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89-UUU RESOLUTION NO. 89-~~ DEVELOPMENT ORDER Amending prior Development Order Adopted November 16, 1982 A Resolution of the City Commission of the City of Boynton Beach, Florida, making findings and conclusions of law pertaining to the Boynton Beach Shopping Mall, a Development of Regional Impact, and constituting this Resolution as a Develop- ment Order by the City of Boynton Beach in compliance with law; providing an effective date; and providing a termination date. WHEREAS, Applicant has had a Development Order approved by the Board of County Commissioners of Palm Beach County ("Reso- lution No. R-74-343) on May 7, 1974 which was adopted by the City on November 16, 1982; which permitted 1,108,000 square feet of gross leasable area; and WHEREAS, Boynton-JCP Associates, Ltd. ("Applicant") has filed a Development of Regional Impact Application for Amended Development Approval with the City of Boynton Beach, Florida, in accordance with Section 380.06, Florida Statutes; and WHEREAS, said Applicant proposes to construct a total of 1,244,449 square feet of commercial retail gross leasable space on the real property whose legal description is set forth in Exhibit "A" attached hereto and located in the City of Boynton Beach, Florida; and WHEREAS, the City Commission as the governing body of the City of Boynton Beach having jurisdiction, pursuant to Chap- ter 380, Florida Statutes, is authorized and empowered to con- sider Applications for Amended Development Approval for Develop- ments of Regional Impact; and WHEREAS, the City Commission on the 19th day of December , 1989, held a duly noticed public hearing on the Development of Regional Impact Application for Amended ii' Development Approval and has heard and considered the testimony taken thereat; and WHEREAS, the Applicant has revised the Site Plan in accordance with recommendations of the City of Boynton Beach and consistent with the intent of the requirements of the Treasure Coast Regional Planning Council relative to the Pine Area in the northwest corner of the site as shown on Exhibit "1". The Site Plan submitted as Exhibit "2" hereto is herein approved by the City Commission and no further Site Plan review or variances are necessary to construct and occupy improvements in accordance with the Plan except as necessary to adjust parking ratios to imple- ment the recommendation of the Treasure Coast Regional Planning Council and the City of Boynton Beach regarding the Pine Area; and WHEREAS, the City Commission has received and con- sidered the assessment report and recommendations of the Treasure Coast Regional Planning Council; and WHEREAS, the City Commission has made the following FINDINGS OF FACT and CONCLUSIONS OF LAW with regard to the Appli- cation for Amended Development Approval: FINDINGS OF FACT 1. The proposed Development is not in an Area of Critical State Concern designated pursuant to the provisions of Section 380.06, Florida Statutes; 2. The State of development plan applicable Development is to be located; Florida has not adopted a land to the area in which the proposed 3. The proposed Development is consistent with the report and recommendations of the Treasure Coast Regional Plan- ning Council submitted pursuant to Section 380.06(12)(2), Florida Statutes; - 2 - 4. The proposed Development is consistent with the local comprehensive plan, zoning and development laws and regula- tions of the City. If the City staff requests a Comprehensive Plan Amendment or rezoning of the Pine Area as defined in Condi- tion 2 in the future, the Applicant will comply with such request. 5. The premises are correct and hereby accepted by the City. CONCLUSIONS OF LAW NOW, THEREFORE BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, in public meeting, duly con- stituted and assembled this 19th day of December , 1989, that the Development of Regional Impact Application for Amended Development Approval submitted by Applicant is hereby APPROVED, subject to the following conditions, restrictions and limita- tions: Application for Development Approval 1. The Application by Boynton-JCP Associates, Ltd. for Amended Development Approval is incorporated herein by refer- ence and relied upon by the Parties in discharging their statu- tory duties under Chapter 380, Florida Statutes. The Applicant is Boynton-JCP Associates, Ltd. and shall hereafter include the successors and assigns of Boynton-JCP Associates, Ltd. Substan- tial compliance with the representations contained in the Appli- cation for Development Approval is a condition for approval. For purposes of this condition, the Application for Amended Develop- ment Approval shall include the following items: Application for Development Approval submitted August 18, 1988, and supplemental information submitted and Boynton Beach Mall October, 1989. September 14, 1988 and December 12, 1988 Expansion Transit Impact Study dated - 3 - Commencement and Progress of Development 2. Failure to initiate construction and physical development within three years from the effective date of the Development Order, or failure to maintain reasonable progress toward completion of the development after having initiated con- struction in a timely manner, shall constitute a substantial deviation and the development shall be submited to further review pursuant to Section 380.06, Florida Statutes. Construction shall be deemed to have been initiated and physical development commenced after placement of permanent evi- dence of a structure (other than a mobile home) on a site, such as the pouring of slabs or footings or any work beyond the stage of excavation or land clearing. Termination Date 3. This Development Order shall terminate on December 31, 2010 unless extended by the City Commission. Nothing herein shall limit or extinguish any vested rights of the Applicant, its successors or assigns. CONDITIONS OF DEVELOPMENT ORDER AS AMENDED tions specified in the Development Order (Resolution R-74-343) and subsequent amendments to the Development Order Boynton Beach Mall shall remain in full fOrce and effect. 