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LEGAL APPROVAL %e City of r:Boynton r:Beach 100 'E. 'Boynton 'Bead,. 'Boulevard P.Q. 'Bo'(31O 'Boynton 'Beach, :f{orida 33425.0310 City :HaU: (407) 734-8111 'f5tX: (407) 738-7459 OFFICE OF THE PLANNING DIRECTOR March 11, 1991 Attn: Ms. Donna Foster, Planner Development of Regional Impact Section State of Florida, Dept. of Community Affairs Division of Resource Planning and Management Bureau of State Planning 2740 Centerview Drive Tallahassee, FI 32399-2100 RE: Amended Development Order - Boynton Beach Mall Dear Ms. Foster: I am transmitting herewith a certified copy of the amended development order for the Boynton Beach Mall suqstantial deviation that was approved by the local governing body (City Commission) on March 5, 1991, pursuant to Chapter 28-10.011 (3) of the Florida Administrative Code. I am also transmitting a certified copy of the amended development order to the Treasure Coast Regional Planning Council. Sincerely, J;:"J-'~ 0, ~ TAMERI J. HEYDEN Asst. City Planner TJH:frb Enc cc: Dan Cary, Executive Director, Treasure Coast Regional Planning Council Certified Mail #P 041 546 605 5hncrita's gateway to tfie (julfstrcam ~ .~~~ ~~~- .' 7tJt7C ~ FLORIDA LAND AND WATER ADJUDICATORY COMMISSION Attendance Sheet for 20-day Informal Conference CASE: RE: Boynton Beach Mall, A Development of Regional Impact in Palm Beach County, Florida DATE: March 6, 1990 LOCATION: Treasure Coast Regional Planning Council Palm City, Florida Person 1. Qo(''^'\c., CoV\O..,",~\r\ 2 :-IMo.."s A. C'OA1l&leANb 3.~w ~ 4 . M,- C'+: '" R . s S 5. -:i>.4~ ~tt-I1.y ___ . 72 j ~ ~ /<, J" ?tee IlJ f 4V 6. --:- 7.~~ 8. /1 V"'<' iA;; (:::'i, , ,//{.p -// ,/ / ? 9. _.? /~;-1 c"""- rec..;;7 10. 11. 12. 13. 14. 15. Who You Represent ~<?~\\(.o.....~ - ~~'1"'~"'. TC\:, ~~\~.Nt' / l:.es..,s.. l~ ~~ ~~ - F/...Ul'lc 1'--...,."" (' .,. f ~\> c:... --reaVe.. YJ TC(ZPC- ~ I /' / C',~ C';L1 /../t,~I"':':';) ',7~JCvl ~ :c7 / J c' 0k('/ "JLc:' . Phone Number t.{O"1 ~l:\t1 oS"'oa !\:s c2.il. \11 \ (10+) +tl-gt. ~ ,<<"" >2/*" 'f1J'tJ ,,, LjJi J'7~ (:f(; LtO 7 - ,)..d-I~ C<J Lf/7 -7'3J -7~~ v/ ~ ? 2 t:'? . 0- ~ v;.? - {::J.?J}:> treOlure co~t regional planniog council February 1, 1990 "' ~}, Mr. Dick Greco 100 S. Ashley Drive suite 1255 Tampa, FL 33602 subject: Boynton Beach Mall Substantial Deviation Dear Mr, Greco: ...: This letter was submitted into the record at the January 19, 1990, Council meeting, This is provided for your information and records. i' Sincerely, ( ku-..?/( 01L-i.tU7 Teresa P. Cantrell Regional Planner TCP:pm Enclosure , ~;' ~ cc: Tim Cannon Roger Saberson Cormac Conahan '. ~~ ~ ..,.~ - -RECEIVED ,. " , FEB 2 1'lqr> PLANNlNG DEIJr, '. , . 1;;, __~ _,_ __".'_',ii7" - - t'r, 3228 s.w. martin downs blvd. suite 205 . p.o. box 1529 palm city, f10rida 34990 phone(407)~-wj. ""'.;"';,.~'-"l .~~,~ ~-:<- '\..~ \)(.L497t~!..406~. SUNCOM 269.4060 ~- - . ~ Af\jLj~R\i .l. ':;' 1 'i':;;(~: ,r1::: .3 T ~ ~ E f'*'\ E f\~ T IS FRCi"l REBECCA '''iART I\i-'=P::~r' ES':::;E;'~:;C:\I ~~ ,:::; .- ~. eRE '3 ':= '-, = L' I .' ~ :; ~ :J f< . ':1 "H= BiJARD ;....I~j'...lR!=-~'::, J ,_, .~''--' '....... T:-ct: TRE-1SL:~'E -- - - -- " ., , -- . -- -. - ~ _. ,-. '=. ;~ 1 :_\;" ::-:_A:\Jf\, I,'lS i l'" ,. . --....... '-" . -- .. '- . ::>J 8EHAU-- Oi=" T ~-! THAi'l\..(, THE RES I DElFS OF THE PI :\iE ALL OF THE 8C~RC [v~E;v!BERS THE POSITI,jE PESOLU~'IO~1 i SS;_iE . . . . TH~ ~::;RESERi'/{i T I CJf\i ACRES SUBDIVISION j.~j[rLJL[t :'=.Jp T~EI~ C'JjJPE'~:A~r',-:!f\l ~f\:D ';:...,;=PC.?i Of\l. -,~ .- ;,. ~~ 'l I ;v!i':JC;RT~;";l i :;1-6j ...... '-' '--" '-- E"',~ '.' = =: i: ;\Jf"1 E i',~ r ~ L. C;L!F: PI i'-:E F',;-: E':=EP'/E !\jQT ~A)IThSTAf"f[;I~,1G TH~ '='\\/ER.~LL SAT I SF,-;C,T\]R'f 'JIJ~j=O!v~E eiF C.-I T .::: ,. '=, C,j ,j::" ... -'- -. "'- Ti ''''''',-r- ,r-..- ,......- . --- '- :; TILL RE IV(~ I f\j SEl,jERr-.;L :=:Jf.1CE~-?f\:S :;JC= i~:L D L i r' - - - . -- . 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'- . .......' . ,- '- " '-"'--'-- ".......- - - -- --- -- :-~E ~~Pr 1:"',;':3 I .- ~i '-.J ( , ~HCLiL_D E~ PL~CED ~~ F~R -,;-J''':~ ~ - - - - - ,._, - >~ L'::: __ ~ :_-::..-- =- (- .----.- pe;'E2EF'i)E ~~'~A c- o:_!r'.l[lAR r' . r r. I l 1 '.t ~C=,: I f I:='~: '- I :~~-~ ':: :-..: 'j L :::' - - ~- ;....\HL.'- ~;\iC> BE S!~I=L[;E[; OCI(;;I\lIJ.JAFuS. 1_~J'3 I !\!G ~flE QE:JUEST TH~T T;...--i~ I, '_ DEBART:::LCf := .;!,*,iP~f\i'y - .1', ,,-i:: 3c,':'r"!TC~,; 3~ --,-.., :"-'J~......Cl!;.j -;-HE Tr'EAS~!RE c:!=;:;~ -:- '~:'~'3: ~ .'!~L :J: !!"i ,.\!:~ :=: = :_:: ~ ;::-;- -, ;,..i f....;:= ;.i - . -'-'-' ., ...... ., Tr;C:: ::. ~ :>-~~== P~~;ER',/'C:: BE ;' =~.- :':.......--:- '::IL: ----- - ~.....,.~ -. _.. l / . -- (!- - . := E B:::: C C ~ :'~l f~ R T T ~\j ~ I :~:_ ( ~i,)E .. =;-=!'~ ~\lTJ{"; BE;",CH. " ~ <- . -- - .Ll-'-=- ;.....< LJ.. ~ ~- ...%?2.~~ M:6.~- . 7~n7C~ PROJECT NAME: Boca Commerce Center Substantial Deviation LOCATION: ... JURISDICTION: PROPOSED CHANGE: STATUS: North and south of Clint Moore Road and west of I-95, City of Boca Raton Development within "Area B" Preapplication meeting held on March 10, 1987. Application submitted on July 28, 1988, and found insufficient for review on August 25" 1988, PROJECT NAME: Boynton Beach Mall substantial Deviation LOCATION: JURISDICTION: PROPOSED CHANGE: STATUS: West of Congress Avenue and north of Boynton Beach Boulevard. City of Boynton Beach Addition of 131,448 square feet retail 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 December 19, 1989. Development Order received by Council staff on January 8, 1990, Council considered the Development Order on January 19, 1990, Council voted to enter an appeal of the Development Order to the Florida Land and Water Adjudicatory Commission. 2 ,., ."", ~ TREASURE COAST REGIONAL PLANNING COUNCIL DEVELOPMENT OF REGIONAL IMPACT STATUS REPORT February 1990 I . ~. PROJECT NAME: Ballantrae Yacht and Country Club (formerly known as Wilderness Shores/Sandpiper Shores) LOCATION: 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 SIZE: 402 acres USES: 790 dwelling units 100 wet-slip dock facility 8 acres private club facility 2 acres institutional 1 acre commercial 1 golf course STATUS: Prea~plication meeting held on June 26, 1986, Binding Letter Application submitted for Council review on December 22, 1989. Council comments to DCA provided January 31, 1990, 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-slip 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. 1 , / PROJECT NAME: Mayfair Gardens LOCATION: South of Ridgewood Drive and east of Military Trail JURISDICTION: City of Delray Beach SIZE: 36.43 acres USES: 411,100 square feet retail STATUS: Preapplication meeting he~d on December 11, 1989, Application submitted January 19, 1990, and found insufficient for review on February 15, 1990. 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 300-room hotel STATUS: Preapplication meeting held on November 22, 1989, Application submitted January 31, 1990, and found insufficient for review on March I, 1990, 5 'w ~~~7~ U#.jJ;:-, 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 October 18', 1989. Local Government notified that application is sufficient on November 16, 1989, Regional Assessment Report adopted by Council on January 19, 1990. PROJECT NAME: Quantum Park Substantial Deviation LOCATION: North and south of NW 22nd Avenue just west of i-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. 6 /, t t ~.~.~0~ .p,:tfik-r TREASURE. COAST REGIONAL PLANNING COUNCIL M E M 0 RAN 0 U M To: Council Members AGENDA I TH1 6B From: Staff Date: January 19, 1990 Council Meeting Subject: Boynton Beach Mall Development of Regional Impact Substantial Deviation Development Order INTRODUCTION At its April 21, 1989 meeting, Council reviewed the Application for Development Approval (ADA) for the Boynton Beach Mall Development of Regional Impact (DRI) Substantial Deviation. Council adopted a report and recommendations for transmittal to the City of Boynton Beach that recommended approval of the project subject to 16 conditions being included in the Amended Development Order (DO), Boynton Beach held a public hearing on the Boynton Beach Mall Substantial Deviation and adopted the attached DO on December 19, 1989 (Attachment A) . Council now has statutory responsibility to review the DO to determine whether it adequately responds to the regional concerns identified in Council's adopted Report and Recommendations (Attachment B). If Council determines that the DO does not adequately address regional concerns, it may file an appeal with the Florida Land and Water Adjudicatory Commission (Governor and Cabinet) requesting that the DO either be set aside or modified, Should Council find that the DO does adequately address regional concerns, no appeal would be filed, OVERVIEW AND SUMMARY The DO issued by the city of Boynton Beach for the Boynton Beach Mall Substantial Deviation inadeauatelv addresses regional issues identified in Council's Report and Recommendations regarding this project. Of primary concern, is that the DO does not: 1) adequately protect native habitat important to wildlife and as a buffer between this commercial project and adjacent residential neighborhoods, 2) assure surface and groundwater resources will be protected from contamination; or 3) provide reasonable assurance that the regional roadway system will not be over burdened by project traffic. 