JULY 2000
....--- 00
0 l~ It) I~ II IVI [
] JUL I 2000
PLANNING AND
BOYNTON BEACH MALL ZONING om
DRI Annual Report
Prepared for:
SIMON PROPERTY GROUP, INC.
Prepared by:
URS GREINER WOODWARD CLYDE, INC.
JULY 2000
FORM RPM-BSP ANNUAL REPORT-I
STATE OF FLORlDA
DEPARTMENT OF COMMUNITY AFFAIRS
DIVISION OF RESOURCE PLANNING AND MANAGEMENT
BUREAU OF STATE PLANNING
2555 Shumard Oak Boulevard
Tallahassee, Florida 32399
904/488-4925
DEVELOPMENT OF REGIONAL IMPACT
ANNUAL REPORT
for
BOYNTON BEACH MALL
Subsection 380.06(18), Florida Statutes, places the responsibility on the developer of an approved development of
regional impact (DRl) for submitting an annual report to the local government, the Regional Planning Council, the
Department of Community Affairs, and to all affected permit agencies, on the date specified in the Development Order.
The failure of a developer to submit the report on the date specified in the development order may result in the
temporary suspension of the development order by the local government until the annual report is submitted to the
review agencies. This requirement applies to all developments of regional impact which have been approved since
August 6, 1980. If you have any questions about this required report, call the DRl Planner at, (904) 488-4925.
Please send the original completed annual report to the designated local government official stated in the development
order with (1) copy to each of the following:
(a) The regional planning agency of jurisdiction;
(b) All affected permitting agencies;
(c) Division of Resource Planning and Management
Bureau of State Planning
2555 Shumard Oak Boulevard
Tallahassee, Florida 32399
ANNUAL STATUS REPORT
Reporting Period:
April 1998 to July, 2000
Development:
Boynton Beach Mall DRl
Location:
City of Boynton Beach
Developer:
Name:
Address:
Simon Property Group, Inc.
National City Center
115 W . Washington Street
Indianapolis, IN 46204
Attn: Mr. Chuck Schneider
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1. Describe any changes made in the proposed plan of development, phasing, or in the representations
contained in the Application for Development Approval since the Development of Regional Impact
received approval. Note any actions (substantial deviation determinations) taken by local government
to address these changes.
a) Describe changes in the plan of development or phasing for the reporting year and for the
subsequent years;
There have been no changes in the plan of development or phasing during this reporting year.
b) State any known incremental DRI applications for development approval or requests for a
substantial deviation determination that were filed in the reporting year and to be filed during the
next year;
A Notice of Proposed Change (NOPe) was filed during 1998 approved July 8, 1998. The NOPC was
approved to extend the build-out date from December 1997 to December 31, 2000.
No requests for substantial deviation determination have been filed during this reporting period.
c) Attach a copy ofany notice ofthe adoption ofa development order or the suhsequent modification
of an adopted development order that was recorded by the developer pursuant to Subsection
380.06(15)(1), F.S.
The Board of County Commissioners of Palm Beach County approved a Development Order for the
Boynton Beach Mall DRl on May 7,1974 (Resolution No. R-74-343). This Development Order was
subsequently adopted by the City of Boynton Beach on November 16, 1982 (Ordinance No. 82-38). The
development order permitted I, I 08,000 square feet of gross leasable area of commercial development.
In August 1988, the applicant filed a Development of Regional Impact Application for Amended
Development approval (AADA) with the City of Boymon Beach. The amended application proposed
to construct an additional 136,449 square feet for a total of I ,244,449 square feet gross leasable area of
commercial development.
On December 19, 1989 the City of Boynton Beach conducted a public hearing on the AADA and
adopted an Amended Development Order (Ordinance No 89-UUU). This amendment was appealed by
the Depattment of Community Affairs and the Treasure Coast Regional Planning Council.
Subsequent to this action, the Applicant agreed to revisions to the Site Plan consistent with the
recommendations of the City of Boynton Beach and with the intent ofthe requirements of the Treasure
Coast Regional Planning Council.
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The appeal was settled and on March 5, 1991, the City Commission of the City of Boynton Beach
adopted an amendment to the Development Order which incorporated the Amended Application for
Development Approval dated August 18, 1988, and amending the prior Development Orders adopted
by the City of Boynton Beach on November 16,1982 and December 19, 1989.
A copy of the Amended Development Order (Resolution No. R91-37) was previously submitted.
On February 20, 1996, the City Commission of the City of Boynton Beach approved a Notice of
Proposed Change (NOPe) to a previously approved Development of Regional Impact (DRl). Also on
this day, the City of Boynton Beach adopted an amendment to the Development Order (Resolution
Number R96-26). A copy of this amended Development Order is included as Appendix A.
On July 7,1998, the City Commission Of The City Of Boynton Beach approved a Notice of Proposed
Change to a previously approved Development of Regional Impact and an amended Development Order,
Resolution Number R. 98-123. This amended development order extended the build out date for
Boynton Beach Mall to December 31,2000. A copy of the Resolution is included in Appendix A.
2. Has there been a change in local government jurisdiction for any portion of the development since the
development order was issued? If so, has the annexing local government adopted a new Development
or Regional Impact development order for the project? Please provide a copy of the order adopted by
the annexing local government.
There has been no change in local government for the reporting year. On November 16, 1982, the City of
Boynton Beach annexed the proposed development and approved a development order for the Boynton Beach
Mall (Ordinance 82-38). On April 8, 1988, the City of Boynton Beach annexed a 5.83 acre parcel (New
Exhibit "A") included in the original development of regional impact area as a pine preserve area. A copy of
the Amended Development Order (Resolution No. R91-37) which incorporates these two annexations was
previously submitted.
3. Provide copies of any revised master plans, incremental site plans, etc., not previously submitted.
A copy of the Master Plan for this project as revised for the Amended Development Order (Resolution No.
R91-37) was previously submitted.
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4 Provide a summary comparison of development activity proposed and actually conducted for the
reporting year as well as a cumulative total of development proposed and actually conducted to date.
The total approved development includes 1,244,449 square foot of gross leasable area. A comparison of
development approved and completed to date is presented below.
Sq. Ft. GLA'
Aooroved
Sq. Ft. GLA'
Constructed
Sq. Ft. GLA'
Remaininl!
1,244,449
1,185,797
58,652
'Provided By Simon Property Group, Inc. - As of November 1999.
5. Have any undeveloped tracts of land in the development (other than individual single-family lots) been
sold to a separate entity or developer? If so, identify tract, its size, and the buyer. Please provide maps
which show the tracts involved.
No peripheral tracts ofland are included in this development.
6. Describe any lands purchased or optioned adjacent to the original Development of Regional Impact site
subsequent to issuance of the development order. Identify such land, its size, and intended use on a site
plan and map.
No additional land has been purchased since approval of the amended Development Order.
7. List any substantial local, state, and federal permits which have been obtained, applied for, or denied,
during this reporting period. Specify the agency, type of permit, and duty for each.
No significant permits or approvals were obtained during this reporting period.
8. Provide a list specifying each development order condition and each developer commitment as contained
in the ADA and state how and when each condition or commitment has been complied with during the
annual report reporting period.
The following is a listing of specific compliance actions associated with each of the Conditions of
Development Order as Amended. A copy of the Amended Development Order (Resolution No. R96.26) is
included as Appendix A, along with the above referenced Resolution No. R98-123.
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CONDITIONS OF DEVELOPMENT ORDER AS AMENDED
1. Except as specifically amended herein, all conditions specified in the Development Order (Resolution No.
R-74-343) and subsequent amendments to the Development Order for Boynton Beach Mall shall remain
in full force and effect.
This condition will be met.
