolve the Appeal, and the unnecessary expenditure of the Florida Land and Water Adjudicatory Commission administrative resources will be avoided. WHEREFORE, having established good grounds therefore, the Petitioner, Treasure Coast Regional Planning Council, Boynton-JCP Associates, Ltd, and The City of Boynton Beach, respectfully jointly request that the Commission grant an exten- sion of time as described herein, Dated: Dated: rJ! r/ J{} LAW OFFICES O? ROGER G, SABERSON, P,A. Attorneys for TREASURE COAST REGIONAL PLANNING COUNCIL 110 E. Atlantic Avenue Delray Beach, FL 33444 BY, q:~G~~ 7/1/10 HODGSON, RUSS, ANDREWS, WOODS & GOODYEAR Attorneys for BOYNTON-JCP ASSOCIATES, LTD, 2000 Glades Road, Suite 400 Boca Raton, FL 33431 ~ C. Conahan, Esq, Dated: '!/O/7tJ JOSIAS & GORDEN, PA, City Attorney for the CITY OF BOYNTON BEACH 3099 E. Commercial Boulevard Suite 200 Ft. LaUder~. Florida 33308 BY; ~. (~ r~/( Samuel S, Goren, Esq. Assistant City Attorney - 2 - WE HEREBY CERTIFY that an original and one copy of the foregoing has been sent by Federal Express to Patricia Woodworth, Director of the Office of Planning and Budgetins, Executive Office of Governor, Room 415, Carlton Building, 501 _iD~ South Gadsden Street, Tallahassee, Florida 32301 this day of July, 1990 and by first class mail to the addressees listed on the attached Exhibit "A". HODGSON, RUSS, ANDREWS, WOODS & GOODYEAR Attorneys for Boynton-JCP Associates, Ltd, 2000 Glades Road, Suite 400 Boca Raton, Florida 33431 Telephone: (407) 394-0500 /.J ~C/l)~ Conahan, Esq, J I It I]f, . 'le' C(~: ~:,4 Ill; ! IJC:: W:; Hf 1[1 bOREII IEL t 10 :3\Y5' i' ,'l-4<:PJ, ___ "~I1'l'-~ C1JN - ~<>t-fCtJ~,ss,o.j I w tt:4J~ C ~ P tAtJJJ~ P. A. l"4.:t7u~e) h;.-sr c..l~ JA.r:,A.. M(~ (, ) UIJ"-rIV\t htt JOSIAS Be GOREN, AHORNE)S AT L.AW flu'-" tOO ~o,," C...8'" C,C'''''''EACIM. eOULE:vAflD FORT L"'l'lHtJUU-l.E. F1.0ltIDA 033<>8 wT~VS:"-i l. .JOg ;t..g ~""MLlrL 11, ~-:'>~l!N ,J"'~~:l\'" e"l't?e~ OON"lO J n(\oo'Y TELt:PHO'le: (:!lO!l) 77' '4~OO P....'-.M '" r,ACH (...O?J I.';'~. 0.00 ~"Cr,""l.lO (306l711, 4923 t'\1It1&TI'~I~ ,., MAO,..UO'Q.... Kt:RR~ L. e-2RDL SCOTT .... E~K MITCHC~~ S, KnArr .'''~ ", MUlll!lMoIoN I~J1~.l.~--I.l!.Atl~lII S1!lilli RECIPIENTS FAX NO. July 6, 1990 FROM; Rosemarie, Legal Department Samuel S. Goren, Esquire TO: This transmission contains sheet. ~ Pages includinq this covar FILE REFERENCE: Boynton Beach/Boynton Beach Mall FILE NO. 900208 COMMENTS: Ff@1\'f(@",,""clI."trl'bue~~aIft!~l'._... .L.-r,-,~liI.ller- Enclosed please find my corrQcpondenoo dated July 5, 1990 enclosing copiQSI of plaadhlgs for your review in connection with the above-referenced m~tb;Jr . Plp-a~Q raviow and oontaot me at your convenience. I look forward to hearin~ from you. .,@ If any prohle~s occur in receivin9 this message, please call this offioe at (305) 771-4500. Thank you. - ~ =- . -...::.;""","1. ~ 111(' 9fl 19S5r . pt~'mNG;rJtifit:- ~ .t. _ TI'. 17 r 'V{ T~tTIT"\. . ~. . ~"l ~ .J, l' ~ ~" ~_ ..-1 ".I _:LI _ t '1 .Cc ~ ...:.~' ~JUL 6 1990 CITY Mr\N/\GErl'S OFnCE , JUL-06-'90 08:55 . ID:JCS1AS AND GOREN TEL HO::;305-771-4;;J23 ::;02: P02 JOSIAS & GOBEN, P,A, ATTOl'lNEY& "T L.AW SUIT! 200 :)Ogg &AST C:OMNI!RC:IAL 1I0ul.li:VAAO FORT LAUD&:all.Al.B. 11.oBID.6 ODllOS 9TI:.VI':N 1.. .JO~l.&~ .....UEL S, GORE,. .J.....ES ..., CHJ;:F>QF' DO"'.I..C ,J, 0000\0 TfLEPHONt (~O:o, 771 .41~OO .....I..... .o:...C.. {",o71 2"1;1-11>.00 .....cs,...' LE (308) ~"'. ""23 July 5, 19~O K"'BTIN!!:.... M...ar.l\JlION K~..V 1... Iii:ZDQL aeon A, e:1..t\ MITCl-IELL a, "A.."'f ..JA'f P MUSSM....N J. Scott Hiller, city Manager city of Boynton Beach 100 E. Boynton Beach Boulevard P.O. Box 310 Boynton Beach, PL 33425 RE: Boynton Beach Mall; FLWAC Anoeal APP-90-0Ql Dear Scott: Enclosed, tor your review and files, please find a copy of the tollowinq documents in connection with the above-refereneed matter: 1. Treasure Coast ,Reqional Planninq Council's {"TCRPC"} Response to Affirmative Defenses of the Onwar/Developer and the city of Boynton Beach; 2. Motion to strike and Dismiss the Answer, Affi~ative Defenses and Hotion to Dis:miss of OWner/Developer Boynton- JCP Associates, Ltd. and the city of Boynton Beach; and 3. TCRPC's Response to Owner/Davaloper'8 and the City of Boynton Beaoh Motion to Oiamics the Appeal. At this time, I am quite concernad regarding the position to be advanced by the Owner/Developer in consequence of the aforementioned Res:ponssa and Motions filed by the TCRPC. on several occa.sions, I have made efforts to cODmlun1cate with the Owner/Developer'a legal counsel who haa continuously advise~ me that his client 1I...wa~ workinq on the transportation issues with the appropriate qov.rnmental agencies_" To date, no settlement potential haa been GKtracted from these discussions. Now, tha City is in c position requirinq it 'Co aqress1vely res:pond to the Moeions and Rel!iponses ot the TCRPC to leqally &upport the CitY'1!I Development Order which 1s currently under attaok. usually, the Owner/Developer takes the more agqressive position in defending the Development order, but in this instanoe, that ha5 apparently not yet occurred. JUL-!JS-'90 08:55 ID:JOSlflS AND GOREN TEL NO:J35-?71-4g23 1:*023 P03 Pursucnt to Chapte~ 42, Florida Adm1nsitratlv$ Code, the enclosed MQtion9 will likely be reterred to a hear1nq officer unless the Governor end Cabinet elect to retain juriSdiction of this matter and dismiss the matter outr1qht, KY experience has been that the Governor and Cabinet, sitting as the Florida Land and Water Adjudicatory comm1ssion, will typically refer the matter to a hearin9 officer trom the Division of Administrative Hearings. At that time, the city WOUld be obliged to argue aqainst the TCRPC and to prepare either an aqreed pre-hearinq stipulation or a unilateral stipulation setting forth those matters required by Chapter 42-2.008(2), Florida Administrative Code. I WOUld suqqest that we meet as soon as practicable to further discuss the SChedule of events which will occur as this matter proceeds pursuant to Chapter 42, Florida Administrative Code and Chap~er 380, Florida Statutes I ~:r81Y' SAMUEL S. GOREN Assistant City Attorney SSG:mp letters/ boynton/miller CC: James A. Cherof, Esquire, city Attorney JUL-06-'90 08:56 ID:JOSIAS AND GOREN TEL NO:305-771-4~23 ~323 P04 , IN THE ~LORIDA LAND AND WATER ADJUDICATORY COMMISSION IN RE: THE: BOYNTON BEACH MALL, a Development of neqional Impact in Boynton Beach, Florida Case No. APP-90-0Q) TREASURE COAST'S RESPONSE TO AFFIRMATIVE DEFENSES OF THE OWNER/DEVELOPER AND THE CITY OF ~OYNTON BEACH Treasure Coast Regional Planninq Council (hereinatter "Treasure Coast") is filing simultaneously herewith its Mo~1on to strike and Di~ni~s the Answer, Affirmative Defen~es, and Motion to Dismiss of the Owner/Developer and Boynton Beach due ~o the late filin~ thereof and ~reaeure CO~5t hereby incorporates its Motion hQrein by referenoe and without waiving the position taken in such Mot.i~:l 'to 3t1:'ik% and Oismiss, c10es hereby, by and through its. undersiqned Attorney, hereby brings its reply to the Affirmative Defen5es ot tne owner/Developer and the City of Boynton Beach and states as tollows: 1. Replying to the first Affirmative Defense, Treasure Coast states as follows: Even if the external traffic caused by the propo~ed change does not result in a 15% increasQ in external traffio, thie allegat.ion does not constitute a defen~Q. If thG external tr~ffic were lncreased by 15% by ~hQ proposed ohange, then J80.06(l9) (b) ~ providQs "..,.5~all con8titu~e a Bubstanti~l deviGtion and shall cause thQ devolopment to be subj ect 'to further aevelopment of r8~ional i~pact reviow without the necessity for a findinq of same by the loca.l governl\\cnt.t. The Owner/Developer in this Atfirmative Defense assumes that if the extel"nal traffic is not increased by 15% that no $ubstantial deviation review is required. However, this is incorrect as is further set forth in 380.06(19), In tact, the Owner/Developer by the manner in which this 1 "":~ JUL -06- ''30 08: 57 1 :J : rOSlAS H~~D GOREN TEL NO:305-771-49~3 :4023 ~ App11ca~lon has been filed and processed has admitt$d its sUJ:)stantial deviation status, and therefore has waived and ia ..,.." "" "" L""l"'..1..I UHAU':JU, 1..e.S'!1&J\ ;JUU.U(.{i~) \11~ indioates that substantial deviation status may be admitted by ~ developer. It provides in part, that "when further development of regional i'71;':' ~ review is required because a substa.ntial deviation , the developmant orclQr issued by the local government: shall 1:>e consistent with the rQquirements of subsection (15)...1O (emphasis added). HencQ the statute specifically recognizes that the OQV'elopar may admit., as this DeVeloper has, the substantial deviation atatus of a proposed change. Furthermore, the Owner/Developer's representative, Mr. Greco ~nd Attorney, Mr. Conahan appeared before the Treasure Coast Re]ional pl!nn"...J GOUH:;,il meeting of January 19 t 1990 and agr4;!ed ~o almost all of the conditions which were proposed by the ~taff or the Regional planning Council to resolve this matter and at no time argued that the proposed chanqe did not oon.titu~e a substantial deviation. Also, on information and belief it i:s ~ alleged that at no time did the Owner/Developer take ~he po~ition at the city of Boynton Beach level that tho proposed change was not a substantial deviation. 2. Treasure CoaGt replying to the second Affirmative Defense states as foll.'Ns: ./ That even if the tra!tic irnpac~s at the proposed change do not exceed 5% of the service volume of level of LOS C/D, Council policy does not preclu~e review of such impacts where the subject , roadways are proj~cted ~o operate at LOS E or F prior to build out. A::; the petition Of Appeal indicates in this matter, there are impac~ed roadways affected by this project that will operate at Level service E and F prior to build out and therefore, the Council pursuant to its transportation policies may review the irnpactc of the proposed change and impose conditions in regard thQreto. J. I 2 JUL -06- '90 08: 58 I D : JOSJ AS At~D GOREt~ TEL NO:305-?;1-49~3 ~023 P0S Also, the impact of the proposed change is not b@lotl 5% on all of the regional roadway network. 3. Treasure Coast replying to the third Affirmative Defen':Q states as follows: The Department of Coumunity Affairs Trangportation Policy Rule is contained in Florida Adminis~rative Code 93-2.0235. The determination of substantial impact referred to in ~ub~ection (6) is the criteria used .~~h~. ~~!.i"'fU'-t.~ for :the D~pa~Jll~"l .....,0 determine whether a road is subGtantially i~PQcted. It does not apply to a detarmination by a Regional Planning Council pursuant to it~ Regional Comprohensive Policy Plan. In tact the rule in _ub,u~otion (1): "" "Purpose. This RUle establishes miniml.l.ID standards by whiCh the Departl11ent will evaluata transportation conditions and development orders for developments ot regional impact (DRIls)." Also, the Rule provides in subsection (8) as follows: II Construction of Rule. This Rule .;hall not bQ construed to limit the ability of the Re~ional Planning Councils and local governments to i~po3e ~ more strinq9nt mitigative M$asures than those delineated in this Rule." ThQreforo, the Rule by its own terms is to be used only by the DQpartrnQnt and expres5ly permits Regional Planninq councils to impoG$ more stringent requirements. ,/, Furthermore, Rule 9J-2. 0255 (2) indicates "however, in no case shall these Rule paragraphs remain in effect for later than one year after the due ~ate of the submission of the local government comprehensive Plan, pursuant to the SChedule set forth in RUle 9J-12,F.A.C." One year has now expired since the due data ot the Boynton Beach Comprehensive Plan i.e. June 1, 1989. Hance, tne Rule cited by the Owner/Developer is no lonqer in affect. The RUle provides an alternate crH:.aria a.fter the onQ year expiration date. It indicates that if the Dapartment bas 3 JUL-05-'90 08:58 ID:JOSJAS ~ND GOREN TEL tlO: 305-771-4923 t:l023 pe7 found that the local Comprehensive Plan to be not in complianoe (which occurred as to the Boynton Beach Plan) that tho DQpartment will evaluate transportation condition~ pursuant to the requirements of 93-5 F.A.C. and Chapter 380 F,S.. The Boynton Beach Mall proposed cnange doa~ not comply with the requirements of 9J-5 nor the requirements of Chapter JOO F.S.. Therefore, thQ Rule only opplies to review by a Department of Community Affairs, provides Qn'.y';-.,I"UUn\ sti\ndards and has no applicability to the review of transportat,ion conditions by a Regional Planning council and even as to the review standards utilized by the Deportment in this RUle, the proposed change to the Boynton Beach Mall does not meet these standards. 4. Treasure Coast replying to the fourth Affirmative Defense states as tollows: Treasure Coast d(:nies the fourth Affirmative Defense, Even if the cumulative total of daily and peak hours trip for the entire Development, including the substantial deviation request 0: 136,449 square feet of additional commercial footage, did not exceed the total number of external trips sat forth in the original ADA, this doesn1t, (i) oonstitute a dafen~Q to the Petition, (ii) preclUde the change from b$ing a substantial deviation, or (iii) preclUde the reviaw of the impacts of the proposed change. FurthermorQ, the DQvaloper has. waived any defense that the proposal is; not a substantial deviation and is estopped to assert any argunents in that regard. . 5. Treasure Coast replying to the firth Affirmative D\j.l;.1 ,Je states as fellows: Treasure Coast denies said Affirmative Defense. The Development Order was rendered after it had been issued and transmitted by the ~ocal govern~ent. The transmittal by the local government to both Treasure Coast Reqional Planning Council and the Department of Community Affairs ~as January', 1990. The Appeal was filed February 15/ 1990 and therefore was within tho forty-five (45) day Appeal time of Section 380.07(2) F.S.. Treaaure Coast is filinq simultaneously herewith its response to the r .~:~' .4 jUL-06-'S0 08:59 JD:JOSIAS AND GOREN TEL t>1Cl: 305-771-4 9~3 1=+023 PElS Owner/Developer's and the City of Boynton Beach's Motion to Dismi~~ regarding the timeliness of the filinQ of the Appeal and hQrQby incorporates herein by reference its responge therGto. 6. Replyinq to the sixth Affirmative Defence Treasure Coast hereby denies the ...ll~qations:: therein and fUrther aaser't:a that t.~;c Owner/Developer has waivQd any dohmEOe to any of the condit.ions which the Dev~loper either direotly or throu9h its Attorney agreea to before eit.hor the local govern::nent or the Treasure Cl')art~ Regional Planning CO"-r'.lcil. The Owner/Developer is estopped to as:cGtrt any s:uoh defense and should not be perm1 'tt.ed to maKe reprecQntat.ione t.o governmental bodies pertaining to such conditions only to thereafter attempt to challenge the very things they cqreed to. !urtherznore, if thtl conditions were 'not:. :Unp,osed then adequate provision for the impacts of the Development have not been provided for and it would have been illegal to issue the D wr.tlOrnhent Order at all. Section 380.06(15) (e) 2 P.S, statr.?:s "the local government shall not approve a development of reQional impact that does not make adequate provision for the publio faciliti~s needed to accomodate the impacts of the propocod cle\Telopm'mt unless the local Cloverronent includes in thli ~GvQlopltlent. order a commitJllent by the local Qoverrnnent to provid~ thQ&;Q faoilities... ". since the local gov@rn~ent did not com~i~ to provide the required facilities, the Oevelopment Order must either be issued with the conditions to providQ for suoh facilities or not issued at all, 7. In the Owne~/Developer'5 Answer pertaln1nq to the transport=t.ion issues, the responses provided by the Developer include, (i) that a project is to be funded by a certain date, or (ii) that a project is included in the local government five (5) year plan. Neither statement alone constitutes a defense to the suoject roadways not operating at the required levels of servic~ unless all other requirements of the Regional Comprehe~sive Policy Plan and concurrency are met. 8. In the Owner/Develop~r's An~wQr pertaining to the transportation issues, the respor'.lStes: provided by the Developer ./ s J~L-06-'90 09:08 lr:JOSj~S AND GOREN TEL HO:305-771-4g~3 ~023 P09 include an assertion that Circular 212 is no longar u~ad by the Florida Department of Transportation. WhethQr t.hG &:ubjoct circulAr 1s used DY the Department of Transportation or not, is irrelevant to this Appeal and is irrelevant to the use of thi~ circul~r by Treasure Coast. 9. Treasure CO;iUi:t daniQs the 'alle9ation~ 5et tortn in paragraph 29 of the An~WQr and denies all other dl1egat1ons Of tbe Answer wl",-' .:,:h are not ot.h~rwise ::specifically dealtw1ttt above. '" RespActfully ~ubmitted, this 3rd day or July, 1990. I HEREBY CERTIFY that the oriqinal hereof has been furnished by Federal Express to Patricia Woodworth, Director of the Office of Planning and Budgeting, Executive Office of Governor, 501 South Gadsden S'C., Room 415 , Carlton Building I Ta.llahassee, Florida J2399, and a copy hereof, furnished by O.S. Mail to all partie~ shown on Exhibit A lt~ached hereto and made a part hereof thiQ Jrd oay of July 1990. LAW OFFICES OF ROGER G. SABEaSON, P.A. Attorney for TREASURE COAST REGIONAL PLANNING COUNCIL 110 E. Atl~ntic Avenue Delray Beach, FL 33444 ('*07)272-8616 By' f(p1--.r?fJ~ ROG~R G. SABERSON, ESQrrIRE ,r I; JUL -06- '90 09: 00 ] D : JOS l!=iS RND GOREI-4 EXHIBIT A Cormac c. Conahan, Esq, Hodgson, Russ, Andrews, Woods, ano GOodyear 2000 Glades Road suite 400 80ca Raton, Florida 33431 J, Scott Miller, City Ma:".;;.'J'~". 100 E. Boynton Beach Blvd. Boynton Beach, Florida 33435 G. Steven Pfeiffer, E~q. General Counsel Dept. of Community Affai~s 2740 Centervi~w Dr. Tallahassee, Florida 32399 .. Patricia Woodworth, Director Offic~ of Planning and 5udgeting EXQcutive Office of Governor Roo~ 415, Carl~on Building 501 South Gadsden S~reet Tallahassee, Florida 32301 TEL 140: 305-7'7 1-4g~3 tt023 P10 Mr. Daniel cary, Executive Diraot.or Troasure Coast Regional Planning Council 3229 S.W. Martin Downs Blvd. suito 205 Palm City, Floriaa 33490 Samuel Goren, Esq. Josia~ & Goren, P.A. 3099 E. commercial Blvd. *200 Ft. Lauderdale, Florida 33308 Mr. Dick A, Greco, vice President The Edward DeBartolo corp. 100 S. Ashley Dr., suite 1255 Tampa, Florida 33602 Leona F. Strickland Florida Land and Water AdjUdicatory Commission Executive Office of ~OV8rnor 421 Carlton Building Tallahassee. Florida 32399 JUL -06- , 90 09: 101 I D: JOSJ AS Hr~P GOREN TEL HO:305-771-49?3 i:*023 P11 IN THE FLORIDA LAND AND WATER ADJUOICI1TORY COMMISSION CASE NO. APP-90-003 IN RE; THE BOYNTON BEACH MALL Development of Regional Impact in Boynton Beach, Florida / MOTION TO STRIKE AND DISM!SS THE ANSWER. AFFIRMATIVE DEFENSES AND MOTION TO DISMISS OF OWNER/DEVELOPER BOYNTO~ ..tQA~~t",..::, ,~.lliLl'HE CITY OF BOYNTON BEACH Tho ~rea~urG Coas~ Regional Planning Council by and through i~~ underGiqned Attorney hereby bring5 its Motion to strike and Di&:misG the Answer, Affirmative Defenses and Motion \:0 Dismiss filed in thi15 matter by the cr.-.rner/Oeveloper Boyntcm-JCP Associates, Ltd. (hereinafter the "Developer") and the Answer, Affirmative Detenses and Motion to Dismiss of the City of Boynton Beach, and s~ates as follows: , " "', 1. The Florida Administrative Code Se:::tion 42-2.004 (1) provides lithe Answer shall be filed within twenty (20) days of service of the Petition on the party..." The Answer, Affirmative Defenses, and Motion to Dismis~ filed by both the Developer and the City were untimely in that they WQre filed after the expiration of the twenty (20) day period. Treasure Coast served its Petition on Fohruary 14, 1990 and the Developer> AnswQr, Affirmative Defenae~ and Motion to Dismiss with original Gignaturee were no~ actually filed with the O!fice of Planning and Budget until March 5, 1990, i.e. two (2) days atter ~ the expiration of the twenty (20) day period. The city ot Boynton Beach did not tile its Answer~ Affirmative Defenses and Motion to Dismiss (which were contained in its "Notice. and Motion tor concurrence") until March 22, 1990, i.e. thirty-six (36) days a!ter the service by Treasure Coast of its Petition. ~"HEREFORE / Treasure Coast Regional Planning Council respectfully requests that the Answer, Affirmative Defenses and Motion to Dismiss of the Developer and the City of Boynton Beach be stricken and dismissed and that this matter proociiuad a~ an uncontested case. JUL -06- '9'21 09: 02 I D : J05 lfIS A~lD GOREH TEL ND:30S-771-492.