1 ~ ,""'" -t ., ANALYSIS Habitat, Veqetation, and wildlife The analysis below provides a comparison between Council's recommended DO conditions intended to adequately address regional issues, and what the city has adopted. Council's recommended DO condi tions are struck through; the City's underlined. DO Condition 2 Preservation of the identified pine area is important for protection of native habitat functions and values as well as providing a buffer between existing residential areas and the Mall site. As indicated below, Condition 2 does not assure preservation of the area in perpetuity as recommended by Council, q?fte-~loper -~-3.--2:'-r'e~e~e--l'te'- rc:30 --t~-5~a~ aere~-e'f-f)4.1.1~:a'ftd-~~~~~~-er--~fte 3~~e-Wfte3e-a~~rex~ma~e-~eea~~eft-~~-sftewft-~ft-EXft~~~~ HW-i:~---~-cn--~ft-~p~~l:ti:~Y-~-~-!'la~~ve ftab~~a~- },'1: cacr~-~ca -~fta~~--ite-~-1e>y--aeea re~~r~e~~eft-~e-r'-~~~~~~~~~ft~~~~-aeres W~~ft~ft-~-~ Prior to issuance of a certificate of Occupancy for construction of addi tional square footaqe oursuant to the Amended Development Order, the Applicant shall confirm that it will not develop in that area "Limits of Pine Area" shown on Exhibit "1" in the northwest auadrant of the site. Council's intention when adopting the condition was two fold. First, it was to provide for appropriate buffering between the existing residential neighborhoods and adjacent retail uses (the Mall), Second, it was to provide for the protection existing habitat for the animal species present, Additionally, Council wanted to insure consistency with the original DO adopted in 1974 which required preservation of the pine area. This issue should be addressed by restricting development until preservation of the pine area (by deed restriction) as shown on Exhibit" 1" has been secured in perpetuity. Drainaqe DO Condition 6 Council's recommended DO Condition was intended to address existing exceedences of water quality standards noted in the developer's ADA. Condition 6 does not address this intent because it does not require provision of vegetated littoral 2 zones around existing detention ponds and weekly sweeping of the Mall parking lot. 7 . 'i'he-~er -i'Ila~e~e!fteft~-~-~:fl'q--~he Beyft~eft-Beeeft-~~-~~-~~~~~-~-efts~~e d~seha~~e-w~%%-mee~-~he-wa~e~-~a%~~y-s~aftda~ds ef-~~:kd&-~m~~.r;oe--€ede-~:t-e--~~--3--ey ~ftee~~e~a~~ft~--~he--!e%%ew~ft~--Bes~--Mafta~emeft~ P~ae~~ees~--~-~-qra33~-~weie~-~-~~e~~ea~ ~fteff-~fore-~Cflveyi~-~~-~-~~-de~eft~~eft ~eftds-aftd-week%y-~a~k~ft~-%e~-swee~~ft~~ 8, Ve~e~a~ed-~~~~~-~on~~-~ftei~-~-es~ae%~shed a~e~ftd-~~~~~~-~~~~4~~~-~~~%~~~ft~ fta~~ve-~-s~ee~es~---P~~e~-~-eefts~~e~~eft aftd--~~~~-~~--~he--~~~k~--~C3r--~he deve%e~e~-sha%%-~~e~a~e-a-des~~ft-aftd-mafta~emeft~ ~%aft-of~~-l:-~~l:--!tefte-~-e-~~~-fe~ eefts~s~eftey--w~~h--~he--Re~~efta%--€em~~ehefts~ve Pei~ey-P%aft-ey-'i'~eas~~e-€eas~-Re~~eftai-P%aftft~ft~ ee~fte~%--4~-~~~-wi~~-~--e~~y--e! Beyft~eft- Dcach;- ~--f'~~-de- Water -Mafta~emeft~ B~s~~~e~,----aftd----P%e~~da----Be~a~~meft~----e! Bftv~~eftmeft~a%-~~~-~-epp~ed-~-~he e~~y--e~-~-Dea~,-~~--f'i~-de--Wa~e~ Mafta~emeft~-.ei~~riee..;--Mld- Plo-ri:d& Depa~~-e--e! Bftv~~eftmeft~a%-Re~~%a~~eft~--'i'he-~%aft-shai%~--f~t ~fte%~de-~-~%aft-~-aftd-3i~-%eea~~eft~---f%t ~ftei~de--~--~y~~eai--~roaa--see~~eft--~--~he de~eft~~e"-pe~d~--~~-~~~-~~~~~ft-~S ~e-~-es~aei~shed- wit~r-~he- lit~C'ral -!te"es~ aftd----~f+r--~~-~--de~e~~p~~e~--~--afty me"~~e~~ft~-~-~~-~-~-e--ee fei%ewed--~"--e~de~--~e--ass~~e--~he--ee"~~"~ed v~ab~%~~y-a"d-heai~h-ef-~he-i~~~e~a%-~e"es~--%! 'i'~eas~~e---eeaa~--~--~e~~--ee~"e~% de~e~~"es-~fte~-~~eaiqrr~-m&ft~meft~-~iaft !e~-~~~~al-~~-~~-~~i3~e~-w~~h ~he-~~r-€ompreft~4~~-P&l:-~-~~--~heft ~he-~~~~-;t-~l:-l:---be--~~-fl-ei1!~4-eft--eof--~he Beveie~meft~--~~~~-----~--~4of4ea~~---e! eee~~aftey-~all-ee-~-!e~-~-add~~~e"a% s~a~e--~-~-~-~-e--~h~s Beveie~meft~-~~~~-~~~-~-de~e~~"ed ~e--~--eemH.~- wi t-x'-r-~--~~ft&l---P%aft~ Whe~eve~-~e55~bie-~~m~~~~a~-!ee~ e!- ."eqe~-a~-ed-~~'O'ral -~fte-~e~-~~l'1car--~-e! she~ei~"e-~~-~-~~ebi45fted-~-eeft!~~~~ed se-k~~-iea5~-~-pe~eft~-~-~-she~ei~"e has--a--ve~e~a~ed--i~~~e~ai--~efte~----Ai~e~"a~e des~~"--~-~--fteeessa~y--~-~--~hys~ea% eefts~~a~"~s--4~~en~ ~--~~~~~--~hese ex~s~~ft~-~~~~--~-l:-i~~orar-!te"es shai%-~-~-~%aee-~~~-~he-~~~~-a 3 'w" 'WI . ee~~~~~e~~e-~~-~-~-~~y--aaa~~~efta% ~ql:!a~e--:fee-~a<;e'-~-~-1!:e--~h:i:~ Beve%e~meft~-e~ae~~ 6. A. The use of crrassv swales shall be utilized in the new oarkincr lot additions. as shown on the site Plan (Exhibit "2"), B. Littoral zone olantincr shall be orovided in accordance with the oermitting reauirements and Florida Deoartment of Environmental Regulation and South Florida Water Manacrement District. Establishment of vegetated littoral zones around existing detention ponds consistent with Council's recommendation will provide better treatment of stormwater runoff, It is important that, prior to construction and planting of Ii ttoral zones, design and management plans are prepared consistent with Council's Regional Comprehensive Policy Plan (RCPP) to assure their proper establishment. permi tting requirements of the Florida Department of Environmental Regulation and South Florida Water Management District do not address retrofitting of existincr systems; therefore, DO Condition 6 does not adequately address the identified exceedences of water quality standards. Transportation In order to mitigate the impact resulting from expansion of the Boynton Beach Mall, the Treasure Coast Regional Planning Council provided an opportunity for a transit-related solution to be developed in response to identified roadway and intersection improvements necessary to maintain Council's adopted level of service. The City has chosen to pursue the transit option made available by Council. It is imperative to the success of this transit alternative that appropriate safeguards be included in the DO conditions to assure Council's intent. As indicated below many of the safeguards, included in the recommended DO conditions developed by Council staff, such as requiring appropriate agency approvals and restricting development until a service contract had been. executed, have been deleted. DO Condition 10 Condition 10 is not consistent with the intent of the origin and destination survey as described in staff's November 27, 1989 letter (Attachment C) and as recommended by Condition 16 in Council's adopted Report and Recommendations for Boynton Beach Mall. 4 No building pernd ts 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 Bovnton Beach., CoT ran . and Treasure Coast Reqional Planninq Council, Results of the survey shall clearly demonstrate where the transit ridership potential exists (origins) and identify which roadway links (i,e., 1-95 interchange, Boynton Beach Boulevard, Old Boynton Beach Boulevard, and Congress Avenue, etc.) will be positively impacted by provision of transit service to these areas and shall be evaluated afta-a~~revea ey--t.he-~~!--Beyft~eft--Bea-eft-;-~,-~-~fte ~rea~~re-~-~~-~~~-€~~~~--~ft eeft~~%~a~~eft--~~---t.~~--P&~--~--ee~ft~y Eft~~fteer~ft~--Be~ar~meft~ to adjust designated travel route)s) in order to maximize ridership. The survey questionnaire and implementation methodology shall be evaluated by the City of Boynton Beach, CoTran, Palm Beach County, and Treasure Coast Regional Planning Council. While the proposed condition does provide for route adjustment 1n 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 important that the agencies responsible for transportation-related activities be involved in the review and approval process. Another reason for requiring approval of these agencies is to provide a check and balance system during the development of this transit alternative. Support from these agencies can only strengthen the potential success of this effort. DO Condition 11 Similar to Council's standard requirement that construction contracts be let prior to issuance of building permits, it is important that the approval and signing of the service contract be required prior to the issuance of building permits. Requiring execution of the service contract prior to building permits being issued provides the necessary assurance that transit service will be ready to be provided when the Certificate of Occupancy (CO) for the Mall expansion is issued. 