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CORRESPONDENCE .... NOTES TO FILE/MALL SUBSTANTIAL DEVIATION Environmental Mitigation Statement/Greco 1. City to allow DeBartolo to use 2.4+ acres of Nickles Road property for environmental and habItat management. 2. DeBartolo to bring remaining pine preserve at Mall and 2.4+ acres of City land into an environmentlaly sound, manageable state. 3. DeBartolo to give to the City the Mall pine area in fee and $50,000 for future management of both the Mall pine area and the Nickles Road Property. :frb notes , BOYNTON BEACH MALL DRI APPLICATION TRANSMITTAL LIST . Uft T Gh" Ii ,I" IVY./' CA-R Y "-'mi". 'J:J; rI3hh" e HZ ~ -_, /r.:: I-~ "r- ^ t::c {-Of''> DRI Ceerdiaator F I' C;:CU J +- v....... 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 :JA-Itr.s:S ~~ Bureau of State Planning Department of Community Affairs 2740 Ce'nterview'Drive .The Rhyne Building 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. 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 !f~.Ray..."''''V1e 11~\I\l.'\.' ~ Mr. St~R Rea;"k, 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 A venue Post Office Box 310 Boynton Beach, Florida 33425-0310 (407) 734-8111 ..- . ,"'~.~... 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. 0 1 copy. Certified mail, return receipt requested. . 18 copies. Certified mail, return receipt requested. ,~ . r~~?~,~'~:.'_~:;';~ . ~ " .t{t.... ~ JI~ : I.~ .~ . ii= g.' -'" 0 ... .... ~ ~. :. ~ !~ '''; ~ '1l' . :. , ) ... .. ~. t-; I .\ t ~ : ". :. ~ !:::: mm~ iin,"; . hli~i . t I' , ~~ .! ~i ! b il . ~~ ..!!UL-.9~D -art""" " : !? 1,Ii :1 . ,~ '.-It !'~ 1 ![ I r 1 cl . 'I L I .:: I ii I g I :: I r I g' ~ I . : : . :: ,. .---. J . eoor"'ON CAlM" ----.---.---.-.-- .-.---,-'-' .f , ......: ~ JIo ~ - , OJ o -< Z -0-1 z~~ rnto::I: >rn~ JJ)>-t m()- >:r: ~ F {}-. a r D o I.OT HAiCl I .. ell ~ KITE:LY HARl.OW IVANHOE -ij I I q? iJ' II I '~f0 II . I ~ .J1.-- ,.. i lIP i .. ---- - - - - ! I iJ i 1=-__- ! · .J ---- -- - -...--'--- .--- -- -----=-- \ . .i rr~ ------ ~f;,~)T' ) "71 j! /,p I: .-f~, STATE OF FLORIDA r DEPARTMENT OF COMMUNITY AFFAIRS 2740 CENTERVIEW DRIVE. TALLAHASSEE, FLORIDA 32399 BOB MARTINEZ GOI'efIlOI' THOMAS G. PELHAM Secrmry October 23, 1990 Mr. Cormac C. Conahan Hodgson, Russ, Andrews, Woods and Goodyear 2000 Glades Road, suite 400 Boca Raton, Florida 33431 Dear Mr. Conahan: This letter is in response to your letter of september 6, 1990 regarding the proposed Knuth Road and Boynton Beach Boulevard Planned Commercial Development amendments to the Boynton Beach Comprehensive Plan. The plan amendments change the land use designations for these parcels of land from "Agricultural Residential" to "Planned Commercial Development". The proposed plan amendments were submitted to the Department on July 10, 1990, after the City of Boynton Beach received local input through required citizen participation procedures. Staff is currently reviewing the proposed plan amendments in accordance with the requirements of Chapter 163, Florida statutes, and Chapters 9J-5 and 9J-11, Florida Administrative Code. In addition, the proposed plan amendments have been sent to nine other state and regional agencies for their review. As a part of this review, the Department will determine if the data and analysis presented with the proposed plan amendments support the commercial land use classification. The review will also determine if the proposed plan amendment is consistent with the data, analysis, objectives and policies with all elements of the adopted plan. If the data and analysis do not support the proposed land use classification, or if the proposed amendments are not consistent with the objectives and policies, the Department will cite this as an objection. The Department will send its Objections, Recommendations 'and Comments Report, which includes comments received from the oth~~~~d regional agencies, to the city of Boynton Beach ~~~990. The City of Boynton Beach should then consider these objecti~<:Ji["~ , QII 2$ 1930 PLANN.N<1 O~~l. 01111 - EMERGENCY MANAGEMENT. HOUSING AND COMMUNITY DEVELOPMENT,. RESOURCE PLANNING AND MANAGEMENT -pLANNING DEPT. t' Mr. Cormac Conahan October 23, 1990 Page Two recommendations and comments and amend the proposed plan amendments. Upon receipt of the Department's objections, Recommendations and Comments Report, the City of Boynton Beach will have 60 days to officially adopt the plan amendments or adopt the plan amendments with changes. After adoption, the City of Boynton Beach will submit the adopted plan amendments to the Department for review and the Department will then issue a Notice of Intent to find the plan amendments either in compliance or not in compliance. As you can see there are a number of steps yet to go in the plan amendment adoption process. Thank you for your interest in this matter. Your letter has been forwarded to the team that will be reviewing the proposed plan amendments. If you would like a copy of the report on the proposed plan amendments when it is completed, please contact Robert Arredondo at (904) 487-4545. If you have any additional comments or concerns on the proposed plan amendments, please contact Maria Abadal, Plan Review Administrator, or Paul F. Noll, Team Leader, at the same phone number. Sincerely, /U&I t~d Robert Pennock, Chief Bureau of Local Planning RP/tm cc: James J. Golden, Senior City Planner, Boynton Beach Planning Department ftl/17/90 11:42 .""'.....13 286 6587 GREINER TAMPA I4i 00 1 ,(T', GREINER. INC. 7650 WEST COURTNEY CAMPBELL CAUSEWAY POST OFFICE BOX 31646 (33631-3416) TAMPA, FLORIDA 33607-1462 PHONE (813) 286-1711 FIFTH FLOOR TELF.COPIER (813) 286-6587 SEVENTH FLOOR TELECOP1ER (813) 287-8591 TELECOPIER TRANSMIl'T AL COVE'R SHEET _.,"..' ,,- ,,-_._."----_.....,----_....--..............__.--_.._-~...,,-~._......_- ~--.__.....-.- ._---_.._--_.."---_..."_..._._---,,....__.__._-~...__..._-" _._,..~_..~_.._.._-, Dat.~: Ii i1.d'" ~..._._-----._...-.M._......- Tlme:_-------i~ g~ tf.__f_ PJta,,~ f)€"lh'er the Following Pages to: Name: ________:1JJJt. ~ im ~ --fif+4 ~.~. Company: T ti '; ((\ piN N u m ber:___-LJ.fJ2JJ-l~.t.[. :;1/'9 'l_____,.____...-- .--~.--,-- This Telecopy is Being Sent By: ~ lt1ar~o .. ___F~x tel1sion:_5-?Q 7~ Numbr.'r of f'ltge,~ _... $" (indudil1g this cover sheet) If .,VI! do pot rH,~hf:' all pages dead}, please call back as soon as possible. ('('ni!ll..,otS: ~.~_c~~- .__ 01" -17/90 11:45 .... -J 13 286 6587 GREINER TAMPA 4lJ 005 Greiner Mr, Dan Cary, Executive Director C1519.00 January 15,1990 page 4 worded will allo',>" pntrons to become aware or the scrvi,~c 30 days jf) 3d\'3nce of 3.ny nnv tran~portati(Hl impacts, In summary, after a thorough review with the Applic:1Dt. we: agree th.at many of the points r;]jscd 1n the st.1ITs December 19, 1989, letter can aDd should be addressed with <1 further amendment to the Development order for Boynton Beach rvlall We ~llso agree I() abide by many of the st<lff's requests with reg,ad to the design and implementatlon of transit service to serve the City of Boynron Beach. I believe our rnain difference with stafr at this point is that we feel that a defined Service Period is appropri3.te, The Applicant's subst3ntial commitment over and \j\)Ovc the identified proportiOnnte share will allow COTRAN to qualify [or matching grants and to nnplemc.nt the service which would o;]-;er",ise be unavailable, After the progr:lm has been implemented and monitored jor the Servic.e Period. <l determination can b(~ rcached regarding whether or not to continue the program. Over the 5 year S:'fvicc Period, v..'hich the Applicant i$ prepared to commit to, the expansion would contr.ibutc over $790,000 in direct tax benefits to the City of Boynton BcO,ch and over $ J 2,000,000 in additiGn~d s3ies tax revenues. .A portion of these additional rc\'cnues \vi1J be returned to the City and County and could be used to continue tramit service in this area. Finally, Dnn, both Greiner and The Edward ], DeBartolo Corporation support the Region's goal of implementing transit service and think that this project offerS a good opportunity to begiIi a program tho:lt can be expanded upon with other projects and in other areas of the region, The Applicant h~s gone the extra mile on this project to do things such as changing the parking ratios and their existing operating agreements in order to preserve the pine area and have agreed to a transit funding commitment far in excess of the idelltified proportionate share. We will do all that we can [rom a technical stilndpoint to assist in implementing this alternative, Sincerely, GREINER, INC. ~,f~ V Thoma~ic3no _A_ssoci~!c y'ice Preside;nt T AM:slw Enclosu re xc: David H. Curl Dick Greco Jerry Wil!iams Mac Conahan Tim Cannon Teresa Cantrell David Mechanik 01 't7/fl(l 11:44 '6... ,",13 286 6587 GREINER TAMPA @004 Greiner ML Dan Cary, Executive Director C 15 I 9.00 Janll:"\ry 15, 1990 P;u;r':L__.._._".~_ I), In cor:sidc.ring the change "cumulativeIY::ls it relatcs to the entire dC'/elapment', we would suggest that the Region consider the folle,wing: a. In the discussion of trtlnsportation issucs in the April 20, 19S7. Regional Comprehensiq~ POlicy Plan, the Region ncknowlcdgc5: the ncecl t(> in'lplement effective public transit service as part of an overall intcgnllcd transportation system. The proposed plan directly responds to the Transit gC-:lls and policies outlined in the RCPP, That is, it provides transit service in an arCU of Palm Beaeh County that is currelitly not served. In addition to serving a~ mitigation for the mall's additional traff'ic impJct, it provid(;s the other bcn('fits of transit service such as mObility to non-auto Owners Or the cldClly and v. ill provide accc~s to these groups to other 2.:'cas of ,he City of Ec.Ylltor. Beach in addition to the malL It will ;::1$0 provide the City Jnd the Region rhe opportunity to gather inform:.nioT) On transit U$:1gc and the effectiveness of transit implemcnt~tion strategies, t. A 5 year implementation Or "Service Period", we believe, is appropria Ie in that it exceeds the timcframe for implemc.nration of all of the required roadway improvements with the exception of the 1-95 interchange improvement at Boynton Beach Blvd, Improvements to Military Trail and Old Boynton Road called for in the Region's report arc included in Palm Beach County's current 5 ycnr transportation improvement program Toe ~ix- laning of Congress Avenue is a committed improvement vnder an c.xisting Palm Beach County Development Order which requires funding of the improvement by June of 1990, Y. The Applicant would agree to ejjmin~te reference to a maximum funding amount in the Development Order. It is clear that at some point, the cost oC implementation may become prohibitive and that it may prevent the project from going forward if that occurs. However, the Applicant would agree to defer the decision on this mutter to completion of the 0 and D studies and negotiation of a service contract with the responsible agencies and departments of Palm Beach COllnty. CandltjQlL1JlID--.E.;tg,W: See above comments. CQllditioJl....lJ(CuaQC 8: The Applicant would agree to amend ~hc D::velopm:::r:r Order to include staff's propose.d ianguage on this condition. Condition 12(A) ,; The Applicant wouid agree to an amendment to inc.Jude staff's 511ggcsted lang~!::!g~ for this condition. ,(.&11.Q.1tlQn..jZ(Ct__,: The. language in the approved Development Order flmendn:lcnt was intended to provide that the service begin 30 day~ prior to the. public opening of the project. We believe this is a more appropriate Iimeframc than the Certjric~Hc of Occupancy date, since it is nor uncc:nrnon fot a dcp.Htment Store to receive a Certificate of Occupancy several months in advance of actual opening to the public. It is during this period of time that the store is stocked, personnel arc trained, and procedures and operating pOlicies are worked out We believe [hut the condition as 01 '17/90 11' 43 '",,".]:3 286 6587 GREINER TAMPA fitJ003 Greiner Mr. Dan Cary, Executive Director ('1519,00 J30U3fY 15, 1990 E~~~__2.~______~ I. The plan, 35 outlined in this condition, is subjecl to the i:lpproval of the TrC;)~\Jrc Coast Regional Planning Council. 2. We ,15sumc tha t c3ch of the requirements outlined in Cond ition 8eA-F), if drafted properly and approved by TCRPC, will result in consIstency with the Rc-,gional Comprchensi \ie Policy P13n. In summary, we believe that the last sentence In this condition is re(lur}fjant and m:J)' Crcate confusion in the future. Con.c;Jj.~ill-11- ] 0, p~: request an amendment drn ft language, Upon further rcvitw with the ApplieD-Dr, they have agreed to of this Development Order cond1tion to include the Region's rj)ndi.ti9D 1 J.LbJ...Y..i!SLl: We understand the staff's concern regarding approval of a service contract for the tr('lnsit service pril,r lO issuance of building pe.rmits The Applic3nt would agree to amend the Development Order to include this requirerncnt. With regard to the definition of "Service Period" in C:ondition I )(A), we would request that the Council-;onsidcT the following points in CSt:lbJishing whethe.r or not the 5 year limit<!tion On the "Service Period" if app,opriate l. The propc.sed change does not result in a lSO!(, increase in external peak hour traffic as set forth in Chapter 380.06(191(b)15\ Florida Statute;,. Transportation impacts of the proposed change do not excCc':!j th,;: Y-Yll criteria for regional significance established by Treasure Coast Regional Planning Council pOlicy. 3. The transportation impacts of the change do not meet the criteria for regional stgnificance in DCA Rule 9J-2.0225. J The cumulative IOral for daily and peak hour trips fOr the entire development flcluding the proposed change do not exceed the total number of daily and external peak hOll! trips projected l'u 1985 in the original ADA for Boynton BC<lch M"dl. 5. The Applicant h<1S entered into agreements with Palm Beach County to mll1gate the imp~ict of the entire 1,J08,000 square foot project origin21ly approved. In the 1988 amendments to Chapter 380.06(J9)(t), the reviseL'1 language clearly s~a.tes that a change "which, either individual!y Or cumulatIve.Iy with other changes, cAcc<;ds" the stated critcri3 shall constitute a Substantial Deviation. Since tnere have oeen no other changes and, in our opinion, all of the original impa(:t~ of the project have been mitigated, the proposed change should be considered a nonsignificant tr311SportatlOn ~S5UI"" Th~ impact of thi5 change should, hO'-\l"ver, be considered cumulatively along with any cn3nges which may be prOj::l("l~cd in the future, 01/17/90 11 ~42 '"",...13 286 6587 GREINER TMIPA f4J 002 Greiner Greiner. Inc, P.O, Box 31f.,46 (33631.3416; 7650 West COUri'1€'Y CbrYopbeli C"U~e,,\'~\' Tampa. Floflde 33607.1462 i8131286.1711 r-AX~ (813) 287-8591 CJ5i900 January 15, J990 ~.lr, Dan (',ny, :Executive Director T.r.3~Urt (~oast R~gjcnal PlnnJ~ing C0uncil :;,228 Southwest martin Downs Blvd.. Suite 205 Post orricc Box 1529 Palm City. FL 34990 Rcfcrcnc.c Boynton Beach Mall Develupment of Regional lmpfHt - Propo~;cd Development Order Am!<'ndmeni Dc;} r Mr. Can: We have reviewed -r(:rcs3 Cantrell's ktt<::r of December 19, 1989, rq;ardi.nf the ;1bo\e tc'pic with th;; ApplIcant. Edward ), Ddlartol., Corporati.o:~ and h2,vt p~";:';;i.r,d the followlng comments regarding the outstanding issues in this matter. Our (Ommc.nl( ;j rC numbered to correspond to the commcnts listed in the Rt.gion's D('ccmbcr J 9 1989 ktter. Ar. additional copy or the December 19th letter is inChldcd fCi rEftrr";;, :;::g,niJj..liO!Ll~_-1'3ge 4: The Applicant clOts not disagree with the 5;cdT:: intent to preserve the pine area in perpetuity. TIle condition <'IS written wa:; tiea to Ctr'.ific<it(' (, fOe C 11 pan c y i nor d e r to a 11 0 w s u [ fJ c i e n t t i met 0 C () m p Je t e ,; u r \ e y.S a r; d I qp. j descriptions of the ~lirnits of pine fire::.." without int(:rfni!lg v,'ilb or delayif1g construction <1ctiviti~s. We would requcst that the Rcgwn C(H\S (~(r J:cving th~ Ccrnficate of (lce-up.lOey timcframc in place in this condition, The Applicanevvoulj agree to otherwise amend the condition to include the Rcgl(lI!"S bnguag:: rcgard:ng "prcscfv:Hion ir, perpetuity" and the last sentence regarding Sub~'"3ntjal Dcviatic'Tl, CQ_D~.1itiQ1L6!.BLP3~_: Prior to rcaching a final decision en this condition, 'y,'(~ V\()', '- reqtJcst tb.3f, the F..egion consider the fo11o-t.../ing: L The revised ~;itc plan for the r;xpanSiGIl has betn modified to elirn;n~t(' the m:;.jcrrity or the addltional impervjOt1$ surface proJposed Tk '~l!rl!::nt phn \\.'ill add 3pproxi~13tcly 2 acre:'; of irnper''l''ious :~11'e3 to the parking l()t but ,,,:,,iji change tl-,~ ch:.u;.1cter of over) aCre,; of the ';Y151lilf, lot from p:ld':;;;g smC.1C'~ to roof surface. Yhi~ has been accomplished by re.d,v:ing the parking rat;" v,'ith the concurrence of the Applicant and the City or Boynton Beach, Th;; Applicant has agreed to apply for a variance for the lower park;ng ratio " \~cgct2tcd littoral 2011~S will be provided for 2.U ~t~1 ro~!j,...~'ZV and p2.r}~:l'r;.g areas inst[;j,llcd as a result of the man cApansion. (_Q.r.L9Jlih-'JLf,-,-__lJ~i~ 3~i~: In this condition, we have included virtuaJjy all of Th~ fU:gicn's recommendations with the exception of the last sentence, We would re.quest th~\ t~,c Region's sraCf reconsid':.:r thr;ir position on this i!;;$i1c far the [oJ](,wi,,~ r:::a~,ons ..' Greiner Greiner, Inc. P.O. Box 31646 \~ 3631 -3416) 7650 West Courtney Campbell Causeway Tampa, Florida 33607-1462 (813) 286-1711 FAX: (813) 287-8591 ... /.4 _. ~ ,---.... .., C1519.00 January 15, 1990 Mr. Dan Cary, Executive Director Treasure Coast Regional Planning Council 3228 Southwest martin Downs Blvd., Suite 205 Post Office Box 1529 Palm City, FL 34990 Reference: Boynton Beach Mall Del'elopment of Regional Impact - Proposed Development Order Amendment Dear Mr. Cary: We have reviewed Teresa Cantrell's letter of December 19, 1989, regarding the above topic with the Applicant, Edward J. DeBartolo Corporation and have prepared the following comments regarding the outstanding issues in this matter. Our comments are numbered to correspond to the comments listed in the Region's December 19, 1989, letter. An additional copy of the December 19th letter is included for reference. Condition 2, Page 4: The Applicant does not disagree with the staff's intent to preserve the pine area in perpetuity. The condition as written was tied to Certificate of Occupancy in order to allow sufficient time to complete surveys and legal descriptions of the "limits of pine area" without interfering with or delaying construction activities. We would request that the Region consider leaving the Certificate of Occupancy timeframe in place in this condition. The Applicant would agree to otherwise amend the condition to include the Region's language regarding "preservation in perpetuity" and the last sentence regarding Substantial Deviation. Condition 6(B). Page 5: Prior to reaching a final decision on this condition, we would request that the Region consider the following: 1. The revised site plan for the expansion has been modified to eliminate the majority of the additional impervious surface proposed. The current plan will add approximately 2 acres of impervious area to the parking lot but will change the character of over 3 acres of the existing lot from parking surface to roof surface. This has been accomplished by reducing the parking ratio with the concurrence of the Applicant and the City of Boynton Beach. The Applicant has agreed to apply for a variance for the lower parking ratio. 2. 'Vegetated littoral zones will be provided for all new roadway and parking areas installed as a result of the mall expansion. Condition 8, Page 5-6: In this condition, we have included virtually all of the Region's recommendations with the exception of the last sentence. We would request that the Region's staff reconsider their position on this issue for the following reasons: REeL... ) ~ =." ...J JAM 19 1990 fLAN~i NG Of-pro .";~' ,,,~;~,, ..- ---._- . .,.......... ~. Greiner Mr. Dan Cary, Executive Director C15l9.00 January 15, 1990 Page 2 1. The plan, as outlined in this condition, is subject to the approval of the Treasure Coast Regional Planning Council. 2. We assume that each of the requirements outlined in Condition 8(A-F), if drafted properly and approved by TCRPC, will result in consistency with the Regional Comprehensive Policy Plan. In summary, we believe that the last sentence in this condition is redundant and may create confusion in the future. Condition 10. Page 6: Upon further review with the Applicant, they have agreed to request an amendment of this Development Order condition to include the Region's draft language. Condition I HAt Page 7: We understand the staff's concern regarding approval of a service contract for the transit service prior to issuance of building permits. The Applicant would agree to amend the Development Order to include this requirement. With regard to the definition of "Service Period" in Condition II(A), we would request that the Council consider the following points in establishing whether or not the 5 year limitation on the "Service Period" is appropriate. 1. The proposed change does not result in a 15% increase in external peak hour traffic as set forth in Chapter 380.06(l9)(b) 15, Florida Statutes. 2. Transportation impacts of the proposed change do not exceed the 5% criteria for regional significance established by Treasure Coast Regional Planning Council policy. 3. The 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 number of daily and external peak hour trips projected for 1985 in the original ADA for Boynton Beach Mall. 5. The Applicant has entered into agreements with Palm Beach County to mItIgate the impact of the entire 1,108,000 square foot project originally approved, In the 1988 amendments' to Chapter 380.06(19)(b), the revised language clearly states that a change "which, either individually or cumulatively with other changes, exceeds" the stated criteria shall constitute a Substantial Deviation. Since there have been no other changes and, in our opinion, all of the original impacts of the project have been mitigated, the proposed change should be considered a nonsignificant transportation issue. The impact of this change should, however, be considered cumulatively along with any changes which may be proposed in the future. Greiner Mr. Dan Cary\ Executive Director C1519.00 January 15, 1990 Page 3 6. In considering the change "cumulatively as it relates to the entire development", we would suggest that the Region consider the following: a. In the discussion of transportation issues in the April 20, 1987, Regional Comprehensive Policy Plan, the Region acknowledges the need to implement effective public transit service as part of an overall integrated transportation system. The proposed plan directly responds to the transit goals and policies outlined in the RCPP. That is, it provides transit service in an area of Palm Beach County that is currently not served. In addition to serving as mitigation for the mall's additional traffic impact, it provides the other benefits of transit service such as mobility to non-auto owners or the elderly and will provide access to these groups to other areas of the City of Boynton Beach in addition to the mall. It will also provide the City and the Region the opportunity to gather information on transit usage and the effectiveness of transit implementation strategies. b. A 5 year implementation or "Service Period", we believe, is appropriate in that it exceeds the timeframe for implementation of all of the required road wa y im provemen ts wi th the exception of the 1-95 interchange improvement at Boynton Beach Blvd. Improvements to Military Trail and Old Boynton Road called for in the Region's report are included in Palm Beach County's current 5 year transportation improvement program, The six- laning of Congress A venue is a committed improvement under an existing Palm Beach County Development Order which requires funding of the improvement by June of 1990. c. The Applicant would agree to eliminate reference to a maximum funding amount in the Development Order, It is clear that at some point, the cost of implementation may become prohibitive and that it may prevent the project from going forward if that occurs. However, the Applicant would agree to defer the decision on this matter to completion of the 0 and D studies and negotiation of a service contract with the responsible agencies and departments of Palm Beach County. Condition Il(Bt Page 7: See above comments. Condition I HC). Page 8: The Applicant would agree to amend the Development Order to include staff's proposed language on this condition. Condition 12(A) : The Applicant would agree to an amendment to include staff's suggested language for this condition. Condition 12(C) : The language III the approved Development Order amendment was intended to provide that the service begin 30 days prior to the public opening of the project. We believe this is a more appropriate timeframe than the Certificate of Occupancy date, since it is not uncommon for a department store to receive a Certificate of Occupancy several months in advance of actual opening to the public. It is during this period of time that the store is stocked, personnel are trained, and procedures and operating policies are worked out. We believe that the condition as Greiner Mr. Dan Cary, Executive Director C1519.00 January 15, 1990 Page 4 worded will allow patrons to become aware of the service 30 days in advance of any new transporta tion impacts. In summary, after a thorough review with the Applicant, we agree that many of the points raised in the staff's December 19, 1989, letter can and should be addressed with a further amendment to the Development order for Boynton Beach Mall. We also agree to abide by many of the staff's requests with regard to the design and implementation of transit service to serve the City of Boynton Beach. I believe our main difference with staff at this point is that we feel that a defined Service Period is appropriate. The Applicant's substantial commitment over and above the identified proportionate share will allow COTRAN to qualify for matching grants and to implement the service which would otherwise be unavailable. After the program has been implemented and monitored for the Service Period, a determination can be reached regarding whether or not to continue the program. Over the 5 year Service Period, which the Applicant is prepared to commit to, the expansion would contribute over $790,000 in direct tax benefits to the City of Boynton Beach and over $12,000,000 in additional sales tax revenues. A portion of these additional revenues will be returned to the City and County and could be used to continue transit service in this area. Finally, Dan, both Greiner and The Edward J. DeBartolo Corporation support the Region's goal of implementing transit service and think that this project offers a good opportunity to begin a program that can be expanded upon with other projects and in other areas of the region. The Applicant has gone the extra mile on this project to do things such as changing the parking ratios and their existing operating agreements in order to preserve the pine area and have agreed to a transit funding commitment far in excess of the identified proportionate share. We will do all that we can from a technical standpoint to assist in implementing this alternative. Sincerely, GREINER, INC. ~~ Thomas A. Marsicano Associate Vice President T AM:slw Enclosure xc: David H. Curl Dick Greco Jerry Williams Mac Conahan Tim Cannon Teresa Cantrell David Mechanik OO~@~DW~[]J .-1;- ...., .'l. ,. i~ "'1... ~. i~ December 19, 1989 DEe 26198:1 Mr. Tim Cannon Interim Planning Director City of Boynton Beach Post Office Box 310 Boynton Beach, FL 33425-0310 GREINER, fNC~ TAMPA Subject: Boynton Beach Mall Development of Regional Impact Substantial Deviation-Proposed Amended Development Order Dear Mr. Cannon: ,. ;'4. ~. ;;~ ,~. :~~ , , ~i~ . . -.' r: A; - -~. . -->- Staff has reviewed the proposed amended Development Order (DO) for the Boynton Beach Mall Development of Regional Impact (DRI) Substantial Deviation received December 15, 1989. Preliminary review of the DO indicates several significant differences between the transit-related conditions reco~~ended by Council staff to the City on November 27, 1989 and the conditions in the proposed amended DO. The transit conditions contained in the amended DO do not satisfy Council's intent of maintaining acceptable levels of service on the regional roadway network and are not consistent with the recommended conditions developed by Council staff. Further, changes to the environmentally- related conditions are also of concern to Council staff. Condition 2, Paqe 4 . -, Condition 2 as written does not meet the intent of staff's recommended condition or the original DO Condition 9, in that the "Limits of Pine Area" referenced by Exhibit "1" does not provide assurance that the pine area will be preserved in perpetui ty. Addi tionally , such a commitment should be made prior to the issuance of building permits for subject development, not after the development has been constructed. A better method for addressing this issue is to restrict development until preservation of the pine area as shown on Exhibit "1" has been secured in perpetuity and require that future development' proposals submitted for the preserve area be subj ect to Substantial Deviation review pursuant to Chapter 380.06(19), Florida statutes. " . ..7....i.~; ... ~.;:;:~}t..~.. ~.;'. -,../ 3228 s.w. martin downs blvd. suit. 205 . p.o. box 1529 palm city, 110rlda 34990 phone (4071". _ ...l221~ Mr. Tim Cannon December 19, 1989 Page Two Condition 6(B). paqe 5 The intent of Council's recommended DO Condi tion 8 (Drainage) is to address existing exceedences of water quality standards noted in the developer's Application for Development Approval. Establishment of vegetated littoral zones around existing detention ponds consistent with Condition 8 will provide better treatment of stormwater runoff. It is important that, prior to construction and planting of littoral zones, design and management plans are prepared consistent with Council's Regional Comprehensive Policy Plan (RCPP) to assure their proper establishment. Proposed Condition 6 (B) does not address Council's intent because it does not require provisiun of vegetated littoral zones around existing detention ponds. The permitting requirements of the Florida Department of Environmental Regulation and South Florida Water Management District do not address retrofitting of existing systems. In order to be consistent with Council's RCPP and its report and recommendations, Condition 6(B) as proposed, should be deleted and replaced with Council's recommended Condition 8. Condition 8. Paqe 5-6 While proposed Condition 8 includes appropriate provisions for the hazardous waste management plan, it does not require consistency with the RCPP. The RCPP has adopted specific guidelines for the handling and disposal of hazardous wastes. Improper management of hazardous materials associated with the addition of an automotive center and garden shop could adversely affect surface water and groundwater resources and public health. Because of the vulnerability of Florida's groundwater and surface water systems, it is imperative that hazardous waste generators and hazardous material. users be identified and that proper storage and disposal methods be cons istent with the RCPP. To be consistent with Council's recommended Condition 10, Condition 8 must be modified to ,require consistency with the RCPP. Condition 10. Paqe 6 Condition 10 is not consistent with the intent of the origin and destination survey as described in staff's November 27, 1989 letter and as recommended DO Condition 16. While the proposed condition does provide for route adjustment in Mr. 'Tim Cannon December 19, 1989 Page Three order to maximize ridership , it does not require approval from any of the key review agencies. Council staff, when drafting this condition, made provisions for the review and approval of the designated routes by the agencies responsible for transportation planning and implementation in Palm Beach County, (i~e., CoTran, Palm Beach County Engineering, the City of Boynton Beach, and the Treasure Coast Regional Planning Council'). Since this is the first time this kind of transit alternative has been considered as a way to accomplish regional and local transportation objectives, it is essential that the agencies responsible for transportation-related activities be involved in the review and approval process. The Regional Planning Council's intent of requiring approval of all these agencies is .to provide a check and balance system in the process to insure that the survey effort is effective in collecting the kinds of information necessary to provide the most efficient transit routes. Support from these agencies can only strengthen the potential success of this effort. wi thout this kind of accountability built into the review process, Condition 10 is not acceptable. To be consistent with the intent of staff's recommended Condi tion 16, as outlined in our letter of November 27, 1989, the origin/destination survey results must not only be subject to appropriate agency evaluation, but also approval by the following agencies for the reasons listed above: City of Boynton Beach, CoTran, and the Treasure Coast Regional Planning Council in consultation with Palm Beach County Engineering Department, the' Florida Department of Transportation, and the Palm Beach County Metropolitan Planning Organization (MPO). The survey questionnaire and selected must also be subj ect review agencies. Again, accountability is a concern. implementation methodology to approval by the above the potential lack of For Condition 10 to be consistent with staff's recommended Condition 16, a provision must be added which requires that the survey questionnaire .and implementation methodology selected be approved by the City of Boynton Beach, CoTran, Palm Beach County (Engineering Department and MPO), and Treasure Coast Regional Planning Council. Condition 10 as proposed does. not provide the necessary level of accountability to be consistent with staff's recommended Condition 16. Mr. Tim Cannon December 19, 1989 Page Four Condition 11(A), Paqe 7 Similar to Council's standard requirement that construction contracts be let prior to issuance of building permits, it is imperative to require the approval and signing of the service contract prior to the issuance of building permits. Requiring that this service contract be approved and signed under this requirement provides the necessary assurance that transit service will be ready to be provided when Certificates of Occupancy (CO) for the Mall expansion are issued. As proposed in the DO, Condition 11, is neither consistent with existing Council policy nor with Council staff intent when drafting recommended Condition 17. By delaying the signing of the service contract until issuance of COs, adequate assurance is not provided that the level of transit service as outlined in the DO can and will be provided when needed. Additionally, since this transit alternative solution is a first attempt to provide alternative means of travel other than the automobile, every care must be taken to insure the successful implementation of this service. Therefore, it is not acceptable to delay the approval and signing of the service contract until such a late time as issuance of certificates of occupancy. The definition of the "Service Period" has been inappropriately redefined. Council's intent in both the Boynton Beach Assessment Report' and subsequent letter dated November 27, 1989, indicated that transit service must be provided for a minimum of five years and a maximum period covering the completion of the identified road improvements in Council's Assessment Report for the Boynton Beach Mall Substantial Dev.iation. Proposed Condition 11(A) should be modified to be consistent with Council staff intent. Additionally, the commencement of the service date should not be identified as 30 days prior to the public opening of the Boynton Beach Mall expansion but rather, consistent with Council staff Condition 18(c), as 30 calendar days prior to the issuance of the CO. Council has not in the past assigned specific financial responsibility to any developer or agency, but rather has always identified those improvements which need to be constructed given a certain level of development. The financial plan is the most appropriate piace for detailing how service will be funded. Staff believes it is inappropriate to assign specified financial obligations in the DO before the actual route(s) have been identified and approved. It would be more appropriate to indicate that Mr. Tim Cannon December 19, 1989 Page Five how service will be funded. Staff believes it is inappropriate to assign specified financial obligations in the DO before the actual route(s) have been identified and approved. It would be more appropriate to indicate that the financial plan will identify the maximum obligation of the application without specifying a dollar amount in the DO (e.g., the financing plan shall identify the maximum yearly oblisation of the applicant). The proposed DO should be modified to be consistent with staff's letter, dated November 27, 1989. Condition 11(B) I Paqe 7 As indicated above, staff believes it is inappropriate for Council to begin assigning financial responsibility in the DO. The promotional obligation of the applicant is best determined once the route(s) have been identified and approved, and should be included as an item of the financial plan, rather than as part of a DO Condition. Condition 11(C). Paqe 8 At some point in time, an evaluation needs to be performed to determine whether or not the transit service should be continued or terminated. Proposed Condition ll(C) does not include staff's recommended language for determining continuance of the transit alternative. This issue needs to be addressed within the DO. Condition 12(A) The Palm Beach County Metropolitan Planning Organization and Engineering Department should be included in the approval process. These departments are responsible for all the transportation related activities including transit-related planning acti vi ties within the County. Consistent with staff's recommended Condition 18 (a), the MPO and Traffic Division should be added to the list of approving agencies. Condition 12(c) Staff's recommended Condition 18(c) specifies that transit service should begin 30 calendar days prior to issuance of a CO for the Mall's expansion. This time period was selected so that prior to actual opening of the Mall expansion identified transit patronaged would be familiar with the service. The intended result would be that impacts from the Mall expansion will be balanced with transit ridership. Mr. Tim Cannon December 19, 1989 Page Six Council staff's described its reasons for including recommended Condition 12 in our November 27, 1989. This was done so that there will be no future misinterpretations of what the transit alternative was intended to accomplish. This language should be incorporated into the DO to assure that the route(s} configuration and fleet mix are such that the intent of achieving a 3, 693-vehicle trip reduction off the roadway network wi thin the Mall's service area is not comprc!nised. General Concerns Conditions 11 and 12 do not contain Council's standard CO requirement language. Roadway links and intersection improvements are required to be completed prior to issuance of CO's for a specific level of development. In this situation, the CO should not be issued for the Mall extension until such time as the transit route(s} have been in service for 30 days. This guarantees that the required implementation steps have been completed, and the intent of balancing transit ridership with. the anticipated increase in Mal1"s impact on the transportation network has been satisfied. Conclusion Review of the proposed amended DO for the Boynton Beach Mall has identified numerous issues which need to be resolved. Staff has concluded that the draft amended DO is not consistent with the report and recommendations approved by the Treasure Coast Regional Planning Council at its April 21, 1989 meeting, and subsequent transit conditions transmitted on November 27, 1989. Based on this finding, it would be staff's recommendation to Council, if the proposed amended DO is issued by the City of Boynton Beach, that it be appealed until such time as the issues identified above have been satisfactorily resolved, and the DO has been appropriately amended to reflect the agreed upon revisions. For your convenience, I have attached a revised copy of the draft DO which indicates the changes staff would make to the DO to make it consistent with Council's report and Mr. Tim Cannon December 19, 1989 Page Seven recommendations. Should you have any questions regarding any of the above concerns, please contact me. Sincerely, ~jJ~ Teresa P. Cantrell Regional Planner TPC:pm Enclosure cc: Dagney Jochem James Stansbury Tom Marsicano Cormac Conahan Gus Schmidt Randy Whitfield Charles Walker Roger Saberson, Esq. CONDITIONS OF DEVELOPMENT ORDER AS AtfENDED l. Except as specifically amendea conditions specified in the Development Order No. R-74-343) and subsequent amendments to the Order for Boynton Beach Mall shall remain in and effect. herein, all .(Resolution Development full force 2. Prior to issuance of a C.re~r~cae. or Occupancy Buildin~ Permit(s) for construction of additional square footage pursuant to the Amended Development Order, ihe Applicant shall cause to haooen the oreservation in oeroetuitv the area identified as the oonr~rm cbac ~c "'~l.l. noc dev.l.op ~n chac area "Limits of 'Pine Area" a..s. sho~n on Exhib it" 1" in t.he' northwest quadrant of the site. Anv future develooment orooosals for this oreserve area submitted to the Citv of Bovnton Beach shall ~titute a substantial deviation' and shall reouire additional review oursuant to Chaoter 380.06(19)) Florida Statutes. 3. Same 4 . Same 5. Same utilized the Site 8. A. The in the neil Plan (Exhibit use of parking "2"). grassy swales lot additions, as shall shown be on B. L~Ccoral. 60ne pl.anc!nl .hal.l. be prov~ded ~n aooordance ",j, eh Ch. p;'r.i CC'j,nl r.c:;ruirem.n c. and Fl.orida a.parC.ene or Znv!ron.encal. Re6Ul.acion and Souch Fl.or~da Wac.r nan&lemene Dj,.Cricc. Ve~etated littoral zones shall be established around the existin~ detention oonds utilizin~ native woodv soecies Prior to construction and olantin~ of the littoral zones, the develooer shall oreoare a desi~n and mana~ement ,olan for the littoral zone to be reviewed for consistencv with the Re~ional Comorehensive Policv Plan bv Treasure Coast Re~ional Plannin~ Council in consultation with the Citv of Bovnton Beach. South Florida Water Mana~ement District. and Florida Deoartment of Environmental Re~ulation. and aooroved bv the Citv of Bovnton Beach. South Florida :;~~;on~:~~=~men~e~i:~~~~' "1/ ;~~ ol~~or;~:ll: De9~~~me~:ClU~; a ~1a.I"l vieow s.nd site..... lo'c11<l:.ion: (2) ~n~lude a tvt:lical cross section of the detention oond: (3) soecifv how ve~etation is to be established within the littoral zones: and (4) orovide a descriotion of anv mon~tor;ng and maintenance 'orocedures to be followed in order to assure the continved viabilitv and health of the littoral zones. If Treasure Coast. Re~ional Plannin~ Council 4- ~" determines that the desi~n and mana~ement ~lan for the littoral zones is not consistent with the Re~ional' Comorehensive Policy Plan, then the develooer will be in violation of the Develooment Order No certificates of occuoancv shall be issued far any additional SQuare footaie constructed oursuant to this Develooment Order until the clan is determined to be consistent with the Re~ional Plan.' Wherever oossible a minimum of ten SQuare feet of ve~eta~ed littoral zone De lin~ar foot of shoreline shall be established and confi~ured sa that at lea~t 50 oercent of the shoreline has a ve~etated littoral zone-. Alternate desistn may be necessary due to ohvsical constraints inherent in retrofittinlt these existin~ detention oonds. The littoral zones shall be in olace orior to the issuance of a certificate of Qccuoancv for any additional SQuare foota~e constructed oursuant to this Develooment Order. 7 . Same 8. Prior to issuance of a building permit for any additional square footage approved by this Development Order, 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: ... hazardous gen.erated A. Require disclosure materials proposed to on the premises; by tenan t be stored. of used. all or for and storage. transfer B. Provide "lLinimum standards and prevention of spills, containment and disposal of such material; procedures of sp ills. operation. ,systems, C. Provide and monitoring including spill for proper maintenance, of hazardous materials management and containment systems; D. Detail actions and procedures followed in case of an accidental spill; to be E. Guarantee spill clean-up; and F. RequjA. ;1, the inspection of premises storing. usin~. or ~e~erat~~g hazardous materials prior to commencement of operation 'and periodically thereafter, to assure that the provisions of the plan are being implemented. If Treasure Coast Re~ional Plannin~ Council determines that the hazardous waste mana~ement olan is not consistent ~ith the Reltional Comorehensive Policv Plan. then the develooer ~ill be in violation of the financial responsibility for ,~ 5 Develooment be. issued found to Order. No additional building oermits shall until the hazardous waste mana2ement clan is be consistent with the Re2ional Plan. 9 . Same 10. No building permits shall be' issued for the Boynton Beach Mall Expansion until an origin/destination (0/0) 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 'Mhere the,., trans-it ridership potential exists (origins) and identify 'Mhich roadway'links (i.e., I-95 interchange, Boynton Beach Boulevard, Old Boynton Beach Boulevard, and Congress Avenue, etc) will be positively impacted by provision of transit service to these areas and shall be evaluated to &d~u.e d..~6nae.d erav.Z ~oue.<.) Ln o~d.~ eo A&X~_~Z. ~~d.~.h~;.~ aooToved bv the Citv of Bovnton Beach. CoTran. and Treasure Coast Re~ional Plannin~ Council in consultation with the Palm Beach Countv Traffic En~ineerin~ Deoa~tment. The survey questionnaire and implementation methodology shall be .vaZuae.d reviewed and aooroved by the City of Boynton Beach, CoTran, Palm Beach County, and Treasure Coast ~egional Planning Council. for until 11. . No c.re~r~Qae. or the Boynton Beach Mall the following activities Occupancy Buildin~ Permit(s) Expansion shall be issued have been completed: A. A service contract has been, approved and signed by the City of Boynton Beach, the Palm Beach County Board of Comnissioners sitting as the County Transportation Authority, the TreasuTe Coast Re~ional p lann in~ Coone i 1 . . and the app lican t which provides the level of transit service, including an appropriate promotional commitment, identified in Condition 12 for the Service Period. The Service Period shall be defined as a p.~~od COAD.nc~nl eh~rey day_ pr~o~ eo eh. op.n~nl eo eh. pubZ~o or eh. Boyneon B..ch n.zz Ex;an.~on and cone~nu~nl une~Z eh. ..rZ~.~ or: (~) r~v. y..r.; minimum of five veaTS and a maximum ceriod coveTin~ o~ (~~) completion of the identified road improvements in the Treasure Coast Regional Planning Council's final assessment report for the Boynton Beach Mall Subst~~tial Deviation Conditions 12 and 13. The contract shall also include a financing PA~.fpr implementation and monitoring of the transit route~-) ":;~.j,ncluding a secur'ed funding commitment (defined as an' irrevocable letter of credit or bond). The financing-plan shall provide that the maximum obligation of the Applicant~ und.~ eh. .e~v~ce coneract .haZZ be $ZOO.OOO.OO per Y.&~ ~or eh. Serv~ce P.~~od; and G B. A promot ional p Ian o~ -"1 in ing the strategies for facilitating, publicizing, and encouraging the use of this ne~ service shall be submitted and approved by the City of Boynton Beach and CoTran in consultation ~ith the Treasure Coast Regional Planning Council, and the Palm Beach County Metropolitan Planning Organization. Such ~ promotion plan shall noe r.quir. identifv the Applicant~ eo contribution mor. ehan _~.oaa.ao per year during the Service Period to implement the promotional plan; . and C. A procedure has been established and approved by the City of Boynton Beach and CoTran in consultation ~ith the Treasure Coast Regional Planning Council for a quarterly monitoring report that monitors ridership levels, effectiveness, of route(s) and schedule(s), and operating and maintenance costs. The monitoring program shall be imitated ~ithin 90 days after the date of the Certificate of Occupancy is issued for the additional square footage of the Mall and continue for eh. S.rvic. P.~~od a minimum of five Years. A determination re~ardin~ the ~ontinuation of the t~ansit serV1~e after the ~omoletion of identified road and intersection imorovements in Conditions 12 and 13 shall be based noon an evaluation of the quarterly monitorin~ reoorts and existin~ levels of serVL~e on the road~avs No Certifi~ate of Occuoancv shgll be Bovnton Beach Mall Exoansion (Sears time as selected transit route(s) have for 30 davs issued for the store) until such been in servi~e iz. The service area for the following: transit. service to the Boynton Beach be provided Mall shall to the inc lude 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 con.id.~.eion o~ service to Bethesda Memorial Hospital and consideration of servi~e to the Boynton Beach City Hall. The final route(s) selected shall be approved' by the City of Boyn~on Beach, Palm Beach County sitting as the County Transportation Authority, and Treasure Coast Regional ~;~~~ngMet~~~~~t;an i~~~~~;pl tg;~~~iza~~~~ ~:~ ~:i: :::~~ Countv Traffic Division B. The vehicle fleet a sufficient number of CoTran provide 20 minute headway; and shall be compatible comprised vehicles of to 1 CITY of BOYNTON BEACH @...~, ,.~.:.:..- ..., "',-______,;...o~ 100 E. Boynton Beach Blvd. P. O. Box 310 Boynton Beach, Florida 33435.0310 (407) 734.8111 OFFICE OF THE PLANNING DIRECTOR January 5, 1990 Greiner, Inc. Attn: Mr. Thomas A. Marsicano, A.I.C.P. 'P.O. Box 31646 (33631-3416) 7650 West Courtney campbell Causeway Tampa, Florida 33607-1462 RE: Boynton Beach Mall - Development of Regional Impact Substantial Deviation and Site Plan Modification - File No. 208 Dear Mr. Marsicano: Pursuant to Chapter 380.07(2), Florida Statutes, I am sending you a certified original copy of Resolution Number 89-UUU which was adopted by the Boynton Beach city Commission on December 19, 1989. Resolution 89-UUU consists of a ,development order which amends a prior development order, adopted November 16, 1982, for the Boynton Beach Shopping Mall Development of Regional Impact. Please be advised that the Resolution 89-UUU also constitutes the approval of a site plan modification which allows for the construction of an additional department store and parking facilities at the Boynton Beach Mall. Two copies of final plan drawings which are consistent with Resolution 89-UUU must be submitted to the Building Department for permitting. Since attached Exhibits "1" and "2" of the Amended Development Order do not contain sufficient detail to allow the City Staff to fully determine whether the site plans in these exhibits comply with city Codes and standards, it will be necessary for the Technical Review Board to review the site plan submitted for building permit for compliance with these Codes and standards. If the site plan submitted for permit does not fully comply with City Codes and standards it will be necessary for the staff to compile a list of any deficiencies and discrepancies with respect to same, and refer this list to the city commission. The city Commission will be asked to clarify their motion with respect to Thomas A. Marsicano - 2 - January 5, 1990 approval of Resolution 89-UUU, as it relates to any deficiencies and discrepancies which may be found. A copy of the staff comments concerning the site plan which was submitted in February 1989 is attached for informational purposes. Please also note that, in accordance with the statement on page 2 of Resolution 89-UUU, a variance from the Board of Adjustment will be necessary, if the parking provided would not meet the ratio of 1 space per 200 square feet of gross leasable floor area, as required by the Zoning Regulations. Revised legal descriptions should be submitted to the Planning Department and City Attorney for the Land Use Amendment/Rezoning Applications, to reflect the boundary between the proposed parking lot and the preserve area, as shown in Exhibits "1" and "2" of Resolution 89-UUU. The City will proceed with the adoption of ordinances to amend the Future Use Map and Zoning Map, using the revised legal descriptions. If you have any questions concerning this matter, please do not hesitate to contact me. Very truly yours, CITY OF BOYNTON BEACH ~7~ TIMOTHY P. CANNON Interim Planning Director TPC:cp Encs. cc: J. Scott Miller Central File Technical Review Board Members David H. Curl Cormac Conahan Boynton Beach Mall Substantial Deviation Assessment Report Traffic DRfiW"J;:!l9!":I " " l ',!, ,E- 1 . .,~ntai I SUBJECT TO MODI FICl\ TiONS Issue Adequate road right-of-way within the project boundaries should be preserved to accommodate traffic at buildout of the Boynton Beach Mall substantial Deviation (1989). Policy 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 -- ::...:___-.::.~',:~.::., ...::_ae:commodate.. _projected--_.futur.e-~_tr...a.ffic ~v.o-lumes--.and to--ensure----~- implementation of the Palm Beach County Thoroughfare Plan, right-of-way should be protected or dedicated. Recommendation 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 perrni t for the Boynton Beach Mall Substantial Deviation shall be issued until all right- of-way within the project boundaries .e..~,~l,}_t.l~o ~~!I!!!!tIA ~--c:t.f:l:'" H.~~ "11 has been dedicated free and clear of all liens and encumbrances to the City of Boynton Beach or Palm Beach County as necessary and consistent wi th the Palm Beach County Thoroughfare Right-of-way Protection Plan. .. ..- _.__._.~- Issue Prior to buil~out (1989) of the Boynton Beach Mall Substantial Deviation, certain roadway links significantly impacted by the development will operate at unacceptable levels of service. Policy 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 Royal Manor Boulevard (22nd Street) and New Boynton Beach Boulevard J? pr~j ected to -'1 operate at LOS D during AADT conditions and -~!:I;t;~( ~'~~~~i~~{('ca.:)#."A' peak season, peak hour conditions. Project traffic impact is estimated to be at 33 percent. "3 --I ~oM)S . 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 Level of service E during AADT ~ - ---conditiens--"-and'-at- Level -of -' Serv-i-ce--~ttring- peak-- seas01Tf---- - -- 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 into 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 Royal Manor Boulevard (22nd street) 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. . . . ^ ') .? f, '''fiWJd;,,,'' /'I;J (1"-'- 'J '5 ;/6 C"7",!~~ ' 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. Issue Prior to buildout (1989) of the Boynton Beach Mall Substantial Deviation the intersections of Hypoluxo Road, 22nd Street, Old Boynton West Road, and New Boynton Beach Boulevard with Congress Avenue; and the interchange of New Boynton Beach Boulevard/I-95 will operate below Council's acceptable level of service standards. Policy 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 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 proj ected to operate at LOS E by the end additional left-turn lanes are provided. 22nd Street is of 1989 unless --:In----eo.n:}u.nctiorl--with -the- -S-i-x...-l-art ing-,-o-f - .coHgr-e-sS-Avemie--1;he--=-- - -:~-- 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 the following intersection configurations, including signalization modifications as warranted by City, County, or State criteria: - - .-- -. - -'-~- ----_. ~--~ -- . -. -~_. -. - - - - .--.--<...-"- -~--:...;-,,-_.._-.,--------- .~--------~_. ----.- '--,---- "_____~__.__._.__,__._,___~_.._.__ _ ___._....__,..______ _...____.___________...~_,__...__n_._________"__._.___~_..__.________._.___ u_ Northbound a. Hypoluxo Road/Congress Avenue Southbound one right-turn lane two through lanes two left-turn lanes Eastbound one right-turn lane two through lanes two left-turn lanes one right-turn lane two through lanes two left-turn lanes Westbound one right-turn 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 Eastbound one right-turn lane one through lane one left-turn lane Southbound one right/through lane one through lane one left-turn lane Westbound one right-turn lane two through lanes one left-turn lane c. Old Boynton West 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 Northbound one right-turn lane three through lanes two left-turn lanes Southbound one right-turn lane three through lanes two left-turn lanes f. 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 N/A* one right-turn lane two left-turn lanes ~astbound Westbound one right-turn lane three through lanes three through lanes two left-turn lanes New Boynton Beach Boulevard/I-95 East Northbound Southbound one right-turn lane two left-turn lanes N/A* Eastbound Westbound three through lanes two left-turn lanes one right-turn lane three through lanes *not applicable All configurations be constructed and shall b~f.~6J. ~'"AM -' vr-- ~ /IMj ,l~ .) - !; '''1&\ I / J" <7 .. VI .," 6 L~i~ 1/rpJ}, n! '" I W 1/ J '~vf L ~'J;d",l, ct c)} I 1JM ( . J .C:Jh.(t fil f~'J.) 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. Issue Impacts that result from the proposed development on those segments of the regional roadway network that serve the development must be mitigated in order to assure an acceptable level of service on the regional roadways with respect to the growth in the area. Policy For any regional roadway which is operating 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 through 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. \ I ; I Discussion Council policy requires that LOS C/O be maintained on regional roadways. In cases where level of service falls below that during 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 regional roadway network from the proposed development, the following condition should be incorporated into the Development Order: 1. The developer shall pay a fair share contribution consistent with the fair share impact fee ordinance applicable to the Boynton Beach Mall Substantial Deviation. . - _.,-~--------.-._-------- --- -- -_-:.-- - -,._---~.__._"'-----~--- ~ ~ - Issue If the proj ected buildout date of 1989 is exceeded, the assumptions and data used to determine transportation impacts and recommendations 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 _,n.':,:_,.__.. _-2..__mi..t.-i.ga te --.the~-impact-. .-Of . the ... HGynt-on- -Beach--..:...Ma-ll-.:.eFl---..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 city 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 and growth in background traffic beyond 1989 and still be maintained at Level of Service C during average annual conditions and Level of Service D during the peak season. The traffic study shall: a. be conducted in 1990; and b. identify the improvements and timing of those improvements necessary to provide Level of Service C under average annual daily traffic conditions and Level of Service 0 under peak hour, peak season operating conditions for the subject transportation network during the projected completion of the project, including project impacts and growth in background traffic. Additional building permits shall not be issued until a new project phasing program and roadway improvement program (necessary to maintain Level of Service C average annual and Level of Service 0 peak season operating conditions) has been approved by ya~~ Beach County, the City of Boynton Beach, and Treasure Coast Regional Planning Council for the remainder of the development. Z o ...... I- a: ...... :> W 0C1' 00 ...JC1' a:.... ...... 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I ::11 N ..... 4' 0 0 II) a: ~ IU E :I: N 0 Z ::3:(!) ...J * - -------------..-.-.------ _._---~_.~.._-----_....__._-~--_. -- -- ----_.._~-, " TABLE TR-3 BOYNTON BEACH MALL SUBSTANTIAL DEVIATION INTERSECTION CONDITIONS 1989 INTERSECTION LOS PM PEAK HOUR BEFORE AFTER IMPROVEMENTS CONGRESS AVENUE/HYPOLUXO ROAD E CONGRESS AVENUE/22ND AVENUE E CONGRESS AVENUE/OLD BOYNTON WEST RD E OLD BOYNTON WEST ROAD/WINCHESTER STREET D OLD BOYNTON WEST ROAD/LAWRENCE STREET D OLD BOYNTON WEST ROAD/MILITARY TRAIL D MILITARY TRAIL/NEW BOYNTON BEACH BLVD C NEW BOYNTON BEACH BLVD/WINCHESTER ROAD A NEW BOYNTON BEACH BLVD/CONGRESS AVE E NEW BOYNTON BCH BLVD./OLD BOYNTON WEST RD B NEW BOYNTON BEACH BLVD./I-95 EAST E NEW BOYNTON BEACH BLVD./I-95 WEST E CONGRESS AVENUE/WOOLBRIGHT ROAD C CONGRESS AVENUE/GOLF ROAD B D C D D D C HODGSON, Russ, ANDREWS, WOODS & GOODYEAR (... P...RTNERSHIP INCL.UDING PROrESSION...L. ...SSOCI...TIONS) "'TTORNEYS "'T L....w 2000 GLAOES ROAO. SUITE 400 BOCA RATON. FLORIDA 33431 BOCA R"'TON (407) 394-0500 PAL.M BEACH (407) 736-2177 BROWARO (305) 764-2440 r...X(305)427-4303 PARTNERS ADMITTED IN FLORIDA .J"'MES ..., PORTER. CORM"'C C. CON"'H"'N . L.ARRY CORMAN. DON"'L.D C, L.UBICK H, KENNETH SCHROEDER. .JR, ANTHONY L., DUTTON CH"'RL.ES C, H"'HN STEPHEN .., NEW..AN DIANNE BENNETT .JOHN p, .....ERSHAOIAN .JERO..E 0, SCH"'O "ARK G, SPEL.MAN MELISSA M. MAY RICHARO A, GOETZ. P,A, . CHARLES T. BARKER, P.A. * L....WRENCE F', BEYER. RICHARO E, HEATH .JAMES M, WAOSWORTH WILLIAM H. GARDNER ROBERT B. CONKL.IN PAUL. R. CO"EAU RICHARO F'. C"'MPBEL.L. PAMEL.A OAVIS HEIL.MAN GARRY M, GRABER MARK S. KLEIN AL.ICE A. .JOSEF'F'ER . RESIDENT IN FLORIDA ASSOCIATES ADMITTED IN FL.ORIOA CAROL S. HAIGHT. EOWARD I.. ARTAU . BUrrAL.O OrrlCE: IBOO ONE M & T PLAZA BUFFALO.NY 14203 (716) 856-4000 MISSISSAUGA OrrlCE: 3 ROBERT SPECK P...RKWAY MISSISSAUGA, ONT CANADA IAZ 2G15 (416) 566-5061 (NOT LICENSED TO PR"'CTICE ONTARIO L.AW) December 18, 1989 Mayor Gene Moore and City Commissioners City of Boynton Beach 120 E. Boynton Beach Boulevard Boynton Beach, FL 33435 Dear Mayor and City Commissioners: P....RTNERS NOT ADMITTED IN P"I.ORIOA VICTOR F'UZAK GOROON ..., M"CL.EOO .JOHN C, BARBER, .JR, CHRISTIAN G, KOEL.BL., m L.ANCE .J, MAOOEN WARO B, HINKL.E ROBERT B. F'L.E..ING, .JR, TOOD M, .JOSEPH "'L.L.EN H, BEROZA O"'VID KOWAL.SKI r. WIL.L.IAM GRAY, m ANNE S"ITH SI"ET KENNETH P. F"RIEOM....N KENNETH F'. BARONE TERRY C, BURTON .JERROL.O S, BROWN TIMOTHY P. ..JOHNSON RICK WILLIAM KENNEDY .JEF'F'REY W, STONE BEN..JAMtN M. ZUF"F'RANIERI, .JR. ROBERT M. WAL.KER R. WILLIAM LARSON OAVID E. HALL. HARRV G. MEYER KARL W. KRISTOFF OANIEL. R. SHARPE PAUL O. PEARSON ROBERT W, KEL.L.ER OAVIO A, F'ARMEL.O GARY". SCHOBER PAUL I. PEARLMAN STEVEN O. SCHNEIOER L.OUIS A. NAUGL.E PETER A. MUTH EOWARO C, NORTHWOOO SUSAN .J. EGL.OF'r WILLIAM C. MORAN ROBERT .J, L.ANE. .JR. EL.L.EN V, WEISSMAN WASHINGTON OrrlCE: 1401 NEW YORK AVENUE, N,W. WASHINGTON, DC 200015 (202) 347-9898 Re: Boynton Beach Mall Proposed Sears Store Boynton-JCP Associates Ltd. In accordance with our correspondence to December 14, 1989, enclosed is a copy of Exhibit "2" which was not included with the Resolution adopting an Development Order. you of Site Plan Amended mf Enclosure Thank you for your consideration of this matter. Very truly yours, Cormac C. Conahan , - ., . ".. . '1' ~.! .:...;.. -,. :. . ,. .-'-' .--- ---- '=t P I ': I. [-: .....N...' 1'lCh""'oe_ I , i~ ,J !I ~ I~ [ ~'I 1,.. ~' . '--', IL ~ ~ ... E U > ! I c-. ., .: ,I, .. '! l" : \: i Ii .' i ( !i . i.c( , !~ j, ..Ji" n ! Jo.~_ v~ ~ ~ ~ Us"1i gi ;h:h 'mm . ;; ::i~ I ~ 0':'.;" .-.!!lQ r.: 'i:!:' L"i o~. ....':. ~Eitl . qll ' .~ - 1 1. ~~ , 'r -~.~ :~-j'.:~L;~(~~~:A.I:'jl treQlure co~t regional planniQg council December 19, 1989 Mr. Tim Cannon Interim Planning Director City of Boynton Beach Post Office Box 310 Boynton Beach, FL 33425-0310 Subject: Boynton Beach NaIL Development of Regional Impact SUbstan~ial Deviation-Proposed Amended Development Order Dear Mr. Cannon: staff has reviewed the proposed amended Development Order (DO) for the Boynton Beach Mall Development of RegIonal Impact (DRI) Substantial Deviation received December 15, 1989. Preliminary review of the DO indicates several significant differences between the transit-related condli tions recommended by Council staff to the city on Nove~ber 27, 1989 and the conditions in the proposed amended DO. The transit conditions contained in the amended DO do not satisfy Council's intent of maintaining acceptable levels of service on the regional roadway network and are not consistent with the recommended conditions developed by Council staff. Further, changes to the environmentally- related conditions are also of concern to Council staff. Condition 2, Paqe 4 Condition 2 as written does not meet the intent of staff's recommended condition or the original DO Condition 9.. ,.xi that the "Limits of pine Area" referenced by Exhibit :'1" does not provide assurance that the pine area wil: be preserved in perpetuity. Addi tionally, such a commi'l:l'lent should be made prior to the issuance of building permits for subject development, not after the development has been constructed. A better method for addressing this issue is to restrict development until preservation of the pine area as shown on Exhibit "I" has been secured in perpetuity and require that future development' proposals submitted for the preserve area be subject to" Substantial Deviation review pursuant to Chapter 380.06(19)', Flo!,ida statutes. " '..' i.':\.1;.. ."'...~ , " " , !:!__ l';..,.'~:! :: _,'~ " ~ FAX (407) 221.4067 3228 s.w. martin downs blvd. suite 205 . p.o. box 1529 palm city, florlda 34990 phone 140~.....,~ ~.:(:.