} ;::023 :=12 Respectfully submitted, this 3rd day of July. 1990. ! HEREBY CERTIFY that the oriqinal hereof has been furnishacl by Federal Express to Patricia Woodworth, Director of the Offi~~ of Planning and Budqeting, Executive Office of Governor, 501 South Gadsden st., Reom 415, Carlton Building, Tallahassee, Florida 32399, and a copy hereof, furnis:h(td ~')'l' fLS. Mail to 0.11 partie:,; shown on Exhibit A this 3rd day of J'u1t 1990, attached hereto and made a part hereof. i LAW OFFICES OF ROGER G. SA13ERSON, P.A. Attorney tor TREASURE COAST REGIONAL PLANNING COUNCIL 110 E. Atlantic Avenue Delray Beach, FL 33444 (407)272-8616 By: (/(d:h.Il~_ ROGER G, SABERSON, ESQUIRE (Z /' .. ' JU~-06-'90 09:02 JD:JOS:AS HND GOREN EXHIBIT A ~ Cormac C. Conahan, Esq. Hodgson, Russ, Andrews, Woods, and Goodyear 2000 Glades Road Suite 400 Boca Raton, Florida 33431 J. Scott Miller, City Manager 100 E. Boynton Beach Blvd, Boynton Beach, Florida 33435 G, Steven PfeiffGr, Esq. Caneral Coun~Ql Oept. of Co~unity Affairs ~740 Canterview Dr. Tallahassee, Flo~ida 32399 <l Patricia Woodworth, Director Office of Planning and audgeting Executive Office of Governor noom 415, Carlton Buil~lng 501 South Gadsden stree~ ~~llahassee, Flor1da 32301 TEL f'IO: 305-771-492] U023 Pi3 Mr. Daniel Cary, E~e.cutiv_ Director TreasurQ Coa~t Raqional ?lanning council 3228 S.W. Martin Down~ Blvd. Suit. 205 Pal~ City, Florida 33490 Samuel Gor3n, Beq. Josia~ & Goren, P.A. 3099 E. Commeroial Blvd, ~200 Ft. Laude.rdale, Florida 33308 Mr. Dick A. Greco, Vice President The Edward DeBartolo corp. 100 S. Ashley Dr., Suite 1255 Tampa, Florida 33602 Leona F. strickland Flor1da Land ana Water Adjudicatory Commission Executive Office of Gov~rno~ 421 Carlton Building Tallahassee, Florida 32399 JUL -06- "?lZ, 09: 03 ; D ~ JDSJ AS At~D GOREt~ TEL ND:305-771-49~3 i:i02'3 P14 IN THE FLORIDA LAND AND WATER ADUUDICATORY COMMISSION IN RE EOYtnON BEACH MALL, a Dovelopment ) of Regional Impaot in Boynton Baaoh ) County, Florida ) } CASE NO. APP-90-003 ";:::.~'_. _.;...~ ':C.~t>I' ~':':GIONAL PLANNING COUNCIl,' S RESPONSE TO OWNER/OEVELOPER'S AND THE CITY or BOYNTON BEACH MOTION TO DISMISS THE APPEAL Appellee Owner/Developer aoynton-JCP Associates, Ltd. ("Developer") has tiled a motion (which the City of Boynton Beach also adopted as its Motion to Dismiss) asking this Commission to dismiss the above-captioned appeal on the ground that the appeal was not timely filed. Specifically, Developer and Boynton Beach contend, rl) th'1t und~r J7'1C\. stQt. Ann, ,ft 380.07(2) (West 1983), an appeal must be filed within 45 days after the local qovernm@nt has rendered the development order appealed from, (2) that a development order is "rendered" when it is: issued and tranc:- mitted, and (3) that th~ developmont order in quQstion here wa3 n transmitted to Appellant Trea~uro Coast Reqional Planninq Counci: (lithe Council") on DecQmbar 2S, 1999, more than 4S days befo%"e this appeal was filed. The Council agrees with parts (1) ~nd (2) of thG foregoing arqument, b~t vigorously disputes part (3). The p~.."tal question is what constitutes a valid "transmi- / ttal"? A6 shown by Exhibit "B" attached to Developer1s motion, it was Developer who sent a copy ot the Boynton Beach City Commission'S resolution to the Council. The city of Boynton Beach itsel! did not send the copy. For a variety of reasons it is Clear that transmittal for purnoses of ~ 380.07f2} ~eauires transmittal by_the local government. In the case at bar, the city of Boynton Beach did not send a copy of its resolution to the Council ~ore than 45 days before the appeal was filed. ThQ Council's appeal is therefore timely. At the outset, it should h~ noted thatt in the casas cited ::~ JUL-ot;-'':t0 09:04 ID:JO~IAS AND GCF<.EN TEL NO:305-771-4~?3 ::'323 PiS -2- in Developerls motion, the development orders were sent by th~ local governing body which rendered them rather than by privata parties. ~lorida East Co~st Railway v. State of Florida LaniLf Water Adiudicatorv Commission, 46~ So. 2d 1361, 1362 n.l (Fla. 3d DCA 1985); Fo~ v. SQPth Florida R9ciona1 Plannin~ Counoi~, J27 So. 2d 56, 58 (1:':,,'. 1st DCA lQ76). FurthermOL2, ~he notion that private parties ~QY tran5mit orders is inconsi5tent with the te~t of S 380.07(2) itsel~. oe- veloper asser~s;, and tho Counoil agrees, that "rendered" as used in ~ 380.07(2) mQans lIiesued and transmitted," Given that prem- ise, ~h9 provision in ~ 380.07(2) that tl[t)he 45-day appeal period . , . shall not commence until after all 'the local govern- ments . , , have renaered their development orders" becomes: "Tne 45-day appeal period <<11 ~ha .loCl\1...90V~r.'.'m~.D.t~ . , shall not co~ence until after bav~ [issued and transmitted) their c1evelopment orders" (emphasis added). Also, in section 380,06(15) (a) it states, lithe a.P[)ronriat.~ local government shall render a decision on the application within 30 days after the hearinq unless an Q~ten5ion is requosted ~ by the developer", (emphasis added) this; tharQfore beoomes: II~ appropriate local aovernm~nt shall i~5ue and transmit a deoision on the application within 30 day~ after the hearing unless an e~tengion i~ requQGtad by the developer" (emphasi5 added), The Statut~ maKOS it quite clear tha~ it is ~he local government that ,/" rQnders the order and therefore, it rendition or the order re- quires that it be issued and transmitted, the transmittal must be done by the local government. Signiricantly, even Developerls own cases indicate that it i5 the local qovernment Which must transmit the development order. ThUs, for example, the court in Fox v. South r~~rida ~egional Plannina Council, J;!upra, recommended "that local govern- ments minimize the uncertainty of the rendition dates of their orders by appending to them appropriate certi,ficat~s of tho transmittal dates." 327 So. 2d at 59. Likewise, the oourt in JUL-f.\f,-'90 09:05 JD:JOSJAS AND GOREN TEL NO: 305-7?1-4~Z3 1:1023 P16 -3- Florida East Coast Railway v. State Land & Water Ad)ud~~atory commission, suora, observed that under i 380.01(2) ~he Depart~ent of Community Affairs (DCA) is authorized to presQribe by rule "those orders requir~d to be tranamittad by t.he looal .s~verning authority issuin9 the development order." 464 So. 2d at 1302 (emphasis added). In keeping with tho observati~n made in the Flo~ida East Coast Railway deoision, moreover, lla. R. Admin. P. 42-2.005 states as follows: (1) An appeal by the Bureau or Land & Water Man- agement, Department ot community Atrairs or a regional planning agency shall be timely filed if received in the Office ot Planning and Budgeting, Exec~tive Office ot the Governor within forty-five (45) days from the date a copy or the development order is transmitted ~ ~ne local government to the Bureau of Land & Water Management, Department of Community Affairs. (2) An appeal b~ an owner or developer shall be timely filed if rece1ved in the Office of Planninq & Budgeting, Executive Office of the Governor within forty-five (45) days from the date a copy of the de- velopment order is transmitted bv the local aovernment to the owner or developer, (Emphasis added.) Another instructive decision here ic Harbor~oursQ Club, ,~ .' Inc, v. Department of Comm~nitv Affairs, 510 So. 2d 915 (Fla. 3d DCA 1997). In that case, a DCA employee had attended the local qovernment~eeting at which the resolution on appeal had been i~cuod. The developer argued that the DCA's appeal to this Com- ~ission was untime.ly because, by virt:ue ot the t>.~,',:sence of the DCA employee at the meeting, the DCA haQ received a de facto tran5mitt~1 of the resolution at that time. The hearing examiner disagreed, holtUng that only "official transmission . . . from tne county" was sufficient to commence the 45-day periOd under /' ~ 380. 07 (2) : [IJt has not been established that (the DCA employee's) attendance was for anything other than to observe the meeting, or that he in any way waived, or had the authority to waive officiAl transmittal of this Rasolu- tion from the County to [the DCA]. Transmittal did not occur until June 21, 1984, and this appeal wa~ timely filed ( . ] ~ at 919 (emphasis added). The Commi&~ion and thQ oourt of JUL-06-'90 09:85 ]D:!O~]HS AND GOREN TEL t40: 305-771-4'323 tt02J P17 -4- appeals both upheld the hearing examiner's rulinq. statut~s similar to ~ 380.07(2} abound in other statQs as well. In S~lk v. Distric~ of cotumbia Department of Ernplo~gr~ Services, 497 A.2d 1056 (D.C. 1985), for example, th& court oon- strued a statute providinq that an acmini&trative appeal of an unemployment compensation order had to bQ filed "wit.hil '''~'n dl'lY~ after the mailing of notice. thereof [totheappellant)."Id.at 1058. The statute did not state ~ was to mail the notice, Yet tho court charactGri2ea it as lln I'el.menta~ principle of adm1n- istrat.ivQ law" that, "in ordar to start the running ot time for appeal, the aaency is '(obliged to) give not1ce'[.]" IsL. {quot- inq Plaufa v. District ot COlumbia Depart~ent of Emoloyment Serv- ~, 4~7 A.2d 464, 465 (D,C. 1985)) (emphasis added). To like effect are Roaers v. commission on Human Rights & Opportunities. :!.,~ CO:in. 543, 489 A.2d 368, 372-73 (1985); Life of the Land...- Ino. v, Land Use Commission, 61 Haw. 3, 594 P,2d 1079, 1083-84 (1979). ~ee also 28 ~~ ~ 2344 (in order to commence the timG for review of an agency order, II [0 J n the entr.l of a final order . , the aaency shall promptly qive notice 1:haraof") (omphasis .? added) . The legislature is presumed to be aware of judicial decisions on a subje~t concerning whiCh it enacts a atatute. Ford Vo WainwriQht, 451 So. 2d 471 (Fla. 1994). Consequantly, it :..~ must he pre~u~Qd that, when it enacted 3 360.07(2), the leqlsla- ture was awara of the longstanding and widespread view ~hat, /' under statutes ei~ilar to ~ 380.07(~), it is the agency issuing the decision beinq appealed trom whiCh must send notice of the decision in order to commence the appeal deadline. Developer's position here is not only bad law, but unsound policy as well. If Developer's posi~ion were adopted, it would place an unduly cumbersome burden on the Council and other re- gional and state planning agencies to verify that a copy of an order sent to them by a developer was in fact a true copy of the . local governmentls final order, Every time a purported order was faxed, mailed, or delivered by a p~ivate party, these planning JUL -06- "30 09::]6 I D: IDS 1 AS AND GOREN TEL t~O: 3\35-771-4 ~23 tt023 P18 -5- agencies would be required to contact the local governmental body and verify, line by line, the accuracy of thQ orders whioh in many cases are 50 paq2s or morlil in langth. In order ":,0 make un effective decision whlilthar or not to appeal, the Council and other planning aglilnciQs in thiG state must be able to rely on official agency aotion as triggering the ~ppeol ~ime, n~t the action. of private partie$. It would disserve the public inter- e~t, which the Council was established to promote, it tbe council were subjeoted to the unreasonable burden and uncertainty which the Owner/Developer atternpes to thruse upon it in this case. It is theretcre urged that the Developer's and City of Boynton Beach's mo~1on to dismiss this appeal be denied, Respectfully submitted, this 3rd day of July, 1990. I HEREBY CERTIFY that the original hereof has been furnished by Federal Express to Patricia Woodworth, Director of the Office of planninq and Budgeting, EXQoutive Office of Governor, 501 South Gadsden st., Room 415, Carlton Buildin~1 Tallahassee, I? Florida 32399, and a copy hereof, furnished by U.s. Mail to all parties ~hown on E~hibit A attached hereto and made a part hereof this 3rd day of July 1990. LAW OFFICES OF ROGER G. SABERSON, P,A. Attorney for TREASURE COAST REGIONAL PLANNING COUNCIL 110 E. Atlantic Avenue Delray Beach, FL 33444 (407)272-8616 By: 1&fv] /;rr3~ ROGER G. SABERSON, ESQUIRE /" JU~-06-'9~ 09:0~ JD:JOSJAS AND GOREN EXHIBIT A cormao C. Conahan, Esq, HOdgson, Russ, Andrews, Nood~, and Goodyear 2000 Glades Road suite 400 Boca Raton, Florida 33431 J. $cott Mill~:, ~ity Manager 100 E. Boynton BQach Blvd. Boynton Beach, Florida 33435 G. Steven Pfaiffer, Esq. General CounS:Ql Dept. of co~unity Affairs 2740 Centarview Dr. Tallaha~~Qe, Floride 32J99 '.. Patricia Woodworth, oirector Office of Pl~nnin9 and. Buageting Executive Office ~t Governor Rco~ 415, CArlto~ nuildinq 501 South Gadsden street Tallahassee, Flor1aa 32301 TEL NO:305-771-4923 ~023 P1? Mr. Daniel cary, Executive Director Treasure coast Regional Planning council 3228 S.w. Martin Downs Blvd. suit.e 205 Palm City, Florida 33490 samuel Goren, Esq. Josias & Goren, P.A. 3099 E. commercial Blvd. #200 Ft, Lauderdale, Florida 33308 Mr. Dick A. Greco, Vice Presid.ent The Edward DeBar~olo co~p. 100 S. Ashley Dr., Suite 1255 Tampa, Florida 33602 Leona F. Strickland Florida Land and Water AdjUdicatory Co~iesion Executive Office of Governor 421 Carlton Buildinq ~allaha&sQe, Floridc 32399 1.Mu-- PLANNING DEPT. MEMORANDUM NO. 91-049 (AGENDA MEMORANDUM) TO: J. Scott Miller, City Manager FROM: Christopher Cutro, Planning Director ~ DATE: March 1, 1991 SUBJECT: Boynton Beach Shopping Mall Development Order In December 1989, the City Commission approved a modification to the Boynton Beach Shopping Mall. subsequently, that modification was submitted to the Treasure Coast Regional Planning Council (TCRPC) and appealed by the Council to the State. Since that time the applicant has been negotiating with TCRPC and has come to an agreement with them regarding the expansion of the Mall. At its meeting in February, the TCRPC approved the attached resolution which would allow for the expansion of the mall. This resolution differs from the resolution passed by the City Commission in December 1989 and must be approved again by the City. We have reviewed the revised resolution and recommend City Commmission approval of the resolution, If you should have any questions regarding this matter, please feel free to call me. CC:frb Enc .%6- ~'~~~~, r;J-ex'l'e ~ CITY OF BOYNTON BEACH OFFICE OF THE CITY MANAGER Date March 12, 1990 Gene Moore, Mayor Bob Olenik, Vice Mayor Arline Weiner, Commissioner Lee Wische, Commissioner Lillian Artis Commissioner AS REQUESTED FOR YOUR INFORMATION xxx REMARKS: Attached hereto please find a copy of a letter dated March 7, 1990, from Attorney Cormac Conahan to Patricia Woodworth, Director of the Office of Planning and Budgeting, reference the Boynton Beach Mall - Case No. APP-90-003, Attached to said letter is an answer and a motion to dismiss the Appeal filed by Boynton -JCP Associates, Ltd" the Owner/Developer of the Boynton Beach Mall. This is being forwarded to you for informational purposes only, however, should you have any questions please feel free to contact me. ,~ ~ott Miller ity Manager JSM : j b Attachment cc: Planning Department Legal Department l1~ECEiVEPJ ,viAR 14 19Sb tpLANN'Nfi ~'! ..... . ~ ..J....ES A, PORTER. COR...AC C, CON.H.N · L.RRY COR...AN . DON.LD C, LUBICK H, KENNETH SCHROEDER. JR, ANTHONY L, DUTTON CH.RLES C, H.HN STEPHEN ..., NEWM.N D'.NNE BENNETT .JOHN P. AMERSHADIAN JERO"'E 0, SCH.D ...RK 0, SPEL"AN "'ELISS. ..., ....Y HODOSON, Russ, ANDREWS, WOODS & GOODYEAR . (. P.RTNERSHIP INCLUDING PROF"ESSIONAL .SSOCIATIONS) ATTORNEYS AT LAW 2000 GLADES ROAD, SUITE 400 BOCA RATON, FLORIDA 33431 BOCA RATON (407) 394 -0500 P.LM BE.CH (407) 736.2177 BROWARD (305) 764-2440 F"AX (305) 427-4303 PAATNlE:R5 AD""TTI!.D IN ,....OAID... RICHARD A, GOETZ. P,A, · CH.RLES T, B.RKER, P,A, . L.WRENCE F", BEYER. RICH.RD E. HEATH .J....ES ... WADSWORTH WILLI." H, G.RDNER ROBERT B, CONKLIN PAUL R, CO"'E.U RICH.RD F", CAMPBELL PA"'EL. D.VIS HEIL....N O.RRY ..., GR.BER ....RK 5, KLEIN .LICE A. .JOSEF"F"ER VICTOR F"UZAK GDRDON A. .....cLEOD ..JOHN C, BARBER, JR, CHRISTI.N G, KOELBL, m LANCE .J, ....DDEN W.RD B, HINKLE ROBERT B, F"LE"'ING, .JR. TODD ..., .JOSEPH .LLEN H, BEROZ. DAV'D KOW.LSKI F'. WILLIAM GRAY, m ANNE S"'ITH S''''ET KENNETH p, F"RIED"'AN KENNETH F", BARONE TERRY C, BURTON ..JERROLD S, BROWN TI"'OTHY p, ..JOHNSON RICK WILLIA'" KENNEDY ..JEF"F"REY w, STONE BEN..J....'N ..., ZUF"F"R.NIERI, .JR, PARTNERS NOT AOMITTED IN "LORIOA ROBERT ..., WALKER R, WILLlA... LARSON DAVID E, HALL HARRY G, MEYER M.ARL W. KRISTOF'F' DANIEL R, SHARPE PAUL 0, PEARSON ROBERT W, KELLER DAVID A, F"AR"ELO GARY", SCHOBER PAUL I. PEARLMAN STEVEN D, SCHNEIDER LDUIS A. NAUGLE PETER A. "'UTH EDW.RD C. NORTHWOOD SUSAN .J, EGLOF"F" WILLIAM C. MORAN RDBERT..J, L.NE, ..JR, ELLEN V, WEISS....N ASSOCIATES AOMITTED IN "LOAIDA CAROL II. HAIQHT . EDWARD L. AATAU . . RESIDENT IN F"LORIDA BUF'F".LO OF"F"ICE: '800 ONE M & T PLAZA BUI'I'ALO,NY 14203 (716) 856-4000 MISSISSAUGA OF"F"lCE: 3 ROBERT SPECK PARKWAY MISSISSAUOA, ONT CANADA L4Z 205 (416) 566-5061 (NOT LICENSED TO PRACTICE ONTARIO LAW) WASHINGTON OF"F"'CE: 1401 NEW YORK AVENUE, N,w, WASHINOTON, DC 20005 (202) 347-9898 March 7, 1990 VIA TELECOPY AND FEDERAL EXPRESS Patricia Woodworth Director of the Office of Planning & Budgeting Executive Office of Governor 501 S. Gadsden Street, Room 415 Carlton Building Tallahassee, FL 32301 :R lr:' r T:' 'J -; T 11:1 r~ . jj 1, 1\ I. ," 1 ' '\...", ....~ _..'.. ,.{ _ , ;. f )_'.._...' M^R S 13C)(j Dear Ms. Woodworth: CITY MAN/\GCn'S OFFie;:, Re: Boynton Beach Mall; Case No. APP-90-003 Please find transmitted herewith the Answer and Motion to Dismiss the Appeal filed by Boynton-JCP Associates Ltd., the Owner/Developer of the Boynton Beach Mall. The parties met on March 6th pursuant to the Notice of Informal Conference set by the Florida Land and Water Adjudica- tory Commission (IOFLAWACIO). At the Conference, the parties in attendance agreed to jointly request a ninety day extension of time for the pardies to file the pre-hearing Stipulation, and the Commission meeting to review procedural issues and appointment of a hearing officer. At the Conference, Dick Greco, representative of Boynton-JCP Associates, Ltd expressed that he feels certain that the Appeal will be resolved on or before the end of the ninety "/ ';} HODGSON, Russ, ANDREWS, WOODS & GOODYEAR . March 7, 1990 - 2 - day extension period. Therefore, Boynton-JCP Associates, Ltd. is filing the Answer and Motion to Dismiss only to reserve its legal rights and earnestly hopes that these pleadings will be unnecessary to the ultimate amicable resolution of the Appeal. Very truly yours, Y~~L Cormac C. Conahan copy to: All parties on the attached Mailing List Enclosures .. MAILING LIST Honorable Robert Martinez Governor State of Florida The Capitol Tallahassee, FL 32399 Roger G. Saberson, Esq. Law Offices of Roger G. Saberson, P.A. 110 East Atlantic Avenue Delray Beach, Fl 33444 Honorable Doyle Conner Commissioner of Agriculture The Capitol Tallahassee, FL 32399 Michele Russell, Esq. Assistant General Counsel Governor's Legal Counsel The Capitol Tallahassee, FL 34399 Honorable Jim Smith Secretary of State The Capitol Tallahassee, FL 34399 J. Scott Miller, City Manager City of Boynton Beach 100 E. Boynton Beach Blvd. Boynton Beach, FL 33435 Honorable Betty Castor Commissioner of Education The Capitol Tallahassee, FL 32399 Steve Pfeiffer, Esq. General Counsel Dept. of Community Affairs 2740 Centerview Drive Tallahassee, FL 32399 Honorable Gerald Lewis Comptroller The Capitol Tallahassee, FL 32399 Mr. Daniel Carey Executive Director Treasure Coast Regional Planning Council 3228 S.W. Martin Down Blvd. Palm City, FL 33490 Honorable Tom Gallagher Treasurer The Capitol Tallahassee, FL 32399 Mr. Dick A. Greco, Jr. The Edward J. DeBartolo Corp. 100 S. Ashley Drive Suite 1255 Tampa, FL 33602 Honorable Robert Butterworth Attorney General The Capitol Tallahassee, FL 32399 Patricia Woodworth Director of the Office of Planning and Budgeting Executive Office of Governor Room 415, Carlton Building 501 S. Gadsden Street Tallahassee, FL 32301 Leona F. Strickland Florida Land and Water Adjudicatory Commission Executive Office of Governor 421 Carlton Building Tallahasse, FL 32399 ..,. .... IN THE FLORIDA LAND AND WATER ADJUDICATORY COMMISSION IN RE: BOYNTON BEACH MALL, a Development ) of Regional Impact in Boynton ) CASE NO. APP-90-003 Beach County, Florida ) ------------------------------------------) OWNER/DEVELOPER'S MOTION TO DISMISS APPEAL OF THE TREASURE COAST REGIONAL PLANNING COUNCIL Boynton-JCP Associates, Limited, the Owner and Developer of the real property which is the subject matter of this proceeding hereby moves, pursuant to Florida's Rules of Administrative Procedure, 42-2.004 (2), that the Petition of Appeal of the Treasure Coast Regional Planning Council be dis- missed, and as grounds therefor states: 1. On December 19, 1989, the City of Boynton Beach issued an Amended Development Order approving an Amended Applica- tion filed by the Owner/ Developer to expand the Boynton Beach Mall, which is a regional shopping center. 