5 ~ .."""" 11, No Bti:H:d4:l'\~- Fe.rm-~ Certificate of Occupancy for the Boynton Beach Mall Expansion shall be issued until the following activities have been completed: DO Condi tion 11 is not consistent with existing Council policy, 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. Further, no assurance is provided that this proj ect will not adversely impact the regional roadway network, Since this is a first attempt to provide alternative means of travel other than the automobile, care must be taken to insure successful implementation of this service, It is not acceptable to delay the approval and signing of the service contract until issuance of the certificate of occupancy, Condition 11 A and B The length of time the transit service should be required to run, or the "Service Period," has been inappropriately redefined. Council's intent in both the Boynton Beach Assessment Report and subsequent letter dated November 27, 1989, is 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, A, A service contract has been approved and signed by the City of Boynton Beach, the Palm Beach County Board of Country commissioners sitting as the County Transportation Authority, and the applicant which provides the level of transit service, including an appropriate promotional commitment, identified in Condition 12 ~e~-~ m4:l'\4:mtim-~~-~-~~ve--~a~-~-~-ma~4:mtim ~er4:ed---eever4:l'\~---~fte---eem~ie~4:el'\---e~---~fte 4:del'\~4:~4:ed-~-~~~~~~--~-~-~rea~ti~e eea~~---Re~4:el'\ai---Pial'\l'\4:l'\~---eetil'\e4:i~~---~4:l'\ai a~~e~~mel'\~-~-~e~-~-BeYl'\~el'\-~-Maii Sti},~~al'\~4:ai-~~-a't:~-ei'I.-~-t:-i.~+2--emd--H for the Service Period, The Service Period shall be defined as a geriod commencinq thirty days prior to the openinq to the pUblic of the Boynton Beach Mall Expansion and continuing until of the earlier of: (i) five years: or (ii) completion of the identified road improvements in the Treasure Coast Regional Planninq Council's final assessment re90rt for the Boynton Beach Mall Substantial Deviation Conditions 12 and 13, The contract shall also include a financing plan for implementation and monitoring of the transit route(s) including a 6 secured funding commitment (defined as an irrevocable letter of credit or bond). The f inancinq olan shall l?rovide that the maximum obliqation of the Aoolicant under the service contract shall be $100,000,00 oer vear for the Service Period: and B. A promotional plan outlining the strategies for facilitating, publicizing, and encouraging the use of this new service shall be submitted and approved by the City of Boynton Beach anQ CoTran in consultation with the Treasure Coast Regional Planning Council, Palm Beach County Metropolitan Planning organization. Such oromotion olan shall not require the Aoolicant to contribute more than $5,000.00 oer vear durinq the Service Period to imolement the oromotional olan: As adopted in the DO, this condition does not provide the assurance that the regional network will not be adversely impacted because transit service is not guaranteed through completion of the roadway improvements identified as necessary in the Boynton Beach Mall Substantial Deviation Assessment Report . 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. Consistent with Council staff Condition 18 (C), the service date should be 30-calendar days prior to the issuance of the co to assure anticipated patronage levels and passenger familiarity with selected routes. 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 bplieves it is inappropriate to assign specific financial obligation in the DO before the actual route(s) have been identified and approved. It would be more appropriate to include a financial plan which identifies the maximum obligation of. the applicant without specifying a dollar amount in the DO. An integral part of the service contract is a financial plan. Staff Condition 16 (a) indicates that the service contract would be reviewed and approved by the significantly affected parties (City of Boynton Beach, Palm Beach County Board of County Commissioners, and CoTran) so that approval of the contract would insure adequate funding of the transit alternative. The DO identifies a flat dollar amount to be paid by the developer, Since the final route (s) have not been determined or the promotional strategy developed, it is premature to assign financial responsibility in the DO. 7 '-' ." DO Condition 11C Proposed DO Condition 11(C) does not include staff's recommended language for determining continuance of the transit alternative. This is an important issue which needs to be addressed in the DO. C. A procedure has been established and approved by the city of Boynton Beach and CoTran in consul tation wi th 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 initiated within 90 days after the date of Certificate of Occupancy is issued for the additional square footage of the Mall and continue for the Service Period, A-.de~'e'!."m~"f~~-~~~-~4.m:l~'t4.ef\-~-~he ~~a"~~~--~~--~~'t~--~--~~~--e~ ~ae"~~~~ea-~-a"a-~~~e~-~m~~eveme"~~ ~"-€e~d~~~e~5-~~-~~~~-ba3ed-~peft-e" evai~a~~eft-~-~~~~~~~~-~e~e~~~ e"a-ex~~~~"~-%eve%~-e~-~e~~ee-eft-~he-~eaaway~~ The concluding language of Condition 11 does not contain Council's standard CO requirement language which requires roadway and intersection improvements be completed prior to issuance of COs for a specific level of development. . Ne-~-e~-~-~ha%%-~-f~~~ea ~e~-~-~~-Beaeh-~~~-~~~-fSea~~ ~~e~eT--~ft~~r-~-~~-~-~~~ea--~~a"~~~ ~e~~ef5T-ftaVe-eee"-~"-~e~~ee-~e~-~e-eay~~ In this situation, COs 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 the Mall's impact on the transportation network has been satisfied, thus mitigating an additional mall-related impacts. DO Condition 12(A) The Palm Beach County Metropolitan Planning Organization and Engineering Department should be included in the final route(s) selection and approval process. As previously indicated these departments are responsible for all the transportation-related activities including transit planning within the County, Additionally, these agencies participated in the initial review and development of the 8 transit-related conditions developed by Council staff and should, therefore, be made part of the decision-making process, 12. The transit service to be provided to the service area for the Boynton Beach Mall shall include the following: A. The route(s) shall consist of a combination of the proposed Routes A and B identified in the Boynton Beach Mall Expansion Transit Impact study I dated October, 1989, or the route (s) identified by the survey referenced in Condition 11, including serv~ee----~~ consideration of 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 I and Treasure Coast Regional Planning Council ~ft-eefts~%~a~~eft W~~ft--~--~~~- Bcach--~--Me~~e~e%~~aft P%aftft~ft~-e~~aft~~a~~eft-afta-~~a~~~e-e~V~s~eft~ DO 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 route service. The intended result is that impacts from the Mall expansion will be balanced with trans1t ridership. C. Bus service shall begin 30-calendar days prior to the opening of the Boynton Beach Mall Expansion to the public. ~fte-~r:-e~-~-~aeft~~~~ea-~-afta r%ee~-~-~s-~-aeft~eve-~-,,69,-veft~e%e ~~~~--~ea~e~~eft--e~~--~fte--~eaaway--"e~we~k W~~ft~ft-~fte-Ma%%Ls-serv~ee-a~ea~ The reason for including an "intent" statement as part of recommended Condition 12 was so that there would 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. The concluding language of Condition 12 does not contain Council's standard CO requirement language which requires roadway and intersection improvements be completed prior to 9 -., ..", issuance of COs for a specific level of development, Ne--~-i-f-ieft~-es--"C'f---oeeupency---~!lftad:'~--):,e ~58~ea-fer-~he-Beyft~eft-Beaeh-Ma%%-E~afts~e" *Sear5-~~-~~r-5~eh-~~~~-se%ee~ea ~ra"s~~-~~-~-):,eeft-~~-~-3e aaY5':" In this situation, COs 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 the Mall's impact on the transportation network has been satisfied, thus mitigating additional mall-related impacts, Conclusion The 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 to the City of Boynton Beach on November 27, 1989. Recommendations To reserve its right to retain jurisdiction in this matter and to assure that regional issues are adequately addressed, council should appeal the Amended Development Order for the Boynton Beach Mall Substantial Deviation until such time as the Development Order is amended to adequately address Council's concerns identified above. Council should authorize the Executive Director and Council's attorney to withdraw the appeal at such