2. Prior to issuance of a Building Permit for construction of additional square footage pursuant to this
Amended Development Order, the Applicant shall cause the preservation as a native habitat preserve in
perpetuity of that area described as "Limits of Pine Area: shown on Exhibit "1 n in the northwest
quadrant of the site by recording appropriate Restrictive Covenants which, prior to recording, shall be
approved by the Treasure Coast Regional Planning Council and the City of Boynton Beach.
This condition will be met upon application of building permit.
3. Prior to commencing construction activity within the parcel containing the area to be preserved,
(described by "Limits of Pine Area" shown on Exhibit "I "), the preserve area shall be temporarily fenced
or otherwise delineated to prevent construction equipment from entering the area.
This condition will be met by the Applicant.
4. All Brazilian pepper, Australian pine, and Melaleuca on the site (including within the Limits of the Pine
Area) shall be removed within two years after the effective date of this Resolution and prior to issuance
of a certificate of occupancy for any building constructed pursuant to this Amended Development Order.
These species shall not be used in landscaping.
This condition will be met by the Applicant.
5. A landscaped buffer along the west boundary of the Pine Area and adjacent to Javert Street shall be
provided in accordance with the plan attached as Exhibit" I ".
This condition will be met by the Applicant.
6.
A.
The use of grassy swales to pretreat runoff before conveying any runoff to the detention ponds shall
be utilized in the new parking lot additions, (and the parking lots shall be swept weekly) as shown
on the Site Plan (Exhibit "2 ").
This condition will be met by the Applicant.
B. Littoral zone planting shall be established around the existing detention ponds utilizing native
woody species. Prior to constrnction and planting of the littoral zones, the Applicant shall prepare
a design and management plan for the littoral zone to be reviewed and approved by the Treasure
Coast Regional Planning Council in consultation with the City of Boynton Beach and the South
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Florida Water Management District. The Plan shall (I) inclnde a Pan view and site location; (2)
include a typical cross section of the detention pond; (3) specify how vegetation is to 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.
No Certificate of Occupancy shall be issued for any additional square footage constructed pursuant
to this Development Order until the Plan is determined to be consistent with the Regional Plan.
Wherever possible a minimum of ten square feet of vegetated littoral zone per linear foot of
shoreline shall be established so that at least sixty percent of the shoreline has vegetated littoral
zone. Alternate design may be necessary due to physical constraints inherent in retrofitting these
existing detention ponds. The littoral zone shall be in place prior to the issuance of a Certificate of
Occupancy for any additional square footage to be constructed under this Development Order.
A littoral zone planting plan has been prepared and submitted and approved in response to this condition.
7. Under no circumstances shall post development rnnoffvolumes exceed predevelopment runoff volumes
for a storm event of three-day duration and 25-year return frequency.
This condition has been met by the project's permitted stormwater management system. Any future
modifications to the development will also comply with this requirement.
8. No building permit shall be issued for construction of any additional square footage under this Amended
Development Order, until the developer has prepared a hazardous materials management plan for the
expansion and the plans have been approved by the Treasure Coast Regional Planning Council and the
City of Boynton Beach. The plan shall:
A. Require disclosure by tenant of all hazardous materials proposed to be stored, used, or generated
on the premises;
A final hazardous materials management plan was submitted by the Applicant for approval by the City
of Boynton Beach and the Treasure Coast Regional Planning Council (TCRPe) on November 28, 1995.
TCRPC recommended approval on November 14, 1995. See Appendix B.
B. Provide minimum standards and procedures for storage, prevention of spills, containment of spills,
and transfer and disposal of such materials;
This condition will be complied with as per the above referenced hazardous materials management plan.
C. Provide for proper maintenance, operation, and monitoring of hazardous materials management
systems, including spill and containment systems;
This condition will be complied with as per the above referenced hazardous materials management plan.
D. Detail actions and procedures to be followed in case of an additional spill;
This condition will be complied with as per the above referenced hazardous materials management plan.
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E. Guarantee financial responsibility for spill clean-up; and
This condition will be complied with as per the above referenced hazardous materials management plan.
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 ofthe plan
are being implemented.
This condition has been complied with as per the above referenced condition. The Plan was submitted
to TCRPC and the City in October 1995. Review comments were received November I, 1995, and
incorporated into the Plan submitted for final approval November 28, 1995. A copy of the Final Plan is
included in Appendix B.
9. No building permits for gross leasable space in excess of 1,108,000 sqnare feet within the Boynton Beach
Mall shall be issued until all right-of-way within the project boundaries have been dedicated, free and clear
of all liens and encumbrances, to the City of Boynton Beach or Palm Beach County as necessary and
consistent with the Palm Beach County Thoroughfare Right-of-way Protection Plan.
No further dedications are necessary to implement the Proposed Change. The Applicant will comply with this
condition.
10. No building permits shall be issued for the Boynton Beach Mall for gross leasable space in excess of
1,108,000 square feet until contracts have been let for the following roadway improvements:
A. Construct Old Boynton West Road between Military Trail and Lawrence Road as a four-lane
divided roadway.
Existing condition is a 5-lane undivided Old Boynton Road from Military Trail to Lawrence Road.
No Certificate of Occupancy shall be issued for the Boynton Beach Mall for gross leasable space in
excess of I, I 08,000 square feet until the improvements under A above have been completed. With
respect to the construction of the roadway improvements, if the Treasure Coast Regional Planning
Council (hereinafter the "Council") makes a change in its adopted Regional Comprehensive Policy Plan
(hereinafter the "Plan") which does the following: (i) modifies its Level of Service standard for the
Regional Roadway network; or (ii) modifies the methodology utilized to calculate the adopted Level of
Service; and or (iii) modifies the method of calculating background traffic, such that ifthe Substantial
Deviation were being reviewed under said modified policies none of the above roadway improvements
would be required to maintain the Regional Roadway Network at the then applicable Council Level of
Service through project buildout, then this condition will be terminated without further action by the City
Commission or the Council.
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11. No Building Permits shall be issued for the Boynton Beach Mall for gross leasable space in excess of
1,108,000 square feet until contracts have been let to construct the following intersection configurations,
including signalization modifications as warranted by City, County, or State criteria;
A. Hypoloxo Road/Congress Avenue
Northbound Southbound
one right-turn lane one right-turn lane
two through lanes two through lanes
one left-turn lane one left-turn lane
Eastbound Westbound
one right-turn lane one right-turn lane
two through lanes two through lanes
two left-turn lanes two left-tnrn lanes
B. Northwest 22nd A venue/Congress A venue
Northbound Southbound
one right-turn lane one right-tnrn lane
two through lanes two through lanes
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
two through lanes
one left-turn lane
one right/through lane
two through lanes
one left-turn lane
Eastbound
Westbound
one right/through lane
one through lane
one left-turn lane
one right/through lane
one through lane
one left-turn lane
D. New Boynton Beach Boulevard/Congress Avenue
Northbound
Southbonnd
one right-turn lane
three through lanes
two left-turn lanes
one right-turn lane
three through lanes
two left-turn lanes
Eastbound
Westbound
one right-turn lane
three through lanes
one right-turn lane
three through lanes
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two left-turn lanes
two left-turn lanes
The existing 6 lauing of Congress Avenue was completed from Boynton Beach Boulevard north to Miner Road. The 6-
laning of Congress from Miner Road to Hypoloxo Road, also complete. As a result of the transportation analysis
conducted as part of the NOPC approved in February 1996, it was determined that the existing intersection geometry as
listed above is sufficient to maintain required levels of service.