2. The attorney for the Treasure Coast Regional Plan- ning Council, Roger G. Saberson, was present at the December 19, 1989 meeting, which is reflected, in part, by the minutes of the City of Boynton Beach's meeting, a true copy of which is attached hereto as Plaintiff's Exhibit "A". 3. The Amended Development Order the City of Boynton Beach issued at the December 19, 1989 meeting is identical to the proposed Order which had been previously provided to the Treasure Coast Regional Planning Council. 4. Immediately following the December 19, 1989 City of Boynton Beach Commission meeting, the Treasure Coast Regional Planning Council staff received confirmation that the ordinance had been adopted in a form identical to the proposed ordinance and commenced circulating their objections to the adopted ordi- nance to the Owner/Developer's council. 5. On December 28, 1989, a certified copy of Resolu- tion 89-UUU, which is the Amended Development Order issued at the December 19, 1989 City Commission Meeting of Boynton Beach, was transmitted to the Treasure Coast Regional Planning Council, by certified mail, return receipt requested, as reflected by the Exhibit attached hereto as Owner/Developer's Exhibit "B". 6. Florida Statute S380.07 (2) provides, in pertinent part, that whenever any local government issues any develop- ment order...in regard to any development of regional impact, copies of such orders as prescribed by rule by the state land planning sgency, shall be transmitted to the state land planning agency, the regional planning agency, and the owner or developer of the property affected by such order. Within 45 days after the order is rendered, the owner, the developer, an appropriate regional planning agency by vote at a regularly sched- uled meeting, or the state land planning agency may appeal the order to the Florida Land and Water Adjudi- catory Conwission by filing a notice of appeal with the commission. 7. It is established that an order is "rendered" for purposes of calculating the time for filing a notice of appeal when a development order has been issued by a City and is "trans- mitted" to the appropriate parties. Florida East Coast Railway Company v. State of Florida Land and Water Adjudicatory Conmission, 464 So. 2d 1361 (Fla. 3 D.C.A. 1985); Windley Key, Ltd. v. State of Florida Department of Community Affairs, 456 So. 2d 489 (Fla. 3 D.C.A. 1984); Fox v. South Florida Regional Planning Council, 327 So. 2d 56 (Fla. 1 D.C.A. 1976). An order is "transmitted" when a signed development order is mailed to the parties, Florida East Coast Railway Company v. State of Florida Land and Water Adjudicatory Commission, 464 So. 2d 1361, 1362 (Fla. 3 D.C.A. 1985). 8. As the City of Boynton Beach issued its Order on December 19, 1989 and a certified copy of the Order was trans- mitted to the Treasure Coast Regional Planning Council on December 28, 1989, more than 45 days expired before the Petition was filed with the Florida Land and Adjudicatory Commission as - 2 - .. .. required by Florida Statute S 380.07 (2). Accordingly, the Trea- sure Coast Planning Council's Petition is untimely, and this mat- ter should be dismissed for lack of jurisdiction. WHEREFORE, having established good grounds therefor, the Owner/Developer respectfully requests that this Commission dismiss the Petition of Appeal filed by the Treasure Coast Regional Planning Council in connection with this matter. WE HEREBY CERTIFY that the original and one copy of the foregoing MOTION TO DISMISS has been forwarded by Telecopy to telephone number (904) 487-0526 and by Federal Express to the Office of Planning and Budgeting, Executive Office of the Gover- nor, Room 415, Carlton Building, 501 South Gadsden Street, Tallahassee, Florida 32301 and by first-class United States mail, postage prepaid, to the addressees listed on the attached Mailing . 11> List th1s day of March, 1990. HODGSON, RUSS, ANDREWS, WOODS & GOODYEAR 2000 Glades Road, Suite 400 Boca Raton, Florida 33431 (407) 394-0500 By: J: f c4-- Cormac C. Conahan ~ 'ft o i ~ .. .. . I: ~ ~3: t'1 t'1 (l) . I>> ..,UJI:' ()tc~CI>> .....0 I>> t'1::J ITX::J(l) '< ::J () ~ .... () I>> U1::JOt'1 t'Ij l\.HQ I>> (l) tt \0 D2 '< () IT .. w 0 ~ C:tJl;lj \0 ::J (l) X \0 0\Q(l) o ..........0 ~ 0 · ::J I>> I:' .... ..... t'1 ~ > ~ n .- > 8: iiI .. .. . ..,.., I>> . ~O :3 . - \0 00 ...a . f= . P :w ~ i ~ ~ .. : g o ~ "' lit ... (; :D "' ... c: :D Z :D "' n "' ;; ... ~ ::" :~~;;~:~-:: .:;' . ...., :\!~ ,;;~ " I.t ,~. i~\'l' ';!,. l~l:' :~:, ;:.: : c;' :'J '\"4- ?~... ; ;,' '..:,i. :-~r' :~:J ~:i: }":'~ :<J ~ ":;;,J . ;/~:. . ~~:\~: . )"' & :~. ;::; -1~ g ,~l~ i ); n : ..." . .c .... a. .(It ...<:J "' ..Oa.Z o~"g 3.' m era. :D !.~ .. :J. 01 n o 3 ~ i . ~ . . ;;, a. N :E 7 . ~ I: !: . a. I ::; .s, ~ ";.... ..,. -/ .... ....... '.' ',- . ;;, a. n o 3 ~ .- .. . '\', :~! .. .-? - ~ ~'# r~ 1/( f . Co>> " ;.J r' " ", ,." ...... . .' '. . ~ . ...-:::: -. ......: ~ . .. .:.... ....~ 'W ., .. ~1AILING LIST Honorable Robert Martinez Governor State of Florida The Capitol Tallahassee, FL 32399 Roger G. Saberson, Esq. Law Offices of Roger G, Saberson, P,A. 110 East Atlantic Avenue Delray Beach, Fl 33444 Honorable Doyle Conner Commissioner of Agriculture The Capitol Tallahassee, FL 32399 Michele Russell, Esq. Assistant General Counsel Governor's Legal Counsel The Capitol Tallahassee, FL 34399 Honorable Jim Smith Secretary of State The Capitol Tallahassee, FL 34399 J. Scott Miller, City Manager City of Boynton Beach 100 E. Boynton Beach Blvd. Boynton Beach, FL 33435 Honorable Betty Castor Commissioner of Education The Capitol Tallahassee, FL 32399 Steve Pfeiffer, Esq. General Counsel Dept. of Community Affairs 2740 Centerview Drive Tallahassee, FL 32399 Honorable Gerald Lewis Comptroller The Capitol Tallahassee, FL 32399 Mr. Daniel Carey Executive Director Treasure Coast Regional Planning Council 3228 S.W. Martin Down Blvd. Palm City, FL 33490 Honorable Tom Gallagher Treasurer The Capitol Tallahassee, FL 32399 Mr. Dick A. Greco, Jr. The Edward J. DeBartolo Corp. 100 S. Ashley Drive Suite 1255 Tampa, FL 33602 Honorable Robert Butterworth Attorney General The Capitol Tallahassee, FL 32399 Patricia Woodworth Director of the Office of Planning and Budgeting Executive Office of Governor Room 415, Carlton Building 501 S. Gadsden Street Tallahassee, FL 32301 Leona F. Strickland Florida Land and Water Adjudicatory Commission Executive Office of Governor 421 Carlton Building Tallahasse, FL 32399 IN THE FLORIDA LAND AND WATER ADJUDICATORY COMMISSION IN RE: THE BOYNTON BEACH MALL, a Development of Regional Impact in Boynton Beach, Florida Case No. APP-90-003 Ow~ER/DEVELOPER BOYNTON-JCP ASSOCIATES, LTD. ANSWER AND AFFIRMATIVE DEFENSES TO PETITION OF APPEAL OF THE TREASURE COAST REGIONAL PLANNING COUNCIL Boynton-JCP Associates, Ltd., ("Boynton-JCP") the owner and developer of the real property which is the subject matter of this proceeding hereby Answers and raises Affi.rmative Defenses to the Petition filed by the Treasure Coast Regional Planning Council pursuant to Florida Administrative Code, Rule 42-2.004(1), and in response thereto states: 1. with reference to paragraph 1 of the Petition filed by Treasure Coast Regional Planning Council ("TCRPC"), Boynton-JCP admits each and every allegation contained therein. 2. With reference to paragraph 2 of the Petition, Boynton-JCP admits that the TCRPC has adopted a Regional Compre- hensive Policy Plan but denies that the Plan has any significance to this Appeal. 3. with reference to paragraph 3 of the Petition, Boynton-JCP admits that the original development project was a DRI, but denies that the amendment, which is the subject matter of this Appeal, constitutes a substantial deviation triggering regional jurisdiction over this matter. 4. with reference to paragraph 4 of the Petition, Boynton-JCP admits that the Boynton Beach Mall is a regional shopping center but denies that the pine area referred to in the Petition had to be preserved pursuant to the original Development Order as the pine area was not within the legal description set forth in Resolution No. R-74-343. W' - 5. With reference to paragraph 5 of the Petition, Boynton-JCP admits each and every allegation. 6. With reference to paragraph 6 of the Petition, Boynton-JCP admits each and every allegation. 7. With reference to paragraph 7 of the Petition, Boynton-JCP admits each and every allegation. 8. With reference to paragraph 8 of the Petition, Boynton-JCP admits each and every allegation and asserts that the action by the City of Boynton Beach in adopting Ordinance No. 82-38 establishes that the preserve area was not included in the legal description approved by Resolution No. R-74-343, referenced in paragraph 4 of the Petition by TCRPC. 9. With reference to paragraph 9 of the Petition, Boynton-JCP admits each and every allegation. 10. With reference to paragraph 10 of the Petition, Boynton-JCP admits that the amended application proposed the addition of 136,449 square of gross leaseable area of commercial retail space; asserts that the increase in parking and impervious surface area has been revised and is no longer significant or relevant to this case; asserts that the preserve area was never identified in the original Order and that any intent to reduce any preserve area has been deleted from the proposed and approved Plans; and denies that Boynton-JCP proposes modifications to the drainage system which are regionally significant. 11. With reference to paragraph 11 of the Petition, Boynton-JCP admits the allegations and further states that the TCRPC changed it's "conditions" as application revisions were made by Boynton-JCP, 12. With reference to paragraph 12 of the Petition, Boynton-JCP admits that the City of Boynton Beach issued its Amended Development Order approving the amended application on - 2 - December 19, 1989; denies that the Amended Development Order did not resolve or eliminate certain substantial adverse impacts of the development and asserts that no such substantial adverse impacts exist, and admits that the TCRPC voted to appeal the Development Order at a regularly scheduled meeting on January 19, 1990, but denies that said action is appropriate. 13. With reference to paragraph 13 of the Petition, Boynton-JCP denies that the Amended Development Order of the City of Boynton Beach does not comply with the standards and requirements of Chapter 380, Florida Statutes, and asserts that the City of Boynton Beach considered all of the issues raised by the TCRPC at a City Commission meeting held on May 16, 1989, that the City of Boynton Beach instructed its staff and Boynton-JCP to draft a proposed Order reflecting these considerations, and that the staff proposed such an Order which was approved on December 19, 1989. Boynton-JCP further asserts that the Development Order is consistent with the TCRPC's recommendations and reports. 14, With reference to paragraph l4.A. of the Petition, Boynton-JCP denies that there will be any reduction in the pine area, asserts that the original Development Order does not affect the pine area nor do the changes in the Amended Development Order address the pine area. Furthermore, Boynton-JCP has abandoned any intent to take any action impacting upon the pine area. 15. With reference to paragraph l4.B. of the Petition, Boynton-JCP denies that there will be any adverse impact on water quality and asserts that the revised plans do not have any more significant impact on the water quality than that contemplated by the original approved plans for the existing Mall. 16. With reference to paragraph l4.B.'i). of the Peti- tion, Boynton-JCP admits that Section 187.20l(8)'a), Florida Statutes, states the quoted language but denies said goals are adversely impacted by the Amended Development Order. - 3 - W' .., 17. With reference to paragraph 14.B.(ii). of the Petition, Boynton-JCP admits that the TCRPC adopted the policy set forth in therein but denies that said policies are adversely impacted by the Amended Development Order. 18. With reference to paragraph 14.B.(iii). of the Petition, Boynton-JCP is without knowledge and therefore denies each and every allegation contained therein. 19. with reference to paragraph 14.B.(iv). of the Petition, Boynton-JCP is without knowledge and therefore denies each and every allegation contained therein. 20. With reference to paragraph 14.B.(v). of the Peti- tion, Boynton-JCP denies that the amended Development Order is inconsistent with the TCRPC's reports and recommendations. 21. with reference to paragraph l4.B.(vi). of the Petition, Boynton-JCP denies each and every allegation and asserts that Section 380.07(5), Florida Statutes, is applicable to this matter. 22. with reference to paragraph 14.C.(i). of the Peti- tion, Boynton-JCP admits the allegations but denies the applica- bility or relevance of same. 23. with reference to paragraph l4.C.(ii). of the Petition, Boynton-JCP denies that all of the identified road links and intersections would not be operating at the level of services required by the applicable policies and plans. 24. With reference to paragraph l4.C.(ii).a. of the Petition, Boynton-JCP states that the project is to be funded in June, 1990. 25. With reference to paragraph l4.C.(ii).b. of the Petition, Boynton-JCP states that the Palm Beach County five year plan reflects that the Old Boynton West Road between Military Trail and Lawrence Road will be completed by 1993. - 4 - 26. With reference to paragraph l4.C.(ii).c, of the Petition, Boynton-JCP states that the City of Boynton Beach staff has found, based on Boynton-JCP's analysis that the intersection of Congress Avenue and Hypoluxo is projected to be LOS C at proj- ect build out. 27. With reference to paragraph 14.C.(ii).d. of the Petition, Boynton-JCP states that the TCRPC's policy requires use of circular 212 Institute of Traffic Engineering intersection analysis, which is a procedure no longer used by the Florida Department of Transportation and that, under present techniques, no improvement is necessary at the intersection of Congress Ave- nue and Old Boynton West Road. 28. With reference to paragraph 14.C.(ii).e. of the Petition, Boynton-JCP states that the intersection of new Boynton Beach Boulevard and Congress Avenue is projected to be funded by 1990. 29. With reference to paragraph 14.C.(ii),f. of the Petition, Boynton-JCP states that the intersection of Boynton Beach Boulevard and the interchange with I-95 will be impacted by the addition of only one or two cars per traffic cycle and is not of regional significance. This was affirmed in an independent review by the City of Boynton Beach. 30. With reference to paragraph 14.C.(iii). of the Petition, Boynton-JCP admits that the TCRPC made certain pro- posals in connection with the proposed Development approval, but denies that the TCRPC's recommendations are applicable. 31. With reference to paragraph 15 of the Petition, Boynton-JCP denies that a de novo hearing is necessary as a court reporter was present at the May 16, 1989 hearing at which all of the matters described in the Petition were presented and reviewed by the City of Boynton Beach Commission and asserts that a sufficient factual basis exists for this Commission to review - 5 - 'lW ... the actions of the City Council without holding a de novo hear- ing, which will unnecessarily increase the delay and costs of this proceeding for Boynton-JCP. AFFIRMATIVE DEFENSES As and for its Affirmative Defenses, Boynton-JCP states: increase 1. The proposed change does in external traffic as not result in a 15% set forth in Chapter 380.06(19)(b)15. 2. The transporation impacts of the proposed change do not exceed the five percent criteria for regional significance established by TCRPC policy. 3. Transportation impacts of the change do not meet the criteria for regional significance in DCA Rule 9J-2.0225. 4. The cumulative total for daily and peak hour trips for the entire development including the proposed change do not exceed the total numbers of external daily and peak hour traffic projected for 1985 in the original ADA and Regional Assessment Report. 5. The TCRPC failed to timely file its Notice of Appeal in that the Resolution appended was rendered no later than December 21, 1989 and transmitted to the TCRPC no later than December 28, 1989, as more fully set forth in Boynton-JCP's Motion to Dismiss which is being filed separately from and simul- taneously with this Answer. 6. The requirements recommended by the TCRPC in its report and recommendations could not have lawfully been adopted by the Boynton Beach City Commission in that the requirements are not permitted by Section 380,06(15)(e)1, Flori~a Statutes, because the recommended requirements would have required - 6 - Boynton-JCP to pay for construction or expansion of public facil- ities that other developments not subject to Section 380,06, Florida Statutes, would not have been required to pay. Further, the need to construct the new facilities or add to the facilities recommended by the TCRPC are not reasonably attributable to the proposed additional Development. WHEREFORE, Boynton-JCP respectfully requests that the Commission deny jurisdiction over this Appeal and, in the event that jurisdiction is taken, request that: A. The Commission determine this matter pursuant to the record created before the Boynton Beach Commission; and B. The Commission find that the Amended Development Order for the Boynton Beach Mall DRI is consistent with the TCRPC's recommendation and report; or in the alternative find that the proposed addition to the Boynton Beach NaIl be found to not be a substantial deviation from the previously adopted Devel- opment Order for tthe Boynton Beach Mall or in the alternative find that the report and recommendation of the TCRPC were in con- travention to Section 380.06(15)(e)l, Florida Statutes; and C. The Commission find that the Appeal by the TCRPC is not timely and dismiss the Appeal; and D. The Commission grant such other relief as it deems just and appropriate. - 7 - '-' .. WE HEREBY CERTIFY that an original and one copy of the foregoing Answer and Affirmative Defenses of Boynton-JCP has been sent by Telecopy to telephone (904) 487-0526 and by Federal Express to Patricia Woodworth, Director of the Office of Planning and Budgeting, Executive Office of Governor, Room 415, Carlton Building, 501 1~ South Gadsden Street, Tallahassee, Florida 32301 this day of March, 1990 and by first class mail to the addressees listed on the attached Mailing List. HODGSON, RUSS, ANDREWS, WOODS & GOODYEAR Attorneys for Boynton-JCP Associates, Ltd. 2000 Glades Road, Suite 400 Boca Raton, Florida 33431 Telephone: (407) 394-0500 ( ra Cormac C. Conahan, Esq. BY: oJ NAILING LIST Honorable Robert Martinez Governor State of Florida The Capitol Tallahassee, FL 32399 Roger G. Saberson, Esq. Law Offices of Roger G. Saberson, P.A. 110 East Atlantic Avenue Delray Beach, Fl 33444 Honorable Doyle Conner Commissioner of Agriculture The Capitol Tallahassee, FL 32399 Michele Russell, Esq. Assistant General Counsel Governor's Legal Counsel The Capitol Tallahassee, FL 34399 Honorable Jim Smith Secretary of State The Capitol Tallahassee, FL 34399 J. Scott Miller, City Manager City of Boynton Beach 100 E. Boynton Beach Blvd. Boynton Beach, FL 33435 Honorable Betty Castor Commissioner of Education The Capitol Tallahassee, FL 32399 Steve Pfeiffer, Esq. General Counsel Dept. of Community Affairs 2740 Centerview Drive Tallahassee, FL 32399 Honorable Gerald Lewis Comptroller The Capitol Tallahassee, FL 32399 Mr. Daniel Carey Executive Director Treasure Coast Regional Planning Council 3228 S.W. Martin Down Blvd. Palm City, FL 33490 Honorable Tom Gallagher Treasurer The Capitol Tallahassee, FL 32399 Mr. Dick A. Greco, Jr. The Edward J. DeBartolo Corp. 100 S. Ashley Drive Suite 1255 Tampa, FL 33602 Honorable Robert Butterworth Attorney General The Capitol Tallahassee, FL 32399 Patricia Woodworth Director of the Office of Planning and Budgeting Executive Office of Governor Room 415, Carlton Building 501 S. Gadsden Street Tallahassee, FL 32301 Leona F. Strickland Florida Land and Water Adjudicatory Commission Executive Office of Governor 421 Carlton Building Tallahasse, FL 32399 CITY OF BOYNTON BEACH OFFICE OF THE CITY MANAGER Date March 13, 1990 Gene Moore, Mayor Bob Olenik, Vice Mayor Arline Weiner, Commissioner Lee Wische, Commissioner Lillian Artis Commissioner AS REQUESTED FOR YOUR INFORMATION xxx REMARKS: Attached hereto for your information, please find a Joint Motion to Extend the Time to File Prehearing Stipulation and to Postpost the Commission Hearing in the case involving the Boynton Beach Mall that is set to be heard before the Florida Land and water Adjudicatory Commission, This is being forwarded to you for informational purposes only, ~ '7,cott Miller City Manager R' E...t-E~'I~V':".":') -;h,idI JSM : j b MAR 14 1990 PbANNING 9'EPf:. cc: Jim Cherof, City Attorney Tim Cannon, Acting City Planner ;= IN THE FLORIDA LAND AND WATER ADJUDICATORY COMMISSION IN RE: THE BOYNTON BEACH MALL, a Development of Regional Impact in Boynton Beach, Florida Case No. APP-90-003 TREASURE COAST REGIONAL PLANNING COUNCIL AND OWNER/DEVELOPER BOYNTON-JCP ASSOCIATES, LTD. JOINT MOTION TO EXTEND TIME TO FILE PREHEARING STIPULATION AND TU POSTPUNE COMMISSION MEETING The Petitioner, TREASURE COAST REGIONAL PLANNING COUN- CIL, ("TCRPC") and the Owner/Developer, BOYNTON-JCP ASSOCIATES, LTD., ("BOYNTON-JCP")) by and through their undersigned counsel, and pursuant to Florida Rules of Administrative Procedure, Rule 42-2.008(3), hereby request that the Secretary of the Florida Land and Water Adjudicatory Commission grant an extension of time for the parties to file their Prehearing Stipulation pursu- ant to Rule 42-2.008(2) to July 16, 1990 and to postpone until August 14, 1990, the date on which the Commission will meet pur- suant to 42.