time as the Development Order is modified to address the issues raised in the appeal, 10 ATTACHMENT A RESOLUTION NO. 89-,.u tL u.. DEVELOPMEN'l' ORDER Amendinq prior Development O:der Adopted November 16, 1982 A aesolution of the City Caaaission of tn. ~ity of Boynton Beacn. Plo:ida. maJtinq findinqs and conclusions of law pertaininq to the Boynton Beach Shoppinq Ma~~. a D.ve~opmant of aeqiona~ Impact, and constitutinq this R.solution a8 a Deve~op- IIHUlt OZ'der by the Cj,ty of Boynton Be.ch in coaapliance with 1awt p:ovidinq an effective Qate: and p:ovidi.nq a te:mination date. ~"AS. Applicant. has had a Development OZ'der approved by the Board of County C~saioners of Palm Be.c:b COWlty (-R.so- lution No. R-74-343) on May 7, 1974 wt1i.c:b w.s adopted by the Cj,ty on November 16, 1982: which peftlitted 1,108,000 square feet of gross 1....Dl. are.: and WlIDDS, Boynton-JCP Aaaoc:iates. Ltd. (-Applicant-) has flied a D~t ~ ReqiollAU IIIIp&ct Applic&uon for Amended Dev.lopment ApproYal with the Cj,ty of Boynton a.ach, !'lo:ida, in accordance with Section 380.06. !'lorida Statutes: and WHEREAS. sa1d Applicant proposes to construct a total of 1,244,449 square feet of c~cial retail gross leasable space on the real p:operty who.. leqal description is set forth in Exhibi t · A-attached hereto and located i.n the City of Boynton Beacn, Plorida: and WHEREAS, the City Commission as the qove:ninq body of the City af Boynton Beach ~avinq jurisdiction. pursuant to Chap- ter 380, Florida Statutes. is authorized and empowered to con- sider Applications for Amended Development App:oval for Develop- ments of Reqional Impact: and WllDEAS, the City Commission on the 19th day of December 1989, held a duly noticed public hearinq on the Development of Reqional Impact Application for Amended .. ~ve~opment Approval .." and has heard and considered the test~ony taken thereat; and WHEREAS, the Applicant has revised the Site ?lan in accordance with recommendations of the City of Boynton Beach and consistent with tl1e intent of the requirements of the '!'=easure Coast Reqional Planning Council relative to the Pine Area ~~ ~he northwest corner of the si te as shown on ExhjJ)i t n 1- , The Site Plan submitted as Exhibit -2- hereto is herein approved by the City CODIIIL:i.ssion and no further Site Plan review or variances are necessary to construct and occupy improvements in accordance with tl1e Plan except aa nece.sary to adjust parking ratios to imple- ment the recommendation of the Treasure Coast Regional Planning Council and the City of Boynton Beach reqarding the P in. Area: and WBE1lEAS, the City CClIIIIIlission has receiv.d. and con- sid.red the a....sment report aDd recomm.ndations of the Trea.ure Coast Regional Plan~q Council: ADd WHEREAS, the City COIIIIli.aion haa !Dacie the . f.ollowing FINDINGS OP FAa and CONCI.t1SIONS OP LAW with reqard to the App1i- cation for Amended Development Approval: FDlOINGS OF FAa 1_ The proposed Development is not in an Area of Critica~ State Concern desiqnated purSUaDt to the provisions of Section 380.06, F~orida Statutes; 2. The State of Florida has not adopted a land development plan applicable to the area in which the proposed Development is to be located; 3. The proposed Development is consistent with the report and recommendations of the Treasure Coast Regional Plan- ning Council submitted pursuant to Section 380.06(12)(2), Florida Statutes; - 2 - 4. The proposed Development ~a consistent with the local comprehensive plan, zoninq and development laws and requla- t.ione of the Cit.y. If the City staff reque.ts a Comp==nensive Plan Amendment or re:oninq of the Pine Area as defined in Condi- tion 2 in the future. Ue A.pplicant will comply -.;i-:.'"1 such request. S. The premise. are correct and neraby accepted by the Cj, ty , CONCLUSIONS 01' LAW NOW, 'rBDEPORE BE IT RESOLVED BY THE an COMMJ:SSION 01' THE C:t'1'Y 01' BOYH'rON BEACl, FLORIDA, in puQlic meetinq, duly con- stituted and u8emDled. t1U.s 19c:h day of Oec:uaber 1989, thAt the Development of Reqional ImpAct Appllcation ror Amended Developaent Approvu suJ:mli. tted by Applicant is hereby ARPROVEO , subject t.o Ue follow:i.nq conditiona, re.uictions and limi.ta. t.ion. : AQQllcation for Develoament ACQroval 1. The Application by Boynton-JCP Associates, Ltd. for Amended Development Approval ~s incorporated herein by refer- ence and relied upon by the Parties in discharqinq their statu- tory duties under Chapter 380, Plorida Statutes. The Applicant is Boynton-JCP Associates, Ltd. and shall hereafter include the successors and assigns of Boynton-JCP Associates, Ltd. SuQstan- t.i~ compliance with the representations contained in the Appli- cation for Development Approval is a condit.ion for approval. Por purpose. of this condition, the Application for Amended Develop- ment Approval shall include the followinq items: Application for Development Approval submitted Auqust 18, 1988, and supplemental information submitted September 14, 1988 and December 12, 1988 and Boynton Beach Mall Expansion Transit. Impact Study dated OC'l:ober, 1989. - 3 - ;, ~encement and Proqress of DeveloDmen~ ....." 2. Failure to initiate construction and :~ysical development within three years from the effective da~~ cf the Development Order, or failure to maintain reasonable ~=o~=ess toward completion of the development after havinq initi~~~d :on- struction in a timely manner, shall constitute a subs~a~~ial deviation and the development shall be submited to further review pursuant to Section 380.06, Florida Statutes. Construction shall be deemed to have been initiated and physical development commenced aftar placement of permanent evi- dence of a strUcture (other than a mobile hame) on a site, such as the pourinq of slabs or footinqs or any worx beyond the staqe of excavation or land clear1nq. Termination Date 3. This Oevelopment Ordar shall ter.=inate on December 31, 2010 IUlless extended by the City CoJlllll:i.ssion. Nothinq harein shall limit or extinquish any vested riqh~ of the Applicant, its suc~ssors or aaaiqna. CONDI'l'IONS OF OEV'!LOPMENT ORDER AS AMENDED 1. Except as specifically amended herein, all condi- tions specified in the Development Order (Resolution No. R-74-343I and subsequent amendments to the Oevelopment Order for Boynton Seach Mall shall remain in full force and effect. 2. Prior to issuance of a Certificate of Occupancy for construction of additional square footaqe pursuant to the Amended Dev~lopment Order, the Appli~ant shall confirm that it will not develop in that area "Limits of Pine Area" shown on Exhib~t "1" in the northwest quadrant of the sits. 3. Prior to commencinq construction activity within the parcel containinq the area not to be developed, (described by - 4 - -Li- _~s of Pine Area- sbown on Exhibit -1-), the area ~nal: be temporarily fenced or otherwise delineated to prevent c~~s~:uc- t.::.on equipment from enterinq the area. 4 . A~~ Brazi~ian pepper, Australian pine, and Melaleuca on the site sball be removed prior to issua~ce of a c.r~ficate of occupancy for any buildinq constructed pur3uan~ ~o this Deve~opment Order, 1andscapinq, ~hese species sba~~ not be used in s. A landscaped buffer alonq the west boundary of the Pine Area and adjacent to Javert Street sball be provided in accordance with the plan attached as Exhibit -1-. 6. A. ~he use of qrassy swales sball be utilized in the new parJcinq lot additions, as shown on the Site Plan (Exhibit -2-) , B. ~ittora~ zone plan~q sb&~~ be provided in accordance with the permi.ttinq requirementa and Florida Depart- ment of Environmental Requlation and Soutb Florida Water Manaqe- mant Disttic:t. 7. Under no circumstances shal~ post development runoff volumes exceed predevelopment runoff volumes for a s~orm event of three-day duration and 2S-year return frequency. 8. Prior to issuance of a buildinq permit for any additiona~ square fooeaqe approved by this Development Order, the the applicant of the bui~dinq permit sbal~ prepare a nazardous m&teria~s manaqement plan for the expansion that mee~s the approval of ~reasure Coast Reqional Planninq Council and the City of Boynton Beacb. The plan shall: A. Require disclosure by tenant of all hazard- ous materials proposed to be stored, used, or generated on the premises; - 5 - ~ B, Provide min~um standaras and pr~dures :or storage, prevention of spills. containment of spills, anc ~rans- fer and disposal of such materials; C. Provide for proper maintenance, operation, and monitoring of hazardous materials management systems, including spill and containment systems; D. Detail actions and procedures to be followed in case of an accidental spill; E. Guarantee financial responsibility for spill clean-up; and F, Require the inspection of premises storing, using, or generating nazardoua mat.ri~ prior to commencement of operation and periodically ~er.