~ -.. . :.;"";"'/"0'" .. , Mr. Tim Cannon December 19, 1989 Page Two Condition 6(B), page 5 The intent of Council's recommended DO Condi tion 8 (Drainage) is to address existing exceedences of water quality standards noted in the developer's Application for Development Approval. Establishment of vegetated littoral zones around existing detention ponds consistent with Condition 8 will provide better treatment of stormwater runoff. It is important that, prior to construction and planting of littoral zones, design and management plans are prepared consistent with Council's Regional Comprehensive Policy Plan (RCPP) to assure their proper establishment. Proposed Condition 6 (B) does not address Council's intent because it does not require provision of vegetated littoral zones around existing detention ponds. The permitting requirements of the Florida Department of Environmental Regulation and South Florida Water Management District do not address retrofitting of existing systems. In order to be consistent with Council's RCPP and its report and recommendations, Condition 6(B) as proposed, should be deleted and replaced with Council's recommended Condition 8. Condition 8, Page 5-6 While proposed Condition 8 includes appropriate provisions for the hazardous waste management plan, it does not require consistency with the RCPP. The RCPP has adopted specific guidelines for the handling and disposal of hazardous wastes. Improper management of hazardous materials associated with the addition of an automotive center and garden shop could adversely affect surface water and groundwater resources and public health. Because of the vulnerability of Florida's groundwater and surface water systems, it is imperative that hazardous waste generators and hazardous material users be identified and that proper storage and disposal methods be consistent with the RCPP. To be consistent with Council's recommended Condition 10, Condition 8 must be modified to.require consistency with the RCPP. Condition 10, Paqe 6 Condition 10 is not consistent with the intent of the origin and destination survey as described in staff's November 27, 1989 letter and as recommended DO Condition 16. While the proposed condition does provide for route adjustment in Mr. Tim Cannon December 19, 1989 Page Three order to maximize ridership, it does not require approval from any of the key review agencies. Council staff, when drafting this condition, made provisions for the review and approval of the designated routes by the agencies responsible for transportation planning and implementation in Palm Beach County, (i.e., CoTran, Palm Beach County Engineering, the City of Boynton Beach, and the Treasure Coast Regional Planning council). since this is the first time this kind of transit alternative has been considered as a way to accomplish regional and local transportation obj ecti ves, it is essential that the agencies responsible for transportation-related activities be involved in the review and approval process. The Regional Planning Council's intent of requiring approval of all these agencies is to provide a check and balance system in the process to insure that the survey effort is effective in collecting the kinds of information necessary to provide the most efficient transit routes. Support from these agencies can only strengthen the potential success of this effort. wi thout this kind of accountability built into the review process, Condition 10 is not acceptable. To be consistent with the intent of staff's recommended Condition 16, as outlined in our letter of November 27, 1989, the origin/destination survey results must not only be subject to appropriate agency evaluation, but also approval by the following agencies for the reasons listed above: City of Boynton Beach, CoTran, and the Treasure Coast Regional Planning Council in consultation with Palm Beach County Engineering Department, the' Florida Department of Transportation, and the Palm Beach County Metropolitan Planning Organization (MPO). The survey questionnaire and selected must also be subj ect review agencies. Again, accountability is a concern. implementation methodology to approval by the above the potential lack of For Condition 10 to be consistent with staff's recommended Condition 16, a provision must be added which requires that the survey questionnaire and implementation methodology selected be approved by the City of Boynton Beach, CoTran, Palm Beach County (Engineering Department and MPO), and Treasure Coast Regional Planning Council. Condition 10 as proposed does not provide the necessary level of accountability to be consistent with staff's recommended Condition 16. Mr. Tim Cannon December 19, 1989 Page Four Condition 11(A) , Paqe 7 similar to Council's standard requirement that construction contracts be let prior to issuance of building permits, it is imperative to require the approval and signing of the service contract prior to the issuance of building permits. Requiring that this service contract be approved and signed under this requirement provides the necessary assurance that transit service will be ready to be provided when certificates of Occupancy (CO) for the Mall expansion are issued. As proposed in the DO, Condition 11, is neither consistent with existing Council policy nor with Council staff intent when drafting recommended Condition 17. By delaying the signing of the service contract until issuance of COs, adequate assurance is not provided that the level of transit service as outlined in the DO can and will be provided when needed. Additionally, since this transit alternative solution is a first attempt to provide alternative means of travel other than the automobile, every care must be taken to insure the successful implementation of this service. Therefore, it is not acceptable to delay the approval and signing of the service contract until such a late time as issuance of certificates of occupancy. The definition of the "Service Period" has been inappropriately redefined. Council's intent in both the Boynton Beach Assessment Report' and subsequent letter dated November 27, 1989, indicated that transit service must be provided for a minimum of five years and a maximum period covering the completion of the identified road improvements in Council's Assessment Report for the Boynton Beach Mall Substantial Deviation. Proposed Condition 11(A) should be modified to be consistent with Council staff intent. Addi tionally, the commencement of the service date should not be identified as 30 days prior to the public opening of the Boynton Beach Mall expansion but rather, consistent with Council staff Condition 18(c), as 30 calendar days prior to the issuance of the CO. Council has not in the past assigned specific financial responsibility to any developer or agency, but rather has always identified those improvements which need to be constructed given a certain level of development. The financial plan is the most appropriate place for detailing how service will be funded. Staff believes it is inappropriate to assign specified financial obligations in the DO before the actual route(s) have been identified and approved. It ~tlould be more appropriate to indicate that Mr. Tim Cannon December 19, 1989 Page Five how service will be funded. Staff believes it is inappropriate to assign specified financial obligations in the DO before the actual route(s) have been identified and approved. It would be more appropriate to indicate that the financial plan will identify the maximum obligation of the application without specifying a dollar amount in the DO (e.g., the financing plan shall identify the maximum yearly obligation of the applicant). The proposed DO should be modified to be consistent with staff's letter, dated November 27, 1989. Condition 11(B). Paqe 7 As indicated above, staff believes it is inappropriate for Council to begin assigning financial responsibility in the DO. The promotional obligation of the applicant is best determined once the route(s) have been identified and approved, and should be included as an item of the financial plan, rather than as part of a DO Condition. Condition 11(C). Paqe 8 At some point in time, an evaluation needs to be performed to determine whether or not the transit service should be continued or terminated. Proposed Condition 11(C) does not include staff's recommended language for determining continuance of the transit alternative. This issue needs to be addressed within the DO. Condition 12(A) The Palm Beach County Metropolitan Planning organization and Engineering Department should be included in the approval process. These departments are responsible for all the transportation related activities including transit-related planning activities within the County. Consistent with staff's recommended Condition 18 (a), the MPO and Traffic Division should be added to the list of approving agencies. Condition 12(c) staff's recommended Condition 18(c) specifies that transit service should begin 30 calendar days prior to issuance of a CO for the Mall's expansion. This time period was selected so that prior to actual opening of the Mall expansion identified transit patronaged would be familiar with the service. The intended result would be that impacts from the Mall expansion will be balanced with transit ridership. Mr. Tim Cannon December 19, 1989 Page six council staff's described its reasons for including recommended Condition 12 in our November 27, 1989. This was done so that there will be no future misinterpretations of what the transit alternative was intended to accomplish. This language should be incorporated into the DO to assure that the route(s) configuration and fleet mix are such that the intent of achieving a 3,693-vehicle trip reduction off the roadway network within the Mall's service area is not compromised. General Concerns Conditions 11 and 12 do not contain Council's standard CO requirement language. Roadway links and intersection improvements are required to be completed prior to issuance of CO's for a specific level of development. In this situation, the CO should not be issued for the Mall extension until such time as the transit route(s) have been in service for 30 days. This guarantees that the required implementation steps have been completed, and the intent of balancing transit ridership with the anticipated increase in Mall's impact on the transportation network has been satisfied. Conclusion Review of the proposed amended DO for the Boynton Beach Mall has identified numerous issues which need to be resolved. Staff has concluded that the draft amended DO is not consistent with the report and recommendations approved by the Treasure Coast Regional Planning Council at its April 21, 1989 mee'cing, and subsequent transit conditions transmitted on November 27, 1989. Based on this finding, it would be staff's recommendation to Council, if the proposed amended DO is issued by the City of Boynton Beach, that it be appealed until such time as the issues identified above have been satisfactorily resolved, and the DO has been appropriately amended to reflect the agreed upon revisions. For your convenience, I have attached a revised copy of the draft DO which indicates the changes staff would make to the DO to make it consistent with Council's report and Mr. Tim Cannon December 19, 1989 Page Seven recommendations. Should you have any questions regarding any of the above concerns, please contact me. Sincerely, ~jJ~ Teresa P. Cantrell Regional Planner TPC:pm Enclosure cc: Dagney Jochem James Stansbury Tom Marsicano Cormac Conahan Gus Schmidt Randy Whitfield Charles Walker Roger Saberson, Esq. CONDIT-"NS OF DEVELOPMENT ORDER AS A ~ ' '.~ 'ID.ED- 1. Except as specifically amended conditions specified in the Development Order No. R-74-343) and subsequent amendments to the Order for Boynton Beach Mall shall remain in and effect. herein, all . (Resolution Development .full force 2. Prior to issuance of a C.rt1r1cat. or Occupancy Buildin~ Permit(s) for construction of additional square footage pursuant to the Amended Development Order, ihe Applicant shall cause to haccen the creservation in cernetuitv the area identified as the oonr1rm tbat 1t ,,1~~ not d.v.~op 1n tbat ar.a "Limits of Pine Area" u. shown on Exhibit "1" in t.he' northwest Quadrant of the site. Anv future develocment orocosals for this oreserve area submitted to the City of Bovnton Beach shall consti tute a substantial deviation" and shall reauire additional review cursuant to Chanter 380.06(19~ Florida Statutes. . 3. Same 4. Same 5. Same utilized the Site 6. in Plan A. The the new (Exhibit use of parking "2"). grassy swales lot additions, as shall shown be on B. L1eeora~ .on. p~ant1n6 .ba~~ b. prov1d.d 1n aooordanc. "1th th. p.r.1tt1n6 r.qu1r...ne. and F~or1da D.partm.nt; or B'nv:Lronmenta.1 Re6U~at1on and South F~or1da Wat.r Han...m.nt D1_tr1ot. Ve~etated littoral 20nes shall be established around the existin~ detention oonds utili2in~ native woody s~ecies Prior to construction and nlantin~ of the littoral 20nes. the develocer shall crecare a desi~n and mana~ement clan for the littoral 20ne to be reviewed for consistency with the Re~ional Comcrehensive Policy Plan bv Treasure Coast Re~ional Plannin~ Council in consultation with the City of Bovnton Beach. South Florida Water Hana~ement District. and Florida Decartment of Environmental Re~ulation. and accroved bv the City of Bovnton Beach. South Florida ~;~~:::~~:!~.:~~1,~if~~~;~~: Dl;~:r;~i~~tu~~p~~rq~~i~;~ cross section of the detention cond: (3) s~ecifv how ve~etation is to be established within the littoral 20nes: and (4) orovide a descri9tion of any monitorin~ and maintenance orocedures to be followed in order to assure the continved viability and health of the littoral 20nes. If Treasure Coast, Re~ional Plannin~ Council 4- determines that the desi~n and mana~ement olan for the littoral zones is not consistent with the Re~ional Comorehensive Policy Plan. then the develooer will be in violation of the Development Order No certificates of occuoancv shall be issued for any additional sauare foota~e constructed oursuant to this Develooment Order until the clan is determined to be consistent with the Re~ional Plan' Wherever oossible a minimum of ten sauare feet of ve~eta~ed littoral zone De lin~ar foot of shoreline shall be established and confi~ured so that at least 50 cercent of the shoreline has a ve~etated littoral zone~ Alternate desi~n mav be necessarv due to chvsical constraints inherent in retrofittin~ these existin~ detention conds. The littoral zones shall be in clace crior to the issuance of a certificate of occupancv for anv additional sauare foota~e constructed oursuant to this DeveloDment Order. 7. Same 8. Prior to issuance of a building permit for any additional square footage approved by this Development Order, 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: .. hazardous gen.erated A. Require disclosure materials proposed to on the premises; by be tenan t stored, of used, all or for and storage, transfer- B . Provide' 'minimum standards and prevention of spills, containment and disposal of such material; procedures of spills, C. Provide operation, . and monitoring systems, including spill for proper maintenance, of hazardous materials management and containment systems; D. Detail actions and procedures followed in case of an accidental spill; to be E. Guarantee spill clean-up; and F . Requ.~".;;#, the inspect ion of premises storing, using~ or ge~er~t}ijg hazardous materials prior to commencement of operation 'and periodically thereafter, to assure that the provisions of the plan are being implemented. If Treasure Coast Re~ional Plannin~ Council determines that the hazardous waste mana~ement olan is not consistent with the Re~ional ComDrehensive Policy Plan. then the develocer will be in violation of the financial responsibility for ., 5 Develooment be. issued found to Order. No additional buildin~ oermits shall until the hazardous waste mana~ement clan is be consistent with the Re~ional Plan. 9. Same 10. No building permits shall be issued for the Boynton Beach Mall Expansion until an origin/destination (0/0) survey has been conducted and submitted to the City of Boynton Beach, CoTran, ~d Treasure Coast Regional Planning Council. Results of the survey shall clear ly demonstrate where the". trans'i t ridership potential exists (origins) and identify which roadway links (i.e., 1-95 interchange, Boynton Beach Boulevard, Old Bo~ton Beach Boulevard, and Congress Avenue, etc) will be positively impacted by provision of transit service to these areas and shall be evaluated co ad.1u.e de.:1.lnaeed eraveZ rouee(.) :1.n order eo max:1..:1..e r:1.der.h:1.p.~ aooroved bv the Citv of Bovnton Beach. CoTran. and Treasure Coast Re~ional Plannin~ Council in consultation with the Palm Beach Countv Traffic En~ineerin~ Deoartment. The survey questionnaire and implementation methodology shall be evaZuaeed reviewed and aooroved by the City of Boynton Beach, CoTran, Palm Beach County, and Treasure Coast ~egional Planning Council. for until 11. ,No Cere:1.r:1.oaee or the Boynton Beach Mall the following activities Oooupanoy Buildin~ Permit(s) Expansion shall be issued have been completed: A. A service contract has been approved and signed by the City of Boynton Beach, the Palm Beach County Board of Commissioners sitting as the County Transportation Authority, the Treasure Coast Re~ional Plannin~ Council. . and the applicant which provides the level of transit service, including an appropriate promotional commitmentJ identified in Condition 12 for the Service Period. The Service Period shall be defined as a per:1.od commenc:1.nl eh:1.rey day. pr:1.or eo ehe open:1.nl eo ehe pubZ:1.o or ehe Boyneon Beach HaZZ Bxpan.:1.on and oone:1.nu:1.nl une:1.Z ehe earZ:1.er or: (:1.) ~:1.ve year.; minimum of five vears and a maximum oeriod coverin~ or (:1.:1.) 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 p)"iPr" fpr implementation and monitoring of the transit routefS-> 4}!4ncluding a secured funding commitment (defined as an' irrevocable letter of credit or bond). The financing plan shall provide that the maximum obligation of the Applicant~ under ehe ..rv:1.ce conerace .haZZ be .~OOIOOO.OO per year ror ehe Serv:1.ce Per:1.od; and G 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 CoTran in consultation with the Treasure Coast Regional Planning Council, and the Palm Beach County Metropolitan Planning Organization. Such ~ promotion plan shall noe requ~r. identifv the Applicant~ eo contribution more ehan $6.000.00 per year during the Service Period to implement the promotional plan; and C. A procedure has been established and approved by the City of Boynton Beach and CoTran in consultation with the Treasure Coast Regional Planning Council for a quarterly monitoring report that monitors ridership levels, effectiveness of route(s) and schedule(s), and operating and maintenance costs. The monitoring program. shall be imitated within 90 days after the date of the Certificate of Occupancy is issued for the additional square footage of the Mall and continue for ehe Serv~ce Per~od a minimum of five vears. A determination re~ardin~ the continuation of the transit service after the como let ion of identified road and intersection imorovements in Conditions 12 and 13 shall be based uoon an evaluation of the auarterlv monitorin~ reoorts and existin~ levels of service on the roadwavs. No Certificate of OccuDancv shall be Bovnton Beach Mall Exoansion (Sears time as selected transit route(s) have for 30 davs. issued for the store) until such been in service iz. The service area for the following: transit, service to the Boynton Beach be provided Mall shall to the include 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 con.~d.r.e~on o~ service to Bethesda Memorial Hospital and consideration of service to 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 ~;~~;ngMet;~~~~t~an i~~::!~pltg;;~~iza~~~: ~:~ ~:i: :::~~ County T~affic Division ., B. The vehicle fleet a sufficient number of CoTran provide 20 minute headway; and shall be compatible comprised vehicles of to 1 c. Bus service shall begin 30 calendar days prior to the open~n. o~ ehe issuance of the Certificate of Oqcuoancv "for the Boynton Beach Mall Expansion~ eo ehe pub~~c. The intent df the identified routin~ and fleet size is to achieve a 3,693 vehicle trio reduction off the road~av net~ork ~ithin the Mall's service area. No Certificates Bovnton Beach time as selected for 30 davs. of OccuDancv shall be Mall EXDansio~ (Sears transit route(s) have issued. for the store) until such .been in servioe In 1. Supe~.c~~pt.d p....,.. .ubaJ.eeed text. ~ndJ.c.te. deZ.tJ.on. ~~or;;. 2. Underlined Dassa~es indicates additions to the text 8 MEMORANDUM 1/'. November 29, 1989 ., TO: Mayor and city Commission FROM: Timothy Cannon, Interim planning Director THROUGH: Ann Toney, Acting City Manager RE: Boynton Beach Mall Transit Impact study Ac~ompRnying thiE memorandum you will find a copy of the Boynton Beach Hall Expansion Transit Impact study as well the ."rf?asure CoaEt Regional Planning Council1s (TCRPC) recommendations with respect to the Development Order which \"lould allow tlle Boynton Beach Mall expansion (i.e., sears). The applicant (DiBartolo Corpol"Rtion) will indicate at the December 5 Commission meeting whether the TCRPC"S recommendations are acceptable. If the applicant finds the TCRPC recommendations to be accepta~Je, tlJEse recommendations would be incorporated into a Development Order which would require approval by the city Commission. ,z~ ~ ~'N~>' . Timoth~ P. Cannon ! I I j I I J l 1 .-'-"-.-.- TlitIT@r;l:~' ~~ ',. .~ .' ....,.. . '. ,. " ~'10 "~~tl'> / J';~~. :\I ",.Jl4!;Ji ~ , j L j ~-~:<'.~ treOJure ,.'O;r--.1~ '~. ~..:..t)'~ , , ,. re'gJonaJ . .or.... r' "-. ..' . . " ",' 'J ~ . ~ ~:Gl[tt ~0~/.D , . P;iQ' !t-\n1,t;n ~~ ~ ~ ?<, ~L~.~r~ ~L - .aU__ I II ~w ~~I w~ council ~i." ';l::>.~J .~~4;';' ~ November 27, 1989 1 t j Mr. Tim Canl'1cr: Interim Planning Director city of Boynton Beach Post Office Box 310 Boynton Beach, FL 3325-0310 Subject: Boynton Beach Mall Development of Regional Impact Substantial Deviation Dear Mr. Cannon: At the April 21, 1989, the Treasure Coast Regional Planning Council adopted the final Report and Recommendations for the Boynton Beach Mall Development of Regional Impact (DRI) Substantial Deviation. The report includes a condition which provides the opportunity for a transit-related solution to the identified roadway and inters>'?ction improvements necessa:::-y to maintain Council's adopted ::'cvel of service on the transportation network as a result of the proposed Mall expansion. In response to direction given by Council at its April meeting, the applicant in consultation with CoTran, Palm Beach County's Metropolitan Planning Organization and Engineering Department, and Treasure Coast Regional Planning Council began evaluating the transit potential in the Boynton Beach area. The resulting transit study seems to indicate that an adequate level of transit potential may exist wi thin close proximity of the Boynton Beach Mall to make transit ser~ice to the Mall one option to the improvements identified in Conditions 12 and 13 of the Boynton Beach Mall Report and Recommendations. Staff has developed the enclosed transit-related Conditions 16, 17, and 18 for the city's consideration as mitigation for the anticipated impact on the transportation system resul ting from Mall expansion. It is staff's opinion that these conditions adequately address Council's intent of maintaining acceptable levels of service on the regional roadway net"N'ork. Should the Regional Planning Council receive an amended 1 Development Order (DO) for the Boynton Beach Mall which i includes Conditions 16, 17, and 18 (as enclosed) in ; substi tution for the improvements identified in Conditions I 12 and 13 in the Report and Recommendations for ~~oynton ! \"-.. Beach Mall DRI Substantial Deviation, ~~ommend \ '. ~','=".'~:~ :~~: ~.~ ~;:~n ~:~~~:IVd. liOJ 29 _ '.:,:::: -: :,~,,~ :~~:.':Z;,;'~:~3';';" PlAN t>ll NG D e.PT. .. .Jr;.; .,:~i~;:.;' , - -- Mr. Tim Cannon Interim Planning Director City of Boynton Beach ,November 27, 1989 Page Two to Council that the amended DO for the Boynton Beach Mall Substantial Deviation be approved and that no appeal be taken. However, final policy decision will be made by Council. Also enclosed for your convenience are two additional modifications to the recommended conditions for development approval which were transmitted to the City on May 5, 1989. As you will note, these changes modify Conditions 1 and 15. Condi tion 1 nO"l includes the Boynton Beach Mall Expansion Transit Impact Study as part of the Application for Development Approval. Given the unforeseen delays in project approval, Condition 15 now reflects an extended termination date for issuance of building permits. Modifications to the conditions transmitted to the City on May 5 are shown in the strike-through, underline format. I trust the to the City Beach Mall questions, staff. enclosed conditions will be helpful to you and Commission as the amended DO for the Boynton is being evaluated. Should you have any please contact me or Teresa Cantrell, of my --- DMC:lhb Enclosure cc: J. Stansbury G. Schmidt A. Ennis J. Golden T. Marsicano C . ConcJ-:.an RECOMMENDATIONS If the City of Boynton Beach chooses to approve the proposed expansion to the Boynton Beach Mall Development of Regional Impact, it is the recommendation of the Treasure Coast Regional Planning Council that the following conditions or requirements are included in the Development Order or Development Order amendment issued by the City of Boynton Beach. APPLICATION FOR DEVELOPMENT APPROVAL 1. The Boynton Beach Mall Substantial Deviation Application for Development Approval is incorporated herein by reference. It is relied upon, but not to the exclusion of other available information, by the parties in discharging their statutory duties under Chapter 380, Florida Statutes. Substantial compliance with the representations contained in the Substantial Deviation Application for Development Approval, as modified by Development Order amendment conditions, is a condition for approval. For the purpose of this condition, Deviation Application for Development include the following items: the Substantial Approval shall 1 a. Substantial Deviation Application for Development Approval dated August 18, 1988; b. Supplemental information dated September 14, 1988; ana c. Supplemental information dated December 12, 1988 i and ~ Bovnton Beach Hall Expansion Transit Impact Studv, dated October 1989. 15. No additional building permits shall be issued after Beeembe~-3~7-~~B~ June 30, 1990, 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 Treasure Coast Regional Planning Council that demonstrates that the regional roadway network can accommodate 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 season, peak hour conditions. The traffic study shall: a. be conducted in the 1990 peak season (Januarv- March) i and 2 b. identify the improvements and timing of those improvements necessary to provide Level of Service C under annual average daily traffic condi tions and Level of Service 0 under peak hour, peak season conditions. 16. Should the ci tv of Boynton Beach determine that the transit mitiqation alternative as outlined below and.in Conditions 17 and 18 is more desirable than the network improvements required in Conditions 12-15, then no buildinq permits shall be issued for the Boynton Beach Mall Expansion (Sears store) until an oriqin/destination (0/0) survey has been conducted. Results of the survey shall clearly demonstrate where the transit ridership potential exists (origins) and identi fy which roadr,vay links (i.e., I-95 interchanqe, Boynton Beach Boulevard, Old Boynton Beach Boulevard, and Conqress Avenue, etc.) will be positively impacted bv provision of transit service to these areas and shall be evaluated and approved by the City of Bovnton Beach, CoTran, and Treasure Coast Reqional Planninq Council in consultation with the Palm Beach Countv Traffic Enqineering Department. The survey questionnaire and i~plementation methodoloqv shall be revieTl'led and approved by the city of Bovnton 3 Beach, CoTran, Palm Beach Countv, and Treasure Coast Reqional Planninq Council. 17. No buildinq permits shall be issued for the Bovnton Beach Mall Expansion (Sears store) until the followinq activities have been completed: ~ A service contract has been approved and siqned bV the ci tv of Bovnton Beach, the Palm Beach County Board of County Commissioners sittinq as the Cou~tv Transportation Authori tv, and the applicant which provides the level of transit service, includinq an appropriate promotional commitment, identified in Condition 18 for a minimum period of five years and a maximum neriod coverinq the completion of the identified road improvements in the Treasure Coast Reqional Plannina Council's final assessment report for the Bovnton Beach Mall Substantial Deviation Conditions 12 a~d 13. The' contract shall also include a financial plan for implementation and monitorinq of the transit route(s) includinq a secured fundinq commitment (defined as an irrevocable letter of credit or bond) and 1h A nromotional nlan outlininq facilitatinq, nublicizinq, and the strateqies for encouraqinq the use 4 of this new service shall be submitted and approved by the City of Boynton Beach and CoT ran in consul- tation with the Treasure Coast Reqional Planninq Council, Palm Beach County Metropolitan Planninq Orqanization; and ~ A procedure has been established and approved by the city of Boynton Beach and CoTran in consultation with Treasure Coast Reqional Planninq Council for a quarterly monitorinq report that monitors ridership levels, effectiveness of route(s) and schedule(s) , and 0peratinq and maintenance costs. The monitorinq proqram shall be initiated within 90 days of the date the certificate of occupancy is issued for the additional square for a minimum of footaae of the mall and continue five years. A determination regardinq continuation of the transit service after the completion of identi fied road and intersection improvements in Conditions 12 and 13 shall be based upon an evaluation of the quarterlv ~onitorinq reports and existina levels of service on the roadways. No certificates of occunancv shall be issued for the Bovnton Beach Mall Expansion (Sears store) until such ti~e as selected transit route(s) have been in se~lice for 30 days. 5 18. The transit seDlice to be provided to the service area for the Boynton Beach Mall shall include the followinq: ~ The route (s) shall consist of a combination of the proposed Routes A and B identified in the Bovnton Beach Mall Expansion Transit Impact studY, dated October, 1989, or the route(s) identified bv the survey referenced in Condition 16, includinq service to Bethesda Memorial Hospital and consideration of service to the Boynton Beach city Hall. The final route(s) selected shall be approved by the City of Boynton Beach, Palm Beach County sittinq as the County Transnortation Authority, and Treasure Coast Reqional Planninq Council in consul tat ion with the Palm Beach County Metropolitan Planninq Orqanization and Traffic Division; and ~ The vehicle fleet shall be comprised of a sufficient number of CoTran compatible vehicles to nrovide 20- minute headways; and ~ Bus serVlc:e shall begin 30 calendar days prior to the issu~nce of the Certificate of Occupancy for the Mall's expansion (Sears) The intont of the identified routinq and fleet size is to achieve a 3,693-vehicle trip reduction off the roadway network within the Mall's service area. 6 No certificates of occupancy shall be issued for the Boynton Beach Mall Expansion (Sears store) until such time as selected transit route(s) have been in service for 30 days. ~67 He-~~~~-~~~s--~harr-~-isstiecl--~~-k~-Bey~~e~ Beeeft--Marr-~~~r-~rbfrt-~-~~~--~~--has--oee~ cleme~s~~e~ecl-k~-~he-~~~~~~-~~-a~~re~ar-~--~fte ei~y--ef--Bey~~e~--Beeeft--aftcl--~~eestire--eeas~--Re~iefte~ P~e~~i~~-€eti~eil-~~~k~~~~it~-~~-Beaeh-eetift~y E~~inee~ift~---Be~a~~meft~---aftcl---Me~re~e~i~eft---P~eft~in~ er~eni~e~ien-~hn~-k~k~it-t7~-ar~erfta~}~e-eti~~iftecl be~ew-~il~--ecle~tie~e~y-~it-~~-~fte-~~-~--im~ee~s ~enere~ecl--~--~fte--~rnt~--Beaeh--~~---Stios~aft~ie~ Bevia~ien-ift-~~eti-~-~~~~~-~~~-arr-e~-~he reaclwey--eftcl--ift~ersee~ieft--im~revemeft~s--icleft~ifiecl--ift eencli~iens--r~-eftcl--r~-in-~~il~~-Bey~~eft-~-Ma~~ Stios~en~ie~-Bevie~ieft-Re~e~~-eftcl-Reeemmeftclaeiefts-ecie~~ecl en-A~ri~-z~,-~~~~~--~~-~~-~~~~-~~-aft~-~~ ne~-~n~~~~~~-~-~he-n~~reved-k~k-t7~-a~~erfta~ive sha~~-remeift-ift-fti~~-feree-aftcl-effee~7 a7 A-~~n~~~-~~-~ha~-aciclresses-k~-~~~~~Jt-aftcl jtiS~ifiee~ien--~ha~-~~-~~-~~~--~-tisecl--by ~ar~e~ed-pepti~n~~efls-~~~~~-r~~~~-fereees~ aftcl-evai~eoi~i~y-ef-e~tii~meft~-afte-meft~eWer7 7 b7 An--~efi~~~~ed-~-~-k~k--~e~~eis7--ana ~eftea~lef~T~~~-~~-se~v~ee--~e-k~-~~~/--and ~~~~e~nd~n~-~e~~dene~al-ne~~ftbe~fteed~7 e7 A--~~nane~al--plan--~e~--~fflpleffleneae~en--e~--e~an~~e ~e~v~ee--~fle~~rl4fl~--~-~--~Jfi&~~--eemm~emene fde~~ned-by-an-~~~eveeab~e-~eeee~-e~-e~ed~e-e~-benaT Wft~eft-~~~~~-~~~~efl~ee--~~~~-~~~~-~e-k~-mal~ ~ne~l-~~~-k~-~~-~~~~-~fi-eend~e~en~ lz-and-~=-ftave-been-een~e~tleeed7--F~na~n~-~ftall-al~e be-~eetl~ed-~e~-efte-fflen~ee~~n~-etie~~nea-beleW7 a7 Meefted~-ee-~ae~l~eaeeT-p~bl~e~~eT-ana-eneeti~a~e-ma~~ e~an~~e-~-~tteft-~~-~~~-e~-~-~ftelee~~T p~ev~~~eft-e~-bti~-~eep-~~~n~7-d~~e~~btie~eft-aftd-p~bl~e d~~play---e~--~--~~--~--ffi~SS---e~an~~e ~ft~e~mae~en7-~fteppe~-~ti~VeY~7-~neefte~Ve~T-eee7 e7 A--~a~~~ry--~~~~--~---~h~~---fflen~ee~~ ~~de~~ft~p--~~~~---e~~~~~~--e~--~~--aftd ~efted~le~7--~fle--~~~-~-~a~fi~fiafiee--ee~e~ ~nvelved7--~fte-ffleft~ee~~ft~-p~e~~am-~ftall-be-~n~e~aeea w~eft~ft--~-e~~s--ef-k~-epeft~ft~-~~-k~-add~e~ena~ ~~tla~e--feeea~e--ef--efte--ma~l--ana--eene~ntie--~fte~l ~mp~evemene~-~defte~~~ed-~n-eend~e~en~-~z-and-~=-ftave been---eempleeed7------A---deee~m~nae~en---~e~a~a~ft~ eene~ntiae~en--e~--k~-~~}t--~~~--af~e~--efte eemplee~en--~--~~~~~~-~--afi&--~ftee~~eee~en 8 imp~evemene~-~~--be-bes~-~-6n-~rurrt-~-ef efte-~~a~ee~iy-meniee~in~-~epe~e~-afte-e~i~ein~-ievei~ ef-~e~viee-en-efte-~eadwaY~7 Ne-~-~-~~-ef-~r-~fta%i-~-i~~~ed-~~-efte Beyfteen-Beaeft-Haii-S~b~eafte~ai-Beviaeien-~fteii-~~eft-e~~e a~--~~s--~---~he--~f6n~~~--~~-~~~~~--a~e impiemeneed-6nd-~h€-~~~~~~-r~-~-b~ift-~e~viee en-epefl~fl~-~4J~-~he-aclcli~ieftai-s~~~~~~~-efte maii7 9 treQlure co~t regional planniQg council November 27, 1989 Mr. Tim Cannon Interim Planning Director City of Boynton Beach Post Office Box 310 Boynton nea~h, FL 3325-0310 Subject: Boynton Beach Mall Development of Regional Tm~1~ ct SUb~t3!'tir) J. ')e"..T1.nt ~.cn Dear Iv:ir. Cannon: At the ~pr.il 21, 1989, the Treasure Coast Regional Planning Council adopted the final Report and Recommendations for the Boynton Beach Mall Development of Regional Impac't (DRI) Substantial Deviation. The report includes a condition which provides the opportunity fur a transit-related solution to the identified roadway and intersection i~prc~cm€~ts necessa~y to maintain C0~ncil's adopted IGvel of service on the transportation network as a result of the proposed Mall expansion. In response to direction given by COllncil at its April meeting, the ~pplicant in consultation with CoTran, Palm Beach County's Metropolitan Planning Organization and Engineering Department, and Treasure Coast Regional Planning Council began evaluating the transit potential in the Boynton Beach area. The resulting transit study seems to indicate that an adequate level of transit potential may exist within close proximity of the Boynton Beach Mall to make transit service to the Mall one option to the improvements identified in Conditions 12 and 13 of the Boynton Beach Mall Report and Re.:::ommendations. staff has developed the enclosed transit-related Conditions 16, 17, and 18 for the City's consideration as mitigat.ion for the anticipated impact on the transportation system re3ulting from Mall expansion. It is staff's opinion that these conditions adequately address Council's intent of maintaining acceptable levels of service on the regional roadway network. Should the Regional Planning Council receive an amended Development Order (DO) for the Boynton Beach~. Mall which includes Conditions 16, 17, and 18 (as enclosed) in substituti~n for the improvements iden~ified in ~.' ,'.,..:i:eRS--. ..' '. 12 and 13 .in the Report and RecommendatJ.ons for tItt~~~~1 Beach Hall DRI Substantial Deviation, staff would re~46l:!;U cJc;... ' , 1 1989 ,.. \~, ll91l.o PL~~,~;/\;_~vG ~bEPT! ~'_<";' Di;.pT. \ ------- -- ----- 3228 s.w. martin downs blvd. suite 205 . p.o. box 1529 palm city, florlda 34990 phone (407F'286 aSia- ?- 2-1- '-fllbP Mr. Tim Cannon Interim Planning Director City of Boynton Beach November 27, 1989 Page Two to Council that the amended DO for the Boynton Beach Mall Substantial Deviation be approved and that no appeal be taken. However, final policy decision will be made by Council. Also enclosed for your convenience are two additional modifications to the recommended conditions for development approval which were transmitted to the City on May 5, 1989. A5'; . you wi 11 'no.::e: these ,:,h2.!l~~s !.\0dify Conc,i tions 1 ;;Ar.d 15. Condition 1 110v1 includes the Bovnton Beach M'all Expansion Transit Impact Study as part of the Application for Development Approval. Given the unforeseen delays in project approval, Condition 15 now reflects an extended termination date for issuance of building permits. Modifications to the conditions transmitted to the City on May 5 are shown in the strike-through, underline format. I trust the enclosed conditions will be helpful to you and to the City Commission as the amended DO for the Boynton Beach Mall is being evaluated. Should you have any questions, please contact me or Teresa Cantrell, of my staff. DM:C:lh~ Enclosure cc: J. Stansbury G. Schmidt A. Ennis J. Golden T. Marsicano RECOMMENDATIONS If the City of Boynton Beach chooses to approve the proposed expansion to the Boynton Beach Mall Development of Regional Impact, it is the recommendation of the Treasure Coast Regional Planning Council that the following conditions or requirements are included in the Development Order or Development Order amendment issued by the city of Boynton Beach. APPLICATION FOR DEVELOPMENT APPROVAL 1. The Boynton Beach Mall Substantial Deviation Application for Development Approval is incorporated herein by reference. It is relied upon, but not to the exclusion of other available information, by the parties in disCharging their statutory duties under Chapter 380, Florida Statutes. Substantial compliance with the representations contained in the Substantial Deviation Application for Development Approval, as modified by Development Order amendment conditions, is a condition for approval. For the purpose of this condition, Deviation Application for Development include the following items: the Substantial Approval shall 1 a. Substantial Deviation Application for Development Approval dated August 18, 1988; b. Supplemental information dated September 14, 1988; ftlHi c. Supplemental information dated December 12, 1988; and sL.. Bovnton Beach Mall Expansion Transit Impact Studv. dated October 1989. 15. No additional building permits shall be issued after Beeember-3~7-~~B~ June 30. 1990, 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 Treasure Coast Regional Planning Council that demonstrates that the regional roadway network can accommodate 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 season, peak hour conditions. The traffic study shall: a. be conducted in the 1990 peak season (Januarv- March); and 2 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. 16. Should the citv of Bovnton Beach determine that the transit mitiqation alternative as outlined below and in Condi tions 17 and 18 is ltiOre desirable than the network improvements required in Conditions 12-15. then no buildinq permits shall be issued for the Bovnton Beach Mall Expansion (Sears store) until an oriqin/destination (O/D) survey has been conducted. Results of the survey shall clearlY demonstrate where the transit ridership potential exists (oriqins) and identifY which roadway links (i.e.. I-95 interchange. Bovnton Beach Boulevard. Old Bovnton Beach Boulevard. and Conqress Avenue. etc.) will be positivelY impacted bv provision of transit service to these areas and shall be evaluated and approved bv the City of Bovnton Beach. CoTran. and Treasure Coast Reqional Planninq Council in consultation with the Palm Beach County Traffic Enqineerinq Department. The survey questionnaire and implementation methodoloqv shall be reviewed and approved bv the ci tv of Bovnton 3 Beach. CoTran. Palm Beach County. and Treasure Coast Reqional Planninq Council. 17. No buildinq perIni ts shall be issued for the Boynton Beach Mall Expansion (Sears store) until the followinq activities have been completed: ~ A service contract has been approved and siqned by the ci ty of Boynton Beach. the Palm Beach County Board of County Commissioners sittinq as the County Transportation Authority. and the applicant which provides the level of transit service. includinq an appropriate promotional commitment. identified in Condition 18 for a minimum period of five years and a maximum period coverinq the completion of the identified road improvements in the Treasure Coast Reqional Planninq Council's final assessment report for the Boynton Beach Mall Substantial Deviation Conditions 12 and 13. The contract shall also include a financial plan for implementation and monitorinq of the transit route(s) includinq a secured fundinq commitment (defined as an irrevocable letter of credit or bond): and ~ A promotional plan outlininq the strateqies for facilitatinq. pUblicizinq. and encouraqing the use 4 of this new service shall be submitted and approved bv the city of Bovnton Beach and CoT ran in consul- tation with the Treasure Coast Reqional Planninq Council. Palm Beach County Metropolitan Planninq Orqanization: and ~ A procedure has been established and approved bv the ci tv of Bovnton Beach and CoTran in consultation with Treasure Coast Reqional Planninq Council for a quarterlY monitoring report that monitors ridership levels . effectiveness of route (s) and schedule (s) . and operatinq and maintenance costs. The monitoring proqram shall be initiated within 90 days of the date the certificate of occupancy is issued for the additional square footaqe of the mall and continue for a minimum of five years. A determination reqardinq continuation of the transit service after the com-pletion of identified road and intersection improvements in Conditions 12 and 13 shall be based upon an evaluation of the quarterlY monitorinq reports and existinq levels of service on the roadways. No certificates of occupancy shall be issued for the Bovnton Beach Mall Expansion (Sears store) until such time as selected transit route(s) have been in service for 30 days. 5 18. The transit service to be provided to the service area for the Bovnton Beach Mall shall include the followinq: ~ The route(s) shall consist of a combination of the proposed Routes A and B identi f ied in the Bovnton Beach Mall Expansion Transit Impact Studv. dated October. 1989. or the route (s) identified bv the survey referenced in Condition 16. includinq service to Bethesda Memorial Hospital and consideration of service to the Bovnton Beach city Hall. The final route(s) selected shall be approved bv the City of Boynton Beach. Palm Beach County sittinq as the County Transportation Authoritv. and Treasure Coast Reqional Planninq Council in consultation with the Palm Beach County Metropolitan Planning Orqanization and Traffic Division; and ~ The vehicle fleet shall be comprised of a sufficient number of CoTran compatible vehicles to provide 20- minute headwavs; and ~ Bus service shall beqin 30 calendar days prior to the issuance of the certificate of Occupancy for the Mall's expansion (Sears). The intent of the identified routinq and fleet size is to achieve a 3.693-vehicle trip reduction off the roadway network within the Mall's service area. 6 No certificates of occupancy shall be issued for the Bovnton Beach Mall Expansion (Sears store) until such time as selected transit route(s) have been in service for 30 days. ~6~ Ne-~~~~-~~~--~ftarr-~-i55Hed--~~-~~-Beyft~eft Beaeft-~arr-~~r-~~~-~~~--~~--ha5--~eeft demeft5~ra~ed-~-~he-~~~~~~-~~-a~~?~~ar-~--~he ei~y-- ef -.- BeYf\~eft-- Beaeh-'-af\d --lfreal!!lHre --eeal!!l~--Re~iefta3: P3:aftftift~-€eHftei~-~~~~~~~~~-~~-Beaeft-eeHft~y Eft~ifteerift~---Be~ar~meft~---aftd---Me~re~e3:i~aft---p3:aftftift~ er~afti~a~ieft-~ha~-~~k~~~~-ar~?fta~~~-eH~3:ifted ~e3:ew-;r~~-ade~a~e3:y-~~bgftt~-~he-~}t-~-im~ae~l!!l ~eftera~ed--~--~he--~~--Beaeh--~---SH~l!!l~aft~ia3: Bevia~ieft-ift-~~eti-~-~~~~~~~~~rr-e~-~he readway--aftd--ift~er5ee~ieft--im~revemeft~l!!l--ideft~ified--ift eeftdi~ieftl!!l-~~-aftd--~-ift-~~J~-Beyft~eft-~-Ma3:3: SH~l!!l~aft~ia3:'-Bevia~ieft-Re~er~-aftd-Reeemmeftda~ieftl!!l-ade~~ed eft-A~ri3:-~~7-~9~9.--~~~~~~-rc-a~-%3 "e~-~a~~~~~ed-~-~fte-a~~~eved-~~~-~~-a3:~erfta~ive l!!lha3:3:-remaift-ift-fH3:3:-feree-aftd-effee~~ a~ A-~'ra:fl~~'t.-~-~fta~-addre55e5-~~-~i:b-i-r~-aftd ;Hl!!l~ifiea~ieft--~fta~-~~-~~-~~~--~-H5ed--~y ~ar~e~ed-~~a~~efl5-~~~~~-~~~~-fereeal!!l~caftd-avai3:a~i3:i~y-ef-e~Hi~meft~-aftd-ma"~ewer~ 7 b7' A"--i:deft-e-i:-~~-~--epproved--"t~:t.--~e-tl-4:.e~'57--a"d 5efted~lef5t-4:~-~~-5e~~ee--~-k~-~~~,--a"d 5~~~e~"d~"g-~e5~deft~~al-"e~~ftbe~fteed57' e7' A--f~"a"e~al--~laft--fe~--~m~lemeft~a~~e"--ef--~~aft5~~ 5erv~ee--~fte~ti~~ftg--~-~--~~--eemm~~me"~ fdef~"ed-by-a"-~~~eveeable-le~~e~-ef-e~ed~~-e~-be"dt wft~eft--w-:k-}-}-- ~ti'6.~'6.ft-4:.ee---e-~i--e--~~-~--t-he--mall ~"~~1-'6.~~-"t~-~-~i-~~-i:-ft-ee"d~~~eft5 i~-afta-i3-ftave-beeft-eeftS~~~e~ed7'--F~ftd~ftg-5ftall-a15e be-5ee~~ed-fe~-~fte-meft~~e~~ft~-e~~1~"ed-belew7' d7' Me~fted5-~e-fae~1~~a~eT-~~bl~e~~eT-a"d-e"ee~~age-ma55 ~~aft5~~-~-~~h-'6.~-~~~-e~-~-5ftel~e~5T ~~eV~5~e"-ef-b~5-5~e~-5~~ft5T-d~5~~~b~~~e"-aftd-~~bl~e d~5~laY---6~--~--~~--~--m'6.'5'5---~ra"S~~ ~"ferma~~eftT-5fte~~e~-5~rveY5T-~"eeft~~Ve5T-e~e7' e7' A--~~~~~--~it~~--~----4:.ft'6.-4:.---me"~~er5 ~~de~5ft~~--~~~--~~~~~~--~--~--a"d 5efted~le5T--'6.ft~--~~~-~-~~i-ft~~ftee--ee5~5 ~"velved7'--~fte-meft~~e~~ft~-~~e~~am-5ftall-be-~"~~~a~ed W~~ft~"--~-6'6.Y'5--6~--t-he--e~e"~"~-~~-"t~-add~~~e"al 5~~a~e--fee~a~e--ef--~fte--mal%--aftd--eeft~~"~e--~ft~~1 ~m~~eVemeft~5-~de"~~f~ed-~"-eeftd~~~eft5-i~-aftd-i3-ftaVe bee"---eem~le~ed7'------A---de~erm~"a~~e"---~e~a~d~"~ ee"~~"~a~~e"--~--~~-k~~-~~~--~~~~--~fte eemple~~e"--~--~~~~~~-~--~~--~"~e~5ee~~e" 8 \ im~reveme"~s-~~--be-be~~-~-afl-~~~-er ~he-~~ar~erly-mefti~erift~-re~er~s-a"d-exis~ift~-levels er-serviee-eft-~he-readways. Ne-~~-er-~-shall-~-iss~ed-~-~he Bey"~e"-Beaeh-Mall-S~~s~aft~ial-Bevia~ieft-~"~il-s~eh-~ime as--~~~--~--~he--~~afl5~~--~~-~~~~--are im~leme"~ed-afld-~h~~~~~~-~~-~-b~i~-serviee eft-e~fl4fl~-~~~-~fte-addi~~eftal-~~~~~~~~-~he mall. 9 , J ./ MEMORANDUM 4 18 February 1989 , . TO: Peter L. Cheney, City Manager FROM: Carmen S. Annunziato, Planning Director RE: Traffic Impact Analysis - Boynton Mall Substantial Deviation Several months ago the DeBartolo Corporation submitted to the City and the Treasure Coast Regional Planning Council (TCRPC) a request to add a sixth major store to the mall. This request, because of its size and the nature of the approval of the mall (Development of Regional Impact) required review and comment by the TCRPC. Prior to the TCRPC commencing its formal review, the application materials are subjected to a sufficiency review by the Region's staff. In this regard, it is expected that the application will be determined to be sufficient in the very near future, and the formal review will start. Included in the materials submitted to the City is a very detailed traffic impact analysis. This analysis will be reviewed by both the Region and the County; however, neither the Region nor the County will be reviewing the traffic analysis for consistency with the City's adopted and proposed Comprehensive Plan goals, objectives and policies. In the past, the City has contracted with Walter H. Keller, Jr. to act as the City's expert in the review of these highly technical reports, and it is recommended that we secure his services to act in the City's behalf in this regard. I have discussed this with Mr. Keller, and he has agreed to complete a review of the documents to include an analysis of consistency with the City's Comprehensive Plan for not more than $1,800. Please place this matter on the next available City Commission Agenda for review and approval. ~ .-/l WN~ CARMEN S. UNZIATO , Sears/bks J cc: Jim Golden Central File 1 HODGSON, Russ, ANDREWS, WOODS & GOODYEAR (A PARTNERSHIP INCLUDING PROF"ESSIONAL ASSOCIATIONS) ATTORNEYS AT LAW 2000 GLADES ROAD, SUITE 400 BOCA RATON, FLORIDA 33431 BOCA RATON (407) 394' OSOO PALM BEACH (407) 736' 2177 BROWARD(30S)764'2440 F"AX(30S)427'4303 PARTNERS ADMITTED IN FL.ORIDA PARTNERS NOT ADMITTED IN FL.ORIOA ..JAMES A.. PORTER * CORMAC C, CONAHAN * LARRv CORMAN * DONALO C, LUBICK H, KE:NNE:TH SCHROE:OE:R, .JR, ANTHONY L. DUTTON CHARLE:S C, HAHN STE:PHE:N M. NE:WMAN OIANNE: BE:NNETT .JOHN P AME:RSHAOIAN DIANE ..J. McMAHON GARRY M, GRABE:R MARK S. KLEIN BUF"F"ALO OF"F"ICE: 1800 ONE M & T PLAZA BUFFALO. NY 14203 (716) 8S6-4000 VICTOR F"UZAK GOROON A, MACLE:OO .JOHN C. BARBE:R, .JR CHRISTIAN G, KOE:LBL, m L.ANCE ,J. MAODEN WARD B HINKI-E ROBERT e. F'LEMING. JR. TOOO M. .JOSE:PH ALLE:N H, BEROZA QAVID KOWALSKI 1=". WILLIAM GRAY, m ANNE SMITH StMET KENNETH P. FRIEDMAN KE:NNE:TH F'. BARONE: TERRY C, BURTON .JE:RROLO S, BROWN TIMOTHY P. .JOHNSON RICK WILLIAM KENNEDY .JEF'F'RE:Y w, STONE: BENJAMIN M. ZUF'F'RANIERI, .JR. RICHARD A. GOETZ. P,A. * CHARLES T. BARKER. p,"'. * LAWRENCE F' BEYER * RICHARO E. HEATH ,JAMES M. WADSWORTH WILLIAM H. GARDNER ROBE:RT B. CONKLIN PAUL R, COME:AU RICHARQ 1='", CAMPBELL. PAMELA QAVIS HEILMAN .JE:ROME: 0, SCHAO MARK G. SPELMAN MELISSA M. MAY WASHINGTON OF"F"ICE: SUITE 1201 1401 NEW YORK AVENUE, N,W, WASHINGTON, DC 200015 (202) 347 - 9898 ASSOCIATES ADMITTED IN F"LORIDA ALICE A, .JOSEF'F"ER EOWARD L. ARTAU . CAROL e. HAIGHT. . RESIDENT IN F"LORIDA November 17, 1989 Mayor Gene Moore and City Commissioners City of Boynton Beach 120 E. Boynton Beach Boulevard Boynton Beach, FL 33435 Dear Mayor and City Commissioners: Re: Boynton Beach Mall Proposed Sears Store Boynton-JCP Associates Ltd. ROBERT M. WALKER R. WILLIAM LARSON DAVID E. HALL HARRY G. MEYER KARL W. KRISTOF"F DANIEL R. SHARPE PAUL D. PEARSON ROBERT w, KELLER DAVID A, FARMELO GARY M. SCHOBER PAUL I. PEARLMAN STEVEN O. SCHNEIDER LOUIS A, NAUGLE PE:TE:R A. MUTH E:OWARO C, NORTHWOOO SUSAN .J. EGLOF'F" WIL..LIAM C. MORAN ROBERT oj. LANE. ,JR. ELLEN V. WEISSMAN This firm represents Boynton-JCP Associates, Ltd. in connection with Applications for Site Plan approval, Rezoning Application approval and Comprehensive Plan Amendment and Amended Development Order for the Boynton Beach Mall. Under Section 380.06(15)(a), Florida Statutes, only the Applicant has the right to request an extension on time for the City Commission to act upon the Treasure Coast Regional Planning Council's report and recommendation. The City Commission previ- ously extended until Novemnber 21st the time for the City Commis- sion to act upon the Amended Development Order. As you know, the Applicant has been pursuing mass tran- sit alternatives for the traffic recommendations of the Treasure Coast Regional Planning Council. To allow further time to com- plete the study and present it to the Treasure Coast Regional Planning Council staff, the Applicant respectfully requests a further extension of time and postponement of the matters relating to the Boynton Beach Mall presently on the November 21st agenda to and until the December 5, 1989 City Commission meeting. RECEIVED' ,~ov 20_ Pi[1A~WH'ffi ;OSPfr. - HODGSON, Russ, ANDREWS, WOODS & GOODYEAR Mayor and City Commissioners Page 2 Unless we hear otherwise, we will assume this matter has been postponed and will not be present at the November 21st City Commission meeting. Very truly yours, y~~ Cormac C. Conahan mf ./ HODGSON, Russ, ANDREWS, WOODS & GOODYEAR (A PARTNERSHIP INCLUDING PROF"ESSIONAL ASSOCIATIONS) ATTORNEYS AT LAW 2000 GLADES ROAD, SUITE 400 BOCA RATON. FLORIDA 33431 BOCA RATON (407) 394 - 0500 PALM BEACH (407) 736 '2177 BROWARD (305) 764-2440 F"AX (305) 427'4303 PARTNERS ADMITTED IN F'LORIOA PARTNERS NOT ADMITTED IN F'L.ORIDA ..JAMES A, PORTER. CORMAC C. CO"'AHAN · L..ARRY CORMAN * DONALD C. LUB'C>< H, KENNETH SCHROEDER. ..JR, ANTHONY L. OUTTON CHARLES C. HAHN STEPHEN M, NEWMAN OIANNE BENNETT .JOHN P. AMERSHAOIAN DIANE..). MCMAHON GARRY M, GRABER MARK 5, KLEIN RICHARO A. GOETZ. ~.A. . CHARLES T, BARKER, P,A, . LAWRENCE F". BEYER * RICHARO E. HEATH ..JAMES M. WADSWORTH WIL..LIAM H GARDNER ROBERT B CONKLIN PAUL R, COMEAU RICHARO F. CAMPBEL.L. PAMELA DAVIS HEIL,MAN .JEROME D. SCHAD MARK G. SPELMAN MELISSA M. MAY BUF"F"ALO OF"F"ICE, IBOO ONE M & T PLAZA BUFFALO. NY 14203 (716) 656 -4000 VICTOR F"UZAK GORDON A. MACLEOD .JOHN C, BARBER, .JR, CHRISTIAN G. KOELBL.. m LANCE ..J. MADDEN WARD B. HINKLE ROBERT B. FLEMING. ..lR. TODO M. .JOSEPH AL.LEN H. BEROZA OAvID KOWALSKI F". WILL-lAM GRAY, m ANNE SMITH SIMET KENNETH p, F"RIEDMAN KENNETH F", BARONE TERRY C, BURTON .JERROLO S, BROWN TIMOTHY P. .JOHNSON RICK WILL.IAM KENNEDY .JEF"F"REY W, STONE BEN,JAM1N M. ZUFF"RANIER1. ..JR. WASHINGTON OF"F"ICE: SUITE 1201 1401 NEW YORK AVENUE, N,W, WASHINGTON. DC 200015 (202) 347- 9696 ASSOCIATES ADMITTED IN F"L.ORIOA ALICE A, ..JOSEF"F"ER EOWARO L. ARTAU . CAROL e. HAIGHT. . RESIOENT IN F'LORIDA October 13, 1989 Mayor Gene Moore and City Commissioners City of Boynton Beach 120 E. Boynton Beach Boulevard Boynton Beach, FL 33435 Dear Mayor and City Commissioners: Re: Boynton Beach Mall Proposed Sears Store Boynton-JCP Associates Ltd. ROBERT M, WALKER R. WILLIAM LARSON DAVIO E. HALL HARRY G. MEYER KARL W. KRISTOFF' DAN IEL R. SHARPE PAUL O. PEARSON ROB ERT W KELLER DAVID A. F'ARMELO GARY M. SCHOBER PAUL I. PEARLMAN STEVEN D, SCHNEIDER LOUIS A, NAUGLE PETER A. MUTH EOWARO C, NORTH WOOD SUSAN .J EGLOFF" WILLIAM C. MORAN ROBERT.J, LANE. ..JR. ELLEN V. WEISSMAN This firm represents Boynton-JCP Associates, Ltd. in connection with Applications for Site Plan approval, Rezoning Application approval and Comprehensive Plan Amendment and Amended Development Order for the Boynton Beach Mall. Under Section 380.06(15)(a), Florida Statutes, only the Applicant has the right to request an extension on time for the City Commission to act upon the Treasure Coast Regional Planning Council's report and recommendation. The City Commission previ- ously extended until October 17th the time for the City Commis- sion to act upon the Amended Development Order. As you know, the Applicant has been pursuing mass tran- sit alternatives for the traffic recommendations of the Treasure Coast Regional Planning Council. To allow further time to com- plete the study and present it to the Treasure Coast Regional Planning Council staff, the Applicant respectfully requests a further extension of time and postponement of the matters relating to the Boynton Beach Mall presently on the October 17th agenda to and until the November 21, 1989 City Commission meet- ing. RECEIVED ocr 18 1989 PLANNJNG DEPT. HODGSON, Russ, ANDREWS, WOODS & GOODYEAR Mayor and City Commissioners Page 2 Unless we hear otherwise, we will assume this matter has been postponed and will not be present at the October 17th City Commission meeting. Very truly yours, ~tti- Cormac C. Conahan mf HODGSON, Russ, ANDREWS, WOODS & GOODYEAR (A ~ARTNERSHI~ INCLUDING ~ROF'ESSIONAL ASSOCIATIONS) ATTORNEYS AT LAW 2000 GLADES ROAD. SUITE 400 BOCA RATON. FLORIDA 33431 BOCA RATON (407) 394'0500 ~ALM BEACH (407) 736' 2177 BROWARD (30S) 764-2440 F'AX(30S)427'4303 PARTNERS ADMITTED IN F'L.ORIQA PARTNERS NOT AOMITTED IN F"l...ORIO'" .JAMES A. PORTER * CORMACC,CONAHAN' LARRY COR"'AN . DONALD C. LUBICK H, KENNETH SCHROEDER, .JR, ANTHONY L, DUTTON CHARLES C, HAHN STEPHEN M, NEW...AN DIANNE BENNETT .JOHN P. AMERSHADIAN DIANE oJ. MCMAHON GARRy..., GRABER MARK S, KLEIN RICHARO A, GOETZ. 1=>."'. * CHARL.ES T. BARKER. P... * LAWRENCE F. BEYER. RICHARD E. HEATH .JAMES M. WADSWORTH WILLIAM H. GARDNER ROBERT B, CONKLIN ~AUL R, COMEAU RICHARD F. CAMPBELL PAMELA DAVIS HEILMAN .JEROME D. SCHAD MARK G, S~EL.MAN MEL.ISSA M. MAY BUF'F'ALO OF'F'ICE: 1600 ONE M & T ~LAZA BUFFALO. NY 14203 (716) 656 -4000 VICTOR F'UZAK GORDON A, MAcL.EOD .JOHN C, BARBER, .JR. CHRISTIAN G, KOEL.BL., m L.ANCE .J, MADDEN WARD e. HINKLE ROBERT B. F'L.EMING, .JR. TODD M, .JOSE~H AL.L.EN H, BEROZA DAVID KOWALSKI F'. WILLIAM GRAY, m ANNE SMITH SIMET I'<.ENNETH P. FRIEDMAN KENNETH F', BARONE TERRY C, BURTON .JERROL.D S, BROWN TIMOTHY~. .JOHNSON RICK WILLIAM KENNEDY .JEF'F'REY W, STONE BENJAMIN M. ZUF'F'RANIERI, .JR. WASHINGTON OF'F'ICE: SUITE 1201 1401 NEW YORK AVENUE, N,W, WASHINGTON, DC 200015 (202) 347 - 9898 ASSOCIATES AOMITTEO IN FL.ORIOA ALICE A, .JOSEF'F'ER EOWARD L. ARTAU . CAROL B. HAIGHT. . RESIDENT IN F'LQRIDA October 2, 1989 Mayor Gene Moore and City Commissioners City of Boynton Beach 120 E. Boynton Beach Boulevard Boynton Beach, FL 33435 Dear Mayor and City Commissioners: Re: Boynton Beach Mall Proposed Sears Store Boynton-JCP Associates Ltd. RDBERT M. WAL.KER R. WIL.L.IAM LARSON DAVID E. HAL.L. HARRY G. MEYER KARL. W. KRISTOF'F' DANIEL. R, SHAR~E F'AUL. 0, ~EARSON ROBERT W, KEL.LER DAVID A, F'ARMEL.O GARy..., SCHOBER PAUL I. PEARL.MAN STEVEN 0, SCHNEIDER L.OUIS A, NAUGL.E PETER A. MUTH EDWARD C, NORTHWOOD SUSAN .J, EGL.OF'F' WIL.LIAM C. MORAN ROBERT .J, L.ANE' .JR, EL.LEN V. WEISSMAN This firm represents Boynton-JCP Associates, Ltd. in connection with Applications for Site Plan approval, Rezoning Application approval and Comprehensive Plan Amendment and Amended Development Order for the Boynton Beach Mall. Under Section 380.06(15){a), Florida Statutes, only the Applicant has the right to request an extension on time for the City Cornmission to act upon the Treasure Coast Regional Planning Council's report and recommendation. The City Commission previ- ously extended until October 3rd the time for the City Commission to act upon the Amended Development Order. As you know, the Applicant has been pursuing mass tran- sit alternatives for the traffic recommendations of the Treasure Coast Regional Planning Council. To allow further time to com- plete the study and present it to the Treasure Coast Regional Planning Council staff, the Applicant respectfully requests a further extension of time and postponement of the matters relating to the Boynton Beach Mall presently on the October 3rd agenda to and until the October 17, 1989 City Commission meeting. 1D l'G'r. Di:~.r E- D .1.C~'..._d!_..r.L VI . OCT .2 1889 PLANNiNG OEPT. - :--:'!Il" ." HODGSON, Russ, ANDREWS, WOODS & GOODYEAR Mayor and City Commissioners Page 2 I will be present at the October 3rd City Commission meeting should there be any questions. mf Very truly yours, C~O~ Cormac C. Conahan t~L jJt,fdL ~.Ji ~ ~ 10 /9&'1 ~u ~.~ Y::::/i c:: C7 L DEN ,!i:vi oZ1;rO SZ}d Y/,t'CO . ~ ;,z,Je5fCJ'1A..L:> . &/-1-1'/ J-4-{/>S'#;f~;Y 1I/-L-III\!' ,4. 2NI\JJ> (J1..r +7 Q QS ~ ~ r~ TC,efJC-- d [&-3315 . c..::; II c F !3 0'(>> ,;o,AJ 7'70 -7i..i-Qr. ~ ....-' f:J {i.'-' ~~r<:'" -rCf2.?C pe' ;&..r:/P~? Ci~eJAI ee:... ~ G,e(Y/ A/6"YC.. r: 8. CoUNTy }C 6? Pc- ~~, - 'J"3 / 'J ',~-33J~ f'/ .3 ,; 27 .3'2 9' Y @:> ~8"!" /7/1 ' '" k l.., #7 G'fl4--4cJ30 l.r'-~313 treOlure co~t regional planniQg council ..,... RECEIVED SEP 8 1989 PLANNING DEPT. September 7, 1989 Mr. Tom Marsicano Greiner Engineering, Inc. P.O. Box 31646 Tampa, FL 33630-3416 Subject: Boynton Beach Mall Development of Regional Impact Substantial Deviation--Transit Impact Study Dear Tom: council staff has reviewed the Transit Impact study submitted on August 11, 1989. This study is intended to address the potential for more intense transit service serving the mall and adjacent residential areas. Review of the Transit Impact Study identified several serious flaws in the methodology used to project existing and future transit potential. Council believes that transit may provide a viable alternative to private automobile usage in this particular situation; however, little evidence has been provided in the study which demonstrates that transit can be supported as an alternative mode of transportation. Until the concerns identified below can be adequately addressed .and resolved, transit cannot be considered as an acceptable substitution for the improvements identified in Council's Report and Recommendations for the Boynton Beach Mall Substantial Deviation. Ridership Assumptions While it is true that Palm Beach County's transportation system is providing a one percent systemwide modal split, this assumption can not be used to evaluate existing or future transit ridership potential for specific routes for several reasons. First, the one percent modal split is based on a 60-minute headway level of transit service. Individual routes providing more frequent service (i.e., 30- minute or less headways) should be examined to determine if more frequent service will result in an increase in ridership levels. Second, the study does not target the potential ridership which may exist wi thin the retirement communi ties located within close proximity of the mall. The study did identify areas where the socioeconomic characteristics of the residents indicate a strong transit potential; however, an 3228 s.w. martin downs blvd. sull. 205 . p.o. box 1529 palm city, florlda 34990 phone (407) 286-3313 Mr. Tom Marsicano September 7, 1989 Page Two on-site origin/destination study of the mall's on-site clientele, with questions as to their present travel habits and attitudes toward transit usage, would produce valuable data in determining the potential success of the proposed transit alternative. Furthermore, without consideration of the elderly population in Boynton Beach, the study ignores an important segment of the population that could take advantage of this type of transportation alternative. Third, the study does not assume any transfer potential (although within the actual route description, transfers are mentioned). Greater transit ridership could be generated by providing quick and convenient opportunities to transfer for the proposed routes to mainline service and vice versa. Encouraging transfers makes transit a more attractive and competitive alternative to the automobile. Capacity Assumptions The study relies on several capacity assumptions which understate the capacity of each transit vehicle. It also assumes a maximum capacity of 46 passengers per vehicle, while the transit industry typically assumes a maximum of 70 passengers per vehicle (including seats and standing room). This difference alone increases the ridership potential almost two-fold. Also, the study assumes a ten-hour-a-day operating schedule when the mall is open from 10:00 A.M. to 9:00 P.M. (ll-hour day). Insuring service to the mall employees would require the routes to operate between 9:00 A.M. and 9:30 P.M., a 12 1/2-hour day. Extending the hours of operation would further increase the potential for transit patronage. Proposed Service & Routes Once it has been determined that the potential exists to make transit a viable alternative, then the service to be provided must be attractive enough for the targeted resident to choose public transit. The study assumes a two-bus, two- route network on 30-minute headways; however, there are three different route/service areas identified in the study. Further evaluation may identify the need for a three-bus network operating on 15- to 20-minute headways. This level of service may be needed to provide the incentive necessary to capture the passenger level necessary to mitigate the projected increase in mall impacts resulting from the expansion. The routes suggested in the plan do not appear to provide service to several of the areas identified as having a high patronage potential. Mr. Tom Marsicano September 7, 1989 Page Three Transit Imoact Study Recommendations Recommendations 1 and 2: The study's recommendations are based on the assumption of a two-bus, three-year proj ect. This assumption is premature and appears to fall far short of meeting the intent of Condition 16 in Council's Report and Recommendations. The number of buses and routes needed to provide the level of service required to mitigate the identified roadway improvements has not been thoroughly investigated, nor has it been approved by any of the reviewing agencies; i.e., Treasure Coast Regional Planning Council (TCRPC), Palm Beach County Metropolitan Planning Organization (MPO), Palm Beach County Traffic Division. Condition 16 clearly states that any transit service provided as a result of this condition will be serving the mall until all improvements identified in Conditions 12 and 13 have been constructed. The time-frame for mall transit service has not been determined via Condition 16 or approved by the appropriate agencies. Recommendation 3: Recommendation 3 also appears to be premature. The transit option was provided by the Region as mitigation for additional mall impacts and not as a temporary fix that will result in unacceptable operating conditions three years into the future. Council does not assign financial responsibility for recommended transportation improvements; rather that the improvements are provided concurrent with impact. By requiring that improvements are let for construction when building permits are issued and improvements are completed prior to issuance of certificates of occupancy, Council guarantees roadway capacity is available to accommodate development impacts at Council's adopted level of service standard. In this instance, no such guarantee has been provided through the assumed three-year, two-bus service arrangement. Recommendation 4: No additional expansion of the existing mall facility can proceed until assurances are provided that an adequate level of transit service will be provided to satisfactorily address Conditions 12, 13, and 16 as contained in Council's Report and Recommendations for the Mr. Tom Marsicano September 7, 1989 Page Four Boynton Beach Mall Substantial Deviation. Similar to payment of impact fees, the participation in a demonstration project does not insure that the necessary capacity or level of service will be provided concurrent with impact. In reference to the last sentence in Recommendation 4 and consistent with Council policy, trips generated by the proposed expansion of the Boynton Beach Mall will not impact the roadway network unless: 1) All the improvements identified in Council's report and recommendations for the Boynton Beach Mall Substantial Deviation have been let for construction; or 2) A transit program servicing the mall at an approved level of service is in operation or is planned to be in operation for opening day of the mall addition. Recommendation 5: In order to encourage transit ridership and for rider convenience, location of the mall's bus stop must be sited in the most transit advantageous location. The proposed site should be agreed upon by both Cotran, Palm Beach County MPO, and the TCRPC. Consistency with Report and Recommendations In recognition that roadway expansion may not always be the best solution to traffic congestion issues, Council approved in its Report and Recommendations for the Boynton Beach Mall, an opportunity for a transit alternative (Condition 16). Council's intent when approving Condition 16, was to insure that its adopted level of service (LOS C/O) was maintained on the Regional roadway network while encouraging an al ternati ve transportation opportunity. Two approaches considered by Council in addressing maintenance of levels of service were facility expansion and provision of transit. Conditions 12 and 13 provide for LOS C/O by requiring physical expansion of existing roadway facilities. Condition 16 offers the applicant and the City, the alternative of providing increased transit service to the mall to mitigate impacts from the proposed mall expansion. However, for transit to be competitive to the automobile, the service must be convenient, reliable, frequent, affordable, secure, and comfortable. Mr. Tom Marsicano September 7, 1989 Page Five Condition 16 in Council's adopted Report and Recommendations provides a basis for the development of an effective transit program to serve the Boynton Beach Mall as well as the basis for the formulation of acceptable Development Order conditions Please note that Condition 16 calls for a commitment to provide transit until all the improvements identified in Conditions 12 and 13 have been constructed. This time frame may, in all likelihood, be longer than the three years referenced in the Transit Impact Study. It would be more realistic to assume a minimum of a five- to seven-year commitment. Further, reliance on Palm Beach County's Traffic Performance Standard as a measure of the minimum level of transit service to be provided is not consistent with the Report and Recommendations adopted by Council. When and if the potential for increased transit service is demonstrated to the satisfaction of the City of Boynton Beach, Palm Beach County Traffic Division, Palm Beach County MPO, CoTran, and the TCRPC, Council staff would appreciate the opportunity to work with you and the Ci ty to develop appropriate Development Order conditions which adequately address Condition 16 of the Boynton Beach Mall Substantial Deviation Report and Recommendations. Should you have any questions regarding staff's comments, please contact me. Sincerely, ;;J-tf, I? C&tL -k/!