-2.008(4), and as good cause therefore state: 1. The Petition filed by the TCRPC in connection with this matter was docketed on February 15, 1990. Pursuant to F.A.C. Rule 42-2.008(2), the parties are obligated to file a Prehearing Stipulation on or before Friday, March 16, 1990. Pur- suant to F.A.C. Rule 42-2.008(4), the Commission is required to meet to review the issues raised by the party on or before \'1ednesday, April 18, 1990. The last Commission meeting before April 18, 1990 is presently scheduled for April 12, 1990. 2. The TCRPC and BOYNTON-JCP, respectfully request that both of the time periods described in paragraph 1 be extended as set forth above. 3. The parties met, through staff and counsel, at the Informal Conference, and agreed to request the above extensions, 1f'"!I ~ ' ' ~' ~'. ~, Jl'.i...~ '"...... T -~. --D. " >~ j1 4. The extension will provide BOYNTON-JCP with an MAR , () ... 1'.- 1990 CITY ~.:~"r\:T,,(__, ",..,' ,",'_CI"!:, , . ., \ I .. ._. _. L....J ~ I j ,l., I..., w ~ opportunity to pursue and obtain a transit agreement from the Palm Beach County Conmlission and other entities necessary to implement the transit alternative discussed with TCRPC. BOYNTON-JCP reasonably believes that this will resolve the last remaining unresolved issue in the Appeal. Accordingly, granting an extension is appropriate as this matter is likely to be amicably resolved, and the unnecessary expenditure of the Florida Land and Water Adjudicatory Commission administrative resources will be avoided. WHEREFORE, having established good grounds therefore, the Petitioner, TREASURE COAST REGIONAL PLANNING COUNCIL, and BOYNTON-JCP ASSOCIATES, LTD, respectfully jointly request that the Comnlission grant an extension of time as described herein. r:rtL Cormac C. Conahan, Esq. (/(1Jy\;Yf} ~ Roger G. Saberson, Esq. HODGSON, RUSS, ANDREWS, WOODS & GOODYEAR Attorneys for BOYNTON-JCP ASSOCIATES, LTD. 2000 Glades Road, Suite 400 Boca Raton, FL 33431 LAW OFFICES OF ROGER G. SABERSON, P,A. Attorneys for TREASURE COAST REGIONAL PLANNING COUNCIL 110 E. Atlantic Avenue Delray Beach, Fl 33431 DATED: AwcL ~ (~fO DATED: /V)~7/7/D / WE HEREBY CERTIFY that the original and one copy of the foregoing has been furnished by Federal Express to Patricia Woodworth, Director of the Office of Planning & Budgeting, Execu- tive Office of Governor, 501 South Gadsden Street, Room 415, Carlton Building, Tallahassee,FL 32399 and by the U. S, mails to to all parties listed on the attached Mailing List this e~ day of March, 1990. HODGSON, RUSS, ANDREWS, WOODS & GOODYEAR 2000 Glades Road, Suite 400 Boca Raton, FL 33431 Telephone: (407) 394-0500 ~~a Cormac C, Conahan, Esq. BY: MAILING LIST Honorable Robert Martinez Governor State of Florida The Capitol Tallahassee, FL 32399 Roger G. Saberson, Esq. Law Offices of Roger G. Saberson, P.A. 110 East Atlantic Avenue Delray Beach, Fl 33444 Honorable Doyle Conner Commissioner of Agriculture The Capitol Tallahassee, FL 32399 Michele Russell, Esq. Assistant General Counsel Governor's Legal Counsel The Capitol Tallahassee, FL 32399 Honorable Jim Smith Secretary of State The Capitol Tallahassee, FL 32399 J. Scott Miller, City Manager City of Boynton Beach 100 E. Boynton Beach Blvd. Boynton Beach, FL 33435 Honorable Betty Castor Commissioner of Education The Capitol Tallahassee, FL 32399 Steve Pfeiffer, Esq. General Counsel Dept. of Community Affairs 2740 Centerview Drive Tallahassee, FL 32399 Honorable Gerald Lewis Comptroller The Capitol Tallahassee, FL 32399 Mr. Daniel Carey Executive Director Treasure Coast Regional Planning Council 3228 S.W. Martin Downs Blvd. Palm City, FL 33490 Honorable Tom Gallagher Treasurer The Capitol Tallahassee, FL 32399 Mr. Dick A. Greco, Jr. The Edward J. DeBartolo Corp. 100 S. Ashley Drive Suite 1255 Tampa, FL 33602 Honorable Robert Butterworth Attorney General The Capitol Tallahassee, FL 32399 patricia Woodworth Director of the Office of Planning and Budgeting Executive Office of Governor Room 415, Carlton Building 501 S. Gadsden Street Tallahassee, FL 32301 Leona F. Strickland Florida Land and Water Adjudicatory Commission Executive Office of Governor 421 Carlton Building Tallahasse, FL 32399 CITY OF BOYNTON BEACH OFFICE OF THE CITY MANAGER I ~'7J.~~A ;Z('X~e ~ Date February 27, 1990 Gene Moore, Mayor Bob Olenik, Vice Mayor Arline Weiner, Commissioner Lee Wische, Commissioner Lillian Artis Commissioner AS REQUESTED FOR YOUR INFORMATION REMARKS: Petition of Appeal Attached hereto please find a copy of a Petition of Appeal by the Treasure Coast Regional Planning Council reference the Boynton Beach Mall, accom- panied by supporting data and background information. The bottom line on this subject matter is that the Treasure Coast Regional Planning Council has formally appealed the Amended Development Order issued by the City of Boynton Beach in mid-December to the Florida Land and Water Adjudicatory Commission, as permitted under Section 380.07 Florida Statutes (1989). It is contended by the Treasure Coast Council that the Amended Development Order of the City does not comply with the standards and requirements of Chapter 380 Florida statutes, and further, these deviations from the Council's recommendations are so substantial and significant that the Amended Development Order fails properly to balance the favorable adverse impacts of the Boynton Beach Mall DRI, as required by Chapter 380; etc, etc. This office will await further instructions and notification by the state reference this case. Should you have any questions reference this subject matter, please feel free to contact either Tim Cannon or myself. JSM : j b Attachments '. _ .lfn · L 11', F'i......ur.Effg / City Attorney's Office cc: 1'," "i4 ", ;...~ .>-~" " "\~"""-"-- lj ~ PLAN\~\\ ",,( " I' - ~~~ --------..." -- ~ 02/22/1'3'30 11=20 * EOG/OPB/RM41'3 * '304 487 0526 P.02 J; ,~ IN TlIE FLORIDA LAND AND VATER. ADJUDICATOl.! eOlIaN ~ ~,r.~~~~",?~ ,I ' ; , t.' I I. . '\ ".' ,-" .'4 ~" ,; I .,fl " .,: , " ::. ' (.:', ~. ~ .:.~ I . (I' ~';:' iiu~ /.,1 fEe 11 lqJ lIt u; THE BOYNTON BEACH MALL, a Development of Rmgional Impact in Boynton Beach, Florida FlomOA LAND ^NC WI\TEIt .. "JIJOICA1CR'C ~liiIQ8 '\'" , """~~"""".,'''''.~'-. Jf ~O'1'ICE OF APPEAL OF THE '1REASURI COAST UGIO~AL PLANNING OOUNCIL The Treasure Coast Regional Planning Council by and through its undersigned Attorney hereby gives notice of and enters its appeal to the Florida Land And Vater Adjudicatory Commission (.Commission") puraus'[1t Section 380.07, Florida Statutes (3.989) llud uthet pt:ovisions of law. of Resolution No. 89.U.U.u, of the City of Boynton Beach. FL (a copy of which is attached horoto and made a part hereof) constituting a development order pursuant to the provisions elf Chapter 380 of thc;s Florida StatuLeai. The issues which constitute the grounds for ti~i~ appeal arg specifically set forth in the Pest! tion of Appeal which 1& attached hereto and h to incorporated herein by reference 3.1'\d has b"gll filQd simultaneously with thie Notiee of AppaAl pursuant ~o Rul. 42-2.002, ~lo~ida Adu!n1s~r~~ivc Code. Thill appeal involvQQ i.sues within the tlCOpc of a. permittin15 prcgram authorizod by ChaptQ~C 373 and 403, Florida Statutes, and for which 4 permit or eon.eept\.lal r.oV'iew appr.'(')val wa;:, obtof,ned prior tl[;l the i.:ssuancllI of the dovalopmone ordor 40 follows: C~rtain a~pcct.:s of the issues related to ~he d-rainage. systolll f\'lr the project and water. CJ\!a11ty I as set fort:h in paragraph 14 of tho Petition of Appeal of the Trea.sure Coast keg10nal Planning Council whioh i. attl1chcd hereto and f,ncorporated herein by referenoe, 1: HEREBY CERTIFY that an or1gjnlll anl1 one copy of the forego1ng Not1ce of Appeal hae been sant by Federal EY.pre.ss mail to the Office of Planning and Budget this 14th day of Febl:uary, 1990 and by first class mail to the addressees Uste<1 on the attached ExhibiL A. LAW OFFICES OF ROGER G. SABERSON, P.A. Attorney for Treasure Coast Regional Pllll.1'll'dn... r.nll1'\"f 1 ,/ / .. . .." -- ::..:- Extended Page 2, 1 110 E..t ^~lAntic Avenue Del~ay Deach, Flo~ida 33444 (305) 272-861& By: ;( iJ;x[Jp(~'-.. Rogcr ,Satierson, nsq. ~ ~ IN THE FLORIDA LAND AND WATER ADJUDICATORY COMMISSION IN RE: BOYNTON BEACH MALL, a Development of Regional Impact in Palm Beach County, Florida, ADDENDUM TO NOTICE OF APPEAL AND THE PETITION OF APPEAL OF THE TREASURE COAST REGIONAL PLANNING COUNCIL The Treasure Coast Regional Planning Council ("Council"), by and through its undersigned attorney, files this Addendum to its Notice of Appeal and the Petition of Appeal in this matter. 1. A de novo hearing is requested in the Petition and Notice of Appeal in this matter, since the records created during the proceedings below, including the public hearings conducted by the City of Boynton Beach were not full and complete regarding the issues presented by the Petition and Notice of Appeal of the Treasure Coast Regional Planning Council within the meaning of Section 380.07, Florida statutes (1989) and section 120.57, Florida statutes (1989) , Respectfully submitted, this 15th day of February, 1990. I HEREBY CERTIFY that an original and one copy of the foregoing Addendum to the Notice of Appeal and Petition of Appeal of the Treasure Coast Regional Planning Council has been sent by Federal Express mail to the Office of Plann~ng and Budget this 15th day of February 1990 and by first class mail to ~ the addresses listed on the attached Exhibit A. LAW OFFICES OF ROGER G. SABERSON, P,A. Attorney for Treasure Coast Regional Planning Council 110 East Atlantic Avenue Delray Beach, Florida 33444 (407) 272-8616 By: -') A fl ()q;t~!J ~ - , ------- Roger G. Saberson, Esq. 1 ,,/" / ~ Honorable Robert Martinez Governor State of Florida The Capitol Tallahassee, Florida 32304 Honorable Robert Butterworth Attorney General The Capitol Tallahassee, Florida 32304 Honorable Doyle Conner Commissioner of Agriculture The Capitol Tallahassee, Florida 32304 Honorable Betty Castor Commissioner of Education The Capitol Tallahassee, Florida 32304 Honorable Gerald Lewis Comptroller The Capitol Tallahassee, Florida 32304 Patricia Woodworth Director of the Office of Planning and Budgeting Executive Office of Governor Room 415, Carlton Building 501 South Gadsden Street Tallahassee, FL 32301 Mr. Dick A. Greco, Vice President The Edward DeBartolo Corp. 100 S. Ashley Dr. Suite 1255. Tampa, Florida 33602 EXHIBIT A 1 :. ...." Mr. Cormac Conahan Hodgson, Russ, Andrews, Woods, and Goodyear 2000 Glades Road Suite 400 Boca Raton, Florida 33431 J. Scott Miller, City Manager City of Boynton Beach 100 E. Boynton Beach Blvd, Boynton Beach, FL 33435 Honorable Jim Smith Secretary of State The Capitol Tallahassee, Florida 32304 Honorable Tom Gallagher Insurance Commissioner The Capitol Tallahassee. Florida 32304 G. Steven Pfeiffer, Esq. General Counsel Bureau of Land and Water Management 2740 Centerview Dr. Tallahassee. FL 32399-2100 Mr. Daniel Cary. Executive Director Treasure Coast Regional Planning Council 3228 S.W. Martin Downs Blvd. Suite 205 Palm City, Florida 33490 Mr. David Curl, Vice President The Edward DeBartolo Corp. 7620 Market Street Youngstown, Ohio 44512 IN THE FLORIDA LAND AND WATER ADJUDICATORY COMMISSION IN RE: BOYNTON BEACH MALL, a Development of Regional Impact in Palm Beach County, Florida. PETITION OF APPEAL OF THE TREASURE COAST REGIONAL PLANNING COUNCIL The Treasure Coast Regional Planning Council ("Council"), by and through its undersigned attorney, files this Petition pursuant to section 380.07, Florida Statutes (1989), section 120.57(1), Florida Statutes (1989), and Rule 42-2.002, Florida Administrative Code ("F.A.C. "), initiating an appeal, to the Florida Land and Water Adjudicatory Commission ("commission") with respect to Resolution No. 89-U U U ("Amended Development Order") of the City commission of the City of Boynton Beach, Florida ("City") constituting a development order pursuant to section 380.06, Florida Statutes (1989), for the Boynton Beach Mall, ~ Development of Regional Impact ("DRI"). As grounds for its appeal, the Council states: 1. The Council, 3228 S.W. Martin Downs Blvd., Suite 205, Post Office Box 1529, Palm City, Florida 33490, is the regional planning agency with the responsibility under section 380.06 (12), Florida Statutes (1989) to review, and to issue a report and recommendations on, any DR! or amendment thereto, proposed to be located within the, City. The Council is further authorized 1 ,/ / ~ .. \. by Section 380.07 (2), Flori.da Statutes (1989), to appeal to the Commission any DRI development order which does not comply with the standards and requirements of Chapter 380, Florida Statutes (1989) . 2. As required by section 186.508 (1), Florida Statutes (1989), the Council has adopted by rule a Regional Comprehensive Policy Plan ("Regional Plan"). See Rule 29K-5.001, F.A.C.. Pursuant to 186.507 (8), Florida Statutes (1989) the Regional Plan serves, "in addition to other criteria established by law, [as] the basis for regional review of developments of regional impact....." proposed to be located within the Council's jurisdiction. 3. The Boynton Beach Mall Project is a Development of Regional Impact pursuant the provisions of Subsection 380.06 of the Florida Statutes. 4. The Boynton Beach Mall is a regional shopping center, which was approved as a DRI by Palm Beach county, Fl., by issuance of a Development Order May 7th 1974 (Resolution No. R-74-343). ,The Development Order required, along with other matters, that the pine area located in the northwest area of the site be preserved. 5. ~ May 6, 1975 Palm Beach County adopted Resolution No. R- 75-297 rezoning the subject parcel from agriculture to general commercial and approving a further special exception to allow the expansion of the "Regional Shopping Center known as the Boynton Beach Ma11". 6. On September 12, 1978 Palm Beach County adopted Resolution No. R-78-1132 allowing an additional special exception on the Boynton Beach Mall property to permit an automotive service 2 . \ center. 7. On December 22, 1981 Palm Beach County approved Resolution No. R-81-1652 which authorized the County to enter into an "Agreement for Roadway Improvements" with the Developer in anticipation of the Mall and certain out parcels being annexed into the City of Boynton Beach, Florida. 8. On November 16, 1982 the City of Boynton Beach adopted Ordinance 82-38 annexing the Mall property except for the preserve area located in the northwest portion of the site. 9. On April 5, 1988 the City of Boynton Beach adopted Ordinance 88-11 annexing the preserve area located in the northwest portion of the site. 10. On August 18, 1988, the Developer of the Mall submitted to the City and the Treasure Coast Regional Planning Council its "Amended Development of Regional Impact Application for Development Approval for Changes to a Previously Approved Development of Regional Impact" (hereinafter the "Amended Application"). The Amended Application proposed changes which included but are not limited to the following: (i) the addition of 136,449 square feet of gross leasable area of commercial retail space, (ii) an increase in the parking and impervious surface area to accomodate the increase in commercial square footag~, (iii) a reduction in size of the preserve area which was identified in the original development order to be preserved, and (iv) modifications to the drainage system. 11. The Treasure Coast Regional Planning Council reviewed the Amended Application as required by Section 380.06 of the Florida statutes (1989) and issued its report and recommendations to the , City of Boynton Beach, FL on April 21, 1989 (an excerpt from the report and recommendations containing the recommended 3 r ~ .." conditions and analysis is attached hereto, incorporated herein by reference and made a part hereof and is hereinafter referred to as "Assessment Report"). The report and recommendations recommended'that if the City approved the Amended Application such approval should be conditioned upon the el imination and resolution of certain adverse impacts of the development proposal and to mitigate the adverse impacts Treasure Coast recommended that the approval be subject to 16 conditions. 12. On December 19, 1989 the City issued its Amended Development Order approving the Amended Application. The Amended Development Order is attached to the Notice of Appeal filed simUltaneously herewith and is incorporated herein by reference. The Amended Development Order did not resol va or eliminate certain substantial adverse impacts of this / development. Therefore, the Treasure Coast Regional Planning Council at a regularly scheduled meeting held January 19, 1990, voted to appeal this development order to the Florida Land and Water Adjudicatory Commission as permitted under Section 380.07, Florida Statutes (1989). 13. The Amended Development Order of the City does not comply with the standards and requirements of Chapter 380, Florida Statutes (1989), in that the City failed properly to consider whether, and the extent to which, the proj ect, ( i) would unreasonably interfere with the achievement of the objectives of an ad~pted state land development plan applicable to the area, (ii) would be consistent with the City's comprehensive plan and local land development regUlations, (iii) would be consistent with the report and recommendations of the Council, and (iv) would be consistent with the State Comprehensive Plan. The Amended Development Order includes conditions that are significantly, inconsistent with the above and significantly , inconsistent with the Regional Plan. These deviations from the Council's recommendations are so substantial and significant 4 that the Amended Development Order fails properly to balance the favorable and adverse impacts of the Boynton Mall DRI, as required by Chapter 380, Florida statutes (1989). 