&fter. to assure that the provi- sions of ~e pLan are being implemented. 9, No ~ldinq pe:mits for the Boynton Beach M&ll Substantial Deviation shall be issued until all right-of-way within the project boundaries have been dedicated, free and clear of all liens and encuabrances, to the City of Boynton Beach or Palm Beach County as necessary and consistent with the Palm Beach County Thoroughfare Right-af-way prot!~ion Plan. No dedications are necessary to implement ~e Substantial Devia~on. 10. No building permits shall be issued for the Boynton Beach Mall Expansion until an origin/destination (0/01 survey has been ccndu~ed and submitted to the City of Boynton Beach, CoTran, and Treasure Coast Regional Planning Counc~l, Results of the survey shall clearly demonstrate where the transit ridership potential ex~sts (origins) and identify which roadway links (i.e., I-95 interchange, Boynton Beach Boulevard. Old Boynton Beach Boulevard, and Congress Avenue. etc.l will be posi- tively impacted by provision of transit serv~ce to these areas and shall be evaluated to adjust designated travel route(s) in order to maximize ridership, - 6 - t The survey questionnaire and implementatiol. ;neth- odoloqy .shall .be evaluated by the City of Boynton Beach, ~o~ran, Palm Beach County, and Treasure Coast aeqional Planninq Ccunc~l. 11. No Cutificate of Occupancy for the Boynton aeach Mall Expansion shall be issued until the followinq a~~vities nave been completed: A. A .ervice contract l1&a been approved and siqned by the City of Boynton B_cn, t:be palm Beach Coun1:y Board of County Co~saioners sittinq as the County Transport:ation Autnority, and the applicant which provides the level of transi.t service, includinq an appropriate prCDOtional commitment, identi- fied in ConcU.tion 1:Z for t:be Service Period. 'l'he Service Peried shall be defined as a pe:iod ccmDencinq thi.rty days prior to t:be OPezUJ1q to ue puhlic of tne Boynton Beacn Mall Expansion and continuinq until of ue earlier of: (il five years; or (iil completion of the ideatified road improvements in the Treasure Coast aec;ional P l&nDi.nq COuncil'. final assessment report: for the Boynton Beach M~ SUDseantial DeViation Conditions 1:Z and 13. Th. contract shall &.lao inc:.1uct. a fi.nancinq plan far impl_ lIIeJlt&ticn. and lIIonitorinq of the uansit route ( s) includinq a secured fundinq cClllllli tmen.t (defined as an irrevocaDle letter of credit or bond), The financi.nq plan shall provide t.i1at the max- ~ obliqation of the Applicant under the service contract shall be SlOO,OOO.OO per year far the Service Period; and B. A promotional plan outlininq the strateqies for facilitatinq, publicizinq, and encouraqinq the use of this new service shall be submitted and approved by the City of Boynton Beacn and CoTran in consultation with the Treasure Coast aeqional Planninq Counci.l, Palm Beach County Metropolitan Plan- ninq orqanization. Such promotion plan shall not require the Applicant to contribute 1II0re than S5,000.00 per year during the Service Period to implement the promotional plan: and - 7 - ~~pl~cat~on for Development Approval and '--..-- ",., summa~d in the Regional Planning Council Assessment Report for the development undertaken: P. Any request for substantial deviation deter- mination that was filed in the reporting year or is ant~=ipnted to the filed during the n~ year: G. An i.ndication of a change, if any, i.J1 local government jurisdiction for any portion of the development since the Development Order was issued: H. A list of significant local, State, and fed- eral permits which have been obtained or which are pending by agency, type of permit, permit number, and purpose of each: I. 'l'he annual report shall be transmitted to the City of Boynton Beach, the 'l'reasure Coast Regional Planning Coun- dol. the I!' lorida. Department of CCJIIIDWli ty Affa~rs, the Florida Department of Natural aesources, and such additional parties as may be appropriate or required by law; J. A copy of any recorded notice of the adoption of a Development Order or the subsequent modification of an adopted Development order that was recorded by the Applicant pur- suant to Subsection 380.06(15). Florida Statutes: and K. Any other information reasonably required by the C~ty Co~ssion of . the City of Boynton Beach or the Planning Director to be included in the annual report. 4. The definit:.ons found in Chapter 380, Florida Statutes shall apply to this Development Order. 5, The C~ty of Boynton Beach hereby agrees that before December 31, 2010, the Boynton Beach Shopping Mall Devel- opment of Regional Impact shall not be subject to down zoning, unit density reduction, or intensity reduction, unless the City - 10 - dam :rates that substantial changes in the c, ieions underlying the approval of the Development Order have occurred, or that the Development Order was based on substantially ~~accu- rate infor.mation prOvided by the Applicant, or that the cnanqe is clearly established by the City of Boynton Beach to be e~sential to the public health, safety, or welfare. 6. ~his Development Order shall be binding upon the Applicant and its a..ign... or successors in interest. It is understood that any reference herein to any qovernmental agency shall be construed to mean any future instrumentality which may be createcl and desiqna.tad as succe..or in interest to, o~ which otherwise pos.es... any of the powers and duties of any refer- encecl qovernment agency in existence on the effective date of this Development Order. 7. ~he approval granted by this Development Order is cond:i.tion&.l and shall not be construed to o.bv1.ate the duty of tne Applicant to cClllply wit!l all other applicable local, State, and federal permitting requj;r_enu. 8. In tne event tnst any portion or section of this Development Order is deemed to be invalid, illeqal, or unconsti- tutional by a court of competent jurisdiction, su~ dec~ion shall in no manner affect the remaining po~ions or sections of the oriqinal Development Order, wbich shall remain in full force and ef f eC1:. 9, ~his Development Order shall become effective ~ediately upon adoption. 10. Ce~ified cop~es of th1.S Development Order shall be trans~tted i=mediately by certified mail to the Department of Community Affairs, the Treasure Coast Regional Plann~ng Council. and Applicant. - 11 - "-" 19th Attest.: PASSED AND ADOPTED in a public hearing h~ on ~his the day of December , 1989. I Ci:/ifi/2c~ .- / / Mayo: /~~ Z/" Vice Mayar 1- lJ-,,b. ~ W k~ :- co-i.Ssi""?td. . o ~/(It~ ~~r""er CaamU.saioner ~A~~~~A~ Sou. nne M. KJ:use Deputy City Clerk - 12 - , ) f./o .J .J ~ . .~- .,....... ........ ... .. .. . ( ( "l.. BDDI%'1" -A. DGIIIftII 8DCH ...:::IlL ,7 5.13 M:IIS . . A ~ ot UncI lyinf in s.:t:iaIt 19. ~q,.5 Saatb. ... .3 ~. PllJa ~ Caum:y. nod... ~illJ __ ~c:a1.Kly ~i~ - foll~: c~ Q at: ~ C8nt8 at _id s.=iaa ar tMac:e M.~ '51"'.. a1anlJ t!w Noctb Scluch V4 SlId:ian 11.. of said s.::daa. a ~ of 35.00 feet:: tMncIt M.a~''21~. a d1seanca of <<2.01 feet: tD ttw- pcin::ipal paint: and p1ac:lt of '-Jinninq of the- fo11G1rin9 dIIcl:i~Oft: "l'tWrIoa M.o-'51.51...... a1anlJ . lu. <<1.00 t..c ea.c of and pKallel vi th aid Noc1:h Sauth l/4 s.:t::ion U.... . ~ ot Wl.23 fee1: tD a poi M an ~ South ric;nt:-of-" U.. of ao,..&:iDD Canal; t:t--=- N. 3P05'26'"!:.. alClnlJ _id ~ riqnc-of...,. line. . d~ of 347.'3 f..e tD a paine: tMncIt S.Q'I'05'2''''.. . ~ of 14%.OZ feet: tD a point:: thlInc:w 233.a7 fwe alGllllJ an aa: to t:be dqbt:. a.rilllJ .. Qdlus of 335.00 feet: and a dMn:d ot m.lS fewt: bRei..,. S.~'2&"WJ ~ 372.l0 f.-. alanq .. ace: to t:be lef1: n.willlf a Qdlu. of 410.00 feet: and a ~d of 359.'" feet:, bMl:i." S.14e05':Zrw.; t:!--=- S.11.~'34~, a dist:ance of 70.00 f..c to a paine: ~ 112.26 f..c. alaalJ an aft: to the dqi'n:, haVinq .. adl.. of 235.aa feet: .., _. c:baaS of 168.43 f~ t.u1nlJ S.'-OS.2J......; tMllCa- 1.82.18 f-. a1GnIJ .. ace tD ~ let: havinq .. radtua of 32S.a::I feet: and . ciIaaI of 119.81 f-. t..dlllJ S.14-o1 .53.....; 1:INDc:l6 S.az-ol'39""!:.. . dlaaara of 23.'" ~. tD . paine: t:bIInl:=- 94.2:5 f..e. alonlJ .. ace to the do_ a.rt." . Qd1_ of 6O.a::I f..c and . c:aom of 84.a! f..e:. t..dDlJ s."~''21'''.1 tJ--=- s.a~''21''''.. . ~ of SO.59 f..c tD t:be Palnt: of a.,inai." and ~inin9 S.83 -=-s. of land, IDat or 1_. -..-= ~-~ [. ..~~ ,.,1- ,-,,;. - "-' ..., BOYN"rON BDO! MALL U6.364 AC1lES A ~aeoc ot land loea~ed in Section 19, TOwn.hip 45 Saueh. Ranqe. 43 !aat, Caun~y of Pal1I aeaeh, r1orid.. and fur1:.ner de.cribed as folla~.: aeqinninq at. the Southe.st carner of Section 19, ~.