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 two through lanes
three through lanes one left-tnrn lane
F. New Boynton Beach Boulevard/I-95 East
Northbound Southbound
one right-turn lane Not Applicable
two left-turn lanes
Eastbound Westbound
two through lanes one right-turn lane
one left-turn lane three through lanes
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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 for gross leasable space in excess
of 1,108,000 square feet until the improvements nnder A through F have been completed. With respect
to the construction ofthe intersection improvements (including signalization modifications) ifthe Treasure
Coast Regional Planning Council (hereinafter the "Council") makes a change in its adopted Regional
Comprehensive Policy Plan (hereinafter the "Plan") which does the following: (i) modifies its Level of
Service standard for the Regional Roadway network; and or (H) modifies the methodology utilized to
calculate the adopted Level of Service; or (Hi) modifies the method of calculating background traffic, such
that if this Proposed Change were being reviewed under said modified policies none of the above
intersection improvements (including signalization modifications) would be required to maintain the
Regional Roadway Network at the then applicable Council Level of Service through project build out, then
this condition will be terminated without further action by the City Commission or the Council.
The improvements referenced in Condition 11. E. and F. above represent the existing interchange geometry
which has been determined to be adequate to maintain required levels of service through buildout of Boynton
Beach Mall.
12. Prior to, or upon issuance of a building permit for the additional square footage, the Applicant shall pay
a fair share contribution consistent with the Fair Share Impact Fee Ordinance applicable to the Boynton
Beach Mall Proposed Change.
This condition will be complied with by the Applicant.
13. No additional building permits shall be issued two years after the effective date of this Resolution unless
a traffic study has been conducted by the developer, and submitted to and approved by Palm Beach
County, the City of Boynton Beach and the Treasure Coast Regional Planning Council that demonstrates
that the regional road network can accommodate a specified amount of additional Boynton Beach Mall
generated traffic and growth in background traffic beyond two years after the effective date of this
Resolution 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 peak season (January-March); and
B. Identify the improvements and timing of those improvements necessary to provide Level of Service
C under annual average daily traffic conditions and Level of Service D under peak hour, peak
season conditions for the subject transportation network during the projected completion of the
project, including project impacts and growth in background traffic.
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Additional building permits shall not be issued until a new project phasing program and roadway
improvement program (necessary to maintain Level of Service C annual average daily and Level
of Service D peak season, peak hour operating conditions) has been approved by Palm Beach
County, the City of Boynton Beach, and the Treasure Coast Regional Planning Council for the
remainder of the development.
The traffic study referenced in Condition 13, if required, will be conducted by the Applicant and
submitted to and approved by Palm Beach County, the City of Boynton Beach and the Treasure Coast
Regional Planning Council. A traffic study pursuant to this condition was reviewed and approved prior
to the Extension of the Build Out Date to December 31, 2000.
9. Provide any information that is specifically required by the Development Order to be included in the annual
report.
The information provided in the responses to Question I through 8 above meet the specific requirements for the
Annual Report as outlined in the Amended Development Order for this project.
10. Provide a statement certifying that all persons have been sent copies of the annnal report in conformance
with Subsections 380.06(14) and (16), F.S.
This is to certify that copies of this Annual Report have been forwarded to the following agencies or individuals:
.
City of Boynton Beach Planning Department
Palm Beach County Traffic Engineering Depattment
Treasure Coast Regional Planning Council
Florida Department of Community Affairs
Simon Property Group, Inc.
.
.
.
.
Person completing the questionnaire:
L .4/Jlf.~~
Thomas A. Marsicano,/AICP
Title:
Vice President
Representing:
URS Greiner Woodward Clyde, Inc.
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~1/aB/1999 15:32
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:.1 City
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II )$0, !I'lnrida Statut:"!!. is authorized and empowered to consider
Ii
:; Notic.. of Proposed Change t.o t.he current. Development Order for
"
! I Oevelopment. of Regional Impact and the City Commission has
II Qliltermined tbil-t the proposed change. does not constitute a
substantial deviation under Chapter 380, Florid... Statutes; and
, WJUlJUlAS, the City Commission on the 7<h day of July. 1998.
Ii
I held a Q\lly not.iced p\lblic hearing on the Notice of Proposed
Change and ha.~ heard and considered the testimony taken thereat;
and
5613756259
BOYNTo-I BEAa-i P & z
PAGE a3
WHJi:1U:A8, this amendment request. is governed by Chapter
3eO.O&(19), Florida Statutes, for a determination of substantial
dev1ation; and
WHEREAS, the City Commission as the governing body of the
of Boynton Beach having jurisdict.ion, pursuant to Chapter
WHEUAB; the applicant has submitted a traffic study which
complies witb all ordinance.. and requirements of the City; and
WHEREAS, the City Commission has received and considered
the reoommendations of the Treasux:e Coast Re<jJional Planning
Counoil and made the following Findings of Fact and Conclusions
of Law:
lPnmnrag OP' PA.CT
1. The proposed Development i. not in an Area of
C~1tical State ConQorn d..ignpted pursuant to the provisions
of Section 180.06, Florida St:A~uteB.
2. The State of Florida has noe adopted a land
development plan applicable to the area in which the proposed
Development i8 to pe located.
3. The proposed Development is consistent with the
report and recommendations of the Treasure Coast Regional
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5613756259
BOVNTll'l BEAO-I P & Z
PAGE 04
Plannin~ CQuncil submitted pursuant to Section 380.06(12),
F'crinA S~a~1J~A';.
.. The proposed Development is consistent with the
looal Qo~rehensive plan, zoning and development laws and
i.1l:'egulations of the City.
Ii 5. The Notice of Proposed Change does not
! I constitute a :;lubstantial deviation from the previously
I' a"'proveQ Ol;lvt;llopment Order.
I ~ .
I ~. The premises are correct and hereby accepted by
the City.
el)~LU91:0KS 0.. LAW
HOW 'l'RBUJ'OJU!:, be it resolved by the City Commission of
Boynton aeach, that said City Commission makes the following
f~n~i~s of fact:
1. That in a public meeting, duly constituted and
assembled tM.s 7th day of July, 1998, that the Development of
Re~1Qnq.l Impact Application for Amended Development Approval
app;-oved March 5, 1991, is hereby modified, by amending the
conditions, restrictions and limitations under the headings
.. CONCI.USIONS O~ LAW" anc;l." CONDITIONS OF DEVELOPMENT ORDER AS
AMIi:NDED" set torth in Resolution R91-38 with the following
conditions, restrictions and limitations:
~pplica.tion for Dev~lonm@nt: Annroyu
1. The No~ice of Propose~ Change by Boynton-
JCP Associates, Ltd., is incorporated herein by reference
,
and relied upon by the Parties in discharging their statutory
duties under Chapter 380/ Florida Statutes. The Applicant is
Soyncon-JCP Associates, Ltd., and shall hereafter include the
successors and assigns of Boynton-JCP Associates, Lt.
Substantial compliance with the representations contained in the
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5613756259
BOYNTON BEACH P & z
PAGE a5
Notice of Proposed Change as modified by the terms and
For purposes of
conditions herein is a condition of approval.
I th1~ condition, the Development Order shall
I
,I
"
include
those
mal:tera submitted in all previously approved
Reg~onal Impact Notice of Proposed Changes.
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Development of
Comm~ncem~nt-.
fIlnd
Pr09regg nf n@v~loDment
2.
Failure
to
initiate
and
construction
'. physical
development within two years from the effective date of this
Resolution or failure to maintain reasonable progress toward
completion
of
development
after
the
initiated
having
construction in a timely manner, may constitute a substantial
c;l,eviation and the development shall be submitted to further
review pursuant to Section 380.06, Florida Statutes.