14. The substantial adverse regional impacts 'of this development not satisfactorily resolved or eliminated in the development order include the following: A. The adverse impact that would be caused by the substantial reduction in size or elimination or degradation of the area set aside as a preserve ("Limits of pine Area") in the Amended Development Order including but not limited to the adverse impact on native habitat and its functions and values, and the loss of this area to serve as a buffer between this intense commercial development and the residential area adjacent to it. The Amended Development Order contains inadequate safeguards to assure that the preserve area as identified in the Amended Development Order remains intact. It requires only that the developer "shall confirm" prior to the issuance of the certificate of occupancy that it will not develop in the preserve area. The "shall confirm" requirement does not adequately protect the preserve area. "Shall confirm", is unreasonably vague as to, (i) the level of commitment to preserve the area, (ii) what will be the form of commitment i.e. verbal, letter, binding agreement, deed restrictions etc. and (iii) how long and under what circumstances will' this "conft'bnation" remain in effect? The Council has in its Regional Plan, Goals and Policies related to the preservation of native upland habitat. As an example see Regional Goals 10.1.2 and 10.2.2 and Policy 10.1. 2.2. The Amended Development Order is inconsistent with these goals and policies, and inconsistent with Council's Assessment Report. B, Adverse impact on water quality as related to the drainage of and from the prc)j ect and the drainage system for the 5 ,/ -- .." project: (i). Section 187.201 (8) (a), Florida Statutes 1989 (state Comp'rehensive Plan) provides, "Florida. . . . . . . shall maintain the functions of natural systems and the' overall present level of surface and ground water quality. Florida shall improve and restore the quality of waters not presently meeting water quality standards." (ii). In implementation of the above state goal the Council adopted Policy 8.1.1.8 in the Regional Plan providing that stormwater management systems shall be designed so as to not adversely effect the quality of water entering the aquifer recharge areas in the Region. Policy 8.2.1.3 further provides that the negative impacts of existing land use activities on surface and groundwater quality and quantity be minimized by retrofitting to incorporate appropriate water quality management techniques. ( iii) . According to the Palm Beach County Environmental Resources Management Office, the surficial aquifer lies approximately six feet below the surface of the ground in the entire eastern portion of Palm Beach County and is considered an aquifer recharge area. The project site is located in this eastern portion of Palm Beach county. I (iv). The water quality data collected by the South Florida Water Management District for this project site indicates that the existing drainage system is reSUlting in off site discharge events in which certain pollutants exceed state water quality requirements and in addition, during rainfall events, pollutants and heavy metals present in the runoff appear in samples of groundwater taken just outside the detention ponds. The addition of 136,449 square feet of commercial retail space and the attendant increase in parking area and automobile 6 use of the site will increase the adverse impact of this project on water quality. - (v). The Council in its report and recommendations, recommended various measures which would enhance and improve the capacity of the drainage system to work so as to not adversely effect the water quality in the aquifer and groundwater. However, the City's Amended Development Order is significantly inconsistent with the Council's recommended conditions in this regard, inconsistent with the Regional Plan, and the state Comprehensive Plan. (vi). The Council respectfully submits that the provisions of Section 380.07 (5) are inapplicable to this appeal because, (i) notwithstanding the fact that a permit or permits have been issued for portions of the drainage system by the South Florida Water Management District ("SFWMD") and the Department of Environmental Regulation ("DER") there are still discharge events which are occurring wherein the water quality is not meeting the applicable standards i.e. the drainage system does not function to accomplish one of its primary purposes, that the off site discharge be of a consistently high qual~ty not exceeding state standards for water quality, (ii) notwithstanding the fact that a permit or permits were issued for portions of the drainage system, during rainfall events there are still pollutants and heavy metals present in the groundwater on the site and (iii) the retrofitting of the existing drainage system, as recommended by the council, is not within the scope of a permitting program of either the SFWMD or DER. C. Adverse impact of this development on the transportation system. (i). The Council has several Regional Goals and Policies related to the transportation system within the Region. 7 '1" " ~ 'W As an example and not by way of limitation, Council policies 19.2.1.3 and 19.2.1.5 in the Regional Plan require that the regional roadway network shall be maintained at Level of Service ("LOS") C or better during average annual 24 hour conditions (LOS D during peak hour on links and at intersections) and at LOS D or better during peak season (peak hour and 24 hour conditions), through the project buildout. (ii). The Amended Application uses an invalid assumption that the proposed addition to the Mall will be completed in 1989. Even if the addi tion had been completed within 1989 certain road links and intersections would not be operating at the above Level of Service, these are the following: a. Congress Avenue between N. W. 22nd Avenue and New Boynton Beach Blvd. is projected to operate at LOS D during AADT conditions and at LOS F during peak season, peak hour conditions. b. Old Boynton West Road between Military Trail and Lawrence Road is projected to operate at LOS E during AADT conditions and at LOS F during peak season, peak hour conditions. c. The intersection of Congress Avenue' and Hypoluxo is projected to be operating at LOS E at project buildout. d. The intersection of Congress Avenue and Old Boynton West Road will require additional through and left turn lanes in order to achieve the above Level of Service standard even after the six laning of Congress Ave. e. The intersection of New Boynton Beach Blvd. 8 and Congress Avenue is projected to operate at LOS E at project buildout. f. The intersection of Boynton Beach Blvd. and the interchange with I-95 is projected to operate at 'LOS E at project buildout. (iii). The Council in its Assessment Report indicated that the project traffic impacts could be mitigated by attaching certain conditions to the development approval which included but are not limited to; a. That prior to building permits being issued that contracts be let for certain specified roadway and intersection improvements that would be required to permit the roadway network to operate at the above Level of Service. Also, that prior to certificates of occupancy being issued that the roadway and intersection improvements were to be completed. b. Alternatively, in lieu of some or all of the specified construction of roadway and intersection improvements the Council's Assessment rt~port indicated that the City could substitute an approved mass transit plan meeting certain criteria which would in effect accomplish the same purpose as the construction of the specified improvements. c. The Ci.ty did not include in the Amended Development Order either; (i) the conditions relating to the construction of the specified roadway and intersection improvements, or (ii) an acceptable mass transit plan. Nor did the City address at all when entering its Amended Development Order on December 19, 1989 the fact that the applicant in projecting traffic conditions utilized what was at that point a . totally invalid assumption i.e. that the addition to the Mall would be completed in 1989. 9 lW - 15. The Treasure Coast Regional Planning Council pursuant to the provisions of Subsection 380.07 of the Florida Statutes does hereby request a de novo hearing in regard to this appeal. WHEREFORE, the Council respectfully requests that the Commission accept jurisdiction over this appeal and: A. That the Commission refer this cause to the Division of Administrative Hearings for a de novo hearing under section 120.57 (1), Florida Statutes (1989); and B. That the Commission deny and reverse the issuance of the Amended Development Order for the Boynton Beach Mall DRI in compliance with the requirements and standards of Chapter 380, Florida Statutes (1989) and other provisions of law; or C. In the al ternati ve, that the Commission approve a amended development order for the Boynton Beach Mall DRI incorporating the Council's recommended conditions consistent with its Regional Plan or other conditions which effectively accomplish the same purposes as the Council's conditions, and D. That the Commission grant such other relief as it deems just and appropriate. Respectfully submitted, this 14th day of February, 1990. I HEREBY CERTIFY that an original and one copy of the foregoing Petition of Appeal of the Treasure Coast Regional Planning Council has been sent by Federal Express mail to the Office of Planning and Budget this 14th day of February 1990 and 10 by first class mail to the addresses listed on the attached Exhibit A. LAW OFFICES OF ROGER G. SABERSON, P.A. Attorney for Treasure Coast Regional Planning Council 110 East Atlantic Avenue Delray Beach, Florida 33444 (407) 272-8616 ./Clf') ,tA /'----- By: Roger G. Saberson, Esq. 11 .. Honorable Robert Martinez Governor State of Florida The Capitol Tallahassee, Florida 32304 Honorable Robert Butterworth Attorney General The Capitol Tallahassee, Florida 32304 Honorable Doyle Conner Commissioner of Agriculture The Capitol Tallahassee, Florida 32304 Honorable Betty Castor Commissioner of Education The Capitol Tallahassee, Florida 32304 Honorable Gerald Lewis Comptroller The Capitol Tallahassee, Florida 32304 Patricia Woodworth Director of the Office of Planning and Budgeting Executive Office of Governor Room 415, Carlton Building 501 South Gadsden Street Tallahassee, FL 32301 Mr. Dick A. Greco, Vice President The Edward DeBartolo Corp, 100 S. Ashley Dr, Suite 1255 Tampa, Florida 33602 EXHIBIT A 1 w- Mr. Cormac Conahan Hodgson, Russ, Andrews, Woods, and Goodyear 2000 Glades Road Suite 400 Boca Raton, Florida 33431 J. Scott Miller, City Manager City of Boynton Beach 100 E. Boynton Beach Blvd. Boynton Beach, FL 33435 Honorable Jim Smith Secretary of State The Capitol Tallahassee, Florida 32304 Honorable Tom Gallagher Insurance Commissioner The Capitol Tallahassee, Florida 32304 G. Steven Pfeiffer, Esq. General Counsel Bureau of Land and Water Management 2740 Centerview Dr, Tallahassee, FL 32399-2100 Mr. Daniel Cary, Executive Director Treasure Coast Regional Planning Council 3228 S.W. Martin Downs Blvd. Suite 205 Palm City, Florida 33490 Mr. David Curl, Vice President The Edward DeBartolo Corp, 7620 Market Street Youngstown, Ohio 44512 r ....;- . ENVIRONMENT AND NA TURAL RESOURCES ,"Xn preparinq i t8 report and recommendations, the reqional plaDDinq aqency shall consider whether, and the extent to which: ... (a) The development will have a favorable or unfavorable impact on the environment and natural and historical resources of the Reqion. . . .(c) The development will efficiently use or unduly burden water (and) sewer facilities. II Section 380.06. Florida statutes . '" 1 I '1 . :.. . ,,', ..; . .~ ~ . ',' . . ~: " .. \, . - .1' .. " ,'- . :---'.-: " ,.It ~ " , "'" . " -- w HABITAT, VEGETATION. AND WILDLIFE .~. Issue . cOD~iDued viabili~y of ~he pinel and habi~a~ OD sit. is threa~eDed hy ~he iDvasioD of exo~io .eed species proao~ed by develop.eD~ of the adjaceD~ aall. policv Council policy seeks preservation of enough native habitat so that no aore species in the Region will become endangered (Reqional Goal 10.2.1). Regional Goal 10.1.4 is to abate the deqradation, of natural areas caused by pest species. Discussion The mall site is mostly developed except for a 5.83-acre . tract of pineland in the northwest corner set aside pursuant to the oriqinal Development Order. This remaining natural area is serving two important functions. First, it provides a small amount of once common habitat. As such, it is utilized by several common species of birds and other small animals. In addition, two small gopher tortoise burrows were seen during a staff visit to the site last fall. Second, the pineland buffers the residential area west of the mall site from the noise, air pollution, heat, and visual impacts of the mall. The habitat value of this preserve area is compromised in part due to an overgrowth of vines and some exotic plants that have invaded the pineland. Management of the preserved area to control the vines and remove exotic species would improve the habitat value of the pineland and help assure the continued survival of this small tract. Such action might also, however, decrease the utility of the area as a visual buffer unless other action is taken to enhance the effectiveness of the area as a buffer. The developer is proposing to add a Sears to the mall which will lie within the currently developed areas. However, in order to accommodate additional parking, the developer is proposing to remove 2.42 +/- acres of the existing pine area. To minimize the amount of pineland removed, the developer is proposing to relocate and culvert lateral Canal-23 (L-23) so that it lies beneath the ring road of the mall. Once this canal is culverted, it will create an additional .14 +/- acres of land along Javert street where pines can be planted. The developer is proposing to remove the Brazilian pepper from the remaining pineland, replace it with slash pine, and to plant pines in the existing sparsely vegetated areas as well. 3 " , " t',: '1.' ", ~r~Jf:, ," 0'" . . .... ;:::}&k, .:~ ~::>::~:~':' . -ilf\' ... , " :..'~:;:; ;'::~" J .- f, , 'of, ... ",',' , " . ;.,' . -,.. .. ."" . " Council policy requires that 25 percent of any native habitat present on a site prior to development be preserved. This pOlicy is to help prevent any native species in the Region from becoming a species of special concern (i.e., to provide habitat even for common species). Prior to development, the site supported 12.3 acres of pine savannah. Thus the proposed preservation of' 5.83 acres of the pineland to be zoned as recreational land, is consistent with council policy. This preserved area should be managed to increase its habitat value and ensure its viability. When the original Development Order was issued in 1974 by Palm Beach County, it included the condition that the developer was to "preserve the area of pine on the subject property." The preservation of that fraction of the original 12.3-acre area still remaining is important to the people living next to the, mall. Copies of letters received by Council regarding this area can be found in Appendix A. The local government may feel an obligation to preserve more than the 3.41 acres the developer has proposed and should not be constrained by Council's recommendation from providing a greater amount of buffer and habitat preservation if such is determined to be appropriate. This might be done by requiring a parking garage, thus eliminating the need to destroy the small amount of existing habitat that remains on site. Recommenda1;io~s In an effort to maintain habitat for all native species in the Region and prevent this site from acting as a source of seed of exotic pest species, the following conditions should be incorporated into the Development Order: 1. The developer shall preserve no less than 5.83 acres of pineland in the northwest quadrant of the site whose approximate location is shown in Exhibit HVW-l. Preservation in perpetuity as a native habitat preserve area shall be assured by deed restriction for a minimum of 5.83 contiguous acres within that quadrant. 2. Within ~ne year from the effective date of the Development Order and prior to the issuance of certificate(s) of occupancy for any additional square footage constructed pursuant to this Development Order, the following must be demonstrated to have occurred to the satisfaction of the Ci ty of Boynton Beach in consultation with Treasure Coast Regional Planning Council: 4 , 1 -'" 'I.,", .'0. I . .. '.. ...., . "" , ..,' . . ....:.~.. JI'o , r '.. . . , ~ ': ~ - a. all exotic vegetation which occurs in the preserve areas shall have been removed; I.~. b. habitat value of the preserve area shall have been improved by control of vines and appropriate replanting of areas currently dominated by exotic vegetation; and a plan which includes methods of funding for the on-qoing maintenance and management of the native habitat preserve area satiSfactory to the City of Boynton Beach in consultation with Treasure Coast Regional Planning Council shall have been submi tted to both of those enti ties unless the area is deeded over to the City of Boynton Beach or another entity acceptable both to the City and Treasure Coast Regional Planning Council. If ownerShip of the area is transferred, it must be done so with deed restrictions that require its preservation as a native habitat area. 3. Prior to commencing construction acti vi ty wi thin the parcel containing the preserve, the preserve shall be temporarily fenced or otherwise delineated to prevent construction equipment from entering the area. c. 4. All Brazilian pepper, Australian pine, and Melaleuca on the site shall be removed prior to issuance of a certificate of' occupancy for any building constructed pursuant to this Development Order. These species shall not be used in landscaping. 5 , <" " '. " " . ....', .. .. '. .. ~ . - , , \ " . ' .., " DRAINAGE Issue ....:- stormvater runoff fro. the .all is conveyinq pollutants into the qroundvater via ezistinq detention ponds. Po1icv Council Policy 8.1.1.8 is that stormwater management systems shall be designed to maximize the quality of recharge water as well as water discharged trom the site. Policy 8.2.1.3 further provides that the negative impacts of existing land use activities on surface water and groundwater quality and quantity shall be minimized by retrofitting to incorporate appropriate water quality management teChniques. r Discussion The site already contains a 878, 670-square foot mall plus parking lot. Four detention ponds on site collect runoff from the impervious surfaces. The site is broken into two drainage basins. The west basin serves the southwest portion of the site. Discharge from this basin goes into a detention pond which discharges into the L-23 canal. The east basin serves the rest of the site and, after passing through the detention ponds, excess water is conveyed to C- 16, the Boynton Canal. The addition of a Sears plus additional parking will increase the total of impervious' surface and increase the required water retention/detention capacity of the system. The developer is proposing to accommodate, the addi tiona1 runoff by modifying the existing stormwater system. In addition, to conserve land area (see Habitat, Vegetation, and Wildlife), the L-23 is to be culverted and moved to lie beneath the western edge of the expanded parking lot. The South Florida Water Management District (SFWMD) has indicated that they do not expect water quality problems as a result of this change. According to the Palm Beach County Environmental Resources Management Office, the surficial aquifer lies approximately six feet below the surface, and the entire eastern portion of Palm Beach County is considered a recharge area. The SFWMD has collected water quality data for the mall site. The data indicates that, although the system is removing some pollutants and producing discharge water that meets most of the applicable Florida Department of Environmental Regulation standards, there are some exceedences. In addition, during rainfall events, pollutants present in the runoff appear in samples of groundwater taken just outside the detention ponds. 6 .. . \. .::" ,:";. .. ., . . . . . " ,', ','. .;,', l. 'Wi' .., t I~.~ i; .~ '.- ed :. ~:i__, Better treatment of this water could be obtained through j,,"::--::: establ-ishment of littoral zones around the detention ponds .~." and the use of grassy swales to collect runoff and convey it to the drains which then convey the runoff to the detention ponds. The use of water tolerant trees such as cypress, pond apple, and button bush may be best for this site since they are woody and thus serve to tie up pollutants for a longer period of time. The developer has proposed to design a containment system to prevent any wastes from the Sears garage from entering the stormwater management system (see ~ 1 ,-";: ~ ". HAZARDOUS MATElUALS AND WASTES) . .' .. ~ -.t .. . "" ~; .~. ',J '-~ , .,.... ~ ' .. j,: ~ . -. " .