(} ~esa rI. - cantr~fl Regional Planner cc: C. Annunziato G. Schmidt J. Stansbury C. Walker R. Whitfield D. Grecco I. Cure treOlure co~t regional planniQg council August 28, 1989 Mr. Carmen S. Annunziato Planning Director City of Boynton Beach P.O. Box 310 Boynton Beach, FL 33435 Subject: Boynton Beach Mall Development of Regional Impact Substantial Deviation--Transit Impact Study Dear Carmen: In follow-up to our telephone conversation last week, enclosed is a copy of the Boynton Beach Mall Expansion Transit Impact Study submitted to Council on August 11, 1989. Staff is in the process of reviewing this document to determine if transit potential exists within the primary impact area of the Boynton Beach Mall. Should the potential for increased transit service be demonstrated in this study, Council staff would like the opportunity to work with your staff to develop appropriate Development Order conditions which will adequately address Council concerns and Condition 16. I look forward to working with you and your staff in resolution of this matter. Sincerely, ~~. ~ htd;;JJ Teresa P. Cantrell Regional Planner TPC:pm Attachments cc: G. Schmidt, with attachments C. Walker, with attachments J. Stansbury, with attachments R. Whitfield, with attachments RECEIVED HJ6.298 PLANNiNG DEPT. . " - - 3228 s.w. martin downs blvd. suite 205 . p.o. box 1529 palm city, florlda 34990 phone 14071 286-3313 HODGSON, Russ, ANDREWS, WOODS & GOODYEAR (A PARTNERSHIP INCLUDING PROF'ESSIONAL ASSOCIATIONS) ATTORNEYS AT LAW 2000 GLADES ROAD, SUITE 400 BOCA RATON. FLORIDA 33431 BOCA RATON (407) 394'0500 PALM BEACH (407) 736' 2177 BROWARD (305) 764'2440 F'AX (305) 427-4303 PARTNERS ADMITTED IN F'~OR1DA PARTNERS NOT ADMITTED IN F'-ORIOA ..JAMES A. PORTER * CORMAC C CONAHAN * LARRY CORMAN * DONALD C. LUB'CK H. KENNETH SCHROEDER, .JR, ANTHONY L. DUTTON CHARL.ES C. HAHN STEPHEN M. NEWMAN DIANNE BENNETT ..JOHN p, AMERSHADIAN DIANE ..J. MCMAHON GARRY M, GRABER MARK S. KLEIN RICHARD A GOETZ. P.,A.. * CHARLES T. BARKER. P,A. * LAWRENCE F. SEYER * RICHARD E. HEATH ..JAMES M. WADSWORTH WILl-lAM H. GARDNER ROBERT B. CONKLIN PAUL R. COMEAU RICHARD F. CAMPBELL PAMELA DAVIS HEILMAN .JEROME D. SCHAD MARK G. SPELMAN MELISSA M. MAY BUF'F'ALO OF'F'ICE: 1800 ONE M I> T PLAZA BUFFALO.~14203 (716) 856 -4000 VICTOR F'UZAK GORDON A. M....CLEOD .JOHN C, BARBER, .JR. CHRISTIAN G. KOELBL, m LANCE .,J. MADDEN WARD B. HINKLE ROBERT B. F'LEMING, .JR. TODD M .JOSEPH ALLEN H. BEROZA DAVID KOWALSKI F', WILLIAM GRAY, m ANNE SMITH SIMET KENNETH P. FRIEDMAN KENNETH F". SARONE TERRY C. BURTON .JERROLD 5. BROWN TIMOTHY P. .JOHNSON RICK WILL.IAM KENNEDY .JEFFREY W. STONE BENJAMIN M. ZUFFRANIERI, JR. WASHINGTON OF'F'ICE: SUITE 1201 1401 NEW YORK AVENUE, N,W. WASHINGTON, DC 200015 (202) 347, 9898 ASSOCIATES AOMITTED IN fl"L.ORIDA ALICE A. .JOSEFF'ER EDWARO L.. ARTAU . CAROL. e. HAIGHT. . RESIDENT IN F"L.ORIOA July 17, 1989 Mayor Gene Moore and City Commissioners City of Boynton Beach 120 E. Boynton Beach Boulevard Boynton Beach, FL 33435 Dear Mayor and City Commissioners: Re: Boynon Beach Mall Proposed Sears Store Boynton-JCP Associates Ltd. ROBERT M. WAL.KER R WILL.IAM LARSON OAVIO E. HALL. HARRY G. MEYER KARL W. KRISTOF"F DAN IEL R SHARPE PAUL D. PEARSON ROBERT W. KEL.L.ER OAVID A. FARMEL.O GARY M, SCHOBER PAUL. I. PEARLMAN STEVEN D, SCHNEIDER L.OUIS A. NAUGL.E PETER A. MUTH EDWARD C. NORTHWOOO SUSAN .J. EGLOFF' WILLIAM C. MORAN ROBERT J. L.ANE, JR. ELLEN V. WEISSMAN This firm represents Boynton-JCP Associates, Ltd. in connection with Applications for Site Plan approval, Rezoning Application approval and Comprehensive Plan Amendment and Amended Development Order for the Boynton Beach Mall. Under Section 380.06(15)(a), Florida Statutes, only the Applicant has the right to request an extension on time for the City Commission to act upon the Treasure Coast Regional Plan- ning Council's report and recommendation. The City Commission previously extended until July 18th the time for the City Commis- sion to act upon the Amended Development Order. As you know, the Applicant has been pursuing mass tran- sit alternatives for the traffic recommendations of the Treasure Coast Regional Planning Council. To allow time to complete the study and present it to the Treasure Coast Regional Planning Council staff, the Applicant respectfully requests a further extension of time and postponement of the matters relating to the Boynton Beach Mall presently on the July 18th agenda to and until the August 15, 1989 City Commission meeting. 1(ECEI\ffiD JUL 18 198~ ~ l'-, ~ (". pLJ\N'NI\"':r. rC-" \ J ------ HODGSON, Russ, ANDREWS, WOODS & GOODYEAR Mayor and City Commissioners Page 2 I will be present at the July 18th City Commission meeting should there be any questions. rof Very truly yours, cL ~tl- Greiner Greiner, Inc. P.O. Box 31646 5601 Mariner Street Tampa, Florida 33630-3416 (813)286-1711 FAX: (813) 287-8591 .................-...... .. C1519.00 May 16, 1989 Mr. Peter Cheney, City Manager City of Boynton Beach 120 Northeast Second Avenue Post Office Box 310 Boynton Beach, Florida 33425-0310 Reference: Boynton Beach Mall - Substantial Deviation Dear Mr. Cheney: A part of the City's process in adopting an Amended Development Order for Boynton Beach Mall is the requirement to consider whether, and the extent to which, the City's Development Order conditions are consistent with the report and recommendations of the Treasure Coast Regional Planning Council. You will note that City staff's recommendations with regard to transportation improvements differ from those included in the TCRPC report transmitted to you with their letter of May 5, 1989. Our position in this matter is as follows: 1. We have shown in our ADA analysis that the transportation impacts associated with the proposed expansion of Boynton Beach Mall are not regionally significant as defined in Chapter 380.06(19) or in the rules of the Treasure Coast Regional Planning Council. 2. We agree, from a technical viewpoint, with the results presented in the separate traffic study prepared by the consultant to the City of Boynton Beach. That is, we agree that the only improvements not presently programmed by Palm Beach County, that are required to accommodate the impact associated with the proposed expansion of the mall. is a widening of Congress A venue from four to six lanes between Boynton Beach Blvd. and the mall entrance. 3. The Treasure Coast Regional Plann ing Council has recommended that we consider implementation of transit service within the City of Boynton Beach to off-set the transportation impacts of the proposed change. Although we do not agree with the Region's report for the reasons stated above, the applicant has directed us to cooperate and to examine the feasibility of providing transit service within the City of Boynton Beach. In examining the feasibility of transit service for the mall, we have contacted the Palm Beach County Transportation Authority (COTRAN) and the Palm Beach County Metropolitan Planning Organization. In both instances, we have received a positive response. COTRAN's response, as outlined in the attached letter of May 4, 1989, outlines a proposed funding mechanism which would, through a joint public/private partnership, provide access to funds from the U.S. Department of Transportation, Urban Mass Transit Administration. and the Florida Department of Tti~. or:tat. iO. n which the County otherwise would not have access to. Although some ~.c~~lV"1ED _i .ee _ PLANNIN'Ci i)[~t ~ - Greiner Mr. Peter Cheney, City Manager C1519.00 May 16, 1989 Page Two from Palm Beach County would be required, you will also note that if accepted by the applicant, they would be providing an amount equal to three times their fair share as set forth in Palm Beach County's Fair Share Contribution Ordinance. If accepted by all parties, the City of Boynton Beach would receive a new transit system using advanced design buses with operating capital guaranteeing the system's operation for a period of three years. This three year period coincides with the time frame for roadway improvements to Old Boynton Road and Military Trail as outlined in Palm Beach County's current transportation improvement program. Improvements to Congress A venue are to be funded by June 1990 under a separate Palm Beach County Development Order. Based on this potential funding opportunity, the MPO has indicated that they will add the proposed transit system to the transportation improvement program update to be reviewed by the Board of County Commissioners in June. In their letter of May 5, 1989 also attached, the MPO indicates that they believe the potential exists for a transit alternative to serve a portion of the transportation impacts associated with the proposed expansion of Boynton Beach Mall. They go on to recommend certain steps to be taken to determine the potential ridership and commitment necessary to achieve a viable transit alternative. One of the items they have requested is a complete transit study. Obviously, we have not completed such a study at this time but, again, the applicant has authorized us to proceed to determine if an acceptable system can be worked ou t. The ultimate success of this system may hinge upon which criteria we are, in fact, required to comply with. For that reason, we believe it is important to state our position for the record and to assure the City that the applicant will continue to cooperate with the City and is willing to exceed the identified fair share requirements in order to make this program a success. We appreciate the cooperation we have received from the City staff and will keep them advised of our progress on the requested transit study. Sincerely, GREINER, INC. ~/'~ Associate Vice President T AM:sw Enclosures xc: David H. Curl Dick Greco Jerry Williams Mac Conahan Carmen Annunziato Dan Cary . BUILDING S-1440. PBI A WEST PALM BEACH. flORIDA 33406-1498 407-686-4555 May 4, 1989 Mr. Tom Marsicano Greiner, Inc. P.O. Box 31646 Tampa, FL 33630-3416 RE: Proposed Boynton Beach Publ Ie Bus Service Dear Mr. Marsicano: After reviewing the various options for bus service In the Boynton Beach area, we feel that service covering the area from Congress Avenue east to U.S. 1 between S. W. 23rd and New Boynton Road would be the most viable option In our efforts to alleviate congestion near the Boynton Beach Mal I. We would propose a thirty minute headway using two new advanced design buses that could be acquired with federal, state and local funds. As the key problem centers around available operating funds, we would pro- pose a service demonstration project between the Florida Department of Transportation and Palm Beach County, each of which would share 50% of the net project cost, estimated at $200,000 per year over three years. We would expect the local share, for which Palm Beach County would be responsible, to be provided by the DeBartelo Corporation over the three year term of the project. A contract could be developed for that purpose. In discussing this with the Florida Department of Transportation they feel the project to be worthwhl Ie and meeting the criteria necessary to Qualify as a service demonstration. It Is, as I have discussed with Mr. Dick Greco and yourseif, a potential first for us In pursuing a true Joint private/public partnership, which Is encouraged by the U.S. Department of Transportation Urban Mass Transportation Administration. PALM BEACH COUNTY TRANSPORTATION AUTHORITY. OPERATED BY FLORIDA TRANSIT MANAGEMENT. INC. Mr. Tom Marsicano May 4, 1989 Page Two The level of service proposed could potentially eliminate a significant number of auto trips from the existing road network In the area of the Mall. The time frame necessary to Implement this project would be fourteen months, or July 1, 1990. This would coincide with the fiscal years of F.D.O.T. and Palm Beach County for budget purposes. As wel I, It takes about one year for the acquisition and del Ivery of a bus. A recap of the participants and their financial exposure In the project are: U.M.T.A. F.D.O.T. P.B.C. F.D.O.T. DeBartelo $380,000 47,500 47,500 300,000 300,000 Capital Cap I t a I Cap I t a I Operating Operating By the end of the three year service demonstration project we would antici- pate patronage to generate no less than a 25% farebox recovery ratio. Opportunities wi I I exist during the proJect period to enhance the revenue base through condo community contracting and marketing. In consideration of the aforementioned we feel that public transit could offer a vIable alternative to the potential Increase In congestion as a result of addItional commercial space proposed for development at the Mal I. Please keep me Informed of any progress made with this proposal so that we may take thIs before the Board of County Commissioners for their consideration. Sincerely, ~~ ~ ~~7 ~ .Ir~e Director I AC/pw cc: Randy Whitfield Marty Ross METROPOLITAN PLANNING ORGANIZATION OF PALM BEACH COUNTY . t;(1.\, 'j;! i n A"~~f1I!t', ~~II:(; ]01 'l'.j.~(~; P.J!';' ~~. .: ,:,,::__~I-; if'1 rJCiS tJH'~ ) I}' May 5, 1989 Mr. Thomas A. Marsicano Associate Vice President Greiner, Inc. P.O. Box 31646 5601 Mariner Street Tampa, Florida 33630-3416 Re: Boynton Beach Mall Transit Service Dear Mr. Marsicano: The Metropolitan Planning Organization (MPO) staff has, per your request, reviewed the information in our data base concerning the socio-economic and demographic characteristics of the Boynton Beach Mall and surroundi ng area. Based upon our revi ew and examination of the data, the potential exists for a transit alternative to serve a portion of the transportation impacts associated with the proposed expansion of the Boynton Beach Mall. The staff would recommend the following steps be taken to determine the appropriate level of activity and commitment necessary to achieve a viable transit alternative. 1. A complete transit study be under taken to detail the level of service necessary to secure sufficient mitigation of traffic impact. 2. A contractual commitment to the Palm Beach County Transportation Authority (CoTran) for a period of time of not less than five (5) years, to support the potential route(s). 3. A monitoring process to be developed, with an annual report, which would detail ridership, service levels, and maintenance of effort. ;:; 0 Box 2429. West Palm Be,1ch. Florida 33402-2~29 1 , " :a Thomas V. Marsicano May 4, 1989 Page 2 The MPO staff is available to review and comment on the results of the study. If you have any questions, please contact us. Sincerely, ~/Jf Randy M. Whitfield, P. E. Director cc: Treasure Coast Regional Planning Council City of Boynton Beach Irving Cure, Cotran RMW:er .- - ~Jd[J of ~ounl, ~omml ontn h,! j- ~IMjUigll ~h~i'mJn Karen T. Marcus, Vice Chair Carol A. Roberts Carole Phillips Ron Howard ~O~~lr Mml~III~I~r jan Winters May 19, 1989 Department of Engineering and Public Works Mr. Carmen Annunziato, AICP Planning Director City of Boynton Beach 211 S. Federal Highway P.O. Box 310 Boynton Beach, FL 33425-0310 RE: BOYNTON BEACH MALL SUBSTANTIAL DEVIATION Dear Mr. Annunziato: To follow-up on a telephone conversation with you, this letter is being written regarding the recommended change that Palm Beach County Traffic Division has to the Treasure Coast Regional Planning Council (TCRPC) development conditions on Boynton Beach Mall Substantial Deviation. The intersection improvements proposed at New Boynton Beach Blvd.jI-95 West and New Boynton Beach Blvd.jI-95 East should be revised, in our opinion, to reflect the begi nni ng of the eastbound and westbound 1 eft turn 1 anes pri or to the intersections on each side of the interchange. Since the interchange is controlled by diamond interchange signal phasing, this will enhance capacity by separating the left turns from the thru lanes before traffic reaches the bridge over 1-95 (see attached sketch). The benefits of this design reflected by interchange intersection level-of-service calculations are significant (see attached level-of-service estimates from the critical movement analysis program for a diamond interchange). Your consideration of this recommended change to the development conditions for the Boynton Beach Mall DRI Substantial Deviation will be appreciated. Please do not hesitate to contact me if you have any questions concerning this matter. Sincerely, OFFICE OF THE COUNTY~. NG~ , ~7f: ~ Allan A. Ennis, P.E., AICP Development Review Engineer AAE : te attachment - sketches RECEIVED /\fAY ._ PLAN N l/\JG DEPT. - - cc: Teresa Cantrell, Treasure Coast Regional Planning Council file: SjD - Boynton Beach Mall "An Equal Opportunity - Affirmative Action Employer" BOX 2429 WEST PALM BEACH, FLORIDA 33402-2429 (407) 684-4000 ~I ~w \ / / / 71 'J.,,y'l[ II I I / /1 RECOMMENDATIONS It is the recommendation of the Treasure Coast Regional Planning Council that the Boynton Beach Mall Substantial Deviation be APPROVED, provided that the following conditions or requirements are included in the Development Order or Development Order amendment issued by the City of Boynton Beach. APPLICATION FOR DEVELOPMENT APPROVAL 1. The Boynton Beach Mall Substantial Deviation Application for Development Approval is incorporated herein by reference. It is relied upon, but not to the exclusion of other available information, by the parties in discharging their statutory duties under Chapter 380, Florida Statutes. Substantial compliance with the representations contained in the Substantial Deviation Application for Development Approval, as modified by Development Order amendment conditions, is a condition for approval. For the purpose of this condition, the Substantial Deviation Application for Development Approval shall include the following items: a. Substantial Deviation Application for Development Approval dated August 18, 1988; b. Supplemental information dated September 14, 1988; and c. Supplemental information dated December 12, 1988. EFFECTIVENESS OF DEVELOPMENT ORDER 2. Except as specifically amended herein, all conditions specified in the Development Order (Resolution Number R-74-343) and subsequent amendments to the Development Order for Boynton Beach Mall shall remain in full force and effect. HABITAT, VEGETATION, AND WILDLIFE 3. The developer shall preserve no less than 3.41 acres of pineland in the northwest quadrant of the site as shown in Exhibit HVW-1, or in any other configuration approved by the City of Boynton Beach and Treasure Coast Regional Planning Council. Preservation in perpetuity as a native habitat preserve area shall be assured by deed restriction for a minimum of 3.08 contiguous acres within that quadrant. 4. Within one 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 persuant to this Development Order, the fo1owing must be demonstrated to have occured to the satisfaction of the City of Boynton Beach and Treasure Coast Regional Planning Council: a. all exotic vegetation which occurs in the preserve areas shall have been removed; b. habitat value of the preserve area shall have been improved by control of vines, appropriate residences adj acent to the mall. The intent of this condition is to require that at least the same level of buffering from noise, exhaust, and visual impacts of the mall is present after additional development is complete as is currently afforded by the larger area of pine. The planting of this area shall be done in such 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 zone. Wherever possible a minimum of ten square feet of vegetated littoral zone per .linear foot of shoreline shall be established and configured so that at least 50 percent of the shoreline has a vegetated littoral zone. Alternate design may be necessary due to physical constraints inherent in retrofitting these existing detention ponds. The littoral zones shall be in place prior to the issuance of a certificate of occupancy for any additional square footage constructed persuant to this Development Order. 10. Under no circumstances shall post development runoff volumes exceed predeve10pment runoff volumes for a storm event of three day duration and 25-year return frequency. HAZARDOUS MATERIALS AND WASTE 11. Prior to issuance of a building permit for any additional square footage approved by this Development Order, the developer shall prepare a hazardous materials management plan 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 hazardous 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 transfer and disposal of such materials; c. provide for proper maintenance, operation, and monitoring of hazardous materials management systems, including spill and containment systems; d. detail actions and procedures to be followed in case of an accidental spill; e. guarantee financial responsibility for spill clean-up; and f. require the inspection of premises storing, using, or generating hazardous materials prior to commencement of operation and periodically thereafter, to assure that the provisions of the plan are being implemented. TRANSPORTATION Should local government choose to approve the proposed change, such approval should be conditioned on conformance with the transportation conditions included within this report. 12. No building permits for the Boynton Beach Mall Substantial Deviation shall be issued until all right- of-way within the project boundaries has 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. 13. 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. 14. No building permits shall be issued for the Boynton Beach Mall Substantial Deviation until contracts have .to been let to construct r the following intersection configurations, including signalization modifications as warranted by City, County, or State criteria: a. Hypo1uxo Road/Congress Avenue Northbound Southbound one right-turn lane one right-turn lane two through lanes two through lanes two left-turn lanes two left-turn lanes 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. N.W. 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 15. Eastbound one right-turn lane three through lanes two left-turn lanes Westbound one right-turn lane three through lanes two left-turn lanes e. New Boynton Beach Bou1evardjI-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 BoulevardjI-95 East Northbound Southbound one right-turn lane Not Applicable two left-turn lanes Eastbound Westbound three through lanes one right-turn lane two left-turn lanes 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. The developer shall pay consistent with the fair a fair share contribution share impact fee ordinance ~ Roger P. Semet 611 Aspen Road West Palm Beach, Fl 33409-6101 (407) 683-3800. 12 lYIay, 1989. Carmen Annunzianto Boynton Beach Planning Oepartment c/o BOYNTON BEACH CITY HAll 120 East Boynton Beach Blvd. Boynton Beach, FL 33435 !l real OPPOItuUty for an INN 0 V A T I V E SOL UTI 0 N : Proposed Sears store/Boynton Beach 1YIa11 parking problems Dear 1YIr. Annunzianto, Here is an opportunity and challenge to for you and your Planning Department staff to help Boynton become a top notch progressive city. IYIy proposal deals lIIith the problem of hOltl a n8111 Sears' store can be acconrnodated at the Boynton Beach 1YIa11 and preserve the 5.8 acres of flat pineland. Some people lllould see this as a classical developer money economic groltlth issue vs. environnental quality of life preservation of neighborhoods from congestion. EIJYN1lB ~ .!:!M. .! ~ IPPmTlMTY here to make its city not just another run-of-the-mill city but a premier pI~VB city of far-sightedness. It has been suggested that instead of more and more road improvements encouraging more and more traffic and an expensive parking garage that improvements to bus to the mall should be considered. Bus service should be improved but unfortunately considering hOlll slOlll buses move and the sircuitaus paths taken and other alternatives should be considered since this area is developing and traffic generating points on this n8111 proposed line lllould CHANNEL GROWTH as opposed to running after it lIIith a haphazard band-aid road only solutions, lIIhich lIIill lead to continuing decline of our QUality of life, limited economic opportunity, congestion, problems of community disruption and higher taxes, etc. nERE IS A Dlt~tJtt.JI:E BEllIEEN A LEAIER & A F1l..UlIER. I propose that considering the right of I118Y between the Boynton Beach 1YIa11 along the Boynton Beach canal that goes toIIIards the Intracoastal Waterway and the ocean and downtown that starting near leisureville near Congress lYIiddle School there should be a EXC..USIVE ACCESS !m!!!-2:-E BlJSIIIAY TRANSI1lIAY lIIhich could be upgraded to a lIGHT RAn.. 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". -~ g !!!!J ~ii J Iii ,.Q liS.. ~,~ Of "is: .. !!I il '.'01 ~ lil " . ~ 0. ~ .. ~" ,,!ft~ 5" P... 1 ~ ,!.~ 'r.::'; ',,:" .... ;, "D - Z m ,... ... ~ en ._ ' .."'..,....y......"w _...--~_:....,~... A MAJO: lUEMENT USED FOR SAYING PEOPLE WOUlDN'T USE PUBLIC TRANSIT People can't easily get to and from the nearest transit stop for their point of or1g1n and/or final destination, without an auto (requiring large parking lots &/or garages) or having to walk to far... Sounds like a bunch of lazy overweight people that will pay a gym/health fitness $$$ to get off weight we could daily take off. Apart from all of this feeder systems would consist of: PARK Nt RI!)E LOTS, KISS N' RIDE STOPS, CO~CTING FEEDER BUS LINES, THAT ARE WElL COORDINATED, and sOlnething interesting noted in this photo: BICYCLE CARRYING TRAILER, prehaps... '" -;? ~ // ~. ,~ "", 't . L.R.T. - L I G H T R A I L T RAN SIT 'T R 0 L LEY' with bicycle carrying trailer in Stuttart, West Germany. Why rail transit direct growth centralizing it for easier management and bicycle is a highly flexible, also non-polluting, energy efficient decentralized mode, that can additional compliment the fixed public transit routes. IiEL.L YOU PlIGHT ASK IF TR(LlEYS ARE SO GREAT IDd IDlE TII:Y ARE EVERYIII-ERE PREHAPS THIS STORY FRIl'! CBS's !!Q P1INUTES might help... Clang, Clang, .Clang Went The Trolley! HARRV REASONER: Oang, clang. clang went the trolley. And when it went, a whole .m went wllh it. Most people thought it was an inevitable sign of progress. On Ihe -10- c~nlrary, it was I~rgcly a resu.Jt of a criminalcon~piraey. General Molors, Firestone Tires,. Slandard 011 of Cahfomla and some olhers wailte!f 10 See cars and buses, burning gasolme and rubber, on a 101 of new ~ighways. It would be good for General Motors, therefore presum.ably good for Amenca. They moved in dozens of cities to wreck the old elcclne Iranslt ~yslems. 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'i7 ~....; 0 ~ 1:: ~ a Q':l r ? ~n3a~~=o.~ ~~=,"o.~ ; ng~ ~Vl2~" ~ ~~ if [~ tn' ~ =,~ ~.; ~ ~ ~. ~;. il ~ CJQ ~ ~ ~ = ~ g. ~ ~ 0 a,<~..<~3:>~ _~~a~ ~~go S3~- Eir~~ =og~: g~- ~~.~~~ ~~'A. ~~~ ':~ ~~n~ n~-'OO~-_3 - ~~- ~~o 2 -~ -o~> ~~i~~~~~i l'~~'~~ ~ ~il : ~~ ~"~~~ 0."8 5" - 3 !!: ~,~ :;; go ~:, a :r ~ ~ ~ "0 = -< :E r- :E ~' ~~~~n~go ~C&~~ ~ ~ai i fa ~~~.~ ~!~o~=~~ ~c~~~ n~g 3 ~~ ~~~~" OVl~~.-'~i n~~ n ~ ~.~ _. ~VI :E~'~~ ~?~5-?~:~ !i~("). ~ n'<g 2: ('l~ :.:~=~ g ~ ~ ;. i . ~~ ~ ~ ~ i a ~ ~ ~ ~'~ 8 ~ ~ 50 : ~~ ~.~( na~~.; 6 ~~[ i f[ ~~~i ~ ~~ !;~ ~i~"~~ ~ !~~ ~ ;~ ~~~~' n VI-' o~ ~i~-i ~ ~ 0 2 =-t O~~~ ~ ~~ ~;.! ~~~'~n ~ ~ ~ q ~_ ~;~~ ~ ~~ ~;~ ~5'iC~ ~ l ~ ~ ~~ ~~~[ ;2. :1"\,< & n Q. VI 'u; n ~ ~ 0 '< c::: ~ '< 8 _~ ~ . 8537 Crown Drive J :..(. <-I ;t ~ ~. "---- Boynton Beach, FL ,/. ..r p\'"'' \ :'~~". f ". -~~>.... / 6?\ -'-~_. ~--. ~ !.1 " Yo, .~. /' ....." '"-{"", \. . - I ", ;-.'1;\ I. Rr-n., ,If.__ '/~ .I!J .Cv C j V':J \-::: ~~. ~ MAY1519S9;>P \~ ~~~j CITY OF 9nY~!T:',,'1 8U,ca /-fJ \ C'IT'; ," '. . ' ;.....':) I. .w,,_',f\ I," /"1 ~ ..<"'y ~/\.;,." / . c../ May 11, 1989 Boynton Beach Commissioners City 'Hall Boynton Beach, FL Gentlemen: I have just read with a great deal of interest and dismay an article on the Pine Flatwood Preserve northwest of the Boynton Beach Mall. Is it that important that The DeBartolo Corp. have that much more parking area that it would destroy a parcel of land that has been set aside as a preserve several years ago? I go to the Mall occasionally and have yet to see the present parking area filled, even during the Christmas shopping season. . There are outparcels that Sears could build on with their own parking area that could probably adjoin the Mall property. There are other ways of solving DeBartolo and Sear's problem without touching the preserve. r Who is benefiting from the annexing of the preservation area away from Palm Beach County? It certainly'can't be the wildlife, birds, trees, etc. that are in the 9.2 acres of the preserve. I, for one, Mr. Commissioners, object and intend to spread the word. Just remember, once it's gone, it can never be replaced. Is the parking area that important? Sincerely, 7ftu~cJ . (Mrs.) Mildred Hinkle ./ RECEIVED toM" 16 1989 pl,ANN\NG D\:;.P1". --------- '. HODGSON, Russ, ANDREWS, WOODS & GOODYEAR ATTORNEYS AT LAW 2000 GLADES ROAD, SUITE 400 BOCA RATON, FLORIDA 33431 BOCA RATON (407) 394-0500 PALM BEACH (407) 736 -2177 BROWARD (305) 764'2440 F"AX (305) 427-4303 P....RTNERS ....OMITTED IN FL.ORIOA P....RTNERS NOT ADMITTED IN F"L.ORIOA ..JAMES A. PORTER. CORMAC C. CONAHAN · LARRY CORMAN. DONALD C. LUBICK .JAMES M. WAOSWORTH WILLIAM H. GARDNER ROBERT B' CONKLIN PAUL R. COME"'U RICH...RD F". C"'MPBELL PAMELA DAVIS HEILMAN ..JEROME D. 5CH...D MARK Q. SPELMAN MELISSA M. M"'V RICH...RD A. GOETZ. CHARLES T. BARKER * RICH...RD E. HE...TH H. KENNETH SCHROEDER, ..JR. ANTHONY L. DUTTON CH"'RLES C. HAHN STEPHEN M. NEWMAN DIANNE BENNETT .JOHN p, AMERSHADIAN DIANE oJ. McMAHON GARRY M. GRABER MARK S KLEIN BUF"F"ALO OF"F"ICE: 1800 ONE M & T PLAZA BUFFALO. NY 14203 (716) 856-4000 "'RNOLD T. OLENA ROBERT M. WALKER R. WILLIAM L.ARSON D...VID E. H"'LL HARRY G. MEYER KARL W. KRISTOFF' DANIEL R. SHARPE PAUL D. PE"'RSON ROBERT W. KELLER DAVID A. F"ARMELO G...RV M. SCHOBER PAUL l. PEARLM"'N STEVEN D. SCHNEIDER LOUIS .... N"'UGLE PETER A. MUTH EDWARD C. NORTHWOOD SUS"'N ..J. EGLOF"F" WILLIAM C. MORAN ROBERT..J. L"'NE, ..JR. ELLEN V, WEISSMAN WASHINGTON OF"F"ICE: SUITE 1201 1401 NEW YORK AVENUE, N.W. WASHINGTON. DC 2000~ (202) 347-9898 ASSOCIATES AOMITTE:O IN "1...0RIO'" LAWRENCe: F". BEYER ... CAROL e. HAIGHT ... . RESIDENT IN FLORIDA ALICE .... ..JOSEF"F"ER Nay 11, 1989 Mayor Gene Moore City of Boynton Beach 639 East Ocean Avenue Boynton Beach, Florida HAND DELIVERED Dear Mayor Moore: Re: Boynton Beach Mall proposed Sears Store Boynton - JCP Associates Ltd. VICTOR F"UZAK GORDON .... MACLEOD ..JOHN C. BARBER, ..JR. CHRISTIAN G. KOELBL, m L"'NCE ..J. M"'DDEN WARO B. HINKLE. ROBERT B. F"LEMING, ..JR. TODD M. ..JOSEPH "'LLEN H. BEROZ'" DAVID KOW"'LSKI F". WILLIAM GR"'V, m ...NNE SMITH SIMET KENNETH P. ~RIEDM.A.N KENNETH F". B"'RONE. TERRV C. BURTON ..JERROLD S. BROWN TIMOTHV P. ..JOHNSON RICK WILLIAM KENNEDY ..JEF"F"REY W. STONE BEN,JAMIN M. ZUF"F"RANIERI, ..JR. I represent Boynton-JCP Associates, Ltd., an affiliate of the Edward J. DeBartolo Corporation, in connection with appli- cations to add a Sears department store to the Boynton Beach Mall. The pending application for rezoning, comprehensive plan designation, aroendment to the Development Order and site plan approval are presently scheduled to be heard by the City Commission on May 16, 1989. Boynton-JCP Associates, Ltd. respectfully requests postponement of all pending hearings relating to the Sears store applications until the June 20, 1989 meeting of the City Commis- sion. As you know, a request has been made by the Treasure Coast Regional Planning Council for the applicant to explore and irop1ement a mass transit plan in connection with the a"q4~~ Development Order. Th~s requires a p1a~ and study wh~p:~t\Y--''C'D; be completed before thlS Tuesday's roeetlng.4 ~ ~ 11 .l989 Pl.ANNh~G DEPT: _!, -- ;. st. lucie May 5, 1989 treOlure co~t regional planniQ9 council HAND Dt-LIVERED Mr. Peter Cheney City Manager City of Boynton Beach P.O. Box 310 Boynton Beach, FL 33425-0310 Subject: Boynton Beach Mall Development of Regional Impact Substantial Deviation Dear Mr. Cheney: I am hereby transmitting the report and recommendations adopted by the Treasure Coast Regional Planning Council on April 21, 1989 for the Boynton Beach Mall Development of Regional Impact Substantial Deviation. The attached report and recommendations represent the fulfillment of Council's responsibilities as provided for in Section 380.06(12), Florida Statutes. Upon review of the report and recommendations, should you feel the Council staff can be of any further assistance, please contact me at your convenience. Council staff will be happy to work with the City of Boynton Beach as it formulates the Development Order and will review and comment on any draft document. I look forward to receipt of the adopted Development Order as provided for by Section 380.06, Florida Statutes. In turn, the City will be notified of the action taken by Council upon its review of the Development Order. " Sincerely, " -'-')-) -1 .~/' / I ) _-1 --... / / ''-L.../ /J L-.- -- .- ~ ~!' i ......---. Daniel M. Cary Executive Director ltEC~"'o' I' .. .' ~ ,>. 1 "': ',.. ',' ,~,' . , .',' " ;.":"" . ~ '8s.1I9 ,~~~tutm ~. DMC/TPC: Ig Attachment CC: Carolyn Eggert James Stansbury Carmen Annunziato City Council Susan Coughanour Tom Marsicano Marion Hedgepeth ~.~ -- - 32281.w. martin downl blvd. lult. 205 . p.o. box 1529 palm city, f10rlda 34990 phone (407) 286-3313 14. Adjournment NOTE: The Nominatinq Committee will meet at 9:00 a.m. It is requested that the audience not smoke in the meetinq room. In order for all members of the audience to follow Council deliberations, the audience is asked to please refrain from conversinq durinq the meetinq. o. '.COMMUNICATION PACKAGE" f-Q!!Tg,[Ti Development of Regional Impact October 1989 status Report. TREASURE COAST REGIONAL PLANNING COUNCIL DEVELOPMENT OF REGIONAL IMPACT STATUS REPORT October 1989 PROJECT NAME: Banyan Bay Substantial Deviation LOCATION: West of S.R. 76, south of Indian street, and north of Salerno Road. JURISDICTION: Martin County PROPOSED CHANGE: Addition of a 48-s1ip marina STATUS: Preapplication meeting held on March 16, 1988. Application submitted May 13, 1988. Local government notified that application is sufficient on June 8, 1988. Regional Assessment Report adopted by Council on October 21, 1988. PROJECT NAME: Boca Commerce Center Substantial Deviation LOCATION: North and south of Clint Moore Road and west of 1-95. JURISDICTION: City of Boca Raton PROPOSED CHANGE: Development within "Area B" STATUS: Preapplication meeting held on March 10, 1987. Application submitted on July 28, 1988, and found insufficient for review on August 25, 1988. 1 , s '-' ...., l. '~ PROJECT NAME: Boynton Beach Mall Substantial Deviation LOCATION: West of Congress Avenue and north of Boynton Beach Boulevard. JURISDICTION: City of Boynton Beach PROPOSED CHANGE: Addition of 131,448 square feet retail STATUS: Preapplication meeting held on March 8, 1988. Application submitted on August 18, 1988, and found insufficient for review on September 15, 1988. Supplemental information submitted on November 28, 1988, and found insufficient for review on December 22, 1988. Supplemental information submitted on January 23, 1989, and found insufficient for review on February 17, 1989. Applicant indicated that no additional information will be provided; local government notified on February 28, 1989, that a public hearing may be scheduled. Regional Assessment Report adopted by Council on April 21, 1989. Local government public hearing held on May 16, 1989. Consideration of final decision extended until November 21, 1989. PROJECT NAME: Grand Harbor Substantial Deviation LOCATION: East of U.S. 1 and south of 53rd Street. JURISDICTION: Indian River County PROPOSED CHANGE: Addition of approximately 10 acres not part of original DRI. Approved retail square footage will be shifted onto parcel. STATUS: preapplication meeting held on June 16, 1988. 2 PROJECT NAME: Grand Harbor Subs~an~ial Devia~ion--Marina LOCATION: East of u.s. 1 and south of 53rd street JURISDICTION: Indian River County PROPOSED CHANGE: Addition of approximately 300 boat slips to existing marina facility. STATUS: preapplication meeting held on July 27, 1989. Application submitted October 19, 1989. Currently under review by Council staff. PROJECT NAME: Harbor Town Cen~er LOCATION: North of 53rd Street and east of u.S. 1. JURISDICTION: Indian River County SIZE: 90 acres USES: 730,000 square feet retail STATUS: Preapp1ication meeting held on June 7, 1988. Application submitted September 2, 1988, and found insufficient for review on September 28, 1988. Supplemental information submitted on October 31, 1988, and currently under review. Local government notified that application is sufficient on November 28, 1988. Regional Assessment Report adopted by Council on December 16, 1988. Local government public hearing was on February 28, 1989. Development Order received by Council staff October 5, 1989. Council's 45-day review period expires November 17, 1989. Development Order considered and approved by Council on October 20, 1989. 3 , ~ ..", . ~ PROJECT NAME: Hobe Sound Plantation (formerly Hobe West) LOCATION: West of u.s. 1 and south of Bridge Road JURISDICTION: Martin County SIZE: 3,265 acres USES: 3,265 residential units 1,719,500 square feet general commercial/office/ R & D/ civic and public service facilities 3 ~8-hole golf courses STATUS: Preapplication meeting held on August 1, 1989. PROJECT NAME: Indian River Mall LOCATION: North of S.R. 60 between S.R. 505 and S.R. 505A. JURISDICTION: Indian River County SIZE: 224 acres USES: 707,544 square feet retail (regional mall) 440,000 square feet retail (peripheral commercial) STATUS: Preapplication meeting held on November 2, 1988. Application submitted on June 26, 1989, and found insufficient for review on July 24, 1989. Supplemental information submitted on November 1, 1989. Currently under review by Council staff. PROJECT NAME: Indianwood Golf and country Club LOCATION: West of C.R. 609 and north of S.R. 710. JURISDICTION: Martin County SIZE: 557 acres USES: 1,350 residential units I golf course STATUS: Preapplication meeting held on February 13, 1989. 4 PROJECT NAME: Mariner village, Florida Quality Development (FQD) LOCATION: South of Cove Road and west of u.S. 1 JURISDICTION: Martin County SIZE: 556 acres USES: 1,016 residential units l8-ho1e golf ~ourse 9 acres general commercial STATUS: . Preapplication meeting held on June 30, 1989. Application submitted on September 22, 1989, and found incomplete on October 20, 1989. PROJECT NAME: Meadows LOCATION: North of PGA Boulevard and west of Prosperity Farms Road. JURISDICTION: City of Palm Beach Gardens SIZE: 55.6 acres USES: 635,000 square feet office 400,000 square feet retail 30Q-room hotel STATUS: Preapp1ication meeting held on November 22, 1988. PROJECT NAME: North Palm Beach County Airport LOCATION: South of Bee Line Highway and west of the PGA BOUlevard/Bee Line Highway intersection. JURISDICTION: Palm Beach County SIZE: 1,832 acres USES: General utility airport with runways, taxiways and aprons, and supporting land-side facilities, including hangars and fixed base operators' offices. STATUS: Preapplication meeting held on August 19, 1986. Application submitted on March 13, 1989, and found insufficient for review on April 11, 1989. Supplemental information submitted June 12, 1989, and found insufficient July 11, 1989. Supplemental information submitted on October 18, 1989. Currently under review by Council staff. 5 4- '-' ...,; , PROJECT NAME: Quantum Park Substantial Deviation LOCATION: North and south of NW 22nd Avenue just west of 1-95 and east of Congress Avenue in southeastern Palm Beach County. JURISDICTION: City of Boynton Beach PROPOSED CHANGE: Change in commercial/office use and relocation of sand pine scrub preserve areas. STATUS: Preapplication meeting held on May 30, 1989. PROJECT NAME: Riviera Beach Downtown LOCATION: East and west of u.S. 1, north of the Florida Power and Light Company plant. JURISDICTION: City of Riviera Beach SIZE: 147 acres USES: Marinas, industrial, retail, office, hotel, and residential. STATUS: Preapplication meeting held on March 5, 1987. Application submitted on February 22, 1989, and found insufficient on March 23, 1989. Supplemental information submitted on August 21, 1989, and found insufficient September 19, 1989. 6 PROJECT NAME: Seabranch LOCATION: South of Cove Road and east of Dixie Highway. JURISDICTION: Martin County SIZE: 924 acres USES: 1,995 residential units 22 acres retail and office marina STATUS: Preapp1ication meeting held on May 11, 1987. PROJECT NAME: Veterans Administration Medical Center LOCATION: West of Military Trail and. north of Blue Heron Boulevard. JURISDICTION: Palm Beach County SIZE: 74.5 acres USES: 625-bed hospital 240-bed nursing home STATUS: Preapp1ication meeting held on May 15, 1985. Application submitted December 16, 1986, without review fee deposit (applicant is claiming sovereign immunity and has submitted the information "as a courtesy"). 7 - ~ ~ ~ , . PROJECT NAME; West Jensen LOCATION: East and west of u.s. 1 and north of Jensen Beach Boulevard. JURISDICTION: Martin County SIZE: 1,170 acres USES: 1,615 dwelling units 18-ho1e golf course 325,000 square feet industrial 385,000 square feet office 782,000 square feet retail 350-room hotel STATUS: Preapp1ication meeting held on January 20, 1987. Application submitted May 3, 1988, and found insufficient for review on June 1, 1988. Supplemental information submitted on September 19, 1988, and found insufficient for review on October 19, 1988. Supplemental information submitted on November 1, 1988. Local government notified that application is sufficient on November 29, 1988. Regional Assessment Report adopted by Council on January 20, 1989. Local government public hearing scheduled for March 28, 1989. Local government public hearing rescheduled for May 31, 1989. Development Order granted preliminary approval by Martin County on May 31, 1989. Local government public hearing scheduled for October 3, 1989. Development Order adopted by Martin County on October 3, 1989. Development Order received by Council staff on November 1, 1989. To be considered by Council on November 17, 1989. 8 PROJECT NAME: West Palm Beach (City of) Areawide LOCATION: West of Flagler Drive, east of Australian Boulevard and Tamarind Avenue, south of Palm Beach Lakes Boulevard, and north of Okeechobee Boulevard. JURISDICTION: City of West Palm Beach SIZE: 500+ acres USES: Residential, office, retail, hotel, and institutional STATUS: Preapplication meeting held on August 30, 1988. PROJECT NAME: Westlake (previously known as Westport) LOCATION: West-of F1o+ida Turnp~ke, east of Port st. Lucie Boulevard, and north of Paar Drive. JURISDICTION: City of Port st. Lucie SIZE: 400 acres USES: 810 dwelling units 1 golf course 11 acres retail/office STATUS: Preapplication meeting held on June 8, 1988. PROJECT NAME: Wilderness Shores/sandpiper Shores LOCATION: South of Port st. Lucie Boulevard and west of U.S. 1, abutting the North Fork of the st. Lucie River to the south and west, and the st. Lucie/Martin County line to the east. JURISDICTION: City of Port st. Lucie and st. Lucie County SIZE: 1,011 acres USES: 2,800 dwelling units 8 acres retail 1 golf course STATUS: Preapp1ication meeting held on June 26, 1986. 9 '-' ..., 'r ... .., \ 'l' PROJECT NAME: Yamato Plaza LOCATION: . West of Military Trail and south of Yamato Road. JURISDICTION: City of Boca Raton SIZE: 45 acres USES: 350,000 square feet retail STATUS: Preapplication meeting held on August 4, 1987. Application submitted on December 21, 1987, and found insufficient for review on January 19, 1988. Supplemental information submitted on April 11, 1988, and found insufficient for review on May 6, 1988. Supplemental information submitted on June 27, 1988. Local government notif.ied that application is sufficient on July 26, 1988. Regional Assessment Report adopted by Council on September 16, 1988. Local government public hearing scheduled for November 22, 1988. Public hearing consideration postponed at request of applicant. 10 MINUTES OF THE TREASURE COAST REGIONAL PLANNING COUNCIL APRIL 21, 1989 MEETING Chairman Eqqert called the meetinq to order at 9: 30 AM and requested that the roll be called. The fo1lowinq members were present: Indian River County commissioner Bowman Commissioner Eqqert st. Lucie County Commissioner Fenn commissioner Minix Mayor Dannahower Martin County Commissioner Wacha Commissioner Thom Commissioner Cole Palm Beach County Commissioner Marcus Commissioner Roberts Commissioner Elmquist Councilman Helm ~ternate Campbell for Mayor Hinton Vincent Goodman Ken Ferrari Huqh P. Kelly Daqney Jochem Kevin Foley Edmund Gonzalez Joseph Bilancio Charles Davis Gubernatorial Appointees The Executive Director announced that a quorum was present. AGENDA Motion was made by Commissioner Wacha and seconded by Commissioner Thom to approve the aqenda. Upon beinq put to a vote, the motion carried unanimously. MOTION TO APPROVE MINUTES commissioner Thom moved approval of the March 17, meetinq minutes. The motion was seconded Councilmember Jochem and carried unanimously. 1989 by MOTION TO APPROVE 1 . .' , 'w ...., PROJECT REVIEWS INTERGOVERNMENTAL COORDINATION AND REVIEW (ICR) LOG Staff reported that four of the five applications reviewed this month were found consistent with Council policy. Motion was made by Commissioner Wacha and seconded by Counci1member Jochem to approve staff comments on the four items found consistent with Council policy. Upon being put to a vote, the motion carried unanimously. MOTION TO APPROVE Staff indicated that ICR Log application 89-PB-03-01 was submitted by the Jewish Community Center of the Palm Beaches requesting federal financial assistance to purchase two vans to replace worn-out'vehicles currently providing transportation services to the elderly. Staff indicated that comments were solicited from several agencies to assist in the revi~w of this application. Response from Palm Beach County Transportation Authority indicated that this item may be a duplication of service, which is inconsistent with Council policy. Mr. Steven Kaplansky of the Jewish Community Center of the Palm Beaches could not be present at the Council meeting, but had sent a letter to staff noting that he wished to go on record in reply to staff comments (letter attached) . Staff stated that the Center does not feel their services duplicate those currently in operation. commissioner Roberts stated that she did not feel that the Center's service was a duplication, but rather an augmentation of services. Councilmember Jochem moved. to amend tile comment to state that there is a potential conflict with the comprehensive plan, and this should be reviewed to make sure that the service is a supplementing service and not a duplication of service. The motion was seconded by Councilmember Wacha and carried unanimously. MOTION TO AMEND DEVELOPMENTS OF REGIONAL IMPACT BOYNTON BEACH MALL SUBSTANTIAL DEVIATION REPORT AND RECOMMENDATIONS staff reported that the original proposal for the Boynton Beach Mall was reviewed by the South Florida Regional Planning Council in 1973. At this time the developer is proposing to add a sixth anchor store to the mall consisting of 136, 000 square feet of commercial retail. Staff outlined the recommended conditions. 2 Chairman Eggert questioned Condition 4c, which required "a funded plan" for the on-going maintenance and management of the native habitat preserve area. She indicated that she felt it should instead say "a plan which includes methods of funding." Motion was made. by Councilmember Jochem and seconded by Councilmember Davis to amend recommended Condi tion 4c, page VIII, of staff's report and recommendations as follows: MOTION TO AMEND "c. a fllftaea plan which includes methods of fundina for the on-going. . .n Upon being put to a vote, the motion carried unanimously. Councilman Helm asked if the original Development Order required the removal of exotic vegetation. Staff indicated it did not, and added that the original review was done by the South Florida Regional Planning Council in 1973, and included only two conditions. Staff added that at the time the review was done, the process was not very thorough. VOTE ON MOTION commissioner Roberts informed Council that the Palm Beach County Commission felt that the original Development Order should betollowed, which set aside 5.83 acres of preserve area. She stated that the developer could put in a parking garage instead of reducing the preserve area by approximately two acres. Councilmember Foley indicated that he has observed that the majority of the mall parking spaces, with rare exception, are never filled. He felt green space should not be taken away unnecess~rily. ' Mr. Carmen Annunziato, Planning Director for the City of Boynton Beach, indicated that the habi tat value of the site is poor and is diminishing. The area is heavily degraded, overgrown, and dying: there are exotics and it is being used by some as a dump. He added that if nothing is done, in a very short time the value of the preserve site will diminish to zero. Mr. Annunziato also commented that the number of parking spaces required is one parking space for every 200 square feet of gross leasable area. He indicated that, although there are a lot of empty parking spaces at the mall today, the area to be served by this mall is only at 40 percent buildout today. Councilmember Foley suggested leaving the green space intact until it becomes apparent that additional parking is needed, 15 to 20 years from now. He indicated that it may not ever be required since other malls may come into the area. He stated he would like to see it preserved 3 . . \. 'w' ..." until it is needed, not just paved over because the regulations say it. Councilman Helm indicated his agreement with Counci1member Foley's comment. Chairman Eggert asked for public comment. Ms. Rebecca Martin, spokesperson for the Pine Acre Subdivision, adj acent to the mall, protested the destruction of the preserve area to allow room for a parking lot. She indicated that the DeBartolo Corporation's original plan was to put up a parking garage. The subdivision residents did not want the preserve area's zoning designation changed or altered in any way. Ms. Stella Rossi, representing the Coali tion to Save Wilderness Islands, asked the board to deny encroachment by the Debartolo Corporation upon the pine preserve area which was set aside approximately 16 years ago by the Development of Regional Impact process. She indicated that there are other alternatives for the required parking--a parking garage. She indicated that the destruction of the preserve area to allow a parking lot is simply a cheaper route at the expense of the environment. She fel t that encroachment should not be considered. Ms. Rosa Durando, representinq the local chapter of the Audubon Society, indicated that she felt the overall consideration that has been neqlected is that the purpose of preserving this pine land was not just to preserve native trees, it was to preserve .functioning, existing habi tat. -She informed Council that there are gopher tortoise on the site, as well as Red Winged Blackbirds, Red Bellied Woodpeckers, Hawks,. Screech Owls, and other species. She added that this is. one of the last pine f1atwood oasis left in. the area. She felt there was no demonstrated need for another department store, which would add more traffic to an already failing. intersection and increase stormwater runoff and water quality problems. Ms. Durando added that there are pine seedlings growing in the preserve that look very healthy, indicating that the forest is replenishing itself. She felt if the area were reduced to a narrow strip of land, it would not survive. Councilmember Jochem indicated that she felt the original Development Order should not be changed. Commissioner Elmquist questioned if a parking garage was in the original plan. Ms. Martin indicated that it is on the original blueprint of the project. Mr. Dick Grecco, representinq the Edward J. DeBartolo Corporation, indicated that the mall was built seven years ago. He indicted that the original Development Order did not include a parking garage; however, a parking garage was included in a document filed several 4 . .. .. years later. Mr. Grecco indicated that, due to cost, the Sears store could not be built if a parking garage is required rather than a parking lot. Motion was made by Commissioner Roberts and seconded by Commissioner Marcus to amend recommended Condi tion 3, page VII by increasing the acreage of pine area to be preserved to 5.83 acres. Councilmember Foley indicated that he felt a Sears store would be an ideal addition to this mall, and felt there are ways to add this store without adding a parking garage. He hoped that the City of Boynton Beach would consider allowing fewer parking spaces than is currently required, and fel t a message to this effect should be sent to the city. He indicated that he did support the motion. commissioner Campbell indicated that he would like ground space preserved whenever possible. Upon being put to a vote, the motion carried unanimously. Staff indicated that recommended Conditions 8 through 10 address Council's concerns about drainage. Motion was made by Councilmember Jochem and seconded by Councilmember Kelly to amend recommended Condition 9, page IX and X, as follows: "... plan for the littoral zone for approval by i'~eas1:l~e-~"a8-e -~-emri.--P%aftft~~ eel:lfte~%-"f!tfltl the City of Boynton Beach~ ift-~ w~i!ft-~ South Florida Water Management District, and Florida Department of Environmental Regulation in consul tation wi th the Treasure Coast Reaional P1annina Council." Staff indicated that the reason the condition was written in this fashion was because Council needs to be sure that what is done is consistent with Council standards. commissioner Wacha asked why Council standards would be different than South Florida Water Management standards if the District is the ultimate permitting agency. Staff responded that the Regional Planning Council has broader responsibilities than the District. Commissioner Marcus indicated that she would not support the motion because Council's regional goals and policies address a bigger picture than the Water Management District's policies. commissioner Fenn indicated that he, also, would not support the motion because it would not be consistent with what was done with The Reserve Development of Regional Impact. 5 commissioner Marcus asked Council's attorney what can be done if the plan is found not to be consistent. Mr. Saberson indicated that enforcement of the Development Order is up to the local government, and if the local government determines that the developer is not in substantial compliance with the Development Order, they are not supposed to issue any further permi ts or extend services, etc. He suggested adding a sentence which states: "If it is not determined to be consistent, then it shall be deemed in violation of the Development Order. II Commissioner Marcus asked if the maker of the motion would consider adding the sentence suggested by Mr. Saberson to the motion. commissioner Roberts indicated that the language should also be added to Condition 9. Councilmember Jochem agreed to add the lanquaqe to MOTION TO AMEND VOTE ON ftIlTION ftIlTION TO AMEND . .' 'w' ..."" Councilmember Foley indicated he supported the motion because he felt the Water Management District and the Department of Environmental Regulation were more capable of reviewing these types of issues. Councilmember Davis asked if Council was establishing itself as a regulatory agency, adding that he did not think this was Council's function. staff indicated that was not the intent, and explained that the Development of Regional Impact process is one of Council's functions. One of the responsibilities of this process is to coordinate the comments of the Department of Environmental Regulation, the Water Management District, the applicant, and private sector parties, and to put together a set of recommendations that balances -all of these concerns. Staff added that another responsibility of Council is to review these plans for consistency, and indicated that the developer is not required to submit the detailed plans up front due to the expense of providing these plans before the proj ect is even approved. Instead, Council postpones the review of these plans t~ a later date. Councilmember Jochem modified the motion to amend recommended Condition 9, page IX and X, as follows: ". . . plan for the litto~al zone~ to be reviewed for consistencv fe~--eppreve~ by Treasure Coast Regional Planning Council in consultation with 8ftS the City of Boynton Beach, ~ft--ecft81to~icm---wi-tft the South Florida Water Management District, and Florida Department of Environmental Regulation, and aDDroved bv the Citv of Bovnton Beach. South Florida Water Manaqement District. and Florida DeDartment of Environmental Reau1ation. II The motion was seconded by Councilmember Davis. Council's Attorney, Roger Saberson, advised Council that they should move away from the type of condition that requires Council's approval at a later date, after the Development Order becomes final. Counci1member Davis called the question. Upon being put to a vote, the motion carried with Councilman Helm, Commissioner Fenn, and Commissioner Marcus opposed. Staff reported that recommended Condition 11 addresses the development of a hazardous waste management plan because the proposed Sears store will have an automotive center and a lawn and garden center. Councilmember Jochem moved to change "approval" to Ilreview for consistency" in Condition 11, page X of staff report and recommendations. The motion was seconded by Councilmember Kelly. "--" '----" Staff responded that the policies do not require that the applicant pay for all the improvements; the policies simply say that if more growth is going to be added to a road, it should be made sure that the road works before the additional traffic is added. . Mr. Grecco stated that the roadway improvements recommended would amount to approximately $7 million, and added that if the developer is having problems building a parking garage to achieve a Sears store, he certainly cannot spend $7 million on the roads. Commissioner Marcus informed Mr. Grecco and Council that by Palm Beach County Ordinance, no one would be able to build until the roadway improvements. are made. She indicated that the Ordinance has captured all the small development that would be impacting the road also, so they would be treated in the ~~m~ ~~~h;~" ~a ~k~ _~11 ~ MOD I FY MOTI ON VOTE ON MOTION MOTION TO AttEND Commissioner Wacha moved to add a condition (Condition 17) concerning buses stopping at the mall; al ternati ve transportation to be considered. The motion was seconded by Councilmember Davis. Upon being put to a vote, the motion carried unanimously. Mayor Dannahower moved staff recommendations as amended by Council. The motion was seconded by Counci1member Jochem and carried unanimously. DOWNTOWN UPTOWN DEVELOPMENT ORDER staff reported that at the January 1989 meeting, Council reviewed and adopted the Downtown uptown Development of Regional Impact report and recommendations recommending approval of the project subject to conditions. staff indicated that Council now had the responsibility to review the Development Order to determine whether it adequately addressed regional concerns identified in the report and, recommendations. If. it does not adequately address these concerns, Council may file an appeal with the Florida Land and Water Adjudicatory Committee; on the other hand, if it does adequately address these concerns, an appeal should not be taken. Statf reminded Council that only Phase I of a much larger project is being reviewed, which begins the initia~ step of an intensive effort to rebuild the Ci ty of West. Palm Beach downtown area. Staff indicated that the Development Order, for the most part, is consistent with Council policy. However, Development Order Condition 30 does represent a concern which staff outlined. Staff added that lanquage has been worked out that is agreeable to both the City and Council staffs and indicated that if the Development Order is amended prior to Council's review period terminating, staff would recommend that the appeal not be taken. On the other hand,. if it is not amended prior to Council's review period termination date, then staff would recommend that Council authorize the Executive Director and Council Attorney to appeal. Motion was made by Commissioner Marcus and seconded. by Commissioner Roberts to approve staff recommendations. Upon being put to a vote, the motion carried unanimously. LOCAL GOVERNMENT COMPREHENSIVE PLAN REVIEWS ST. LUCIE COUNTY COMPREHENSIVE PLAN ELEMENT AMENDMENTS Chairman Eggert asked st. Lucie County if the amendments have been reviewed by the Board of County Commissioners. Commissioner Minix indicated that st. Lucie County's policy has been to send the proposals to the Department of Community Affairs, then have the public hearing when they come back to the County--this occurs after Council's 9 ~TION TO ADD MOTION TO APPROVE AS AMEN OED K>TION TO APPROVE } w .."" review. He indicated that this policy is going to be changed. Commissioner Minix informed Council that st. Lucie County is now second in the state in citrus production and gaining rapidly on Polk County. He added that the amendments proposed involve old groves that are going to be replanted on land that is more suitable for ci trus . The light industry that is being asked for is related to the agricultural interests. He added that st. Lucie County is not abandoning agriculture for industry or any other uses. staff indicated that they have been in the middle of some interesting discussion wi th the ci trus growers and the comments in staff report were based on this discussion. staff stated that it is getting more difficult to develop new groves due to: 1) the Water Management District permi t requirements; 2) requirements that .are important to protect the environment which are more difficult for citrus farmers to implement than they are for commercial and housing projects: 3) the size of land area needed-- tree rows have to be a certain distance apart: and 4 ) problems with laying efficient groves for irrigation. Therefore, caution should be used when considering converting a grove to other uses. staff reported that st. Lucie county proposed ten amendments to the County's comprehensive plan. Five of those amendments were found consistent with the Regional Comprehensive Policy Plan. Motion was made by Commissioner Thom and seconded by councilmember Jochem to approve those items in staff recommendations that were found consistent with Council policies. Upon being put to a vote, the motion carried unanimously. ~TION TO APPROVE staff reported that land use changes PA-88-017 and PA-88- 023 concerned groves located west of the Turnpike and I- 95, west of the City of Fort Pierce, along Orange Avenue. Staff indicated that the groves do not appear to be in very good condi tion, but recommended that the land use change be found inconsistent with Council policies because: 1) it has not been demonstrated that undeveloped land is not available to serve the need proposed; and 2) availability of services to serve the proposed industrial development has not been dealt with SUfficiently (this area is well to the west of the existing urban service area). Commissioner Roberts commented that she felt the issue was one of timeliness on the part of submittal of the proposed change, and questioned if it might be more appropriate for the change to be reviewed in a year or so, when services are available to the site. Councilmember Kelly fel t that if the best use for this 10 . \ property is industrial, it should be approved wi th a stipulation that development of the piece occur concurrent with services. staff indicated that the new st. Lucie County Comprehensive Plan which would be coming up for review in August should take all this into account, as well as what the costs are going to be. Commissioner Davis commented that the proposed change will allow agriculturally based industry to develop at that location. He reminded Council that in western Palm Beach County the sugar mills are in the middle of sugar plantations because of the service they provide. He felt a disservice would be done to agriculture if the development of packing and processing plants were moved out of the grove area. Commissioner Fenn informed Council that police and fire protection, as well as waste removal can be provided this area. Councilman Helm stated that there is a danger in converting agricultural acreage to something else since a heavy residue of DOT and other pesticides may exist in the soil. staff suggested amending the recommendation to state that the proposed amendments may be . inconsistent with the Regional Comprehensive Policy Plan if not ~dequately addressed in the evolving county Comprehensive Plan. Commissioner Minix indicated his agreement. Mr. Jim G. Russakis~ st. Lucie County resident and owner and operator of Russakis Hedging and Topping, indicated that he has been an active citrus grower since 1965; and added that he was the previous owner of the land being discussed as Amendment PA-88-017, and is the current part owner of PA-88-023. Ms. Russakis informed Council that the first grove (PA-88-017) is approximately 40 to 50 years old and is no longer economical as a grove. He indicated that light industrial uses are across the street from the site, and added that this piece of property will serve three different operations, one of which is Russakis Hedging and Topping. In reference to the comments made about timeliness of the development, Mr. Russakis pointed. out that his operation, which is currently located on Glades cut-off Road, needs to be moved to alleviate traffic by moving closer to the area he services. In reference to fire protection, Mr. Russakis pointed out that there is a fire station on Shinn Road, which is near the site; in reference to police protection, law enforcement is up the street at the correctional institution; and, in reference to disposal of waste, one of the major waste haulers is a neighbor of the site. In regard to Councilman Helm's concern, Mr. Russakis indicated that a test would be made 11 ~ ., on the presence of hazardous materials in the soil as part of the permitting process. Councilmember Foley informed Council that Mr. Russakis has been appointed by the Governor to the Ci trus Commission of Florida. He added that Mr. Russakis is very knowledgeable about the citrus industry. Motion was made by Commissioner Fenn and seconded by Commissioner Roberts to amend staff comments on PA-88-017 and PA-88-023 by changing the inconsistent. determination to: "The proposed amendments may be inconsistent with the Regional Comprehensive Policy Plan if not adequately addressed in the evolving County comprehensive plan." Commissioners Fenn and Roberts added to the motion that references to police and fire protection and waste removal should be deleted from staff report. Upon being put to a vote, the motion carried unanimously. Councilman Helm moved and Commissioner Roberts seconded the addition of a sentence indicating that environmental assessments should be required when long-term agricul tural lands are converted to other uses. Upon being put to a vote, the motion carried unanimously. staff reported that amendment number PA-88-018 proposes a land use change to a parcel on Rock Road, across from the County correctional institution. staff indicated that the amendment was found inconsistent because a need for heavy industrial land use has not been established, nor has it been determined that a full range of urban services, critical to heavy industry, is available. Mayor Dannahower indicated that the growth of the agricul tural industry in st. Lucie County has certainly been an economic boost, but has placed severe problems on the services that the City of. Fort Pierce provides. The City of Fort Pierce has been swamped with illegal Hai tians and Mexicans who are directly related to the agricu1 tural industry. He stated that law enforcement services and housing have suffered severe impacts, and added that it would probably be to the City's advantage if the industrial segment of the community would grow, not just the agricultural segment. He pointed out that water and sewer are both available to the site in question. Motion was made by Commissioner Roberts and seconded by Councilmember Foley to amend staff comments on the amendments found inconsistent to: "The proposed amendments would be deemed inconsistent if not dealt with in the County's new comprehensive plan." Upon being put to a vote, the motion carried unanimously. 