A~~~~~ip~ Q~t
3. This Development Order shall terminate on December 31,
;lOlO unIeSIJ extended by the City Commission. Nothing herein
shall limit or extinguish any vested rights of the Applicant,
its successors or assigns regarding the existing square footage
at gross leasable area of the existing Boynton Beach Mall.
e~:t'.r'IONS OP DZVELOPMmft' AS AMENDBD
1. Except as specifically amended herein, all conditions
specified in the Original Development Order (Resolution No. R74-
343) and l;lubsequent amendments to the Development Order for
Boynton Beach Mall shall remain in full force and effect.
~. Developer has requested that No. 13 of the
,
Oevelop~n~ Order be amended to read as follows:
r!~ndit:in" "'13: .)In Anni~i~nAl. huildina. nfl!lrmirR
Bh~ll hA iARn~d 1!l't:~T nfljt"!fltmh~r 31. 2000. unlegg a
~;At~tc study has been conduct~d and Aubmitt~d and
rf:lvi~wpn rUr~t18n~ t:n gA~~ion 380.06l191. Florida.
Statutes. The nrol?osed traffic mp.thcrlcl cav shcmld
hp stJhmi~t':~n t:n Trp-a~ur~ CO~gt Regional Plannina
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5613756259
BOVNT~ BEAO-l P & Z
PAGE e6
Counail. ~loridA n~n~rtmAn~ n' TranRncrtation. Palm
R.,,~h. C!nt'''~Y a.nd t.h~ C!; t:y for ,....vi ~w Ann Jlnnrova.l
prin,.~o t:h~ ~.<r~'fie st:utiv b~in9 ~nnduct@d hv ~h"
annli~A"~ rn ensure ~n~t Drqp~r ~~~ndardR 8T" being
a?pli~c;l,
I
I BE IT FURTHER RESOLVED BY THE CITY COMMISSION OF THE CITY
J OF BOYNTON BE.1l.C::H, FLORIDA, AS FOLLOWS I
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1. Any modifications or deviations from the ,approved
plans or require~nts of the Development Order shall be
submitted to the Planning Director for a determination by
City Commission of the City of Boynton Beach as to whether
change constitutes a substantial deviation as provided
the
the
in
Section 380.06(19), Florida Statutes. The City Commission of
the City of Boynton 6each shall makeI' its determination of
sUQstaneial deviation at a pUblic hearing after notice to the
Applicant.
.. The City of Boynton Beach shall monitor the
development of the project. to ensure compliance with this
Development Order. The City of Boynton beach Planning Director
shall be the local official assigned the responsibility for
lI\Onitoring the development and enforcing the terms of the
Development Or~er. The Planning Director may require periodic
reports of the Applicant with regard to any item set forth in
this Development Order.
3. The Applicant shall submit an annual report as
required by Section 380.06(18), Florida Statutes. The. annual
,
report shall be submitted on the anniversary date of the
adoption of the Development Order and shall include the criteria
as set forth in Resolution No. R96-26, dated February 20, 1996.
4. The definitions found in Chapter 380, Flor1.da st:"t:".,,,
shall apply to this Development Order.
j.
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I
5613756259
BOYNTON BEAa-t P & Z
PAGE 07
5. The City of Boynton Beach hereby agrees that before
December 31, 2010, the ~Qynton Beach Shopping Mall Development
of Regional Impact shall not be subject to down zoning, unit
I' density red.uction, or intensity reduction. unless the ciey
I demonstrate. that substantial changes in the conditions
: \lnderlying the approval of the Development Order have occurred.
I or that the Development Order was based on subst;.antially
I inaccurate information provided by the Developer. or that the
I
. change is clearly established by the City of Boynton Beach to be
essential to the public health, safety or welfare.
6. Tn;,s Oevelopment Order shall be binding upon the
~pplicant and its ~ssignee. or successors in interest. It is
understood that any reference herein to any governmental agency.
shall be construed eo mean any future instrumentality which may
be created and design~ted as successor in interest to, or which
otherwise possesses any of the powers and duties of any.
referenced governmeQt agency in existence on the effective date
of this Development Order.
7. The approved granted by this Development' Order is
conditional and shall not be construed to obviate the duty of
the Developer to comply with all other appl~cable local, State
and. fed.eral permitting requiremenea.
8. In the event that any portion or section of this
Resolution 18 deemed to be invalid, illegal or unconstitutional
l;)y a &;:Q1,I%t. of. cOlIiletent jurisd.iction, such .decision .hal.l in no
,
manner affect the remaining portions or Sections of this
Re501ution, which shall remain in full force and effect.
9. This Resolution shall become effective immediately
upon passage.
-6-
BI/B8/1999 15:32
.. II
q
5613756259
BOYNTON BEACH P & Z
PAGE B8
10. Certified copies of this Resolution shall be
t~~~m1tted immediately by certified mail to the Department of
II Community Affairs, the Treasure COllst Regional Planning Council
.1
and Applioant.
;j
.,
PASSED AND ADOi'Tli:D this 7' day of July, 1998.
CITY OF BOYNTON BEACH, FLORIDA
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MAYOR
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PRO TEM
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~SSIONER
\ULlU "Dct'lillttL11\..
COMMISSIONER
ATTEST:
J'~~~.-.,~Wd'J.A~
~CLERK
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. 'rTu City of
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100 'E. 'Boynton 'lJuuft 'lJoub.varrl
P.O. 'lJO'l:.310
'Boynton 'lJuuft, 'JWrUfa 33425.0310
City:Hdl: (407) 375-6000
~;U: (407) 375-6090
"-=-- .
CERTIFICATION
I, Suzanne M. Kruse, City Clerk, of the City of Boynton Beach, Florida, do hereby
certify that the attached Resolution #R96-26 which was approved by the City
Commission on February 20, 1996 consisting of seventeen (17) pages is a true and
correct copy as it appears in the records of the City of Boynton Beach, Florida.
WITNESS, my hand and the corporate seal of the CITY OF BOYNTON BEACH,
FLORIDA, this 23nd day of February, 1996.
'- t'r~< Qx~M
Suz ne M. Kruse, CM E
City Clerk
February 23,1996
511.muica"s (jateway to the (julfsmam
RESOLUTION R96-,r6
A RESOLUTION OF THE CITY COMMISSION OF
THE CITY OF BOYNTON BEACH, FLORIDA
AMENDING A PRIOR BOYNTON BEACH MALL DRI
DEVELOPMENT ORDER, ADOPTED ON NOVEMBER
16, 1992, AND FURTHER AMENDED ON DECEMBER
19, 1989 AND MARCH 5, 1991, MAKING
FINDINGS AND CONCLUSIONS OF LAW
PERTAINING TO THE BOYNTON BEACH MALL, A
DEVELOPMENT OF REGIONAL IMPACT, AND
CONSTITUTING THIS RESOLUTION AS A
DEVELOPMENT ORDER BY THE CITY OF BOYNTON
BEACH IN COMPLIANCE WITH LAW; AND
PROVIDING AN EFFECTIVE DATE.
WHEREAS, Boynton-JCP Associates, .Ltd. ("Applicant" J has
had a Development Order (the .Original Development Order")
approved by the Board of County Commissioners of Palm Beach
County ("Resolution No. R-74-343) on May 7, 1974 which was
adopted by the City on November 16, 1982; which permitted
1,108,000 square feet of gross leasable area; and
WHEREAS, the Development Order was amended on December
19, 1989 and further amended on March 5, 1991 permitting
. 1,244,449 square.feet of gross leasable area; and
WHEREAS, Applicant has filed a Notice of Proposed Change
to a previously approved Development of Regional Impact
I "Notice of Proposed Change"} with the City of Boynton Beach,
Florida, in accordance with Section 380.06, FlorinA ~t:At:lItP~;
and
llHBRBAB, Applicant proposes to construct a total of
1.244,449 square feet of commercial retail gross leasable
space on the real property whose legal description is set
forth in Exhibit "A" and located in the City of Boynton Beach,
Florida; and
WHEREAS, the City Commission as the governing body of the
City of Boynton Beach having jurisdiction, pursuant to Chapter
380, Florin"", fa:l'Ir..1tt:p.~, is authorized and ~owered to consider
Notices of Proposed Change to the current Development Order
for Developments of Regional Impact and the City Commission
has determined that the proposed change does not constitute a
substantial deviation under Chapter 380, Flnrin,ll .c;ri'lt'IIt'P.!S; and
WHEREAS, the City Commission on the 20th day of February,
1996, held a duly noticed pUblic hearing on the Notice of
Proposed Change and has heard and considered the testlmony
taken thereat; and
WHEREAS, the Applicant shall submit a Site Plan which
shall comply with all ordinances and requirements of the City;
and
WHEREAS, the City Commission has received and considered
the recommendations of the Treasure Coast Regional Planning
Council; and
WHEREAS, the City Commission has made the following
Findings of Fact and Conclusions of Law.