\':. ,', . :~~" ", ,,' " , ,'.' " ( , Recommendations In order to assure acceptable levels of water 'quality at discharge and improve recharge into the shallow aquifer, the following conditions should be incorporated into the Development Order: 1. The stormwater management system serving the Boynton Beach Mall shall be modified to ensure discharge will meet the water quality standards of Florida Administrative Code Rule 17-3 by incorporating the fOllowing Best Management Practices: use of grassy swales to pretreat runoff before conveying it to the detention ponds and weekly parking lot sweeping. Vegetated' littoral zones shall be established around the existing detention ponds utilizing native woody species. Prior to construction and planting of the littoral zones, the developer shall prepare a design and management plan for the littoral zone to be reviewed for consistency with the Regional Comprehensive Policy Plan by Treasure Coast Regional Planning Council in consultation with the City of Boynton Beach, South Florida Water Management District, and Florida Department of Environmental Regulation, and approved by the City of Boynton Beach, South Florida Water Management District, and Florida Department of Environmental Regulation. The plan shall: (1) include a plan view and site location; (2) include a typical cross section of the detention pond; (3) specify how vegetation is to be established within the littoral zone; and (4) provide a description of any, monitoring and maintenance procedures to be followed in order to assure the continued viability and health of the littoral zones. If Treasure Coast Regional Planning Council determines that the design and management plan for the littoral zones is not consistent with the Regional Comprehensive Policy Plan, then the developer will be in violation of the Development Order. No additional certificates of occupancy shall be issued for any additional square footag~ constructed pursuant to this Development Order, until the plan is determined to be consistent with the Regional Plan. Wherever 2. 7 . .... ',' ~,"'.: .' " 'f',';' ", '. ,\~ ,;.~:' , ,",", ,~ " .... . , !"',:.. possible a minimum of ten square feet of vegetated - li~toral zone per linear foot of' shoreline shall be "eetablished and configured so that at least.SO percent of the. shoreline has a vegetated littoral zone. Alternate' design' may be necessary due "to' :physical constraints inherent in retrofittinq theseexistinq detention ponds. The littoral zones shall be in place prior to the issuance of a certificate of occupancy for any addi tional square footaqe constructed pursuant to this Development Order. . . i.)' '.. :- .... 3. Under no circumstances shall post development volumes exceed predevelopment runoff volumes storm event of three-day duration and 2S-year frequency. 8 t 'r , .. runoff for a return ~ 'W' HAZARDOUS MATERIALS AND WASTE r ,~ . . Issue The proposed Sears addition to the mall vill include both aD automotive center and a garden shop. Improper manag..ent of hazardous materials associated vith these uses could adversely aftect surface and groundvater resources and the public health. policv council policy requires proper hazardous materials and hazardous waste management. Such management is addressed through implementation of a hazardous materials and waste management plan, and public education. Council consistently requires such a management plan be prepared when a development involves hazardous materials and/or waste. This plan addresses, at a minimum, tenant responsibilities: developer responsibilities: material identification: proper management, containment, clean-up, and financial responsi- bility: and coordination with federal, State, and local hazardous waste programs and regulations. Discussion " Improper disposal and handling of hazardous materials and waste represent growing and serious problems throughout the Region. The problem of hazardous waste generation and disposal has been discussed in the Regional Comprehensive policy Plan (April, 1987) and the "Hazardous Waste Assessment Report for the Treasure Coast Regional Planning Council" (December, 1986). Because of the vulnerability of Florida's groundwater and surface water systems and potential impacts on water quality and the public health, it is imperative that hazardous waste generators be identified and that they implement proper storage and disposal methods which will minimize potential for a spill and maximize clean-up efforts. Because the entire eastern Palm Beach County area is considered an aquifer recharge area, it is important that hazardous materials not enter the surface water management system at the mall. Recommendation In order to minimize impacts on the water resources of the Region and to public health, the following condition should be incorporated into the Development Order: 1. Prior to issuance of a building permit for any additional square footage approved by this Development Order, the developer shall prepare a hazardous '. 9 " ." .~. :;.. ", ,'.' '".. :t~.;:. . . : ~ ~. .1" . 'fi .,:' materials management plan Tr~asure Coast Regional cOnsistency with the Regional and approved by the City of shall: to be reviewed by Planning Council Comprehensive Policy Boynton Beach. The the for Plan plan require disclosure by tenant of all materials proposed to be stored, generated on the premises~ b. provide minimum standards and procedures for storage, prevention of spills, containment of spills, and transfer and disposal of such materials~ a. hazardous used, or c. provide for proper maintenance, operation, and moni toring of hazardous materials management systems, including spill and containment systems~ d. detail actions and procedures to be followed in case of an accidental spill~ e. guarantee financial responsibility for spill clean-up~ and t. require the inspection of premises storing, using, or generating hazardous materials prior to commencement ot operation and periodically thereafter, to assure that the provisions of the plan are being implemented. 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"0 LOlL 01 . to Q.:JI- "0 3 0 ::I 0. :JI"O 3 C 3 3 C 3 C 10;:,10"-.00 :JIO- GIN III" 0" 0 1% : '" :;: 0 % ::l en : '" 0 ::z: N ::z: ...J (.) .J (.) I I I I . , , ICII I~ .a: I .111 1111 1111 It. 18' 10 1(,) r c o '.. tit C .. Q. X l.LI - - .. z: ;:,I CQ "0 IJI ., ." L '11 C IJI f.!) U .... t. t. .. to ~ ... .. c o '.. ., ... "0 "0 a:: . bf!.=,'" .. .. .; .~ . .. o. ,,: .. ,. " t TABLE TR-3, ,_ ",-,,, BOYNTON BEACH MALL SUBSTANTIAL DEV.I!'t:I..,ON ~~ INTERSECTION CONDITIONS 1989 ",' , INTERSECTION LOS PM PEAK HOUR .;...:...s...., , C". .''L.. . .'" BEFORE. AFTER . ,IMPROVEMENTS ... ,J ~.. v ':;'_ ... ::. ......... ~ CONGRESS AVENUE/HYPOLUXO ROAD CONGRESS AVENOE/22ND AVENUE CONGRESS AVENUE/OLD BOYNTON WEST ROAD . OLD BOYNTON WEST ROAD/WINCHESTER STREET OLD BOYNTON WEST ROAD/LAWRENCE STREET OLD BOYNTON WEST ROAD/MILITARY TRAIL MILITARY TRAIL/NEW BOYNTON BEACH BLVD. NEW BOYNTON BEACH BLVD./WIJCHESTER ROAD NEW BOYNTON BEACH BLVD./CONGRESS AVE. .,'.i'":l?f D _E C E D D D D C A E D NEW BOYNTON BCH BLVD. /OLD BOYNTON WEST RD. B NEW BOYNTON BEACH BLVD./I-95 EAST NEW BOYNTON BEACH BLVD./I-95 WEST CONGRESS AVENUE/WOOLBRIGHT ROAD CONGRESS AVENUE/GOLF ROAD E D E C C B 15 ," ~ R0~ f: ....:,.:.... ':.. ~Tt,.~~ ~ " " ,. .., ..- Issue ShoUlA~' approval of the additional square footage requested be conditioned on compliance "ith current transportation policy given the scope of the original Development of Regional Impact (DRI) revie" in 1973. r Policy Chapter 380.06(19) (a) Florida statutes, requires substantial deviation review for any proposed change to a previously approved development which creates a reasonable likelihood of additional impact, or any type of regional impact created by the change not previously reviewed by the regional planning agency. Discussion This project was first reviewed as a DRI in 1973 by South Florida Regional Planning Council (SFRPC) , prior to formation of Treasure Coast Regional Planning Council (TCRPC) . At the time of original review, the Mall was projected to generate between 35,000 and 38,500 external daily trips, based on a trip generation rate of 34.75 trips per 1,000 square feet of mall development. According to the Report and Recommendation made by SFRPC at that time (1974), the proposed proj ect was to include 1,108,000 square feet and be built out in five years (1978). The Report and Recommendations issued by SFRPC recognized that transportation impacts would occur and recommended to local government that the project NOT BE APPROVED until regional concerns were satiSfactorily resolved. The following is stated in the South Florida Regional Planning Council Assessment Report related to transportation: "Major improvements must be made to the roadway network serving the Mall in order to avoid severe traffic congestion. Approval of this project should be withheld pending satisfactory assurances from appropriate governmental agencies that the needed roadway improvements can be provided in a timeframe that will avoid serious traffic congestion." Since the original review, much has changed. Public transportation policy is better defined. The road system serving the project is more complex. Considerable growth has occurred and transportation impact evaluation has been refined. This last point is the basis of an argument posed by the applicant. The applicant raises the question that since current trip generation rates predict less traffic than was 16 '. , , . '.. ~ .. . ' 1:'. ,:. : - ~{ s ~'.. c. .. ?,I . ~ ' ,I ".:' . , . ." . ' '1;., " origina!~ly predicted to be generated by, th~s project, can .- the -TeRPC. condition approval of the requested additional squareto~tage on'road improvements above 'and beyond those oriqirially:recommended (see Appendix C). Since square footage itself (in this case) was not the basis of regional concern, but rather the ~ransportation impacts generated by that square footage, the applicant's argument for vesting with regard to transportation issues would , perhaps.r; 'have' merit to the extent ..'that the' original transportat:ion -' ,,' - analysis otherWise remained val id. Unfort~~tely,"this is not the case. Impacts ot the proposed project were originally reviewed under the assumption that this project would be built out by 1978, and that necessary roadway improvements would be made to prevent "severe traffic congestion" as a result of ,approval. Any vesting the project might have had was lost when the assumptions used to review the project became invalid. Further, construction of the additional square footage would result in unacceptable levels of traffic congestion. t Recommendatioo Should local government choose to approve the proposed change, such approval should be conditioned on conformance with the transportation conditions included within this report. 17 ..... t. , . ',~,.' .; : "', : ':,;" ~ ,:' ,": ',:' ;:, \ , ' , , " , ;>: W' .." . Issue ~:~i~' .:.. Adequ~~.' road riqht-of-way within the project boundaries r c ~,~.. - should' be pre.erved to accolllJllodat. traffic at, buildout of - _.~l" the Boynton Beach, Hall Su):)stantial Deviation (1989). Policy .. '''r. ...,.<t'I;_ lL-.: ~. . t. , . . .. All development shall dedicate, where appropriate, right-of- way necessary for the Thoroughfare Right-Of-way Protection Plan as adopted ,by the local government issuing the Development Order. If the local government permitting the development does not have an adopted Thoroughfare Plan, then right-Of-way shall be dedicated in accordance with the adopted Thoroughfare Plan or typical cross-section for rights-Of-way of the governmental entity responsible for maintenance and' construction of the roadways serving the local government permitting ,the development. Discussion To ensure that adequate right-of-way is available to accommodate projected future traffic volumes and to ensure implementation of the Palm Beach County Thoroughfare Right- Of-Way Protection Plan, right-Of-way should be protected or dedicated consistent with this plan. Recommenda~ion In order to mitigate the adverse impacts on the regional roadway network from the proposed development, the following condition should be incorporated into the Development Order: 1. No building permi ts for the Boynton Beach Mall Substantial Deviation shall be issued until all right- of-way within the project boundaries have been dedicated, free and clear of all liens and encumbrances, to the ci ty of Boynton Beach or Palm Beach County as necessary and consistent with the Palm Beach County Thoroughfare Right-of-way Protection Plan. 18 . l.Is.M ,J)~,:,j.7 no.:':'!" 't "'4 ~ u . 1::'- ;'," ~ i,'~~:; , ,F'~: :.F.. . ,\....., ,4:,,1'" Issue .-, prior ~o buildou~ (19.9) of ~he Boyn~oD Beach Hall Sub.~aD~ial Devia~ioD,cenaiD roadway liDlts siqnifican~ly impac~ed by ~h. developmeD~ vill opera~e a~ unacceptable levels of service. policv The regional roadway network shall be maintained at Level of Service (LOS) C or better during annual average daily traffic (AADT) conditions and at LOS D or better during peak season, peak hour conditions. Discussion At buildout of the Boynton Beach Mall Substantial Deviation ,in 1989, Congress Avenue between N. W. 22nd Avenue and New Boynton Beach Boulevard is projected to operate at LOS D during AADT conditions and at LOS F during peak season, peak hour conditions. Project traffic impact is estimated to be at JJ percent. Old Boynton West Road between Military Trail and Lawrence Road is anticipated to have a project traffic impact of 47 percent and will operate at LOS E during AADT conditions and at LOS F during peak season, peak hour conditions. Project traffic impacts on both roadways can be mitigated by constructing additional through lanes. Recommendation In order to mitigate the adverse impacts on the regional roadway network from the proposed development, the following condition should be incorporated i~to the Development Order: 1. No building permits shall be issued for the Boynton Beach Mall Substantial Deviation until contracts have been let for the following roadway improvements: a. construct Congress Avenue between N.W. 22nd Avenue and New Boynton Beach Boulevard as a six-lane divided roadway; and b. construct Old Boynton West Road between Military Trail and Lawrence Road as a four-lane divided roadway. No certificates of occupancy shall be issued for the Boynton Beach Mall Substantial Deviation until the improvements under a and b above have been completed. 19 '. . ~I ,'" , . .1 .. ~. l," ~'4 c. f . ~ 0 h, .. y.Liz: ~\J:E: 9: . , , . Lt' ~, ~ 'WI . Issue prior ......to buildout (1989) of the Boynton Beach Hall substantial Deviation, the intersections of Hypoluzo Road, H.... 22nd Avenue, Old Boynton west Road, and He" Boynton 'Beach Boulevard with congress Avenue, and the interchange of He" Boynton Beach Boulevard/I-95 "ill operate below Council'S acceptable level of service standards. policv The reqional roadway network shall be maintained at LOS C or better during AADT conditions and at LOS D or better during peak season, peak hour conditions. Discussion The intersection of Congress Avenue and Hypoluxo Road is projected to be significantly impacted by project traffic , and to operate at LOS E at buildout. Additional left-turn lanes will mitigate adverse project traffic impacts. The intersection of Congress Avenue with N.W. 22nd Avenue is projected to operate at LOS E by the end of 1989 unless additional left-turn lanes are provided. In conjunction with the six-Ianing of Congress Avenue, the intersection of Congress Avenue and Old Boynton West Road will require additional through and left-turn lanes to achieve acceptable levels of service. The intersection of New Boynton Beach Boulevard and Congress Avenue is projected to operate at LOS E with significant project impact unless left-turn lanes are added to the north and south approaches of the intersection. The Boynton Beach Boulevard interchange with I-95 is projected to operate at LOS E unless additional through and left-turn lanes are constructed for the east and west approaches. Recommendation In order to mitigate the adverse impacts of the proposed development on the regional roadway network, the following condition should be incorporated into the Development Order: 1. No building permits shall be issued for the Boynton Beach Mall Substantial Deviation until contracts have been let to construct to the following intersection configurations, including signalization modifications as wa~ranted by City, County, or State criteria: 20 . ,~ ~ ~. .,. \ W,'.J . . a. !'~.G.l ::~4:'; - - .:.~.".~..... t.~:3 -:~; r! =.t. a:.t,lS_~ ~-~ -: . .r...' \..- :-','6... 1rll1:':' -:-' ;1-;:'- l!:D.:~j 1't'Ui.:.t-1".i._.l Hypoluxo Road/Congress Avenue ~ I:-:, .., Northbound ' ' .. - -'" one right-turn lane two through lanes, . two left-turn lanes Eastbound ~ '~-' ... -- one right-~urn lane two through lanes two left-turn lanes b. 22nd street/congress Avenue Northbound one right-turn lane two through lanes one left-turn lane r Southbound one right-turn lane two through lanes two left-turn lanes Westbound one right-turn lane two through lanes two left-turn lanes Southbound one right/through lane one through lane one left-turn lane c. Old Boynton Road/Congress Avenue Northbound one right/through lane two through lanes two left-turn lanes Eastbound one right-turn lane one through lane two left-turn lanes Southbound one right/through lane two through lanes one left-turn lane Westbound one right/through lane one through lane one left-turn lane d. New Boynton Beach Boulevard/Congress Avenue If Northbound one right-turn lane three through lanes two left-turn lanes 21 "I \',.. ' , , .. Southbound one right-turn lane three through lanes two left-turn lanes ",' ~ilS r ~~~i..' c:. !.+'~: t. ..~ . , .' "." "':~ w 'W Eastbound Westbound . -. .~. one right-turn lane three through lanes two left~turn la~es one right-turn lane three through lanes two left-turn lanes e. New'Boynton Beach Boulevard/I-95 West Northbound Southbound Not Applicable one right-turn lane two left-turn lanes .1 "'.. ..I .... Eastbound one right-turn lane three through lanes Westbound three through lanes two left-turn lanes f. New Boynton Beach Boulevard/I-95 East Northbound one right-turn lane two left-turn lanes Southbound Not Applicable Eastbound Westbound three through lanes two left-turn lanes one right-turn lane three through lanes All configurations shall be constructed and permitted in accordance with City, County,' and State criteria. No certificates of occupancy shall be issued for the Boynton Beach Mall Substantial Deviation until the improvements under a, b, c, d, e, and f above have been completed. 22 , '. .. ,,', . .' " ':: \ ',' ",< .., ... luL' nCl; , t. ... ',' , ' . . q. : I~~'~.;~.'.'.. . Issue ,...:' xmp.a~. ~h.~ r..ul~ fro. ~h. propo.ed d.v.lop.en~ on those .eqm.n~. of ~h. reqional roadway n.~worJt ~ha~ serve the d.v.lop..n~ .u.~ ~e mi~iqa~ed in order to assure an aac.p~a])le level of ..rvic. on ~h. reqional roadways with re.pec~ ~o ~he qrovth in the area. PoliCY For any reqional roadway which is operatinq at or better than LOS C/O at the time of the review of the development and which is projected to continue to operate at or better than LOS C/O throuqh buildout of the development, a contribution from the developer shall be paid consistent with the provisions of the local impact fee ordinance and ,which reasonably reflects the traffic impacts of the development on the roadway system. Where there is no impact fee ordinance, a contribution from the developer shall be paid which reasonably reflects the traffic impacts of the development on the roadway system and which is consistent with Florida Statutes. Discussion Council policy requires that LOS C/O be maintained on reqional roadways. In cases where level of service falls below that durinq development of a project, necessary road improvements are required. In some cases, however, level of service may be at or above LOS C/O prior to development, and even with project impacts, the level of service may still remain at or above C/O. In those cases Council recognizes that the impacts from the development should still be accounted for, ,since improvements will eventually be required as more intense development occurs. In this way, funds should then be available when improvements are needed. Chapter 380, Florida Statutes, also requires that any DRI development order exaction or fee required shall be credited toward an impact fee or exaction imposed by local ordinance for the same need. Recommendation In order to mitigate the adverse transportation impacts on the reqional roadway network from the proposed development, the following condition should be incorporated into the Development Order: 1. The developer shall consistent with the applicable to the Deviation. pay a fair share contribution fair share impact fee ordinance Boynton Beach Mall Substantial 23 .'