12 MOTION TO AMEN 0 t-llTION TO ADD t-IlTION TO AMEND , , Chairman Eqqert asked .for pUblic comment. Mr. Charles Du1d, Chairman of the Go.~rnmental Relations Committee of the Golden Ponds Adult Community Homeowners' Association, indicated that. in the near.future it is expected that the owner of the parcel ;in ~ndment PA-88-021 would be submittinq a rezoninq .application. He passed out a statement dated April 21, 1989, protestinq the land use chanqe. Commissioner Roberts moved to make the statement part of the record. The motion was seconded by Commissioner Helm and carried unanimously (copy attached). Mr. CUld also passed out a petition containinq in excess of 320 siqnatures of homeowners of the Golden Ponds community, and another petition from the private owners alonq Anqle Road and residents of Meadows . community, askinq that the proposal to chanqe the zoninq be denied. Motion was made by Commissioner Roberts and seconded by Councilmember Foley to add these petitions alonq with the statement to the comments transmitted to the Department of Community Affairs. Upon beinq put to a vote, the motion carried unanimously.. · M~. Daryl crumm, speakinq for the land owners of Johnston Road, raiseii some concerns about possible riqht-of-way purchasinq problems. Chairman Eqqert asked Mr. crumm to appear before the County Co~ission. INDIAN RIVER COUNTY COMPREHENSIVE PLAN ELEMENT AMENDMENTS CITY OF FORT PIERCE COMPREHENSIVE PLAN ELEMENT AMENDMENTS Mayor Dannahower asked that the record show' for Aqenda Item 6C (Ci ty of Fort Pierce Comprehensive Plan Elemeni: Amendments), reqardinq staff comment on a 33-acre tract (Amendment #3) and the effect of the proposed amendment on maintaininq an acceptable level of service on Virqinia Avenue, that. the City has been workinq on this project for I ten years. He added that the Department of Transportation has had it on their five-year work program, and the work was to be let in July of this year, but has been postponed. Riqht-of-way is beinq purchased, and Mayor Dannahower felt the project was movinq ahead. Motion was made by Commissioner Roberts to approve staff recommendations on Indian River County and City of Fort Pierce Comprehensive Plan ~lement Amendments. The motion was seconded by Commissipner Thom and carried unanimously. ' 13 MOTION fttlTION TO ADD MOTION TO APPROVE . , 'w ...", CONSISTENCY OF THE LOCAL GOVERNMENT PLANS WITH THE REGIONAL COMPREHENSIVE POLICY PLAN Staff reported that six draft plans were reviewed this month: ~. CITY OF ATLANTIS 2. TOWN OF HA VERHILL 3 . TOWN OF MANGONIA PARK 4 . TOWN OF OCEAN RIDGE 5. TOWN OF PALM BEACH SHORES 6. TOWN OF SOUTH PALM BEACH Chairman Eggert indicated that she understood that there were no problems with the reviews and asked if there was anyone from the public who wished to speak on any of the City/Town plans. There was one member of the public who wished to speak on number 5, the Town of Palm Beach Shores comprehensive plan. Councilman Helm moved the approval of staff recommendations on all the draft plans reviewed excluding Agenda Item 605, Town of Palm Beach Shores. The motion was seconded by Councilmember Foley and carried unanimously. MOTION TO APPROVE Staff commented that the Department of Community Affairs indicated they would like the Regional Plannipg Councils to review compatibility of local plans more closely. 5. TOWN OF PALM BEACH SHORES Staff reported three obj ections to the Town of Palm Beach Shores' draft plan. These concerned: ~) the requirement of environmental assessments for any land use changes that have potential ecological impacts: 2) a commitment by the local government to recycling: and 3) the removal of exotic vegetation and its replacement with native vegetation. Councilmember Foley stated that he felt the number of units allowed in the Town's multifamily category is extraordinarily high. He commented that the only convenient way to and from the Town is over the Blue Heron Bridge. The only other route is far to the north end of Singer Island. He asked why Council would approve such high densities. Staff indicated that the Town was developed in the ~950's and is at buildout. Councilmember Foley indicated that there is a lot of potential for redevelopment, and added that when high enough densities are permitted, there is an incentive to tear down existing buildings and 14 put up new facilities at higher densities. Councilmember Davis felt that density is a local decision. Counci1member Foley indicated that such high densities could cause a problem on the roadways. Mr. Bill Kellner, member of the Planning and Zoning Board of the Town of Palm Beach Shores, commented on some of staff recommendations, but indicated that most of the recommendations are well taken. Motion was made by Commissioner Roberts and seconded by Commissioner Elmquist to approve staff recommendations. The motion carried wi th Councilmember Foley opposed. FINANCIAL REPORT Commissioner Roberts moved that the Financial Report be approved and filed. The motion was seconded by Commissioner Elmquist and carried unanimously. PUBLIC COMMENT Chairman Eggert asked for public ~omment: however, there was none. STAFF COMMENT Staff noted that, as requested by Council, proposed amendments to Rules 9J-5 and 9J-24 had been included in the Communication Package, and asked if Council had any questions. Chairman Eggert asked that comments to the proposed amendments be brought up at the next Council meeting. CHAIRMAN'S COMMENTS Chairman Eggert indicated that a Plan Review Committee has been formed to review the Regional Comprehensive Policy Plan if there are specific problems, such as discrepancies between the plan and interpretation, so that Council is sure that people are understanding that there are alternatives to be sought, etc. Staff added that, typically, a committee is appointed, but if a subject of general concern is identified, other members of Council could attach themselves to that committee. 15 fttlT! ON TO APPROVE MOTION TO APPROVE AND FILE . .' ~ .., Chairman Eggert appointed the following members to the Committee: Councilmember Jochem, Chairman Commissioner Elmquist Councilmember Bilancio Counci1member Davis Commissioner Fenn COUNCIL COMMENT Commissioner Elmquist suggested that staff conduct an orientation meeting for the benefit of Council's new members. ADJOURNMENT There being no further business, the meeting was adjourned at 1:23 PM. This signature is to attest that the undersigned is the Secretary or a designated nominee of the Treasure Coast Regional Planning Council, and that the information provided herein is the true and correct minutes of the March 17, 1989, meeting of the Treasure Coast Regional Planning Council. Date Signature Attachments 16 , .' OF THI PALM BUCHI! .'Our;()f~ aUllt III o"onAi'ii;:",r rll'. "If I(JAtttI OF QIRfl;TQRI - PI ..fI.:.'1" sit'lLrl S1W'1AO '/'r:: P,.:~,aIflIlJ I'AlnlClA AllRAMSON ',MMv Ii :-.otC8(~ Cl!HOAO HtRTZ STACtV Ie ~tvY ~l~ ZWlCXLI. SIc 'M" VAl fRlf SllvEIWAN r'fJ'Ulff AI UN MASON ~sr "'ill~' ;jll "Al.'I.;(1 ElM ZUlJA MA50N O/RECj(JRS 01", ES BAiWfn' Ilfl'fW BAAON SIDNfV SFACI'R CCNME SEElRV ~"\HlUT 'euoDI!" .... Ml(;ItAlL BRozosr Sl1fA~ OAVlOQfF JlJOY "tvORE SIllAm' aomltl! 5uWW UT1fNBfAG JAMt'S R. KAY ~AN(lV IQ FIN FflUfMA KLORmN ARNOLD l AMPfRT SiAQ LfSSLA ... I .,......_ . ~~ c:L.SCRT MtSSING ALUMDER ''SNfr1f" MY!flS ~AUSlA .~LSON tiASIOL;) OQtS'tIN P!olVI L:S PfNNfA HHBV RAPAP<lAT JR :.tAFIK RAnlNCEJil 111. nlNlCf AOGtAS E~: fN SI'IAPIAO ILENE SIlBER FRFOFRtCK E SING!R awwv. WUNSH HONORARY SOARD Oi TRUS1lES . A08f.HT IUAGIA. MD. "lfXANOtA ~D . ::lETAA ~y . LARRY OCHSTE!N ~S8l JOEL OlAZIN RABBI LEON S. ANI( !lA8BI JOEL UVlNE RA8BI I'OWARO SHAPlAO AA88I STeVEN 'IotSTfoWl EXEc:;nVE OJRfCTOR ~TEVEN IWUNSKY. csw.~ ~ss'r EXEC'..;T1VE 01ffECTrJIIf i"tAAAEEN 6ERTlSCH. MS. . Put Prtullrlt Q . ...... ""'" .. ~ o 'RlIMTIlIII \I .1ItM IUCIf CUT'I Main oml 700 Spencer C West Palm Beacn. Fl 3:l (407) 689-7 FW: (407) 478~ April 17, 1989 . :... .~. - . . ,.-.. , :~..t: Ms. Billie Duaaer Treasure Coast aeliona1 Planning Council 3228 S.W. Martin DoWDS Blvd. Suite 203, P.o. Box 1529 ".1. r.i to.., PT. 1"QQn - <-: i.J ..., ~ :;. 4' 3: It. ; . ii~; . ." I.:. _ :.. ......~_..Lll._ .!: fl...: ~ ~ . Dear Ms. Duger: As per our c:onversation, I relre; that I am unable to attend d h..riuIS today a. it is a religious holiday and the Je~.b Cammuuit Center is closed. I wish to go on record in reply to the comments of the sta1 "ho revi.lI!ecl our application. The Jewish COIIIIIIUnity Center of d Palm Beaches, Inc., haa providecl services to the elderly of th:l comDlW'lity tor over a decade. ~Ue its service area is t1"oa Boyntc Beach to Jup1ter, the JCC has concentrated its service. to d elderly of Central Palm Beaeh County and. most recently, Boyntc Beach. The Jew1$b Commuuity Center is the only provider c tran.~ortation "ho also.: furnishes other services to the elderlj primarily nutnt1ol141, educational and recreational prolramming. Laa: year :he Jewish Community Center provided ovel; 77 ,000 meals j c:onjunction with HRS on a non-sectarian basis. The leadership of the Jewi.sn C01IIIIlWli ty Center lIlade a ciec1s10n QC to c:ontract w1th. the Area Agency on Aging of Palm Beach/'rreasuJ: Coast, Inc., after 10s1DI $90,000 on our Senior Center Transportatic Program. A more lIloclified program was required as aovermaent subsidi. 'lArA nn1' ;av..il;ahl_ in rhA ;alftntITlr n__nAtf ,qnn tht1~ nr~v~nf'''ci 1T!I1 t:rr participa~1Dg i4 tne aetwork. However, the Jewish Community Ceuter provide. tranapor;.tion to ot11. than Center participants, providing services at times when the ot11, transporta'tion providers are unavailable, supple_nting rather th.. duplica't1ng services. the Jew1sh Community Center of the Palm aeaches, IDc., prOV1.a.E essential services to this community and the funds requested al imperative to their continuation. While we are aware of the Council t s Itelional Comprehensive Polic Plan GovermDental Efficiency Goal 20.1.1, we must again stress tho our services are supplementary rather than duplication. ~SA~erel:, J . ~:t sky, ~~.cutive n rect YEAR 5749 r1~ , BAR MrlflA:;EA~ .. ~~ 51( / 1:'0 1Hf JItDI caMUNIt'f ctmllt 01 TJIl ~ IJUCHIJ 1R'1M11lJMOS FRtJM IMITE/) WAY fJI 'NM IlMiII CJJUIITY. 'AIM 8IAOI CQIJIIfl" aJIIMIrr affST. MID IS .AHlUATm ~ .NIl STA'l'EHENT OP CHARLES P. DULD, CHAIRMAN GOVERNMEN'l'AL RELATIONS COMMITTEE HOMEOWNERS ASSOCIATION GOLDEN PONDS ADULT COMMUNITY 1832 GOLDEN PONDS DRIVE PORT PIERCE, FLORIDA, 34945 REGIONAL p~nrING COUNCIL APRIL 21. 1989 ;:7 11- s ~ - {} ~e. j, I thank the members of this council for the opportunity to address you and bring to you the concerns of the residents and homeowners of Golden Ponds. We at Golden' Ponds have joined with the residents of Angle 3.oad and those of the Meadowood Community in' opposing a request, before you, for a change in a land use and zoning within our area. Interstate Citrus Partners Ltd has made application to amend the Future Land use Maps of the St. Lucie County Growth Management Policy Plan from SU (semi-urban) to X (interchange). This applic- ation is for that tract of land bounded by Johnston Road. an the east, extending west to 1-95 just nor'th of Angle Road. In addition, the represenative of this company has officially stated that they do intend to file for rezoning under the PNRD (Planned Non-Residen- tial Development District) in order to convert this land to an industrial park. . ,. We are amazed that this area could ever be considered as non-res- idential. Golden Ponds is only yards away w~th over four (400) hUndred homes upon completion of the final phase presen~y under construction. There will be approximately ught hundred plus residents. At present there is an unknown residential count at Meadowood. Construction is also underWay for approximately six hundred plus townhouses north of Angle Road just west of 1-95. This property will border up against the property in question. Predictions of three thousand residents for the very near future, upon completion of these developments, as well as the private residents along Angle Road and Johnston Road, is just a conser- vative estimate. To approve any land use change or to rezone to a so called Non- Residential Development District would allow an industrial park to be placed right in the center of a totally residential area. Our intentions are not to hinder the industrial qrowtb of St. Lucie County, to the contrary, we oppose such a change for the health hazard that we will be subjected to. ~ The reasons for our objections are as follows: 1. A severe increase in vehicular traxfic will pose a hazardous condition to children in the area and to the senior adults who must use Anqle Road for access to their homes. 2. Excessive noise pollution from the trucks and other traffic cominq and qoing from this proposed industrial park. 3. Vehicular exhaust pollution will pose a serious health problem , , ~ con1:inued #: 2 ""'" 'i 1:0 all concerned and especially 1:0 our older ci1:izens. 4. Indus1:rial exhaust pollu1:ion w~ll only add to breathing problems of older adults. 5. Industrial waste which could very well be toxic, will seep into our water supply and into the ground on which we reside. 6. Indus~y will demand large water consumtion, which will pu1: a strain on an already dwindling Plorida wa1:er supply. 7. Indus~ial waste will overtax our present sewaqe system crea- ting a call for an expansion. Th~s will eventually be paid for throuqh an increase in taxes, causing a financial burden on our retirees living on a fixed income. 8. Last, but no1: least, a definite depreciation in the value of our homes. To summarize our objectioDs with official statistics by the Federal Enviromental Protection Aqency I quot:e just one paraqraph which recen tly appeared in the newspaper, II AMERICAN INDUSTRY IS POURING A STARTLING AMOUNT - MOR2THAN 22 BILLION POUNDS IN A YEAR- OP TOXIC CH~~ICALS INTO THE AIR, WATER AND LAND. I will not delay this me.tinq with a complete run down of all the statistics. I do present: you with copies of this repo~t. In addition I wish to also present to you copies of another news report reqardinq the standoff of Insurance Companies and corporate polluters over who should pay the bill for the cleanup. I quote just on paraqraph "The st:art of lIlultibillioD dollar cleanups around the na ti.OD has ~iqqered a leqal war bet:ween. insurance companies and corporate pollu1:ers over who shouls foot 1:he bill: Unquot:e. In the interim I assume you can reach a conclusion who is sufferinq. Mos1: of our resident:a have set1:1ed in this area to avoid industrial pollution, excessive ~affic and. have. spent there life saVings to find a Shangri-La. Will they b. soon disallusioned? Their expec1:- ations to extend their lives will ae shattered, and to the contrary their lives will, in essence, be shortened by the stroke of an approving pen. We implore you to give this request, for a land use change, grea1: consideration reqarding the impact this will have on. the health and well being of all the residen ts in this area. :ie ask that this request for land use change and for any rezoning be denied,we ask that this area remain residential. Thank you for your kind atten1:ion. The resident:a of the Golden Ponds thank you for any favorable conclusions you may reach in their behalf. . , 7 I . . . EP-A: Pollution from . . industries 'startling' WASHINGTON (AP) - American industry is pouring a , I startling" amount - more than 22 bilUon pounds in a year - of toxic chemicals into the air, water and land, the Environmen- tal Protection Agency disclosed Wednesday. While EP A officials said they were surprised at the large volume, they said the figures by themselves provide no clear in- dicator of the possible impact on health. EP A Administrator WOllam Reilly said that wbile tn raw figures - supplied by industry under a new "right to know law" - will be useful in developing regulations. they don't show rate Pollution of release. concentration or ac- tual exposure. "Release does not equal ex- posure. " he said in a statement. "It is Ukely that only a few fac:ilities are exposing the public to toxic chemicals at a rate that could require immediate action. ,. Reilly said. Nevertheless. the sheer number of pounds of toxic . substances - more than 300 chemicals including an assort- ment known to cause cancer and other serious illnesses - took government officials by surprise. "The numbers are startling ... unacceptably high and far beyond what we ttlought was oceurriDg, ., .. POLLUTION. ,.ge A 111 From A 1 said Linda Fischer, assistant EP A administrator for policy and plan- niDI, at a news conterence. At the same news. conterence. Sen. Frank Lautenberg, D-N.J., sugested the figures provide clear evidence that stronger emi.aon controls are needed for industry . . 'The numbers are stagger- ing," declared Lautenberg. According to the figures sup- plied to the EP A by chemical companies and other industries. 22.5 billion pounds of toxic pollutants were released from plants and other facilities during 1987, the year covered by the reporting requirements. ,The releases broke down this way: 9.7 billion pounds of chemicals into streams and other bodies of water. 2.7 billion pounds into the air, 2.4 billion pounds into landfills, 3.2 bilUon pounds injected deep into the ground for disposal. 1.9 bilUon pounds shipped to municipal waste water treatment plants and 2.6 billion pounds sent to off- site treatment and disposal facilities. Texas had the most overall pollutants. ranking. first among - the states in air and land re and either second or third other categories. Louisian ranked among the top five in all categories. wbile Cali had the highest volun releases into water. 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Q,eo=- ~~31ll=---~~=Q~~>~ "e= :<"= _ ~ . :;'Q~-rAa;: = ~<g ...==-:a -==-11I:- :...= =-=-u"';':a= ~:.II- Q__a -.., ~ to Q) ..-+ ,-t. - m cr ... CD ~ en 0 < m .... r+ 0 >< -. ~ (j - m Q) ~ c -c en . - ,9 .. t A DEVELOPMENT OF REGIONAL IMPACT ASSESSMENT REPORT DRAFT SUBJECT TO MODIFICA TIONS BOYNTON BEACH MALL SUBSTANTIAL DEVIATION treasure coast regional planning council _ A DEVELOPMENT OF REGIONAL IMPACT ASSESSMENT REPORT FOR BOY N TON B E A C H MAL L SUB S TAN T I A L D E V I A T ION BOYNTON BEACH, FLORIDA April 1989 PREPARED BY TREASURE COAST REGIONAL PLANNING COUNCIL 3228 S. W. MARTIN DOWNS BOULEVARD PALM CITY, FLORIDA (407) 286-3313 '-' ...., TREASURE COAST REGIONAL PLANNING COUNCIL Commissioner Carolyn Eggert, Chairman Indian River County Dagney Jochem, Vice Chairman Martin County Kevin Foley, Secretary/Treasurer Palm Beach County Commissioner Margaret C. Bowman Indian River County Commissioner Karen T. Marcus Palm Beach County Commissioner Molly Beard City of.Vero Beach Commissioner Carol Roberts Palm Beach County Mayor William Dannahower City of Fort Pierce Commissioner Carol Elmquist Palm Beach County Commissioner Havert L. Fenn st. Lucie County Councilman Charles Helm Village of Palm Springs Commissioner Jim Minix St. Lucie County Councilman Richard Galeta Town of Lake Clarke Shores Commissioner Walther W. Thom Martin County Mayor Mary Hinton Town of Jupiter Commissioner Frank Wacha Martin County Commissioner Margaret Cole Town of Jupiter Island Gubernatorial Appointees Charles Davis Indian River County Joseph Bi1ancio Palm Beach County Kenneth Ferrari Martin County Edmund Gonzalez Palm Beach County vincent Goodman Palm Beach County Hugh "Pat" Kelly st. Lucie County BOYNTON BEACH MALL SUBSTANTIAL DEVIATION REPORT AND RECOMMENDATIONS TABLE OF CONTENTS PAGE INTRODUCTION i GENERAL PROJECT DESCRIPTION ii IDENTIFICATION OF IMPACTS AND RECOMMENDATIONS I ENVIRONMENT AND NATURAL RESOURCES 1 Habi tat Preservation 3 Drainage 6 Hazardous Materials and Waste 9 TRANSPORTATION 11 ~ 'W INTRODUCTION This assessment of the impact of the proposed Boynton Beach Mall Development of Regional Impact Substantial Deviation has been prepared by the Treasure Coast Regional Planning Council as required by Chapter 380, Florida Statutes. It is intended that this impact assessment report will provide the City of Boynton Beach with an overvi~w of the positive and negative impacts likely to result from approval of the substantial deviation. The recommendations of the Treasure Coast Regional Planning Council are developed to assist local government in reaching a Development Order amendment for the proposed substantial deviation. They do not foreclose or abridge the legal responsibility of local government to act pursuant to applicable local laws or ordinances. The Boynton Beach Mall Substantial Deviation Application for Development Approval Substantial Deviation was originally submitted August 18, 1988, and was supplemented with additional information dated September 14, 1988; and December 12, 1988. On February 24, 1989, the formal Development of Regional Impact Application for Development Approval review process was terminated by the applicant. On February 28, 1989, Council notified the City of Boynton Beach that a public hearing could be scheduled for Boynton Beach Mall Development of Regional Impact. i GENERAL PROJECT DESCRIPTION PROJECT NAME: Boynton Beach Mall APPLICANT: The Edward J. Debartolo Corporation 7620 Market street Youngstown, Ohio 45512 LOCATION: West of Congress Avenue, East of Military Trail, South of N.W. 22nd Avenue, and North of Old Boynton Beach West Road in Palm Beach County, Florida JURISDICTION: City of Boynton Beach SIZE: 117.46 Acres PREVIOUSLY APPROVED USES: Commercial/Retail: 117.46 acres/1,108,000 square feet PROPOSED CHANGE/SUBSTANTIAL DEVIATION: Review of development impact involving the addition of a sixth major department store which will increase the mall's square footage from an approved 1.108 million square feet gross leasable area to 1,244,449 million square feet. ii w HYPOLUXO ..." RD. uJ > < OLD BOYNTON fVW 2'2 NO ..J < a:: I- RD. NEW BOYNTON_ . BEACH BLVD. :>- a:: < I- :l ~ 0) 0) w a:: ~ z o <.J W I- < ?- m a:: w I- Z ?- m w a:: <.J < W 0) WOOLBRIGHT ?-O. s.w. 15TH. AVE. GOLF RD. .. NOT TO SCALE LEGEND BOYNTON BEACH MALL City of Boynton Beach, Florida ~ ~ S tuay Area SOURCE: Boynton Beach Mall Substantial Deviation ADA THE EDW ARO J. DeBARTOLO CORPORA TION iii >.1,4,? " BOYNTON CANAL ""'" /~ - GENEAVA':' r==~.---------- (-~:_------~~------'"\ '1 r-- ~ I ~~I~: ) : /~-->': I'll 1 "'LO~. ~\! i ~-------?/ '<\, iJ I """,onoo poo. I i ~ I:; ) I \ \j ~ I .-J I i!H ( ! /;_\ L_ - 1. IV"N"O~ 1:11 J \ I',. \ - . ./ . I',. I I r----. \ I'I'", \ j 9!~ I I ~ '--" r : Kln1.y!, : J :~: . ~ rro::/.3 I : ... 1:<1 I (-"""OVeD) I I I RETEHnON ,. := , I I "OND 11~ ',. I I ,'I ~ r1J : "'----~ 1---: ill'll WI, II: \". WI i ' ' I~ \ I I ~:'~II: I 1 I :r.ll' '" ': I I I -/ : " " s I I su.....u:a PARKING 1 . UR~AC:. l.IARI.OW) I -', PARKING i' ~ I NOREEH~I':' I : U,I ,I 1 I \ I :>j 'I I \ ~l I ,.- \ I ....:;; J I ( I I oapON ! I ~ : I I: ,'.' "~I II I I I. 1 I :,~ Q I 1 I I .-/!\\ ~11 I I I, PANDORA '\ I II : III I' J - I'\. / ~ , Q, / / \ --- , i: j:: 1 I ,.I',.'" I ('\. , 1--- I ~ I ,.,. If",', If"--- '. --.J :; I ./.// /, I" I r QUINTON I II: \ 1...../,." I ~... I ','....J I ., I ~ I " : (I I \ I ~ Illl \,,! : /) \ ~ "I 1./ RUSKIN ,II , .,'" , 1(-----. \ "'./ . I 1r' II \,,. . : ~! /,~ ................-1.\ '\',-/ I' l .. Ie --- ---------.... I ---.J- -==:=. - ~- ~ ' ~, _1fT. 'a. ""'\ r ~ -. I.OTHAIA ~I . " ~ J_ 1 RII'nHnON POND ~ ~-.-J r ~ o 200 400 : - ! GRAPHIC SCAI..!: I N FEE,. !NT. "'li- e OLD BOYNTON ROAOJ 1-1 r AceZSII "OAD "1'0 BOYNTON ' BIIACH aLVO. (:I.R.4041 II 1 BOYNTON WEST ROAD LEGEND I I i i I ' I I I : ! I d~ '\J Ii , I , , .. I i '1~) -~ z II II I i : ! , I I. i _-----/1~ ---, ~ .,jj,I I ) 'I I I i BOYNTON BEACH MALL City of Soynton Seach. Florida Project Boundary :::O"'El..-:,p'.'elf Sl;W.1....I':lY :l~:..~= S<J. =1. JL.... SOURCE: Boynton Beach Mall Substantial Deviation ADA :"Sl'~-; ?'OleCI ":'u:r~__ad :..onn'!lcn T~ I ell ... c;:ro~ecl PrOlecl H8.'370 229.JJO 1,:08.800 THE eDW ARO J. DeBARTOLO CORPOR" T10N ::'~ccsed <;"oa""o" 'T..1111 ;:l,o I'!CI : :::!S.~4g 1 2~4.~49 iv MAP H 'w .."", EXHIBIT HVW-l: Boynton Beach Mall Pinel and Preserve -- '-1 --, .---J ----, ~ t-./ .~ _J ::=~ -......, : =-,j --.. PRESERVE ~ JOy"Ta.. CA....... ~.-..._------ ----------~". :..------- J;. j : ii: =- ,~ i ~: -' .'~' " -j ~::: /,'/ , ~ .,' ')'1::::: ( j. ~ ?""J; -- l' _..10 ___ ------ ~. =~.... 7.) :;0" '" PfNELAND o .... 200 ~ ! GRAPHIC SCALE IN FE:ET v :" ~i . I , , . "'f,.,ta. ..,- ' '~ :!iJ ;; I I , --.. '----, : .~....... j : ! '. :--l ,~':: ~ __ --===-; it - . ;~ ..'.1 .' / r"';::' \\. I!\ ~ : OUl "''''"'OIl "0.... I 'OYNTOII ....aT IIOAO oOCC'.. .... "0 ....~_ J. ..... ..... ! La .... MAll. SITE oV J, ~ -, -' IDENTIFICATION OF IMPACT~ AND RECOMMENDA TIONS I IDENTIFICATION OF IMPACTS Substantial deviations undergo essentially the same review process as full Developments of Regional Impact (DRI) , except that the review shall address only those issues raised by the proposed change. In preparing its report and recommendations, the statute requires the Council to 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 Region. (b) The development will have a favorable or unfavorable impact on the economy of the Region. (c) The development will efficiently use or unduly burden water, sewer, solid waste disposal, or other necessary public facilities. (d) The development will efficiently u_se or unduly burden public transportation facilities. (e) The development will favorably or adversely affect the ability of people to find adequate housing reasonably accessible to their place of employment. (f) The development complies with such other criteria for determining regional impact as the regional planning agency deems appropriate, including, but not limited to, the extent to which the development would create an additional demand for, or additional use.. of, energy, provided such criteria and related policies have been adopted by the regional planning agency pursuant to s.120.54. Subsection 380.06(8), Florida Statutes The primary purpose of this report and recommendation is to identify the regional impacts, both positive and negative, that can reasonably be expected to occur should the proposed proj ect be approved. In carrying out this obj ecti ve, the report, through its recommendations, suggests opportunities to eliminate or mitigate negative impacts that are expected to occur and, where possible, to enhance the positive features of the proposed development. It should be clearly stated at this time that this report and its subsequent recommendations are primarily directed at regional systems and facilities and do not necessarily address what may be considered local concerns. The recommendations for approval or denial, as well as any recommended conditions to be included in the Development Order amendment, are limited by statute to regional concerns. III -- ~ ::: Additional DRI review pursuant to Section 380.06(19), Florida Statutes, has been conducted. The original DRI review and assessment evaluated impacts from 1.108 million square feet of regional mall development. The following report and recommendations address transportation and environmental issues which arise from the proposed .development of an additional anchor store consisting of 136,499 square feet. ENVIRONMENTAL AND NATURAL RESOURCES Although the negative impacts of Boynton Beach Mallon environmental quality and regional natural resources are expected to be minimal, some impacts will occur. These include: 1) impacts on air quality due to increased automobile use (see TRANSPORTATION); 2) negative impacts on existing native populations of wildlife due to habitat loss as a result of land clearing or expansion (see HABITAT, VEGETATION, AND WILDLIFE); 3) impacts on species of special regional concern should unobserved and unexpected populations occur (see HABITAT. VEGETATION. AND WILDLIFE); 4) negative impacts on native habitat if pest exotic vegetation is not removed or is removed carelessly (see HABITAT, VEGETATION, AND WILDLIFE); 5) negative impacts on water quality due to the pollutants associates with runoff from urbanized areas (see DRAINAGE); and 6) potential impacts on surface and groundwater resources from hazardous materials (see HAZARDOUS WASTE AND MATERIALS) . Although the amount of pine1and on site will be reduced by this additional development, the quality of the remaining habitat will be improved and maintained through implementation of a habitat management program. Impacts can be reduced by utilizing native plants in landscaping and removing invasive exotic species from the site (see HABITAT, VEGETATION, AND WILDLIFE). The implementation of additional Best Management Practices can be utilized to minimize the negative effects of increased runoff from the site (see DRAINAGE). TRANSPORTATION The proposed addition to the Boynton Beach Mall is expected to be builtin a one-year phase with completion proj ected for late 1989. The Council has relied upon this phasing schedule in its assessment of transportation impacts and recommendations for conditions to be incorporated into the Development Order in order to mitigate adverse impacts. By the end of 1989 (projected buildout of the additional square footage), it is expected that the addition to the Boynton Beach Mall will generate 3,693 daily trips bringing the total Mall trip generation to 40,058 daily trips. IV Congress Avenue and New Boynton Beach Boulevard will experience the most intense impact from the proposed proj ect. Prior to bui1dout of this proj ect, additional lanes will need to be added to Congress Avenue and Old Boynton West Road, if Council's ohjective levels of service are to be maintained. Improvements to the intersections of Hypoluxo Road, 22nd street, Old Boynton West Road, and New Boynton Beach Boulevard along Congress Avenue; and to the interchange of New Boynton Beach Boulevard and 1-95 will also be necessary to maintain adequate levels of service on the regional roadway network. v ~ ~ ~ RECOMMENDATIONS If the City of Boynton Beach chooses to approve the proposed expansion to the Boynton Beach Mall Development of Regional Impact, it is the recommendation of the Treasure Coast Regional Planning Council that the following conditions or requirements are included in the Development Order or Development Order amendment issued by the City of Boynton Beach. APPLICATION FOR DEVELOPMENT APPROVAL 1. The Boynton Beach Mall Substantial Deviation Application for Development Approval is incorporated herein by reference. It is relied upon, but not to the exclusion of other available information, by the parties in disCharging their statutory duties under Chapter 380, Florida Statutes. Substantial compliance with the representations contained in the Substantial Deviation Application for Development Approval, as modified by Development Order amendment conditions, is a condition for approval. For the purpose of this condition, Deviation Application for Development include the following items: a. Substantial Deviation Application for Development Approval dated August 18, 1988; the Substantial Approval shall VI b. Supplemental information dated September 14, 1988; and c. Supplemental information dated December 12, 1988. EFFECTIVENESS OF DEVELOPMENT ORDER 2. Except as specifically amended herein, all conditions specified in the Development Order (Resolution Number R-74-343) and subsequent amendments to the Development Order for Boynton Beach Mall shall remain in full force and effect. HABITAT, VEGETATION, AND WILDLIFE 3. The developer shall preserve no less than 3.41 acres of pineland in the northwest quadrant of the site as shown in Exhibit HVW-1, or in any other configuration approved by the City of Boynton Beach in consultation with Treasure Coast Regional Planning Council. Preservation in perpetuity as a native habitat preserve area shall be assured by deed restriction for a minimum of 3.08 contiguous acres within that quadrant. 4. within one 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 City of Boynton Beach in consultation with Treasure Coast Regional Planning Council: VII w ~ . ". a. all exotic vegetation which occurs in the preserve areas shall have been removed; 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 c. a funded plan for the on-going 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 submitted 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. 5. Prior to commencing construction activity within the parcel containing the preserve, the preserve shall be temporarily fenced or otherwise delineated to prevent construction equipment from entering the area. 6. The additional area of pineland outside the 3.08-acre native habitat preserve shall be planted with native Florida f1atwoods species to sUfficiently buffer the residences adjacent to the mall. The intent of this condition is to require that at least the same level of VIII buffering from noise, exhaust, and visual impacts of the mall is present after additional development is complete as is currently afforded by the larger area of pine. The planting of this area shall be done in such a way that it does not interfere with management of the native habitat. 7. 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. DRAINAGE 8. 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 Manageme'nt Practices: use of grassy swales to pretreat runoff before conveying it to the detention ponds and weekly parking lot sweeping. 9. Vegetated littoral. zones shall be established around the existing detention ponds utilizing native woody species. Prior to construction and planting of the littoral zones I the developer shall prepare a design and management plan for the littoral zone for approval by Treasure Coast Regional Planning Council and the City of Boynton Beach in consultation with the South Florida Water Management District and Florida IX - """, !' 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 zone. Wherever possible a minimum of ten square feet of vegetated littoral zone per linear foot of shoreline shall be established and configured so that at least 50 percent of the shoreline has a vegetated littoral zone. Alternate design .may be necessary due to physical constraints inherent in retrofitting these existing detention ponds. The littoral zones shall be in place prior to the issuance of a certificate of occupancy for any additional square footage constructed pursuant to this Development Order. 10. 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. HAZARDOUS MATERIALS AND WASTE 11. Prior to issuance of a building permit for any additional square footage approved by this Development Order, the developer shall prepare a hazardous materials management plan that meets the approval of x Treasure Coast Regional Planning Council and the City of Boynton Beach. The plan shall: a. require disclosure by tenant of all hazardous materials proposed to be stored, used, or generated on the premises; b. provide minimum standards and procedures for storage, prevention of spills, containment of spills, and transfer and disposal of such materials; c. provide for proper maintenance, operation, and 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 f. require the inspection of premises storing, using, or generating hazardous materials prior to commencement of operation and periodically thereafter, to assure that the provisions of the plan are being implemented. TRANSPORTATION 12. 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 XI '-' "WII .. Beach County as necessary and consistent with the Palm Beach County Thoroughfare Right-of-way Protection Plan. 13. 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. 14. 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 warranted by City, County, or State criteria: ~ Hypo1uxo Road/Congress Avenue Northbound Southbound one right-turn lane one right-turn lane two through lanes two through lanes two left-turn lanes two left-turn lanes r\ . ~l'J (".,"" .i t'"' " , ..~..,}' h~'(I.( 1...., ,." " t':.., (.Ie ..~..IJ / ,-!yvJ I" XII _0 c. ,; ~{l- ,j/.1V,.t/ / ,.-< ,. ~ - '1 , ( . \:j.~ ~~.~~.J" l,.4r,. '/'~.J .:/..,.~.. Eastbound Westbound one right-turn lane one right-turn lane two through lanes two through lanes two left-turn lanes two left-turn lanes (+- " .141') (I ! (,.) N.W. 22nd Avenue/Congress Avenue Northbound Southbound one right-turn lane one right/through lane two through lanes one through lane one left-turn lane + ?,.,.,_.,.~ "A.? ,t".; Eastbound. one left-turn lane Westbound one right-turn lane one right-turn lane one through lane two through lanes one left-turn lane one left-turn lane -Ii ~)L~/ ~~.~ JZ.....,., 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 . f iC{'o-,,"'Ht.! ~ t..~ Eastbound o~~~~~~~urn lane Westbound one right-turn lane one right/through lane one through lane one through lane two left-turn lanes one left-turn lane .~(.:l d. New Boynton Beach Boulevard/Congress Avenue Northbound Southbound one right-turn lane one right-turn lane three through lanes three through lanes two left-turn lanes two left-turn lanes XIII .Jj . C,I~ .':it " t\ .... ..., .. Eastbound Westbound .. one right-turn lane one right-turn lane three through lanes three through lanes two left-turn 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 Not Applicable two left-turn lanes Eastbound Westbound three through lanes one right-turn lane two left-turn lanes three through lanes \\ All configurations shall be constru<;::ted 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. 15. The developer shall pay a fair share contribution consistent with the fair share impact fee ordinance XIV applicable to the Boynton Beach Mall Substantial Deviation. 16. 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 City 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 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 season, peak hour conditions. The traffic study shall: a. be conducted in 1990; 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 operating condi tions for the subj ect transportation network during the projected completion of the project, including project impacts and growth in background traffic. Additional building permits shall not be issued until a new project phasing program and roadway improvement program (necessary to maintain Level of Service C annual average daily and Level of Service D peak xv ~ "'WII ;;. season, peak hour operating conditions) has been approved by Palm Beach County, the City of Boynton Beach, and Treasure Coast Regional Planning Council for the remainder of the development. .... XVI ENVIRONMENT AND NATURAL RESOURCES "In preparing its report and recommendations, the regional planning agency 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 Region. . . . (c) The development will efficiently use or unduly burden water (and) sewer facilities. II section 380.06. Florida statutes 1 HABITAT, VEGETATION AND WILDLIFE Issue Continued viability of the pineland habitat on site is threatened by the invasion of exotic weed species promoted by development of the adjacent mall. Policy Council policy seeks preservation of enough native habitat so that no more species in the Region will become endangered (Regional Goal 10.2.1). Regional Goal 10.1.4 is to abate the degredation 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 original 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 pine1and buffers the residential area west of the mall site from the noise, air pollution, heat, and visual impacts of the mall. The habitat value of this preserve area is compromised in part due to an overgrowth of vines and some exotic plants that have invaded the pineland. Management of the preserved area to control the vines and remove exotic species would improve the habitat value of the pineland and help assure the continued survival of this small tract. Such action might also, however, decrease the utility of the area as a visual buffer unless other action is taken to enhance the effectiveness of the area as a buffer. The developer is proposing to add a Sears to the mall which will lie within the currently developed areas. However, in order to accommodate additional parking, the developer is proposing to remove 2.42 +/- acres of the existing pine area. To minimize the amount of pineland removed, the developer is proposing to relocate and culvert lateral Canal-23 (L-23) so that it lies beneath the ring road of the mall. Once this canal is culverted, it will create an additional .14 +/- acres of land along Javert Street where pines can be planted. The developer is proposing to remove the Brazilian pepper from the remaining pineland, replace it with slash pine, and to plant pines in the existing sparsely vegetated areas as well. 3 ~ "fWI 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 3.41 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 subj ect 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. Recommendations 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 3.41 acres of pineland in the northwest quadrant of the site as shown in Exhibit HVW-1, or in any other configuration approved by the City of Boynton Beach in consultation with Treasure Coast Regional Planning Council. Preservation in perpetuity as a native habitat preserve area shall be assured by deed restriction for a minimum of 3.08 contiguous acres within that quadrant. 2. Within one year from the effective date of the Development Order and prior to the issuance of certificate (s) of occupancy for any additional square footage constructed pursuant to this Development Order, the following must be demonstrated to have occurred to the satisfaction of the City of Boynton Beach in consultation with Treasure Coast Regional Planning Council: 4 a. all exotic vegetation which occurs in the preserve areas shall have been removed; 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 c. a funded plan for the on-going 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 submitted to both of those entities 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 activity within the parcel containing the preserve, the preserve shall be temporarily fenced or otherwise delineated to prevent construction equipment from entering the area. 4. The additional area of pineland outside the 3.08-acre native habitat preserve shall be planted with native Florida flatwoods species to sufficiently buffer the residences adj acent to the mall. The intent of this condition is to require that at least the same level of buffering from noise, exhaust, and visual impacts of the mall is present after additional development is complete as is currently afforded by the larger area of pine. The planting of this area shall be done in such a way that it does not interfere with management of the native habitat. 5. All Brazilian pepper, Australian pine, and Melaleuca on the site shall be removed prior to issuance of a certificate of occupancy for any building constructed pursuant to this Development Order. These species shall not be used in landscaping. 5 '- ....""" DRAINAGE Issue stormwater runoff from the mall is conveying pollutants into the groundwater via existing detention ponds. Policy 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 from 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. 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 additional runoff by modifying the existing stormwater system. In addi tion, to conserve land area (see Habitat, Vegetation, and Wildlife), the L-23 is to be culverted and moved to lie beneath the western edge of the expanded parking lot. The South Florida Water Management District (SFWMD) has indicated that they do not expect water quality problems as a result of this change. According to the Palm Beach County Environmental Resources Management Office, the surficial aquifer lies approximately six feet below the surface, and the entire eastern portion of Palm Beach County is considered a recharge area. The SFWMD has collected water quality data for the mall site. The data indicates that, although the system is removing some pollutants and producing discharge water that meets most of the applicable Florida Department of Environmental Regulation standards, there are some exceedences. In addition, during rainfall events, pollutants present in the runoff appear in samples of groundwater taken just outside the detention ponds. 6 Better treatment of this water could be obtained through establishment 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 HAZARDOUS MATERIALS AND WASTES) . 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. 2. 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 for approval by Treasure Coast Regional Planning Council and the City of Boynton Beach in consultation with the 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 zone. Wherever possible a minimum of ten square feet of vegetated littoral zone per linear foot of shoreline shall be established and configured so that at least 50 percent of the shoreline has a vegetated littoral zone. Alternate design may be necessary due to physical constraints inherent in retrofitting these existing detention ponds. The littoral zones shall be in place prior to the issuance of a certificate of occupancy for any additional square footage constructed pursuant to this Development Order. 7 -., 3 . ...., Under no circumstances shall post development volumes exceed predevelopment runoff volumes storm event of three-day duration and 25-year frequency. 8 runoff for a return HAZARDOUS MATERIALS AND WASTE Issue The proposed Sears addition to the mall will include both an automotive center and a garden shop. Improper management of hazardous materials associ~ted with these uses could adversely affect surface and groundwater resources and the public health. Policy 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 9 ~ ..",., Order, the developer shall prepare a hazardous materials management plan 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 materials proposed to be stored, generated on the premises; hazardous used, or b. provide minimum standards and procedures for storage, prevention of spills, containment of spills, and transfer and disposal of such materials: c. provide for proper maintenance, operation, and monitoring of hazardous materials management systems, including spill and c?ntainment systems: d. detail actions and procedures to be followed in case of an accidental spill; e. guarantee financial clean-up: and for spill responsibility f. require the inspection of premises storing, using, or generating hazardous materials prior to commencement of operation and periodically thereafter, to assure that the provisions of the plan are being implemented. 10 TRANSPORTATION "In preparing its report and recommendations, the regional planning agency shall consider whether, and the extent to which: . 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'..... ill , ~ .... ,1) ~ +.> 'lj 'lj 'I: * TABLE TR-3 BOYNTON BEACH MALL SUBSTANTIAL DEVIATION INTERSECTION CONDITIONS 1989 INTERSECTION LOS PM PEAK HOUR BEFORE AFTER IMPROVEMENTS CONGRESS AVENUE/HYPOLUXO ROAD E CONGRESS AVENUE/22ND AVENUE E CONGRESS AVENUE/OLD BOYNTON WEST ROAD E OLD BOYNTON WEST ROAD/WINCHESTER STREET 0 OLD BOYNTON WEST ROAD/LAWRENCE STREET 0 OLD BOYNTON WEST ROAD/MILITARY TRAIL 0 MILITARY TRAIL/NEW BOYNTON BEACH BLVD. C NEW BOYNTON BEACH BLVD./WINCHESTER ROAD A NEW BOYNTON BEACH BLVD./CONGRESS AVE. E NEW BOYNTON BCH BLVD./OLD BOYNTON WEST RD. B NEW BOYNTON BEACH BLVD./I-95 EAST E NEW BOYNTON BEACH BLVD./I-95 WEST E CONGRESS AVENUE/WOOLBRIGHT ROAD C CONGRESS AVENUE/GOLF ROAD B D C o D D C 15 ~ ~ Issue Should approval of the additional square footage requested be conditioned on compliance with current transportation policy given the scope of the original Development of Regional Impact (DRI) review in 1973. 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 proj ect 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 originally predicted to be generated by this project, can the TCRPC condition approval of the requested additional square footage on road improvements above and beyond those originally recommended (see Appendix C). Since square footage itself (in this case) was not the basis of regional concern, but rather the transportation impacts generated by that square footage, the applicant's argument for vesting with regard to transportation issues would perhaps have merit to the extent that the original transportation analysis otherwise remained valid. Unfortunately, this is not the case. Impacts of 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. Recommendation 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 .., "WI' Issue Adequate road right-of-way within the project boundaries should be preserved to accommodate traffic at buildout of the Boynton Beach Mall substantial Deviation (1989). Policy 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. Recommendation 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 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. 18 Issue Prior to buildout (1989) of the Boynton Beach Mall Substantial Deviation, certain roadway links significantly impacted by the development will operate at unacceptable levels of service. Policy 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 proj ected 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 33 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 into 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 Mil i 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 improvements under a and b above have been completed. 19 ~ ..." Issue Prior to buildout (1989) of the Boynton Beach Mall Substantial Deviation, the intersections of Hypoluxo Road, N.W. 22nd Avenue, Old Boynton West Road, and New Boynton Beach Boulevard with Congress Avenue, and the interchange of New Boynton Beach Boulevard/I-95 will operate below Council's acceptable level of service standards. Policy 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 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-laning 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 s~rvice. 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 projected to operate left-turn lanes are approaches. Boulevard interchange with I-95 is at LOS E unless additional through and constructed for the east and west 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 warranted by City, County, or State criteria: 20 Northbound a. Hypoluxo Road/Congress Avenue Southbound one right-turn lane two through lanes two left-turn lanes Eastbound one right-turn lane two through lanes two left-turn lanes one right-turn lane two through lanes two left-turn lanes' Westbound one right-turn lane two through lanes two left-turn lanes Northbound b. N.W. 22nd Avenue/Congress Avenue Southbound one right-turn lane two through lanes one left-turn lane Eastbound one right-turn lane one through lane one left-turn lane one right/through lane one through lane one left-turn lane Westbound one right-turn lane two through lanes one left-turn lane Northbound c. Old Boynton West Road/Congress Avenue Southbound one right/through lane two through lanes two left-turn lanes Eastbound one right-turn lane one through lane two left-turn lanes one right/through lane two through lanes one left-turn lane Westbound one right/through lane one through lane one left-turn lane Northbound d. New Boynton Beach Boulevard/Congress Avenue Southbound one right-turn lane three through lanes two left-turn lanes 21 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 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 Issue Impacts that result from the proposed development on those segments of the regional roadway network that serve the development must be mitigated in order to assure an acceptable level of service on the regional roadways with respect to the growth in the area. Policy For any regional roadway which is operating 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 bett~r than LOS C/O through 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 regional roadways. In cases where level of service falls below that during 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 regional 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 'w' .." Issue If the projected buildout date of 1989 is exceeded, the assumptions and data used to determine transportation impacts and recommendations 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 Mallon 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 City 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 and 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 a. be conducted in 1990; 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 operating conditions for the subject transportation network during the projected completion of the project, including project impacts and growth in background traffic. Additional building permits shall not be issued until a new project phasing program and roadway improvement program (necessary to maintain Level of S2rvice 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 Treasure Coast Regional Planning Council for the remainder of the development. 25 APPENDICES 27 APPENDIX A CORRESPONDENCE FROM PUBLIC A-I Board of County C<. ,lissionp.rs ,County Administratol . Jan Winters DCp.H.t mClll of Planning, Zoning & Buildi Capol .-\. Roberts, Chair Cuol J. Elmquist, Vice Chairman Karen T. :V1arcw, Dorothv 'vVilken Jim \-Vatt --~~~:~ ~f:7':, .l';~:~~ r.........., '. .,.,'., :"J. ;~"'.. ~.. . . ..,;, ':;;.;~:.'..'"" ~,....3i. n ..,' ,.' '" : ;.' . .' 1/ ~--' ~PR 1 Q 1989 Marcn ~l:S, 1.989 Mr. ~ecer cneney, City Manager C1CY ot ~oyncon Beacn ~ .0.. Box.u U Boyncon deacn, fL 33425-0310 1~~:.'-.~,~. ;_:.. ::~\::C~ ;~~:;~:l.~L rw....au~u...~ RE: BOYNTUN BEACH MALL D.R.I., AMENDED A.D.A.; S~ATuS Of PINE FLATWOODS PRESERVE Dear Mr. cneney: On Marcn 2, 1989, the Planning Division was ~ntormed by the Treasure Coast Regional Planning Council that the C~cy of Boynton Beach can now schecule ~ pubiic hearing tor cne referenced Deveiopmenc ot Regional I~pact Su~stantial Devkat1on. ~he 21ann~ng Staff's review of the Amended Applicacion for Development Approval (AADA) for the Boynton Beach Mall DRI focusec on two issues. Staff sought to determine cne impact of tne proposed mall expansion (Sears Store, and relatea parkkng and lanes) on (1) the Pine Flatwoods Area, and (2) tne ~ine Acres Subd1vls1on, located immediately west of Javerc Screet (see enClosed c^nibits 1-4). AS you are aware, the Development Order (Resolucion K-j4-J4J) for the Boyncon Beach Mall by the Board of County Commissioners requires tae developer to "preserve the pine area on cne subject proper~y." Statf supports the preservation of the p~ne tlatwoods area. In add1tion, the Palm Beach County Department or Environ- mental Resources Management opposes the proposed reauction in size ot tne pine flatwoods preserve (see enclosed U6KM correspon- dence, Cary/Walesky/9/12/88 and Beditz/Walesky 12/16/88). DERM and che County l?lanning Staff both believe that a park::..ng garage ~s a vlanle alternacive, which would eliminac2 cne need to destroy a ~orcion of cne pine preserve. The preser7e betTNeen tne area ~s recognized by the AnneXat10n Agreement developer and the City of Boynton deacn, dated April A-3 3400 BELVEDERE ROAD. WEST PALM BEACH, FLORIDA 33406 . (407) 471-3520 ~ ..", 7-8, 198~. Shortly thereafter, in a Boara of County Commissioners public hearing on May 10, 1988, a numben of residents ot the Pine Acres subdivision and members of ~he Board spoke ou~ in support of preserving ~he pine tlatwoods tract. Staff also snares ~he opinion of the Director at U~RM, Mr. Ricnara Wa1.esky, ~hat public officials should dO tneir utmost to protec~ areas designated preserve on developmen~ master plans, and noc co set a precedent for allowing the eliminacion of a portion o~ a preserve or an entire preserve. " Accorolng to the AADA, forty-two (42) percenc of the pine tlatwooas area would be eliminated in order to relocate and culvert LaJee Worth Drainage District (LWDD) Lateral Canal No. 23, and to create additional parking spaces. 'fhis would represent a signif1caut reauction ot the preserve: Thus, the quali~y of the w1ldliIe nabitat and the effectiveness of the bUII8r would both be negative~y impacted. The buffer's widtn would decrease. ~lease re~8r to the enclosed DERM correspondence tor a thorough descriptlon ot the proposal's impact on the preserve's wildiife and overal~ ecosystem. however, II the Ci~y Commission of Boynton Beacn were ~o decide to take a Poskt~on contrary to the County's poslcibn on this issue and approve a reduction in the size at ~he preserve, perhaps Crle reduction would be Y~~L-:L~ml tea 1n scope (considerably less tnan 42%) and subject to condic1cns, such as the tollow~ng: The present and future owners of the Boynton Seacn Mall and che ~lne Flatwoods Tract would agree in perp~tulCY to, 1) ~Oreserve ~he Pine :E'la twoods 'rract a;;Q iden ~ify the sUbJect tract as "Preserve" on all currenc and future exnibics of the Boynton Beach Mall masier plan. 2} Adopt and implement an effective maintenance program tor the Pine Flatwoods Tract to safeguard its 8cosys~em. The program would include cne preventkon of and removal of illegally dumped items. 3) ~urture the growth of native ~rees and vegecaClon. 4) On a seleccive oasis, eliminate exotic or n~nnative speC1es. 5) ~rotect, and whenever possible, enhance cne subject tract's viab~lity as a wildlife habitat. 6) Maintain the subject tract in such a manner cnat it is an aesthetically attrac~ive ana effective Dutfer for the Pine Acres subdivision. 7) :'encing of the preserve should inc1.uae a number of small ground level openings to enable wl1.alite to move on and off sice. 'fhanx you for considering our comments. Please include these commencs w~cn your baCkup materials for all meetings and hearings where tnis amended DRr application is discusseG. In addition, include our comments in the official records of sucn mee~ings and A-4 / hearings. ~ou may contact this office ~! you nave any questions or commenTs with respect to the contents of this ~~c~er or ocher issues associated witn tne Boynton Beach Mall AADA. Sincerely, y~~- ~'- ,.L R xanne Manning, ~- Acting ~1.~nn1ng Uirecror ~IL~:BUdl/bOYN/ADA Rf:rt J:;nc. cc: V"'L. Cnr:l.SCkne Beui t:z, DRI Coordinator, 'l'CRJ:'C Carm..:.:a Annun1za to, Ci t.y t'lanner, Boynton Beacn ~nomas A. Marsicano, Assoc. Vice President, Gr~~ner. Inc. Kicn~rd B. ~alesky, D1rector, DERM Sam snannon, ASS1st.ant County Administrator Donna K:t'kstaponks,' Executive Di-rector, PZB Dept. Keoe<..:ca Martin, j 52"/ Ki tely Ave., Pine Acres ::;>\lbCk v1sion A-5 LEGEND BOYNTON BEACH MALL City of Boynton Beach, Florida --- P'olec: Bounoary 12: - Single Unit ReSIdentIal ~iledium DenSIty : 32 - Motnle Home rll<Jn DenSity '':'1 - ,'1etaJl :3ale5 ,1no Services Commerclal i 49 - SommerCl31 Services Under Construction ~ 92 - inactive J.nd '81th '31reet ?atterns out ':ldhout Structures. 193 - ;...irban Land '1 :(:lllsltlon "Ni!hout P0sltlve i~dlc::ltors of inrcrtued J 10 - rler!"Jllceou3 _:1no (Canal R,O,W ) EXISTING LAND USE / COVER ACllVI!'j THE EDW ARD J. DeBARTOLO CORPORATION ':'11 510 - p,,, e F: at',', 0 0 1":; Sannl 534 - ~eserVOI,S A-6 Source: FlorJda LJnd Use. cover and Forms C:asslficatlon~, ":'ISlem MAP DfF ~ LEGEHO BOYNTON BEACH MALL City of Boynton Beach, Florida --- Project Boundary · EXI:ltlng PIne Area Proposed For Receatlonal Zonlnl,;J De:lll,;Jnatlon - 3.41I Acre:; . Canal R.O.W, Area To 8e Planted As Pine Upland Communlt)' - ,14': Acres and Proposed For A acreslional Zoning [, 'Jsignation PROPOSED L~ND USE/COVER THE EDW ARD J. DeBARTOLO CORPORATION A-7 MAP D/F- ,.".-- = ~ BOYNTON CAN~L = ~J ! I . I; i : I I r =:==I' ~ ~; ~~ ~ i\ ,jJJ 'V^HHOi I ~i I KITEl.YJ I : I, .-J: 1.0THAI~ i ~l! i .-/ f-- MARLOW )r NOREEN ~\ rT? ~!:!I/ ~J III OeERON I! ~ WEST II: "I I III Q .-J: II ~ ~~NDORA 1. II i : I! ; ~,; ~l : , I /, OUINTON I! ft Il:\ \.~/// I ,~ \ / I . I ,,11\ ,~~ I, -.J1:lr ~'" ~\ Il ~ ~ I ,u,~1 I[ f"" \ : (------~,.: , I ~J lf0 '2Y---~---~';:, Ii -- _ . ~ ~ " _NT. ..... -- "'\ 1" --... -.. \ ::: ---- ~ -- EXHIBIT ",..!r ---- '3. RETENTION ~OND RETENTION ~ONO - -- ----- ~ - ,~ ~i I 'J , 1 ~- , . I~)' RET~TION po:j I I) j I ~ : _I II I I ~l 's ' ~~- I i I i : i .110 -- ~i~ , II i 1 ! ~ o 200 400 :"-'l_ GRAPHIC SC~LE: IN FEET , I I ) BOYNTON WEST ROAD ') , I i I Greiner "Inc. . o o --- e Co * LEGEHIJ BOYNTON BEACH MA1.1. City of Boynton Beach. Florida Pro ject Boundary Caten Basin Curb In"t Man Hole Flow Direction Exist. Drainage Area Boundaries Prop. Drainage Area eoundaries Ground Water Sampllng 'Nell (SFWMC) Recording Well (SFW MO) Surface Water Auto Sampler (SFWMC) V/////l Ne. Parkin., Wat<< Control Structure .. DRAINAGE MAP THE EDW ARC J. DeBARTOLO CORPORATION A-8 MAP RevlS8d 1 --. -- -. ; .- - ~- ex ''''118 'T 4-. . .. I '"' '"' : 1 i ~ Gl ~ ! > .:=" ~ i a. 1: J ~ = Q IJ ell ~ Q )00 Gl . ... ! 2 Cl .CD ! . . j ~ ! " , ! 1 l ! ~ i ~ ii . 0 I . . . : rJ) II. - ~ ... ~ . i i - 0 . ! ~ i 1 0 0 0 .- . ! ~ i .:= Q ~ l- . ! . I ~ J . i i );. j : ~ r ~I CD . ! h " Gl r:, ~i II I n ... ~ c ~ ::: H ell ..-J a. ~ i ! =-: 0 co ... a. c III ~ ~.- ----, 'f'AlIlJN,1t .. o 100 200 r\r." GRAPHIC SCALE IN FEET .-J )Ow.....". ~ .. z " .. .. '" ~ ~ .. :I o '" .. o .. o f t .i. + ~~ : I 11 W ,0,_.,._. ; ~ I ,'....,., . u . ,.,., ~ ~I cDl w ~ U > u a: o ~ o ~ -) _0'11I.." ~--~-.\ - -- - ~.:. 'ij' ' - -..., -~-- 1 il al ..IJW)JI --- -.-') i .:. Greiner. Inc. ~, BOYNTON BEACH MALL City of Boynton Beach, Florida PROPOSED LANDSCAPE SCREENING PLAN THE EDW ARD J. DeBARTOLO CORPORA T10N A-9 MAP H. Boa'rd. of C01Jnt)' Commissioners Ca'rol -\, Rob~~, ChJir Carol J, Elmquist. \'ice C haim1J.n Karen T. .\larcus Dorod1\' \\'ilken I r11 '., \ ' a r r 'W Count)- ,-\dmini~ J.1n_ \\'i,nt~r, 0ecsmber 16, 1988 Dep.1l'tment En\'ironmcnt.1J R-e ,\\.1n.1gemcn ,.-- ~s. L. Christine gedit:, DR! Coordinator Treasure Coast Regional Planning ,Council 3223 S~ ~ar~in Do~ns 3oulevard, Suite 205 Pal~ City, Florida 33490 ~""-:l~ '1: "C-~ -' _.oJ _. v I..... .: :; - -__10_ '" . ,.......,J ..1"1.. Dear ~s. 3editz: .......