FTNnTNr.~ nF FArT
1. The proposed Development is not in an Area of
Critical State Concern designated pursuant to the provisicns
of Section 380.06, Florin"" ~t'Arllrp~;
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 reconunendations of the Treasure Coast Regional
Planning Council submitted pursuant to Section 380.06 (12),
FlnrinJll grJllt":1JrP.!A;
4. The proposed Development is consistent with the
local comprehensive plan, zoning and development laws and
regulations of the City.
5. The Notice of Proposed Change does not constitute a
substantial deviation from the previously approved Development
Order.
.6. The premdses are correct and hereby accepted by the
City.
rONC'LnSTONS OF LAW
NOW, THEREFORE BE IT RESOLVED BY THE CITY COMMISSION OF
THE CITY OF BOYNTON BEACH, FLORIDA:
~~~rinn 1", That in a public meeting, duly constituted
and assembled this 20th day of February, 1996, that the
Development of Regional Impact Application for Amended
Developm~nt Approval approved March S. 1991 is hereby
modified. by replacing the conditions. restrictions and
limitations under the headings 'CONCLUSIONS OF LAW' and
'CONDITIONS OF DEVELOPMENT ORDER' AS AMENDED' set forth in
Resolution R91-37 with the following conditions., restrictions
and limitations:
Annl;r~r;nn for npvPlonmpn~ AnnrnvAl
1. The Notice of Proposed Change by Boynton-JCP
Associates, Ltd. is incorporated herein by reference and
relied upon by the Parties in discharging their statutory
duties under Chapter 380, Florini'l ~1"i'll"lIrp~. The Applicant is
Boynton-JCP Associates, Ltd. and shall hereafter include the
successors and assigns of Boynton-JCP Associates, Ltd.
Substantial compliance with the representations contained in
the Notice of Proposed Change as modified by the terms and
conditions herein'is a condition of approval. For purposes of
this condition, the Development Order shall include those
matters submitted in the Notice of Proposed Change to a
previously approved Development of Regional Impact dated
" September 13, 1995 and revised December .1995.
~nmmAn~pmpn~ ~nn PronTP-~~ of nAvp-lonmpnt
';
2. Failure to initiate construction and physical
development within two years from the effective date of this
Resolution or failure to maintain reasonable progress toward
completion of the development after having initiated
construction in a timely manner, may constitute a substantial
deviation and the development shall be submitted to further
review pursuant to Section 380.06, Florirll'l ~t~~\I~p-s.
Construction shall be deemed to have been initiated and
physical development commenced after placement of permaner.t
evidence of a structure (other than a mobile home) on a site,
such as the pouring of slabs or footing~ or any work beyond
the stage of excavation or land clearing.
Tprm"innrinn Dnt"P
3. This Development Order shall terminate on December
31, 2010 unless "extended by the City Commission.
Nothing
herein shall limit or extinguish any vested rights of the
Applicant, its successors or assigns regarding the existing
square footage of gross.leasable area of the existing Boynton
Beach Mall.
rONfHTTON"~ OF nP.VRT.OPMENT ORDF.R A!; AMENnF.D
1.
Except as
specifically amended. herein,
all
conditions specified in the Original Development Order
(Resolution No. R-74-343) and subsequent amendments to the
Development Order for Boynton Beach Mall shall remain in full
force and effect.
2. Prior to issuance of a Building Permit for
construction of additional square footage pursuant to this
Amended Development Order. the Applicant shall cause the
.preservation as a native habitat preserve in perpetuity of
!
,I that area described as -Limits of Pine Area- shown on Exhibit
I
! -1- in the northwest quadrant of the site by recording
"
/ appropriate Restrictive Covenants which, prior to recording,
,I shall be approved by the Treasure Coast Regional Planning
Council and the City of Boynton Beach.
3. Prior to commencing construction activity within the
parcel containing the area to be preserved. (described l:y
-Limits of Pine Area- shown on Exhibit -I-I, the preserve area
shall be temporarily fenced or otherwise delineated to prevent
construction equipment from entering the area.
4. All Brazilian pepper, Australian pine, and Melaleuca
on the site (including within the Limits of the Pine Area)
shall be removed within two years after the effective date of
this Resolution and prior to issuance of a certificate of
occupancy for any building constructed pursuant to this
Amended Development Order. These species shall not be used in
landscaping.
5. A landscaped buffer along the west boundary of the
Pine Area and adjacent to Javert Street shall be provided in
accordance with the plan attached as Exhibit MlM.
6. A. The use of grassy swales to pretreat runoff
before conveying any runoff to the detention ponds shall be
utilized in the new parking lot additions, (and the parking
lots shall be swept weekly) as shown on the Site Plan (Exhibit
-2-) .
B. Littoral zone pla~ting shall be established
around the existing detention ponds utilizing nat~ve woody
species. Prior to construction and planting of the littorai
zones, the Applicant shall prepare a design and management
plan for the littoral zone to be reviewed and approved by the
Treasure Coast Regional Planning Council in consultation with
the City of Boynton Beach and the South Florida Water
Management District. The Plan shall (1) include a Plan view
and site location; (2) include a typical cross section of the
detention pond; ()) 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. No Certificate of Occupancy shall be
issued for any additional square footage constructed pursuant
to this Development Order until the Plan is determined to be
consistent with the Regional Plan. Wherever possible a
minimum of ten square feet of vegetated littoral zone per
linear foot of shoreline shall be established so that a least
sixty percent bf 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 zone shall be in place prior to the issuance of a
Certificate of Occupancy for any additional square footage to
be constructed under this Development Order.
7. Under no circumstances shall post-development runoff
volumes exceed predevelopment runoff volume~ for a sto~ event
of three-day duration and 25-year return frequency.
8. No building permit shall be issued for construction
of any additional square footage under this Amended
Development Order. until the developer shall prepa~e a
hazardous materials management plan for the expansion and the
plans have been approved by the Treasure Coast Regior.al
Planning Council and the City of Boynton Beach.
shall :
The plan
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 pill
clean-up; and
F. Require the inspection of premises storing,
using, or generating hazardous materials prior to commencem6nt
of operation and periodically thereafter, to assure that the
provisions of the plan are being implemented.
9. No building permits for gross leasable space in
excess of 1,108,000 square feet within the Boynton Beach Mall
shall be issued until all right-of-way within the proje=t
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
Thor?ughfare Right-of-way Protection Plan, No further
dedications are necessary to implement the Proposed Change.
10. No building permits shall be issued for the Boynton
Beach Mall for gross leasable space in excess of 1,108,COO
square feet until contracts have been let for the followir.g
roadway improvements:
A. Construct Old Boynton West Road between Military
Trail and Lawrence Road as a four-lane divided roadway.
