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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 M:\Boynton Beach\Annual Report.wpd\070600 1 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. M:\Boynton Beach\Annual Report.wpd\070600 2 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. M:\Boynton Beach\AnnulII Report.wpd\070600 3 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. M:\Boynton Beach\Annual Report.wpd\070600 4 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 M:\BoynlOn Beach\Annual Repon,wpd\070600 5 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. M:\Boynton Beach\Annual Repon.wpd\070600 6 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. M:\Boynton Beach\Annual Report.wpd\070600 7 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 M:\Boynton Beach\Annual Report.wpd\070600 8 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 M:\Boynton Beach\Annual Report_wpd\070600 9 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. M:\Boynton Beach\Annual Report.wpd\070600 10 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. M:\Boynton Beach\Annual Report.wpd\070600 11 ~1/aB/1999 15:32 , 1\ !: il II 'I Ii ;! :j :.1 City ;i 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 -2- 01/08/1999 15:32 . ',. I 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 -)- a1/~B/1999 15:32 'I II 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. I! iI I I ,I :1 I I. ., I I I ! 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 -4- ,e1/ea/1999 15: 32 . II 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 , I I I 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. -5- 01~08/1999 15:32 I 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 /-/ " /('--::-:/" .I..~.-..t,' ., . . ". " MAYOR I I I , i .,. , ~~.....: ~.~. OR/ 1_ --:1/ PRO TEM d~y~ ~SSIONER \ULlU "Dct'lillttL11\.. COMMISSIONER ATTEST: J'~~~.-.,~Wd'J.A~ ~CLERK ~\\\\I\lIII""'I"JJ #'~ 0'1 NfO", ~~ " .....~ ~O/,. 1'. ...~ ~~~. ~ \i .li:i 1920 ! ~ to ~ '~'1. IO'(,QR\Q ~~ 1111t1"'1Il1\l\\\\~ -7- . 'rTu City of 13oynton 13eadi ..~.,_.,. .\ \~ LJ~~ '."; 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.,.. ' , , '.,:..~:,~\.:~,'-~.-~,'[.~..%;~,'-~,-i.,.~,i~,";~':.,\:..""~.,'.,:,~:cii,:,:,,t,,-,,:~,::,.~.~:~,.~.i,,~.~,'",;,:,~,:_~~:c~: ~ ,J! '" . ". . ~ >-, . . ' ~i!I:.:" ,f;' -r.o ~t~ "':-""~: 'J.." " ..r'f!"',"\,O,";.~:,,','_.',:,_, '.,.'.~:,'i~,~:W-,~,<~\,~x,:i~j}{f~:~' " '_:~~",\;';~. -,. Wi'). -';,<'~';-';>.J~~1;,;'r?~,-~ -,.~,.~,.:..(: : ,~?'tr " "~:~ -c-" - , -, , ~, ~ - '<I '\ .'--.,/ .--;..... '.',' ,- ) 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. 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A parcot at tond tv!n, !n .octlcn I', Townah!p 45 SoutM;..on,o .~. 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'. 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