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.
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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
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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
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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:
--
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:
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.
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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
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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 -
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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.'
.
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--
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. .
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.
..
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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
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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
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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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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;
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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
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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.
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........
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
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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.
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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
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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
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..,.:..
".'-'
. ~~"-(,..' .
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
"
---'.'~ -
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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 -
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EXHIBIT -A-
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,
BOYNTON BBACII HALL
116.364 ACRBS
. I
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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
'.:". '.;., ~:/;~:~.. .
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-
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
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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
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~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 ~ ' '
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4.
The extension will provide BOYNTON-JCP with an
MAR
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1990
CITY
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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:
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02/22/1'3'30
11=20
* EOG/OPB/RM41'3 *
'304 487 0526
P.02
J;
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IN TlIE
FLORIDA LAND AND VATER. ADJUDICATOl.!
eOlIaN ~
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,I ' ; ,
t.' I I. . '\ ".' ,-" .'4 ~" ,; I .,fl
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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
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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
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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.
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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.
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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.
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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.
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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
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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
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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
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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.
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Council policy requires that 25 percent of any native
habitat present on a site prior to development be preserved.
This pOlicy is to help prevent any native species in the
Region from becoming a species of special concern (i.e., to
provide habitat even for common species). Prior to
development, the site supported 12.3 acres of pine savannah.
Thus the proposed preservation of' 5.83 acres of the pineland
to be zoned as recreational land, is consistent with council
policy. This preserved area should be managed to increase
its habitat value and ensure its viability.
When the original Development Order was issued in 1974 by
Palm Beach County, it included the condition that the
developer was to "preserve the area of pine on the subject
property." The preservation of that fraction of the
original 12.3-acre area still remaining is important to the
people living next to the, mall. Copies of letters received
by Council regarding this area can be found in Appendix A.
The local government may feel an obligation to preserve more
than the 3.41 acres the developer has proposed and should
not be constrained by Council's recommendation from
providing a greater amount of buffer and habitat
preservation if such is determined to be appropriate. This
might be done by requiring a parking garage, thus
eliminating the need to destroy the small amount of existing
habitat that remains on site.
Recommenda1;io~s
In an effort to maintain habitat for all native species in
the Region and prevent this site from acting as a source of
seed of exotic pest species, the following conditions should
be incorporated into the Development Order:
1. The developer shall preserve no less than 5.83 acres of
pineland in the northwest quadrant of the site whose
approximate location is shown in Exhibit HVW-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:
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all exotic vegetation which occurs in the preserve
areas shall have been removed;
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b.
habitat value of the preserve area shall have been
improved by control of vines and appropriate
replanting of areas currently dominated by exotic
vegetation; 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.
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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.
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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.
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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) .
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Recommendations
In order to assure acceptable levels of water 'quality at
discharge and improve recharge into the shallow aquifer, the
following conditions should be incorporated into the
Development Order:
1. The stormwater management system serving the Boynton
Beach Mall shall be modified to ensure discharge will
meet the water quality standards of Florida
Administrative Code Rule 17-3 by incorporating the
fOllowing Best Management Practices: use of grassy
swales to pretreat runoff before conveying it to the
detention ponds and weekly parking lot 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.
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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. .
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3.
Under no circumstances shall post development
volumes exceed predevelopment runoff volumes
storm event of three-day duration and 2S-year
frequency.
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HAZARDOUS MATERIALS AND WASTE
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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
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materials management plan
Tr~asure Coast Regional
cOnsistency with the Regional
and approved by the City of
shall:
to be reviewed by
Planning Council
Comprehensive Policy
Boynton Beach. The
the
for
Plan
plan
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.
If Treasure Coast Regional Planning Council determines
that the hazardous waste management plan is not
consistent with the Regional Comprehensive Policy Plan,
then the developer will be in violation of the
Development Order. No additional building permits
shall be issued until the hazardous waste management
plan is found to be consistent with the Regional Plan.
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.-;.
TRANSPORTATION
,IIIn preparinq i ~s repor~ and recoDUllenda~ions, the reqional
planninq aqency shall consider whether, and the ez1:en~ to
which: ... (d) The development will efficien~ly use or
unduly burden public transportation facilities."
section 380.06. Plorida statutes
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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
,"
~
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....:,.:.... ':..
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"
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..,
..-
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
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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
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,
. ',~,.' .; :
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,:' ,":
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, ' ,
, "
, ;>:
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.."
.
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
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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
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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
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Hypoluxo Road/Congress Avenue
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Northbound ' '
.. -
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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
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Southbound
one right-turn lane
three through lanes
two left-turn lanes
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Eastbound
Westbound
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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 "'..
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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
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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
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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
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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. _
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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
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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
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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
,.,
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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 -
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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:
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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.
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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
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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
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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
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....,
"
.,
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
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--_................_.._.._..._...-......~
.......,
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".'~... , ~ ;
+
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~.
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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
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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
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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_.
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.\ 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.....
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~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
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~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