No Certificate of Occupancy shall be issued for the
Boynton Beach Mall for gross leasable space 1n excess cf
1,108.000 square feet until the improvements under A above
have been completed. With respect to the construction of t~e
roadway improvements. if the Treasure Coast Regional Planning
Council (hereinafter the "Council" 1 makes a change in its
adopted Regional Comprehensive Policy Plan (hereinafter the
"Plan") which does the following: (il modifies its Level o.f
Service standard for the Regional Roadway network; or (iil
modifies the methodology utilized to calculate the adopted
Level of Service; or (iiil modifies the method of calculating
baCkground traffic, such that if this proposed change were
being reviewed under said modified policies none of the above
roadway improvements would be required to maintain the
Regional Roadway Network at the then applicable Council Level
of Service through project buildout, then this condition will
be terminated without further action by the City Commission or
the Council.
11. No Building Permits shall be issued for the Boynton
Beach Mall for gross leasable space in excess of 1,108,000
square feet until contracts have been let to construct to the
following intersection configurations, including
!:
signalizations modifications as warranted by City, County or
State criteria:
A. Hypo!uxo Road/Congress Avenue
Nnrrhhnttnn gOllt'hhounn
one right-turn lane one right-turn lane
two through lanes two through lanes
one left-turn lane one left-turn lane
Ri'llQthnllnn WPo!=:rhnll'l"'!d
one right-turn lane one-right turn lane
two through lanes two through lanes
two left-turn lanes two left-turn lanes
B. Northwest 22nd Avenue/Congress Avenue
Nnrt'hhnllnrl
one right-turn lane
~nllrhhnllnrt
one right-turn lane
two through lanes one through lane
one left-turn lane one left-turn lane
R?l.c;rhollnrl Wp.~rholl!"rl
one right-turn lane one right-turn lar,e
one through lane two through lanes
one left-turn lane one left-turn lane
C. Old Boynton West Road/Congress Avenue
Nnrrhhollnn ~nllrhhnllnrl
one right/through lane one right/through lane
two through lanes two through lane
one left-turn lane one left-turn lane
F.A~rhnllnrl Wp!=It'hOllnn
one right/through lane one right/through lane
one through lane one through lane
one leEt-turn lane one left-turn lane
D. New Boynton Beach Boulevard/Congress
Avenue
Nnrthhollnn Sntlthhmlnn
one right-turn lane one right-turn lane
three through lanes three through lanes
two left-turn lanes two left-turn lanes
F."'~thOllnn Wp!l=lthmmn
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
Nnrrhhmmrt !=;Ollthholmn
Not Applicable one right -turn lar..e
two left-turn :anes
F.ARtbnllnn Wpql"'hollnn
one-right turn lane two through lanes
three through lanes one left-turn lane
F. New Boynton Beach Boulevard/I-95 East
Nnrthhrnmn
one right-turn lane
two left-turn lanes
SO\lrhhntmn
Not Applicable
~A!=lt'hnlmn
Wp~t'h(')llnrl.
one right-turn la~e
two through lanes
one left-turn lane three through lanes
All configurations shall be constructed and permitted in
accordance with City, County and State criteria.
No Certificate of Occupancy shall be issued for the
Boynton Beach Mall for gross leasable space in excess. of
1,108,000 square feet until the improvements under A t~rough
F have been completed. With respect to the construct~or. of
the intersection improvements, (including s'ignalizdtion
'modifications) if the Treasure Coast Regional Planning Council
(hereinafter the .Council-) makes a change in its adopted
Regional Comprehensive Policy Plan (hereinafter the ~Pla~")
which does the following: (i) modifies its Level of Ser",ice
standard for the Regional Roadway network; or (ii) modi:ies
the methodology utilized to calculate the adopted Level of
-Service; or (iii) modifies the method of calculating
background traffic. such that if this Proposed Change were
being reviewed under said modified policies none of the above
intersection improvements (including signalization
modifications) would be required to maintain the Regional
Roadway Network at the then applicable Council Level of
Service through project buildout. then this condition will be
terminated without further action by the City Commission or
the Council.
12. Prior to, or upon issuance of a building permit for
the additional square footage. the Applicant shall pay a fair
share contribution consistent with the Fair Share I~~act Fee
Ordinance applicable to the Boynton Beach Mall Proposed
Change.
13. No additional building permits shall be issued twO
years after the effective date of this Resolution unless a
traffic study has been conducted by the developer, and
submitted to and approved by Palm Beach County, the City of
Boynton Beach and the Treasure Coast Regional Planning Council
that demonstrates that the regional road network can
accommodate a specified amount of additional Boynton Beach
Mall generated traffic and growth in background traffic beycnd
two years after the effective date of this Resoluticn 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 peak season (January-March); and
B. Identify the improvements and timing of t~o5e
improvements necessary to provide Level of Service C under
annual average daily traffic conditions and Level of SerVlce
o under peak hour, peak season conditions for the subject
transportation network during the projected completion of the
project, including project impacts and growth in backgro~nd
traffic.
Additional building permits shall not be issued until a
new project phasing program and roadway improvement prog~am
(necessary to maintain Level of Service C annual average daily
and Level of Service 0 peak season, peak hour operacing
conditions) has been approved by Palm Beach County, the City
of Boynton Beach, and the Treasure COAst Regional Planning
Council far the remainder of the development.
BE IT FURTHER RESOLVED BY THE CITY COMMISSION OF THE CITY
OF BOYNTON BEACH, FLORIDA, AS FOLLOWS:
1. Any modifications or deviations from the approved
plans or requirements of this Development Order shall be
su~tted to the Planning Director for a determination by the
City Commission of the City of Boynton Beach as to whether the
change constitutes a substantial deviation as provided in
Section 380.06(19), Flnriti8 ~.8.1I.P~. The City Commission of
the City of Boynton Beach shall make its determination of
substantial deviation at a public hearing after notice to che
Applicant.
2. The City of Boynton Beach shall mon>tor the
development of the project to ensure compliance with this
Development Order. The City of Boynton Beach planning
Director shall be the local official assigned the
. ,
responsibility' for monitoring the development and enforcing
the terms of the Development Order. The Planning Director rray
require periodic reports of the Applicant with rega~d to any
item set forth in this Development Order.
3. The Applicant shall submit an annual report as
required by Section 380.06(18). F1nrirla !=::a-At"Ilt"P-S. The anr.ual
report shall be submitted on the anniversary date of the
adoption of the Development Order and shall include t:.e
following:
A. Any changes in the plan of development, or in
the representations contained in the APplication for
Development Approval, or in the phasing for the report~ng year
and for the next year;
B. A summary comparison of development activity
proposed and actually conducted for the year;
C. Undeveloped tracts of land that have been sold,
transferred, or leased to a successor developer;
D. Identification and intended use of the lands
purchased. leased or optioned by the Applicant adjacent to the
original site since the Development Order was issued;
E. An assessment of the Applicant' 5 and locCil
Government's compliance with the conditions of approval
contained in this Development Order and the comrnit.rner~ts
specified in the Application for Development Approval and
summarized in the Regional planning Council Assessment Report
for the development undertaken;
F. Any request for substantial devia~ion
determination that was filed in the reporting year or is
ant~cipated to be filed during the next year;
G. An indication of a change, if any, :n .local
government jurisdiction for any portion of the development
since the Development Order was issued;
H. A list of significant local, State, and fedaral
permits which have been obtained or which are pending by
agency, type of permit, permit number, and purpose of eact;
..._._._--_._.~.~_._--~"--_._.._-_.- --
accommodate a specified amount of additional Boynton Beach
Mall generated traffic and growth in background traffic beycnd
twO years after the effective date of this' Resoluticn 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 peak season (January-March); and
B. Identify the improvements and timing of t~ose
improvements necessary to provide Level of Service C under
annual average daily traffic conditions and Level of Servlce
o under peak. hour, peak season conditions for the subject
transportation network during the projected completion of the
project, including project impacts and growth in backgro~nd
traffic.