- .....:......;.L SUBJEC7: Boynton Beach ~all Develo9ment of Regional I~?act Substantial Deviation - Second Sufficlency Review The Pal::l Beach County Depart::lent of ::n:.,ironmental Resourcss :1anaqe!::lent has reviewed the appl:cant's response to the sufficiency review comments for the Boynton 3eac~ ~all Development of Regional I::lpact Substantlal De'7iacion Application for Develo~ment Approval. dated November 22, 1983. Ve submit the following comments for your consideration, in the order in which these topics were submitted by the applicant. ?~evious ?~l~ 3eac~ Count-, Actions Related to :he P~ooosed ?~o~ect The applicant stated in res~ocrse to our concerns that the or:ginal development order required the de'7eloper to ".. .preser.'e the pine area located on the subjec.: proper:y", but did not specify that it be designated or dedicated as a preserve. The applicant also noted that the area was zoned CG (Commercia! General), as was ~ost of t~e rest ot the property. In our previous letters of April 14, 1988 and Septe!!lber 12,1988, ....e stated the position of the Pal!!l Beach County Board of County Com~issioners and the Depart~ent of Environmental Resources ~anaqe!!len: that this ~i~e tract be ~reser7ed, as required in t~e origi~al de~elopment order of ~ay 76, 1974. ~e continUe to hold this position. 'Ie recommended that the applicant consider alternati'les to the removal of a. portion at the pille preserve. such as the cons truction of a parkinq garage. Pre~ious plans tor the ::lall proposed by the applicant indicated the potential for-the construction of a' parhnq garage. The applicant's response to our c~ncerns does not ~ention if consideration was given to oc~er alternatives. In the response, the applicant requested the Depar:~ent of Environmental Resource$ ~anaqement to provide a list of the Pine Acres sUDd:'l~sion resldents ~ho attended the ~ay 10, 1983 ~eeting at the Soard of Councj Commissioners, so t~ac cje l:st cou~d je :~cl~ded :n the Suf:ic:ency Response. ~s. ~ebecca ~a=::~ attended the ~eet:nq on behalf of approxi~ately 200 resldencs of ?ine Acres, and ~ade a statement on behal: of those indivlduals. Commlss:oner Adams requested chat a copy of her scatement be entered into the record of the ~eeting. A copy of a paqe from the ~lnutes at the ~eetinq, on which ~s. ~artin's presentation and Commlss:.cner .;da.::!s' request are documented, and a copy of :1s. ~art:n' s ,resen~at:'on are enc:csed. A-IO ]! ' " ~ ..,! :-: _ r"\ t ;: i I ;~::)', ;:' ~l I ~ " Ms. L. C~ristine Seditz Boynton Beach ~all Suff:ciency Response Page 2 Because ~e did ~ot :ecei7e ~his request directly from the applicant, we were not able to ~rovide t~is infor~ation to the applicant in ti~e for inclusion in the SUfficiency res~onse. T~erefore, a copy of this letter, wit~ t~e enclosures, will be sent to the applicant. ?le~se note t~at we did nct recei7e a copy of the sufficiency response directly :::00 the applicant, but only through your office. ?otent~~l :J: Settinq or a ?~ecedent The applicant stated ::::.at the proposed retention of 53% ot ?arcel 7, '"hich :ncludes the plne flat~oods area, is in excess of t~e requlre~ent in the curren~ Treasure Coast Regional ?lanning Council's Re~lonal Comorehensi7e ?olic., ?lan that 25% of nati7e upland habitat be preser,ed on a proposed development slte. This pol:cy has be~n de~eloped since the issuance of the development order for the Boynton Beach ~all. eowever, If it were applied to the original development order, it is possible that considerably ~ore native vegetation would have been preser7ed on site, because the policy actually states that 25~ of each plant co~munitv be preserved, and it is likely that more than one plant community was presenc on the site prior to development. Policy 10.1.2.2, on page 329_ot the ~ea~onal Ccoorehens:7e ?~licv Plan, states: "~ll development exce?t commercial aqric~ltural development shall set aside through selective clearing and ~icro-s:~ing of buildings and other constructioa activity, as a ~ini~um, 25 percent of each nati,e ,lant community which occurs on-site (e.g., pine flat~oods, sand pine sc::-ub, xeric oak forest, hard',.ood na!!Ullock, etc.)." :t further states that: "Such set aside habi ':at shall be presened in 'liable cond:t:on wlth intact canopy, understory, and ground cover." ~e Delieve that t~e intent of the policy cited above is to designate and set as:de preserve areas in perpetuity, not to allow t~e continued reduction of suc~ areas ~~ is' inc::-ements through amendments to the init:al development order. :: such a reduction is allowed to occur by approval of the present proposal, :': wo~ld ~~deed set a precedent. ~~~e~:s :~ :~e ?~CD05ed ~educ~ion ~f ~he ?i~e r:3t~oods ?~~se~.7e :'he replan:l:lg of O.l~ acres at pine hab:':at COm=lun:::y '..oUl-a :lot: be necessary .. ::he ~-2J canal :s not relocated and culverted and tn:s amount of ex:sti:.q nabl:a:: :s not lost. :'he species di7ersity and structural d:vers::y ot the plee :latwoods com~unlty w:ll ~e affected JY the relocac:on and cu17er'::ng of the canal and tie loss of some of ':he present ~abitat. :'he appl::ant ::.d:cated that spec:e! located :n the portion of the site lost would ~lgra::e :0 the :e~ain:~g A-ll ~ ,., ,- ~s. L. C~=istine Seditz Boynton Seach Mall Sufficlency Response Page J adjacent habitats. However, the disturbance due to the canal relocation and construction of parking spaces could cause some species to lea,e the area permanently. Others ~ay no~ ~e able to survive in the adjacent habitat if that habitat already is occupied ~y other individuals or other species that have ehe same or sl~ilar requirements for food and shelter. 'Jse of ;ron-:la~:'re !.:andsc~!:le ?lants T~e provision of a nat:i7e landscape buffer plan, as ~roposed jy the ~~pllcant, is ~ot necessary for preservation of the pine area on t~e property. A native landscape Jut:er ',.ould inc:'ease the density of the 7egetation and provide further screening for the residential area adjacent to the ~all. However, it lS our understanding that persons who attended the neighborhood meeting conducted ':;;y the applicant on ~love!!lbe: 10, 1988 eX;Jressed their continued pOSleion that the exisfing pine tract be preser7ed in ltS entirety, in its present location. Ecoloaical Value ar t~e Pine ?reserve Although the pine tract is not designated as a high-c::uality area in the Inventory of Naeive Ecosyste~$ being conducted by consultants for Pal~ Beach County, it ~as exa~ined dui[ng the inventory process as a ~otential candidate for such inclusion. It is possible that t~e degradation resulting from lac~ ot maintenance of the area as a preser7e was a factor in \he decision to exclude it from ehe final list:ng in the Inventory. ~ith proper ~anage~ent, including the proposed fencing of the site to protect it from illegal ~aste disposal and other degradation and the removal of e;{otic species, it :s p,ossi~le that ehe tract could qualify for inclusion on the Inventory at a lat~r date. 8ecause of the rapid loss or native ecosyste~s in the county, each parcel re~ain:nq becooes ~ore 7alua~le as ehe acreage of that ~art:cular type of ecosyste!!l :s reduced. Other Comments The -~reasure Coast Regional Planning Council had requested additional infor::lation en t~e possible ~resence on the site of the d',.arf or bluesteo ;:1al~etto (Sab-'3.1 ::l:l.::.or), a species Ested as threatened In the 5tHe JY the ?lorida Jepar:=ent of Agr:l.c~lture and Consu~er Services. ~he appl:cant stated on ~age 2 of the response document that the specimens collected have now been ::.dent:l.:ied. as i::mature ca~bage ;:1al.::ls (Sabal na2.:net':Q), :lowe')'er, ::lues:e::. ~a2..::let:c 5::11 lS included In the applicant's rev:sed l:5: of :denc:f:ed flora (paqe :3-~), A-12 ~s. L. Christine cedit: Boynton Beach Mall Sufficiency Response Page 4 ;hank you :or t~e o~por~unity to comment on the suf::cie~cy ~esponse. Please concact =e or Kathleen 8rennan of my staff at (407) 320-4011 if you have any questions ~eqariing our co~ments. s :~anagement kma ~nclosures (2) cc: ~homas A. ~arsicano, Greiner, Inc. Commissioner Karen ~arcus Commissioner Carol Roberts Commissioner Carol Elmquist Cocmissioner Ron Howard Commissioner Carole Phillips Jan 1inters, County Administrator Sam Shannon, Assistant County Administrator Ms. Rebecca Martin, Pine Acres Dr. Frederick Cichocki, Coalition for 1ilderness Islands ~. A-13 ..-.........-------. Boar:d of ,Co", Commissioners Carol .-\. Roberts, Chair Carol J, Elmquist, Vice Chairman Karen T_ ,'vlarcus Dorothy Wilken Jim Watt 'j'<- County Administ~ilt( Jan Wiml:rs- Dcp.1rtment of vironm'ent.11 Resou-rc ,"\,1n.1gement September 12, 1988 RE.CE\\lED SE? 20 \928 , \\ ('<';;'\C~~ ,.ANNING Dl" \,~ - Mr. Daniel M. Cary, Executive Director Treasure Coast Regional Planning Council 3228 S.W. ~artin Downs ,Boulevard Suite 205, P.O. Box 1529 Palm City, Florida 34990 Dear Mr. Cary: f:..~ ~~. . _.. The Palm Beach County Department of Environmental Resources l1anagement (ERM) has reviewed the substantial deviation Application for Development Approval (ADA) for the Boynton Beach Mall Development of Regional Impact (DRI). We have no objection to the modification of the mall to allow the construction of an additional anchor department store. Howeger, we do oppose the proposed reduction of the pine flatwoods preserve, located in the northwest corner of the site, to accommodate the additional parking estimated by the applicant to be needed ror the operation of the new store. We believe that a parking garage could be constructed to provide the necessary number of parking spaces without the destruction of a-significant portion of the pine preserve. Previous Palm Beach County Actions Related to the Proposed Project In our previous letter to you on this project, dated April 14, 1983, we stated our position that the pine flatwoods tract should be preser7ed, as required In the original dev2lo~ment order issued by the Palm Beach County Board of County Commissioners (Development Order Resolution No. R-074-343, issued on Hay 7, 1374) _ Tile rurther noted that previous plans for the :nall proposed by the applicant indicated the potential for co~struction of a parking garage, and recommended that this option be investigated as part of the substantial deviation review process. Residents of the Pine Acres subdivision, which is located im:nediately west or the mall and the pine preser7e, appeared before the~oard of County Commissioners on May 10, 1938 to express their concerns regarding the possible loss or the preserve. At that time, members of the 30a~d expressed their support for continued preservation of the preserve and stated their intent to support the requirements ror the preservation of the pi~e tract in the County's review of the ADA. Therefore, we wish to reaffirm. our continued support ror the preservation of the entire pine flatwoods tract in its pr~sent :ocation. ?ocential Eor Setting or a Precedent Allowing :he destruction of a portion of the preserve at the Boynton Seach ~all site ~ould set a precedent for the loss of portions or all of future 3! II SOUTH DIXIE rl\\''1'., SlIlTE 1';'6 \VEST 1'\L.\l 8 1:.-'. C:-1, IClOf{l!)'-\' 3H()S (-l.(Ji) S10-';'() II SU>.:COI\\ ]';'S-.;.o II A-14 Mr. Daniel M. Cary Page 2 September 12, 1988 preserves set aside as conditions for the approval of future DRIs, if the developers or owners decide they need more space for other uses. Unless such conditions are adhered to in perpetuity, such areas are not truly preserved. Effects of the Proposed Reduction of the Pine Flatwoods Preserve According to the information presented in Table 12.2 of the ADA, 42% of the existi~g pine flatwoods area would be removed to permit the relocation and culve~~ing of Canal L-23 and the development of additional parking spaces. The removal of this portion of the existing pine flatwoods ecosystem would result in the loss of that amount of habitat for the species of wildlife that presently live, feed, or b~eed on the site. The disturbance caused by the removal of the vegetation and the relocation of the canal also could result in the elimination of some of these species permanently from the site, because there is no adjacent area from which replacement animals can repopulate the amount of the preserve remaining. The disturbance of the soil structure and composition of the area to be cleared could prevent some species of plants or animals from repopulating the site, because some of the soil- or plant-related conditions or factors they require as part of their environment might no longer be present. The value of the remaining habitat for wildlife would be reduced because of the decrease in the total size of the preserve. It also is likely that the vegetation r.em~ining would function less efficiently as a visual screen and buffer to'reduce the noise and visual impacts on the Pine Acres subdivision than the present preserve, due to the reduction in the width of the buffer area, and thus the density of the vegeta\i7e community. Additionally, the disturbance and subsequent replanting activities could favor the invasion of the disturbed area by nonnative species. Although 2.42 acres of the present pine flatwood area would be developed, only 0.14 acres ~ould be replanted with pine trees. This is approximately 5.3% of the area lost, or a 0.06-1.0 mitigation ratio -- a very low rate. Projects that involve mitigation for habitat loss typically provide,' at a minimum, one acre of replacement habitat for every acre of existing habitat destroyed or deqraded. The shrubs, grasses, and herbs, which constitute a significant ~ortion of the vegetation on the site and provide food and other habitat needs Ear-wildlife, would not be replaced. Although it is stated in the ADA that three pine trees ~ould be replanted for everyone lost, the increased number of trees does not compensate for the lost acreage of habitat. and in fact may not be desirable because of the density of the planting and the likely even- aga status of the trees to be used. The species diversity of the site (number of snecies oresent and 'lariety of :ypes of species) and the structural diversity of the plant communlty would be reduced. The loss of this diversity would reduce the value of the slte for WIldlife. Any additional veqetation to be planted to the east of the relocated canal probably would function more as landscaping Ear the parking area than as habitat or a food source for the animals of the ~ine preserve or a 7isual buffer to the residential subdi~ision. Landscaping is not replacement of :ost habitat. A-15 'W 'IfII/1I Mr. Daniel M. Cary Page 3 September 12, 1988 The variety of ages of trees also could be reduced. Animals need trees and plants of different ages at different times of the year for feeding, breeding, nesting, etc. Dead trees (known as snags) are a natural part of the pine flatwoods ecosystem; they provide perching, nesting, and denning sites for a variety of animal species, as well as habitat for insects that are an important food source for many species. Species that require snags may no longer b~ able to use the site. Use of Nonnative Landscape Plants The significant deviation application indicates that the right-oi-way along Javert Street, on the western border of the pine preserve, would be planted with pongam (Ponqamia oinnata) trees, a species not native to Florida. This landscaping activity is not desirable if a natural preserve area is to be maintained. It would reduce the residents' view of the native vegetation and is likely to facilitate the introduction of other nonnative plants and animals. If the pine flatwoods area is intended to be a preservation area for native vegetation and wildlife habitat, nonnative species such as pongam should not be planted on the site. Also, some authorities state that pongam seeds are poisonous if consumed; therefor" it would be advisable not to use this species where the seeds woul~be accessible to small children, such as adjacent to a single-family residential subdivision. Problems Due to Lack of Adecruate Site Maintenance It is noted in the significant deviation that the pine flatwood area has been used as an illegal dump, apparently for a number of years, and that debris and waste ranging from trash and tree tri~mings to an automobile chassis is present. Regardless of the extent of the pine preserve, this material should be removed by the owners or operators of the mall, and the area checked periodically to ensure that it is being maintained in a state cUuducive to the preservation of the habitat value of the natural ecosystem. It should not be degr~ded in quality through use as a waste disposal site. Ecoloqical Value of the Pine Preserve Although the pine preserve has not been identified as a high-qu~lity native ec~system in the Inventory of Native Ecosystems being conducted by consultants for Palm Beach County, it is one of the last remaining tracts of pine flatwoods in the central and south-central sections of the county, Therefore, it provides ',aluable habitat for wildlife because of the scarcity of this type of habitat in the county. The Florida Natural Areas Inventory has ranked this ecasyste~ as vulnerable to extinction, both statewide and globally, because af the relatively small amount that remains, A-16 Mr. Daniel M. Cary Page 4 September 12, 1988 I Recommendations for Conditioninq of the Develooment Approval The significant deviation application does not consider alternatives to the removal of a portion of the pine preserve, such as the provision of the required parking elsewhere on the mall site. One alternative that should be considered is the construction of a parking garage, preferably in a portion of the mall site away from the preserve, so that the noise and other impacts associated with the garage would not adversely affect the preserve and its component species. We recommend that the development approval be conditioned to require the preservation of the existing pine flatwoods preserve in perpetuity, the maintenance of the preserve to prevent waste-related problems, and the construction of a parking garage. Thank you for 'the opportunity to comment on the ADA., Please contact me or Kathleen Brennan of my staff at (407) 820-4011 if you have any questions regarding our comments. . /?iL~] t uJaiJ Richard E. "alesky. Director ~ Environmental Resources Management cc: Commissioner Karen Marcus Commissioner Carol Roberts Commissioner Carol Elmquist Commissioner Dorothy Wilken Commissioner James Watt Jan i'J' ers, County Administrator Sam a non, Assistant County Administrator Ms. 0 . cca Martin, Pine Acres Dr. .rederick Cichocki, Coalition for Wilderness Islands ~, A-17 -~~ I ,.~,-",.,..., , , r...,...... : ... r'\ '")14 It JI., v/ .o./., r/ )u , I .f m ')' r- -- ((,-.j C~':' G' / C>J i )'L ~ r" --'(uhf / V . VY: , rI'I P (J 5" ) ;,- " P-'v. ~y NAME IS REBECCA MARTIN Co ;'I'~V"e.~"5 l~ ..,.r L I '.'\Z "..:c :3527 ~~ r TEL Y AVE. . . - . (\ l~.""'. BOYNTON BEACH ~rc"CQ'I'~ITY gr' pi ADl SI!AGt1 4 / ..- - I AM THE SPOKES PERSON FOR THE PALM BEACH ~OUNTY SUBDIVISION OF P!NE ACREZ CONCERNING ORD # 8811,:11 3A-2 O~J TODAYS CONSENT AGENDA. v; ( ~ 4 "'.. ~ &, f 't,r J~~~ .,~~Vv .1"'.(/ THIS COMMUNITY STATEMENT REPRESENTS, ALONG WITH THE 210 SIGNATURES ON THE PETITION I HAVE SENT THE COMMISSION MEMBERS. 9c)% OF THE H<lMA!!Il'A~ OF OUR SUBDIVISION. , ~~~id(lI"\~ OUR CONCERN IS THAT COUNTY RESOLUTION NO-R-74-343 P.CJOLUTIO~ APPROVING DEVELOPMENT OF REGIONAL IMPACT PETITION NO. DRI-74-2 WILL BE SUBJECT TO DRAST!C CHANGES NOW THAT THE CITY OF BOYNTON BEACH HAS ANNEXED THE 9.1- ACRE AREA DESIGNATED BY THE COUNTY AS A PRESERVE AREA. UNDER THE ORIGINAL PETITION/PG. 3,CONDITION # 9 ( UNDER DE~ELOPER SHALL) ,,' I GOUTE II PRESERVE THE PINE AREA LOCATED ON THE SUBJECT PROPERTY". " , ' ,;" - ..:: ".~..: :, ~ "" '';'.' Cc/ti.'it1 ( (,r7 THE DEVELOPER IN THIS CASE ,THE DEBARTOLO CO. HAS ~ I I ;o.N THE CrTY OF BOYNTON BEACH TO ANNEX THIS LAND SO THAT IT MAY START THE FI~AL PROCESS OF GETTING IT RE-ZONED AND CATEGORIZED SO THAT A PARKING LOT CAN BE PUT. IN THIS COUNTY DESIGNATED PRESERVE AREA. -- THE" ANNEXATION' APPLICATION, SUBMITTED BY BOYNTQN-J.C~P. ASSOCIATES ON BEHALF OF THE OEBARTOLO CO. ,THE MALL DEVELOPERS~ WAS APPROVED BY THE CITY OF BOYNTON BEACH IN JULY OF 1987 WITH THE SUBSIGUENT ANNEXATION OF THE COUNTY PRESERVE AREA IN APRIL OF THIS YEAR. THE NEIGHBORHOOD OF PINE ACRES IS VERY CONCERNED ABOUT THE CHANGE OF CONTROLL I NG. AUTHOR I TY OF THE PRESER~)E AND THE: ',,JEF:'( REAI..,...l?OSSIBILITY THAT IF THE COUNTY DOES NOT TAKE SOME ACTION TI-::;: PRE~VE AREA WILL CEASE TO EXIST IN ITS F'F:ESENT STATE AND L'HLL IN mE'VERY N~AR FUTUF~E BECOME A - MALL - F'AF:KING - LOT. 'lit. IT '"fs - OUR CONTENSION THAT THE DEBARTOLO D~~~' ~~~OJ ARE NOT MEETING THE REQUIREMENTS 3IGNED WITH ,THE COUNTY WHICH IMPOSED APFL I CANT ION FOR DE'.iELI]F'MEJ\{T THAT THE AREA BE STATE AS REQUIRED BY DRI-74-2. COMPANY~~~Al:L GF THEIR AGF'EEMENT. : .JPOt.1 THE OF: I c: I j'!i':'L L~FT IN ITS N~TUP~L ':{'I us I NG THE C I T,( COMN I ~::;s r C;~.jEF:S UF BOyNTUN DEi::'CH rC)'.;CHE ['o'E ! " r-1t::::~1~"3 THE DI::':DAPTOLlJ C:JMPM,JY L:~ AnTI'!F'T ~t';I.~ r(: I~ tf;',~lln:::: TH~: ." u::C;:. I '3L,.c.) T; ')E E{(i[)y fHA T CP,N f~'! IT A '':;','L.:F' TI~'II'!-!f:: Dt~~:n.:':; "l ;:;;'1 ,;:..7 ;" :Jt.I,'1 r ,( 01:::;31 GN~ TED r='l~:ESEF~:")~:'1i ;".:f', . l"t~. i"HI,:. F:'(:'I..l"i ""'I':.,:;t..:H I ,OUt., ",.. '3:.J;;: I [',1 T ~~ ;-"", "I: I. :. ;1'.1 r H l ~3 '''~'l::E:S''; I N(3 H''.; n ':c,..: ',' ,.:, y~ '.. , :.." : ~~';,: : I}~.-:/-~: : 'I ' ... .. \ i ,"'" j ,:l...-{ - 1;-\ \... ("J... v L., ' I .j .. -.. " I A-18 ~..: , 1 11 ! L ~ ~' ,.1t~ -~ t ~ ~ _.. . 5.3. BELLE GLADE John Brown, Executive Director of a Developllent Corporation in Belle Glade, thanked the Board for all their help in Housing in the Glades area and thanked Commissioner Adams for all of his public service contributions. 5.4. PINE ACRES - PRESERVED AREAS Rebecca Martin, Boynton Beach ~esldent and ~epresentative of Pine Acres in regard to Ordinance 88-11 - Item 3.A.2 00 the Agenda, ~eveiwed the situation. She said the County designated "reserve area was about to be violated and asked the Board for help ~egard ing this issue. Stella Rossi, wi lderness Is les, asked for their support. COllUllissioner ~ requested a copy of Ms. Martins' statement for the ~ecord and she said she would send one. ACTION: Motion to receive aud file M.. Kartin.a' SCat_ent. Kotion by Co_iuiouer Ad_., ..conded by Co_i..ioDer llilken aud carried 3-0. eommi..iouer. Karcu. and Robert. ab..nt. (CLERK'S NOTE: Commissioner Marcus ~eturned to the Chambers.) 5.5. TRIBUTES TO COMMISSIONER KEN ADAMS Gary Speigel, ~epresenting Mecca Farms, expressed his thanks to Commissioner Adams. 6. See Page 12. (CLERK'S NOTE: Commissioner Adams left the Chambers.) 7 . RECUUJl AGENDA 3.A.2. RECEIVE AND FILE AND FORk'RD TO PLANNING, ZONING & BUILDING DIRECTOR: ORDINANCE NO. 88-11, OF THE CITY OF BOYNTON BEACH, ANNEXING A CERTAIN UNINCORPORATED TRACT OF LAND THAT IS CONTIGUOUS TO THE CITY LIMITS WITHIN COUNTY AND \rIILL, UPON ITS ANNEXATION', CONSTITUTE A REASONBLY COMPACT ADDITION TO THE CITY TERRITORY. Sam Shannon, of Administration, stated that staff would be ..onitoring the ~eveiw process and when finished, staff would briog it back to the Board. Commiss ioner Wilken ~ecited the different document into the file which would be part of the her Motion. ACTION: Kotiou to receive and file documeuts fraa #3.A.2 and direct staff to u.pl_eDt whatever action v.. needed to li,e up tho.e committmeDts. Motion by Commi..ioner Wilken, secoDded b" C01llSl~a.iouer Karcu. aDd carried 3-0. Co_i..iouers Ad_. aud Roberta abeeut. 3.C.3.6. RESOLUTION TO ACl<N~'LEDGE COMPLETION OF THE IlEQUIRED IMPROVEMENTS AND RELEASE THE SURETIES FOR GLENEAGLES, P.U.D. - PLAT 7A. Staff explained the Resolution and ~ecoTlllllended the ~elease of sureties. Rese~vations and conce~ns were noted by Cvmmissioners. REGULAR -9- MAY 10, 1988 A-19 APPENDIX B SOUTH FLORIDA WATER MANAGEMENT DISTRICT SUFFICIENCY LETTER B-1 - I - Sou Ion Florida "Vater Management District Jonn Fl. Wooraslea. Executive'Oirec I IIroro C. CrNI, a.cuty e".CulIve Oir.< Post Office Box 24680 3301 Gun Club Road West Palm Beach, Florida 33416-4680 felephone (407) 686-8aOO Florida WATS line 1-800-432-2045 iN REPLY REFER TO: 4081 . "'" ',: 1?Z'';f~.I\'J l~~! f' ~~.....: ; ,,~; ~t' .. !._~~/ ti'; ,__. ,--.-." ... I r::.::; ~ .. ..) February 10, 1989 '.' :rnuSUI€ e~ ~,H ~!':~l~.~l. PU,UI1i4t t:l)lla~l\ . .... '.. Daniel M. Cary, Executive Director Treasure Coast Regional Planning Council P. O. Box 1529 Palm City, FL 34990 Subject: Boynton Beach Mall Development of Regional Impact Substantial Deviation, SFWMO DRI No. 88-289 Dear Mr. Cary: District staff have revie~~~recently submitted information regarding traffic and air quality and have ~o further auestion~or comments on these items. Please be advised that the applicant has submitted an application to modify existing Surface ~ater Managemen~ Permit ~SO-00860-S. That application is currently under review by DistT1ct staff. In order to obtain the requested modification, the applicant has been advised to address: ~ater quality. Dry pretreatment for loading areas and automotive repair service areas will be required unless reasonable assurances can be provided that measures will be taken to prevent stormwater runoff from these areas from entering the water management system. Consultants for the applicant have met recently with District staff to consider the use of a containment system to meet the "reasonable assurance" requirement. This proposal is currently under staff review. - Legal authorization for canal modifications. - The applicant has been requested to provide documentation of approval of the Lake Worth Drainage District for replacement of approximately 1500 linear feet of the LWOD L-23 with 60n RCP culvert. B-3 .~anc.l..... :=/~en -::-:aJrr!"'!an - ;::lanrauon ... 0 I"JrK. "lrce l::--:alfman . ;:l~lm C;tv 'Jatnan1el P =~eo -aoe 50unc ':scJ.r'lt :vrCIn...;r = ~ 'Avers I<rsenro MIlian \Alaml -fIlZ Sleln S.tt. GlaO. Jam.s F G~rn!!r =1. Myers \,lIke Stout 'Nino."".r. Jorln ,ol" Jason Key 8lscayn!! ~ w Daniel M. Cary Re: Boynton Beach Mall 88-289 Page 2 ~ This permit status report represents the District1s position concerning the project's proposed expansion and is provided to the Treasure Coast Regional Planning Council as final comment on the DRI substantial deviation. If you have any questions concerning the District1s review of this project, please contact Brian Gentry, Surface Water Management Division, Extension 6875. W. s;nce:~_. ~ ( Jeann K. Hall-- , y Di rector Resource Control Department JKH/lsc c: Edward J. DeBartolo Corp. Greiner, Inc. Higgins Engineering B-4 Grei"~r. Inc. P,O x 3164t. 5601 Mariner Street Tampa, Florida 33630-3416 (813)286-1711 . FAX: (813) 287-8591 C1519.00 April 4, 1989 Ms. Julia Iverson, Regional Planner Treasure Coast Regional Planning Council 322& Southwest Martin Downs Boulevard Suite 205 Palm City, Florida 34990 P' '. ~' " ~r.;s I :t-,., . ~... ~~". ~.i. /,./ :..~ j ~ \ .' ; t.'j ('-<,~.... ".1 ,'''', I ,',: ) '\-'"" ' ",. , ~ . APR _ ti 1qR9 'J.J lBiAlUIE ~f;h;;T ~E;lilHAL ft,.UU&1ii NUlltJL Reference: Boynton Beach Mall - Substantiai Deviation Dear Ms. Iverson: In accordance with your request, we have prepared the attached Trip Generation Comparison table for the above referenced development. The comparison table shows the difference between the approved project and proposed project in terms of trip generation rates and net external daily and peak hour trips as you requested. You will note that the approved project figures are based on the maximum square footage approved for Boynton Beach Mall of 1,108,000 square feet gross leasable area (GLA). On page I of the November 1973 ADA, a ten percent lower figure was also given (1,008,000 sq. ft. GLA) which was included to provide the Applicant with a range of flexibility in accommodating department store sizes. This was and remains an accepted methodology for mall Q.rojects. You also requested a copy of the original South Florida Regional Planning Council Impact Assessment Report for this project. A copy of that report is also included for your review. The report includes several inconsistencies with respect to the project as proposed in 1973. For example, on Page 2, they refer to a total gross floor area (GFA) of 1,008,000 square feet. This figure was, in fact, the lower range of leasable area as cited on Page I of the ADA. No reference to the maximum GLA proposed is included. We also note that in their assessment of transportation impacts beginning on Page 18, they only refer to the impacts associated with the lower square footage range, when in fact, data was presented showing the higher number of daily and peak hour trips associated with the maximum project square footage intended and ultimately approved by Palm Beach County and later by the City of Boynton Beach. In any event, the net external daily and peak hour trips for the project as now proposed are still lower than the totals (35,000 trips per day and 3,220 p.m. peak hour trips) referred to in the South Florida Regional Planning Councils's Assessment Report and approved in the Development Order. C-3 -- ...." ~ ; , .- Ms. Julia Iverson, Regional Planner C1519.00 April 4, 1989 Page Two If you have any questions regarding the inf orma tion incl uded herewi th, please do not hesitate to contact me. Sincerely, GREINER, INC. ~~ Thomas A. Marsicano Associate Vice President T AM:sw Enclosures xc: David H. Curl Dick Greco Jerry Williams Da vid Mechanik C-4 . BOYNTON BEACH MALL TRIP GENERATION COMPARISON Approved Proposed Project Project Difference 1.108.000 sa.ft. GLA I 1.244.449 sa.ft. GLA2 ( Aocroved-Prooosec * External 34.75/1000 25.75/1000 - 9/1000 Trip Rate (Daily) * External Trips 38,500 32,046 - 6,454 (Daily) * Ex ternal 3.5/1000 2.3/ 1000 . 1.2/1000 Trip Rate (Peak Hour) * External Trips 3,540 2,874 - 666 (Peak Hour) :--Iovember 1973 ADA - Table 18, Page 84. "'l .;. August 1988 Amended ADA - Table 31.12, Page 31-19. c-s w . .."" . ., ~. ~ - ~ TREASURE COAST REGIONAL PLANNING COUNCIL Daniel M. Cary Michael J. Busha Terry L. Hess Sally Black Teresa P. Cantrell Anne Cox Victoria A. Hayford Julia N. Iversen Sean McCable Ian G. McDonald Peter G. Merritt Bruce Pisani Billie R. Dugger Dorothy Maymon Pamela L. Kuhn Beverly Alter Lois Becker Elizabeth Gulick Barbara St. Hill STAFF Executive Director Assistant Director Planning Coordinator Regional Planner Regional Planner Regional Planner Regional Planner Regional Planner Regional Planner Regional Planner Regional Planner Regional Planner Planning Technician Fiscal Person Administrative Secretary Secretary Secretary Secretary Receptionist . Greiner Greiner, Inc. P.O. Box 31646 5601 Mariner Street Tampa, Florida 33630-3416 (8131286-1711 FAX: (813) 287-8591 C1519.00 April 19, 1989 Mr. Irving A. Cure, Director Palm Beach County Transportation Authority Building S-1440, P.B.I.A. West Palm Beach, Florida 33406-1498 Reference: Boynton Beach Mall Transit Service Dear Mr. Cure: Thank you for meeting with me this morning to discuss the potential for expansion of COTRAN service to Boynton Beach Mall. As discussed at our meeting, we were advised by Mr. Dan Cary, Executive Director of the Treasure Coast Regional Planning Council, to contact you to assist us in determining if it would be feasible to expand transit service, thereby reducing auto trips on the roadways adjacent to Boynton Beach Mall. Based on this initial meeting, alternatives we should investigate could include the following: 1. Expansion of the COTRAN Saturday shopper route, which provides service between the Boca Town Center, Boynton Beach Mall, Palm Beach Mall, and the Gardens Mall to a daily, or six day per week service, as opposed to the current Saturday only operation. 2. Extend existing Route 3 which currently terminates at Doctors Hospital in Lake Worth along Congress Avenue to the Boynton Beach Mall and on to Glades Road. 3. Initiate a new route with Boynton Beach Mall as its northern terminus and extending south along Congress A venue serving major community areas such as the Village of Oriole, Kings Point, Lakes of Delray, Cen West, and Boca Town Cen ter. 4. Establish a new local route within the Boynton Beach area on a generally east/west basis to provide service between the mall and major developments such as Leisureville and on to the east to the densely populated areas of Boynton Beach along Sea crest and possibly Woolbright. The size and number of buses needed for the alternatives outlined above will vary due to route length and desired service frequency. However, based on our need for reduction of auto trips on the roads in the Boynton Beach area, it appears that we should focus our efforts on Alternative 4 above. We will be meeting with representatives of the Treasure Coast Regional Planning Council and the City of Boynton Beach to review the alternatives we have discussed and to obtain their input with regard to route configurations which would provide the greatest potential for transit ridership in the Boynton Beach area. We will then come back to you with representatives of the City to further discuss a route to accomplish the goRre'1tt1tVED above. .c~ APR 25 1989 PLANNING DEPT. Greiner Mr. Irving A. Cure, Director C1519.00 April 19, 1989 Page Two With regard to funding, I indicated that the Executive Director of the Regional Planning Council has suggested that if a viable proposal can be developed, he would support utilizing the Developer's transportation fair share on this project for transit service enhancement. If we are able to gain support of the review agencies and make these funds available, you indicated that it may also be possible to obtain some level of matching funds from the State Transit Service Development fund. We realize that it is premature to make a request in this regard but would encourage COTRAN to consider this as we develop our proposal. We also discussed the potential to utilize transit passes to enhance ridership. This technique wherein an employment center, or in this case the mall, subsidizes all or a portion of the transit fair has been demonstrated to be an effective means of ridership inducement in other areas. We will also consider this option in the development of our proposal. We will be meeting with the Treasure Coast Regional Planning Council on Friday, April 21st, and will request their support of the use of public transit as an alternative to conventional traffic mitigation techniques. Based on the outcome of our meeting with the Region, we will be back in touch with you in the near future. Thank you for your cooperation and interest in our project. Sincerely, GREINER, INC. ~~ Thomas A. Marsicano Associate Vice President T AM:sw xc: Jerry Williams David Curl Dick Greco David Mechanik Mac Conahan Carmen Annunziato ;3~rZ8Y) -&~J~ III ttCC f)(Z L AJ~,... ~~~ ~vC/ I), 19fi IIMll/ Jiun:{ t:z-~J:tfY €~ A7~ ~ ft!k~. (/ ~bZ-I ~t-J c ~~ 1'1.<? N AiYNc.J Jl.J <...:r -""\' ~ t&;~CJ rC,e/JC IcR pc (I" !3/3 P D l' C 0...-.3 -t:! : /t1J~#I'rEL Bl.IsrfA ~~ ~ ~N i~f ,;1 ~ ,)1 rh2-S-1 c..~1.I1.)O GI2.E:"~c~/ G.Ju ~ \C.\~ ~...e<:" r Ye<Oakl. c"-r, (/;'rJlh/~ DriSColl tfteiM7fvl) ?/~ d f0~ 33/3 ,,~ (( 7 '7 s? -- " 'f- J[ . /.:J. " v u If '} 3 S' - 77'90 ;2$"~ 3~ I -3 ,;1 ' I ~l3 ~~0 (71\ ~ 1-5 ;Z:4 q 3;urK 813 o(b-(? /7// CITY of BOYNTON. BEACH 1 211 South Federal Highway P. O. Box 310 Boynton Beach, Florida 33425-0310 (407) 734.8111 Office of the City (407) 738-7405 Attorney , ~pril 5, 1989 ., '\ ) Cormac C. Conahan, Esq. Hodgson, Russ, Andrews, Woods & Goodyear 2000 Glades Road, Suite 400 Boca Raton, FL 33431 Re: Boynton Beach Mall Addition Parking Lot, Concrete Curb Stops Dear Mac: I am in receipt of your letter dated March 15, 1989, wherFin you request aninterpretatibn related to an additional variance for the proposed parking lot. I have reviewed the information you have provided as well as our records for the original variance request and am of the opinion that no additional variance is necessary for this additional parking area. Therefore, your client will not be required to go through any process to exempt it from the Code requirement under Section 5-142(e) related to raised curb or wheel stops in each parking stall. I hope this has resolved the issue for you and your client. ~~;:~~dS' . Raymond A. Rea City Attorney RAR/r cc: Peter L. Cheney, City Manager / Carmen Annunziato, City Planner . """., "",. ,7iIIE'f~'C'-'-'7'-' M.\.~'M..." ~ - --.--........- ..'-----..---....r..-- -~ ..............-.,.- P,O, Box 31646 5601 Mariner St-qt Tampa, Florida i30-3416 (813)286-1711 ' FAX: (813) 287-8591 C15l9.00 April 4, 1989 Ms. Julia Iverson, Regional Planner Treasure Coast Regional Planning Council 3228 Southwest Martin Downs Boulevard Suite 205 Palm City, Florida 34990 " "~,13.~f'1I\"" ,1'\ .' ...~. '~~./.f '"t1~1 , 1<' if", f 4~ ....~ >._i ~ I ~~ ""', ! {,i ',! ) _...;I . ,. ~ . '\-=" j - ~ ~ APR - ti 19R9 j,J l'IUlUIE ~hST riE;liiHAL ft,..1WWi. NUHI1. Reference: Boynton Beach Mall - Substantial Deviation Dear Ms. Iverson: In accordance with your request, we have prepared the attached Trip Generation Comparison table for the above referenced development. The comparison table shows the difference between the approved project and proposed project in terms of trip generation rates and net external daily and peak hour trips as you requested. You will note that the approved project figures are based on the maximum square footage approved for Boynton Beach Mall of 1,108,000 square feet gross leasable area (GLA). On page I of the November 1973 ADA, a ten percent lower figure was also gi ven (l,008,000 sq. ft. GLA) which was included to 'provide the Applicant with a range of flexibility in accommodating department store sizes. This was and remains an accepted methodology for mall, ,Q.rojects. You also requested a copy of th-e original South Florida Regional Planning Council Impact Assessment Report for this project. A copy of that report is also included for your review. The report includes several inconsistencies with respect to the project as proposed in 1973. F'or example, on Page 2, they refer to a total gross floor area (GF A) of 1,008,000 square feet. This figure was, in fact, the lower range of leasable area as cited on Page I of the ADA. No reference to the maximum GLA proposed is included. We also note that in their assessment of transportation impacts beginning on Page 18, they only refer to the impacts associated with the lower square footage range, when in fact, data was presented showing the higher number of daily and peak hour trips associated with the maximum project square footage intended and ultimately approved by Palm Beach County and later by the City of Boynton Beach. In any event, the net external daily and peak hour trips for the project as now proposed are still lower than the totals (35,000 trips per day and 3,220 p.m. peak hour trips) referred to in the South Florida Regional Planning Councils's Assessment Report and approved in the Development Order. RECEIVED APR 7 1989 PL/j,r~f'~Jr~G, DEF'T. .... Ms. Julia Iverson, Regional Planner C1519.00 April 4, 1989 Page Two If you have any questions regarding the information included herewith, please do not hesi ta te to con tact me. Sincerely, GREINER, INC. es~ Associate Vice President T AM:sw Enclosures xc: Da vid H. Curl Dick Greco Jerry Williams Da vid Mechanik BOYNTON BEACH MALL TRIP GENERATION COMPARISON Approved Proposed Project Project Difference 1.108.000 sa.ft. GLA 1 1.244.449 sa. ft. GLA2 ( A ooroved- Prooosed * Ex ternal 34.75/1000 25.75/1000 - 9/1000 Trip Rate (Daily) * External Trips 38,500 32,046 - 6,454 (Daily) * External 3.5/1000 2.3/1000 - 1.2/1000 Trip Rate (Peak Hour) * External Trips 3,540 2,874 - 666 (Peak Hour) November 1973 ADA - Table 18, Page 84. 2 August 1988 Amended ADA - Table 31.12, Page 31-19. ~,.... ~ Greiner C1519.00 April 6, 1989 MEMORANDUM To: File From: Virginia L. Driscoll Subject: March 31, 1989 meeting - Boynton Beach Mall/Pine Area Management Plan Meeting Attendees: Carmen Annunziato - Kevin Hallahan - Sally Black - Virginia Driscoll - Dick Greco - Mac Conahan - City of Boynton Beach City of Boynton Beach Treasure Coast Regional Planning Council Greiner, Inc. DeBartolo Corporation Hodgson, Russ, Andrews, Woods & Goodyear The purpose of the meeting was to discuss a management plan for the pine area located on the Boynton Beach Mall. Discussion began on the position of the TCRPC regarding the reduction in pine area proposed by the Applicant. Carmen Annunziato asked that Ms. Black relay to the attending parties TCRPC's position regarding the pine area. Ms. Black stated that TCRPC's review of the pine area using pre- development information indicated that the original pine area was approximately 12.3 acres, and that the Applicant's proposal to retain approximately 3.41 acres of existing pine area fulfilled TCRPC's policy of 25% retention of upland habitat community. Carmen Annunziato asked that the TCRPC provide an analysis of the quality of the pine area habitat. Carmen Annunziato discussed proposed landscape plans for the buffer located adjacent to the pine area along Javert Street. He questioned whether the County would allow planting, as shown on the plans, to be planted within County ROW. Mac Conahan stated that he did not believe this to be a problem and the Applicant would be working this out with the County. Discussion focused on the possibility of locating the buffer planting within the property line in the event the County did not allow the buffer planting within the ROW as shown on the plan. The concurrence was that this could be done. (NOTE: DeBartolo has obtained all necessary permits from Palm Beach County for ROW plantings as per Gerald Williams, The Edward J. DeBartolo Corporation, 4/ 4/89). Discussion then focused on a time period for development of a management plan for the pine area. It was agreed that a reasonable time period for develo"JJ1Y, ~,,1 troi,,"~n management program would be one year from the date of D.O. aB>E~.Dl ~ proposed project. Carmen Annunziato stated that the City would con~" wm; TCRPC on management program requirements for the pine area. APRil . MNNlNG OEPt! '. -- Greiner MEMORANDUM C1519.00 April 6, 1989 Pa ge Two Virginia Driscoll asked Ms. Black for a clarification of a management program which would satisfy TCRPC's requirements of management of the pine area. Sally Black responded that the program should include the following components: (1) Elimination of exotics, (2) Mowing and hand clearing of vines and brush. A possible prescription burning of the area was discussed, (3) Monitoring to include possible two site visits a year, and (4) A maintenance plan which would include mowing activities to prevent the reoccurrence of invasive exotics and invasive natives provided on an as needed basis. Mac Conahan asked the City if they would consider managing the pine area contingent upon the Applicant providing funding. Mr. Annunziato stated that the City would probably not be interested in such a proposition at this time but that if the Applicant wanted to dedicate the area to a suitable recipient that the City would probably not be opposed to this possibility. Ms. Black also raised the issue of mitigation in retention ponds. Virginia Driscoll stated that the Applicant was proposing mitigation in the pond located adjacent to the pine area. VLD:sw xc: Gerald Williams Dick Greco Mac Conahan Carmen Annunziato Kevin Hallahan Sally Black .... -.;t Board of County Comn. ion~rs .:>unty Administrator Jan Winters ocp.,!"j mcnl of Planning, Zo~ing & Building Carol A. Roberts, Chair Carol J. Elmquist, Vice Chairman Karen T. Marcus Dorothy Wilken Jim Watt March ~8, 1989 Mr. Peter Cheney, city Manager City of Boynton Beach P.O. Box 310 Boynton Beach, FL 33425-0310 RE: BOYNTON BEACH MALL D.R.I., AMENDED A.D.A.; STATUS OF PINE FLATWOODS PRESERVE Dear Mr. Cneney: On March 2, 1989, the Planning Division was informed by the Treasure Coast Regional Planning Council~that the City of Boynton Beach can now schedule a public hearing tor the referenced Development of Regional Impact Substantial Deviation. The Planning Staff's review of the Amended Application for Development Approval (AADA) for the Boynton Beach Mall DRI focused on two issues. Staff sought to determine the impact of the proposed mall expansion (Sears Store, and related parking and lanes) on (1) the Pine Flatwoods Area, and (2) tne Pine Acres Subdivision, located immediately west of Javert Street (see enclosed Bxhibits 1-4). As you are aware, the Development Order (Resolution R-j4-343) for the Boynton Beach Mall by the Board of County Commissioners requires the developer to "preserve the pine area on tne subject property." Staff supports the preservation of the pine flatwoods area. In addition, the Palm Beach County Department of Environ- mental Resources Management opposes the proposed reduction in size of tne pine flatwoods preserve (see enclosed DERM correspon- dence, Cary/Walesky/9/12/88 and Beditz/Walesky 12/16/88). DERM and the County Planning Staff both believe that a parking garage is a viable alternative, which would elimina,-e the need to destroy a portion of the pine preserve. rrhe preserve between the area 1S recognized by the Annexa1)~~,~~~ developer and the City of Boynton Beact~~~~K~~ .-\PR 1 0 1989 PLANNING DEPT. 3400 nELVEDERE ROAD WEST PALM BEACH, FLORIDA 33406 . (407) 471-3520 7-8, 1988. Shortly thereafter, in a Board of County Commissioners pUblic hearing on May 10, 1988, a numbev of residents of the Pine Acres subdivision and members of the Board spoke ou~ in support of preserving the pine flatwoods tract. Staff also shares the opinion of the Director of DERM, Mr. Richard Walesky, that public officials should do their utmost to protect areas designated preserve on development master plans, and not to set a precedent for allowing the elimination of a portion or a preserve or an entire preserve. According to the AADA. forty-two (42) percen~ of the pine tlatwoods area would be eliminated in order to relocate and culvert Lake Worth Drainage District (LWDD) Lateral Canal No. 23, and to create additional parking spaces. 'rhis would represent a signiticall~ reauction ot the preserve. Thus, the quality of the wildlite habitat and the effectiveness of the butter would both be negatively impacted. The buffer's width would decrease. Please reler to the enclosed DERM correspondence tor a thorough descriptlon ot the proposal's impact on the preserve's wildlife and overa~1. ecosystem. However, If the City Commission of Boynton Beach were to decide to take a position contrary to the County's position on this issue and approve a reduction ln the size 01 the preserve, perhaps tile reduction would be '\T~~~___l:im]- ted ln scope (considerably less than 42%) and subject to conditions, such as the following: 'rhe present and future owners of the Boynton Beach Mall and the Pine Flatwoods Tract would agree in perpetuity to, 1) ~reserve the Pine Flatwoods Tract and identify the subject tract as "Preserve" on all current and future exhibits of the Boynton Beach Mall master plan. 2) Adopt and implement an effective maintenance program tor the Pine Flatwoods Tract to safeguard its ecosystem. The program would include the prevention of dnd removal of illegally dumped items. 3) Nurture the growth of native trees and vegetation. 4) On a selective basis, eliminate exotic or n~nnative species. 5) ~rotect, and whenever possible, enhance ~he subject tract's viability as a wildlife habitat. 6) Maintain the subject tract in such a manner that it is an aesthetically attractive and effective Dutfer for the Pine Acres subdivision. 7} ~encing of the preserve should include a number of small ground level openings to enable wildlife to move on and off site. 'rhank you for considering our comments. Please include these comments with your backup materials for all meetings and hearings where this amended DRI application is discussed. In addition, include our comments in the official records of such meetings and hearings. You may con~~ct this office if you have any questions or commen~s with respect to the contents of this letter or other issues associated with the Boynton Beach Mall AADA. Sincerely, f=-> ~.:::?~,'" - ~ ~~~~ R xanne Mann~-- Acting Planning Director FILE:BOBI/BOYN/ADA RF':rt Enc. cc: L. Christine Beditz, DRI Coordinator, TCRPC ~armen Annunizato, City Planner, Boynton Beacn Thomas A. Marsicano, Assoc. Vice President, Greiner, Inc. Ricnard E. Walesky, Director, DERM Sam snannon, Assistant County Administrator Donna Kristaponis, Executive Director, PZB Dept. Rebecca Martin, 3521 Kitely Ave., Pine Acres Subdivision - BOVNTON CANA:L = :=: :- ~ --- ------ '"\ .:..,~ -..-- "-- ~ ~ EXHIBIT '3. IV^NHO~ ~ KITEJ: LOTHAIRH I ttll\: 0::11 1-1 ~! . MARLOW) : ~ I'll ~ I , OBERJN i I, J 'I , "'^l I "NOO~ ,I QUINTON ') ! ( , Ii \ .- ~ I : I ',,~, I I RUSK'N Ii I~ I p"< ~-------~ l, ~l~U(1 ' ----""=--:.:-) ,/ ~(:... ENT. .". '\ ( ~ ~ ~ RETENTOON POND t r RETENTION POND ',-",1 \.._ , RETENTION POND ~ --1 -===-::'-- ~ -- \1 ~ o 200 400 ~' I GRAPHIC SCALE IN FEET (OLD BOYNTON ROAD) BOY NT ON WEST ROAD ACCESS ROAD TO BOYNTON - BEACH BLVD. (S.R.804) Greiner f"Jnc. ,.' . o o '._/ ~ . C::. * jI' I \ .\ ,... 10 ICO Ii fJ) j . ..-----::j ~ z u I~ I~ __~~I \(Ju(J _ lffi 1110 I~ . I;: \: I ~ \ ~, I Jil I r LEGEND BOYNTON BEACH MALL City of Boynton Beach, Florida Project Boundary Catch Basin Curb ,Inlet Man Hole Flow DlrectlQn Exist. Drainage Area Boundaries Prop. Drainage Area Boundaries Ground Water Sampling Well (SFWMO) Recording Well (SF W MO) Surface Water Auto Sampler (SFWMC) v/////l .. New Parklnv Wat<< Control StructUf'e DRAINAGE MAP THE EDW ARD J. DeBARTOLO CORPORA TtON MAP' "'III'~.:..o,.;'"".V"...u=,-r:'~~;'''''';''.'I'' . '.:'~'D'll'~~,., R8V'~8<1 HI o 100 200 ~_- I GRAPHIC SCALE IN FEET I - - -.----) .. ( . . i Greiner, Inc. "'I. ~ . . ".. =_ 't^~~. _.~ eXHta'T '+. - ./ 0 > . ~ ~ G ~ . f ~ ~ ~ G e ~ ~ . 0 . g ~ - ~ ~ . ;: ~ j ~ ~ a : ('j ~i 0 (,. 1\ i --- ---~. ..f . . . o . . ,~ JOHN'W'M -'\ z o iii z ~ >< w ... ... < ~ o w '" o .. ~IVH.lO' ---- '\ I I --) ~%~>: jl ~ r~J. q-;: . I~JI ~ -'- : .., ~ I' . :1 ~ ! 10 , ~ (? :~:) ! ~ il MO'""''"'' -- -"" J --- -'-, - -- - - '-, ' ,~"'...;) ) I - - - - -' ; - - -. - -. - -.. NlJ'dON -----'-l I i ~ i i . I i ; r i i ~ ~ 0 ! 0 ! ~ i = ~ I I ~ . ~ I.. ~1Ii !~ Ii e~ b '" h H ~ ~ i. : i ..- ~ ~ (f) (f) Glii: > . Q. "C .c q) ::l 0 U q) o III q) ~>-GlO CJlllalt!. <!:!2('1 ~'ijGl"" Cf.)u.'EjO Gl..-Glo .coGl(f) .....,.0"" :.:. al 'tJ Gl ... III Q. Gl ... a.. c III ii: BOYNTON BEACH MALL City of Boynton Beach, Florida PROPOSED LANDSCAPE SCREENING PLAN THE EDW ARD J. DeBARTOLO CORPORATION MAP H-1 Bo~r?- of County Cor--nissioners Carol ,-\. Roberts, Chair Carol J. Elmquist, "ice Chairman Karen T. .\ larcus Doroth\' Wilken Jim "'att County.-\dministra jJ.n \\'inrers December 16, 1988 Department of Envi~onmental Resou .\\anagemcnt r-- .... - - _. -- -.. - -" Ms. L. Christine Beditz, DRI Coordinator Treasure Coast Regional Planning ,Council 3228 S~ Martin Downs Boulevard, Suite 205 Palm City, Florida 33490 ~"I '-: l~ 1 l~ :..... _ '..J _. v .'~ .. :"I I~.::; ~ -_....'~!.1., , .." .......-.)..:.1"1.- .."n........ ..::.,......;1. Dear :-!s. Beditz: SUBJECT: Boynton Beach Mall Development of Regional Impact Substantial Deviation - Second Sufficiency Review The Palm Beach County Department of Environmental Resources Management has reviewed the applicant's response to the sufficiency review comments for the Boynton 3each Mall Development of Regional Impact Substantial Deviation Application for Development Approval, dated November 22, 1988. We submit the following comments for your consideration, in the order in which these topics were submitted by the applicant. Previous Palm Beach County Actions Related to the Prooosed Proiect The applicant stated in response to our concerns that the original development order required the developer to ".. .preserve the pine area located on the subject property", but did not specify that it be designated or dedicated as a preserve. The applicant also noted that the area was zoned CG (Commercial General), as was most of the rest of the property. In our previous letters of April 14, 1988 and September 12, 1988, we stated the position of the Palm Beach County Board of County Commissioners and the Department of Environmental Resources Management that this pine tract be preserved, as required in the original development order of May 76, 1974. We continue to hold this position. We recommended that the applicant consider alternatives to 'the removal of a portion of the pine preserve, such as the construction of a parking garage. Previous plans for the mall proposed by the applicant indicated the potential for-the construction of a' parking garage. The applicant's response to our concerns does not mention if consideration was given to other alternatives. In the response, the applicant requested the Department of Environmental Re~ources Management to provide a list of the Pine Acres subdivision residents who' attended the May 10, 1988 meeting or the Board of County Commissioners, so that the list could be included in the Sufficiency Response. Ms. Rebecca Martin attended the meeting on behalf of approximately 200 residents of Pine Acres, and made a statement on behalf of those individuals. Commissioner Adams requested that a copy of her statement be entered into the record of the meeting. rl copy of a page from the minutes of the meeting, on which Ms. Martin's presentation and Commissioner Adams' request are documented, and a copy of Ms. Martin' 5 presentation are enclosed. ) t: I ,( jL~ rr! ~.q\:~: ~ ~\\ '! . ...;_:ri-! j-.l.n \\ ;.....;.]) \: \: :":, ",I... i i. ! [( J:\1iJ \ ))";'11) ~I'-:- .... 2!! _~J' : [ '~!'.'. Ii'.: ~~;.":'If:: { -1 '. } " " it i .1 '.I ";] ,; ~~ :~ " Ms. L. Christine Beditz Boynton Beach Mall Sufficiency Response Page 2 Because we did not receive this request directly from the applicant, we were not able to provide this infor~~tion to the applicant in ti~e for inclusion in the sufficiency response. Therefore, a copy of this letter, with the enclosures, will be sent to the applicant. Please note that we did not receive a copy of the sufficiency response directly from the applicant, but only through your - ., . o!...~ce. Potential for Settinq of a Precedent The applicant stated that the proposed retention of 58% of Parcel 7, which includes the pine flatwoods area, is in excess of the requirement in the current Treasure Coast Regional Planning Council's Recrional COIDDrehensive Policy Plan that 25% of native upland habitat be preserved on a proposed development site. This policy has been de~eloped since the issuance of the development order for the Boynton Beach ~all. However, if it were applied to the original development order, it is possible that considerably more native vegetation would have been preserved on site, because the policy actually states that 25% of each plant community be preserved, and it is likely that more than one plant community was present on the site prior to development. Policy 10.1.2.2, on page 329 of the Reqional Comprehensive Policy Plan, states: "All development except commercial agricultural development shall set aside through selective clearing and micro-siting of buildings and other construction activity, as a minimum, 25 percent of each native plant community which occurs on-site (e.g., pine flatwoods, sand pine scrub, xeric oak forest, hardwood hammock, etc.)." It further states that: "Such set aside habitat shall be preserved in viable condition with intact canopy, understory, and ground cover." tile believe that the intent' of the policy cited above is to designate and set aside preserve areas in perpetuity, not to allow the continued reduction of such areas in 75% increments through amendments to the initial development order. If such a reduction is allowed to occur by approval of the present proposal, it would indeed set a precedent. Effects of the ProDosed Reduction of the Pine Flatwoods Preserve The replanting of 0.14 acres of pine habitat community would not be necessary if the L-23 canal is not relocated and culverted and this amount of existing habitat is not lost. The species diversity and structural diversity of the pine flatwoods community will be affected by the relocation and culverti~g of the canal and the loss of some of the present habitat. The applicant indicated that species located in the portion of the site lost would migrate to the remaining ..~ '.~ \'~ ...,. " Ms. L. Christine Beditz Boynton Beach Mall Sufficiency Response Page 3 adjacent habitats. However, the disturbance due to the canal relocation and construct~on of parking spaces could cause some species to leave the area permanently. Others may not be able to survive in the adjacent habitat if that habitat already is occupied by other individuals or other species that have the same or similar ~equirements for food and shelter. Use of non-native LandscaDe Plants The provision of a native landscape buffer plan, as proposed by the Applicant, is not necessary for preservation of the pine area on the property. A native landscape buffer would increase the density of the vegetation and provide further screening for the residential area adjacent to the mall. However, it is our understanding that persons who attended the neighborhood meeting conducted by the applicant on November 10, 1988 expressed their continued position that the existing pine tract be preserved in its entirety, in its present location. Ecoloqical Value of the pine Preserve Although the pine tract is not designated. asa high-quality area in the Inventory of Native Ecosystems being conducted by consultants for Palm Beach County, it was examined during' the inventory process as a potential candidate for such inclusion. It is possible that the degradation resulting from lack of maintenance of the area as a preserve was a factor in the decision to exclude it from the final listing in the Inventory. ~ith proper management, including the proposed fencing of the site to protect it from illegal waste disposal and other degradation and the removal of exotic species, it is possible that the tract could qualify for inclusion on the Inventory at a later date. Because of the rapid loss of native ecosystems in the county, each parcel remaining becomes more valuable as the acreage of that particular type of ecosystem is reduced. Other Comments The - Treasure Coas t Regional PI anning Council had reques ted additional information on the possible presence on the site of the dwarf or bluestem palmetto (Sabal minor), a species listed as threatened in the state by the Florida Departwent of Agriculture and Consumer Services. The applicant stated on ~age 2 of the response document that the specimens collected have now been identified as immature cab,bage palms (Sabal palmetto). However, bluestem palmetto still is included in the applicant's revised list of identified flora (page 18-4). Ms. L. Christine Beditz Boynton Beach Mall Sufficiency Response Page 4! Thank you for the opportunity to comment on the sufficiency response. Please contact ~e or Kathleen Brennan of my staff at (407) 820-4011 if you have any questions regarding our co~ments. ~ kmb Enclosures (2) cc: Thomas A. Marsicano, Greiner, Inc. Commissioner Karen Marcus Commissioner Carol Roberts Commissioner Carol Elmquist Commissioner Ron Howard Commissioner Carole Phillips Jan Vinters, County Administrator Sam Shannon, Assistant County Administrator Ms. Rebecca Martin, Pine Acres Dr. Frederick Cichocki, Coalition for ~ilderness Islands ~ , . / ..,.". ./ Cc..--i C'1? c: / ~f I y- < I ) , ,/:) () oJ ( /, " ,-;.; I rj1v... , ..' <.' ~y NAME IS REBECCA MARTIN . In V. Co; /~ve.'S'5 l S ....-f- l_ IIT'E "::L :3527 ~~ I TEL Y AVE. .~(~.~... .;to"" EnJY~HDN BEACH,'( CJJ.Utny OJ' ~r-1~~~~ "-- I AM THE Spm:::ES PEf::SON FOR THE PAU1 BEACH C:OU!'.ITY SUf~D T ',) T ~3 I C!f-! I~ F' I NE ACRES/ qONcLEF:r..JI N(3 ORD(# 8Bll ,,tV 3A-2 ~tJ TOD;:','(':3 CC'~'r~:l=:t,iT f:1;~~EtiD':: /c:v1~ I 'b-v-b-C~I'(J ,hh-,... ..~--; -hJ t'"1c.C..' TH I S COMMUN I TY STATEMENT . F:EF'F:ESENTS l ALOr-Ji3 l'J I TI-I TI'H:: :: t SIGNATURES ON THE PETITION I HAVE SENT THE COMMISSION MEMSER~ 901. OF THE limA!; I TAMT3 OF OUF: '.3UBD I \} I S I ON. ~ e. ~ i a t Vi 1"".:5 OUR CONCERN IS THAT COUNTY RESOLUTION NO-R-74-J43 W':SUL'''';T I OM' APPRO'.) I NG DE"'/ELOP~ENT OF F:EG IONAL I MF'ACT F'ET I T I ON NO. DR(-74-2 WILL BE SUBJECT TO DRASTIC CHANGES NOl') ",HAT THE CITY C BOYNfON BEACH HAS ANNEXED THE 9.L ACRE AF:EA DES IGNATED BY T:" COUNTY AS A PRESERVE AREA. UNDER THE ORIGINAL PETITIO~PG. 3,CONDITION # 9 ( UNDER DEVELOPE SHALL) I QOUTE II PRESERVE THE PINE AREA LOCATED ON THE SU8JEC PROPER'")" .' , ,'. o./r;..in ( ('J THE DE\)ELOF'ER IN TH I S CASE JTHE DEBARTOLO CO. f'LCiS ~.j"TEN THE C I I OF BOYNTON 8EACH TO ANNEX TH 1:3 l_At'JO SO Tl-if,H IT Mr-i'( SYAF: r n FINAL PROCESS OF GETTING IT RE-ZONED AND CATEGORIZED SO THAT PARKING LOT CAN BE PUT IN THIS COUNTY DESIG~lATED F'RESERVE AREA. . THE ANNEXATION APPLICATION, SUBMITTED BY BOYNTON-J.C.F ASSOCIATES ON BEHALF OF THE DEBARTOLO CO.~THE MALL DEVELOPER~ WAS APPROVED BY THE CITY OF BOYNTON BEACH IN JULY OF 1987 WI" THE SU8SIQUENT ANNEXATION OF THE COUNTY PRESERVE AREA IN APRIL ( THIS YEAR. THE NEIGHBORHOOD OF PINE ACRES IS VERY CONCERNED ABOUT T~ CHANGE OF CONTROLLING AUTHORITY OF THE F'RESERVE AND THE VEf REAL. POSSIBILITY THAT IF THE COUNTY DOES NOT TAf:::E SOt'IE r-iCTION T1' PRE;;iRYE AREA WILL CEASE TO EX I5T I NITS r:'F:ES::;:NT ST~ fE AND !.'j E ~ IN TBE \lEF:Y N:::P,i~ FUTUPE ~ECO~,F:: A - MALL - F'Af.:f::: I r'H3 - L.QT. ~', IT ,-1's OUR CONTENS I ON THAT THE n':::OAF:TOLO C;[it'lr-'f':'~'IY -i-'..-:r';'t::-~f::'i D~~~Lr::S) ARE NOT MEET I t'lG THE !=::EQU I REMENTS L1F THE::_ I f~: ;'1l3FEEi':b.),j ~:It)I\jED I;JITH ,THE COUNTY !JJHICH IMFCi:;cT) !if:'Cr,i T:u~E UG:JI~):'!':: HF'I=:, I C,~NT ION FOF: DE"}ELOF.t'1EI'(T THAT T:-\E Ar';:EH~'< l., ~~r', 11,1 I T'3 :,J,': '1"::;:, I STArE AS REQUIRED BY DRI-74-2. 'c'" 1.JSTj'J\3 THE cr','( COMMr~~dr(it'IEF::':; Uf= !:'C)yj,1T::1!"J r;l::i:;i."~1 iiJ 1:11>1:::::.'..:::: r,1l-:::';il'J THE Di::UAI::rOLD CCJMF'(ir.J'Y I:-3 {.:'d'f[:.i'tf:'Tf!"il~ ,,-: l:ll:,~\I"::C':,T 'r;!,: l, :::1:, i ':'iI..,,',T: '.'E :~\i.'IOY ;rHAT C'(:"'.J f'" IT (:: ::, ..., :t:;, 1'1"' :I_I!-: U::>:: i",:'!: '!. ::1;'1 : ;'Il.i;'II'( Ui<,:;rCJt'I.:.;rE::U r:.;.;:f:::.,:;EF',...t: ,-i:;'I::t,:,. l"~'. I'H:.' f>(;i..1'1 r:'I~:i,';CH I X)I,JI'., ",' ',:"..!:;: I r ',,1 T :'7; '-',,'.i ,,-- : ,,:::! ',' ':i'l n-1 (,~) I.:":Y:::;"; [i'l(3 ,.:,1'-;:', ';C:,..:',' !.::'::::'",: '," . .. ; : ~ ;:.. . :; I "",' \ I 1"" ,. \;'\ \~ ("1, '-' "- \, ' j .:t.....{ - . '.~~;r:.' ..) . . .'~' 5.3. BELLE GLADE John Brovn, Executive Director of a Develo'PCllent Corporation in Belle Glade, thanked the Board for all their help in Housing in the Glades area and thanked Commissioner Adams for all of his public serVlce contributions. 5.4. PINE ACRES - PRESERVED AREAS Rebecca Hartin, Boynton Beach resident and representative of pine Acres in regard to Ordinance 88-11 - Item 3.A.2 on the Agenda, reveiwed the situation. She said the County designated preserve area was about to be violated and asked the Board for help regarding this issue. Stella Rossi, ,,'ilderness Isles, asked for their support. Commissioner Adams requested a copy of Ms. Martins' statement for the record and she said she would send one. ACTION: Hotion to receive and file Hs. Hartin.s' statement. Hotion by Commissioner Adams, seconded by Commissioner 'Kilken and carried 3-0. Commissioners Marcus and Roberts absent. (CLERK'S NOTE: Commissioner Marcus returned to the Chambers.) 5.5. TRIBUTES TO COHHISSIONER KEN ADAMS Gary Speigel, representing Hecca Farms, expressed his thanks to Commissioner Adams. 6. See Page 12. (CLERK'S NOTE: CommisHoner Adams left the Chambers.) 7. REGULAR AGENDA 3 .A.2. RECEIVE AND FILE AND FORl,..'RD TO PLANNING, ZOSING & BUILDING DIRECTOR: ORDINANCE NO. 88-11, OF THE CITY OF BOYNTON BEACH, ANNEXING A CERTAIN UNINCORPORATED TRACT OF LAND THAT IS COl-..'TICUOUS TO THE CITY LIMITS \0,' ITHIN COUNTY AND WILL, UPON ITS ANNEXATION, CONSTITUTE A REASONBLY COMPACT ADDITION TO THE CITY TERRITORY. Sam Shannon, of Administration, stated that staff would be monitoring the revei.... process and 'when finished, staff would bring it back to the Board. Commissioner \o,'ilken recited the different document into the file which would be part of the her Hotion. ACTION: Motion to receive and file documents fro. #3.A.2 and direct staff to implement ....hl'ltevf>r action VIl9 needed to liv~ 11'"1 HH)<'l1' committ''11l''nt!l. , '... . ._.-.....~~'-'---~--~-- " Boaid of County Com ,sio ners 'J;< County Administrator Jan Winters , Car~1 A. Roberts, Chair Carol J. Elmquist, Vice Chairman Karen T. Marcus Dorothy Wilken Jim Watt Department of vironm'ental Resources l\\anagement -- , -.......... ...,.,.,.....!:I September 12, 1988 REr~\\!fD .....I\.-. 11 - St.? 20 \938 r..:.:..\C'l"\ .ANN1NG D\\I\,,, .,," Mr. Daniel M. Cary, Executive Director Treasure Coast Regional Planning Council 3228 S.W. Martin Downs,.Boulevard suite 205, P.O. Box 152$ Palm City, Florida 34990 Dear Mr. Cary: f;;:,~<... . -...' 1 -1 The Palm Beach County Department of Environmental Resources Management (ERM) has reviewed the substantial deviation Application for Development Approval (ADA) for the Boynton Beach Mall Development of Regional Impact (DRI). We have no objection to the modification of the mall to allow the construction of an additional anchor department store. However, we do oppose the proposed reduction of the pine flatwoods preserve, located in the northwest corner of the site, to accommodate the additional parking estimated by the applicant to be needed for the operation of the new store. We believe that a parking garage could be constructed to provide the necessary number of parking spaces without the destruction of a significant portion of the pine preserve. .f': Previous Palm Beach County Actions Related to the Proposed Projec~ In our previous letter to you on this project, dated April 14, 1988, we stated our position that the pine flatwoods tract should be preserved, as required ln the original development order issued by the Palm Beach County Board of County Commissioners (Development Order Resolution No. R-074-343, issued on May 7, 1974). We further noted that previous plans for the mall proposed by the applicant indicated the potential for construction of a parking garage, and recommended that this option be investigated as part of the substantial deviation revielf process. Residents of the Pine Acres subdivision, which is located immediately west of the mall and the pine preserve, appeared before thevoard of County Commissioners on May 10, 1988 to express their concerns regarding the possible loss of the preserve. At that time, members of the Board expressed their support for continued preservation of the preserve and stated their intent to support the requirements for the preservation of the pi~ tract in the County's review of the ADA. Therefore, we wish to reaffirm, our continued support for the preservation of the entire pine flatwoods tract in its present location. Potential for Setting of a Precedent Allowing the destruction of a portion of the preserve at the Boynton Beach Mall site could set a precedent for the loss of portions or all of future 3111 SOUTH DIXIE HWY" SlIITE 146 WEST PAL:'>I 8EACH, HORm.