1. Except as specifically amended herein, all condi- No. for for Amended Development Order, the Applicant shall confirm that will not develop in that area "Limits of Pine Area" shown Exhibit "1" in the northwest quadrant of the site. 2. Prior to issuance of a Certificate of Occupancy construction of additional square footage pursuant to the it 3. Prior to commencing construction activity within the parcel containing the area not to be developed, (described by - 4 - "Limits of Pine Area" shown on Exhibit "1"), the area shall be temporarily fenced or otherwise delineated to prevent construc- tion equipment from entering the area. 4. Ail Brazilian pepper, Australian pine, and Melaleuca on the site shall be removed prior to issuance of a certificate of occupancy for any building constructed pursuant to this Development Order. These species shall not be used in landscaping. 5. A landscaped buffer along the west boundary of the Pine Area and adjacent to Javert Street shall be provided in accordance with the plan attached as Exhibit "1". 6. A. The use of grassy swales shall be utilized in the new parking lot additions, as shown on the Site Plan (Exhibit "2"). B. Littoral zone planting shall be provided in accordance with the permitting requirements and Florida Depart- ment of Environmental Regulation and South Florida Water Manage- ment District. 7. Under no circumstances shall post development runoff volumes exceed predevelopment runoff volumes for a storm event of three-day duration and 25-year return frequency. 8. Prior to issuance of a building permit for any additional square footage approved by this Development Order, the the applicant of the building permit shall prepare a hazardous materials management plan for the expansion that meets the approval of Treasure Coast Regional Planning Council and the City of Boynton Beach. The plan shall: ous materials premises; A. Require disclosure by tenant of all hazard- proposed to be stored, used, or generated on the - 5 - B. Provide minimum standards and procedures for storage, prevention of spills, containment of spills, and trans- fer and disposal of such materials; C. Provide for proper maintenance, operation, and monitoring of hazardous materials management systems, including spill and containment systems; D. Detail actions and procedures to be in case of an accidental spill; followed Clean-up; and Guarantee financial responsibility for spill F. Require the inspection of premises storing, using, or generating hazardous materials prior to commencement of operation and periodically thereafter, to assure that the provi- sions of the plan are being implemented. 9. No building permits for the Boynton Beach Mall Substantial Deviation shall be issued until all right-of-way within the project boundaries have been dedicated, free and clear of all liens and encumbrances, to the City of Boynton Beach or Palm Beach County as necessary and consistent with the Palm Beach County Thoroughfare Right-of-way Protection Plan. No dedications are necessary to implement the Substantial Deviation. 10. No building permits shall be issued for the Boynton Beach Mall Expansion until an origin/destination (O/D) survey has been conducted and submitted to the City of Boynton Beach, CoTran, and Treasure Coast Regional Planning Council. Results of the survey shall clearly demonstrate where the transit ridership potential exists (origins) and identify which roadway links (i.e., 1-95 interchange, Boynton Beach Boulevard, Old Boynton Beach Boulevard, and Congress Avenue, etc.) will be posi- tively impacted by provision of transit service to these areas and shall be evaluated to adjust designated travel route(s) in order to maximize ridership. - 6 - The survey questionnaire andimplementation meth- odology shall be evaluated by the City of Boynton Beach, CoTran, Palm Beach County, and Treasure Coast Regional Planning Council. 11. No Certificate of Occupancy for the Boynton Beach Mall Expansion shall be issued until the following activities have been completed: A. A service contract has been approved and signed by the City of Boynton Beach, the Palm Beach County Board of County Commissioners sitting as the County Transportation Authority, and the applicant which provides the level of transit service, including an appropriate promotional commitment, identi- fied in Condition 12 for the Service Period. The Service Period shall be defined as a period commencing thirty days prior to the opening to the public of the Boynton Beach Mall Expansion and continuing until of the earlier of: (i) five years; or (ii) completion of the identified road improvements in the Treasure Coast Regional Planning Council's final assessment report for the Boynton Beach Mall Substantial Deviation Conditions 12 and 13. The contract shall also include a financing plan for imple- mentation and monitoring of the transit route(s) including a secured funding commitment (defined as an irrevocable letter of credit or bond). The financing plan shall provide that the max- imum obligation of the Applicant under the service contract shall be $100,000.00 per year for the Service Period; and B. A promotional plan outlining the strategies for facilitating, publicizing, and encouraging the use of this new service shall be submitted and approved by the City of Boynton Beach and CoTran in consultation with the Treasure Coast Regional Planning Council, Palm Beach County Metropolitan Plan- ning Organization. Such promotion plan shall not require the Applicant to contribute more than $5,000.00 per year during the Service Period to implement the promotional plan; and - 7 - C. A procedure has been established and approved by the City of Boynton Beach and CoTran in consultation with Treasure Coast Regional Planning Council for a quarterly moni- toring report that monitors ridership levels, effectiveness of route(s) and schedule(s), and operating and maintenance costs. The monitoring program shall be initiated within 90 days after the date of Certificate of Occupancy is issued for the additional square footage of the Mall and continue for the Service Period. 