~ S, R43E: thene. H 00 - 59' 39 - w alonq the EaaOC lin. ot !laid Seco:.ian 19, a d1stane. ot 1898.1a f.et: to .a point: thence S B9 - 00' 21- w, & d.Lac:anc. ot 50.00 f..1:. to & point on the ",..t.rly r iqht-ot-way line of canqr..s Avenue, said point also aeinq the principal paint and place at aeqinninq of the followinq description: ~eace S BS- O~" 2&- w. a aist:&ftc. at B46.73 f_t to .. point:: 1:.beac. S 43- 32i 54- W. a d1stanc. of 57.02 f.et to & poin~: 1:.bence S 00- 59' 39- E. a Q.1stance of 2S8.27 feet to a point: 1:.bene:a S 16- 46' 44.2- E. & a1socanee af 199.50 f.et to . point: thence S 00- 59' 39- E. a diatanc. .of 102.20 feet to . point: th.nc. S 44 - 46' 34 - E. .. cU..unee of 14.45 f.ee t.o. . point on the naJ:1:.be:ly dqbt-of-way line of aoynocon w..e Ro&cl (fonaez:ly old aoynl:On Road) 1 thenC8 1'1 89- 46' 34 - w, .lonq said l'Iort:berly Une. .. cUst:ance ot U84 .2S het to & point:, ehence It 00 - 51.' SJ. - W. & cU.stanc. of U28. 05 t..t to .. point: tnenc. H B7- 58' 11- E. .. dia1:.&Dce ot 52.34 f..t t.o a pOin1:.1 thence 227.77 f_t: aJ.onq & ~~e t.o en. 1.f1:.. havinq a rad.Lua at 145.00 feet uad & c:bord ot 20S. 06 f_~, be..rinq It 4%- 51' 11- E. to & point:: thence N 2- OJ.' 39- W. a ~t:Anc. at 2J.67 f.et to .. poLAt: !:.lIence 1J4.S4 feet alonq . curve to 1:be riqht:.. havinq .. rad.iua of 240.00 f.et and a cnord ot 1J~. 78 f..t. bearin9 H 14- al' SJ.S- E to .. point: thence 2.34.57 feet: alonq .. caJ:'ge to the lett,. havin9 .. r&c1iua of 3%0.00 fe.t and .. chord at 2%9.36 fe.t. bear1nq N ,- OS' 2&- E to .. point; thence N U. .54' J4 - W. & ciistance at 70.00 fe.t to . point: tnenc. 2.94.96 feet. alonq .. curve to the dqht. b.."inq. .. rad1ua of 325. ao f..t and & cbord af 284.94 feet, oearinq 1'1 1.- OS' 2&- E t.o & point: thence 293.22 feet ..~onq a ~rv. to tbe lett. havinq a rad1us of 420,~0 fe.e and .. chord of 287,30 feet, beariDq N 20. OS' 2&- !: to a point: thence 1'1 00- 05' 26- E. .. diatance ot 145.00 feee to a pain~: .thencI! N BS- OS' 2&- E. a distance of l7:J8.97 het to a point: thence S 00- 59' 39- E. a distance of 472.8& feet to a point: tn.nce N8S- OS' 26-~. . distance af 328.87 feeoc to a point an the westerly 11ne ot canqress Avenue, thence S 00- 59' 39-E. alonq said westerly line, a distance of lJO.01 feet .to'.& point:'.tbence 1'1 46- 27'.0"'- w', a. distance af 56.11 het to a point: thence S 8S. OS' 2&-.W. a aiataRce of 430.00 feet t.o & paine; tbenee SOD- 59' 39- E. . ciist:ance ot 509.99 f..t to a point; ehene. H 88- OS' 2&- E. & di.t:ance of 4JO.00 f.et 1:.0. a point; enenc. N 4J- 32' 54- E. a ci1a1:&nce ot 57,02 e.eoc tD . paint on the Westerly line of Conqress Avenue: th.nce S 00. 59' 39- E. alonq saici westerly line. a distance of 170.01. feet tD a poinoc: thence If 46- 27' 06- W. a ci.i.stance of 56..11 feet to a po~nt; ehenc. S 8S- OS' 2&- W, & ciia~~ce of 50S.00 fe.t eD .. poLnt; tnence S 00.- 59' 39 - E. & cii.tAnc. of 2JO. 00 e.ee to .. point; thence H 8S- OS' 26- ~. & ciistance of 340 00 feet to a point; thence S 00. 59' 39- E, a ci1atance of 150'00 feet to a point: thence S 8S- OS' 26- w, a ciistance of 340'00 feet to a po~nt; thence S 00- 59' 39. E, a diatance of 229:99 feet to a po~nt; thence H 8S- OS' 26- E. a distance of 608.00 feet to a poi~t; t.hence If 43 - 32'. 54. E, a ciistance of 57,02 eeet t.o a poJ.nt on the We.terly. line of Conqress Avenue- theDce S 00. 59' 39- E. alDnq .aid west.rly line, a ciistanc~ of 130.01 feet to the prinCipal paint and place ot beqinninq and containinq 107.7S acres of land, more or less. AND - " .ft1 ot bad 1y11111 ill Sefti. 19. t_841' ~5 S_d. AaDCIe 4, EA.c. 'ala a.aca CouacY. Florida. b.1DI "1'. pU1:iG\llarl Y el..czoUMc& u !OUOVSI '"'') Ne. aC Qe c..~ oC. S~1OD 1': l:h.... N O. 51' 51- If. U..., . tJae HonJa Souda 1/4 ~1_ U.. ot saici S~1-, ~ cl1acaac. ot 35.00 teet: ~ftC. N .,. SI' %18 E~ & lii_unc. ot 20.00 c..e tD eJa. pr1Al:t;aal po1fte aDd pl... 0' beq1Jln1ft9 0' Ut. 'o110V1nq d..Gr1pC1OD. na.... ~~1nq N IT- sa' 21. C . dU__. oC :0.01 CeeC tD ~ poiAC; u..u:. H O. 51' 51- v, a1... & Ulw.40.00 C..C E..e ot _a pU'aU.l ,,~ca a&1ci No~ Souca 1/4 ~ liDo. & 41.e..... 0' U'l.~ e..e tD & po1fte .. the Souda r1"ac_c-ay lJ.ne ot loyacan CaaaJ.; =eac. H II. as. 168 E. u.... ..u Souda r1qae-oC.".Y 111M. . cU.a~. oC 4:3Z.99 Ceet: co 8 poutu l:h.... S 08 05' :.- ~, . cll_caac. ot 1.45.00 teet: co . poiAc; ~. 293.ZZ e..c &loacr - 81'1: to ta. r1qAc. llaYiaq . co..u... ~ 4%0.00 '.oC ... . cAOCa ot 217.:10 t..c DeU'iaq S 20. OS' Z.- w, Cbea8e %'4.96 t.... .loner - an co tJIe'le'l: 1IawUIlf a r..1ua ~ 3%5.00 ,~ ... . cA.wG oC 284.94 t..c. DeU'tnCJ. S 14- OS' %,- w, ~ S 11- 54' 34- t, . 4ue.... ot 70.00 ,... CO 8 potAe; tla.... 2.34.57 hee, ..Loner _ &1'1: to eJa. ricraC. haw. . co_i... ot 320.oa t..e ancl & ~AOca oC 2%9..:1. t... -.ci.nCJ S. ,- OS' Z.- w, ~. ~4.~4 ,..C. a.L0IICJ an &I'C to ca. 1.Cl: laawt.nq . 1'..1... ~ 24G.QO ,... aM . daocd 0' ~z. 71 ,..C. be..1IICJ S 14. 01' S:S- If, eJa_S OZ- 01' J9. E. 8 cU.acaac. 0' %:S.67 ,..C 1:0 . poiAe: ~ zz.,. T7 t_c. 81011CJ an 81'C to tJIe r1qae laawi... . na1... ~ 145.QG t... and . UoN o~ 20~~06 C"C. be.r1nq S 4Z. sa' 21- w, ~ S 1"- 5.' 21. W, . .u.t:aIMt. o~ 1Z.34 t_t: co 8 page, ~ N o. 51' 5~. W a cU.a__ ot IS.OO t..e CO 1:M peiAc ~ 1M9~ and ~_C&aA1alr 1.614 aao.. ot 1... ~ or 1.... AIm Ih r-=. .,4- L 7a M:US A ,......1 oC laIIIl l.yiIIlIJ 111 ~ 1'. 'tD!- "ill 45 SGut:il. ...... 4: ~C. .ala s...:a c..acy. ntW1da. De1Dq ..... ~l_.L_J.y 4--=r:UMd A8 !oU_i ~l If'_ aC C. c.c... oC .a.l ~_ 1': ~. H 0- 51' 51. w, u..... Ce Noc1:!a s.aC2a 1/4 s-:1_ l.1J1e o~ saiG S~_. . 4iacaace oC :15.00 t..., 1:IIlMIir. H 87- sa' %1. 1:. & 41a~. ot 20.00 C..c to eJa. ~'PaJ. potac ..... pl_ ot be9:1.11a1nq 0' 1:11. tollowi.aCJ d..czo1.,c1OD. ~. H ,.,. sa. n- c . ~.oC %0.01 t..c CO . popae: ~ H 00. 51' 51- w a cU.-=-- ~ U91..Z3 t..c CO . pcrtne: ~. 11 aa. OS' ;&6- C . ~ o~ 50.01 ,_c to . paUle: ~. S 00. 51' 51- E . ~ ot ~5.ao t..c 1:0 . poine; ~ If 89- OS' 09"" E . cl1aC.1Dc. ot sO.aa t..c to . poine; eJa.... S 00- 51" 51- E . cl1a~ ot 110.00 ,... to . J'Olne: ca-. If 8'- os" 0'. E. . 4t.__. ot 10.00 t..c to . paine: . 1:Ja_ S 00- 51" 51- E & .uac-. ot 690.00 t_e to . paine: 1:JI_. S 89. OS' 09. If & eli_-=-- oC 2..95 t_e to . paUle: Qencao S 00- 51' 51. E . dia~ 0' 160.39 '_e to . paane: l:!aeaca S 87- SS" n. v . cU.acaace o~ 34.96 ,... to . POUl'l.: tll__ S OZ- _ 01 · 3'. 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": "':' -.. f . -: .. .. .. -. -I -I ""'" . \ \ ~.~ . . ,'. ---; ".'~,~',:': , "~~~. . e-';~ . . ~ :':T' ~. .------------ ATTACHMENT 8 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 wi th 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 condi tion, 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. VI EFFECTIVENESS OF DEVELOPMENT ORDER 2. Except as specifically am~nded 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 5.83 acres of pineland in the northwest quadrant of the site whose approximate location is shown in Exhibit HVW-l. Preservation in perpetuity as a na~ive habitat preserve area shall be assured by deed restriction for a minimum of 5.83 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 consulta~ion with 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 and appropriate replanting of areas currently dominated by exotic vegetation: and VII .. ~ .."" c. a plan which includes methods of funding 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 submi tted to both of those enti ties unless the area is deeded over to the City of Boynton Beach or another entity acceptable both to the City and Treasure Coast Regional Planning Council. If ownership of the area is transferred, it must be done so with deed restrictions that require its preservation as a native habitat area. S. 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. 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 7 . The stonnwater 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 VIII swales to pretreat runoff before conveying it to the detention ponds and weekly parking lot sweeping. S. Vegetated littoral zones shall be established around the existing detention ponds utilizing native woody species. Prior to construction and planting of the littoral zones, the developer shall prepare a design and management plan for the littoral zone to be reviewed for consistency with the Regional comprehensive Policy Plan by Treasure Coast Regional Planning Council in consultation with the City of Boynton Beach, South Florida Water Management District, and Florida Department of Environmental Regulation, and ai?proved by the City of Boynton Beach, South Florida Water Management District, and Florida Department of Environmental Regulation. The plan shall: (1) include a plan view and site location: (2) include a typical cross section of the detention pond: (3) specify how vegetation is to be established within the littoral zones: and (4) provide a description of any monitoring and maintenance procedures to be followed in order to assure the continued viability and health of the littoral zones. If Treasure Coast Regional Planning council determines that the design and management plan for the littoral zones is not consistent with the Regional Comprehensive POlicy Plan, then the developer will be in violation of the Development Order. No certificates of occupancy shall be issued for any IX ~ ....