-\ 33+05 (407) 820.+011 SUNCOi\l 2+5.+0 II ., ,(!_;}?~~.~: ~', ';;. .::_:.:.:....;:~ ....;..r. .::. .~;'<~;<.::;~f '";:;~.~~~'~;L~"\'.~:;:::':,._.,_~:~'~..i;.;..;.t~ ,:;,;1;. Mr. Daniel M. Cary Page 2 September 12, 1988 preserves set aside as conditions for the approval of future DRIs, if the developers or owners decide they need more space for other uses. Unless such conditions are adhered to in perpetuity, such areas are not truly preserved. Effects of the Proposed Reduction of the Pine Flatwoods Preserve "1 ~ .~ According to the information presented in Table 12.2 of the ADA, 42% of the existing pine flatwoods area would be removed to permit the relocation and culverting of Canal L-23 and the development of additional park~ng spaces. The removal of this portion of the existing pine flatwoods ecosystem would result in the loss of that amount of habitat for the species of wildlife that presently live, feed, or breed on the site. The disturbance caused by the removal of the vegetation and the relocation of the canal also could result in the elimination of some of these species permanently from the site, because there is no adjacent area from which replacement animals can repopulate the amount of the preserve remaining. The disturbance of the soil structure and composition of the aiea to be cleared could prevent some species of plants or animals from repopulating the site, because some of the soil- or plant-related conditions or factors they require as part of their environment might no longer be present. The value of the remaining habitat for wildlife would be reduced because of the decrease in the total size of the preserve. It also is likely that the vegetation remaining would function less efficiently as a visual screen and buffer to reduce the noise and visual impacts on the Pine Acres subdivision than the present preserve, due to the reduction in the width of the buffer area, and thus the density of the vegetative community. Additionally, the disturbance and subsequent replanting activities could favor the invasion of the disturbed area by nonnative species. Although 2.42 acres of the present pine flatwood area would be developed, only 0.14 acres would be replanted with pine trees. This is approximately 5.8% of the area lost, or a 0.06-1.0 mitigation ratio -- a very low rate. Projects that involve mitigation for habitat loss typically provide, at a minimum, one acre of replacement habitat for every acre of existing habitat destroyed or degraded. The shrubs, grasses, and herbs, which constitute a significant portion of the vegetation on the site and provide food and other habitat needs for-wildlife, would not be 'replaced. Although it is stated in the ADA that three pine trees would be replanted for everyone lost, the increased number of trees does not compensate for the lost acreage of habitat, and in fact may not be desirable because of the density of the planting and the likely even- ag~ status of the trees to be used. The species diversity of the site (number of species present and variety of types of species) and the structural diversity of the plant community would be reduced. The loss of this diversity would reduce the value of the site for wildlife. Any additional vegetation to be planted to the east of the relocated canal probably would function more as landscaping for the parking area than as habitat or a food source for the animals of the pine preserve or a visual buffer to the residential subdivision. Landscaping is not replacement of lost habitat. .:- ;.. :,1:. ... "..' !.~:....: ,'/ ,"',',1' . .'.'., Mr. Daniel M. Cary Page 3 September 12, 1988 , The variety of ages of trees also could be reduced. Animals need trees and plants of different ages at different times of the year for feeding, breeding, nesting, etc. Dead trees (known as snags) are a natural part of the pine flatwoods ecosystem; they provide perching, nesting, and denning sites for a variety of animal species, as well as habitat for insects that are an important food source for many species. Species that require snags may no longer be able to use the site. Use of Nonnative Landscape Plants :! The significant deviation application indicates that the right-ot-way along Javert Street, on the western border of the pine preserve, would be planted with pongam (pongamia pinnata) trees, a species not native to Florida. This landscaping activity is not desirable if a natural preserve area is to be maintained. It would reduce the residents' view of the native vegetation and is likely to facilitate the introduction of other nonnative plants and animals. If the pine flatwoods area is intended to be a preservation area for native vegetation and wildlife habitat, nonnative species such as pongam should not be planted on the site. Also, some authorities state that pong am seeds are poisonous if consumed; therefore, it would be advisable not to use this species where the seeds would be accessible to small children, such as adjacent to a single-family residential subdivision. Problems Due to Lack of Adequate site Maintenance It is noted in the significant deviation that the pine flatwood area has been used as an illegal dump, apparently for a number of years, and that debris and waste ranging from trash and tree trimmings to an automobile chassis is present. Regardless of the extent of the pine preserve, this material should be removed by the owners or operators of the mall, and the area checked periodically to ensure that it is being maintained in a state cuuducive to the preservation of the habitat value of the natural ecosystem. It should not be deg~ded in quality through use as a waste disposal site. Ecological Value of the pine Preserve Although the pine preserve has not been identified as a high-quality native ec~system in the Inventory of Native Ecosystems being conducted by consultants for Palm Beach County, it is one of the last remaining tracts of pine flatwoods in the central and south-central sections of the county. Therefore, it provides valuable habitat for wildlife because of the scarcity of this type of habitat in the county. The Florida Natural Areas Inventory has ranked this ecosystem as vulnerable to extinction, both statewide and globally, because of the relatively small amount that remains. , I Mr. Daniel M. Cary Page 4 September 12, 1988 Recommendations for Conditioning of the Dev~lopment Approval The significant deviation application does not consider alternatives to the removal of a portion of the pine preserve, such as the provision of the required parking elsewhere on the mall site. One alternative that should be considered is the construction of a parking garage, preferably in a portion of the mall site away from the preserve, so that the noise and other impacts associated with the garage would not adversely affect the preserve and its component species. We recommend that the development approval be conditioned to require the preservation of the existing pine flatwoods preserve in perpetuity, the maintenance of the preserve to prevent waste-related problems, and the construction of a parking garage. Thank you for'the opportunity to comment on the ADA.. Please contact me or Kathleen Brennan of my staff at (407) 820-4011 if you have any questions regarding our comments. . Sincerely yours, f?~J~ Richard E. Walesky, Director Environmental Resources Management cc: Commissioner Karen Marcus Commissioner Carol Roberts Commissioner Carol Elmquist Commissioner Dorothy Wilken Commissioner James Watt Jan~' ers, County Administrator Sam a non, Assistant County Administrator Ms. cca Martin, Pine Acres Dr. rederick Cichocki, Coalition for Wilderness Islands .... ...._'-_"'..__.~______.___.v,~._____""_.~' ...-..... ....p- ..._._- .""'.-...'- ....... ,-- - ... .. ---_..... ..-.-,--,-.---^ -. .."_.._._~._.~-.__._--_. ._-_.__._..~----...--~~-- 'PR..t=A P pu C::#4 T7 O,J 111-n; r50y N 70 ~ B~ c..H fYJ -ALL- SL>,&. }) eJ I iJ 77C>rJ ~ -;Cl?P0 ~ &', /(gzr tl.. 9~ r;t/~ ~~ hk~ ~ ~ ~ /a-tn &-/4:. .~~ ~ ~ CA77~o,a-1 ~ ~ ~f- .,.,~ ~ ~~~.~~ , ~~~~ "1?\U~ c)t-~ 'i;~. c)~ e~. ~. ~ ~y - iCa"pe- /i~ I'!d-~JTT (C/2fc' ~~/' /e?C I " ~~/ . R Uci ~ ~ TCRPC ~ il?1J2.>/~YlICO Ge.&/ ~ ~ ;t1~( tOi1ttGav, M ffr,JfJo~/(2."r;r ~r Ar(\l~v..~ . f11 ~;'D VI !-/-e.d..;Ne---M j) EL- ~s7~/Tz-- ~?e_ MEMORANDUM 6 March 1989 TO: Peter L. Cheney, City Manager FROM: Carmen S. Annunziato, Planning Director RE: Boynton Beach Mall Development of Regional Impact - Advertisement The City is in receipt of a notice from the Treasure Coast Regional Planning Council (TCRPC) (copy attached), which informs the City that we may now set the Development of Regional Impact (DRI) pUblic hearing which is required, pursuant to Chapter 380.06(11), Florida Statutes. Among the requirements of Chapter 380.06(11) are the following: 1. A notice of public hearing must be advertised at least sixty (60) days prior to the public hearing date. 2. The notice shall state that the proposed development is undergoing a development of regional impact review. 3. Copies of the notice shall be given to the Department of Community Affairs, to the TCRPC, and to others. 4. The public hearing date shall be set at the Commission meeting following receipt of the notice from the TCRPC. To that end, I recommend that the City Commission set May 16, 1989 at 6 p.m. at City Hall, Prime Bank Plaza, 211 S. Federal Highway, Boynton Beach, Florida as the date, time and place of the required public hearing. It is the intention of the Staff to have all development issues heard on this date. These include requests for an amendment to the Comprehensive Plan Future Land Use Element, Rezoning, site plan and parking lot variances, if necessary. C~RMEN ~~O /bks I cc: Jim Golden V :J ~ ,li' '1-} ,~;.:; I,.... ,::t~ , .~ i:i ~:' , ' ,~ ~~l -~;~ 1-, " ~' j ~' .i;; 'jj:" '1i 1 ~r I "re(.vure co~t regional planniQg council . February 28, 1989 CERTIFIED MAIL RETURN RECEIPT REQUESTED Mr. Peter Cheney City Manager City of Boynton Beach P. O. Box 310 Boynton Beach, FL 33425-0310 Subject: Boynton Beach Mall Development of Regional Impact Dear Mr. Cheney: This is to notify you that the City of Boynton Beach may now schedule a public hearing for Boynton Beach Mall Development of Regional Impact. The applicant's authorized agent was notified by letter dated February 17, 1989, that the Boynton Beach Mall Application for Development Approval and supplemental information were insufficient. Section 380.06(10)b, Florida Statutes, requires that within five working days of receipt of the sufficiency statement the applicant must notify the Council and the local government whether or not the requested information will be supplied. On February 24, 1989, Council received a letter from the applicant indicating that no additional information will be supplied. Therefore, pursuant to Section 380.06(10)c, Florida Statutes, we hereby provide notification that the hearing may be set. Your attention is invited to Sections 380.06 (11) , Statutes, and 9B-16.23, Florida Administrative Code, attached) for the pUblic hearing requirements Development of Regional Impact. within 50 days of of the notice of public hearing from the City of Florida (copies for a receipt Boynton 3221 I.W. martin downl blvd. IUlte 205 · p.o. box 1529 palm city, tlorlda ~990 phone (407) 216-3313 RECEfV ~j ..va 2 1989 r~N~Ntl'N'6 'D'fPT. 1r~ -=- ~';f -y ',' . Mr. Peter Cheney City of Boynton Beach February 28, .1989 Page Two Beach, the Council will recommendations to the city. Sincerely, ~~/~ Daniel M. Cary ; Executive Director DMC/LCB: 19 Enclosure cc: Carolyn Eggert James Stansbury Bruce Offord Sam Shannon Charles Walker Al Grasso Carmen Annunziato Richard Walesky Lisa Smith Marion Hedgepeth Gus Schmidt Randy Whitfield, Roxanne Manning Thomas A. Marsicano provide its report and I .. t . . ~ Greiner, Inc. P.O. Box 31646 5601 Mariner Street Tampa. Florida 33630-3416 (813) 286-1711 FAX: (813) 287-8591 Greiner C 1519.00 February 21, 1989 Ms. L. Christine Beditz, DRI Coordinator Treasure Coast Regional Planning Council Post Office Box 1529 3228 S.W. Martin Downs Blvd., Suite 205 Palm City, Florida 34990 Reference: Boynton Beach Mall Development of Regional Impact Substantial Devia tion Dear Ms. Beditz: We are in receipt of your letter of February 17, 1989 regarding the above referenced project. In accordance with the prOVISIons of Section 380.06(10)(b), Florida Statutes, please be advised that the applicant has elected not to respond to the information request included with your February 17th letter. The applicant's decision is based on their need to advance the review of this project in order to be in a position to make decisions regarding proceeding with the development as soon as possible. In addition, we note that the information requested with this letter is, as stated in Palm Beach Coun ty's lettcr of February 15, 1989, required to correct "minor details" in the traffic analysis. We will contact Palm Beach County directly regarding these additional minor items and will advise TCRPC, the City of Boynton Beach, and other review agencies regarding our coordination with Palm Beach County. Accordingly, we would request that you notify the City of Boynton Beach and request that the public hearing date be set at your earliest convenience. Copies of this lctter have been sent to all agencies and individuals included in the attached distribution list. Thank you for your continued cooperation. Sincerely, GREINER, INC. ~~ Thomas A. Marsicano Associa te V ice Presiden t --.. -r r'.. l~~tv~- , TAM:sw "" " ",E6 ~u xc: David H. Curl Jerry Williams Dick Greco Mac Conahan -- PU"~ "q,'.;;A "';1.1 \t .. ... ~ ~._' --- Greiner BOYNTON BEACH MALL TRANSMITTAL LIST RESPONSE TO REQUEST FOR ADDITIONAL INFORMATION Treasure Coast Regional Planning Council Ms. L. Christine Beditz DRI Coordinator Post Office Box 1529 3228 S.W. Martin Downs Boulevard Suite 205 Palm City, Florida 34990 (305) 286-3313 Ms. Lisa Smi th DRI Coordinator Resource Control Department South Florida Water Management District Post Office Box 24680 West Palm Beach, Florida 33416 Department of Community Affairs Mr. Alto Thomas Bureau of State Planning 2740 Centerview Drive The Rhyne Building Tallahassee, Florida 32399 (904) 488-4925 Department of Environmental Regulations Ms. Marion Y. Hedgepeth, M.S. Environmental Specialist AND 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 Department of Transportation Mr. Bruce Seiler, Planning Engineer Florida Department of Transportation District IV 780 S.W. 24th Street Fort Lauderdale, Florida 33315 (305) 522-4244 I I I BOYNTON BEACH MALL TRANSMITT AL LIST RESPONSE TO REQUEST FOR ADDITIONAL INFORMATION (continued) Department of Commerce (For non-residential DRI's only) Ms. Wynelle Wilson Bureau of Economic Analysis Departmen t of Commerce 107 W. Gaines Street Tallahassee, Florida 32301 (904) 487-2568 Department of Natural Resources: Mr. William Howell Bureau of Biological and Interpretive Services Department of Natural Resources 3900 Commonwealth Boulevard Room 302 Tallahassee, Florida 32303 (904) 488-4892 Palm Beach County Health Department Dr. James P. Howell, Director Post Office Box 29 826 Evernia Street West Palm Beach, Florida 33402 (407) 820-3000 Palm Beach County Planning Ms. Roxanne Manning Palm Beach County 800 13th Street Palm Beach International Airport West Palm Beach, Florida 33406 Palm Beach County Ms. Teresa Cantrell Metropolitan Planning Organization Post Office Box 2429 160 Austrailian A venue Building #2 (33406) Room 301 Mr. Carmen Annunziato, City Planner City of Boy ton Beach 120 N.E. 2nd Avenue Post Office Box 310 Boy ton Beach, Florida 33425-0310 '" treOlure co~t regional planniQg council \ It Mr. Ralph K. Hook Department of Community Affairs Bureau of state Planning 2740 Centerview Drive The Rhyne Building Tallahassee, FL 32399 Subject: City of Boynton Beach Local Government Comprehensive Plan Documents Dear Mr. Hook: Pursuant to the requirements of the Local Government Comprehensive Planning and Land Development Regulation Act, Chapter 163, Florida statutes, the Treasure Coast Regional Planning Council reviewed the proposed amendments to the Future Land Use Element of the City of Boynton Beach Comprehensive Plan at its regular meeting on February 17, 1989. Comments were approved by Council for transmittal to the State Department of Community Affairs pursuant to Sections 163.3184, Florida Statutes, for consideration by the City prior to adoption of the document. Evaluation The proposed amendments to the Future Land Use Element have been reviewed in accordance with the requirements of' Chapter 163, Florida Statutes, Council's review procedures, and Council's adopted plans and policies. Enclosed is a copy of the full staff report to Council. The report was formally adopted by Council with the revisions indicated at its regular meeting. If you need additional information or have any questions, please do not hesitate to call. s U(cer~IY , / ,. " I /~:>" . f " '" ~f:;:-:'-------; Daniel M. Cary Executive Director "IRE' C,",:,"",' l',.. I :~ . ..iL.:A v DMC:lb Enclosure F.EB 23 E~. cc: Carmen s. Annunziato, AICP PLANNll'~G , ' ~ -...\!It 3228 I.W. martin downs blvd. suite 205 . p.o. box 1529 palm city, f10rlda 34990 phone (407) 286-3313 February 17, 1989 treOlure co~t regional planniQg council Mr. Thomas A. Marsicano Associate Vice President Greiner, Inc. P. o. Box 31646 5601 Mariner street Tampa, FL 33630-3416 CERTIFIED MAIL RETURN RECEIPT REQUESTED Subject: Boynton Beach Mall Development of Regional Impact Substantial Deviation Dear Mr. Marsicano: The Application for Development Approval (ADA) and supplemental information for the Boynton Beach Mall Development of Regional Impact (DRI) Substantial Deviation have been reviewed by Council staff for informational sufficiency. The ADA and supplemental information contain insufficient information for the Council to perform the regional impact assessment required under section 380.06(12), Florida Statutes. The attached report indicates the information which is being requested in order to complete the application. Section 380.06(10) (b), Florida Statutes, requires that within five working days of receipt of the sufficiency statement you must notify the Council and the City of Boynton Beach as to whether or not the requested information will be supplied. If you do intend to provide the information requested, you must do so within 120 days or the application will be considered withdrawn. This 120-day time limit may be extended if agreed to by both the applicant and Council staff. When we determine that the application and supplemental information are sufficient or we receive notice that no additional information will be provided, we will notify the City of Boynton Beach that the public hearing date may be set. Upon receiving notice from the City that the hearing date has been set, we will begin our 50-day review period. Staff will be happy to discuss any issues or questions raised by this letter with you. If you have any questions regarding this RECEIVED FEB ~~ 1 1989 pl.;\r~lji: {:i DEPT. 3228 s.w. martin downs blvd. suit. 205 . p.o. box 1529 palm city, tlorlda 34990 phone (407) 286-3313 Mr. Thomas A. Marsicano GreineI:, Inc. February 17, 1989 Page Two request, please do not hesitate to contact me or Chris Bedi tz , Council's DRI Coordinator. Sincerely,1' / \ Dani-el M. caryi Executive Director DMC/LCB: 19 Attachment cc: Carolyn Eggert Lisa smith James Stansbury Marion Hedgepeth Bruce Offord Gus Schmidt Carmen Annunziato Al Grasso Randy Whitfield Charles Walker Sam Shannon Roxanne Manning Richard Walesky DETERMINATION OF INFORMATIONAL SUFFICIENCY FOR BOYNTON BEACH MALL DEVELOPMENT OF REGIONAL IMPACT SUBSTANTIAL DEVIATION APPLICATION FOR DEVELOPMENT APPROVAL Prepared by Treasure Coast Regional Planning Council Staff February 17, 1989 I. Boynton Beach Mall Development of Regional Impact Substantial Deviation Application for Development Approval (ADA) and supplemental information contain insufficient information for the Treasure Coast Regional Planning Council to discharge its responsibilities under Subsection 380.06(12), Florida Statutes. II. Please respond to all items on the attached letter from the Palm Beach County Office of the County Engineer. III. Please' provide all information requested in II above on revised or new pages for the ADA. All revised or new pages should show the revision date. Provide a cover letter indicating where responses to each question within the text are provided and indicating the nature of the response. Attachment Board of County Com,m:~ioners , CaroI" J. Elmquist, Chairman .Karen T. Marcus, Vice Chair Carol,-\.. Roberts Carole Phillips Ron Howard County Administra jan Winters February 15, 1989 Department of Engineel and Public Works Ms. Christine Beditz DR! Coordinator Treasure Coast Regional Planning Council 3228 S.W. Martin Downs Blvd. Suite 205 - P.O. Box 1529 Palm City, FL 34990 ,"1"'" :';-('~ J+' + ?:~ . ":' F:) a ! ..I ,lL ,',u, . ""it '..,.. d o,.~ .,. SUBJECT: BOYNTON BEACH MALL DRI - SUBSTANTIAL DEVIATION SUFFICIENCY RESPONSE DATED JANUARY 1989 Dear Ms. Beditz: The Palm Beach County Traffic Division has reviewed the January 1989 Sufficiency Response for the Boynton Beach Mall DRI Substantial Deviation and would like to offer the following comments for your consideration: 1. The daily LOS capacity for a 6-1 ane divided road is still incorrectly shown as 48,400 instead of 46,400 (as shown on the table attached to an August 16, 1988 letter from Julia V. Iversen of your staff to Mr. Roy Chapman of Reynolds, Smith & Hills). This discrepancy ~ appear to make a difference in the results for roadway link B-5 (see comment below). 2. The capacity analysis for the intersection of Boynton Beach B1vd./01d Boynton Road is not correct because the wrong geometries were used. No south approach to the intersection was identified, although it has been in existence for about a year. The correct geometries are as follows: NBD: 1 left turn lane 1 combined thru/right turn lane SBD: 1 1 eft turn 1 ane 1 combined thru/right turn lane WBD: 1 left turn lane 3 thru lanes 1 right turn lane EBD: 1 left turn lane 2 thru lanes 1 combined thru/right turn lane "An Equal Opportunity - Affirmative Action Employer" BOX 2429 WEST PALM BEACH, FLORIDA 33402-2429 (407) 684-4000 ROADWAY LINK B5 C3 * ** *** **** page 2 It is requested that the intersection capacity analysis be redone with the correct geometries and turning movement volumes. 3. The projected average annual 1989 total traffic on two roadway 1 inks (C3 and B5) was checked against the consultant's numbers as shown in Tables 31.5 and 31.13. In both cases, the total traffic volume which resulted was higher than the consultant's number and exceeded the Treasure Coast Regional Planning Council (TCRPC) standard of LOS "C" for average annual daily traffic (see below): EXISTING 1988 ADT 41202 25740 MALL 1989 YEAR ANNUAL APPROVED 1ST PHASE EXPANSION**** TOTAL GROWTH* MALL ADT** QUANTUM PARK*** ADT TRAFFIC 1707 1699 2027 2791 1100 3900 665 925 46701 35054 based upon Table 31.9, which showed an average growth rate of 4.6% for Boynton Beach Blvd./link B5 and 6.6% for Congress Ave./link C3. based upon the difference between the "Approved mall ADT" shown in Table 31.5 and the "Existing Mall ADT" shown ,in Table 31.1. based on the statement on P. 31.9 of the August 1988 Application that this traffic was separately included in the background volume. These numbers were derived from page IV-5 of the TCRPC DRI Assessment Report (dated September 1984) for the Boynton Beach Park of Commerce (AKA Quantum Park). as shown in Table 31.13 For link B5, the 46,701 total volume exceeds the consultant's number of 44,863 and is in excess of LOS "Cn daily capacity of 46400 for a 6-lane divided roadway. For link C3, the 35,054 volume exceeds the consultant's number of 29703 and is in excess of the LOS "C" daily capacity of 30000 for a 4-lane divided roadway. 4. The diamond interchanGe critical movement analysis method should have been used to analyze the Boynton Beach Blvd./I-95 interchange capacity. It is also noted that the turning movements used by the consultant are considerably different from those recorded by the County at this location (see attached). It is further noted that addi t i ona 1 1 eft and through 1 anes are recommended for the exi st i;.g Boynton Beach Blvd./I-95 diamond interchange. Since this will require page 3 poss i b 1 e reconstruct i on of the bri dge structure, the County Traffic Division would like to know more precisely the extent (i.e. distance, beginning and end points) of these additional lanes. Given the probable cost of these recommended improvements, it may be worthwhile reconsidering the alternative of the NW 22nd Ave./I-95 interchange. Construction of this new interchange was included in the fifth year of the proposed FOOT 5-Year Road Program that was presented to the Palm Beach County MPO in January 1989. It is conceivable that some cost sharing arrangement could be worked out among the app 1 i cant, FOOT, and the Quantum Park of Commerce (which is already committed to pay between $900,000 and $1,800,000 plus a portion of the right-of-way for the interchange). It should also be noted that an opportunity exists for a similar cost sharing arrangement for the Congress Avenue section between Boynton Beach Blvd. and NW 22nd Ave. The owner (Oriole Homes) of the Boynton West PUD is subject to a condition to commence construction of Congress Avenue to a 6-lane divided cross section prior to the issuance of 510 multi-family (or equivalent single family) bUilding permits or June 1, 1990, whichever first occurs. With the correction of some minor details in the traffic analysis, the Boynton Beach Mall Substantial Deviation Application will be sufficient in our opinion. Your transmittal of this report for our review is appreciated, as always. Please do not hesitate to contact me if you have any questions concerning our comments. Sincerely, UNTY ENGI~EERL . Ennis, P.E., AICP Development Review Engineer AAE:te attachment cc: Randy Whitfield, P.E., Director, Palm Beach County MPO Carmen Annunziato, AICP, Planning Director, City of Boynton Beach file: SID - Boynton Beach Mall DRI aae\boyn , ~ TRAFFIC DIVISION - PROJECT SHEET LOCATION: . f3D YNIOl'J Beu. IBJ 7: - t:;<;: ( NO: 13- J 3 LI-I s-gg DATE: NATURE OF REQUEST: RCVD BY: ATLAS P6: FROM: NAME: TAKE COUNTS FOR: ADDRESS: ,~, RETIMING: OTHER: PHONE #: X BELOW ASSIGNED TO: .- DESIRED ACTION:____(MINI) SIGNAL STUDY ~PROACH VOL____PK HR TURN COUNTS ____SPEED STUDY____PED STUDy____DELAy STUDy____( )MO CD____FILE CHECK ____FIELD CHECK SKETCH (MAINT) WO (SIGNAL PLAN___UP6RADE___NEWJ ____STRIPING PLAN GEOMETRIC PLAN____PRINTS____PHOTOS GEOMETRICS L LT T TR R SPD LIMIT , NA SA EA WA TRAFFIC SIGNAL ? ACTION TAKEN: DATE: BY: RESPONSE MADE TO: By:____LETTER____MEMO____PHONE DATE: BY: . I-95 EAST SIDE DIAGRAM 'TURN COUl\J -,- 5 ' IND.c.ATa MoteT" IV A""OW ~. 3~ ~ ..J ~ - ~ "J VJ ~C><J ~.~ ~ :lID - --- ---- 1Q ~ c ;J- 8 ~ \r - (]O - OQ- ~ ~'4-S-7-/O ~ \D~~ --- () v, ')-- (3- r -0 ci - - ~ ~ Btf 39 70 a~ (jeAN':) 10 L- '-12- ge:, 1/3 1"'\ w t: < :z V INTERSECTION AND PERIOD : ~"o.. OriS' TO oglS' , I . .' I.' .. . I . . INOICATI NC"TH IY "'"..OW ~. ~ 0 l/)-.s)~~ <) M (}"- ~lill/J ---- - , 1-'15 EAST SIDE DIAGRAM TURN COUf\1-r:3 ' g~ lY\lY)~()c U1\j"::J-li) )"10 ;J - g .... if} <)0 r- cJ _ - ~ n<::J 0>\0--.- H-S -7-/0 ~ 8~ So ~I LfC{ (!tANE) 90 So S9 L(~ "" w I: < :z= V INTERSECTION AND PERIOD , IcJ.Do : '''0'' TO ;3, tJ 0 . ....... .' , I : .: . ~ '!1 .: . ','.::: 'ill . I PORTER W~~ t.t'~~;:'l'ES.INC. --3- 00 t<' OC')() Of-p ar' N) OO<:l -.... r-0c:J - Cl)- CD CO Cb-- l" 1-. :Jt-L/-rj-9 .... ... 'Q ~. ~ . . ~ ~ - - \0 \'- ~ qr- ~9C rJf' ~~ ~ 5 ~7 ~ 1'\\Jt....(')O __ '\ " C) , , 79 9,-, ,-S' lo~ INDICATt NCRTH IV A."IOW ._. <!t.M':) 37 3D c;7 L(~ DIAGRAM TURf\I, COUN-rS' I -'l 5 \.J EST S I DE 1""\ t1I ~ < ::z: V '. : INTER:3ECTtON , . " 'PERIOD .-.. . - - ...- - .. _. AND : ,.~. ' : 6 7 (') TQ D2s/-S- . . . i . .' , " .' . , , . , ' I . I' POR:1'ER w:tl~~~ E#~~~1'ES.INC. tV1 lY)~r- on \J-tv"l ~ ''-..9''- cb r- cy,t'{) VI 0 Cb ~C"b r- 1-. :1t-L/-fj-9 ~ ~ .. v-5 \ii ~ q, ~'-& " ~~~ \7 "'b :r ~ ?<J , en V):::t- .......... (D f 619 103 13 c..f INDICAT~ NORTH IY ARROW , ", (ft.MC) L{o LED 'dl 3S- DIAGRAM TURt\I' COU N T.s . I I I , 1 I-'JS \.J EST S I DE ""' w ~ < :z V . . . , IN~ECT1CN ,.' '. :,; 'POIOD ANa . : "'0';' ,fro LtJS T~ l7VS . . .' " ; I . ." . ," . .'1. t., . . ..". I INDICATe NCRTH IV ARROW ,_. ()Co<)Q-\'- ~r-~({ r\ - ~ Qr- ~ ~ <J Q\Y),...J ----- ~A"E) ". ,; I~TER!3ECTION '. 1 'PERIOD ~ ---- PORTER w.~~ e#~~~1'ES.INC. , 75' '1 y, 71 Cfo I-I ~. \7 1-'15 \,J EST SI DE .- . .- - - ...- - .. - Lf7 3S- D~ L(I 5. ::Jt-L/-rj-'1 q, AHa . . : ,...011' '. I ~ 0 0 . i ,I. . T~ DIAGRAM TURJ\I. COUN-r.s . l/JQ-~~ .....9 ~ M roC"'br"b- \.9 () ~ \Y) (\)~:t~ ; ~ w l: < % \..J '1'5DO . I I " Board of County Comm.__wncrs County Administrator Jan Winters Carol]. Elmcjuist, Chairman Karcn T. Marcus, Vicc Chair Carol A. Roberts Carole Phillips Ron Howard February 15, 1989 Department of L:nginecring and Public Works Ms. Christine Beditz DRI Coordinator Treasure Coast Regional Planning Council 3228 S.W. Martin Downs Blvd. Suite 205 - P.O. Box 1529 Palm City, FL 34990 SUBJECT: BOYNTON BEACH MALL DRI - SUBSTANTIAL DEVIATION SUFFICIENCY RESPONSE DATED JANUARY 1989 Dear Ms. Beditz: The Palm Beach County Traffic Division has reviewed the January 1989 Sufficiency Response for the Boynton Beach Mall DRI Substantial Deviation and would like to offer the following comments for your consideration: 1. The daily LOS capacity for a 6-lane divided road is still incorrectly shown as 48,400 instead of 46,400 (as shown on the table attached to an August 16, 1988 letter from Julia V. Iversen of your staff to Mr. Roy Chapman of Reynolds, Smith & Hills). This discrepancy does appear to make a difference in the results for roadway link B-5 (see comment below). 2. The capacity analysis for the intersection of Boynton Beach Blvd.jOld Boynton Road is not correct because the wrong geometries were used. No south approach to the intersection was identified, although it has been in existence for about a year. The correct geometries are as follows: NBD: 1 1 eft turn 1 ane 1 combined thrujright turn lane SBO: 1 1 eft turn 1 ane 1 combined thrujright turn lane ." WBO: 1 1 eft turn 1 ane RECEIVED 3 thru lanes 1 right turn lane EBO: 1 1 eft turn 1 ane FEB 21 1989 2 thru lanes PLANNING DEPT. 1 combined thrujright turn lane "An Equal Opportunity - Affirmative Action Employer" BOX 2429 WEST PALM BEACH, FLORIDA 33402-2429 (407) 684-4000 page 2 It is requested that the intersection capacity analysis be redone with the correct geometries and turning movement volumes. 3. The projected average annual 1989 total traffic on two roadway 1 inks (C3 and B5) was checked aga i nst the consultant's numbers as shown in Tables 31.5 and 31.13. In both cases, the total traffic volume which resulted was higher than the consultant's number and exceeded the Treasure Coast Regi onal Pl anni ng Council (TCRPe) standard of LOS "C" for average annual daily traffic (see below): MALL 1989 YEAR ROADWAY EXISTING ANNUAL APPROVED 1ST PHASE EXPANSION**** TOTAL LINK 1988 ADT GROWTH* MALL ADT** QUANTUM PARK*** ADT TRAFFIC * ** *** **** B5 C3 41202 25740 1707 1699 2027 2791 1100 3900 665 925 46701 35054 based upon Table 31.9, which showed an average growth rate of 4.6% for Boynton Beach Blvd.jlink B5 and 6.6% for Congress Ave.jlink C3. based upon the difference between the "Approved mall ADT" shown in Table 31.5 and the "Existing Mall ADT" shown in Table 31.1. based on the statement on P. 31.9 of the August 1988 Application that this traffic was separately included in the background volume. These numbers were derived from page IV-5 of the TCRPC DRI Assessment Report (dated September 1984) for the Boynton Beach Park of Commerce (AKA Quantum Park). as shown in Table 31.13 For link B5, the 46,701 total volume exceeds the consultant's number of 44,863 and is in excess of LOS "C" daily capacity of 46400 for 'a 6-lane divided roadway. For link C3, the 35,054 volume exceeds the consultant's number of 29703 and is in excess of the LOS "C" daily capacity of 30000 for a 4-1 ane divided roadway. 4. The diamond interchanqe critical movement analysis method should have been used to analyze the Boynton Beach Blvd.jI-95 interchange capacity. It is also noted that the turning movements used by the consultant are considerably different from those recorded by the County at this location (see attached). It is further noted that additional left and through 1 anes are recommended for the exi st i ng Boynton Beach Blvd.jI-95 diamond interchange. Since this will require ,. page 3 possible reconstruction of the bridge structure, the County Traffic Division would like to know more precisely the extent (i.e. distance, beginning and end points) of these additional lanes. Given the probable cost of these recommended improvements, it may be worthwhile reconsidering the alternative of the NW 22nd Ave./I-95 interchange. Construction of this new interchange was included in the fifth year of the proposed FDOT 5-Year Road Program that was presented to the Palm Beach County MPO in January 1989. It is conceivable that some cost sharing arrangement coul d be worked out among the app 1 i cant, FOOT, and the Quantum Park of Commerce (which is already committed to pay between $900,000 and $1,800,000 plus a portion of the right-of-way for the interchange). It should also be noted that an opportunity exists for a similar cost sharing arrangement for the Congress Avenue section between Boynton Beach Blvd. and NW 22nd Ave. The owner (Oriole Homes) of the Boynton West PUD is subject to a condition to commence construction of Congress Avenue to a 6-lane divided cross section prior to the issuance of 510 multi-family (or equivalent single family) building permits or June 1, 1990, whichever first occurs. With the correction of some minor details in the traffic analysis, the Boynton Beach Mall Substantial Deviation Application will be sufficient in our opinion. Your transmittal of this report for our review is appreciated, as always. Please do not hesitate to contact me if you have any questions concerning our comments. Sincerely, UNTY ENGINEER~ a . Ennis, P.L, AICP Development Review Engineer AAE: te attachment cc: Randy Whitfield, P.E., Director, Palm Beach County MPO Carmen Annunziato, AICP, Planning Director, City of Boynton Beach file: SID - Boynton Beach Mall DRI aae\boyn treQlure co~t regional planniQg council January 27, 1989 ( , I ; , ~. Carmen Annunziato Planhing Department l City(of Boynton Beach } 211 S:. Federal Highway \-" P. o. Box 310 Boynton Beach, FL 33425-0310 subject: Boynton Beach Mall Development of Regional Impact Substantial Deviation Dear Carmen: Council staff received the sufficiency response for the Boynton Beach Mall Development of Regional Impact Substantial Deviation Application for Development Approval on January 23, 1989. You should have received a copy of the sufficiency response directly from the applicant also. If you have not yet received it, please contact me immediately. Council now must review the sufficiency response for informational sufficiency within 30 days from date of receipt. We would like your comments on sufficiency as well as any other comments you may have that you wish Council staff to consider during the review of this sufficiency response. Please submit your informational sufficiency questions and/or any other comments to me in writing so that they are received on or before Friday, February 10, 1989. We look forward to your input, and if you have any questions, please do not hesitate to contact me. Sincerely, ( ~&~ L. Christine ~~~z ~ DRI Coordinator R,l{rliJnTED ~.. '---.i&....1~~1L 'V, LCB: 19 JAN 311989 ~Y\:,'\i.:").)'\'r' 'D' '.1i:'p' t' t"~1~1 \ <: \i J'; .~":'i C. . - ---~~_.~ 3228 s.w. martin downs blvd. suite 205 . p.o. box 1529 palm city, florlda 34990 phone (407) 286-3313 -) , ~ "- METROPOLITAN PLANNING ORGANIZATIOI\I OF PALM BEACH COUNTY 160 Australian Avenue, Suite 301, West J'illl1l Br!ilcl1, Florida 331\OG lei (305) Gi111 ,1170 January'26, 1989 I Mr. Terry L. Hess Planning Coordinator Treasure Coast Regional Planning Council P. O. Box 1529 Palm City, Florida 34990 Subject: City of Boynton Beach Local Government Plan Amendments Dear Terry: The staff of the Metropolitan Planning Organization (MPO) has reviewed the proposed land use changes submitted by the City of Boynton Beach and finds each to be consistent with adopted agency goals, objectives and policies. Sinceqely yours, --I?~ ~ Cantrell Senior Pl'anner TPC:er cc: A. Ennis R. Manning C. Annunziato----- llliCEIVED ,-EB 2JSB9 Pl./1f'.~ ,",J j r-J G DEPT~ -,... ~ P,Q. Box 2429, West Palm Beach, Florida 33407 24/~1 ~ " 1 :t- t.... ",'f '.1; f1, f~'/ ~~ I'~. . .,:. \~:'" F ~':'; " "", 5 il~; , treevure COOlt '~g{f"'I regional -planniQ9 council December 22, 1988 CERTIFIED MAIL RETURN RECEIPT REQUESTED Mr. Thomas A. Marsicano Associate Vice President Greiner, Inc. P. o. Box 31646 5601 Mariner street Tampa, FL 33630-3416 Subject: Boynton Beach Mall Development of Regional Impact Substantial Deviation Dear Mr. Marsicano: The Application for Development Approval (ADA) for the Boynton Beach Mall Development of Regional Impact (DRI) Substantial Deviation has been reviewed by Council staff for informational sufficiency. The ADA and supplemental information contain insufficient information for the Council to perform the regional impact assessment required under Section 380.06(12), Florida Statutes. The attached report indicates the information which is being requested in order to complete the application. Section 380.06(10) (b), Florida Statutes, requires that within five working days of receipt of the sufficiency statement you must notify the Council and the City of Boynton Beach as to whether or not the requested information will be supplied. If you do intend to provide the information requested, you must do so within 120 days or the application will be considered withdrawn. This 120-day time limit may be extended if agreed to by both the applicant and Council staff. When we determine that the appl ication and supplemental information are sufficient or we receive notice that no additional information will be provided, we will notify the City of Boynton Beach that the public hearing date may be set. Upon receiving notice from the City that the hearing date has been set, we will begin our 50-day review period. Staff will be happy to discuss any issues or questions raised by this letter with you. If you have any questions regarding this RECEIVED 3228 s.w. martin downs blvd, suite 205 . p.o. box 1529 palm city, florid a 34990 phone (407) 286.3313 OEC 28 1988 Jim minix ~ thomas g. kenny, III chal,mapL.ANNING DEPT. vice chairman danlel m. cary john acor secretaryltreasu,er '----j-NBCUtlV8 director Mr. Thomas A. Marsicano Greiner, Inc. December 22, 1988 Page Two request, please do not hesitate to contact me or Chris Bedi tz, Council's DRI Coordinator. Sincerely, Daniel M.~- Cary li'vo(""11;-iuo T"\i,.-o("";-/"'I"- ... J!- ~ DETERMINATION OF INFORMATIONAL SUFFICIENCY FOR BOYNTON BEACH MALL DEVELOPMENT OF REGIONAL IMPACT APPLICATION FOR DEVELOPMENT APPROVAL Prepared by Treasure Coast Regional Planning Council staff December 22, 1988 I. Boynton Beach Mall Development of Regional Impact Substantial Deviation Application for Development Approval (ADA) and supplemental information contain insufficient information for the Treasure Coast Regional Planning Council to discharge its responsibilities under Subsection 380.06(12), Florida Statutes. II. The information listed below is requested. Question 13, AIR 1. Please respond to Question 13 (AIR) as provided in the ADA at the preapplication meeting. Transportation analysis parameters have been determined to be sufficient for the air quality analysis. III. Comments are enclosed for the Palm Beach County Office of the County Engineer for your consideration. Comments are also enclosed for your information from the Palm Beach County Department of Environmental Resources Management. The comments from the Department of Environmental Resources Management do not appear to be questions of technical sufficiency but should be taken into consideration by the applicant. IV. Please provide all information requested in II (and III as appropriate) above on revised or new pages for the ADA. All revised or new pages should show the revision date. Provide a cover letter indicating where responses to each question within the text are provided and indicating the nature of the response. Attachments . . . ~ ~ >.:: ~; '~r-: i ''':' . (~ h a : r r ,- ':~ :. "'H~l'l'~:'" \'J."--',: l';:;'~lr County Administral J.:;.r. \\'inter~ oJV.U U VI '--UUi1l.' '--Vlilllll~~IUIH:r::' December 19, 1988 , . .- ~)r'~)Jrtr;:t_'~:: .)[ Ln~tnec:- ,': [' I r I).Cj c< ie', \. ') r:-.:.:, '. : "\ _ ' t:. ~ ... ',' l i ,! . . . . ~ '"\ .... P",-!.~ -- ~ --- --. - - --:' Ms. Christine Beditz DRI Coordinator Treasure Coast Regional Planning Council 3228 S.W. Martin Downs Blvd. Suite 205 - P.O. Box 1529 Palm City, FL 34990 SUBJECT: BOYNTON BEACH MALL DRI - SUBSTANTIAL DEVIATION - SUFFICIENCY RESPONSE DATED 11/22/88 I I , ' I ..~ . - - - Dear Ms. Beditz: The Palm Beach County Traffic Division has reviewed the Sufficiency Response to the questions that were raised in its September 12, 1988 letter and does not believe this response to be adequate. The following comments are submitted to you regarding the Sufficiency Response (referenced by the number in the County's September 12, 1988 letter when appropriate): 1. Daily LOS IC' capacities in revised Tables 31.1 and 31.5 for 6-lane divided roads are incorrectly shown as 48400 instead of 46400. 2. (Comment #5 in 9/12/88 letter.) Old Boynton Road between Congress Avenue and Boynton Beach Boulevard is identified as a County Urban Collector by the Florida Department of Transportation in its July 6, 1988, highway functional classification for Palm Beach County. It serves an important role for traffic accessing the Mall from 1-95. The intersection of Old Boynton Road and Boynton Beach Blvd. should also be analyzed. 3. (Comment #6 in 9/12/88 1 etter.) It is apparent that there is alack of understandi ng on the part of the consultant regarding roadway link B-5. (Boynton Beach Boulevard between Old Boynton Road and 1-95.) This roadway link receives significant traffic from the following sources: a. Boynton Beach Boulevard from the east and west. b. 01 d Boynton Road from the west (6782 ADT for 1988 year). c. S.W. 7th Street from the residential neighborhoods (including Leisureville) d. Industrial Avenue from the Boynton Industrial Park to the north. ., '\n Equal ()pportunin' - ,\iTirmiiti\t> \c:tioll (~mplo\~r" BOX 2429 WEST PAL\\ BEACH. FLORIDA 33-t-02-2429 (40i) 68-t--,WOO . page 2 e. N.W. 7th Street from the residential neighborhoods to the north. As a result, the volume on link B5 is about 10000 ADT higher than link B4 or B6. According to the attached approach volume count taken at the Boynton Beach Boulevard/Industrial Avenue intersection on 9/19/88, AM peak hour traffic is 3414 on Boynton Beach Boulevard (or about 8.2% of ADT) and PM peak hour traffic is 3557 on Boynton Beach Boulevard (or about 8.6% of ADT). These numbers are considerably higher than the 2386 peak hour volume (or 5.9% of ADT) recorded by Greiner, Inc. As a result of the consultant's use of an unrealistically low exi st i ng peak hour vol ume, the projected average annual peak hour volume for the 1989 year is well under capacity even though the average annual 1989 ADT approaches LOS IC' capacity. 4. (Comment #8 in 9/12/88 letter.) Treasure Coast Regional Planning Council (TCRPC) Policy No. 19.2.1.8 requires that background traffic growth include full buildout of approved developments within the project study area as well as a yearly growth factor to account for impacts of development outs i de the study area and on vacant parcels within the study area. The correct 1988 year ADT counts (not the 1987-88 year AOTs) should be used as a starting point, with approved development traffic and historic growth traffic (to account for other sources of traffi c increase not associ ated wi th approved development) added on top of these numbers. It can not be stated that the "actual growth rate used on our studied roadways is actually too high" in light of TeRPe policy. The Florida Department of Transportation (FOOT) historic AADT counts shown in the table on p. 6 of the Sufficiency Response do not correspond to FOOT and eo u n t y i n form a t ion 0 n file for at 1 e a s ton e 0 f the s e locations, as follows: % Growth Location 1985 1986 1987 1988 Per Year Boynton Beach 25879-0 24807-0 27021 30854 +3.2% Blvd. (east of (29395-0) Congress Ave.) o - indicates off-peak season count only 5. (Comment #9 and #3 in 9/12/88 letter.) Attached are copies of Exhibits 9, ("Travel Times"), 11 ("Patron Distribution"), and 12 C'Directions of Patron Approach") page 3 from the original Site Traffic Analysis for Boynton Beach Mall done by Greiner, Inc. in July 1978. Also attached is a copy of Table 31-A.1 C'Summaryof Population by Regional Center") from the Regional Center DRI report prepared by Kimley-Horn and Associates in February 1982. These materials all suggest a more distant dispersion of traffic from the Boynton Beach Mall, which could mean more roadway links with significant project traffic and a larger study area. Even allowing for the change in population patterns over the past ten years, it is st i 11 reasonabl e to expect much more traffic coming to Boynton Beach Mall from distant locations via 1-95 and other roads. The use of the gravity model is' flawed if consideration is not given to the fact that a regional mall trip is not a normal shopping trip in that it has a longer average trip length. Information on actual directions of approach and departure of existing project traffic at each of the mall access points does not indicate how quickly this traffic is dispersed over the roadway network and thus is not relevant in response to th is question. Incidentally, Worth Avenue can not be considered a "competitive center which directly influences the trade area of this mall" because of the fact that it is exclusively devoted to much higher priced goods. 6. It is noted that revised Table 31.7 shows an alternate level of service for the BoyntonjI-95 interchange if the 22nd Ave.jI-95 interchange is in place. Since the construction of the 22nd Ave.jI-95 interchange does not meet the TCRPe defi nit i on of "commi tted project" and does not even appear in the FY 89-93 TIP adopted by the Palm Beach County MPO, it is recommended that approval of the Boynton Beach Mall Substantial Deviation be conditioned upon this new interchange project unless the applicant is willing to make necessary changes at the existing BoyntonjI-95 interchange. page 4 We appreciate the opportunity to review this sufficiency response. Please let me know if you have any questions concerning our comments. Sincerely, Office of the County Engineer ,r- / / -~--_./ ~ Allan A. Ennis, P.E., AICP Development Review Engineer AAE : t e cc: Randy Whitfield, P.E., Director, Palm Beach County MPO Carmen Annunziato, AICP, Planning Director, City of Boynton Beach file: SID - DeBartolo Mall I '. .. . - , . .:-: - ., .. ..... :' j ._.....~ ...... ._._ ,L.... ,,~ -'!- r .-.... ---.... - ... ... -... .- .. ~, : : .--!:--~J w '~E~T ,~~E~. ~,"~ ':1 .""'-----'-=.-.~.'-, .~::.. I , ~, .::..- ' i., ,,', -.." ~.'.. '. L--;-~~'" _.-~ 1 I J ] I ] 1 J J .... ~ 1 ... ...~... ~. ,-. ..;.. . . . .. . .... . - -+ ~..;,-- ~ +-' ~ ... --r , . ... 0- -=- ..... .. ~ + , - ....-......- -- . ... ... .. ~ --: ,~. . ....' ~ .::.,... .. .......:t!J-... .. . .. ;.-.. ...:--;. .. .. + --: .. _ ~...... ..y r ..... _....... _ - _....IL -"'~ ... ~. ... ..... - ~ ..... . .. ' . : , Co.NSERVATlON ... . . 'AREA I --- ..... ..c,...-", .., ...... .... ~ . 4- .." ..... ... .,4- - .. .... ..-..... ...ol...6o ~ ._-i:r- ...;.. .. ... ~---4-.. + ...- ..... '. ~ _JO , .. . . -a-. --....... ", .... ... - 4- _'''' . . -: .. .....:.-.. . --, .... .. .... ... ..~ -!- ..' - - -:- ... 'h ... ~ .. , -- . -"- ........ ~ - ... -.. ~ "-.. - .. .. ...... ... ~ . , . .... . ] ...-.:!'- .. .. -.. .....~ ... + -;,- .-w- _ - 8AOWARO CO o , ~ . ] SCALE IN MILES c=J [?'~::"2 II 32% ( lO~;)) 1 1 .L -- .. 'J>. ~-... +.. ...... + - .. - -... .. ~ 4. .....:!:...... .. ..... .... ... ... ," -... . - . -.. ~ .. . ....... -.. ... . '. ... ~ - .' - ..... ... - +.. .-- ... ... ..:.... -4- + -;.+ -;. ~ ... ---- .~ ... - .. ~... ~ . "..... -L"'" I..... ...0...- ..:...4 . ~,...___ ~ .... .. .. .- ~.. ... . - ....4:,;... .... ... ... ... . -- <- <'+f' .., .... I;,.., ' '.'~ 1- ~ ".......' .> ... .. .:~. I~..~p~~l ICAT~H!"0~ , .A~~ -.:..:L t ....... . ~ - L~~'~" . ,~'~ j L:... ,-~ .1 (( I %) J f (30~ _VI <l: c . 0 1 .. z ~ 0 .. u c 4 ~ 1 1 "E5T - Oll_. \ ~~'~~JiE" -." J ~ 27% \ (29 %.) I -:L.OI, -I/'} r., , I 16 (14 ~) ., :: _J ~~ ~~~-:;. -<:- . + .- - - . ,.~~ ,'" ~ .... . -. ......;,:... . LEGEND PRIMARY TRADE AREA MARKET AREA BOUr-JOARIES MAIlKET SUB - AnEA PERCENT OF PATRONS 1981 PERCENT '')F PATR0N~) 1086 < l2 "= c:: FO_UT MILL ~ 'LYO LA.I WOJfTH ~ ~ L.IIT.... r _0. w ~ a. z ::> ~ ....... h ~ ~ ........ h ....... <:.:: ~ BOYNTON UL\CII MALL P:\L~1 UEAClI COUNTY, FLORI P A lROH DISTl~mlJTlOII EDWARD J. DeBARTOLO CORPORAT L \ 1111: II I ~.. ~ --!- r ,- ~-........... ... . "{~ : : .4- ~J w 'RBE:..r .~REA.-4-'" .:- i '",-<:.-- ~-' ~ ""'- ~--j '-'-''\.-'" -. ~ ,. . L-;-~___"". ~.-_ </+f' +..)- I~,' '. .~ l~':-:~ . -, ....;;.-'..1 I."wp s:. I' CATCH~0" . .A~~ .~:L, t .+ .,~. - , :J L' -4-.... .~ ':"'J '" --.- ... . -. .. ,.' ' L:.. :"---.:!:.I J j j j J j j j ] 1 1 ..J 1 ] 1 ... .:. ] ~ -~ ....... ~ ~ "" ~ c... 'O"UT ~IL .LV( \. ,c::: ./ ~ . -. -!:- ...:- . . ..... .. .. + .. ..-"=:Ii- ~ ~... -.. .:.. .. ...... ;;---l!- \... ....... h ... ;0,-......... ... ~ +- .... .- ~ ..... -: ... + 40 - _ -- ... ~. ..... - .- ... .. --.& .....:...... + ~ -_ 40-.'" _~-~ ... .. ... -... .. ........ c::::: ~ .. . .. . .... . ...s..' .- +. .... ~ - ~ ....a......... ........_...... ... ... ..... ... _ _.......... ... ... 4. . . . ,CONSERVATION -. .. - + ." ...-- ... .- -'r ~ _tJl \ <( Cl ~ ,. '6 . .. -I ... ~ -' '" O( L'" ........ h ~ -- ... -AREA I ---- - . 4- .. -4- + - -- ..-,...... -.....4;.. . -- .-~ ... * ..... . .,. -!:i-" ... ... .. .. ... . -!r-~";"-!-'" .~ . - ... . . .. -... -..- .. ... ... .. ...... ~ . . + ... ), ....- ..... --- ," - .~ ..... - ~..L-... .(,T JlI ..;.. " :: "'--'0 -. , .. . ~ " ..... ..,.. ~ .oJ;- ..........~ ~. ...-Q. ~ . ....... . . C$- ....;...... - ..:.. . -" .' . ... -4:;.. . . .... . +- .--...-*- .. . - - +- ;. ~ -~..-~ . ... .... .... ... ... ........ + ... ... .-... ....lo... ... -!-- .:- ~ -. ... - ... .. .... . .... -\ 20 " ~L'" O(S J .4-. ~ ... ... ........ -- BAOWARO co --- o ~ , ] SCALE IN MILES LEGEND TRAVEL TIME IN MINUTES - 5- SIT E LOCATION [J UOYNTON BEACH \1:\ LL PAL\113EACH COUNTY, FLORH ] rr~AV[l TIi.1ES ) EDW ARD J. DeBARTOLO CORPORA Tl 1\1111:1 - ...... ]. }) ] ] 11 11 J ] ),',..,', .. " ] 1 l ] 1 ~ J l ] a cr -I ::! J: cr w > <l J: 1 '1: ~~ cr 2 In 3 - 21 ~ 26\ 21~ 2 Eft ~- ~- cr r]l o OJ.. w u z 29 ~ 29 ~ __ __ _ <l OLD BOYNTON -I NEW BOYNTON - 13 19 $, W 15TH S. W 23RD o 1/2 , SCALE IN WILES >- cr <l t: ...J ~ LEGEND 0- 0/01981 o - 0/01986 RD \\ \ l )) Jr ~ I \ RD, II ~ I I( i i ) $ \ " HYPOLUXO 10 91 ci (/) 10 ::i ::J RD" 9 CD '~ 31 28RD N. W 2ND AVE, --A ' t~ ~4 4 ~ ~ V1 W /'- cr 0 .., /23 u CD O'l 21 <l cr . w - V1 V1 AVE. MINER w ~ N W. 22ND ! 5 5 ~ r /23 /21 ~ " 3 <l 0: BOYNTON BEACH ~IALL PALM UEAClI COUNTY, FLOr DIRECTlO~S OF PATRO~ APPROACH ST EDWARD J, DeBARTOLO CORPOR) EXIIIB :--.- 4 TH I _...J . .. .. T,u..BLE 31-l-..1 Feb,ruary 1982 SUr--ll'-lARY or- POPULATIon BY REGIONAL CENTER .. - ~ Reoional Retail Center .. Bankers' Regional Center .. Palm Beach Hall . Boynton Hall Boca TOi-Jn Center ~ Service Population 296,000 320,000 317,000 310,000 Percent or Population Within 20-Minute Travel Time 60% 60% 70% 679s 31-3 o ,f~ ~ ~ P~~LM 8EACH COUNTY 24-HR RPPROACH VOLUME COUNT ~.******.******************~** LOCATION: BOYNTON 8CH 8LVD-W INDUSTRIAL DR NUl'1ljE f~ OF ~=1PP HOI21CHES: ..:, RM PEAI< HOUR IS 7:30-8:30 AM PE~H.; VCJLUtrlE = 3503 Ply! PEl-if'; H lJ U I~ IS '+ : it 5 - 5 : '.5 PM PEAK VOLUIYIE = 375 ,,~ DATE: '3-13-88 COUNTERS NAME: JOHN ZAGER WEATHER CONDITION: CLEAR TIME NORTH SOUTH TOTAL EAST WEST TOTAL GRANDTOTAL --~----- ----,-- ----- ----- -------- -. - - -- - - -- - - --- 1 : 0(1(,)1"1 '7 0 -; 188 1'+3 ...=,,~ 1. 3313 2 : 00~~1>1 1 0 1 71 c: t..:..- 125 127 o-Jo-J 3 : 001=11>1 7 0 7 ...;j~ 't,::: 75 S'C::' L_ L~ : 00 r-1lvl (l (> 0 28 ...J ~.J (; 1 C1 5 : OI)~=1rvl "7 0 7 53 I~ 5 llY::! 1 15 E. : 00AI>1 50 0 50 101 1E.1 252 312 7:00AM 2':) 0 23 731 71 't 1 '+ L~ 5 1474 8: O(>RI"1 1 ~~5 0 135 12'+ 1 1 '3 I~ 7 311313 '-""-;0':::,-:- \-J,.JI... ..J 'J: OO~)M 221J 0 2,:: 1 1315 1533 285~:J 31)15 1 (l : (lO~~I'1 155 0 lC<=' 1241 1 121 23S~:~ 2~5 1 "7 o-J...J 1 1 : 00Atr1 200 '( 0 200 1 174 1 103 2277 ,:: L~ 7 7 12:0(1f:)M 177" (I 177 1240 1 10'3 ;,:: 3 I~ '3 2525 1 :OOPM 21/~ J l) 214 1 L~;:: '9 1251 2580 2 8 3 ,~ 2:00PM 20-;J 0 207 1310 1245 '-,c::"'c:-t= 2752 C...J~...J 3: O()PM 152 I) 1 6~:: 1 'I 56 1255 27 ~: ~~ 28f.34 4:00PM 1 '3'~'.j I) l'J2 lE,13 13/":3 ;:.:'J'JO 31 ':JI) 1_- I 5: OOPlvl ~~~~~j l) 255 1 Ll.3 C 1435 3271 3535 G:OOPM 0 15L~ 2210 128'.] :34'33 3553 7 :OOPM 1 17 0 1 17 1 "155 1056 25;:: 1 2f,38 8:00PM 82 (I 82 1 13(1 313 2()1.~~3 L::: 1 ;:~ ~j ']: OI)PM 33 (I 33 737 5S2 1'+ 5 '9 1438 10: O(JPI>1 -:.:. 0 32 5Ce' 5'-'C:' 1280 1312 ........... o-J o-J ...:....J 1 1 : OOPI>1 1 ':3 0 13 353 313 E7E, S'J5 1;:~ : (1(IPI"1 E, l.l 5 23'3 1'3=~ 4""-::' 'f38 _J'- ------- ----- ----- ----- ----- ----------- rOTAL 2488 0 2'+88 21336 1 r95'~O 41575 Lf'tOG". Ci~ ----- € A 1'1 PHF . 55 () . 83 .83 r~' 1'1 !='HF . 71 0 . 31 ~ .37 / .3c: , // 49 \:~ PAU' ~ACH co. TUR~-J I ~,jG l'lO\)EI"lENT C [I UI.H S . R . 8 (I 4/l,J . I I',JD Al)E COUNTERS r--JAI'lE: TOt., KELLEY COU~,nER ~,jO . '7'074 COUNT DAY: FRIDAY COLNT DATE: 9-23-88 PEe SOUTH APP I'.JORTH APP VJEST APP EAST APP END LT THRU RT LT THRU RT LT THRU RT LT THRU RT TOTAL ----- 7: 1 5 (I (I 0 [I 0 I) (I (I 0 [I I) 0 0 7:30 0 0 0 0 0 0 0 [I 0 0 (I 0 0 7:45 0 0 0 15 0 20 1 1 703 0 0 357 42 1 148 8:00 0 0 0 1 7 0 13 '":IC 581 0 0 355 40 1031 .....J 8: 15 0 0 0 27 0 26 24 4'7'0 0 0 -,-"") ~,c 874 ~/J... ~,_I 8:30 0 0 0 21 0 1 ,::> 1 7 4~'O 0 0 346 24 854 '-' .t:. '-' 8:45 0 0 0 0 0 0 0 0 0 0 0 0 0 9:00 0 0 0 0 0 0 0 0 0 (I 0 0 0 9: 15 0 0 0 0 (I 0 I) 0 (I (I [I (I (I 9:30 0 0 0 0 0 0 (I 0 (I 0 0 0 0 sr' : 45 0 0 0 0 0 0 0 0 0 (I 0 (I 0 10 : 00 0 0 0 0 0 0 0 0 0 0 (I 0 0 10 : 1 5 0 0 0 0 0 (I (I (I 0 0 [I [I 0 10:30 0 0 0 0 0 0 0 0 0 0 [I 0 0 10:45 0 (I 0 0 0 0 0 0 (I 0 (I 0 0 1 1 : 00 0 0 0 0 0 0 0 [I 0 0 0 [I 0 11 : 15 (I 0 0 0 0 I) I) (I (I 0 (I (I [I 11 : 30 0 0 0 0 0 0 0 (I 0 0 0 0 0 1 1 :45 0 0 0 0 0 0 (I 0 (I (I (I 0 0 12:00 0 0 0 0 0 0 0 0 (I 0 0 0 0 12: 15 0 0 0 (I 0 I) 0 (I (I (I 0 0 0 12:30 0 0 0 0 0 0 0 0 0 0 0 0 0 12:45 0 (I 0 0 0 (t 0 0 0 0 0 0 0 13:00 0 0 0 0 0 0 0 0 0 0 0 0 0 1::::15 0 0 0 0 0 (I (I (I (I 0 0 0 0 13:30 0 0 0 0 0 0 0 0 0 0 0 0 0 13:45 0 0 0 0 0 0 0 (I 0 0 (I (I 0 14:00 0 0 0 0 0 0 0 I] 0 0 (I 0 0 14: 15 (I 0 0 0 (I 0 0 0 0 (I 0 (I 0 14: 30 0 0 0 0 0 0 0 0 0 0 0 0 (I 14:45 0 0 0 0 0 0 0 0 0 (I 0 0 (I 15:00 0 0 0 0 [I 0 (I 0 0 0 0 0 0 15: 1 5 0 (I 0 0 (I 0 0 0 0 0 0 (I 0 15:30 0 0 0 (I 0 0 0 0 0 0 0 0 0 15:45 0 0 0 0 0 0 0 (I (I 0 0 (I 0 16:00 0 (I 0 0 0 0 0 0 0 0 0 0 0 16: 15 0 0 0 0 (I 0 0 0 0 0 0 0 0 1,~: 30 0 0 0 0 0 0 0 0 0 0 0 0 0 16:45 0 0 0 0 0 0 0 0 0 0 0 (I 0 1 7: (I (I 0 (I 0 0 0 0 0 0 0 0 (I 0 0 17: 15 0 (I (I 0 0 0 0 0 0 0 (I 0 (I 17:30 (I 0 (I 0 0 0 0 (I 0 0 0 0 0 17:45 0 (I 0 0 (I 0 0 (I (I (I (I 0 (I 18:00 0 0 (I 0 (I (I 0 0 (I 0 (I 0 0 ----- TDTAL (I 0 0 80 [I 77 77 2202 0 0 1 :330 141 3 '7' 0 7 Comm 0 I~ 1.~ ;2 I F~u/-o~ - --~ ---- - ------- -------~_.._--~._...__._._--_._--_.._.----._-_._.~,------~--_._-- / €J <~ ./ /" PAU '=:ACH co. / ..- TUR~~ I ~,JG '.1 Q'v' a'l Ef~T cour,n ./ 1 S . R . 804/'\....1 . I ND Al)E 1 COUNTERS ~,JAf'lE : Tm'l KELLEY COUfHER t,IO. '7'074 1 COUNT DAY: FRIDAY COUr'JT DATE: 9-23-88 i i PE. SOUTH APP I'KiRTH APP L,JEST APP EAST APP END LT THRU RT LT THRU RT LT THRU RT LT THRU RT TOTAL ----- 7: 1 5 0 0 (I 0 0 0 0 (I 0 (I 0 0 0 7:30 0 0 0 0 0 0 0 0 0 0 0 0 0 7:45 0 0 0 15 0 20 1 1 703 0 (I 357 42 1 148 8:00 0 0 0 1 7 0 1 3 ~c: 581 0 0 355 40 103 1 ':'...J 8: 15 0 0 0 27 0 26 24 4'7'0 0 0 ':' '7 '") ~,c: 874 .J-( ~ ..:. ,-' 8:30 0 0 0 21 0 18 1 7 428 0 0 346 24 854 8:45 0 0 0 0 0 0 I) 0 0 0 0 0 0 9:00 0 0 0 0 0 0 0 0 0 (I 0 (I 0 9: 15 0 0 0 0 0 0 (I 0 (I 0 0 (I 0 9:30 (I (I 0 0 0 0 (I I} I} 0 0 0 0 '7' : 45 0 (I 0 0 0 0 0 0 0 (I 0 (I 0 10 : 00 0 0 0 0 0 0 0 0 0 0 (I 0 0 10 : 1 5 0 0 0 0 0 (I 0 0 0 0 0 0 0 10:30 0 0 0 0 0 0 0 0 0 0 (I 0 0 10 : 45 0 (I 0 0 0 0 0 0 0 0 (I (I 0 11 : 00 0 0 0 0 0 0 0 (I 0 0 0 (I 0 1 1 : 1 5 0 (I 0 0 0 (I (I I) (I (I 0 (I 0 1 1 : 30 0 0 0 0 0 0 0 (I 0 0 0 0 0 1 1 : 45 0 0 0 0 (I 0 (I (I 0 (I (I 0 0 12:00 0 0 0 0 0 0 0 0 0 0 0 0 0 12: 15 0 (I 0 (I (I I] (I 0 (I 0 (I 0 0 12:30 0 0 0 0 0 0 0 (I 0 0 0 0 0 12:45 0 0 (I 0 0 (I 0 0 0 0 (I 0 0 13:00 0 0 0 0 0 0 0 0 0 0 0 0 0 13: 15 0 (I 0 0 0 (I (I 0 (I 0 0 0 0 13:30 0 0 0 0 0 0 0 0 0 0 0 0 0 13:45 0 0 0 0 0 0 0 I) 0 0 (I (I (I 14: 0 (I 0 0 (I 0 0 (I (I 0 0 0 (I 0 0 14: 1 5 0 (I 0 0 0 0 0 (I (I 0 0 0 0 14: 30 0 0 0 0 0 0 0 0 0 0 0 0 (I 14:45 0 0 0 0 0 0 0 0 0 0 (I (I 0 15:00 0 0 0 0 (I 0 0 0 0 0 0 0 0 15: 15 0 (I 0 (I (I (I 0 0 0 0 0 0 0 15:30 0 0 0 0 0 0 0 0 0 0 0 0 0 15:45 0 0 0 0 0 (I 0 (I (I 0 0 0 [I 16:00 0 0 0 (I (I 0 0 0 (I 0 0 0 0 16: 15 0 (I 0 0 (I 0 0 0 0 0 (I 0 0 1 ,:5 : 3 0 0 0 0 0 0 0 0 0 0 0 0 0 0 16:45 0 0 0 0 0 0 0 0 0 0 0 (I 0 17:00 0 0 0 0 0 0 0 (I 0 0 (I 0 0 17: 15 (I (I 0 (I 0 0 0 0 0 0 (I 0 0 17:30 0 0 0 0 (I (I 0 0 0 0 I) 0 0 17:45 0 0 [I 0 (I 0 [I [I 0 (I (I 0 (I 18:00 0 0 0 0 0 0 0 0 0 0 0 I) 0 ----- TOTAL 0 0 0 80 0 77 77 2202 0 0 1330 141 3907 COMm 0 J~ ~~ :L I F~~-l-o~ -.------ - - ----- ----- ------------------ ---,-_._.._-~-.--~_.__._.~.,.__._-~ /J j~ .-/ i , L.'I. ./ PALl'''l ~CH TURt',j I t'JG ~'1 0\) E1'1 E1~T C [I urn :=. . R . 80 4/I.'J . r t'lD (,.IAY COUNTERS ~,JH1'1 E : TO!"l KELLEY COUt,HER ~'J (I . 9074 cout'lT DAY: THUF~SDA,( COLNT DATE: 9-22-88 PEe SOUTH APP t'WRTH APP f,IEST APP EAST APF' ElJD LT THF:U F:T LT THRU RT LT THRU RT LT THRU F:T TOTAL ----- 7: 15 0 0 0 0 0 0 0 0 (I 0 0 0 [I 7: :=:0 0 0 0 0 0 0 0 0 [I 0 0 0 0 7:45 0 0 (I (I [I [I [I 0 0 0 (I (I (I 8:00 0 0 [I 0 0 [I 0 (I 0 0 0 0 0 8: 15 0 0 0 0 0 [I (I I) 0 0 0 0 0 8:30 0 0 0 [I 0 0 0 0 0 0 0 0 0 8:45 0 0 0 0 I) 0 (I 0 0 I) 0 0 0 '7' : 00 (I (I 0 0 0 0 0 0 0 (I 0 0 0 ':T' : 15 0 (I 0 (I 0 0 0 0 0 0 0 0 (I '7': 30 0 0 0 0 0 (I 0 0 0 0 0 0 0 9:-'+5 0 0 I) 0 (I (I (I 0 0 0 0 0 0 10 : 00 0 0 0 (I 0 0 [I (I 0 0 [I [I [I 10 : 15 0 0 0 0 [I 0 (I 0 0 0 0 [I [I 10 : 30 0 0 0 0 0 [I (I 0 0 0 (I 0 0 10:45 0 0 0 0 0 0 0 0 0 0 0 0 (I 1 1 :00 0 0 0 0 0 [I 0 0 0 0 (I [I 0 1 1 : 15 0 0 0 0 0 0 0 0 [I 0 0 0 0 1 1 :30 0 0 0 0 0 0 0 (I 0 0 0 0 0 1 1 :45 (I 0 0 [I [I 0 0 0 0 0 0 (I [I 12:00 0 0 0 0 0 0 (I [I 0 (I [I [I [I 12: 15 0 0 0 0 (I (I 0 (I [I 0 0 0 [I 12:30 0 0 0 I) 0 0 0 0 0 0 0 0 0 12:45 0 0 0 0 0 0 0 0 0 0 [I [I 0 13: 00 0 (I 0 0 0 0 0 0 0 [I (I [I I) 13: 15 0 0 0 0 0 0 0 (I (I 0 0 0 0 1~: : 30 0 0 0 0 0 0 0 (I 0 0 [I 0 0 13:45 0 0 [I [I 0 (I 0 0 0 [I 0 (I 0 14:00 [I 0 0 0 0 0 0 0 0 0 (I I) 0 14: 15 0 0 0 [I (I 0 0 0 0 0 (I 0 0 14:30 0 0 0 0 0 0 0 0 0 0 0 0 0 14:45 [I 0 0 [I 0 (I (I 0 0 [I 0 0 0 15:00 0 0 0 0 0 0 [I 0 [I (I (I (I 0 15: 15 0 0 0 0 0 0 0 0 0 0 (I 0 0 15:30 0 0 0 0 0 0 0 0 0 0 0 0 0 15:45 0 0 (I [I [I 0 0 (I [I 0 0 0 0 106:00 0 0 0 0 0 0 0 0 0 0 0 0 0 u:': 15 0 0 0 0 0 0 0 0 I] 0 0 0 0 1 .s :3 0 0 0 0 0 0 [I 0 0 0 0 0 0 0 1.S: 45 0 0 0 0 0 0 (I 0 0 0 (I 0 0 17:00 0 0 0 44 0 25 1 .-:. 395 0 0 49:3 24 9'7'9 17: 1 5 0 0 [I 2'7' [I 28 10 4':1''j 0 (I r::;,-, , ,.,., 1 107 0_'","- _100 ........ 17:30 0 0 0 24 [I 30 12 ~:4(1 0 0 521 1 7 944 17:45 0 (I 0 13 0 1 (I r::; 3:37 0 [I ~1,~9 1 '-:. 947 ..; ~, 18:00 0 0 0 0 0 0 (I 0 0 [I 0 0 0 ----- TOTAL 0 0 (I 110 0 (7'3 40 1504 0 0 2174 7,~ 3997 1 0 9 ~ J.9 ".,t1' M ca. dOlL ---- - -- ---_.- - - .<. -,_._-------~-_._-_..__.__._-_.._._--_._..__._._._---_....- // PAU"-c:EACH ~. I./i) // /" "1 PEAK PERIOD ANALYSIS S.R.804/W.IND AVE COUNTERS NA~'1E: TOt"l KELLE"( COUNT DAY: FRIDAY COUNTER NO. 9074 cout'lT DATE: 9-23-88 SOUTH APP LT THRU RT t'JOF:TH APP LT THRU RT lJJEST APP LT THRU RT EAST AF'P L T THRU F:T ~)OLS TOTAL ~<TURN PHF o o o o AM PEAK 7:30-8:30 80 0 77 o o 51 49 ~..., 2202 [I 0 1330 141 ( , .>")~o 1471 "-..:.... ( .. 3 0 0 10 .8 .92 157 o .74 A~'l OFF PEAK -N/A I.)OLS 0 0 0 15 0 20 1 1 703 0 (I ,,=,C-;' 42 --.J_l( TOTAL 0 35 714 399 ~;TURt',j 0 0 43 57 ") 0 0 1 1 '- PHF 0 ")C' ")C' .25 . ~...J .,-..J F't"l OFF PEAK -H/A l)OLS (I 0 0 15 (I 20 1 1 703 0 0 357 42 TOTAL (I 35 714 399 ~<TURt,J 0 0 43 57 2 0 0 1 1 PHF (I ")C' -,r::: .25 . ...._1 . ~._I Pt"l PEAK -N/A l.".'OLS 0 0 0 1 5 0 20 1 1 703 (I 0 357 42 TOTAL 0 35 714 3'?9 >:TURN 0 0 43 57 ") 0 0 1 1 '- PHF 0 ")r::: .25 .25 .,-..J ~:EY ------------------------ LEFT THRU RIGHT VOLU~'lE VOLU~'lE VOLU~'lE TOTAL ~10LUt.'IE ./ / . % LEFT RIGHT I P.H.F. ------------------------ . ,/// PAU'l BEacH.f(,;J. //' , '...., // PEAK PERIOu ANALYSIS S.R.804/W.IND WAY COUNTERS NAME: TOM KELLEY COUNT DAY: THURSDAY COUNTER NO. 9074 cout-H DATE: 9-22-88 SOUTH AF'P L T THRU F:T ~,lDRTH APP LT THRU RT V.IEST APP L T THRU F:T EA:=;T APP L T THF:U RT ---- ---- ---- l)OLS 0 0 TOTAL 0 >;TUR~-j 0 PHF 0 A~1 PEAK -N/A o 000 o o o o o o o o o o o o o o o o (I o (I At"1 OFF PEAK -N/A l)OLS [I 0 0 [I (I [I (I (I 0 (I 0 0 TOTAL [I 0 0 0 ~/:TUFN 0 0 0 0 0 0 0 0 F'HF [I 0 0 0 Pt"1 OFF PEAK -t'l/A l)OLS 0 0 0 0 0 0 0 0 0 0 0 0 TOTAL 0 0 0 0 ~-:TURN 0 0 0 (I 0 0 0 0 PHF 0 0 0 0 Ft-1 PEAK 1,~:45-17:45 l)OLS 0 [I 0 1 1 0 0 93 40 1504 0 0 2174 76 TOTAL 0 203 1544 2250 ~,~T U FJ,j 0 0 54 46 'J 0 0 'J -.J -.J PHF 0 .74 .87 .93 KEY ------------------------ LEFT THRU RIGHT VOLUME VOLUME VOLU~lE TOTAL l)OLur"lE ./ / . /: LEFT RIGHT P.H.F. ------------------------ - ---------- ~--- - - --- -- --- - - T j I 1 i ,1- ?3"i ~I\ITY (Z) ./ PRLly =:ACH ,/ PUf~E:: 1 ~;jl'1 i I~. VULLJI'IEU '" LOCRTION: BOYNTON BCH BLVD-W INDUSTRIAL DR DATE: 9-19-88 TIME NORTH SOUTH EAST WEST TOTAL ----- ----- ----- 6: 15 8 (I 79 8/+ 171 6 : 30 c:- O 125 151 282 ..J E, : 45 3 (J 1 81 2()3 333 7 : 00 7 (J - L ,~- .::7C f;20 ..j ~...j -; : 15 38 ( . I 275 3Lf8 56~=: 7 : 30 30 (I 259 4 18 717 -; : '+5 ':':1 .-: (I 3(,)3 51 7 '3'f3 - "- .J 8 I)(J (I 3'33 ::;(',/f 1 '.I') 1 - - : Lf Lf C 8 : 15 71 (1 3B4 '+73 328 - 8 : 30 51 0 283 397 731 - 8 : 45 Lf9 (l 2 r9 9 3JtL~ 530 9 : 1)1) 50 (J 35() 327 727 '3 : 15 1+6 (I 310 28'f 5 1+ 0 9 : 30 Lf 0 (1 ,3()3 273 G15 r:3 : L ,-- Lf5 (J 3()5 .=:8'f f,3Lf +.:J 10 : 00 24 (I 323 2B(l E. .C: 7 10 : 15 51 (I 2rJO 257 5'38 10: 30 42 0 255 28 1 588 10 : 45 c:- ~ (I 2rJG 278 527 ...J,:" 1 1 : l)0 54 0 4; .:> __;- ;::~(., 7 b (-; '" ,~L._ .....J 1 1 : 15 Lf3 0 3'H) .=:35 519 1 1 : 30 41 l) 2c;a 275 5S:'j 1 1 : 't5 LfB U 3~~(} ~:::'J(l G~:;fJ 12 : O(J Lf5 (I 312 3(Jl GG'f 12 : 15 55 (l 377 31E. 7'+3 12 : 30 EA (J 3'f3 33B 751 L::: : 't5 Lf '+ I) ~~ (, (l ~~n'f be8 1 : (JlJ 50 (l 3L;,3 .:, 13 70E. 1 : 15 50 0 3~~5 3(13 E.B4 1 : 30 t:,.- .=.. (I 2~.53 285 590 ..J I.- 1 : 45 45 0 316 3(17 5GB .::. : (1(> 5(1 (l 315 3Lf4 72(1 - 15 28 (I 3ifLf 323 535 c : - : 30 t:"'-, (I :::;59 300 71 1 "- ...Je ...::. : '+5 3't (I 37'3 31 (I 723 .:, : 00 LfS (l 3tV+ =.'~ 755 ~L_o-J .:, : 15 33 (l 353 283 587 .3 : ~~O 57 (J 42~,~ .:, 1 fJ 795 .J : '.5 Lf3 I) .3 r3 ~3 3:71 8;..'e:7 4 : , 1I) c::-~ (J Lf if 5 3(33 881 ..J':' Lt 15 6~~ (l Lf21 3E.8 8<::--' : -.:, ...;.::. 4 : 31) 5/:3 -- (I Lf 1(1 3L..3 071 'f : I ['" 75- (I 1,(,3 :~/, n HOG '-:J <::- : ()( I 53 I) 4Uc~ :~15 327 ..J - c::- : 15 54 (l C_4t:.7~ 357 354 ..J ..J..J -.J 0:::- : 30 42 (I 55'] 325 326 ..J c ~. : 't>5 :.::. ,) 5'3'1 31 1 337 ...; ':'.... 5: (l(l 35 (l 5 (I Lf 2r:35 835 5 : 15 3Lf (l 438 294 7E.E. G : 3() c~13 (.I :n1 2::'j'J E.5/3 (, : '.5 2'3 (I <~3G c' tJ ~:~ E~:::7 7 : I )( I ~::G (l 31(1 251 ::j87 Board. of County Comrr wners Count)' Administratol Jan \\'inters Carol ,-\. Roberts, Chair Carol J. Elmquist, \'ice Chairman Karen T. \1arcus Dorothv Wilken Jim Watt December 16, 1988 Department of Environmental Resource .\lanagement ,-., ,",,'- _ _. .,~- -'-, .-_ _"-0... " ~". Ms. L. Christine Beditz, DRI Coordinator Treasure Coast Regional Planning ,Council 3228 SW Martin Downs Boulevard, Suite 205 Palm City, Florida 33490 r ':' (" 1 (1 ';;:;:7! ~.; _ '....J.... V l"~."';.~ " ~," ~~ ~=:.J ~~;'l Dear Ms. Beditz: I ..,,~........ ....::.........J. SUBJECT: Boynton Beach Mall Development of Regional Impact Substantial Deviation - Second Sufficiency Review The Palm Beach County Department of Environmental Resources Management has reviewed the applicant's response to the sufficiency review comments for the Boynton Beach Mall Development of Regional Impact Substantial Deviation Application for Development Approval, dated November 22, 1988. We submit the following comments for your consideration, in the order in which these topics were submitted by the applicant. Previous Palm Beach County Actions Related to the ProDosed Proiect The applicant stated in response to our concerns that the original development order required the developer to ".. .preserve the pine area located on the subject property", but did not specify that it be designated or dedicated as a preserve. The applicant also noted that the area was zoned CG (Commercial General), as was most of the rest of the property. In our previous letters of April 14, 1988 and September 12, 1988, we stated the position of the Palm Beach County Board of County Commissioners and the Department of Environmental Resources Management that this pine tract be preserved, as required in the original development order of May 76, 1974. We continue to hold this position. We recommended that the applicant consider alternatives to the removal of a portion of the pine preserve, such as the construction of a parking garage. Previous plans for the mall proposed by the applicant indicated the potential for the construction of a parking garage. The applicant I s response to our concerns does not mention if consideration was given to other alternatives. In the response, the applicant requested the Department of Environmental Resources Management to provide a list of the Pine Acres subdivision residents who attended the May 10, 1988 meeting of the Board of County Commissioners, so that the list could be included in the Sufficiency Response. Ms. Rebecca Martin attended the meeting on behalf of approximately 200 residents of Pine Acres, and made a statement on behalf of those individuals. Commissioner Adams requested that a copy of her statement be entered into the record of the meeting. A copy of a page from the minutes of the meeting, on which Ms. Martin's presentation and Commissioner Adams' request are documented, and a copy of Ms. Martin 1 s presentation are enclosed. ) 11 ! '( )UT!f ~)[\l~' } 1\\ Y", ",L:I'i-! 