. . . "" . ,,,... '.~ 1"_vj .. .. Issue :tf the projected buildout date of 1989 is exceeded, the assumptions and data used to determine transportation impacts and racollUllendations may no longer be valid, and additional roadway and intersection improvements may be required to maintain adequate levels of service on the regional roadway network. Policy council requires that a traffic study be conducted if the buildout date will be exceeded. The study should identify the improvements and timing of those improvements necessary to maintain LOS c/O. Building permits shall not be issued after the projected buildout date unless the study has been completed and approved. Discussion The developer has indicated that the project will be completed in late 1989. No assurance has been provided that this date will not be exceeded. During its review of the Application for Development Approval and development of recommendations for transportation improvements necessary to mitigate the impact of the Boynton Beach Mall 'on the regional roadway network, Council has relied on this buildout date. An extension beyond 1989 may invalidate assumptions and data used to determine project impacts and background traffic growth. . ~ Recommendation In order to mitigate the adverse transportation impacts on the regional roadway network from the proposed development, the following condition should be incorporated into the Development Order: 1. No additional building permits shall be issued after December 31, 1989, unless a traffic study has been conducted by the developer, and submitted to and approved by Palm Beach County, the ci ty of Boynton Beach, and Treasure Coast Regional Planning Council that demonstrates that the regional roadway network can accommodate a specified amount of additional Boynton Beach Mall generated traffic amd growth in background traffic beyond 1989 and still be maintained at Level of Service C during annual average daily and Level of Service D during the peak season, peak hour conditions. The traffic study shall: 24 " ..' ,", "',' ' . .. " .~- . ~:i:)' ',', .'1 I -<j'i',:>- ' ~,I . ',. . '",' ::--,. ~:' .. J._~ -: ...,. ..~~ ~ ~::'."'- ~ ~'. ~ ~(- .;. . ~ t"":' . , '::'J~'~~';>~{'::,~\ . '.' ,..~Jt, ' '\~i" ;'.' H;,~:... ... ,":,', '<, ',: ,-a,.~". of.. " a. be conducted in 1990; and - p~~~d:ntiii. ~e i~~;~vem~~ts 'an~ ' 1. ~imi~~ ~'~f th~se j~ improvements necessary to provide Level pf Serv1ce C under annual average daily traffic condi tions and Level of Service 0 under peak hour, peak season operating conditions for _the subj ect transportation network during the projected completion, of ,the project, including project impagts.~and._growth _in background traffic. _ I , ..'1""..:.-;~ :,:"\. ~ IL. Additional building permits shall not be issued until a new project phasing program and roadway improvement program (necessary to maintain Level of Service C annual average daily and Level of Service 0 peak season, peak hour operating conditions) has been approved by Palm Beach County, the Ci ty of Boynton Beach, and Treasure Coast Regional Planning Council for the remainder of the development. 25 ", '. "", " ..., ..., Issue Prior,~to buildout (1989) of the Boynton Beach Hall Substantial Deviation, certain roadway links siqniticantly impacted by the development will operate at unacceptable levels ot service. policv The regional roadway network shall be maintained at LOS C or better during AADT conditions and at Los D or better during peak season, peak hour conditions. Discussion At buildout of the Boynton Beach Mall Substantial Deviation in 1989, Congress Avenue, Old Boynton West Road, and six related intersections (including I-95 interchange) are projected to operate at unacceptable levels of service. In order to maintain Council's objective level of service standard on these regional facilities, a transit alternative may provide the most financially manageable solution for the developer, Should the developer determine that this alternative is worthy of further consideration, the transit service to be provided would have to successfully demonstrate the following: 1. financial feasibility and availability of a secured funding source: 2. adequate levels of service are provided in terms of frequency of service, station location, and accessibility of routes: 3. adequate patronage: and 4. p~ovision of monitoring program to trace progress, Recommendation In order to mitigate the adverse impact of the proposed development on the regional roadway network, the following condition should be incorporated into the Development Order: 1. No building permits shall be issued for the Boynton Beach Mall Substantial Deviation until it has been demonstrated to the satisfaction and approval of the City of Boynton Beach and Treasure Coast Regional Planning Council in consultation with Palm Beach County Engineering Department and Metropolitan Planning Organization that the transit plan alternative outlined below will adequately mitigate the additional impacts generated by the Boynton Beach Mall Substantial Deviation in lieu of construction of some or all of the roadway and intersection improvements identified in 26 Conditions 12 and 13 (see Identification of Impacts and Recommendations) in Council's Boynton Beach Mall substantial Deviation Report and Recommendations adopted on April 21, 1989. Any portion of Conditions 12 and 13 not satisfied by the approved transit plan alternative shall remain in full force and effect. The plan shall include the following: a. A transit study that addresses the feasibility and justification that the service will be used by targeted populations including a ridership forecast and availability of equipment and manpower. b. An identified and approved transit route(s) and schedule (s) to provide service to the mall, and surrounding residential neighborhoods. c. A financial plan for implementation of transit service including a secured funding commitment (defined by an irrevocable letter of credit or bond) which will guarantee transit service to the mall until all the improvements identified in Conditions 12 and 13 have been constructed. Funding shall also be secured for the moni.toring outlined below, d. Methods to facilitate, publicize, and encourage mass transit use such as construction of bus shelters, provision of bus stop signs, distribution and public display of bus schedules and mass transit information, shopper surveys, incentives, etc. e. A quarterly monitoring report that monitors ridership levels, effectiveness of routes and schedules, and operating and maintenance costs involved. The monitoring program shall be initiated within 30 days of the opening of the additional square footage of the mall and continue until improvements identified in Conditions 12 and 13 have been completed. A determination regarding continuation of the transit service after the completion of identified road and intersection improvements shall be based upon an evaluation of t~e quarterly monitoring reports and existing levels of service on the roadways. No certificates of occupancy shall be issueC! for the Boynton Beach Mall Substantial Deviation until such time as elements of the transit plan al ternati ve are implemented and the service is on line to begin service on opening day of the additional square footage of the mall, 27 ~ ..- IN THE FLORIDA LAND AND WATER ADJUDICATORY COMMISSION IN RE: THE BOYNTON BEACH HALL, a Development of Regional Impact in Boynton Beach, Florida NOTICE OF APPEAL OF THE TREASURE COAST REGIONAL PLANNING COUNCIL The Treasure Coast Regional Planning Council by and through its undersigned Attorney hereby gives notice of and enters its appeal to the Florida Land and Water Adjudicatory Conunission ("Conunission") pursuant Section 380.07, Florida Statutes (1989) and other provisions of law, of Resolution No. 89-U.U.U. of the City of Boynton Beach, FL (a copy of which is attached hereto and made a part hereof) constituting a development order pursuant to the provisions of Chapter 380 of the Florida Statutes. The issues which constitute the grounds for this appeal are specifically set forth in the Petition of Appeal which is attached hereto and is incorporated herein by reference and has been filed simultaneously with this Notice of Appeal pursuant to Rule 42-2.002, Florida Administrative Code. This appeal involves issues within the scope of a permitting program authorized by Chapters 373 and 403, Florida Statutes, and for which a permit or conceptual review approval was obtained prior to the issuance 'of the development order as follows: Certain aspects of the issues related to the drainage system for the project and water quality, as set forth in paragraph 14 of the Petition of Appeal of the Treasure Coast Regional Planning Council which is attached hereto and incorporated herein by reference. I HEREBY CERTIFY that an original and one copy of the foregoing Notice of Appeal has been sent by Federal Express mail to the Office of Planning and Budget this 14th day of February, 1990 and by first class mail to the addressees listed on the attached Exhibit A. LAW OFFICES OF ROGER G. SABERSON, P.A. Attorney for Treasure Coast Regional Planning Council 110 East Atlantic Avenue Delray Beach, Florida 33444 (305);(:"7 -8616 , ~ ,1 By: ./\ ryl-,/7b/~ Roger G. Saberson, Esq. RECEI11ED FEB 15 19% CITY MANAGCR'S U. ':~:::E .:1 ,A TTACHMENT A RESOLU'rION NO, 89-"u"u U. DEVELOPMEN'1' ORDER Amand1nq prior D.v.lopaeD~ Ord.r Adop~ed NOVember 16, 1982 A R..olu~oD of the City CaaaissiOD of th. ;1t1 at Boynton Beach, P'loricia, JDaJd.nq tiDdUqa and cODcllU:i.ons of law Pert&iDiDq to the Boyn~on aeach Shoppinq M.~~. & D.v.lopmaD~ of ReqioD&~ tmpact. &Ad COD.t:i.tUt1nq this R..olu~oD as & Dev.lop- 1IMUl~ Order by the City of aOyD~OD B.ac.b. i.D call1Pl.iance with lAw: proviciiAq an .ff.~v. date; &Del provid.:i.Dq & termi.D.~on d.te. WJI"II!1II:AS, Appl.ic&D~ has b&cl a D.velopaen~ Order approved by th. Board of Ccu.nty Comati...:i.oners of pallll Beac.b. County (-a..o- lu~oD No. R-74-343I on May 7, 1.974 vl1i.c:b. vas &dop~eci by th. City aD November 16. 1.982: vh:i.c.b. perm:i.t~eci 1,108,000 square t..~ of qr08. l....bl. ar.a: &ad WBE1U!:AS, Boyn~OD-JCP M.Oc:i.A~.., Ltd. (-Appl.ic&D~.1 baa li~ed . D.veJ.o~'t. of lleq:i.OD&l Ialpact Appllcat:i.on tor Amended D.v.lopman~ ~rova.l v:i.tb th. City of BOyD~OD Be.c.b.. rlorida. in accordance vith Section 380.06, Plorida Sta~ute.: ADd WHEREAS. sa:i.d Appl:i.c&D~ propo... eo con8't.rUct . to~ of 1.244.449 squar. f..~ of co=-erc:i.al r.~i.~ qrOS8 l.asable space aD ehe real property vhoa. leqa~ deacript:i.oD 15 set forth 1n Exhibi.t -A- .~~ac.b.ed here~o and located iJ1 e.t1. City of aoyn~on aeach. Plorida: and WBEltEAS. the City COIIIIIli.asion .a ene qoverniDq cody at the City of Boyn~on Beach pavinq jurisdiction. purauAD~ eo Chap- ter 380. ~lorida Sta~u~es, ia authorized and empowered to con- sider Applicat10ns far Amended Development Approval far Develop- ments of Reqional Impact: and WHEREAS. tbe City Comm1saion on the 19th day of December 1989, held a duly noticed public hearinq on the Development of Req10nal Impa~ Application for Amended ,., ...." t -, ;'~ " , , ,'. ''I' /< . " , ~/ " Oevelopmen~ Approval and haa heard and considered the e.s~.mony eAken eherea~: and WBDEAS, ebe Applicant baa revised the Site ?Lan in accordance with recommen4ation. of the C1ty of 8oynton Beach and cons~s~ent with ebe intent ol ebe requirements ot ehe ~=easure Co.at Reqion&l Planning Council relative to the Pine Are. ~~ ~e northwest corner ol Ue site aa shown on Exbibit -1-, 'l'be Si1:e Plan subai~1:ed a. ~i1: -2- bereto is bere~ approved by the ~1:Y CcmaU.saioD and no furt,her 51t8 Plan revi.... or var1anc.. Ue necesaary eo conse:uc: and occupy improvem~ in accordance with ebe plan except a. nece..ary to acljuse parking rat:1.oa to impla- IUne the recOlllDend&t1on ot Ua 'l':easure eo..1: RaiJioaal Plo1.DJ1i.ng Council and Ue Cj,1:Y ot Boya.~n B..c:b. reqarcU.ng U. Pine Are.: and WHEREAS, U. Cj,ty Coma1saion has received, and con- sidered t:.be ...eSamaD'1: rapor1: and reCOllllllend&t1ons ot ehe Treasure Coast Reqi.olULl P lanni.ng Councll: and WID!:1mAS, U. Cj.ty ec-isai.on baa IUde ehe following FINDINGS OP FAC:: and CONa.OSIONS OP tAW wiU raiJard eo tbe Appli- cation tor Amended D..elop..ne Approval: PINDIlfGS OP P1.C'1' 1. The proposed Oevelopmen'1: is n01: in an Area ot Critical State Concern desiqnated pursuan~ eo the provis~ons ot Section 380,06, Florida Statu~es: 2. The S~~. ot Florida has no~ adop~ed a land developmen~ plan applicable eo the area in wn~ch the proposed Development is to be located: 3. The proposed Development is cons~stent with the report and recommendations of the Treasure Coaat Regional Plan- ning Council SUbmitted pursuant eo Section 380.06(12)(2), Flor~dA Statutes: - 2 - 4. The proposed Development is consistent ~ith the local compr.hens~ve plan. %oninq and development lava and :aqula- eion. ot the City. It the City stalf reque.ts a Comp=~nensiva Plan Amendment or re~oninq of the Pilla Are. a. aetined in CClnc1i- Cion 2 in the future. the Applicant vill comply loIi;.'1 such reque.t. S . The prea1.e. u. conect and h.erel:ly acc.pted by :he City. CONCLUSIONS OP tAw NOW. 'nIEREl'ORZ BE I'r RESOLVED BY THE CZfi CCMKISSIOH OF 'rD CI':'Y OF aonrroH BEACl. PLOlUDA. in public meetinq. duly c:on- s1:1tuted &.Dei ...e=led tJUs L9th day ot OecaUu L989. ~t ene Deve.loplllent of Req:i.oll&.l Impact Appllcation tor Amended. DevelolXDl8llt Approva.l lIui:IaU. tted. by Appllc:ant is hereby ARPROV%%). subject eo tbe followuq coDd.1tiona. restric:uons and llm:i.u. tion. : AppLication for Dev.lo~ent Approval 1. 'rhe Appllcation by Boynton-JC1' A..oc:i.ate., Ltd. lor Amended Developmen~ Approval is incorporated here1A by reter- ence and rel.1.ed upon by ene Part.:i.es in c:t:i.scharqinq ':he.1.Z S1:atu- :ory du~es under Chapter 380, Plorida Statuees. The Appl.icant i.s Boyneon-JC1' A.soc~tes. Led. and sn.ll hereatter include the successors and a.siqns of Boynton-JCP Associates, Led. Substan- tia1 compliance wieh the representations contained in the Appl.i- cation for Development Approval is a condition for approval. Por purposes of th~s conc1ieion. tbe Applicaeion for Amended Develop- ment Approval shall include ':he followLnq items: Application ~or Development Approval submitted AuquSt 18, 1988, and supplemental ~nforma~on submitted September 14, 1988 and December 12, 1988 and Boynton BeAch Mall Expansion Trans~t !mpac~ Study dated Oe:ober, 1989. - 3 - 1Wf ...., Commencemen_ and Pro~ress of Developmen~ 2. Pailure to initiate cons~ru~ion and :~ysical developmen~ with~ three year3 froa the effeceive da~~ cf the Developmen~ Order, or failure to maintain rea.onable r-==~=... toward campletion of the developmen~ after bavinq initi~~~u ==0- s~~on in a timely manner, shall con.~i.tu~e a sw:s-.:a:-.:ial devia~ion and the development shall be subaited to further review pursuan~ to Section 380.06, Plorida Sta~u~es. Con.~c:ion shall be deemed to have been ini.~ia~ed &ad physical development commenced after placement of permanent evi- dence of a s~~u:e I other than a IIOci.le bOllle) on a si. te, such as tne pouring of slabs or footings or any worJt beyond tne s~age of excavation or Land clearing. Terminati.on Da~e 3. Th13 Cevelopment Order shall tar.=inate on Cecember 31, 2010 IUlle.. extended by the C1ty CoIllllli.3si.on. Nothing berun shall ~t or ~qui3h any ve.~ed r~qh~ of the Appli.can~, its successors or ...i.qna. CONDIT!ONS OP CEVELOPMENT ORDER AS AMENDED 1. Except as specifically amended herei.n, all condi- eions specified in the Cevelopmen~ Order (Resolution No. R-74-343) and sub3equent amendmen~3 to tne Development Order for Boyn~on Beacb Mall sball remain in full force and effe~. 2. Pr~or to issuance of a Certifica~e of Occupancy for construc-.:ion of add! tional square footage pursuant to the Amended Developmen~ Order, the Appl~~ant sball confirm ~a~ ~t w~ll no~ develop ~n tnat are. -Limits of Pine Are.- shown on Exhib~e -1- ~n the nort~wes~ quadran~ of the s~~e. 3. Pr~or to commencing cons~ruc~~on ac-.:~v~ty w~th1n the parcel conta1D1Dg tne are. no~ to be developed. ldesc:ibed ~y - 4 - " . .~ -L~i.~s of oe Area- shown on Exhibit -1-), ~.. area ahal: ~e temporarily fenced or o~hervise delinea~ed to preven~ c~~~t:UC- tion equi.pment frOJD entering the area. 4. All Brazilian pepper, Australian pine, and Melaleuca On the site shall be removed prior to issu..,cs o~ a ce~ficate of occupancy for any building coostru~ed pur3uant ~o tAis Development Order. The.. spec~e. shall not b. ~.d in landacap:i.nq. 5. A landscaped buffer alonq ene wes~ boundary of the Pi.ne Area and adjacent to Javen St:re.~ shall be prov~ded in acco:UaDc. viu ue plan a~~&ched as Exhib~~ -1-. 6. A. The use of qrassy swales shall be utili-zed in tbe Dew parkiAq lo~ add.1t1olls, as shawn on ene Site Plan (Extlibit -'2 - I . B. Li~~o:al :one plan~g shall be prov~ded in accordance w1tb the parmittinq requiremeD~ and Florida Dep~- men~ of Environmental Requ~tion and South Florida Water MaDage- 11181lt Dist:ri.~. 7. Onder no ci.rcums~ce. shall post developmeD~ runoft volumes exceed predevelopmeDt runoff voluae. for a s~or= event of enree-day duration and 2S-year re~urn frequency. B. Pri.or to i.ssua.nce of a building penai.t for any addi tional square f o01:age approved by tnis Oevelopmen~ O. ~er. ':he tne appllcan~ of ehe building peJ:mit shall prepare a hazardous lII&~eri.als lIIanagement plan for the expansion enat lIIeets the approval ot ~reasure Coast Regional P1ann1ng Council and ~e C~ty ot Boyn~on Beach. The plan shall: A. R~re disclosure by ~enan~ of all hazard- ous ma~erials proposed to be s~ored, used. or genera~ed on ~he prem~ses: - 5 - -.r - B. Provide min~um s~andard_ and procedures ~or storaqe, prevention of spills, coa~~nmen~ of spill., a~c ~:.n.- fer and disposal of such ma~eriAls; C. ProVide for proper mai.nteaanca. c~.rat~on, and monitor~ng of hazardous mat erial 3 management s:3~am., including spill and containment systems; D. Ce~l actions and procadur.. eo be fallowed in case of an accidental spi~l: E. Guaran:ee !inaaci&l responsibility tor spill clean-up: and P. Require the i.n.spectj,on of pr~ses stor~ng, usinq, or genera~q hazardous ma:eri~ p:~or to commencement of operation and periodically thereaf~er, to assure ebat tne provi- sion. of tne plAn are being illlpllllllented. 9. No bW.ldinq pe:mits tor the Boynton Beach Mall Substantial Deviation shall ba i.ssued until All riqh~-of-w.y within the projeee boundaries have been dadica~ed, free and clear of all Liana and encumbrance., eo the City of Boyn~on Seach or Palm Seach Coun:y a3 nace.sary and eonsis~en~ with the Palm Beach COUD1:Y Thoroughfare Riqh~~f-vay Pro~!.~on Plan. No dedica~ons are necessary to iJIIpll111len~ the SuDs1:&J1ual DeViation. 10. No building permi~s sba~l be issued for the aoyn~on Beach M~ Expanaion unti~ an oriqin/destina:ion IO/D) survey has been conducted and suDmi tted to tne Ci ~y of aoyn~on Beach, Co'l'ran. and Treasure Coas~ RtHJional Planning COUDCJ.l. Results of the survey shall clearly aemonstrate where ~he tran51~ r~dership po~eat~al ex.s~s (oriqins) and iden~ity wn~ch roadway l~nks Ii.... I-95 in~erchaage. Boynton 8eacn Boulevard. Old 90yn~on Beach aoulevard. and Congress Avenue. etc.) w~ll ~e pos~- e~vely ~pa~ed by prov~sion of erans~t serv~ce eo ~hese areas and shall be evaluated to adjus~ designated ~=avel route(s) ~n order eo Max~mi%e r1dership. - 6 - the survey questionnaire and imp.ament&~ion ~.~h- odoloqyshall be .valua~ed by the City of Boynton Be.ch, ~o~ran, pala Beach Coun~y, ana Trea.ure Co..t Reqional Planning cQunc~l. 11. No cart:1Ucat. of Occupancy for. the Boynton aeac:b M.~l Expan.ion shall be i3.Ued until tne following ac:~~i~~e. have been compl.