Additional building permits shall not be issued until a
new project phasing program and roadway improvement prog~am
(necessary to mairitain Level of Service C annual average daily
and Level of Service D peak. season, peak hour operac.ing
conditions I has been approved by Palm Beach County, the City
of Boynton Beach, and the Treasure Coast Regional Planning
Council for the remainder of the development.
BE IT FURTHER RESOLVED BY TIlE CITY COMMISSION OF TIlE CITY
OF BOYNTON BEACH, FLORIDA, AS FOLLOWS:
1. Any modifications or deviations from the approved
plans or requirements of this Development Order shall be
submitted to the Planning Director for a determination by the
City Commission of the City of Boynton Beach as to whether the
change constitutes a substantial deviation as provided in
Section 380.06{19), Flnri.da Rt'At'IIt'P-~. The City Commission of
the City of Boynton Beach shall make its determination of
substantial deviation at a public hearing after notice, to the
Applicant.
2. The City of Boynton Beach shall monltOr the
development of the project to ensure compliance with this
Development Order. The City of Boynton Beach planning
Director shall be the local official assigned the
. ,
)
I
I. The annual report shall be transmitted to t~e
City of Boynton Beach. the Treasure Coast Regional Plann~ng
Council. the Florida Department 0: Conununity Affairs. the
Florida Department of Environmental Protection. and such
additional parties as may be appropriate or required by law;
J. A copy of any recorded notice of the ado9ti~n
of .d Development. Order or the subsequent modification c: an
adopted Development Order that was recorded by the Developer
pursuant to Subsection 380.06(15). Flnrin~ !=;t,.tHtP.~; and
K. Any other informat ion required by the Cicy
Commission of the City of Boynton Beach or the Planning
Director to be included in the annual report.
4. The definitions found in Chapter 380, Fln-ida
Sr~r"rp~ shall apply to this Development Order.
5. The City of Boynton Beach hereby agrees that before
December 31, 2010 the Boynton Beach Shopping Mall Development
of Regional Impact shall not be subject to down zoni~g, u~it
density reduction. or intensity reduction. unless the C~ty
demonstrates that substantial changes in the conditions
underlying the approval of the Development Order ~~ve
occurred, or that the Development Order was based on
substantially inaccurate information provided by the
Developer, or that the change is clearly established by the
City of Boynton Beach to be essential to the public health,
safety, or welfare.
6. This Development Order shall be binding upon the
Applicant and its assignees or successors in interest. It is
understood that any reference herein to any governmencal
,agency shall be construed to mean any future instrumentality
which may be created and designated as successor in interest
to, or which otherwise possesses any of the powers and dut.es
of any referenced government agency in existence on the
effective date of this Development Order.
7. The approval.granted by this Development Order is
conditional and shall not be construed to obviate the duty of
the Developer to comply with all' other applicable local,
.
-.,)
'.'
State, and federal permitting requirements.
e. In the event that any portion or section of ttis
Development Order is deemed to be invalid. illegal, or
unconstitutional by a court of competent jurisdiction.s~~h
decision shall in no manner affect the remdining portio~s or
sections of this Development Oreer, which shall remain in full
force and effect.
9. This Development Order shall become effective
immediately upon adoption.
10. Certified copies of this Development Order shall oe
.'
transmitted immediately by certified mail to the Departmen: of
Community Affairs, the Treasure Coast Regional Plan~ing
Council, and App]icant.
PASSED AND ADOPTED in a public hearing held on :his :he
...,.:>
day of ~e.RuA'"
, 1996.
)
Mayor
i.,.........
Commissioner
Attest:
,!::....,~.-.,....,' ",. ,'1\. T---c:2:i--~- M .
., , ........\ ,'- ._'-- .
" ,'. .' '... '';''',,~,..,\,~_,..-;C Y Clerk.,.. ' , ,
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EXHIBIT "A"
DOYNTON Dt:ACIIHALL
116.364 ACitES
"
A tuat aC ~and 10aated' In a.at'lon U, Tawn.hlp U'lo..th;
Ran9. U liut. Ca..nty of Pal.. Buah. Flodda ,.rid f....th..o;
";d..crlbed .. tollow,a. - . ' -'~:~:,'~,At~~
D~91,;'l\Jn9 ,at, th. Sa..thaut ca..n... of S.atlan U, TUS,RUE,
thanc. H 00" 59' ]9" H alan 9 thoEut Un. of ...Id' ..atla'"
19~ a dl.tlnae- of UH.lO C..t to '. palnt,-'thana. 8'U~,"00~,
21 H. .. dl.tanoG ot 10.00 l..t to .. poLnt on',tbew..t..,f.J.y
rl9ht-at-way Uno oC Can9rall Av.n..o, said point, ar.o balR9'
tho prlnaipal point and pheo at b09lnnln'] oC tho fallowing
de.erlptlbn. .
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,Thana. 8 U' OS" 28" H. a dht.na. aC 841.73 te.t to a polntf:
,th.ne. S 43" 32' 54" H, a dlotanao at 57.02 COO" ta . paint,'
thene. 8 00" 5" 39" E, . dl.t.na.aC 258.27 'COO" to a palntl
tli.ne. 8 U" 41' H,2" Ii, a'dhtana. aC. U9.81i ta.tta:..
paint, th.naa a 00" 59' 39" E, a dl.tana.'at 102.20 C..tta' a
paint, thanee S 4.- .,. 34- E, & dl.tanca at 14.45 t..t tQ~.'
paint an tho no..th...ly ..lght-aC-way llno aC Dayntan H.at Road
Ito.....dy old Doynton Roadl, thona. Hit' 46' H" H. along
.ald jla..th...ly' Uno, a dhtaneo aC 1684.25 Coot ta a paint..
thana. H 00. -51' 51- H, . dlatanaa at 1221.05 ,..t to',.
paint, th.na. H 17" 51' ll" Il, . dl.t.ne. aC 52.34 C..t to a
paint, thana. 221.11 '..t alan9 ~ oueva to thai.ft, havln, ..
..adluo at 145.00 C..t and . eha..d aC 205.0' C.ot, b.a..lng"
U" 51' 21" Il, to ., point, th.ne. H 2" ai' 39" H, a .dhunaa,
aC 23.n teet to a paint' thena. 114.54 Cu" alan9 a cu..vo,:
ta th. "'ght, h.vlng a udl... of 240.00 fut and a chaed af i
132.71 te.t, b.....ng " 14' ai' 53.5.' E to a point, ,th.n"li!
234.57 f..t along a a....V. to the loft, 'havlng a ..adlu.. 'aC;'
,320.00 f..t and.a cho..d of 221.28 Cut. budng " "OS',;"Ul\i
'Il to . paint} thane. H 11' .54' 24" II, . dlot..,aa 'oC 10,00)'
Cut to a paint, th~nce 294." fut, alan'] a. cutva to,;:th";'
dgllt, b.vlng,'a ndLu. oC 325.00 C..t and.. cho..d oC 284.9.t
teet, b....lng H14". 05" 28" B to a point, thonaa 212.22 lilt;
.10ng a CUtvato th. 1.tt, h.vlng a ...dl....aC 420.00 f.at,ari~~
a' cho..d aC 211;30 taet. ba.dng H20" 05' 21" II ta a paln~,'/'}':
thanaa HaO" 05' '21" B. . d1&tonqa af.1U.00 fut to' a;paLnH~;'
'tb.nbe H U' ,OS' 21" E, a dlotanaa at lnl.n Cutto'~;!\",
,palnt,thanae 8 00" st' JI" I, a d1&t.na. of 472." Cut'.'ta,:.;f
polntl th.no.H U" 05'U"Il,. dht.naaof 321.11 tut"ta"a'0'
... ;.,polnt. on ,the :Heatuly line aC Cangua. Avanu., tlienaa;i~,JOO,;:,
:~''''5? :.... ?'"~.i"a._.l!!.ng. :....1.. d HOItartYAln. .'\/;:...... c1.,.lotanc'a. 'of '.,.120.0.1;;~M1:.