1.th \ \ l' ',- !) \. ~. .\ 'l ;.~ 1 \ \. ~ i. : i (I! { [ [j \ .);..;. j l :; ,~l)- ,"~ I J_..J.! \ 1 : .... 1_ ! "" \_ I ) -" 1 ~ -+ :: . + ( ) 1 l Mr. Thomas A. Clark, P.E., P.L.S. City Engineer City of Boynton Beach 200 N. Seacrest Blvd. Post Office Box 310 Boynton Beach, Florida 33425-0310 W t - CCJ!'~'-~-- a \ I Ic.) / 8c v~ ;"d/~ () J~ If.--l~~_ "',, p~ ~ CU'.-t.Qh.- C ~. " " " <:::::::..,,- ',-YJI. ),- 1~1 . , 1 ~("~l"""~ ..v,..-l "Y o'~-' t:iIf ~ HIGGINS 'ENGIN~~~;;r~~NC. ~v~cfl.4 ~;V t1Y;~' ~ t'"eYV Re: Proposed Sears Expansion at Boynton Beach Mall - Parking Lot ~ r.!1 Storm Drain Inlets G~~ Dear Mr. Clark: ~'Ye ;~\' December 211 1988 As follow up to our meeting on December 19, 1988, we have enclosed a copy of the storm sewer plan for the proposed additional parking area. We are requesting that you review this plan with appropriate City staff to determine if the plan is consistent with the City of Boynton Beach Parking Lot Regulations. The enclosed plan shows that stormwater runoff will be routed to the existing on-site detention ponds via catch basins and culverts. This approach conforms with the existing stormwater system which was permitted by the South Florida Water Management District. In accordance with South Florida Water Management District criteria, water quality detention storage is provided for the runoff generated by 2.5 inches of rainfall over the project site (both existing and proposed). In advance, we would like to thank you for your cooperation in this matter. Should you have any questions, or need any additional information, please feel free to give us a call. Very truly yours, HIGGINS ENGINEERING, INC. -4 ~c! ~ L S. Jordan Nichols, P.E. 86-10 enclosure cc: G. Williams w/o B. Higgins w/o T. Marsicano w/o C. Conahan w/o .,,'1-<_ RECEIVED' .J \ JAN 25 1989 PLANNiNG nf'PT 4623 Forest Hill Blvd., Suite 114 'WSs lfJalm Beach, FL 33415 (.107) 4~Q.7807 -... Water Resources. Land Development - '~~..-: ,~..'-. ::: -::~~ .: ~"i': , f'.';, <,~(,\ ')> l ~ n 7.. ~ ~-.: ~ !.~: ~: :;:: ~~T . ..;: , .....~- ."', ~\. .:'.::;.: 1..... /..:" ';::;: " ";-. .';;." " :: f".; :: .~~ 400 Or2 J:"u> 01 \-t "'0 l>O~ ~-nm 7mO ~-,( fl (}J- ~~ mo 00 ~z: (11 010 0- -1Z 1:."0 rnr Z):> 0(') tl) rn .'~.. : ( , f :..- ',;';,:,:",,' ':,. k. . ":::~ "\,..,.. ' " j /;"J,:>' , (, .., ': i,':,j. : ,."::::.:.,,,.,..,,.,,...~'" ,..'w,d.../ ,.,/::::: ;~ r~T" :;~ :~t5" v ';r" ~$W ~' ~.. ,-v;v" (" ' . '1 ........;.~ ..:~\ " ....~/' .. ~ . \ "'L "l~""! '~~ ~~;:;:, '," ............ Pt:-, ~ ~ j >......."/ ~'~I .; ''<'! ~""-=~~,"~<--;: ,0 /'" ".d , /A: ". ~-I.'>' f ,:-- ...,.~~ i',V:' ;.-'/~1.k t. ' "1' 'W f .iJj,~, ,1.:"J '<, : ~ .:.....".~....... :~~:::/t "'," :~ .. "::":"; ~ ,,"'~~:~H :! f::.> \ f-=- t. {f .-::. . o~ .:.:. ..).:: x' I ;1 ill j n ::: / f n~;>" 'i;.:, ! ." ! Z f { i " t i * r I : L ~: " ~"""'''=: "1i r 1J ('0 .,. m -0 .-1 ,..<; ,b. 'f.J.',. ~ {: 0 t', (> 1) l\Q/, ,"' (1'\ ,~:H' \ ~ t '* S' \sl o 1) }' t '~t :~ ~ ~: ;~ ; :~ . :~ ~~- \,,' L ~ L r ~ , ~ ' :~. ". .......n \ ....'. :::,~ ;,.:-.~ {P h,~ 11r~~ ,',; ~1:b~;":0' .".,"", l''l:".. <;;; 'l"..,'." \i ~ '," """~- w ";y""""',<> '. '"" :",,:.:,:,::;;. " ::.\:~ (' J 1: ' ~ :;. : t: f' ~ ~. ~: . ? . "ill . ~ " '~'" ~i1: , ~ ~,\ : ~ ~i \ Wi 1/ (:,,: ~.f~ ....;...... ';""."'" ':'.:.." .... .~.....~. .... ......._~:. ..... . ." ....~~ ," :. "":"'::\::'<~z.\t/,;\;, .............. t :. "::" , .:..... :::: ':\" " .::~~: ::.;~ . '.~~.'. :::~: :::;: ..' ....-.... .:.~ ;: :-; 't:~ ,:,:,i~ .,i." I" ~;" i/ ~~ ~c f . ~ \ j , ./~ :"" '.:;,; ;. \ ~l '-;j , th" ! ::: ./ "~~'<..;...~~ .'W'.." \W~.. t;:.",,> V j t~~~..."" j ~"',........ ~/,. L t~ ::;:.....(.-:>., ;9"/ 2:~. 1/ ;;;4% t, ,I ~..' /!}~ /'6 ,:j~~;~~:':\~ I '7:~::. '...f'; \ ~;~ --.----."-... ~ ...-.... ,,' .'\ " ~ l i/.~ "', t~,. -:.' .l~~ i:n;. ~ A/) f. t ~..:. f" , P,t,' ~ :~t~ .~ f~,!! . .....~_~ ~;:~~i~:~::: tf' . ~~:: " I I . ~ V y ~ t:) .;j:::', .... " . (~ ~ ~i. i ....;.:~..~:.:.:.:.:.~....-.:.:-:.:>:.~.. ~.;..'>>> ...,~,:,;,:~.:...,.o~:,:~':'~~~"l<<'~~:,:,....~>>:&..,,~,...:<<.....,.~,,':~':'" ........ ':....= /'/' r_ , '/) / J. -'__i/ ~ "-;;" J :1 Boa~d.Jof County Commissioners Carol J. Elmquist, Chairman Karen T. Marcus, Vice Chair Carol A. Roberts Carole Phillips Ron Iloward _,-,ullty Administrator Jan Winters December 19, 1988 Dcpartllll'llt of l:nginccring and Public Works Ms. Christine Beditz DRI Coordinator Treasure Coast Regional Planning Council 3228 S.W. Martin Downs Blvd. Suite 205 - P.O. Box 1529 Palm City, FL 34990 SUBJECT: BOYNTON BEACH MALL DRI - SUBSTANTIAL DEVIATION - SUFFICIENCY RESPONSE DATED 11/22/88 Dear Ms. Beditz: The Palm Beach County Traffic Division has reviewed the Sufficiency Response to the questions that were raised in its September 12, 1988 letter and does not believe this response to be adequate. The following comments are submitted to you regarding the Sufficiency Response (referenced by the number in the County's September 12, 1988 letter when appropriate): 1. Daily LOS 'C' capacities in revised Tables 31.1 and 31.5 for 6-lane divided roads are incorrectly shown as 48400 instead of 46400. 2. (Comment #5 in 9/12/88 letter.) Old Boynton Road between Congress Avenue and Boynton Beach Boulevard is identified as a County Urban Collector by the Florida Department of Transportation in its July 6, 1988, highway functional classification for Palm Beach County. It serves an important role for traffic accessing the Mall from 1-95. The intersection of Old Boynton Road and Boynton Beach Blvd. should also be analyzed. 3. (Comment #6 in 9/12/88 letter.) It is apparent that there is alack of understand i ng on the part of the consultant regarding roadway link B-5. (Boynton Beach Boulevard between Old Boynton Road and 1-95.) This roadway link receives significant traffic from the following sources: a. b. Boynton Beach Boulevard from the east and west. Old Boynton Road from the west (6782 ADT for 1988 year). S.W. 7th Street from the residential neighborhoods (including Leisureville) Industrial Avenue from the Boynton Industrial Park to the north. b',~"'" , CElVEJ)' , ,-, ..' ,: .. - " . . i' . , , c. d. DE'C 22 "l988 "A E I 0 'Alf'" A' E I" RtJ>iNNH\lG iIJJi:jJ;oiS" n qua pportul1lty - lrI11atlve ctlon mp oyer . l;:Ph WEST PALM BEACH, FLORIDA 33402-2429 (407) 684-:r.uu BOX 2429 page 2 e. N.W. 7th Street from the residential neighborhoods to the north. As a result, the volume on link B5 is about 10000 ADT higher than link B4 or B6. According to the attached approach volume count taken at the Boynton Beach Boulevard/Industrial Avenue intersection on 9/19/88, AM peak hour traffic is 3414 on Boynton Beach Boulevard (or about 8.2% of ADT) and PM peak hour traffic is 3557 on Boynton Beach Boulevard (or about 8.6% of ADT). These numbers are considerably higher than the 2386 peak hour volume (or 5.9% of ADT) recorded by Greiner, Inc. As a result of the consultant's use of an unrealistically low existing peak hour volume, the projected average annual peak hour volume for the 1989 year is well under capacity even though the average annual 1989 ADT approaches LOS 'C' capacity. 4. (Comment #8 in 9/12/88 letter.) Treasure Coast Regional Planning Council (TCRPC) Policy No. 19.2.1.8 requires that background traffic growth include full buildout of approved developments within the project study area as well as a yearly growth factor to account for impacts of development outside the study area and on vacant parcels within the study area. The correct 1988 year ADT counts (not the 1987-88 year ADTs) should be used as a starting point, with approved development traffic and historic growth traffic (to account for other sources of traffi c increase not associ ated with approved development) added on top of these numbers. It can not be stated that the 11 actua 1 growth rate used on our studied roadways is actually too highll in light of TCRPC poticy. The Florida Department of Transportation (FOOT) historic AADT counts shown in the table on p. 6 of the Suffi ci ency Response do not correspond to FDOT and County information on file for at least one of these locations, as follows: % Growth Location 1985 1986 1987 1988 Per Year Boynton Beach 25879-0 24807-0 27021 30854 +3.2% Blvd. (east of (29395-0) Congress Ave.) o - indicates off-peak season count only 5. (Comment #9 and #3 in 9/12/88 letter.) Attached are copies of Exhibits 9, ("Travel Timesll), 11 ("Patron Distribution"), and 12 {"Directions of Patron Approachll} page 3 from the original Site Traffic Analysis for Boynton Beach Mall done by Greiner, Inc. in July 1978. Also attached is a copy of Table 31-A.l (IISummary of Population by Regional Centerll) from the Regional Center DRI report prepared by Kimley-Horn and Associates in February 1982. These materials all suggest a more di stant di spers i on of traffic from the Boynton Beach Mall, which could mean more roadway links with significant project traffic and a larger study area. Even allowing for the change in population patterns over the past ten years, it is still reasonable to expect much more traffic coming to Boynton Beach Mall from distant locations via 1-95 and other roads. The use of the gravity, model is flawed if consideration is not given to the fact that a regional mall trip is not a normal shoppi ng tri pin that it has a 1 anger average trip length. Information on actual directions of approach and departure of existing project traffic at each of the mall access poi nts does not i nd i cate how quickly this traffic is dispersed over the roadway network and thus is not relevant in response to this question. Incidentally, Worth Avenue can not be considered a IIcompetitive center which directly influences the trade area of this mallll because of the fact that it is exclusively devoted to much higher priced goods. 6. It is noted that revised Table 31.7 shows an alternate 1 eve 1 of servi ce for the Boynton/ I -95 interchange if the 22nd Ave./I-95 interchange is in place. Since the construction of the 22nd Ave./I-95 interchange does not meet the TCRPC definition of "committed project" and does not even appear in the FY 89-93 TIP adopted by the Palm Beach County MPO, it is recommended that approval of the Boynton Beach Mall Substantial Deviation be conditioned upon this new interchange project unless the applicant is willing to make necessary changes at the existing Boynton/I-95 interchange. page 4 We appreciate the opportunity to review this sufficiency response. Please let me know if you have any questions concerning our comments. Sincerely, Office of the County Engineer .~~ ~ C"~ Allan A. Ennis, P.E., AICP Development Review Engineer AAE:te cc: Randy Whitfield, P.E., Director, Palm Beach County MPO v Carmen Annunziato, AICP, Planning Director, City of Boynton Beach file: SjD - DeBartolo Mall IN RE~L Y REH,R TO: Our File: Application No. 09278-1 Resource Control Department South Florida Water Management District Post Office,Box 24680 3301 Gun Club Road ih(' / ! West Palm Beach, Florida 33416-4680 ' J.j Telephone (407) 686-8800 ( A' a-tlY' Florida WATS Line 1-800-432-2045 ,JJ - \...~()/ ~ Vf'~ John R. Wodraska, EXCClIII;( Tilford C Creel, Deputy Execut'"e (' , I d I ~', 1 i I \ ,~, December 15, 1988 " I'" Mr. S. Jordan Nichols, P. E. Higgins Engineering, Inc. 4623 Forest Hill Blvd., Suite 114 West Palm Beach, Fl 33415 Dear Mr. Nichols: 1 Subject: Application Number 09278-1, Permit MOD #50-00860-S, Boynton Beach Mall Expansion, Boynton Beach, Palm Beach County, SI9/T45S/R43E We have received information from you on November 16, 1988. The information received was incomplete and did not adequately address the following item. According to Rule 40E-4, Florida Administrative Code (FAC), review of this project cannot be completed without this information. CD Since additional pavement is proposed to be located on a tract of land excluded for development and the intended land use is commercial, ~ pretreatment will be required for the additional impervious area. Please revise plans and calculations, accordingly. Please be advised that Lake Worth Drainage District approval for the repl~cement of approximately 1500 l.F. of the LWDD L-23 with 6011 RCP culvert will be required prior to construction. ' In accordance with 40E-l.603(5) FAC, if the requested information is not received within 30 days of the date of this letter, this application may be processed for denial, if not withdrawn by the applicant. Please submit FOUR copies of the requested information. Should you have any questions, please call Brian Gentry. RECEIVED Division AMW/btg DEe 3. f; '1. PLANNH~G DEPT. CC: Palm Beach County Engineer Boynton Beach City Engineer lake Worth Drainage District/Florida Department of Environmental Regulation Nancy H, Roen (;rialrman - Plantation James F, Garner Vice Chalfnliln - FI. Myers Nathaniel P Rer.d Oscar M Corbin, Jr Hobe Sound FI. Myers J,D York Palm City Doran A, Jason Key Blscayne Arsenio Millan 1,1Iam; Ffllz Stein Belle Glade Mike Stout Windermere B,oar.d o,f County Com ~ssioners Carcii'J: 'Elmquist, Ch~i'rman - Karen T. Marcus, Vice Chair Carol A. Roberts Carole Phi~~pS Ron Howa1 1\ ~.L n d . . ~ '("County A mlDlstrato , ' " (~ Jim Winters i, l~;~"\. ~'oepartment of Engineerin ~\\- .nd Publi, Wo,k, ())/ .,J. ~ Carmen S. Annunziato Director of Planning City of Boynton Beach 120 N.E. 2nd Avenue Boynton Beach, FL 33435 ~ P /7 ~: December 7, 1988 SUBJECT: PALM ISLES, P.U.D. (F.K.A. BOYNTON WEST, P.U.D.) Dear Mr. Annunziato: In accordance with your request, attached hereto, please fi nd a copy of the conditions of approval for the subject project. Please feel free to contact me if yo~ have any questions. A~1k Engineering Asst. III - Traffic Division ASH: j r cc: Charles R. Walker, Jr., P.E., Director - Traffic Division File: MuniCipality "City of Boynton Beach" ash\boynton f'\ 1'PD , R'ECE~ l ~7;:. fiEG \ il 1988 PLANN\NG tJ\i,\~T. k-': -- .. An Equal Opportunity. Affirmative Action Employer" ::;:,. BOX 2429 WEST PALM BEACH, FLORIDA 33402-2429 (407) 684-4000 ..~-' .--.. .......~.~. .... " ,., ~ -~ :. i~; '.. i ~, ..----y,. " '" ~~:,l--J~ dv ~~ ~.c~ p\J ( " ~l. Apprc.val Petition No. 87-92 of this petition is subject to the followina conditions: 1. Prior to master plan certification. petitioner shall abandon the east-west unimcroved riphts-of-wav traversing the procosed development. 2. Prior to master plan certification. the petitioner' shall procure the neceSGary releases from the Florida Power and Light Company to construct a golf course and related improvements within the 160 foot easement. 3. Prior to master plan certification. petitioner shall submit an eradication plan for the removal of all prohibited species on site and a concurrent revegetation plan. to the Zoning Division. The buffers shall be revRqetated as required by Section 500.35 of the Zoninq Code. The reveqetation plan shall indicate canopy trees to be planted at a maximum of 30 feet on center within the westernmost 25 foot buffer 20ne. 4. The developer shall retain the stormwater runoff in accordance with all acplicable aqency requirements in effect at the time of the permit application. However at a minimum. this d~velopment shall retain onsite the first one inch of the fitormwater runoff per Palm Beach County Subdivision and Plattinq Ordinance 73-4. as amended. The drainage system shall be maintained in an acceptable condition aG approved by the County ErlR i r,eer. 5. The prc.pe.,..ty cl....me.,.. sh~ll CClr,vey fc..," the ultimatet"ight-, , of-way fc,r: a. Boynton Beach Boulevard. existinR centerline. 61 feet north of the b. Haqen Ranch Road. a total of 80 feet of riqht-of- ....Jay c. the confitruction of a riqht turn lane. east apP,,"c'(1ch <:''(1 BO::''1r,t.:,'f' Beach . B,:.I.llevard at the project'~ entrance road. This right of way shall be a minimum of 200 faat in lan~th with a taper lenqth of 100 faet :1. all within 90 days of the approvin~ this project Er,g i '(,ee.,,,. appt"c.val clf as ,,"eQ'.1 it"ed the Resl:.l..tt: ior. by the Cc".\YItv 6. The property owner shall construct: a. l.eft t u.,"y, 1 ar,a. wast ap"roach. ~YtCj a t"i qh"t, t 1.lrrl lane. east acproach. on Boynton Beach Boulev~rd at the project's entrance road. This construction shall be concurrent with the four laninq of 'BOY'flt c.'(, Beach Be. 1.1 I I:!vard b~' the F 1 c.ri da Depa.,..tmeYlt of. Transportation. The property owner shall ba fiscally responsible for any Channa Order associated with this construction. f~ b. Separate If.:!ft appt",:.ac:h. c.r. DCJY'r".t C..r"'8fl....c:.h c ':. \'1 s t .,." 1..1 C t i '::1)'1 .:' f turn and right turn lanes. north the project's entrance road at Boulevard concurrent with the the project's ~ntrance roa~. c. SigYlC.\l i,:~ Dc,l.ll eVLn"d ....,a.,...j.....'\l",t ed. the intersection of Boynton Be....ch ~nd the proj~ct's entrance road. when ",\S dr:lte"'''"liYIH.d b~, the CctI,.Il,.ty E'(lqi'flfoJer. Petition No. 87-~2 Paqe 1 i . I . I \ d. A dual left turn lane. north approacn. on. the project's entrance road at Boynton Beach Boul~~ard. concurrent with the nignalization of he inter~ection. when warranted. as determiried by the COUYlty EYlgiYleer. " '!. 7. The property owner shall provide to Palm Beach County a road drainage ea$e~ent within the proJect-s internal lake system which is adjacent to the property capable of accommodating all runoff from thosa segments of Hagen Ranch Road and Boynton Beach Boulevard along the. property frontage and for a maKimum 400 ft. distance each side of the property boundary lines along Hagen Ranch Road and Bovnton Beach Boulevard. The drainane system within t~e project shall have sufficient retention/detention capacity to meet the storm water discharge requirements of the applicable County Control District and South Florida Water Mananement District. The design of the system shall assume the ultimate Thoroughfare Pla~ Saction road draina~e runoff. 8. The property owner shall pay a Fair Share Fee in the amount and manner required by the "Fair Share Coy,tribl.\tic'YI fc,r Rc,ad Ir"prc1Verney,ts Ordiy,ay,ce" ,as it presently eKists or as it may from time to time be amended. The Fair Share Fee for this project presently is $601.151.00 (7.477 trips X $80.40 per trip). Credit for the cost of plan preparation and CC'YlstrIJc::tic'YI listed iYI C'.:.Y,ditic,y, Nou. '3. .\0. 11. 14. 15. 16 and 17 shall be qiven against the eKisting traffic impact fee and also against any increasas in the Fair Share Fee. $.hc.uld the "Fair Share CC'Yltributic'YI for Rc,ad I r.,prc,v EUlle Y,t s Ord i Ylr3YICe" be t\r"eY,dmd., UpC'YI receipt of the bond required in Condition No. 18. the Impact Fea for this project shall ba considered bonded and no impact fees shall be dues while the bond is in effect. '3. The property owner shall provide conntruction plans for Hagen Ranch Road as a two (2) lane section (sKPendable to five (5) lanes) from the project's south property line north to the north right-of-way line of the BC'YYltc'YI CaYlal (iYlclt.ldiYlq br'idge plaYls fClr a five (5) lane section which could be built as a two (2) lane alterYlate) pll.'s the apprclpt"'iate tapet"'r;. The!.;e const~uction plans shall be approved by the Countv Engineer based upon Palm Beach County's minimum Construction Plan Standards as they presently eKist or as they may from time to time be amended. Thene c:oy,strl.\cticlY'1 plaYls shall be ct::'hlpleted by ,JIJY,"J :~0. 1':3':30. Plan costs shall be approved by the County Engineer. Play,s shall iYlcll.lde i..,pprc'IJriate pedestriay, ch"c1.\latic'Y'1 and drainage for the ultimate five (5) lane crOUG- sact i C'YI. 10. The property owner mhall prepare and provide to the Cc;tJYlty all YIp.ctfSSiU"'Y ri~~ht-'c,f-wi.\Y accl'.lisitic'YI dl::,Cl.UllC:lYltS includinq, but not limited to. surveys. property owner's maps and le~al descriptions for acquisition and parceled riyht-of-way maps required ~or construction of Hagan Ranch Road as refer~n~ed above and subJect to the approval of the County Engineer. These documents shall iYlclude c.\ title gei,H'ch ft:I~" c.\ hli\'drl1l.lrl1 cd' 25 yeeU"S. 11. The property owner shall construct Hayen Ranch Road as a two (2) lane section from the project's south property line to the north right-ot-way line for the Boynton 'Canal in accordance with th~ Condition above. The property ,owner shall construct both the' two (2) lanes on the bridne crossin" tl,a Boynton Canal and Hagen ranch Road with the project prior to the final plat or whan required for continuity. as determined bv the County Enuineer~ however. in no case earlier than Petition No. 87-92 Pa ~Jfi ~~ ;~.('i ~ :1 { i I I ~ \ , , I il January 1, 1991. An Enqineer'5 cost estimate shall be provided and surety in this amount ba'urovidad in accordance. with Condition No. 16. At the County Engineer~s' option. the County may particip~ta in the widening of the bridge to the full five (5) lane section at the time of construction. 12. The property owner ~hall construct at the intersection of Hagen Ranch Road and the project's entrance road: a. Left turn lanes, north and south approaches,' concurrent with the Hagen Ranch ROad construction. 13. 14. b. Left turn lane. east approach. concurrent with the project's entrance road construction east of Hagen RaYlch Rc.ad. c. Left turn lane, west approach. concurrent with the project's entrance road construction west of Hagen RaYlch Road. d. Signalization of the intersection. when warranted. as determined by the County Ennineer. If signalization i$ not warranted after 12 monthn of the final Certificate of Occupancy. this property owner shall be relieved of this requirement. The property owner" shall construct i Y'lt epYla I i rll prc.verneY'lt s C.:IY'lcl.I,,"'reY'lt wit h of t~e adjacent plats: the f,:. 11 (:,w i Y'IQ the construction a. A left turn lane on the main project's roadway at the entrances to Parcels E. G. C. and A. In order to comply with the mandatory perforrnance standard$. the croperty owner restricted to the following phasing schedule. t,,"'aff i c shall be a. PHASE t: Ma~imum of 50 multi-family units (or equivalent single family homes. as acproved by the County Engineer). until con5tructio~ commencas for the wideninq of Boynton Beach Boulevard as a minimum of four (4) lanes from Hagen R~nch Road to Military Trail by the Florida Department of T,,"'aY'lspo'r...tat iOYI (Scheduled fc.r ~1arch. 1t::)B'3). b. ~~ASE It: Ma~imum of 199 Multi-family units (or equivalent sinnle family hornes. as apuroved by the County Engineer), until construction commences for the wideninn of Military Trail au a minimum of four (4) lanes from Old Boynton Road to Miner Road by Palrn Beach County (Schedulad for Sapt~mber. 1'388) . c. PHASE III: Maximum of 234 multi-family units (or equival~nt single family homes. as approved by the County Engineer). until construction commenc~s'for the widening of Military Trail as a minimum of four (4) lanes from Steiner Road to Via Delray by Palm Beach County (Scheduled for January 1989). d. PHASE IV: MaximUM of 243 Multi-family units (or equivalent sinHle family hOMas. as approved by the County Engineer). until construction cc~mences for the widening of Military Trail ~s a minimum of four (4) lanes from Miner Road to Hypolu~o Road by Palrll Etf?ach CC'I.I'I'lt~1 (S~-:hadl.lled fcn'" Sp-ptembm.... 1.98'3). e. PHASE V: tt1axirlll.Ull c..f 510 r.H,llti-farllily, llY.eit!; (c,r l-:lq'.livalf}'('lt si'('I!~l(,} farllil~1 hc'r,H-'ls. 035'. apl,r(:.ved by the County Engineer). until the developer commences construetion of the wideniny of Connraus Av>>nu~ from Boynton Beach Boulevard to Northwest 22nd Avenue an a six (6) lane divid~d roadway. Petition No. 87-92 rtt?\ nr~' ~ \ J J , \ . 'l The construction listed in subparagraphs b. c and d. above. wh~ch is scheduled as part of PalM Baach County's ~rve Year Road Program, i5 considered to be assured construction. Each of these phasing controls shall be lifted at the end of the fiscal year followinQ the fiscal year of scheduled construction if the scheduled construction is delayed. . ~t 15. In order to further co~ply with the mandatory traffic perforMance standards, the property owner shall. a. Participate with PalM Beach County in the widening of Milita'",y Trail frelrn Old BOYYltCIYI Road tel Miy.er Road. The property owners participation shall be liMited to.the additional costa of widening frOM a four (4) lane to a six (~) lane divided road. b. Provide construction plans for the six (~) laninq' of Military Trail fre~ Old Boynton Road thru Boynton Beach Boulevard with appropriate transition and tapers. These construction plans shall be approved by the County 'Engineer based upon Palm Beach County's minimum Construction Plan Standards a~ th~y presently exist. or as they mav frOM time to time be amended. These construction plans shall be completed within six (6) Months of the approval of the resolution approving thi$ project. Plan costs shall be approved by th~ Ce,uYlty EYIt,] i Y'leer. ~. Construct Military Trail frOM Boynton Beach Boulevard to Old Boynton road au a six (6) lane divided ,t'cladway iY'1 acce,t'daYlce with the construction plans developed pursuant to Condition NCI. 15. b. It i 5 the i Ylt eY'lt that t his suct i CIY'1 elf Militar~ Trail frOM Boynton Beach Boulavar~ to Old Boynton Road to be expanded from four (4) lanes to six (6) lanes and that the construction. at the option of the County Engineer. be performed by PalM Beach Count~. This construction shall be performed concurrent with the widening of Military Trail from Old Boynton Road to Miner Road by Palm Beach County (County Road Job ~83224A). The property owner shall provide to PalM Beach County the funds. including funds for administration and inspection for the Count~ to construct the road. 16. The property owner shall provide construction plans for the six (6) laY'liY'q} I:.f CCIY'luresH AveYll.le fre,r., DClyy,tclYI Beach Boulevard to Northwest 2end Avenua. Thene construction plans shall be approved by the County Engineer based upon Palm Beach County's minimum Construction Plan Standards as they presently axist. or as they may from time to time be amended. These con5truction plans shall be COMPleted within 12 months of the approval of the reuolution approving this project. Plan co~ts shall be approved by the Count~ t)7,,)~ Em] i Yleet'. ;; . 17. The property owner shall COMMence construction of Congress Avanua ~s a six (~) lane divided road prior to the i~"u~nee of building perMit" for 510 Multi-faMily units (or equiv~lent sinn1e family homes. as approved by the County Engineer). or prior to June 1. 1990. whichever first occurs. Engineer's option. the property, pwner contract for this construction for or provide to PalM Beach County the funds for ndmini$tration and County to construct the road. At the Or.'lt iOirl. thR CCIIJ\'lt~1 ",d 11 ft.Il"ld the A't: the Cc.t..\Y'It y shall lat the Congress Avenue funds. includin~ inspection for the County Enginear's Petition No. 87-9~ r:oElq~ i. j 1 \ , \ , ~ " .k ., I. 18. . ' overlay of the existing lanes a~ a p~ t of the wideni Ylg. . . The property owner shall provide surety in the ,amount of 110~' of the estimated cost for the off-site imprclvemerlts listed iYI CC'Ylditiclrl NCI. '11 (tWCI (2) laYle bridge over Boynton Canal and two (Z) laning of ~agen Ranch Road within project boundaries), Condition No. 15.a (six (5) laning of Military Trail from Old Boynton tc. MiYler Road). CC'Ylditic'YI Nc.. 15.c. (six (5) larliYlg clf Militarv ,Trail from Bovnton Beach Boulevard to Old' BCIYYltcIYI'Rc1ad, arid Cc.r,ditlclrl No. 17 (six (6) lanir,g clf Congress Avenue from Boynton Beach Boulevard to Northwest 22nd Avenue). An estimated cont for thene improvementn shall be prepared by the property owner's Engineer and submitted to the County Engineer within 120 days of the approval of the renolution approvinq this project. Surety shall be required 60 dayn after acceptance of the cost estimate by the County Engineer. 19. Prior to master plan certification, petitioner shall convey to the Lake Worth Drainage District: (a) the East 30 feet of the West 55 feet of 'Tract 48. Bloc~ 49, P.B.F. C6. Plant No. 3 for the required right-of-wav for Equalizing Canal No. a-E. and (b) the North 55 feet of Tracts 59 and 64 including Block 49 for the required right-of-way for Lateral Canal No. 23. Conveyance shall be in the form of an Easement Deed or a Quit Claim Deed. whichever the owner prefers. Conveyance shall be made within 90 d~ys of approval of the resolution approving this project. 20. Since sewer service septic 'tank shall not prc.pel'..t y. is be ..,vallable appt'c,ved tCI fClt" the prclpert~/. '.\SF-' con $~ i d 21. Since water service is available to the property, a well shall not be approved for potable water use on said prc.pe.....ty. ~"=' ~~. A 5.4 acre civic use site shall be dedicated to the Board of County Commissioners concurrent with the filing of the first plat for this proj~ct. a. b. The petiticIYle..." ma~1 irl 1 ie\., of a. (abclve), exchay,ge the required on $ite dedication of land for civic uses either for a parcel of land off sitR equal in acreage or cash of equal valua. In addition. in the event that the off sitR land dedication is of less cash value than the on site dedication. petitioner shall al~o contribute an am~unt in c~sh equal to the diff~rence between tha value of the on site and off site land dedications.. The value of the on site land dedication shall be based upon its value as a civic site. This contribution shall be used to offset the identifiable impacts directlyattrib'_ltable tr.:1 this prr.:',,iect. If ~r,1 e.ff site land or ca5h contribution is accepted by Palm Beach Cou~ty. petitioner shall be deemed to have ~atisfied the intent of Zoning Coda Section 500.21. H. Petition No. 87-~2 Pat;le 5 treOlure co~t regional planniQg council ,...--,~ / - ,," d /)..L~, r~~ / 0.( t,'V 1......./ November 29, 1988 Mr. Carmen Annunziato Director of Planning City of Boynton Beach 200 N. Seacrest Boulevard Post Office Box 310 Boynton Beach, FL 33435 S1.1hj ect = Boynton Beach Mall Development of Regional Impact Substantial Deviation Dear Carmen: Council staff received the sufficiency response for the Boynton Beach Mall Development of Regional Impact Substantial Deviation Application for Development Approval on November 28, 1988. You should have received a copy of the sufficiency response directly from the applicant also. If you have not yet received it, please contact me immediately. Council now must review the sufficiency response for informational sufficiency within 30 days from date of receipt. We would like your comments on sufficiency as well as any other comments you may have that you wish Council staff to consider during the review of this sufficiency response. Please submit your informational sufficiency questions and/or any other comments to me in writing so that they are received on or before Wednesday, December 14, 1988. We look forward to your input, and if you have any questions, please do not hesitate to contact me. Sincerely, r L~~~ DRI Coordinator RECEIVlID NOV 30 1988 PLANNiNG DEPT. LCB:lg - - 3228 s.w. martin downs blvd. suite 205 . p.o. box 1529 palm city, florlda 34990 phone (407) 286.3313 Jim mlnlx chairman thomas g. kenny, III vice chairman John acor secretary/lreasurer danlel m. cary executive director r' ~CITY of BOYNTON BEACH !'iil,' ~ y" ~J. , ':;--, ~ ----: - -- .-- --- '--'- >I,lIjI.,..1' ~F'~EE~'="~EeE ' ,lJ;':';~)I' C-'- l --- -- .' "'~"B ' , Ii: --: - ~~;.. 'g'{"J - , : i ,~, <~-:;; '~~ ~ ~~n!':,:l' ,~..,.,.~.::=~ ' . ; ,~~/ ,- t4 -.., ,~1~,_ ~ ~ ..,~~~., . .~,._...-,,!,. ;.~.,..,._.. ,-... 200 N. Seacrest Blvd. Post Office Box 310 Boynton Beach, FL 33435 (407) 738-7.490 OFFICE OF THE PLANNING DIRECTOR 6 October 1988 Cormac C. Conahan, Esquire Hodgson, Russ, Andrews, Woods & Goodyear Suite 400 2000 Glades Road Boca Raton, FL 33431 Dear Mr. Conahan: It has come to my attention that the DeBartolo Corporation,~ould like an explanation concerning the proposeq $2,700 fee for pro- cessing the Appiication for Development Approval fpr the Boynton Beach Mall Substantial Deviation. ' Although it is true that the City has no fee structure in place for processing Developments of Regional Impact, it is customary for applicants requesting Development Orders to offset the City's direct cost and overhead for processing all requests. In order to arrive at an equitable fee, I instructed my staff to compute the total hours necessary to process the Application for Development Approval. This totalled 36 hours of staff time, which includes th~ hours necessary for the Technical Review Board to conduct its review. I than multiplied the total number of hours by $30 an hour :which is an approximated average wage and benefit com- pensation for the City's technical employees. This figure was then ,multiplied by 2.5 to cover overhead such as advertising, which can be very expensive,as you know. I hope that this letter helps to clarify this matter, and that the City will, in short order, be receiving an appropriate fee. :.j: .._.._-----------,--"~-~, .' Cormac C. Cohahan Page two If, after you receive this letter you have any questions, please feel free to contact me at your convenience. Very truly yours, CITY OF BOYNTON BEA~H e~-. --- ~ Carmen S. Annunziato, AICP Planning Director Ibks cc: City Manager Assistant to the City Manager Central File Senior City Planner '';~~:~ . ...- __________,.'___'_'m' " l' \~iner Greiner, Inc. P.O. Box 31646 5601 Mariner Street Tampa, Florida 33630-3416 (8131 286-1711 FAX: (8131 287-8591 C1519.00 September 19, 1988 Ms. L. Christine Beditz, DRI Coordinator Treasure Coast Regional Planning Council Post Office Box 1529 3228 S.W. Martin Downs Blvd., Suite 205 Palm City, Florida 34990 Reference: Boynton Beach Mall - Development of Regional Impact/ Substantial Deviation Dear Ms. Beditz: Thank you for your prompt transmittal of Sufficiency Review Comments on the Amended ADA for the above referenced project. Your letter, dated September 14th, was received on September 16, 1988. As required by Section 380.06 (1 O)(b), Florida Statutes, please be advised that we intend to respond to the comments received. In my initial review of the comments received from Palm Beach County Department of Environmental Resources Management, I noted a reference to a letter to Mr. Cary dated April 14, ]988 regarding the Pine F]atwoods area. This letter was not included in your comments nor has a copy previously been provided to Greiner or the Applicant. I would appreciate it if you could send us a copy of this letter for our use in addressing the County's comments. Thank you for your cooperation. Sincerely, GREINER, INC. ~ M. . L- ''_ Thomas ~ Associate Vice President T AM:sw xc: David H. Curl Dick A. Greco Gerald G. Williams Mac Conahan Carmen Annunziato Robert Higgins REC:rIVED ':' -. ') . 1988 PLA1\i\'ola,.u DEPT~ ~ ~ .... treQlure co~t regional planniQg council September 22, 1988 Mr. Thomas A. Marsicano Associate Vice President Greiner, Inc. P. O. Box 31646 5601 Mariner Street Tampa, FL 33630-3416 subject: Boynton Beach Mall Development of Regional Impact Dear Tom: Enclosed is a copy of the April 14, 1988 letter from the Palm Beach County Department of Environmental Resources Management which was referenced in the sufficiency review for the Boynton Beach Mall Development of Regional Impact substantial deviation. I apologize for its omission. Sincerely, ( U~ Y~t~~ L. Christine Beditz ~ DR! Coordinator LCB:lg Enclosure vee;: Carmen Annunziato R,ECEIVED ..:: J >:~~ 1988 . pI.. " I"~ ; "I E PI. ; d to..:,; L..I -----~- .. 3228 s.w. martin downs blvd. suite 205 . p.o. box 1529 palm city, f10rlda 34990 phone (407) 286.3313 Jlmmlnlx chairman !homas g. kenny, III vlce chairman John acor secretary/treasurer danlel m. cary executive director - ',C;>"oi A. Roberts, Chair . Calol J. Elmquist, \'ice l lrman Karen T, ~larcus Dorothv 'vV'ilken Kenneth .\1. .-\dams Jan \-\linters DepMtmem of Environmental Resources .\\anagemt I{ichard l:, \\' alesky, Dirl April 14, 1988 Mr. Daniel Cary Director Treasure Coast Regional Planning Council P.O. Box 1529 Palm City, Florida 33490 ~,'~' ~~~~M~,',_~ ': \ J -,:~"'-', -. :', '. j I ~'l \ t. . . .", -., -. " J .,..1 ., , ' '~ '- -.... r', 1 ~ ~, ." " -': i 'J' l ,','~ ,.,~, " ....; APR 18 1988 Dear Mr. Cary: T.~.,.~:~~ ~_...,~ ~~~'~~JJ\L h....t..a..;;1....... "'!l. ........ ...__1....1" PU!~~~~:~.i C~:::i\;JL We wish to inform you of our concerns regarding the proposed expansion of the Boynton Beach Mall. We understand that a preapplication meeting has been held with the applicant, the City of Boynton Beach, and representatives of regulatory and natural resource agencies. We also understand that the Treasure Coast Regional Planning Council has determined that the proposed expansion would be a substantial deviation from the previously approved Development of Regional Impact (DRI), and that the applicant will request amendment of several components of the original development order. One component is a requirement for preservation of a 9.7-acre tract of slash pines that presently provides a natural buffer between the mall and the Pine Acres residential subdivision immediately to the west of the mall. The preservation of this area was a condition for approval of the DRI, and was included in the development order issued by the Palm Beach County Board of County Commissioners. The applicant also has requested that the City of Boynton Beach annex this tract. The Boynton Beach City Commission approved this annexation at its AprilS, 1988 meeting. We believe tDat the pine area must be preserved. The reasons for the preservation of this area, for its own ecological value and for its value as a buffer area for the subdivision, remain the same as initially determined during the DRI process. This area should be preserved regardless of ownership of the tract or adjacent land use changes, consistent with the terms of the development order. Ve understand that rezoning would be required for the tract to be used for expansion of the mall. If the annexation is approved by the Board of County Commissioners, but the tract is not rezoned to be consistent with the City's zoning and comprehensive plan, the proposed development of the tract would be governed by County regulations. If rezoning is considered by the County or the City, the tract should be rezoned to a conservation or recreation land classification, to protect the vegetation and prevent development of the tract. 3 [II SOLlTH DIXIE HWY.. SLlITE 146 WEST P.'\L\\ BE:\CH, HORIOt\. 33+05 (305) 820-4011 ,~ ",.-..., , ) Mr. Daniel Cary Page 2 Previous plans for the mal~ proposed by the owner indicated the potential for construction of a parking garage. This type of structure could be accomodated elsewhere on the present mall site, as an alternative to the use of the pine ,area for provision of additional parking. Ve recommend that the above options be investigated as part of the DRI review process, and that the pine tract be preserved intact, as required in the development order. Please feel free to contact us if you have any questions regarding our comments. Richard E. Walesky Director treOlure co~t regional planniQg council September 14, 1988 FEDERAL EXPRES S Mr. Thomas A. Marsicano Associate Vice President Greiner, Inc. P. O. Box 31646 5601 Mariner Street Tampa, FL 33630-3416 subject: Boynton Beach Mall Development of Regional Impact Substantial Deviation Dear Mr. Marsicano: The Application for Development Approval (ADA) for the Boynton Beach Mall Development of Regional Impact (DRI) Substantial Deviation has been reviewed by Council staff for informational sufficiency. The ADA contains insufficient information for the Council to perform the regional impact assessment required under Section 380.06(12), Florida Statutes. The attached report indicates the information which is being requested in order to complete the application. Section 380.06(10) (b), Florida Statutes, requires that within five working days of receipt of the sUfficiency statement you must notify the Council and the ci ty of Boynton Beach as to whether or not the requested information will be supplied. If you do intend to provide the information requested, you must do so within 120 days or the application will be considered withdrawn. This 120-day time limit may be extended if agreed to by both the applicant and Council staff. When we determine that the application and supplemental information are sufficient or we receive notice that no additional information will be provided, we will notify the City of Boynton Beach that the public hearing date may be set. Upon receiving notice from the City that the hearing date has been set, we will begin our 50-day review period. Staff will be happy to discuss any issues or' ques~ons raised by this letter with you. If you have any questions1(~Ir~PV1~ request, please do not hesitate to contact me or cli:?t~-'B~~ Council's DRI Coordinator. SE? 16 1988 PLANf>Jil1u DEPT. - - 3228s.w. manln downs blvd. suite 205 . p.o. box 1529 palm city, florlda 34990 phone (407) 286-3313 Jlmmlnlx chairman thomas g. kenny, III vice chairman john aoor secretaryltreasurer danlel m. cary executive director Mr. Thomas A. Marsicano Greiner, Inc. September 14, 1988 Page Two /~/ /" S inf2ce;, , ,~ ' { A I~~r~ \~ Dan l~. caryl - Executive DirEtctor DMC/LCB: 19 Attachment cc: Jim Minix Lisa smith James Stansbury Marion Hedgepeth Bruce Offord Bruce Seiler Al Grasso Sam Shannon Randy Whitfield Charles Walker Stan Redick Richard Walesky Carmen Annunziato DETERMINATION OF INFORMATIONAL SUFFICIENCY FOR BOYNTON BEACH MALL DEVELOPMENT OF REGIONAL IMPACT SUBSTANTIAL DEVIATION APPLICATION FOR DEVELOPMENT APPROVAL Prepared by Treasure Coast Regional Planning Council Staff September 14, 1988 I. Boynton Beach Mall Development of Regional Impact Substantial Deviation Application for Development Approval (ADA) contains insufficient information for the Treasure Coast Regional Planning Council to discharge its responsibilities under Subsection 380.06(12), Florida Statutes. II. The information listed below is requested. Question 12. PROJECT DESCRIPTION 1. The original Development Order for the Boynton Beach Mall issued by Palm Beach County (Resolution R-74-343) required the developer to "preserve the pine area located on the subject property." This pine area is on "parcel #7," which is the subj ect on the Annexation Agreement executed between the City of Boynton Beach and the developer on April 7-8, 1988. The preserve area is recognized by the Annexation Agreement. Exhibit A of the Agreement identifies the parcel as being 5.83 acres in size, and this is the figure used throughout the ADA. However, Exhibit B of the Agreement shows an area identified as Parcel 7 as being 6.92 acres in size. There is another notation indicating Canal Right-of-way as 2. 36 acres. Is the specific acreage of Parcel 7 approximately 6.92 acres, of which 2.36 acres is Canal Right-of-way, leaving 4.56 acres of pine? Or is 6.92 acres of Parcel 7 the pine area, and 2.36 acres is Right-of-way, making the total acreage of Parcel 7 to be 9.28 acres? Please explain what the figures 5.83 acres, 6.92 acres, and 2.36 acres represent for Parcel 7. Question 13. AIR 1. Please respond to Question 13 (AIR) as provided in the ADA at the preapplication meeting (copy attached). If the modeling information is not included within the ADA and review process, it has previously been recommended for inclusion as a condition of the Development Order in order to address air quality concerns in Palm Beach County, which is designated as a nonattainment zone for ozone. Question 18. VEGETATION AND WILDLIFE 1. The application states that the pine flatwoods on site contain blue stem palmetto (Sabal minor), a species listed by the Florida Department of Agriculture and Consumer Services as threatened. However, the habitat description provided in the ADA suggests that this plant may have been misidentified. Is this plant really the silver morph of the saw palmetto (Serenoa repens)? Question 22. DRAINAGE 1. Council requires a surface water management system that provides a level of treatment at least equivalent to that provided by retention or detention with filtration of the runoff from the three-year, one-hour storm event or of the first inch of runoff, whichever is greater. Using these terms, what level of storm water treatment is currently being provided by the surface water management system on the mall site, and what level of treatment is proposed after the project is completed? 2. Council policy requires that post-development runoff volumes not exceed predevelopment runoff volumes for a storm event of three days duration and 25-year return frequency. In these terms, please indicate what are the pre- and post-development runoff volumes for the entire project site. 3. The Drainage Map (Map G) does not show any outfall water control structures on the two southernmost retention ponds on the east side of the project site. Are there any water control structures on these ponds? If not, please describe where the water flows when these ponds overflow. III. Please respond to all items on the attached Information Adequacy Statement from the South Florida Water Management District. Please respond to all items in the attached letters from: 1. 2. 3. 4. Florida Department of Environmental Regulation Palm Beach County Metropolitan Planning Organization Palm Beach County Office of the County Engineer Palm Beach County Department of Environmental Resources Management IV. Please provide all information requested in II and III above on revised or new pages for the ADA. All revised or new pages should show the revision date. Provide a cover letter indicating where responses to each question within the text are provided and indicating the nature of the response. Attachments 13. Environment and Natural Resources: Air A. Complete Table 13-A. Please utilize methodology supplied by the Florida 'Department of Environmental Regulation 1n their Draft Interim Guidance for Evaluating the Air Quality Impacts of Indirect Sources of Carbon Monoxi de Em' SSl on to estimate by phase and in parts per million the one-hour and eight-hour carbon monoxide concentrations expected through buildout. Provide a map illustrating the carbon monoxide dispersion modeling study area and locate receptor stations. Modeling assumptions should consider State, federal and local government programmed link and intersection improvements with respect to project phasing. Please provide verification of any assumptions used in modeling which consider such programmed improvements. B. What steps will be taken to reduce emissions and to minimize adverse air quality impacts? Please specify structural or operational measures that will be implemented by development to minimize adverse air quality impacts. C. What steps will be taken to contain fugitive dust and asbestos particulates in the event demolition of existing on-site structures is proposed? D. Please specify what additional action will be taken, and by whom, if an exceedance(s} of air quality standards occurs as a result of development. -/3 - So.. So..'= taO (1)== >- I So.. (1)= VI 0 ta== ..c: I Q.. - So.. = ~So..O Uta== (1)(1) I ...., >- 0 V) So..N :z Q.. 0 - I- ~ 0:: I- :z I.&.J U :z 0 u I.&.J Cl - X 0 So.. :z = 0 So.. 0 :E: ta== (1) 1 :z 0 CO 0:: ~ U I- U I.&.J ...., 0 0:: Q.. ~ I C"'1 - c: Q) 0 ..- ..... .c ta I- VI Q) U So.. = o VI ~ c: ta VI Q) VI ta ..c: c.. Q) ~ ta ~ o = E OSo..~ U 0 ~ U~ 0 ta c.. ~ Q) ..- o U..... ~Q)~ So...c >. So.. ..c: ~ tauta VI to VI Q) Q) U So.. Q) 0 c: ~ ..... :3 """ c: 0 ~ ~ So.. to c: to ~ Q) 0 Q) ~ V) U..... U~ c: So..~ So.. c: to So.. ::l U ~ ::l ~ O-i< OQ)OO V) ~(1) V) VI V) So.. U So.. ..- Q) Q)So.. Q) Q)tO.;:.o: ta ~ U::l c: ~Q)U ~ to Q)O c: So.. to 0 ~ 0:: V) .....J-~co l- V) -/~- >. U c: to c.. ::l U U o VI Q) to ..- .c Q) to ~ ..- .c to to ~ ~ ~ Q) ~~gJ c:..... e: to :> ::l c..OVl >( So.. VI I.&.JQ..~ -i< SL'"\uth Florida "'later iVlanagement District Tilfr -Lohn R, Wodraska, Executive Director Creel, Deputy Executive Director Post Office Box 24680 3301 Gun Club Road West Palm Beach. Florida 33416-4680 Telephone (407) 686-8800 Florida WATS Line 1-800-432-2045 ::----. .~- ~-'- - ,-- --~ J;, IN REPLY REFER TO: ......: SEP 15 1988 T;::I._;:---: -~"~.' .... r-_~"~ i , ~ .." '-,JI Via Purolator Courier September 14, 1988 Pi.;:"uduJ ~~:jl\~~fL L. Christine Beditz, DRI Coordinator Treasure Coast Regional Planning Council 3228 SW Martin Downs Boulevard, Suite 205 Palm City, FL 33490 Dear Ms. Be~ tz: aU- Subject: Boynton Beach Mall SFWMD DRI No. 88-289 First Sufficiency Review District staff have reviewed the Application for Development Approval to amend the Boynton Beach Mall Development of Regional Impact, and determined that the following areas require additional information and/or clarification: Question 22: Public Facilities: Drainage 1. Commercial projects are required by the District to provide dry pretreatment. How will dry pretreatment be provided for the Sears retail store and automotive repair facilities additions to the Boynton Beach Mall? If dry pretreatment cannot be provided, what provisions can be made in order to ensure that runoff from areas where hazardous materials are used and stored will not enter the surface water management system? 2. The applicant has proposed 1500 linear feet of 6011 diameter culvert to replace the relocated section of the Lake Worth Drainage District1s L-23 canal. How was the size of the culvert derived? How were potential off-site and upstream impacts considered? Were impacts to unpermitted drainage systems evaluated? 3. Please provide documentation from the lake Worth Drainage District that demonstrates their knowledge and acceptance of the relocation of a section of l- 23 and the replacement of same with 1500 linear feet of culvert, as described in the Application for Development Approval. Nancy H, Roen Chairman - Plantation J,D, York Vice Chairman' Palm City Nathaniel P Reed Hobe Sound Oscar M, Corbin, Jr Ft. Myers Arsenio Milian Miami Fritz Sleln Belle Glaoe James F, Garner Fl Myers Mike Stout Windermere Doran A, Jason Key Biscayne L. Christine Beditz September 14, 1988 Page 2 If you have any questions regarding the South Florida Water Management District's review of the Boynton Beach Mall DRI, please contact Lisa Smith, DRI Review Program Manager. SJL/lsc cc: Thomas A. Marsicano Sincerely, JOA'-- &(~ , Sara J. Lockhart Supervising Professional Land Development Review Resource Control Department ...., ...., ',/~ ...o'c/~.q('" ~~--'- ~~, ~ ~ Q ~ -,' <::., """" - ~ _.- f' "" ,-:>' <( .... 1 ~ ' - ....,a )/1.., ,!\.iI, ~I O'i,1~L.;.f' ~ '.~-/','~'(/ , '''' If".- '. -;., /' ""',..1:".\ ~<l1 / J'~~n~ / "~ Florida Department of Environmental Regulatio'J Southeast District. 1900 S, Congress Ave" Suire A. Wesr Palm Beach, Florida 33,+06. ,+0-:-,96+96< Bob Martinez, Governor Dale Twachtmann, Secn::tarv John Shearer, ,...SSlSt3m Secn::tar Scott Benvon, Deputv ....SSIStant Secret September 6,1988 Ms. L. Christine Beditz Treasure Coast Regional Planning Council 3228 S.W. Martin Downs Blvd., Suite 205 P.O. Box 1529 Palm CitYJ Florida 33490 --- ;--= '.- .. . -'- '.... ; Subject: Boynton Beach Mall-Amended ADA Dear Christine: I have reviewed the Amended Appliication for Development Approval (dated August 15, 1988) referenced above and have the following comments: 1. Public Facilities: Drainage. The relocation and culverting of Lake Worth Drainage District Canal L-23 will require a DER Dredge and Fill Permit. In the review of your Dredge and Fill Permit Application, the Department will examine the loss of habitat and possible water quality degradation. I would suggest that you apply for the application concurrently with your proposed amendment changes. If you have any further questions regarding the Department's comments, please feel free to call me at (407)964-9668 or SUNCOM #221-5005. Sincerely, ,,'~ Marion Y. Hedgepeth ! DRI Coordinator, MYH:mh:88 cc: South Florida Water Management District, Lisa Smith Thomas A. Marsicano, GreinerJ Inc. Rob Robbins, Palm Beach County, DERM METROPOLITAN PLANNING ORGr\N1ZATION OF PALM BEACH COUNTY 160 Australian Avenue, SUite 301, West Palm Beach, Florloa 33406 Tel i3051 634,4170 ,,-- .--...-.., _....-... September 12, 1988 r--.... ...-- -' "" \ .' l ~ i=' 0 ',; ','.:',~8 ...;...1 _.J ...;u Ms. L. Christine Beditz,DRI Coordinator Treasure Coast Regional Planning Council P. O. Box 1529 Palm City, Fl 34990 Subject: Boynton Beach Mall Development of Regional Impact Substantial Deviaiton T:.... . _ ,,~~ - '0, ...,. . ... ,-"ria. ~ :....~,..,..'...,i ~.,:.. .~ i~ .....iL Dear Chris: The staff of the Metropolitan Planning Organization has reviewed the amended Development of Regional Impact Application for Development Approval for the Boynton Beach Mall and offers the following comments for your consideration. MaDS J-2 and J-3 Map J-2, 1988 Average Annual PM Peak Hour Traffic Volumes, should include all links that are significantly impacted by the development. For instance, Military Trail between Old Boynton West Road and Hypoluxo Road is significantly impacted by the Boynton Mall (between 5 and 11 percent) and should therefore be included in the analysis. General Comments Palm Beach County and the MPO accept the Circular 212 as the standard procedure for analyzing intersection capacity. It is suggested that the Region's recommendations for development approval include those improvements required to maintain Level of Service C based on the Circular 212 analysis. I trust these comments will be helpful to you. Sincerely Yours, , , ' Teresa P. Cantrell Senior Planner cc: S. Shannon C. Walker PO Box 2429, West Palm Beach, Florida 33402,2429 . BQard of County Commissioners . Carol :'I.. Roberts, Chair Carol J, Elmquist, Vice Chairman Karen T. \larcus Dorothy Wilken Jim \\' an County Administra Jan Winters Department of Enginee and Public \V arks H. F, Kahlert County Engineer Ms. L. Christine Beditz DR! Coordinator Treasure Coast Regional Planning Council 3228 S.W. Martin Downs Blvd. Suite 205 - P.O. Box 1529 Palm City, Florida 34990 SUBJECT: BOYNTON BEACH MALL DRI SUBSTANTIAL DEVIATION r, ~ ,,-,.,......, <:-.-. -~,' -"J, ", f'_" -;- J "__ . . :.:; : ....,j 1;. - , ...~! h. SEP -: 3. 1;83-' ... . '... r-."': ,,,: "? ~ ~!IIJ ~ ..., ..., Tr....~~;.^...:. , ~__j ;;._............ut.. k"i.n.~..;.~~ C;l~j.i~:~ Dear Ms. Beditz: The Palm Beach County Traffic Division has reviewed the substantial deviation application for development approval (ADA) for Boynton Beach Mall and would like to submit the following comments for your consideration: Table 31.1 & 31.2 1. The source for the "Total ADT" volumes shown in these tables is ci ted as II Pa 1 m Beach County". These volumes do not, however, correspond to any published by the County for either the 1987 or the 1987-88 year. No 1988 year ADTs have yet been published. 2. The diamond interchange critical movement analysis program should be used to analyze the I-95/Boynton Beach Blvd. intersection. 3. How was "mall peak hour volume" derived for each existing roadway 1 ink? 4. "Daily capacity" should be shown at LOS 'C", not LOS 'E' and "peak hour capacity" at LOS '0', not LOS 'E'. This will allow for direct compari son with accepted Treasure Coast Regi ona 1 Pl anni ng Council (TCRPC) standards. 5. Lawrence Road (Boynton Beach B1 vd. to Lantana Rd.) is on the County's Thoroughfare Plan and should be considered in the analysis. A 1 so, the sect i on of 01 d Boynton Road between Congress Ave. and Boynton Beach Blvd. should be considered since it acts as a collector road and provides a short cut to the Mall from 1-95. 6. Some of the existing peak hour link volumes which were factored from turning movements appear low when compared with adjacent road segments and with County data on file. For example, the following links all show peak hour volumes that are only about 6% or less of da i1 y vol umes (rather than somethi ng closer to the 9% average experienced throughout Palm Beach County): .. ..\n Equal Opportunity' :\ffirmative .-\ctian Employer" BOX 2429 WEST PALM BEACH, FLORIDA 33402-2429 (407) 684-4000 page 2 Congress Ave. (south of Golf Rd.) Military Trail (south of Boynton Beach Blvd.) Boynton Beach Blvd. (west of Military Trail) Boynton Beach Blvd. (Military Trail to Winchester Park Blvd.) Boynton Beach Blvd. (Old Boynton Rd. to 1-95) Woolbright Rd. (Congress Ave. to 1-95) Table 31.7 7. What turn lane improvement is recommended by the Circular 212 Method for the lIeastbound" movement at the Congress and Old Boynton intersection? Table 31.9 8. The roadway annual growth rates in this table are incorrectly calculated because the historical ADTs shown do not represent a one- year growth period. What is shown as the "1988 ADT" in the table is, in fact, the 1987-88 ADT and represents only 6 months growth from the "1987 ADT". The consultant therefore needs to double all of the growth rate percentages shown in order to derive growth for a 12-month period. It would be preferable, however, to consider a longer historical time period as a more accurate (minimizing the impact of unusual yearly fluctuations) basis upon which to derive growth rates. The County requires that a 3 year time period be considered in significant project traffic studies done pursuant to Ordinance 87- 18 (Traffic Performance Standards). In any event, the consultant will need to rework Table 31.9 and change Tables 31.5 and 31.6 accordingly. MaD J-S 9. It does not seem realistic for a "Regional Mall" of this size to draw only 17.8% of its traffic from 1-95. In fact, the rapidity with which traffic disperses on this map appears to be more characteristic of a neighborhood or community shopping center than a regional mall. The application of the NCHRP Report #187 gravity model distribution technique should be adjusted in recognition of the type of shopping trip attraction that a "regional mall" represents and in consideration of the market areas of competing regional malls. Table 31-13 10. The "mall expansion traffic % of LOS 'C'" column should be changed to "mall expansion traffic % of LOS 'Dill for the peak hour because LOS 'D' is the TCRPC peak hour standard. page 3 Your transmittal of this report for our comments is appreciated. Please do not hesitate to contact me if you have any questions. Sincerely, OFFIC~O THE COUNTy ENGINEER // 22.~/ L ~ Allan A. Ennis, P.E. Development Review Engineer AAE:te cc: Randy Whitfield, P.E., Director, Palm Beach County MPO Carmen Annunziato, AICP, Planning Director, City of Boynton Beach file: SID - DeBartolo Mall Board of County Commissioners County Administrato Jan \\'inters Carol :\. Roberts, Chair Carol J. Elmquist, Vice Chairman Karen T. \-larcus Dorothv \Vilken Jim Watt Department of Environmental Resourcl ,\\anagemcnt September 12, 1988 [ ~ ~~~t:'""") fi f',:,'~' :-, ,,-".' ~:~ : =\//~. , , ".,~. ~ '..j l:'S ' r\: :'; .- <11) , '"-- S E P 1 4 1988 Mr. Daniel M. Cary, Executive Director Treasure Coast Regional Planning Council 3228 S.W. Martin Downs Boulevard Suite 205, P.O. Box 1529 Palm City, Florida 34990 T:"'-~".._- ~~. "'1 "'-"'~'JllL J~~~f.ot""A''':' :... ...tJ' ~"'~~"UIiH "" ". , ".....~u r ~..u~.~ Y..t~..ii,,,, ~ _____...J Dear Mr. Cary: The Palm Beach County Department of Environmental Resources Management (ERM) has reviewed the substantial deviation Application for Development Approval (ADA) for the Boynton Beach Mall Development of Regional Impact (DRI). We have no objection to the modification of the mall to allow the construction of an additional anchor department store. However, we do oppose the proposed reduction of the pine flatwoods preserve, located in the northwest corner of the site, to accommodate the additional parking estimated by the applicant to be needed for the operation of the new store. We believe that a parking garage could be constructed to provide the necessary number of parking spaces without the destruction of a significant portion of the pine preserve. Previous Palm Beach County Actions Related to the Proposed Project In our previous letter to you on this project, dated April 14, 1988, we stated our position that the pine flatwoods tract should be preserved, as required in the original development order issued by the Palm Beach County Board of County Commissioners (Development Order Resolution No. R-074-343, issued on May 7, 1974). We further noted that previous plans for the mall proposed by the applicant indicated the potential for construction of a parking garage, and recommended that this option be investigated as part of the substantial deviation review process. Residents of the Pine Acres subdivision, which is located immediately west of the mall and the pine preserve, appeared before the Board of County Commissioners on May 10, 1988 to express their concerns regarding the possible loss of the preserve. At that time, members of the Board expressed their support for continued preservation of the preserve and stated their intent to support the requirements for the preservation of the pine tract in the County's review of the ADA. Therefore, we wish to reaffirm our continued support for the preservation of the entire pine flatwoods tract in its present location. Potential for Setting of a Precedent Allowing the destruction of a portion. of the preserve at the Boynton Beach Mall site could set a precedent for the loss of portions or all of future 3111 SOUTH DJ\:Jl: H\\'y'. SlIlTl-: 1+6 \\'EST j'.\L.\\13l-:,\CH. FLUH.ID,\ 33+0S (+O"i) H20,+011 SU:\CU.\\ 2+;,+011 Mr. Daniel M. Cary Page 2 September 12, 1988 preserves set aside as conditions for the approval of future DRls, if the developers or owners decide they need more space for other uses. Unless such conditions are adhered to in perpetuity, such areas are not truly preserved. Effects of the Proposed Reduction of the Pine Flatwoods Preserve According to the information presented in Table 12.2 of the ADA, 42% of the existing pine flatwoods area would be removed to permit the relocation and culverting of Canal L-23 and the development of additional parking spaces. The removal of this portion of the existing pine flatwoods ecosystem would result in the loss of that amount of habitat for the species of wildlife that presently live, feed, or breed on the site. The disturbance caused by the removal of the vegetation and the relocation of the canal also could result in the elimination of some of these species permanently from the site, because there is no adjacent area from which replacement animals can repopulate the amount of the preserve remaining. The disturbance of the soil structure and composition of the area to be cleared could prevent some species of plants or animals from repopulating the site, because some of the soil- or plant-related conditions or factors they require as part of their environment might no longer be present. The value of the remaining habitat for wildlife would be reduced because of the decrease in the total size of the preserve. It also is likely that the vegetation remaining would function less efficiently as a visual screen and buffer to reduce the noise and visual impacts on the Pine Acres subdivision than the present preserve, due to the reduction in the width of the buffer area, and thus the density of the vegetative community. Additionally, the disturbance and subsequent replanting activities could favor the invasion of the disturbed area by nonnative species. Although 2.42 acres of the present pine flatwood area would be developed, only 0.14 acres would be replanted with pine trees. This is approximately 5.8% of the area lost, or a 0.06-1.0 mitigation ratio -- a very low rate. Projects that involve mitigation for habitat loss typically provide, at a minimum, one acre of replacement habitat for every acre of existing habitat destroyed or degraded. The shrubs, grasses, and herbs, which constitute a significant portion of the vegetation on the site and provide food and other habitat needs for wildlife, would not be replaced. Although it is stated in the ADA that three pine trees would be replanted for everyone lost, the increased number of trees does not compensate for the lost acreage of habitat, and in fact may not be desirable because of the density of the planting and the likely even- age status of the trees to be used. The species diversity of the site (number of species present and variety of types of species) and the structural diversity of the plant community would be reduced. The loss of -this diversity would reduce the value of the site for wildlife. Any additional vegetation to be planted to the east of the relocated canal probably would function more as landscaping for the parking area than as habitat or a food source for the animals of the pine preserve or a visual buffer to the residential subdivision. Landscaping is not replacement of lost habitat. Mr. Daniel M. Cary Page 3 September 12, 1988 The variety of ages of trees also could be reduced. Animals need trees and plants of different ages at different times of the year for feeding, breeding, nesting, etc. Dead trees (known ~s snags) are a natural part of the pine flatwoods ecosystem; they provide perching, nesting, and denning sites for a variety of animal species, as well as habitat for insects that are an important food source for many species. Species that require snags may no longer be able to use the site. Use of Nonnative Landscape Plants The significant deviation application indicates that the right-of-way along Javert Street, on the western border of the pine preserve, would be planted with pongam (Ponqamia pinnata) trees, a species not native to Florida. This landscaping activity is not desirable if a natural preserve area is to be maintained. It would reduce the residents' view of the native vegetation and is likely to facilitate the introduction of other nonnative plants and animals. If the pine flatwoods area is intended to be a preservation area for native vegetation and wildlife habitat, nonnative species such as pongam should not be planted on the site. Also, some authorities state that pongam seeds are poisonous if consumed; therefore, it would be advisable not to use this species where the seeds would be accessible to small children, such as adjacent to a single-family residential subdivision. Problems Due to Lack of Adequate Site Maintenance It is noted in the significant deviation that the pine flatwood area has been used as an illegal dump, apparently for a number of years, and that debris and waste ranging from trash and tree trimmings to an automobile chassis is present. Regardless of the extent of the pine preserve, this material should be removed by the owners or operators of the mall, and the area checked periodically to ensure that it is being maintained in a state conducive to the preservation of the habitat value of the natural ecosystem. It should not be degraded in quality through use as a waste disposal site. Ecological Value of the Pine Preserve Although the pine preserve has not been identified as a high-quality native ecosystem in the Inventory of Native Ecosystems being conducted by consultants for Palm Beach County, it is one of the last remaining tracts of pine flatwoods in the central and south-central sections of the county. Therefore, it provides valuable habitat for wildlife because of the scarcity of this type of habitat in the county. The Florida Natural Areas Inventory has ranked this ecosystem as vulnerable to extinction, both statewide and globally, because of the relatively small amount that remains. ~, Mr. Daniel M. Cary Page 4 September 12, 1988 Recommendations for Conditioning of the Development Approval The significant deviation application does not consider alternatives to the removal of a portion of the pine preserve, such as the provision of the required parking elsewhere on the mall site. One alternative that should be considered is the construction of a parking garage, preferably in a portion of the mall site away from the preserve, so that the noise and other impacts associated with the garage would not adversely affect the preserve and its component species. We recommend that the development approval be conditioned to require the preservation of the existing pine flatwoods preserve in perpetuity, the maintenance of the preserve to prevent waste-related problems, and the construction of a parking garage. Thank you for the opportunity to comment on the ADA. Please contact me or Kathleen Brennan of my staff at (407) 820-4011 if you have any questions regarding our comments. Sincerely yours, 1 ~ ',' .r, (' /' ,./ h '/' l' I . : ' / C::J, 1(. L P , (.,~u...1 '-vet..v~./--1 '- - ,(.,- Richard E. Walesky, Director Environmental Resources Management cc: Commissioner Karen Marcus Commissioner Carol Roberts Commissioner Carol Elmquist Commissioner Dorothy Wilken Commissioner James Watt Jan Winters, County Administrator Sam Shannon, Assistant County Administrator Ms. Rebecca Martin, Pine Acres Dr. Frederick Cichocki, Coalition for Wilderness Islands / f'- l Board or County Comm_jioncrs . \ Carol A. Jl.oberts, Chair , Carol J. Er.duist, Vice Chairman "K' 'I'M arcn , arclIs Dorothy Wilken Jim Watt County Administrator Jan Winters Department of Engincering and Public 'vVorks I L I;, Kahlcrt County Engineer Ms. L. Christine Beditz DRI Coordinator Treasure Coast Regional Planning 3228 S.W. Martin Downs Blvd. Suite 205 - P.O. Box 1529 Palm City, Florida 34990 SUBJECT: BOYNTON BEACH MALL DRI SUBSTANTIAL DEVIATION Council Dear Ms. Beditz: The Palm Beach County Traffic Division has reviewed the substantial deviation application for development approval (ADA) for Boynton Beach Mall and would like to submit the following comments for your consideration: Table 31.1 & 31.2 1. The source for the "Total ADT" volumes shown in these tables is cited as II Pa 1 m Beach County". These volumes do not, however, correspond to any published by the County for either the 1987 or the 1987-88 year. No 1988 year ADTs have yet been published. 