~ed~ A. A service contract bAS b.en approved and siqned by the C11:y of Boyn~on aeach, tb. ,.lm Be.ch cou.n1:y Bo.:d of Coun~y cammi3.ioner3 sittinq a. the Coun~y T=an.po~tion Authori~y, and the applicant whic:b provide. the level of uansi.t service, includi.Dq an appropria~. promotional commitmen~, identi- fied in Condition l2 tor the Service Period. The Service Pened shall be defined u a pe::Lod caalllUlnc:i.ng ~y days prior eo the opeDiJ2g to tA. publlc of tA. Boyn~on Beach Mal.l Expansion and continuing until of the earlier of: (i) five years, or (ii) cCllq)letion of tne idelStified road iml'roveaaenu in tne T:easure CO..t Reqional pIAnninq Council'. final a....amen~ report for tAe Boynton Beach H~ Sub.tant:Lal Deviation Condi~ion. 12 and LJ. The contr&~ sbaU a.l.so iDcluc!. . f1nancing plan far impl_ men~tion and mOAi~ori.Dg of the tran.it rout.(s) iDcluding a sec:urlld funding cOJllllli.1:men~ (defined as an irrevocable le~t.r of c:edit or bond). The financi.ng plan sball provide that the max- ~ obliga~ion of the Applican~ under the s.rvice contra~ shall be SlOO,OOO.OO per year for the Service Per:Lod: and B. A promo~ional plan ou~lining the st:a~.gies for faciliea~;i.nq, publicizi.ng, and encouraginq tne U3e of this new service shall be submitted and approved by ehe City ot 3oyn~on Beac~ ana CoTran in consultation w~eb the Treasure Coas~ Req~onal Plann~ng Counc~, Palm Beach County He~:opolitan Plan- n1ng organ~%ation. Such promOt10n plan shall no~ require ehe Appl~can~ to con~1bute mare than S5,OOO.00 per year dur~nq the Serv4ce Period to implemen~ the promo~~onal plan: and - 7 - w w ;j c. A. procedure has been estaDlished and a~proved by tbe ciey of Boynton Beach and coTran in consuleae.:n ~ith Treasure coas~ Reqional Planninq counci.l for a quarter:: :Qni- eoring report that monitor3 ridership levels, eff.ctive~e.s of route(s) and schedule(s), and operating &Dd maintenanc3 COS~3. The monieorinq program shall be initiated within 90 days after the da~e of Certifica~e of occupancy is i3sued for the additional square foo~ge of the Mall and continue for tne Service Period. 12. The 1:ransit service to be provided to tne service area for the Boyn~on Beach Mall shall include the followinq: A. The route(s) shall consi3~ of a combina~ion of the proposed Rou~e. A &Dd B identified in the Boyn~on Beach Mall Expansion Transit Impact Study, dated O~ober, 1989, or the rou~e(s) iden~fiea by the survey referenced on Condition 11, including consideration of service to Bethesda Memorial Hospital &Dd the Boyn1:on Beach C1ty Ball. The final route(s) sele~ed stlall be approved by tne C1~y of Boynton Beacb, Palm Seach cC)un~ sit'ti.Dg as the Coun~ T:ansporeation Authority, and Treasure Coas~ Regional P lam:ling Councll: and B. sufficien~ number m~nu~e headways: and The vehicle flee~ shall be compr~sed of & of coTran compatible vehi.cles eo prOVide 20 C. Bus service shall beq~n 30 calendar days pr~or to the openinq of the Boyn~on Seach Mall Expansion to the public. BE !T FURTHER RESOLVED SY THE C'l"Y COMMISSION OF ~E C'l"Y OF BOYNTON BEACH, FLORIDA, AS POLLOWS: , Any mcdifica~ons or dev~a~~ons ~rom ~he approved plans or requ1rements of tn~s Developmen~ Order shall be suc- m~tted eo ~e Planninq Director for a de~ermina~~on by :he C~ty Comm~ss~on of the City of Boyn~on Beach as to whe~her ehe cnange - 8 - cons~itutes substantial deviation as prov1ded in Section 380.061191, Florida Sta~utes. The City Commission of the c~:y of Boyn~oD Beach shall make its de~erminatioD of subs~n~i.a~ ~.ViA- tion a~ a public bearinq after Do~ce to the Applican~. 2. The C1ty of Boynton Beach shall Monitor :~e dsvel- opmen~ of the proje~ to ensure compliance with ~s Development Order. The C1ty of Boynton Beach Planning Dire~or sball l:le :be local official as.igned the responsibility for Monito:inq the developmen~ and enforcing the ta:ms of tbe Developmen~ Order. The plan,,; "q Director uy r.equi:e periodic report3 of the Appli- can~ with regard to any i.t... set for'tA in this Development Order. 3. The Appllcan~ shall s11tDUt an annual report as requized by Sec1:.ion 380.06 (18) , Plorida Sta~utes. 'rhe annual report sball be sW=i1:ted on the f.1rst anniversary elate ot the adoption ot the DevelopmeD~ Order and sball include ":.be follow- ing: A. Any ch&l1ge. iA tne plan of developmen~, or in the representations cOJn:ained iA the Applica~ion for Develcpmen~ Approval, or in the phaaing for the reportinq year and for the ne~ year: B. A summary comparison of developmen~ ac-.:ivity proposr.d and aC1:Wl.lly condu~ed for tne year: c. Undeveloped tra~s of land tha~ nave been sold, transferred, or leased to a succeS30r developer: D. Iden1:ification and intended use of the lands purchased, leased or op~ioned by tne Applican~ adJacen~ to :~e or~q1nal site since tne DevelQpmen~ Order was ~ssued: ~. An assessment of the Appl~can~'s and local governmen~'s comp11ance with the conditions ot approval contained in th~s Developmen~ Order and the cQmm~tments spec~:ied in the - 9 - IIlIIIIIt ...., " ., Appli.cati~ for D.v.lopm.nt Approval an~ ~ummarized ~~ :he R.q10nal Plann1ng Council A.......nt Report for the developm.nt under1:aJcen: P. Any reques~ tor .ub.~antial d.viation ~e~er- mina~ion tha~ was filed in th. reportinq y.ar or is an~~=i~~ted to the filed durinq the next year: c; _ An i.ndic:ation of . change, it any, in local qovernm.n~ jurisdiction for any portion of the development since ~. D.velopm.n~ Order v.. i.sued: !I. A li.~ of siqnifican~ local, Stat., and fed- eral perm:i. t3 whic:b nave been obtained or wnich are pending by aqency, type of perm1 ~, perm t number, and purpose of eacb: I. Th. aDlWal repon sh&ll b. transllli.tted to the C1ty of Boyn~on BeAch, the Tr.a.ure CQ.S~ R.gional Planning Coun- cil, the Florida Depa~en~ ot communi:y Af:a~rs, the Florida Depar:men~ of Natural Resources, and sucb addi:ional par:~es as may b. apprQpri.~e or required by law: J. A copy of any recorded notice ot the adop~~on of a Cevelopm.n~ Order or the 5ub.equen~ zodifica~on at an adapted Oevelopmen: Order tba~ was recorded by the Applican~ pur- suant to Subsec-.:ion 380.06(15), Florida Sta~u:es: and K. Any o~er informa~ion reasonably required by the Ci.ty COmm1ssion at the City of Boyn~on B.acb or the Planninq Oire~or to b. included in the &J1nlUl repon. 4. The detinit~ons found in ~~ap~.r 380, ~lorida Sta~utes shall apply to th1S Developmen~.Order. 5. The C~ty at Boyn~on Beach herecy agrees tha~ before December Jl, 2010, the Boyn~on aeach Shopp~n9 Mall Oevel- opmen~ at Req~onal Impac~ shall no~ be SUbJect to down zon~ng, unit density redueti.on, or in~ensity redu~~on, unless the c~~y - 10 - --_................_.._.._..._...-......~ ......., ""-~! ".'~... , ~ ; + demons~rate tha~ sub.tantia~ change. iL the condi~i.ons underlying the approval of the Developmen~ Order have occurred, or that the Development Order waa based aD substantially ~~.ccu- ra~e info:mation provided by the Appl1can~, or that ~he c~anqe is clsarly established by tne City o~ Boynton Beacb to be e~sential to 1:he public healU. sa~ety, or welfare. 6 . This Development Order shall be bindinq upon 'Cbe Appllcant and iu usiqn... or successors in intereat. It is UDders~oad t.b&~ any reference barein to any qovermaen'tal agency sball be cons~ed to mean any tuture ins~rumenuli ~y wbich may be crested and desiqnated &a.successor in in~ere.t to, or which 01:herv1se possesses any of tne powers and duties of any refer- enced governaen~ agency in exi.stence on the .ffe~ve date of t.h.i3 Developlllen~ Order. 7. The approval qranted by this Developmen~ O:der i.s cond;i.tional and shall no~ be construed to obv1.a~e 'Cbe duty of tns Applicant to comply wi1:h all o~her applicable local, SUte, and federal per2lli~~g requirements. 8. In the .ven~ that any portion or s.~ion of this Dev.lopmen~ Order is deemed to be invalid, illegal, or unconsti- tutional by a co~ of comp.~ent jurisdi~ion, su~ decision shall ~n no manner aff.~ the remai.ning port~ons or sec:ions of tne oriq1.nal Development Order, which shall remain ~n full force and effe~. 9. This Development Order shall become effective Lmmediately upon adop~on. 10. Cer:~=ied cop1es of th~s Developmen~ Order snall be transm~t~ed ~edia~ely by cert~fied ma1l to :ne Depar-.:men~ ot Commun~ey Atfa~rs, :ne Treasure Coa8~ Req10nal Plann~ng Counc~l, and Applic:an~. - II - ~ 19th A1:t..~ . .."" December iASSED AND ADOPTED in a public h~~ring held on ~h1s the c1a y of CQIIIIIL1.3a.i.auer ~:-/~~A~ Su e M. Kruse Oeputy City Clerk - 12 - ".1- /0 <l ,': .. - . . BOYN'f'OR BEACH KAr.t. 115.364 AOES " ~ac:c ot lud locaced. ill Sac::tion 19, Township 45 SouCh. Ran... 43 Eaac. County of 'ala Beach, rlo~1d.a ~c:l eUl:~ne~ d.escribed. .. eollow~: Beqinniaq ac.ene Soucbeast: carner at Section 19, T45 S, R43E: ~ence H 00 - 59' 39. W uon9 tne Ease. Une of ,aid Sec:.ion 1', & cUsc.ance ot lUI.10 ~eec to "& paine.: thence S 89- 00' 21- w, & cU.seane. ot 50.00 :eec to & painc on the we.te~ly rigbt-of-v&y line at COngress Avenue. said poinc also be~ng ehe p~incJ.pal paine ~d place at beginning af the eollovug cescriptibn: ~ance S 8S. 05'.21- N, a dLseaace ot 14'.7~ teet: to & paint' ~8Dce S 43- 32' 54. W, & cUstance of 57.02 teet ~o & poine.I ~ence S 00- 59. 39. E. & d1StaAC8 ot 258.%7 teet: ~o a point: Uenc. S 1'- 4'. 44.2. E. & d1st:anc. of lJ9.&0 het to & paine: thence SOD- 59' 39. E. & d13e&nce 'of 102.20 f.ec to a poJone.: theace S 44 - 4&' J4 - E. & cUac.ane. of 14.45 t.ee to & poine. on the nOl:~el:1y ~iqbc-ot___y line of SOyncon Wuc Road (fonl~ly old. aayneon Roadll thence N 89- 46' J4. w, along said nor~el:ly Une. & cU.S1:aDce of1684.2S het to & painc:. tnence H 00. 51.' 51.. W, a cUs~ance ot U2S. a, teet: to & poine.: tnenc. H 87- 5" 11- E. & cU3t:&DC. of 52.34 f.et: to & paine., CAaace 227.77 teet: &laaq & curve ~o the lele., haviaq & coadius at 14S. 00 f..c &ad & dlord at %OS. a, t..t:, bearing H 42. SI' 11- E. to a paLae.1 theace N %- 01.' 3'- w. a c:l~~nc. of %3.67 het: to & paLAt:: tlIane. lJ4.S", het: along a c:u.rve to the dqht.. baving a C'ad!wa at 24Q. 00 t..e. and a chord. ot 1J2.78 t.ce. bearin9 N U- 01' 53..5- E to & paine.: thence 134 . S 7 : Ce1: aloaq a c:tU:Ve to the lett, hav in9 & coacS! us of 320.00 :..e. and. & dlord at 129.36 het. bearing K , - O~' 16- ! c:o & poin~; Chance tI U. .54' 34 - W, a di3tanc. of 70.00 ~ece. to a paine.: thence Z94." hee.. alon9 a curve to ~e dqnt:. ha.,.in!J. & coactiua of 32S. aD e.ec And. & c:no~ci at 28"'. H !eet, bearin9 H 14- OS' 25- E to & poin~: thence 293.22 ~ace. alon9 & curve to ebe l.tt. ha.ing & radius of 420.00 !.e~ And a chord of 187.30 eeec, bearing N 10. 05' 25- !: to & paine.: tbence N 00- OS' 25- !. . diat:ance ot 145.00 t.e~ to 4 paine: .~nenc8 H 88- 05' 26- E. a dUunce of 1138.97 hec to a poiae.: thence S 00- 59' 39- t. & d1st:aDca at .72.86 ~cee. to a pOi4~: thence N 88- as' 26~. & cU3e.aaca ot 328.87 !eec to a poinc on tne wes~.rly Une of COngress Avenue, thence S 00. 59' J9-t, along SAid Westerly line, a diseance of 1JO.Ol feet "to"'a poin~;'.tbence N 46- 17'" 0"'- w', & distance of 56.11 hct: to a paine: thence S 88- OS' 2S-.N. & diseaaee at 430.00 ~eee to a pe~ne: tbence S 00. 59' 39. E. a distanc. of 509." e.ct: to a pe~nt:: thance H a8- O~, 26- E. & diatance of 430.ao !e.~ eo a peine, thence N 43- 32' ,~. E. & di~taace ot 57.a2 !..~ to a poine. an !:be Wes~.rly Une of canqress Avenue: !:benca S 00. 59' 39. ~, Alonq said W..~erly Une, a distance at 170.01 feec to & poLne.: thence H 4'- 27' 06- W. & d1scanee at 56_l1 fec~ to a peLne.: thance S 88. 0'. %,- w, a dis~nc. at 50S 00 feee. to & paine: thance S 00- 59' 39- E:. a di.~.nca ot 230:00 fee~ ~o a po~ne: ehence H sa- OS' %,- ~, & di~e.nc. at J40.00 feee to & peLne: !:benca S 00. 59' 39- E, & diseance of 1SO 00 fee~ to a peine: thence S 8S- 03' 26. w, & distance of 340:00 teee to a peint: tnence S 00. 59' 39- ~. 4 distance at 229.99 eeee. to a peLnt: thenca N 88- 03' 26- E, a distanca of 508.00 eeee. to & pei~t: thance N 43- 32'" 5"- E, A disl:.a.nclI of 57.02 eae~ too a pe.nt on c:ne We.terly. l.1ne of CQnq~... Avenue' theoclI S 00. 59' 39- E. alonq .aid Weseerly lina, & diseanc~ of 1JO. 01 !lice. eo the prinCipal poine and plAce at baginninq and containinq 107.75 acres ot land, ~ore or less. AND I I I I I I I I . ) "/0 J .J ~ - ----........................-....-.......,.,........... ~~ ~, ........ ...-:: . .~- .~._. ~......... . ( ( . .. .... .- E:ZBDI"1" -I.. IJGIIft'CII 8DCH ...::. '7 5.13 N::/Ia . , A ~ ot l.-d lytnIJ in s.c:u... ~. ~f1' 45 ~. -. 43 EMe. PIt.&. beK:b County. nmea. beiDJ ... ~c:a1..dy ~io.s .. ~aU~: c: lea ~e ~ c:.nc.c of said Sct:i... l.!, ~ M..o-g,.51...... alGnIJ the Noctb SGa~ 1/4 s.::1an lu. of said s.:ci.... a cU.sanc:. of 35..00 fee1:; ~ M..8~.21'-?:.. .. d~ of 40.01 ~ to t!Mt pcincipaJ. paine and p~ ot ~inainq of tbeo fallawinlJ de-=:i~an: "n\-Ie* H..o-51'51."".. alan9 .. lu. ~ao f..c ~ of and penUel vitti said NOn:h South 1/4 s.=ion Une. a cn.c:.c. ol Wt.23 r~ to a paiM an the Sou~ riqnt-ot~ U,. of 8a!r.~tDa c:anaJ.: ~ H.SI-os'~6~. ~lClnlJ said SClaUI riqht-ot~ line. a d1s~ of )47.'3 fMf: to . paim:; t:henca S.o-o5'~'''''.. . ~ at. 142..CU feet to .. paint:; thenc'IP 233.87 f..c .lcnq .. uc to tbe dqtlC. b81nq .. Dldlus of J3S.CO f~ and . c:bcmS ot ~.lS tftt: '--i..,. S.~'2rWJ ~ 3'72..\0 tftt:. alaneJ .. aEe to the l.~ h8lrinq . adlUII of 410.00 feet: and . cnard ot 359.4' t..e. t.eril1lf S.14e05''2&''W.: ~ S.ll.'504''34~. . dis1:ancw ot 70.00 t8eC to .. FDinc: ~ 172..2& feec. alanq .. .1ft: to the dqru:. havinq .. radlU11 of 235.00 teec ...... c:Daa:t of 1A.43 teec bead.., S.,-os'~"".; t!Mnceo Ul2.1a teec. a1Gnlt .. aa: to ~ 1.t~ n.vtnq . racUUII of 325.00 tee<<: ... .. cnacd ot 17!.a1 t..c. t..::lnq S.14eot '~J"".: ~ S.a:zeal'~'~. .. dlac:aD:8 of 23.&7 f..c tD .. paine: ~ '4.25 teec. a1cnq .. arc tD the dqbC hIlwtllWJ . radl_ at. 6O.CXJ teet: and .I c:baftS of B4.JlS teet:. t..cin9 S.4~.'%1""... t:t--=- S.'~'21"".. . d1....._ of SO.59 feet to the Paint of a.,imtnJ aD:t ~h'inrJ 5.'3 ac::ea. ot land. IDat o~ 1_. ---= ~S"~~ [ .~~ l" .\ pun1.~ nd Ly1Dlf 1. S*lU. L9. tOVllaftl, '5 S.....!l. It.....- U ~c. 'al. a.aca C4Qacy. rl.l'ic&a. lN1DlI _1'0 panJ,C\I~"'1.y ca..CZ'i!M4 .. 'OU.0V8' .. nl. aC ~ c:..e~ .C.seccl_ 1', ~e N O. 51' 51- "', al-. . ~ HenJa S...cJa 1/4 Seccl_ U... .t Jla14 s..ci.. & ell.CAMe ol 3~. aa ,..c, l:heco H .,. SI' %1- 1:. . clbu.aco .t la.aD e..e ~a Cbe Pl'1DlI:lpaJ. polaC aDII ,1... ., ~.qJ.nn1lMr ., the Cal1.w1at d..cripc!... n..... caaCUllU.alr If I" sa' U. C . cllatanao .C 10.Q1 C..C u ~ paillC, Cbence If O. 51' 51- W, al..., aU.... 40. CIa ,..c Eaae .C uu& par.u.e1 "1= ~.. Mana SeucJa 1.14 SMC1_ lJ.lle. a c&.Ucaace ., U'l.'u eMe " & poille .. eJae S..aU ri...c_C-." 1.lDe ., loyncan c:.u.a.\, Qaaao K ..- OS' :,. C. &1..., ..u SeucJa rl".c-o.c.",.., 111M. a cUJlc.u.ca ot 432." t..c CD . POUCI Ui.... S O. OS' 1'- ~. a cUacaac. ot 145.00 C..c " a peillC, c.AeeII. 193..%: hoc &1..... - an CO CD. rl4Ac. ~_ . rM1Ye .C 4ZO.QD '..C AM . cDO" aC ZI1.Ja '..e Doar1D9 S 10- as' :,- w, ~ :94.9' ,..c. .1~ _ ad CD Uae 'l.C't )aa~ . rlllUlul eC :2S.00 C..c .... . C!Iolrd .t 2M.M t..c. 1M...".... S 14- OS' 1'. '01, u..... S n.. 54' 34- t. . 4uC.... ot 70.00 C..c " . palae, ~.... ~4.S7 C..e. al.... _ an CD Qo r1qac. "--u.. . r..1Ye at 3%0.00 C_C .... a caeft 01 n'..J. t_c a..C's.n.r s. ,- OS' 26- N, a.... U4.S4 C_c. a.L-. _ ... It. eJae L.,l: u-ialI . ,...lYe fd 14<<1.00 t..c .... a c.IIDft 01 1JZ.7' C_c. IM...~ S 1.- Ql' 13. W, ~. S OZ. 01' J'- t. a cu.acaaco ot U.67 t_c CD . pa1llC, u.... 1.%'7.'" e_c. al..., _ we co Uae riqac ~1... a rMJ.Ye fd lU.OO C..c ..... a cAe" .C 20':,06 t_c. lIe.r1a9 S 4Z. sa' U- '" ~ S 1.,0 5.' 21- N, a u.caaoe oC 1%.J4 t_t ce . pe".' ~ II 0- 51' 5~ - " a cU_-=--- o~ u. aD t_c C8 CJao ...111. a( ..~..... ~c~a.a. 1.614 .... ot 1... _~ _ J..... .um If~ I'MCZf. * L":I M:US A pM'C81 0& 1.-..& lyialf 1a s..-"- 1'. ~1t 45 s.acaa. IlaDIre 4~ ~c. "ala Beada c:-qo. n0C'1da, a.~ ~ paC'C1CNluly d___UMC ~ taU_i .. __ aC ~ c-~ ~ sa1d. S~- 19, u.ac. If a- !a1' U- .... &1..., ea. Moft!l s.aQ 11'4 s.c=_ l~ .c saU Seccl_. . ca1.~ oe 35.00 l..c, ~a If .-r- 5.. n- 1:. a 41ac.aac. oe %0.00 C..c 1:11 Ue PC'1IId.1t&I. p-1IIC ... pbe. ot 1leq1Da1llq 0' Ul. !oU_taq d..c:r11t1U_. n-__ H ..,. sa. U" C . cUaca.ce ot %0.01 t..c 1:11 a po~~: ua-. tC 00. 51.' 51- W . ~ fd U'l.%S teee " . peUnc: u..nc. If IS. OS' ~. r: . ~ ot 50.01 ,-~ Co a poUle: ~_ S 00. 51.. 51- E . .u.c- u US.OO teee c. a poinc: Cb_ If .,. OS' 09" r: . ~. oC 50.aO C..c ~D . I'01IIc: CJI_ S 00- 51' 51- E a cUa~. ~ 110.00 C..c ~D . I'O&ne: ~ If I'. oa' 0." c. . .U.~. ot 10.aO C_C CD a I'Otn~:' ltJI_. S 00- 51' 51- C . cUacaac. oC 690.00 ,_c ~a a I'O&lIC: UI_. S 89. 08' a,. II & cal.acaDC_ oC 2..95 '_C Ut . paille: Ul_ S 00. 51' 51- E . .U..caDCe 01 160..J9 l_c to . po~ne: Cb_ S 17- 58' n" ." . cUacaace oC J4.96 C_c ~a a poine: 1:h_. S OZ._Ol' 3'. C . d18c_ ., UO.OO ,_c ~o . pe~nc: CJI_ca S ..,. 58' %1" " . ci1.~ oe 7%.J4 ,_c ~. . poine: ~hencw tC 00- 51' 51- ... . dlscance 01 85.ao '_e ~D ~. poine oe 11..1_'"" and _c.alaUiq 2.7" ___ fie land _ Oe' leaa. \ \ \ ,I """ ,~ f .." ." ": .-.,.- \ . ; . ~ Z t _ .__ ii, 1 f. -i it\\~ 'l! -\ i ii 6 ! . III · . .- - - -J" ..,.....,.n\ \. \ \ ~ ~ '-.:j ~'I \ \ ...... ~ ~ ~ 4:- ~ ~cC. _-u.1 'i~'i _ a:l ut ~ \0100 ~5; ",--0.. % '>- o a:l .'~ -... ...- --- -:::;...- - s.-r.1J.I'll ., -- HO~l: ~:: . 'l'~"l.." ..!~.: : L -- ':' _.: . ..~ . . . t' : ,- ~.. . _ " w ; t..~ ...~....--.. ~-~.-!-: :7.1,-: ~ .- :' .. ~. tf4 .~. ~. \a u.- n- ~ U \ \ , ~- ""'~\.O . .... "'.$, :' \.OTto( t\ II . .., 0 ~, . ,~ o! ~'I "\ -'1 ~l . . s.\ ~ '" ~ . ... ,,' - .. .. lSl -. f .. ... '/ . ~ . ~ i' r. :=" ~- OJ 6 ,.; ;~ \ \~ ;.~ '.'f1-" ~ }. ,,' - I , ., -- : ~ . ~- . 1\ . ~L ~-- - I ---- --== _-::~ ~ '. ~::ii .. .,.. . .~~.: :..-- .~'. -;;:,...... ~ :' ~;; . :;.~.. .. .:' , ..; . . ....:....... ," .~:.; .~..'~...: , , -'~~ ...., .. Ii ' I _.- - ~ ...-. .............- '--n1 tX-fY, '/~. <-, -rrr~,6i p:~~~ ~TATE OF FLORIDA ~ ~ LAND AND WATER ADJUDICATORY COMMISSION ;;z;t;/C ~C' ~ IN RE: THE BOYNTON BEACH MALL, A DEVELOPMENT OF REGIONAL IMPACT IN BOYNTON BEACH, FLORIDA ) ) ) ) Case No. APP-90-003 NOTICE OF INFORMAL CONFERENCE Notice is hereby given of the informal conference required by Chapter 42-2.008, Florida Administrative Code. The conference will be held at 1:00 p.m. on March 6, 1990 at the Treasure Coast Regional Planning Council, located at 3228 S.W. Martin Downs Boulevard, Suite 205, Palm City, Florida 33490. All parties should be prepared to discuss, at a minimum, the following: 1. the issues to be determined in the appeal; 2. whether an issue should be decided on the basis of the record made below, additional evidence, or a combination thereof; and 3. settlement of the appeal. Questions concerning the meeting should be directed to Leona F. Strickland, Florida Land and Water Adjudicatory Commission, Executive Office of the Governor, 421 Carlton Building, Tallahassee, Florida 32399-0001, (904) 488-8686. I HEREBY CERTIFY that a true and correct copy of the foregoing has been furnished by regular united States mail this .r. 23rd day of February 1990 to the parties on Page 2 ~ this J:tECEIVED notice. .. --:~l]~D M!'R 1 ] 90:'\ PLANNit'JG D~I-'r. ~~.~~I eona F. Strickland Florida Land and Water Adjudicatory Commission Executive Office of the Governor 421 Carlton Building Tallahassee, Florida 32399-0001 (904) 488-8686 - FEe 2,3 1330 -- -.'- . -..' >.:, .~. :-:...;:~~~ --- .- '- ..... , "" ., ..--.- ~~-' w """ ( . ~ERTIFICATE OF SERVICE Honorable Bob Martinez Governor The Capitol Tallahassee, Florida 32399 Michele Russell, Esq. Assistant General Counsel Governor's Legal Office The Capitol Tallahassee, Florida 32399 Honorable Doyle Conner Commissioner of Agriculture The Capitol Tallahassee, Florida 32399 Mr. Cormac Conahan Hodgson, Russ, Andrews Woods, and Goodyear 2000 Glades Road Suite 400 Boca Raton, Florida 33453 Honorable Jim Smith Secretary of State The Capitol Tallahassee, Florida 32399 Scott Miller, City Manager City of Boynton Beach 100 E. Boynton Beach Blvd. Boynton Beach, Florida 33435 Honorable Betty Castor Commissioner of Education The Capitol Tallahassee, Florida 32399 Steve Pfeiffer, Esq. General Counsel Dept. of Community Affairs 2740 Centerview Drive Tallahassee, Florida 32399 Honorable Gerald Lewis Comptroller The Capitol Tallahassee, Florida 32399 Daniel Cary Executive Director Treasure Coast Regional Planning Council 3228 S.W. Martin Downs Blvd. Palm. City, Florida 33490 Honorable Tom Gallagher Treasurer The Capitol Tallahassee, Florida 32399 Dick A. Greco The Edward DeBartolo Corp. 100 S. Ashley Drive Suite 1255 Tampa, Florida 33602 Honorable Robert Butterworth Attorney General The Capitol Tallahassee, Florida 32399