-I additional square footage constructed pursuant to this Development Order until the plan is determined to be consistent with the Regional Plan. Wherever possible a minimum of ten square feet of vegetated littoral zone per linear foot of shoreline shall be established 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. 9 . 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 10. 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 to be reviewed by the Treasure Coast Regional Planning Council for consistency with the Regional Comprehensive Policy Plan and approved by the City of Boynton Beach. The plan shall: x require disclosure by tenant of all hazardous materials proposed to be stored, generated on the premises: provide minimum standards and procedures storage, prevention of spills, containment spills, and transfer and disposal of materials: provide for proper maintenance, operation, and monitoring of hazardous materials management systems, including spill and containment systems: detail actions and procedures to be followed in case of an accidental spill: quarantee financial responsibili ty for spill clean-up: and 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. If Treasure Coast Regional Planning Council determines that the hazardous waste management plan is not consistent with the Regional Comprehensive Policy Plan, then the developer will be in violation of the Development Order. No additional building permits shall be issued until the hazardous waste management plan is found to be consistent with the Regional Plan. a. b. c. d. e. f. used, or for of such XI W' ..", TRANSPORTATION 11. 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 enCUlllDrances, to the Ci ty of Boynton Beach or Palm Beach County as necessary and consistent with the Palm Beach County Thoroughfare Right-of-way Protection Plan. 12. 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. 13 . 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: XII a. Hypoluxo 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 XIII ~ ...." d. New Boynton Beach Boulevard/Congress Avenue Northbound Southbound one right-turn lane three through lanes two left-turn lanes one right-turn lane three through lanes two left-turn lanes Eastbound 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 Boulevard/I-95 West Northbound Southbound one right-turn lane Not Applicable two left-turn lanes Eastbound ~L.T one right-turn lane 3T three through lanes Westbound three through lanes two left-turn lanes f. New Boynton Beach Boulevard/I-95 East Northbound Southbound Not Applicable one right-turn lane two left-turn ~anes Eastbound Westbound d (_--r one right-turn lane Z-r three through lanes three through lanes two left-turn lanes All configurations shall be constructed and permitted in accordance with city, County, and State criteria. XIV 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. 14. The developer shall pay a fair share contribution consistent with the fair share impact fee ordinance applicable to the Boynton Beach Mall Substantial Deviation. lS. No addi tional building permi ts 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 addi tional 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 0 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 0 under peak hour, peak xv ~ ...", ~ 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 proj ect phasing program and roadway improvement program (necessary to maintain Level of Service C annual average daily and Level of Service D peak season, peak hour operating conditions) has been approved by Palm Beach County, the City of Boynton Beach, and Treasure Coast Regional Planning Council for the remainder of the development. 16. No building permits shall be issued for the Boynton Beach Mall Substantial Deviation until it has been demonstrated to the satisfaction and approval of the City of Boynton Beach and Treasure Coast Regional Planning Council in consultation with Palm Beach County Engineering DepartEent and Metropolitan Planning Organization that the transit plan alternative outlined below will adequately mitiqate the additional impacts generated by the Boynton Beach Mall Substantial Deviation in lieu of construction of some or all of the roadway and intersection improvements identified in Condi tions 12 and 13 in Council's Boynton Beach Mall Substantial Deviation Report and Recommendations adopted on April 2~, 1989. Any portion of Conditions XVI 12 and 13 not satisfied by the approved transi t plan alternative shall remain in full force and effect. The plan shall include the following: a. A transit study that addresses the feasibility and justification that the service will be used by targeted populations including a ridership forecast and availability of equipment and manpower. b. An identified and approved transit route(s) and schedule(s) to provide service to the mall~ and surrounding residential neighborhoods. c. A financial plan for implementation of transit service incl uding a secured funding commi tment (defined by an irrevocable letter of credit or bond) which will guarantee transit service to the mall until all the improvements identified in Conditions 12 and 13 have been constructed. Funding shall also be secured for the moni toring outlined below. d. Methods to facili tate, publicize, and encourage mass transit use such as construction of bus shelters, provision of bus stop signs, distribution and public display of bus schedules and mass transit information, shopper surveys, incentives, etc. XVII .'w ..., e. A quarterly moni taring report that moni tors ridership levels, effectiveness of routes and schedules, and operating and maintenance costs involved. The moni taring program shall be initiated within 30 days of the opening of the additional square footage of the mall and continue until improvements identified in Conditions 12 and 13 have been completed. A determination regarding continuation of the transit service after the completion of identified road and intersection improvements shall be based upon'an evaluation of the quarterly monitoring reports and existing levels of service on the roadways. No certificates of occupancy shall be issued for the Boynton Beach Mall Substantial Deviation until such time as elements of the transit plan al ternati ve are implemented and the service is on line to begin service on opening day of the additional square footage of the mall. XVIII ~' -/ ~ ~ 1 I ~ 1 II J ' I l I I i 1 i 1 1 , . , \ . .l.lt ' \ · J ~ t,.,. ~...w.;..~ . . '..~ ~~ ~ .:,;..... ~ ~ ... ~l ,(re:QJure .. COOJ~ '") ., . , feQ~~QnaJ p~QnnuJg counc)i '\ - .t\CHMENT C , ,l ~:. ". .~.:~ .~~_:: ---.. 1 -'--'--~G._. ---. - ....: ~i- _. .......:;J. ~;.~..L!'}_L ,~~a.~ 1.t.. . .. November 27, 1989 Mr, TLn Cannc~ Interim Planning Director City ot Boynton Beach Post Office Box 310 Boyntcn Beach, FL 33~5-0310 Subje~: Boynton Beach Mall Development of Regional Impac~ 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 (DRl) Substantial Deviation. The report includes a condition which provides t.he opportunity for a transi t-relatad solution t.o the identified roadway and intarsF:'!c~ion impro".TGme~ts necessary to maintain Council's adopted :\lvel of service on t.he.t.ransportation nee~ork as a result of t.he proposed Mall expansion. In response to direction given by Council at its April meeting, the applicant in consultation with CoTran, Palm Beach Coun~y/s Metropolitan Planning Organization an~ Engineering Depa~ent, and Treasure Coast 'Regional Planning Council began evaluating the transi~ potential in the Boynton Beach area. The resulting t.ransit study seems to indicate tl1at an adequate level of transit ;;:ctential may exist .tiithin close proximity of the Boynton Beach Mall to make transit serlice to the Mall one option to the i~provements identified in Conditions 12 and 1J of the Boynton Beach ~all Report and Recommendations. Staff has developed the enclosed transit-related Conditicns 16, 17, and 18 for the City's considerat.ion as :nitigat:..~n for t~e anticipated impac~ on t~e t=ansportation sys~=m ::-ssul ':.:...'1g from Mall expansion. !t is s1:aff' s opinicn tha.