L;;';'u..a. palntp-tbonaa H ,.8" 27':oi.fHI"a dhtanoa:-iot;;U01J.I,u:t:
'ta;..'palnt.,7ith'!noe.8 U' OS','2'.{H,;~a;oIht.naai...!!tfi4tO;;0.0 !la
o. ..~,'a....\,.po.ln...tJ..'I!.t..h...!I.ria e.,.,...o. 0",..'5 '.".,3.... 9..,...~1I i"~ '.d..htona .e.;'{o f..,{80..,...,:u... a.
o:'A~polnt,l:t:heno..;H, U ~;,,05 '.a,Ul'a".f,.jedh ta.,ce ;;of,j420;OO .
o:~.: po l"tiTit}ienae'H :41 .,32'!~. 4:'~:Il,::f.'i:d1& tance'i;o~,,11.5.~:t0~ .. ~
....';".,_," a"' a" pO I n t :'an~tha"Ha. to dy"l1n II! ':"'h'Cang... "'Avan..a,'r,t~:a,".".
l~t:~:~..:'i-xJ:OO ~ i 59' ~ 3,' .:joB,'~..alon9 ..LdH..tarly'11ne, ',~a,dl.,t.na~.':~fpill.o1~q .
~-"1:,;t..!t~h.t. to 'a."pOlnt" th.na. ""48~..,-:l7';;08'.H". ,dhtanaa,oti:S'iJ'1'I,*
:,;~,,~.t)}taet ,to. a:'po1nt,.thonaaSU ~"05 '{2' "',Hi'. d1&":1l1o. ;af~801"~Oit
.,::'d' I..~c'.;-,(';;.;f ..t. t.o ,.a'...palnt.. thana. 8 00 ..~'i5' ~.~3' -;..z,.:adl,. t.na.,,-ol,+2JO~t:GOt
Nt;~,~.:;./~~ l..t. t.o:. _PCllnt., th.na.. HI. .':05 ..:::2, .;';~'I:i:.:dl. t.n~.~~~~,e' r-).;O$Q'O,~;,
~.'>:'>'6>fut taa pal.,,,, thenae SOD.' ,:5, ',':" "'''Z, ,:.'dht.,noe,;af,(1.5.0~~OO~
::PEt}.;:,Cut" to . paint, thono. S II" ;',05'(28 .'W,'.:dht.na.!OC!;HO~,D~':
i~., ";"~.';.;C...t ta .'polnt, thana. 8 OO~,'59.I}.i25.;'.Il..":..,..~41.tc..no.!I.(,.'.'o.. .Chi2.. 2"~. '.
,;.~<~; ~:,:.'/~-:.>l. eet._< to a:po lnt., ~'thenae H I. ...._05 '\~' .,~.El-".& ~dl.'t'&nCei~f~~O.~O ,:;
':"",; ,,"., :>;,c:':.;', <:"i ;'.t aat. " t.o ;.& ,.palnt' thenae H 43. 3~' .'"5; 4 .a;-,E/,...,dl. tan.ae ~~:.at.~~,~..~.?~
,:.:'~.~;J:C.:~~;.:;:~.;;,::/:.,~:,!",;~,..c..t. ~o. point:" an the., w..teC'ly.,",11n.', Dl.'"con,,:~..~.~t:(A,~..~~al~:
~'",:;.~h.', .:,::.i~~-;'.~:."i,'-;~:~~~r,:;;: ::,t.h.npa 8 ,00 '.' 5" :U" z. aJ.on, a.14 H.. t..C'ly' 11!,. ,;...~_,.:.l.t.&no.,
~~~.i,:::,:2: ~::.;..'~;cr~~'j!':'::~~~~'~,..:~-:-::',:':, ':.DC ";~lJO ..or'~\t.at' to thap.:lnalpal. po lnt..:- an4 pl&oa :'oC}.:b.g.~,~~lJ:"1)
~~.~~~?:~il; 1{;:.;t.}~,~~tn~~1O:"/:,,~,.nd'''cont.lnln9.:101.15 aGc.. of land ar. .1... .'i"'''~"'''';1:'1i_
_ ,~, .,:;,~:~~~~:,:;~r,r..it4;:.'.~',f::~}::< ~ ~~ ~~ ..' . . ,'.; .~ ";'.'-;"'..'.~,'~~~:i";~~~C'!10'::::'/'~
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Cut, .01. '..ch CauntV.. Florl4a, boln, aor. particular. r
liuer-Ibed u IoU."'.. .
C._enc. at lhe c.nhl' otO SleUln 1', thine. HO" .AlJ 11' W.
dan, . the lIarth Sauth 1/4 hnlan Una at ul4 Saallan, . a
4htan.. .t 2S.0Q hoC, th.ne. H'" S" 21' t. & .lIhtl.lul. .C
JG.oa hoc. t. tho prlnalpaL p.'nt and. pllcI at b.,innfn, .t the
10110"'1", d.,crlpeton.
Tb.ftCt contlnuSn, " 1'1 51' 211 C I 41.t.ncI at 20.01 t..c '0 .
p.lnc, thlneo H o' 51' SI- H, a10n, a lint 40.DO C'le C'lt .1 Ind
paraUol with ,atll "orth Souch lit Ilaclon l1nl, .. dhtlne. .t
lltl.2J t..t to I.polnt on tho South rl,ht-.l~way tin. ., ..ynton
CAnd I thenel H II' as' 2'" E, d.., .,ai" .south r1thC...I.w."
Unt, I dilt.nct at 412." t..t to 'p.'n~, th.nel I O' AS' J,II
V,'. dittlnct at 145.00 ,..t"Co . p.lnt. thane. 2'3.22 t..t Ilon,
an .rc to the ri,ht. hlvin, . rldlua .1 420.00 ta.C an41 char4
a( J11.10 t..c b.ar.n, a 20- OS' 2'. "I t"ancI 2'4." ea.&. .Il.ng "0
an arc to th..latt hlvin9 I rldJu. .1 ~Js.ao t..e Ind. Ghard 01
1.t.'4 (..C. b..rln" a U. OS' J'. W. th.na. .s 11. S..' 1"- C. a-
clhtan.. ., 'O.O~ ht' to . palnc, ck.nca 2J4.S1 h.c, "a". .n
.,C t. the r19ht. ~avlnf . radlu. a' 120.00 la.tand I Ghard .t
22'.)' t..t b..rint ., OS' J'- W. t~.nl. 114.14 t..c. alan. a.
arc t. the 1.lt havh,. . rall.u. .t ltG.ao t..t .nd I ch..... ot
112.1. I..C, ~..rin. . It. 01' S2. N. t~ana. 5 a2' ai' J'. C. .
"l.t~c. 01 21." t..c to a p.lnt. th.... 22'.71 t..t, II.., 'A
Ire t. the rlght;: klvln, I rldlu. at 145.00 t..c Ind I chard at
20..,0& t..e. b..rtn, . 42. SI' 211 V._ th.ne. . '" SI' 21. WiI .
4'a'ln.. .t 12.214 I..' c. . pal".. tha.e. " o. Sl' III I
dlaten.. at ~S..D t..t t. the p.1At at ha,l.nln, and ..nia'.l.t
1061+ Icr.. oe land ..r~ .r a....
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