2. The diamond interchange critical movement analysis program should be used to analyze the I-95/Boynton Beach Blvd. intersection. 3. How was "mall peak hour volume" derived for each existing roadway 1 ink? 4. IIDaily capacity" should be shown at LOS 'C", not LOS 'E' and IIpeak hour capacityll at LOS 'D', not LOS 'E'. This will allow for direct compari son with accepted Treasure Coast Regi onal Pl anni ng Council (TCRPC) standards. .. 5. Lawrence Road (Boynton Beach Blvd. to Lantana Rd.) is on the County's Thoroughfare Plan and should be considered in the analySi's':'----,:,.,....,.,.:~,-:--','..,,',.... Al so, the section of Old Boynton Road between Congress .tIicer:JftrEIV,.tt'u Boynton Beach Blvd. should be considered since it ac~~ ,- , collector road and provides a short cut to the Mall from 1-95. ~," sl5E8'14 ' ~o Some,of the existing peak hour link volumes which ,were f~ctoredTrom, ""'"10(-, turm ng movements appear low when compared Wl th adJ acen~@I~E:f't; s~gments and with County data on file. For example, the fo<~ow1n'g", _,_' ,_~_ llnks all show peak hour volumes that are only about 6% or~"''''-uf-- ..- ~-' daily vol umes (rather than somethi ng closer to the 9.% -average experienced throughout Palm Beach County): 6. "An Equal Opportunity' Afrirmativc Anion [;mploycr" BOX 2429 WEST PALM BEACH, FLORIDA 33402-2429 (407) 684-4000 ~ page 2 Congress Ave. (south of Golf Rd.) Mil itary Trail (south of Boynton Beach Bl vd.) Boynton Beach Blvd. (west of Military Trail) Boynton Beach Bl vd. (Mil itary Tra il to Wi nchester Park Bl vd.) Boynton Beach Blvd. (Old Boynton Rd. to 1-95) Woolbright Rd. (Congress Ave. to I-95) Tabl e 31. 7 7. What turn lane improvement is recommended by the Circular 212 Method for the lIeastboundll movement at the Congress and Old Boynton intersection? Table 31.9 8. The roadway annual growth rates in this table are incorrectly calculated because the historical ADTs shown do not represent a one- year growth period. What is shown as the 111988 ADTII in the table is, in fact, the 1987-88 ADT and represents only 6 months growth from the "1987 ADT". The consultant therefore needs to double all of the growth rate percentages shown in order to derive growth for a 12-month period. It would be preferable, however, to consider a longer historical time period as a more accurate (minimizing the impact of unusual yearly fluctuations) basis upon which to derive growth rates. The County requires that a 3 year time period be considered in significant project traffic studies done pursuant to Ordinance 87- 18 (Traffic Performance Standards). In any event, the consultant will need to rework Table 31.9 and change Tables 31.5 and 31.6 accordingly. MaD J-5 9. It does not seem realistic for a IIRegional Mall" of this size to draw only 17.8% of its traffic from 1-95. In fact, the rapidity with which traffic disperses on this map appears to be more characteristic of a neighborhood or community shopping center than a regional mall. The application of the NCHRP Report #187 gravity model distribution technique should be adjusted in recognition of the type of shopping trip attraction that a IIregional mallll represents and in consideration of the market areas of competing regi onal ma 11 s. Table 31-13 10. The "mal' expansion traffic % of LOS 'C'" column should be changed to IImall expansion traffic % of LOS '0'11 for the peak hour because LOS 'D' is the TCRPC peak hour standard. page 3 Your transmittal of this report for our comments is appreciated. Please do not hesitate to contact me if you have any questions. Sincerely, OFFICE 0 THE COU~f ENGINEER ~ 71- L Allan A. Ennis, P.L Development Review Engineer AAE:te cc: Randy Whitfield, P.E., Director, Palm Beach County MPO ~Carmen Annunziato, AICP, Planning Director, City of Boynton Beach file: SID - DeBartolo Mall lreQ/ure co~t regional planniog council August 22, 1988 Mr. Carmen Annunziato, City Planner city of Boynton Beach 211 S. Federal Highway Boynton Beach, FL 33425-0310 3~:bj ~ct: Boyr1ton na~A.ch 1.1ull De"tvJ'e.loF'm~::t . Substantial Deviation w~ Dear M~ziato: of Rag~onal "f""""-":). ,.~1- ...~LLl7'c.:.;..- - e council staff received the substantial deviation Application for Development Approval (ADA) for the Boynton Beach Mall Development of Regional Impact on August 18, 1988. You should have received a copy of the substantial deviation ADA directly from the applicant also. If you have not yet received it, please contact me immadiately.. Council now must review the substantial deviation ADA for informational sufficiency within 30 days from date of receipt. We would like your comments on sufficiency as well as any other comments you may have that you wish Council staff to consider during the review of this ADA. Please submit your informational sufficiency questions and/or any other comments to me in writing. on or before Friday, September 9, 1988. e We look forward to your input, and if you have any questions, please do not hesitate to contact me. Sinc~:c;;.':ly , ~~~k~ L. Christine Beditz DRI Coordinator D~~ .I.~ ,<, ~- 'I' ~r___ '~..r:~'..;,:"",,,. l:~"_,:. -'"'\. LCB:lhb AUG "'.;,' ."n-. ....v 'l~:J : 1.;, 1>1 ,Ill', , i;!.,~l11,if~'li ,-- ~ r- ,~"'i'...i,. ' 'l.J~:, ~~ ~ ' ~"If""- ~~..,o,~ ~~ 3228 s.w. martin downs blvd. suite 205 . p.o. box 1529 palm city, florlda 34990 phone (407) 286.3313 Jim mlnlx chairman thomas g. kenny, III vice chairman John acor secretaryl1reasurer danlel m. cary executive director Greiner Greiner, Inc. P.O. Box 31646 5601 Mariner Street Tampa, Florida 33630,3416 (813) 286,1711 FAX: (813) 287-8591 C1519.00 August 15, 1988 Ms. L. Christine Beditz, DRI Coordinator Treasure Coast Regional Planning Council Post Office Box 1529 3228 S.W. Martin Downs Blvd., Suite 205 Palm City, Florida 34990 Mr. Carmen Annunziato, City Planner City of Boynton Beach Planning Department Post Office Box 310 N.E. 2nd Avenue Boynton Beach, Florida 33425-0310 Reference: Boynton Beach Mall - Development of Regional Impact Amended Application for Development Approval Dear Ms. Beditz and Mr. Annunziato: On behalf of The Edward J. DeBartolo Corporation, Greiner, Inc. is pleased to submit this Amended Application for Development Approval (AADA) for the Boynton Beach Mall Development of Regional Impact. With this letter, we are certifying that copies of this DRI application have been provided to the individuals on the attached transmittal list. Every effort has been made to assure that this application contains the most complete and accurate information available at this stage of the planning process for the Boynton Beach Mall. In order to facilitate a thorough and timely review of the AADA, please feel free to contact me for responses to any questions you may have. Sincerely, GREINER, INC. .~4 'Ad ", tit ~ ~ A. Marsicano Associate Vice President T AMsw Enclosures - '~f:.. . "') II,)", ;>,1)", \iV,"" r'lllll 13"'wl1 Flmid" 334(~? 74nl .. , I / I, I ' CITY of BO'YNTON BEACH t I I (.~,;. ,..., ~,;. , ',-- 200 N. Seacrest Blvd. Post Office Box 310 Boynton Bea~h, FL 33435 (305) -738-7490 __._.. ___0- .~__ " ;r-L;"~~""liW_~:=_:-=_~ : ~"~;~'.SJ~: ,_'_ "~. ".i. ':,:"~'~:~~;E~~ill~ 'i-'=a~~\:: ~~"t! --"~ ~2~:~liliJ.~~~~~~ ~~~~~ .~.~.~::~,.::-, ;J,..:-' .....::..: .=.:~-~ OFFICE OF THE PLANNING DIRECTOR 30 June 1988 Mr. Randy Coen Group Manager/Land Planning Greiner, Inc. P.O. Box 31646 Tampa, FL 33630-3416 Dear Mr. Coen: The purpose of this letter is to respond to your request for information on the status of roadway improvements in the trans- portation impact area of the Boynton Beach Mall. To that end, please be advised of the following: 1. In this year's s~tbUdget, 7.2 million dollars was appropriated to b . ding the interchange at 1-95 and N.W. 22nd Avenue. Con ruction is to commence in 1989 if , 'the appropriation i not vetoed by the Governor. 1. West Boynton Beach Boulevard is currently being expanded from two to six lanes from Winchester Park Boulevard to the E-3 Canal. ~- Congress Avenue from West Boynton Beach Boulevard to Lake Worth Drainage District to Canal 28 is currently bein9 expanded from two to six lanes. Old ~oynton Road is soon to be realigned at its inte~section with West Boynton Beach Boulevard. Woolbright Road is soon to be constructed from Congress Avenue to the alignment of Knuth Road which runs behind the Mall; and, Funding for an interchange at Boynton Beach Boulevard and Florida's Turnpike is in the current state budget. ~. 1. ~ If, after you read this information, you have any questions, please feel free to contact me at your convenience. Very truly yours, CITY OF BOYNTON BEACH CSA/csd cc: Central File Carmen S. Annunziato, AICP Planning Director j v, Greiner Greiner, Inc. P.O. Box 31646 5601 Mariner Street Tampa, Florida 33630,3416 (813) 286,1711 FAX: (813) 287,8591 C1532.00 June 24, 1988 Mr. Carmen Anonziato 120 N.E. 2nd Avenue Post Office Box 310 Boynton Beach, Florida 33425-0310 Reference: Boynton Beach Mall Dear Sir: In accordance with the Regional Planning Council's policy to verify all roadway improvements within the transportation impact area of Boynton Beach Mall, a letter is required from the appropriate agency stating the current status of the planned roadway improvements. Please review and verify the current status of the planned transportation improvements shown on the attached exhibit. These improvements were listed in Palm Beach County's current five-year Road Program, with the exception of the improvement to 22nd Avenue. Your prompt response will be greatly appreciated, due to our accelerated time schedule to submit this document. Sincerely, GREINER, INC. ~~ Randy Coen Group Manager/Land Planning RC/SP:sw A ttachmen t . RECEIVED JUN 27 1988 PlANNING DEP}L l' ,2 LANE 4 LANE ~ FY 8 -88 .~~~~~r~~~~~~~~~~~~~~~~~~~;~~~~~~~;~;~::::::::;~~~;~;~;~;~;~;~;~~~~~;~;~;~;~;~;~;;~~~;~;~;~:::~;~;~;~~~ ." ."." 'I" .... HYPOlUXO ,'.0,' ,', ',' 0" '.' ," '.' .' '. Li~2 LANE TO 4 LANE ..::f) FY 87-88 /"",,;;;i:"::'::::';;'{ uJ > c .......... ........... ............ ..... .... ..;.:.........0...0.................'... .:.:.:.:~:.:.:.:.:.:.:":.... ..:..... .:.:.:[:.:.:.:.:.'.'..'. 2 LANE TO 4 LANE FY 87-88 (C urrently Under Construction) ~ ~ BLVD. .'if.' :.::::::::::::::: MANOR i!!~ {:.:.:.:........:.:.:.:.:.:.:.L2 LANE ~ iii FY 87-88 1111;""., """",J",,,,,,,:, L.A~; =1,=~~A:sT .::: ::.:.:.:::::.:::.:.:..:.:::.:.:.:.:::.:.:.:.:.:.:.:.:.:.:.:.:.:.:.:..:.:.:.:.:.:::..:.:::::.:::.:.: RD. NEW BOYNTON EACH > a: c ... ::; 2 ::: ::: ".' ... '.' " 2 LANE TO 4 LANE-iH: ~. FY 87-88 t !!OOLBRIGHT IC urrently ::er Conslrucl~n) I\\n\: RD :::: ::: .... "." ....0,' "'000' .... ",' ,.'.0.' :.: :.: Grei nero Inc. ST. w ... c ~ a: w ~ ... to UI a: u c UI to 8.W. 16TH. AVE. . NOT TO SCALE BOYNTON BEACH MALL City of Boynton Beach. Aorida LEGEND ~~:~:~:~:~:~:~:t Roadway Improvements FY 87-88 - Year Planned For Construction ROADWAY IMPROVEMENTS THE EDWARD J. DeBARTOLO CORPORA nON _ ,,-ounty Comr ,oners - ' "........ . KJJI i T, Iv1arcus, District I Carol A. Roberts, District 2 Carol]. Elmquist, District 3 :>rothv Wilken. Oistrkt 4 ' I'\cnncth :\1. Adams, District 5 Count)' Attorne)' GMY .\1. BrJl1dl:l1lH1r~ ~ 8'/ ri'J HAY 27 1988 May 24, 1988 Dan Cary, Executive Director Treasure Coast Regional Planning Council 3228 S.W. Martin Downs Blvd. Suite 205 Palm City, FL 33490 Dear Dan: Much concern has been raised in Palm Beach County regarding a recent annexation by the City of Boynton Beach. It has been brought to the attention of the Board of County Commissioners that the recent annexation includes a 9.2 acre area designated as a preserve area in 1974 pursuant to a development of regional impact reviewed and approved by the South Florida Regional Planning Council. I am attaching correspondence which has been forwarded to the Board regarding this preserve area. Pursuant to Section 171.062, Florida Statutes, an area annexed by a municipality is, once annexed, subject to all laws, ordinances, and regulations in force in the municipality upon the effective date of the annexation. However, the County's land use plan, zoning and/or subdivision regulations remain effective until the area is rezoned to comply with the City's Comprehensive Plan. Id. As you know, a development order constitutes a land development regulation, applicable to the property. Significantly, if a property which is the subject of a development order pursuant to a DRI is annexed by another local jurisdiction, the annexing jurisdiction must adopt a new development order that incorporates all previous rights and obligations specified in the prior development order. See Florida Statute ~380.06(15) (1987). I have also enclosed a copy of the County's Resolution' approving the DRI and requiring the preservation of the 9.2 acre preserve. Accordingly, it is the County's position that since the preserve was a condition of the previous development order and the City .. An Equal Opportunity. :\ffirmati\'C! Action Employer" ~. I ~. G. BOX 1989 WEST PALM BEACH, FLORIDA 3U02-1989 (407) 820-2225 Suncom 245-2225 / Dan Cary May 24, 1. J Page 2 / of Boynton Beach's new development order must incorporate the condition setting aside the 9.~cre area preserve. Please keep me informed as to the status of this matter and let me know if I may be of any assistance regarding same. Sincerely, Baird County Attorney TJB:vmb Encl. CC: Chris Beditz, DRI Coordinator, Treasure Coast Roger Saberson, Esq. Gary M. Brandenburg, County Attorney William G. Capko, Asst. County Attorney Sam Shannon, Asst. County Administrator A9tion Center ~oard of County Commissioners Fred Cichocki, Ph.D., Coalition for Wilderness Islands ~ Greiner TRANSPORTATION METHODOLOGY STATEMENT BOYNTON BEACH MALL Substantial Deviation A Regional Shopping Facility April 29, 1988 The Transportation Methodology statement which follows has been prepared to fully address the current and projected traffic conditions associations with the existing Boynton Beach Mall and the planned expansion of this commercial development. The mall currently provides 1,108,000 square feet GLA and the proposed expansion would increase the facility by 131,488 square feet, to provide a total of 1,239,448 square feet GLA. It is anticipated that the expansion will be complete in 1989. Exhibit 1 provides a graphic depiction of the existing development, while Exhibit 2 depicts the expansion of the mall. In addressing the transportation impacts of the mall and its proposed expansion two separate, yet related, analysis procedures must be completed. The first is the regional impact analysis which is required as a result of the mall expansion triggering a substantial deviation review and necessitating a Development Order Amendment. The second analysis procedure relates to the mall expansion and the Traffic Performance Code of Palm Beach County (Ordinance No. 87-18). The traffic methodology outline which follows addresses the methodoloical assumptions which will be used in response to Question 31 of the Substantial Deviation review and the completion of the Significant Impact Traffic Study required by the Traffic Performance Code of Palm Beach County (while the project is located , . z) I' I' I ~-c--=~~!~~:-:~~~~!_---J]tt=--------------~.-, T 1 Ma" Ace... Dd.. ':0:' I" . ~ .. -~---. ' I' II L.,. .D.~~.~~, I. I "'< '----1 , I , all' ~i /"""i .... I ~ ~! 'I .,.,.,.,.,.,.,.,.,.,.,.,., I~ ~! I,' .. .. .. .. , .. .. " all' ~I' I 01, I I. Moll AcceSS_l2!i..v!,)j I: \: \' I _'. ----- 1 ',-" ] I . ~ W.W.A. : \~ I nJ! ; : I ---------1 L' -. _ _ _L..._ 0' ........- SCALE 36S' r , I: ,/ 'L' I I . I _______J___ .__________J ,. -... .. I I _____..1___ ... -- CONGRESS AVENUE --------. r-- ------ - -------- --- --- ---------- - ------------------ I I I I LEGEND: W.M.A. - WATER MANAGEMENT AREA Approved Project 1,108,000 Sq. Ft. GlA BOYNTON BEACH MALL PALM BEACH COUNTY, FLORIDA APPROVED SITE PLAN EDWARD J. DeBARTOLO CORPORATION GREINER, INC. EXHIBIT 1 II " 'I JAVERT STREET I i I ,....______________________J I I/r;;==-- I . "" I I ~ W.M.A. ] Moll Ace... Drive A I:' . ~ II, ~il:' I : Zlll ~ll Zl ~I' mIll I . I ' 9t 0', I' I , I ' . 11_4 Moll Access_l2!~!_B...J I -----" I', I ' I I I I ! I: , I IlL" I ' I ' I ' .__________1 -------:J.-:-- eo _::_~-1_-_- CONGRESS AVENUE --------. r-- ---- --- ----- ------ -- - - ---------- ------------------ I I I' , ~-------------------r T' \. _uF!.tip.cJlt,if. 9_._n..~'- f~~_F!./_~___ I ~ I II ~ . I~ \ I : I, I ' I : I~I : fool ,-- -- W.M.A. II~ !-: ~) I --Jj ! L-----~--- -~ --~--~.---Ll_L_ z) 0' ......- SCAU 36" , ............. . . . . . . . . . . . . . ............. ........... ............. . . . . . . . . . . . . ............ ............ ............. ............ LEGEND: W.M.A. - WATER MANAGEMENT AREA I-'l'////'I - PROPOSED DEPARTMENT STORE Propoud Project 1,230,448 Sq. Ft. GLA BOYNTON BEACH MALL PALM BEACH COUNTY, FLORIDA PROPOSED SITE PLAN GREINER, INC. EDWARD J. DeBARTOLO CORPORATION EXHIBIT 2 in the City of Boynton Beach, it has been requested and agreed that a traffic analysis would be prepared and submitted in accordance with the County Code). It is the intent of the Applicant to prepare one transportation analysis which will satisfy the procedural requirements of both the Treasure Coast Regional Planning Council, (TCRPC), and the Traffic Performance Code of Palm Beach County (Code). All analyses will be completed using(i985 Highway Capacity Manua) procedures.' CT/l(JJ(JA'L t..1 ~ Studv Area The study area for this transportation analysis will be composed of the significant roadway links and associated significant intersections where project traffic will equal or exceed the thresholds established by TCRPC or the Code. Roadway links and intersections will be identified based upon their appropriateness for review under either TCRPC policies or Code standards. Existinll. Traffic Conditions Existing transportation conditions will be identified for each of the roadway links and intersections analyzed within the study area for daily and p.m. peak hour conditions. It is requested that the a.m. peak hour analysis be waived since the mall is not open for business during the a.m. peak hour. Daily traffic (ADT) data will be obtained from Boynton Beach, Palm Beach County, and Florida Department of Transportation. This data will be augmented where necessary by traffic counts conducted by Greiner, Inc. P.M. peak hour data will be provided based upon turning movement counts obtained from the agencies previously identified, or counts conducted by Greiner, Inc. Planned and/or programmed improvements will be identified. along with improvements identified as the responsibility of other developments within the study area. The TCRPC analysis will focus on peak season traffic conditions, while the Code analysis will focus on average annual traffic conditions. Future Backe.round Traffic Conditions Future year traffic conditions without the project will be identified for 1989. Future year background traffic will be composed of anticipated general growth and traffic increases associated with the construction of other major developments identified by TCRPC. Boynton Beach and/or Palm Beach County. While other major development traffic will be based on available information, general background growth will be based on historical trends with appropriate adjustments to avoid double counting of other major development traffic. P.M. peak hour traffic and daily traffic will be provided for 1989. These traffic .conditions will be provided for both the average annual and peak season traffic conditions. Trio Generation Trip generation rates for the existing mall will be developed based on actual counts conducted at all mall entrances. Raw count data will be adjusted to reflect average annual conditions based upon data presented in the Institute of Transportation Engineer's Information Report - Trip Generation, Fourth Edition - 1987. Using the curvilinear relationship of trips to retail square footage GLA identified by ITE and the existing mall trip rate, a projection of trips associated with the mall expansion will be identified. Internal/External Solits Internal/External splits will be developed in a fashion similar to the trip generation criteria. This data will be developed based on actual count data conducted at the mall to identify the percentage of combined trips between the mall and adjacent developmen ts. Passerby capture rates will be those identified using ITE procedures provided in the previously referenced source. Future modal split data will rely on data provided by the local government, if public transit services are to be provided. Private transit service currently accesses the site. However, due to the seasonal nature of this service it will not be considered in the context of this analysis. Trio Distribution Within the immediate area of the site, mall traffic will be distributed based upon existing turning movement counts conducted at each of the mall entrances. Based on this immediate distribution pattern, a gravity model developed by Greiner, utilizing procedures outlined in the National Cooperative Highway Research Program (NCHRP) Report #187 _ "Quick Response Urban Travel Estimation Techniques", will be used to further distribute trips within the market area. The gravity model is based upon the projection and distribution of residential population within the primary trade area and the various impedience factors which effect thcir travel opportunities/times to the site. Future Traffic Conditions - With Proiect Based upon the trip generation, internal/external split and trip distribution data developed above, project traffic will be added to future year background traffic to establish the total expected transportation demands placed upon the study area roadway network. This data will be developed for both the average annual and peak season 1989 traffic conditions. Planned, programmed, and committed roadway and intersection improvements will be included in this analysis. The percentage of project traffic, relative to applicable level of service policy will be provided for all studied roadway links. This data will also be provided for significant intersections, based upon applicable level of service policy. / ..:;f ~ of r__ -:::rs c:.-.0 - ...a 0 r =~~ Roadwa v /Intersection Imorovements As a result of the transportation analysis, roadway and intersection improvements will be identified for all facilities found to be deficient. TCRPC policy requires that roadways operated at LOS C daily and LOS D peak hour for average annual conditions and LOS D daily and peak hour during peak season conditions. Palm Beach County Traffic Performance Standards require that roadways and intersections operate at LOS C during average annual conditions. Improvements will be identified, if warranted, to maintain these level of service policies where appropriate. Public Transit This question will not be addressed in detail unless significant changes are slated to occur in the public sector mass transit status. However, a statement will be provided indicating the Applicant's interest in working with local officials to accommodate public transit on-site, should it become available. The Applicant currently provides access opportunities for a private transit company. 9J-2.024 V. 4, p. 958 DEPARTMENT OF COMMUNITY AFFAIRS t;, , ~{anagemenL Copies of the application, Form DSP-BLW~I-II-76, may be obtained from either agency, The application should be filed in accordance with the local government's applicable proce1iures and as early as possible in its planning or permitting approval processes, (a) If a proposed 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 for development over an extended period of time, the de-.'eloper may file an application for master development approval of the project pursuant to Paragraphs 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 Section 9J-2.029, Florida Administrative Code, (d) If a developer has e1ecteri to proceed in an optional coordinated review process, 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 detennination as to the sufficiency of the information contained in the application. (a) If the agency determines that the application is sufficient to begin review, the agency shall provide written 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(11), Florida Statutes, and that a public hearing date may be set, (I>) 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 of the application stating that the application rontains insufficient information for the agency to discharge is responsibilities under Subsection 380,06( 11), Florida Statutes, and requesting additional information, Within five working days of the recei pt of the statement the applicant shall pro~-jde written notice to the llxal government and the agency that the requested information will be supplied, or will not be supplied, in whole or in part. Upon receipt of the requested information, or written notice that the reques'ed information will not be provided, the agency shall provide written notice to the local governTllenl and the applicant pursuant to Paragraph 380,06(9)(c), Florida Statutes. (c) The regional planning agency shall provide copies of agency req uests for additional information and the applicant's response to the Division of Local Resource Management. Specific Authority 20,05, 120,53(1), 380,032(2), 380,06(22) FS, Law Implemented /20,53(1), 380,021, 380,06(5)-(9), (20), (21) FS, His/ory-New 7-7,76, Amended 5-4-83, Formerly 27F-/,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 ()f regional impact. The notice shall specify where the fnformation and reports on the development of 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 Au/hority 20,05, /20,53(1), 380,032(2), 380,06(22) FS Law Implemented /20,53(1), 380,02/, 380,06(/0) FS History-New 7.7-76, Amended 5-4-83, Formerly 2'7F,/,21, Formerly 98-16.23, 9J-2.024 Regional Report and Recommendations. (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 R.ECEf\l~}T:) ~ I t MAR3~ PLANNiNG DEPT, \ ( ( treOlure co~t regional planniQg council March 23, 1988 Mr. Thomas A. Marsicano Associate Vice President Greiner, Inc. P. O. Box 31646 5601 Mariner street Tampa, FL 33630-3416 Subject: Boynton Beach Mall Development of Regional Impact Substantial Deviation Dear Tom: This is to summarize the preapplication meeting of March 8, 1988 for the Boy ton Beach Mall Development of Regional Impact (DRI) Substantial Deviation. The change to the approved DRI involves the addition of 131,448 square feet of retail use, the relocation of a canal, and the addition of parking space. Several substantive as well as procedural matters were discussed. The following are major substantive issues raised: Habitat. Veaetation and wildlife There was discussion about the relocation of the canal which will have to be routed through an area of pine trees currently required to be preserved by the Development Order. The City representative indicated that there is concern over the loss of the preserved trees. A list of acceptable replacement species for replanting is available from the City. There was also discussion about landscaping in the parking lot, and the need to buffer the parking area from the residential area to the west by a, vegetation/tree ..buffer or by a, permanent wall.. Discussion about the wall included the possibility of a break in the wall so nearby residents might walk to the mall. Drainage and Water Oualitv The representative from the Department of Environmental Regulation (DER) indicated that a dredge and fill permit will be required in order to relocate the canal. The DER representative also expressed concern that culverting the relocated ditch will lower the volume 'of water that can reach the C-16 canal and will decrease the recharg~~]~yef=~ther. The suggestion was made ..UD 25 lf1,lf: 3221 sow. martin clown. btvd. IYInI\ v u .,. suit. 201 · p.o. box 15Z9 /. ,,_ . palm city, ftorIda 34990 PLANNiNG DLPT. phon. (407) 286-3313 jlm mlnlx chairman thornas g. kenny, HI vice chalnnan _..._...._-~ '""-"'".....,...-----~. john acor HOJetary/tNaSurer ~ dan"l m. cary executive director Palm Beach, County Traffic staff and the Metropolitan Planning Organization (MPO) would both like to see the Mall's substantial deviation traffic meet the County's traffic performance standard. Both the MPO and County will work to provide the applicant with background traffic counts, County Thoroughfare Right-of-way Protection Plan, current TIP, and any other pertinent data. The DER has new air quality impact guidelines available (dated January 1988). It was indicated by the DER representative that links and intersections projected to operate at Level of Service E or F by buildout of the substantial deviation will require modeling. February 19, 1988 treQlure co~t regional planniQg council Mr. Carmen Annunziato Planning Director City of Boynton Beach P. O. Box 310 200 N. Seacrest Boulevard Boynton Beach, FL 33435 Subj ect: Boynton Beach !..fall Development of Regional Impact Substantial Deviation D ~t-- ear -Mr. AnnUh~ .La 0: Council staff has scheduled a preapplication meeting for a substantial deviation to the Boynton Beach Mall, a previously approved Development of Regional Impact (DRI) in the City of Boynton Beach in Palm Beach County. The meeting will be held in Council's office at 3228 S.W. Martin Downs Boulevard, suite 205, Palm City, FL 34990, and will convene at 10:00 a.m. on Tuesday, March 8, 1988. This preapplication meeting is being held pursuant to section 380.06(19), Florida Statutes, which requires further development-of-regional-impact review for a substantial deviation to a previously approved DRI. We would like to invite you, or another representative of your agency, to attend the meeting in order to better coordinate this additional DRI review process with your agency's responsibilities and interests. We will identify the specific information the applicant will need to provide in order to assess the impact of the proposed project change. You will have an opportunity to explain your agency's permitting requirements and identify major issues of concern to the agency. Hopefully, this will aid the applicant in designing a project compatible with your interests and eliminate any unnecessary delays in reviewing the substantial deviation. ~ The proposed change is described in the enclosed information pro~ ided by: the appl icant. Al ~hough th7re are not ......Jl8lEI'V~ E' n copl.es aval.lable, you may reVl.ew Councl.l 's copy 04f.'\.Ji1\a. "., ~ original Application for Development Approval at our office or request a copy from the applicant. You may also revi~~ ' ~ copy of Council's assessment report and recommendationS'~ 22 :t~ our office. ~PLANNjNG DEPT. -. T'- -'-,...-. 3228 s.w. martin downs blvd. suite 205 . p.o. box 1529 palm citl,l, Rorida 33490 phone (305) 286-3313 karen t. marcus chairman jim minix vice chairman thomas 9. kenny, III secretorv/treasurer daniel m. cory executive director Boynton Beach Mall is located in the northwest quadrant of the intersection of Congress A venue and Old Boynton Road in the city of Boynton Beach, Florida. Under the existing Development Order, the approved project includes 1,108,000 square feet GLA and a total of 5 major department stores. The approved site plan is depicted in the attached Exhibit 1. The proposed expansion would add a 6th major department store to the west side of the development. This would increase the total project area to 1,239,448 square feet GLA or an increase of 131,448 square feet. The proposed site plan is shown in the attached Exhibit 2. HODGSON, Russ, ANDREWS, WOODS & GOODYEAR ATTORNEYS AT LAW 2000 GLADES ROAD, SUITE 400 BOCA RATON, FLORIDA 33431 (305) 394,0500 PARTNERS ADMITTED IN "L.ORIOA PARTNERS NOT ADMITTED IN FLORIDA RICHARD ,,6.. GOETZ. CHARLES T. BARKER * RICHARD E. HEATH WILLIAM H. GARDNER ANTHONY L. DUTTON STEPHEN M. NEWMAN JEROME D, SCHAD DIANNE BENNETT PAMELA DAVIS HEILMAN DIANE J. MCMAHON GARRY 1'01, GRABER MELISSA M. MAY ..JAMES A. PORTER * CORMACC,CONAHAN. DONALD C. LUBICK CHARLES ..J, HAHN H. KENNETH SCHROEDER, .JR. JAMES M. WADSWORTH ROBERT B. CONKLIN PAUL R. COMEAU RICHARD F". CAMPBELL ..JOHN P. AMERSHAOIAN MARK G. SPELMAN MARK S KLEIN ARNOLD T. OLENA GORDON ,6,. MACLEOD ROBERT M. WALKER DAVID E. HALL CHRISTIAN G. KOELBL, m JAMES w, GRESENS KARL W. t<RISTOFT DANIEL R. SHARPE ALLEN H. BEROZA DAVID KOWALSKI DAVID A, F'ARMELO COLLETTE C, GOODMAN PAUL I. PERLMAN ANNE SMITH $IMET .JERROLD S. BROWN KENNETH P. FRIEDMAN PETER A. MUTH SUSAN ..J. EGLOFF WILLIAM C. MORAN LOUIS A. NAUGLE ASSOCIATES ACMITTED IN F'LOAIDA LARRY CORMAN .. ALICE A. ..JOSEFFER .. RESIDENT IN FLORIDA LAWRENCE F. BEYER .. January 27, 1988 The Honorable Nick Cassandra Mayor of the City of Boynton Beach Pineland Plaza 211 S. Federal Highway Boynton Beach, Florida 33435 Dear Mayor Cassandra: Re: Boynton Beach Mall Annexation VICTOR T. FUZAK RALPH W. LARSON .JOHN C. BARBER. ..JR. HARRY G. MEYER LANCE ,J. MADDEN DANIEL M. DARRAGH ROBERT W. KELLER WARD B. HINKLE F. WILLIAM GR....Y. m STEVEN D. SCHNEIDER ROBERT B, F'LEMING, JR, TODD M. ..JOSEPH GARY M. SCHOBER KENNETH F. BARONE TERRY c. eURTON CRAIG M. INDYKE EDWARD C. NORTHWOOD TIMOTHY P. ..JOHNSON RICK W. KENNEDY As you know, the undersigned is the authorized agent for Boynton-JCP Associates, Ltd. and the Lake Worth Drainage Dis- trict. At the August 18, 1987 meeting, the annexation was tabled to give Dick Greco an opportunity to meet with the county resi- dents. We have met preliminarily with the county residents. However, we have not completed our discussions with them. There- fore, we request that the annexation request be tabled to the next Commission meeting, February 16, 1988. Very truly yours, ~t?eL Cormac C. Conahan mf copy to: Peter L. Cheney, City Manager ~. '... "f;"'>, .,-': ~ L,_,_, ' ,.r~.:.J r' ~-'. r' ....,..... .~-~-- "-'- 1800 ONE M & T PLAZA BUFFALO, N. Y. 14203 (716) 856,4000 2208 ONE FINANCIAL PLAZA FORT LAUDERDALE, FLORIDA 33394 (305) 764,2440 1401 NEW YORK AVENUE, N, W, ~ASHINGTON,D.C.2000~ (202) 347, 9898 H~.JGSON. Russ, ANDREWS, WOODS & GOODYEAR ATTORNEYS AT LAW 2000 GLADES ROAD, SUITE 40D BOCA RATON. FLORIDA 33431 (305) 394-0500 PARTNERS ADMITTED IN F"LORIOA PARTNERS NOT ADMITTED IN F"t..ORIDA CLARENCE OBLETZ * RICHARD A. GOETZ lit CHARLES T. BARKER * RICHARD E. HEATH WILLIAM H. GARDNER ANTHONY L. DUTTON STEPHEN M. NEWMAN JEROME D, SCHAD DIANNE BENNETT PAMELA DAVIS HEILMAN DIANE ..1. MCMAHON GARRY M, GRABER MELISSA M, MAY ..JAMES A. PORTER III CORMAC C. CONAHAN * DONALD C. LUBICK CHARLES J. HAHN H. KENNETH SCHROEDER. JR. ..JAMES M. WADSWORTH ROBERT B. CONKLIN PAULR. COMEAU RICHARD F. CAMPBELL JOHN P. AMERSHADIAN MARK G. SPELMAN MARK S. KLEIN ARNOLD T. OLENA GORDON A. MACLEOD ROBERT M. WALKER DAVID E. HALL CHRISTIAN G, KOELBL, m JAMES W, GRESENS KARL W. KRISTOFF" DANIEL R. SHARPE ALLEN H. BEROZA DAVID KOWALSKI DAVID A, F"ARMELO COLLETTE C, GOODMAN PAUL I. PERLMAN ANNE SMITH SIMET JERROLD S, BROWN KENNETH P. F'RIEOMAN PETER A. MUTH SUSAN J, EGLOF"F" WILLIAM C. MORAN LOUIS A, NAUGLE ASSOCIATES ADMITTED IN FLORIDA LARRY CORMAN * ALICE A, JOSEF"F"ER . RESIDENT IN F'LORIDA LAWRENCE F. BEYER * VICTOR T, FUZAK RALPH W. LARSON JOHN C, BARBER, JR, HARRY G, MEYER LANCE J, MADDEN DANIEL M. DARRAGH ROBERT W, KELLER WARD B. HINKLE F. WILLIAM GRAY, m STEVEN D, SCHNEIDER ROBERT B, F"LEMING, JR, TODD M, JOSEPH GARY M, SCHOBER KENNETH F'. BARONE TERRY C, BURTON CRAIG M. INDYKE EDWARD C, NORTHWOOD TIMOTHY P. JOHNSON RICK W. KENNEDY October 1, 1987 C'[""''''''-' RE, ' " ....,t ~\ _'_r."'- The Honorable Nick Cassandra Mayor of the City of Boynton Beach Pineland Plaza 211 S. Federal Highway Boynton Beach, Florida 33435 OCT 2 ~str( PLANNil\\c~ DEPT. Dear Mayor Cassandra: Re: Boynton Beach Mall Annexation As you know, the undersigned is the authorized agent for Boynton-JCP Associates, Ltd. and the Lake Worth Drainage Dis- trict. At the August 18, 1987 meeting, the annexation was tabled to give Dick Greco an opportunity to meet with the county resi- dents. We are preparing our presentation for the county resi- dents. Because we have not yet met with the county residents, we request that the annexation request be tabled to the next Commis- sion meeting, October 20, 1987. Very truly yours, ;(ttL- Cormac C. Conahan mf copy to: Peter L. Cheney, City Manager 1800 ONE M ~ T PLAZA BUFFALO, N. Y. 14203 (716) 856 ,4000 2208 ONE FINANCIAL PLAZA FORT LAUDERDALE, FLORIDA 33394- (305) 764,2440 1401 NEW YORK AVENUE, N, W, ~ASHINGTON.D.C.2000~ (202) 347, 9898 CITY of BOYNTON BEACH ~ ..... " @.120E.BOynton , . , , P.O. Box 310 . -L"~' Boynton Beach, -;;/J& Beach Blvd. - ~;..::.-=-r- - --~ ---s-- t:Y).jl1fl:"J, :.~~-!O!E;"'''''~l!'I~~1: ! : : ~~l, I r-- . · :~')o-;;=""',~~~EEe;,~e,~ . j,.., I~II ~ . ~~ = ~~.~.~;; ~-~~!~ t~ '~ ~ . d~'-" Florida 33425-0310 (305)734-8111 September 22, 1987 Mr. Boyd Kohl ALL STAR CENTURY 21 REALTY 274 North Congress Avenue Boynton Beach, FL 33435 RE: 7.7 Acres West of Boynton Mall Dear Mr. Kohl: I am responding to a letter from Commissioner Wilken that she wrote in response to a telephone conversation you had with her office concerning annexation of land in the area of Boynton Beach Mall. At a recent Mayor and City Commission meeting concerning this matter representatives of the Boynton Beach Mall developer requested that the matter be placed on the table so that the Mall representatives will have an opportunity to discuss their proposal with many of the property owners west of the Mall so other property owners would have a clear understanding of the intents and plans of the Mall developer relative to this proposed annexation. Residents west of the Mall appeared at a recent Commission meeting, expressed their concerns, and raised questions about the annexation and, thus, the Mayor and City Commission is aware of the attitudes of many of the residents and will, obviously, take their comments into consideration when the annexation matter once again comes before the Commission. If you have any further questions, please let me know. PLC/nk Sincerely, Q;', / (l.te"/f. cfef./'ltZQEIV ED City Manager ' SEP sa_ P\,At",N, lN~,P,:~~,~ <' 't."" ' ~ ~' : ='""'" _~_~a,--- ~ ~",,~;""---..>-..-" cc: Commissioner Wilken Mayor City Commission Carmen Annunziato Central File JO~.J.Q.:.122'O" :....~ .,JN44 \\ie-st-;~~J;'lI Orth OJive AVt'nut' m B~ach, Fl J340 J 305'B20-2204 I' ~:3{~ ~.: ~.~ ~-.!:-:; ~'" ~~p .. ~'.'~ ..-~ ,..". .:~ i ~\ \ \. \ " ...'-: .-- . ..,," ,. HODGSON, Russ, ANDREWS, WOODS & GOODYEAR ATTORNEYS AT LAW 2000 GLAOES ROAD. SUITE BOCA RATON, FLORIDA 3 (305) 394,0500 ~ 4<5~/JU~ ~/ ~~ <:~ A. ~.~~. ~~~ ~A~__._ Q~ #....... _ ' '-lJ ----- - ~(..~........ ~ PARTNERS AO....ITTED IN "'LOAIOA CL.ARENCE OBL.ETZ . RICHARD A, GOETZ . CHARLES T. BARKER. RICHARD E. HEATH WIL.L.IAM H. GARDNER ,ANTHONY L. DUTTON STEP'HEN M. NEWMAN JEROME D, SCHAD DIANNE BENNETT PAMELA DAVIS HEILMAN DIANE ..I. MCMAHON GARRY M. GRABER MELISSA M. MAY ..JAMES A. PORTER. CORMAC C. CONAHAN. DONALD C. LUSICK CHARLES ..). HAHN H. KENNETH SCHROEDER. .JR. ..JAMES M. WADSWORTH ROBERT B. CONKL.IN PAUL R. COMEAU RICHARD ~. CAMPBELL .JOMN P. AMERSMAOIAN MARK C;. SPELMAN MARK S KLEIN ASSOCIATES AOMITTED IN FLORIDA LARRY CORMAN. AL.ICE A, .JOSEF'F'ER .. RESIDENT IN FLORIDA LAWRENCE ,.. BEYER. July 28, 1987 Mr. Carmen Annunziato Planning Director City of Boynton Beach City Hall Boynton Beach, FL 33435 Raymond A. Rea, Esq. City Attorney City of Boynton Beach City Hall Boynton Beach, Fl 33435 Dear Carmen and Ray: Re: Boynton Beach Mall Annexation " Enclosed is an Annexation Agreement for your review. If acceptable to you, I assume that you will process it along with the Application for Annexation. Please call me with any comments. V?U?yu Cormac c. Conahan mf Enclosures .800 ONE M & - PLAZA BUFFALO, N. Y. 14203 (716) 856 ,04000 2208 ONE F'INANCIAL PLAZA FORT LAUDERDALE, FLORIDA 33394 (305) 7604, 2_0 1401 NEW YORK AVENUE, N, w, WASHINGTON.D.C.~ooo~ (202) 3047- 9898 ANNEXATION AGREEMENT AN AGREEMENT between Boynton-JCP Associates, Ltd. ("Applicant") and the City of Boynton Beach ("City") and effec- tive upon the date affixed next to the authorized signature of the last party to execute this Agreement. PREMISES A. The Applicant has filed an Application to annex the property whose legal description is attached as Exhibit "A", (the "Property") into the City. B. The Property is designated as "Open Space" in the Development Order pursuant to Palm Beach County Resolution No. R-75-297, issued April 24, 1975, as amended by Palm Beach County ~ Resolutions No. R-78-1132 and R-81-1652 ("Development Order"). C. Section 171.062(2), Florida Statutes, (1985) pro- vides: (2) If the area annexed was subject to a county land use plan and county zoning or subdivision regulations, said regula- tions shall remain in full force and effect until the area is rezoned by the municipality to comply with its compre- hensive plan. D. The parties wish to proceed with the annexation of the Property prior to adopting a City Land Use Category or City Zoning District for the Property. E. The parties wish to set forth an understanding for the procedure the Applicant shall follow to assure that the Applicant will apply for a City Land Use Category, City Zoning District and, if required, an Amendment of the Development Order. NOW, THEREFORE, the parties agree as follows: 1. The City, if and when the Property is annexed, will not require, as part of the annexation process, that a City Land Use Category or City Zoning of the Property be adopted prior to, or simultaneously with, annexation of the Property. 2. If required, the Applicant will, as soon as prac- ticable after the annexation, process a Notification of Proposed Change to a Previously Approved DRI ("Development Order Amend- ment") which, if approved, will result in utilizing the Property for parking as shown on Exhibit "B". 3. If the Development Order Amendment (if required) permits the Property to be used for parking, the Applicant will, either simultaneously with the Development Order Amendment Pro- cess, or immediately after the Development Order Amendment is adopted, file with the City an Application for Land Use Element Amendment and Application for Rezoning to permit construction of a parking lot on the Property. 4. On or before April 1, 1988, regardless of whether a Development Order Amendment is in process or obtained, the Applicant will apply for a City Land Use Element Amendment and City Rezoning of the Property consistent with the use permitted by the Development Order as amended. 5. The Applicant acknowledges that the annexation of the Property creates no vested rights in the Applicant to use the Property as anything other than "Open Space" under the Develop- ment Order unless and until both: A. The Development Order is amended (if such Amendment is required) to permit use of the Property for a use other than "Open Space"; and Zoning Space. " B. The City adopts a Land Use Element Category District which is consistent a use other than "Open WHEREFORE, the parties set their hands and seal on dates set forth below. the ::~NT?P?~D. Date signed by Applicant: ,. July 2-1 , 1987 CITY OF BOYNTON BEACH Mayor Attest: City Clerk Date signed by City: July , 1987 HODGSON, Russ, ANDREWS, WOODS & GOODYEAR ATTORNEYS AT LAW 2000 GLADES ROAD, SUITE 400 BOCA RATON, FLORIDA 33431 (305) 394,0500 PARTNERS AOMITTED IN FLORIDA PARTNERS NOT ADMITTED IN FLORIDA CLARENCE OBLETZ 'Ir RICHARD A. GOETZ * CHARLES T. BARKER * RICHARD E. HEATH WILLIAM H. GARDNER ANTHONY L. DUTTON STEPHEN M. NEWMAN JEROME D. SCHAD DIANNE BENNETT PAMELA DAVIS HEILMAN DIANE .). McMAHON GARRY M. GRASER MELISSA M. MAY ARNOLD T. ..":'-":.ENA GO,:t,.'DON A. MACLEOD ROBERT M. WALKER DAVID E. HALL CHRISTIAN G. KOELBL, m JAMES W. GRESENS KARL W. KRISTOFF DANIEL R. SHARPE ALLEN H. BEROZA DAVID KOWALSKI DAVID A. FARMELO COLLETTE C. GOODMAN PAUL I. PERLMAN ANNE SMITH SIMET ,JERROLD S. BROWN KENNETH P. FRIEDMAN PETER A. MUTH SUSAN J. EGLOFT WILLIAM C. MORAN LOUIS A. NAUGLE JAMES A. PORTER * CORMAC C_ CONAHAN * DONALD C. LUBICK CHARLES J. HAHN H. KENNETH SCHROEDER, ..JR. JAMES M. WADSWORTH ROBERT B. CONKLIN PAUL R. COMEAU RICHARD F. CAMPBELL JOHN P. AMERSHADIAN MARK G SPELMAN MARK S. KLEIN ASSOCIATES ADMITTEO IN FLORIOA LARRY CORMAN * ALICE A. JOSEFFER .. RESIDENT IN FLORIDA l...AWRENCE F. BEYER .. November 12, 1987 The Honorable Nick Cassandra Mayor of the City of Boynton Beach Pineland Plaza 211 S. Federal Highway Boynton Beach, Florida 33435 Dear Mayor Cassandra: Re: Boynton Beach Mall Annexation VICTOR T. FUZAK RALPH W. LARSON JOHN C. BARBER, JR. HARRY G. MEYER LANCE J. MADDEN DANIEL M. DARRAGH ROBERT W. KELLER WARD 8. HINKLE F. WILLIAM GRAY, m STEVEN D, SCHNEIDER ROBERT B. FLEMING, JR. TODD M, JOSEPH GARY M. SCHOBER KENNETH F. BARONE TERRY C. BURTON CRAIG M. INDYKE EDWARD C. NORTHWOOD TIMOTHY P. JOHNSON RICK W. KENNEDY RECEIVED \~ov 1 3 1981 PLANNING DEPT. As you know, the undersigned is the authorized agent for Boynton-JCP Associates, Ltd. and the Lake Worth Drainage Dis- trict. At the August 18, 1987 meeting, the annexation was tabled to give Dick Greco an opportunity to meet with the county resi- dents. We are preparing our presentation for the county resi- dents. Because we have not yet met with the county residents, we request that the annexation request be tabled to the, next Commis- sion meeting, December 1, 1987. vtrutolt- Cormac C. Conahan mf copy to: Peter L. Cheney, City Manager 1800 ONE M & T PLAZA BUFFALO, N. Y. 14203 (716) 856,4000 2208 ONE F'INANCIAL PLAZA FORT LAUDERDALE, FLORIDA 33394 (30S) 764, 2440 1401 NEW YORK AVENUE, N, W. VfASHINGTON,D.C.20000 (202) 347, 9898 r, CITY of BOYNTON BEACI-f '- . "-----. 200 N. Seacrest Blvd. Post Office Box 310 Boynton Beach, FL 33435 (305) 734-8111 . - --.-~.~-~~'~-=':~~=~~~ ~~~.~L, ,__ _ '. .0 ,tE~::-"'~-:;-;;;~",-~;;;":';::-~ '~~:':-n t!J,;~,\;";. .\r. ..~~.~.:..::..~ .; ,-; "al. ~/~ ~"""':'-(..E.. " ~~---=-~~~~~~ ,iti \ ~f':)'.;. ~1;~ ,.:.... , , ' -l~ . .~"'t~ '" ..- '-~'- '.'.~' , t' _~ ___-~I~ ~a::?::~!Z~~~,!-:;:~ OFFICE OF THE PLANNING DIRECTOR Mr. David J. Edwards Greiner Engineering Sciences, Inc. 5601 Mariner Street Tampa, FL 33609-3416 RE: Boynton Beach Mall Dear Mr. Edwards: I have researched the City's records concerning your request for information related to allowable gross leasable area (GLA) at the Boynton Beach Mall, and the City's records indicate that 1,108,000 square feet was approved as a part of the original Development Order issued by Palm Beach County in 197~. This is the number which should be utilized in future discussions related to requests for substantial deviations. Yours very truly, CITY OF BOYNTON BEACH AIC? ~ /bks cc: Jim Golden) Tambri Heyden Central File ,/'"'- -" 80 (NTON BEACH MALL . ANNEXA TION , . ~... -CONGRESS LAKES" - - - . - -- - - - - - ~--- 2'2. --- ,; ~-j BOYNTON BEACH L I , iJ: - r ---....-....-- <.....: ; I rl~ ' ____________ L-, . J _ .. ~--"]~{] ~IIHB ~ I_,__~ ::1 -:;1 p C D ~J =-- " \. T ---~: ,--./ ), - ~ -,; , , __' i ..... ..-..... ...' .,._', -~ .._.. t_~t....tl~'....... L~; :,:~:.~frf;" :. .r::: ,~ , c. : -- CANAL- . ~-------~.- --- -_.._.._.__._-~ C3 C 1 . . , ,7 i' \ \ I . I . \ , , \ PIC ~ ~ ~ I(j ::.. ~ I \ ll) I/) ll.t f( ~ ~ ~ \) R~AA ,NOT IN CITY 1,../ 80 ;:-R3 " ~ -. . - (~ - I:: (,' ~'~ o 1/8 MI LES 1/4 '0 400,800 1600 FEET L'II-/7~\j~~ _I !~' ~~\\~~~_ ANNEXATION AGREEMENT AN AGREEMENT between Boynton-JCP Associates, Ltd. ("Applicant") and ~he City of Boynton Beach ("City") and effec- tive upon the date affixed next to the authorized signature of the last party to execute this Agreement. PREMISES A. The Applicant has filed an Application to annex the property whose legal description is attached as Exhibit "A", (the "Property") into the City. B. The Property is designated as "Open Space" in the Development Order pursuant to Palm Beach County Resolution No. R-75-297, issued April 24, 1975, as amended by Palm Beach County ~ " Resolutions No. R-78-l132 and R-8l-l652 ("Development Order"). c. Section 171.062(2), Florida Statutes, (1985) pro- vides: (2) If the area annexed was subject to a county land use plan and county zoning .,or subdivision regulations, said regula~ tions shall remain in full force and effect until the area is rezoned by the municipality to comply with its compre- hensive plan. D. The parties wish to proceed with the annexation of the Propert~ prior to adopting a City Land Use Category or City Zoning District for the Property. E. The parties wish to set forth an understanding for the procedure the Applicant shall follow to assure that the Applicant will apply for a City Land Use Category, City Zoning District and, if required, an Amendment of the Development Order. NOW, THEREFORE, the parties agree as follows: 1. The City, if and when the Property is annexed, will not require, as part of the annexation process, that a City Land Use Category or City Zoning of the Property be adopted prior to, or simultaneously with, annexation of the Property. 2. If required, the Applicant will, as soon as prac- ticable after the annexation, process a Notification of Proposed Change to a Previously Approved DRI ("Development Order Amend- ment") which, if approved, will result in utilizing the Property for parking as shown on Exhibit "B". 3. If the Development Order Amendment (if required) permits the Property to be used for parking, the Applicant will, either simultaneously with the Development Order Amendment Pro- cess, or immediately after the Development Order Amendment is adopted, file, with the City an Application for Land Use Element Amendment and Application for Rezoning to permit construction of a parking lot on the Property. 4. On or before April 1, 1988, regardless of whether a Development Order Amendment is in process or obtained, the Applicant will apply for a City Land Use Element Amendment and City Rezoning of the Property consistent with the use permitted by the Development Order as amended. 5. The Applicant acknowledges that the annexation of the Property creates no vested rights in the Applicant to use the Property as anything other than "Open Space" under the Develop- ment Order unless and until both: A. The Development Order is amended (if such Amendment is required) to permit use of the Property for a use other than "Open Space"; and Zoning Space. " B. The City adopts a Land Use Element Category District which is consistent a use other than "Open WHEREFORE, the parties set their hands and seal on dates set forth below. the :::NT?P?~D. Date signed by Applicant: .. July 2.1 , 1987 CITY OF BOYNTON BEACH Mayor Attest: City Clerk Date signed by City: July , 1987 COMMENTS ON ANNEXATION MUNICIPAL STAFF INCREASED INCREASED DEPARTMENT PERSONNEL CAPITAL COMMENTS City Clerk No No None Planning No No See attached Building No No None Public Works No No None Police No No None City Engineer No No None Parks and Recreation No No None Personnel and Purchasing No No None Data Processing No No None Utilities No No None Fire No No None Library No No None MUNICIPAL TAXES DERIVED* ANTICIPATED ASSESSED VALUE (COMMERCIAL) Land Value ** $8.03 square foot Boynton Beach Mall Land 9.707 acres x 43,560 x $8.03 = $3,395,380.4 Taxes to be paid to Boynton Beach ($3,395,380.4/1,000) (7.6040) = $25,818.47 * At build out and at a rate of .0076040 mills. ** Based on 1986 assessed value of land per square foot at the Boynton Beach Mall. .' MEMORANDUM TO: Mr. Carmen Annunziato Planning Director DATE: March 20, 1989 FROM: Betty S. Baroni City Clerk RE: Boynton Beach Mall DRI Application In accordance with your request, the attached letter with ~ copy of the DRI notice as advertised was sent to the attached listing ~ia first class mail. Please advise if further distribution or mailing is necessary or if you want copies of the letters sent. Be~L~: BSBI smk Attachment f{~EIVED MAR!I -1SBs ~NN~\~% ~€f'>f.. ( ~ ~ . ;J. .-- ,---- _n-_ --- -~.t:..:--':"" :''::JI-.l/''~~ :~, 8:-";'~ei.~""""l!oiE"~ ' ~Z~l', ' L - _ ,I I I .-- , . -~ ~.~ , ,;,<>". " , . i "I ____::~ ~l~:i~ '.. ,',' '~" ." '-~~~ ., .r~.~ ( CITY of BOYNTON BEACH Q) 211 S. Federal Highway P. O. Box 310 Boynton Beach, FL 33425-0310 March 20, 1989 Mr. Dan Cary Executive Director Treasure Coast Regional Planning Council P. O. Box 1529 3228 S.W. Martin Downs Boulevard Suite 205 Palm City, FL 34990 Dear Mr. Cary: In accordance with Section 9J-2.023 of the Florida Administrative Code, enclosed please find a copy of the Notice of Hearing as advertised for a Development of Regional Impact Review pursuant to the application submitted by E. J. DeBartolo Corporation for the Boynton Beach Mall located within the City of Boynton Beach. If further information is desired, please call 738-7491, Planning Director's office. Very truly yours, CITY OF BOYNTON BEACH Betty S. Boroni City Clerk BSB/smk Enclosure ( c - g.H,,1 t f AI Jt.I I a fJ,Ltr ,I'; Av.,tlA..' :/--1, IUDI 'i" . I wI(.'" lie-v...;r , . ,I 'iJN j" VJ-t \;' ,; it!' ;t' Vl;"" # I BOYNTON BEACH MALL DRI APPLICATION TRANSMITTAL LIST M r. D~\II. (~~r)< f EXec""t,<~~JJ;, Vfc..jVY' 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 Building 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. I copy. Certified mail. return receipt requested. ~ 'r .' , ( ( 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 1 copy. Certified mail, return receipt requested. Mr. Randy Whitfield Metropolitan Planning Organization Post Office Box 2429 West Palm Beach, Florida 33406 (305) 684-4170 1 copy. Certified mail, return receipt requested. Mr. Charles Walker, Director Palm Beach County Traffic Division Post Office Box 2429 ~est Palm Beach, Florida 33406 (305) 684-4010 1 copy. Certified mail, return receipt requested. H5. ~'^'I'C ItO(Jl~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 1 copy. Certified mail, return receipt requested. . 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 1 copy. Certified mail, return receipt requested. 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 - 18 copies. Certified mail, return receipt requested. !t/o7 S-eU-r ~- ~ QJl^~ Mayor Doak S. Campbell, III City of Delray Beach 100 N.W. 1st Avenue Delray Beach, FL 33444-2698 Commissioner Carol J. Elmquist, Chairwoman Board of County Commissioners P. O. Box 1989 West Palm Beach, FL 33402 Mayor Robert A. McDonald Town of Lantana 500 Greynolds Circle Lantana, FL 33462 Commissioner Nicki Englander Grossman Chairwoman Board of County Commissioners 115 S. Andrews Avenue, Suite 421 Fort Lauderdale, FL 33301 Mayor Al L. Merion Town of Hypoluxo 7010 South U. S. Highway 1 Hypoluxo, FL 33462-5493 Commissioner Frank Wacha, Chairman Board of County Commissioners 2401 S.E. Monterey Road Stuart, FL 34996 Mayor Eric J. Mangione Town of Ocean Ridge 6450 N. Ocean Blvd. Ocean Ridge, FL 33435 Mayor Donald H. Gustafson Village of Golf 21 Country Road Village of Golf, FL 33436-5299 Mayor Hugh E. David Town of Briny Breezes 5000 N. Ocean Blvd. Boynton Beach, FL 33435 Mayor William Koch, Jr. Town of Gulfstream 100 Sea Road Gulfstream, FL 33444 M E M 0 RAN DUM TO: Mr. Carmen Annunziato Planning Director DATE: March 9, 1989 FROM: Betty S. Boroni City Clerk RE: Boynton Beach Mall Ad Attached please find a copy of the advertisement for the Boynton Beach Mall application scheduled to be published in The Post on March 16, April 23, May 3 and May 9, 1989. This is to be heard by the Planning & Zoning Board on May 9, 1989. ~~ j/t~. Bett ~ Boroni BSB/smk Attachment cc: City Manager RECEIVED MAR 10 h<' PLANNif~G Dt.r> r. F P. 0, BOX 310 . 211 S. FEDERAL HIGill'iAY , BOYNTON BEACH. FLORIDA 33435 ~ ~ -J. ____h_~ ..-- - --:~- ---=-----~r:~:):_;;,t~ ~ ~. ,'~_~,",h ~__ _ __~' ,,~,.I ,....r . ..~-:~:.-~:=-=~ ~==c-:: i r-;.'fN..1 , ' "'1 ~~ ~ ~~'I,~ " 'r~~"H~~-;;;:=~~,.,-_~ "n~'h'- .", ,II e".,.,",., .: r.' .'.. ~ ..- " ... .. ~:;'-::'4 .Il. . . ! P"f!!' -- ',-, "",' """ . i~ 1 j..' ,~ .. .') '- ::... ~'-::~~j;i_~jjl~. ,-..~~' .' ,.."..~. h', ,~ ==;r ", ,7'-"-\O;Ij~ ,.4" '-.:::>- - ' f. --:. ~-''-~ _,~~~'7!i~~ ,,=-~.!.-:P..- ~_..- CITY of BOYNTON BEACH March 8, 1989 Mrs. Teal Pontarelli THE POST Legal Ads Department 2751 S. Dixie Highway West Palm Beach, FL 33405 Dear Teal: Enclosed please find a Notice of Land Use Change - Notice of Zoning Change - Notice of Development of Regional Impact Review to be published in the LOCAL NEWS section of The Post at least one-quarter page in size with the headlines no less than 18 point letter size. This ad is to be published in its entirety on the first three dates of: March 16, April 23 and May 3, 1989. Upon publishing on the last date of May 9, 1989, please delete the second paragraph in its entirety pertaining to the hearing on May 9. Please furnish this office with a proof of publication. If you have any questions, please do not hesitate to contact us. Very truly yours, CITY OF BOYNTON BEACH Betty S. Boroni City Clerk BSB/smk Enclosure M E M 0 RAN DUM July 28, 1987 TO: BETTY BORONI, CITY CLERK FROM: JAMES J. GOLDEN, SENIOR CITY PLANNER RE: BOYNTON BEACH MALL ANNEXATION AcCompanying this memorandum are two original signed copies of an Annexation Agreement for the above referenced request. This agreement, when executed, will allow for the processing of the Annexation application without concurrent requests for a land use amendment and zoning change. Please file the two copies of this agreement for future endorsement. /.' ,~....~_i "",",__-. ;:..1 JAMES J. GOLDEN JJG:ro Attachments M E M 0 RAN DUM october 11, 1988 TO: BETTY BORONI, CITY CLERK FROM: JAMES J. GOLDEN, SENIOR CITY PLANNER RE: TRANSMITTAL OF LAND USE AMENDMENT APPLICATIONS SUBMITTED TO THE PLANNING DEPARTMENT ON OCTOBER 1, 1988 Accompanying this memorandum you will find a copy of the application and related documents for the following Land Use Element Amendment/Rezoning applications: 1. Boynton Beach Mall Land Use Element Amendment/Rezoning ($1,800 fee includes postage) , 2. Alhambra Square North Land Use Element Amendment/Rezoning ($700 fee) 3. Alhambra Square South Land Use Element Amendment/Rezoning ($700 fee) 4. Alhambra Square ACLF Land Use Element Amendment/Rezoning ($800 fee) 5. Winchester Tract #1 Annexation and Land Use Element Amendment/Rezoning ($1,400 fee) 6. Winchester Tract #2 Annexation and Land Use Element Amendment/Rezoning ($1,400 fee) 7. Winchester Tract #3 Annexation and Land Use Element Amendment/Rezoning ($1,300 fee) 8. Jonathan's Grove Annexation and Land Use Element Amendment/Rezoning ($900 fee) The public hearing dates for the above requests have been tentatively scheduled for December 15, 1988 and January 4, 1989 pending approval by the Planning and Zoning Board and City Commission respectively. Legal advertisements (one-quarter page map ads) will be prepared by the Planning Department and forwarded to your office upon completion. ~~~ JJG:ro cc Central File ~ ~ ~:. M E M 0 RAN DUM October 3, 1988 TO: Carmen Annunziato Director of Planning FROM: Peter L. Cheney City Manager Attached for your information is a letter from a Palm Beach County ,~ Assistant County Attorney to Dan Cary and the letter relates to the ~ ( ~I)~ DeBartolo Annexation. Did you receive a copy of this letter from the ~.L County Attorney's Office? This copy was provided to me by Diane Hines. (/_/ Attached for your information is a 9/22/88 leLer from Secretary Pelham /1 which addresses funding for Comprehensive Plan preparation. Attached to the letter are new rules relative to this funding. Do we anticipate recei vi ng fundi ng for the comi ng year? ('t~'" .,.,-t* 'It-~ I' -{ {-- &f Ch~~ City Manager PLC: j c Attachment RECE'lf~, '"!'.......""'" 11 1; , ','" 'Jl. V --' -' om 4 19m PLANNlNG DEPT. It";:. " " ,) MEMORANDUM 17 August 1988 VIA: George Hunt, Asst. City Manage! James Golden, Sr. City Planner Carmen S. Annunziato, Planning Director ~ TO: FROM: RE: Boynton Beach Mall D.R.I. Application Fee My projection of the staff time that will be required to review and process this application is outlined below: Planning Dept. Review & Processing Tech~ical Review Board Presentation to Board & Commiss~on 24 Hours 1 Hour 2 Hours PLANNING DEPT. TOTAL = 27 Hours In addition to the above, there are nine members of the Technical Review Board who will require, on the average, approximately two hours of time for review of this project prior to and at the TRB meeting. I would also recommend that the application fee for this project be calculated on the basis of S30 per hour of staff time utilized. . ~sf;: ~ JJG/csd cc: Central File 27 J .' 2(.1 v ? " '" ".... . /~ ,Y- 7~; ~" , , } ", . L 7 C,_) L) ~ ~,..-< /1 (J 4 ~-."!._A...... _t A ,~ ~-tF:) / -v ~-,--€/t~" ~......_~-<!. -17 \ , h" '..-o.tI' '>.. M E M 0 RAN DUM July 1, 1987 TO: ALL DEPARTMENT HEADS FROM: CARMEN S. ANNUNZIATO, PLANNING DIRECTOR RE: ANNEXATION - BOYNTON BEACH MALL ANNEXATION Accompanying this memo you will find a copy of a Depart- mental Review Form and location map for a proposed an- nexation. Please complete this form and return it to me by July 24th. Thank you. ~~ CARMEN S. ANNUNZIATO CSA:ro Attachments cc Central File J~PARTMENTAL REVIEW FORM TO: ALL DEPARTMENTS RE: ANNEXATION OF PROPERTY AS GENERALLY DESCRIBED HEREIN Please evaluate the initial impact that the annexation of property described herein will have on your department. Name of Development/Owner NW Corner Boynton Beach Mall/Boynton-JCP Associates, LTD., 'and Lake Worth Drainage District Area of Subject Property 301,435? Sq.Ft. or hog ac.re acres plus canal R-O-W Estimated Present Population -0- Estimated Number of Existing Housing Units -0- Existing Use Preserve Area Proposed Use Same Would your Department need to increase the number of personnel as a result of this annexation? Yes No Estimated number of additional personnel required: Would your Department need to increase expenditures as a result of this annexation? Yes No Estimated annual increase in salaried: operating & maintenance: capital outlay: Comments: (Attach if insufficient space.) City Clerk Finance City Engineer Planning Police Building Official Utilities Fire ~ Personnel and Purchasing Parks & Recreation Public Works Library Energy Date Processing ,'- Please return this form to the City Planner's Office as soon as possible. Attachment: Location Map MEMORANDUM June 30, 1987 TO: BETTY J. BORON I , CITY CLERK FROM: JAMES J. GOLDEN, SENIOR CITY PLANNER RE: REQUEST FOR ANNEXATION Accompanying this memorandum you will find a copy of an Annex- ation request submitted by Cormac C. Conahan, agent for Boynton- JCP Associates, Ltd. and the Lake Worth Drainage District. A check in the amount of $500.00 has also been submitted to cover the review and processing of the annexation application. Also enclosed is a check for $17.16 to cover the cost of postage for notification to the surrounding property owners. Please advertise this request for a public hearing before the Planning and Zoning Board at the August II, 1987 meeting and before the City Commission at the August 18, 1987 meeting. Thank you. ~,i. /J4 JAMES i. GOLDEN JJG:ro Attachments