-= these conditions adequately address Council's intent or :naintaining acceptable levels of serlice on the regicnal. road-Nay ne;:-,.;ork. Shculd t~e aegional Planning Counc:.:" =ecei'l,= an amended. Development Order (DO) for c~e 3c'lnton 3each Mall .tihich. includes Conditions 16, 17, and 18 (as enclosed) ~n su.bs~i tution for the improvements identi.: ied in Conditions 12 and 1J in tr.e Reoort and Recom~endaticns :~r the Eovnton 3each Mall DR! Substantial Devia~icn, staff ~ould recommend I t ; '.. \:-~o~~ ~ 32:J s.w. marfln downs blvcl. sud. 20. . ~.o. baa 15:Z9 pall" c:ity, tlorfcla ~'i90 ",non. (401l :86-3313 ...J r) ~ , . ~ 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 ~~o additional modifications to the recommended condit~ons for development approval which ~ere transmitted to the City on May 5, 1989. As you will note, these changes modify Conditions 1 and 15, Condition 1 now includes the Bovnton Beach Mall Exoansion Transit Imoact StudY as part of the Application for Development Approval. Given the unforeseen delays in project approval, Condition 15 now =eflects an extended termination date for issuance of building pe~its. ~1odifications to the conditions t=anslUitted to the City on May 5 are shown in the strike-through, underline format. I trust the enclosed conditions ~ill 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, .- JMC:lh.b Enclosure C,... .... . J. Stansbur/ G. Schmidt A. Ennis J. Golden T, Marsicano C. COI?Z'-..aIl J f) RECOMMENDATIONS If the City of Boynton Beach chooses to approve the proposed expansion to the Boynton Beach Mall Dev.elopment 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 ci '=7 of Boynton Beach. APPLICATION FOR DEVELOPMDTT APPROVAL 1. The Boynton Beach Mall Substantial Deviation Application for Development Approval is incorporated herein by reference. It is relied upon, :Cut not to the exclusion of other available information, :cy the parties in discharging their statutory duties under Chapter J80, Florida Statutes. Substantial compliance with the representations contained in t~ Subst:antial Deviation Application for Developmen~ Approval, as .modified by Development Order amendment conditions, is a condition for approval. for the purpose of this condition, the Subs~antial Deviation Application for Development Appr~val _' '1, .::.na_~ include the :~llowing items: 1 '-' a, J .." Substantial Deviation Application for Approval dated August 18, 1988: Development ./ b. Supplemental infor.:uation dated septeml:ler 14, 1988 : etl'te c. Supplemental infor.:uation dated Deceml:ler 12, 1988 ; and g. Sovnton Beach Mall E:x';:lansion Transit !:::roact Studv, dated October 1989. 15, No additional building ~e~i ~s shall be issued after eeee~e~-~~7-~~~ June 30, 1990, unless a traffic study has been conducted by th.e developer, and sutlmi tted to and approved by Palm Eeach. County, the City of Soynton Beach, and Treasure Coast Regional Planning Council that demonstrates that the regional roadway netNork can accommodate a specified amoun1: af additional 3oynton Beach Mall generated traffic and growth in background traffic beyond 1989 and still be maintained at Level af Serlice C during annual average daily traffic and Level af Ser~ice D during the peak season, peak hour conditions. The traffic study shall: a. be conducted in t~e 1990 oeak season (J"anuarf- March) i and 2 ~ . I 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 Citv of Bovnton Beach deter!:line that the transit miticration alternativ~ as outlined below and'in Conditions 17 and 18 is more desirable than the net york imDrovements reauired in Conditions 12-15, then no buildina oe~its shall be issued Eor the Boynton Beach Mall E~ansion (Sears s~ore) until an oriain/destination (0/0) surlev ~as been conduc~ed. Resul t5 0 f the surrev shall clearl" demonstrate '''here the t'!"ansi t ride'!"shi-o ootential exists (oricrins) and identifY which roadway links (i,e.. I-95 interchancre. Boynton Beach Boulevard, 01;:1 Bovnton Beach 8oule~Tard, and ConO''!''ess Avenue, .atc,) yill be cosi~ivelv imoacted bY ~r~vision of t'!"~nsit. ser--rice to these areas and shall be evaluated and acoroved bY the City of Bovnton Beach. CoTran, and Treasure Coast Reaional Planni~a council in consultation '.vi ~~ the ?al;n Beach Coun~-' T=~f=ic -' . :.na!.:1e~~:.l"!cr De'Oar-=~e!1t. :'~e surrev cu~st ionr.a i:::-e ~!;~ :.:-::-:::.. e~er.ta~:. on ::'.e~=:cc.c 2. Cc-l shall be revie~.,ed and a'O'Or~ved bv tl1e ci tel 0 f 30vnton 3 .J ) ...", .. Beach., CoTran, Palm Beach Countv, and Treasure Coast Reaional Plannina Council. 17. No buildina ~er:ni ts shall be issued for the 80ynton Beach Mall Excansion (Sears store) until the followina activities have been comcleted: ~ A serTice contract has been aooroved and sianed bv the City of 8ovnton 8each. the Palm Beach County Board of County Commissioners sit"':ina as the Cou!'it., Transoortation Author: tv, and the acolicant ''''hich ~rovides the lev~l of ~~~nsi~ se~'ica, i~cludina an accrocriate orornotional commit~ent, identified in Condition 18 for a minimum oe~iod of five Years and a maximum oe~iod cove~ina the com~letion of the identified road i~t:lrov~~ents in the T~easure Coast Reaional ?lannina Council's final assessment racer"': for the 9ovnton 3eac~ Mall Substantial ~eviat~cn Conditions 12 and 13. The cont=3.c"': shall also include a financial clan for i~t:lle~entation and .monitorina of the t~ansi"': routers) includina a secured :'olndinQ c::mmi":.~er:t Idef:.::ed as an i=~evoc~ble let"':er- of credit or bond); ar.d o. A ~~~~oti~~al olan ~utl:~i~a ~~e s~~~~ea~es --..- --... facilitati:la, oublicizina, ar.d enc::ur3.aina the 'olsa 4 ( \ ) .)- . . . of this new se~fice shall be submitted and ann roved bv the City of Bovnton Beach and CoTran in consul- tation with the Treasure Coast Reaional Plannina Council, Palm Beach Countv Metrocolitan Plannina Oraanization~ and ~ A orocedure has been established ar.d accroved bv the Ci tv 0 f Boynton Beach and CoT:=-an in consultation with Treasure Coast Reaional'Plannina Council for a auarterlv monitorina recort that monitors ridershi~ levels. effectiveness of :-oute (s) and schedule (s) . and oneratina and maintenance costs. The ~onitorina oroo-ram shall be initiated '..;ithin 90 davs of the date the certi ficate 0 f OCC'.lnanc" is :.ssued for the additional sauare foo~aae of the rnall and continue for a minimum of five Years. A dete~ination :-eaardina continuation of the transit se~'ice after the comnle1:ion of identified r~ad and intersect:.on i~crovernents i~ Conditions 12 and 13 shall be based u'Con an evaluation of the auar:erl'l ~onitorina reoorts and existina levels of se~fice on the roadwavs. ~ro cer-:ificates of oC:::'.l'CanCf shal: be :.ssued :~r the 30v1":-::on Beach ~al2. :::c:ansion (Sears store) un"::': such t:.::!e as salec~ed ~=3nsi~ ~=ute(s) ~a~'~ ~een ~~ se~T~~e ~=~ :0 ~a'rs. 5. '- -...I ~ The transit se~,ice t~ be ~rovidea to the service area for the Boynton Beach Mall shall include the followina: ~ The routers) shall consist of a combination of the oro'Oosed Routes A and B identified in the SOVi!ton Beach Mall !~ansion Transit !:!I~act Studv, dated October. 19~9, or the routers) identified bv the sUr',e" referenced in Condition 1'5, includina service to Bethesda Memorial Hos~ital and consideration of service to the 8ovnton Beach City Hall. The final routers) selected shall be a~'Oroved bY the City of Boynton Beach, Palm Beach County sittina as the Count., l'rans'Oor':a tion ~.uthot'i ~v, and T-=-easur'! Coast Reo-ional Plannina Council :':"1 consultation with the Palm Beach County Metro'Oolitan Plannina Or~anization and Traffic Division: and h T~e v'!hic::"e fleet shall be com-crised of a suffic:.e!"t~ numbe!:" of Co'!'-=-~n cO';.1natible ?ehicles to orovide 20- minute hQad~avs: and ~ eus se!""':.::a shall bQci:1 J 0 calendar davs Drior t~ the :.sst.:.1.rtce of the ::ertificate of Occ'..manc? for the ~all/s ex~ansi~r. (Sears) "=~e i:1"t 1: n-:. ,...;: ~ ~ ,,::-:e ide!:ti.:ied ==u~:..::c 3.I:.ci ::eet S~~c::l -- is to achieve a 3,~93-~ehi=le trio r'!duc~ion of~ the roadwav net~ork within the ~all/s se!""Tice ar~a. 6 {)- No certific~tes of occu~ancv shall be issued for the Bovnton Beach Mall Exoansion (Sears store) until such time as selected t~ansit routers) have been in serTice for 30 days. :6~ Ne-~~~-~~~~~~~==-~-~~~~e~--~~-~-Bey"~e~ Beae~-~~==-~~~~--~l~~~~-~~--~~--~as--~ee" ae~e"~~~a~ea-~-~~~~~~~-~-~~~~~&=-~-~he e~~y--ef--Bey"~e"--Beaea--a"a--~~ea~~~e--eea~~--Re~~e"a: P:a""~"~-€e~~ei=-~~~~~-~~~~~~-ae&e~-ee~"~y E"~~"ee~~"~---gepa~me"~---e"a---Me~~epe:~~ap.---?:a""~~~ e~~a"~~ae~e"-~~~~-~~_~~~~:r~-~r~~~~~~~-e~~=~"ea ee=ew-~,..,.ill -aaeep:ta~e%1- !It:i. :~-e~e-~a': -~M~ae~~ ~e~e~~~ea--~--~ae--~~--aeaeft--::a::--S~~~a~~a: ee..,~a~~e~-~"--i-i~~~~~~--9'C1IH!-~-!l:':r-ef-~ae ~eaaway--e"a--~"~e~~ee~~e"--~~~~e..,eme"e~--~ae"~~~~ea--~" ee"a~e-i:e"~-+2--a:'ia- :: -~1!--C~U'nc~: '--9--3ey"~e"- .:c.:l.'~'h"-Ma==. 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