12. The transit service to be provided to the service area for the Boynton Beach Mall shall include the following: A. The route(s) shall consist of a combination of the proposed Routes A and B identified in the Boynton Beach Mall Expansion Transit Impact Study, dated October, 1989, or the route(s) identified by the survey referenced on Condition 11, including consideration of service to Bethesda Memorial Hospital and the Boynton Beach City Hall. The final route(s) selected shall be approved by the City of Boynton Beach, Palm Beach County sitting as the County Transportation Authority, and Treasure Coast Regional Planning Council; and B. The Vehicle fleet shall be comprised of a sufficient number of CoTran compatible vehicles to provide 20 minute headways; and prior public. to C. Bus service shall begin 30 calendar days the opening of the Boynton Beach Mall Expansion to the BE IT FURTHER RESOLVED BY THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, AS FOLLOWS: 1. Any modifications or deviations from the approved plans or requirements of this Development Order shall be sub- mitted to the Planning Director for a determination by the City Commission of the City of Boynton Beach as to whether the change - 8 - constitutes a substantial deviation as provided in Section 380.06(19), Florida Statutes. The City Commission of the City of Boynton Beach shall make its determination of substantial devia- tion at a public hearing after notice to the Applicant. 2. The City of Boynton Beach shall monitor the devel- opment of the project to ensure compliance with this Development Order. The City of Boynton Beach Planning Director shall be the local official assigned the responsibility for monitoring the development and enforcing the terms of the Development Order. The Planning Director may require periodic reports of the Appli- cant with regard to any item set forth in this Development Order. 3. The Applicant shall submit an annual report as required by Section 380.06(18), Florida Statutes. The annual report shall be submitted on the first anniversary date of the adoption of the Development Order and shall include the follow- ing: A. Any changes in the plan of development, or in the representations contained in the Application for Development Approval, or in the phasing for the reporting year and for the next year; B. A summary comparison of development activity proposed and actually conducted for the year; C. Undeveloped tracts of land that sold, transferred, or leased to a successor developer; have been D. Identification and intended use of the lands purchased, leased or optioned by the Applicant adjacent to the original site since the Development Order was issued; E. An assessment of the Applicant's and local government's compliance with the conditions of approval contained in this Development Order and the commitments specified in the Application for Development Approval and summarized in the Regional Planning Council Assessment Report for the development undertaken; F. Any request for substantial deviation deter- mination that was filed in the reporting year or is anticipated to the filed during the next year; G. An indication of a change, if any, in local government jurisdiction for any portion of the development since the Development Order was issued; H. A list of significant localw State, and fed- eral permits which have been obtained or which are pending by agency, type of permit, permit number, and purpose of each; I. The annual report shall be transmitted to the City of Boynton Beach, the Treasure Coast Regional Planning Coun- cil, the Florida Department of Community Affairs, the Florida Department of Natural Resources, and such additional parties as may be appropriate or required by law; J. A copy of any recorded notice of the adoption of a Development Order or the subsequent modification of an adopted Development Order that was recorded by the Applicant pur- suant to Subsection 380.06(15), Florida Statutes; and K. Any other information reasonably required by the City Commission of the City of Boynton Beach or the Planning Director to be included in the annual report. 4. The definitions found in Chapter Statutes shall apply to this Development Order. 380, Florida 5. The City of Boynton Beach hereby agrees that before December 31, 2010, the Boynton Beach Shopping Mall Devel- opment of Regional Impact shall not be subject to down zoning, unit density reduction, or intensity reduction, unless the City - 10 - demonstrates that substantial changes in the conditions underlying the approval of the Development Order have occurred, or that the Development Order was based on substantially inaccu- rate information provided by the Applicant, or that the change is clearly established by the City of Boynton Beach to be essential to the public health, safety, or welfare. 6. This .Development Order shall be binding upon the Applicant and its assignees or successors in interest. It is understood that any reference herein to any governmental agency shall be construed to mean any future instrumentality which may be created and designated as successor in interest to, or which otherwise possesses any of the powers and duties of any refer- enced government agency in existence on the effective date of this Development Order. 7. The approval granted by this Development Order is conditional and shall not be construed to obviate the duty of the Applicant to comply with all other applicable local, State, and federal permitting requirements. 8. In the event that any portion or section of this Development Order is deemed to be invalid, illegal, or unconsti- tutional by a court of competent jurisdiction, such decision shall in no manner affect the remaining portions or sections of the original Development Order, which shall remain in full force and effect. 9. This Development Order shall become effective immediately upon adoption. 10. Certified copies of this Development Order shall be transmitted immediately by certified mail to the Department of Community Affairs, the Treasure Coast Regional Planning Council, and Applicant. - 11 - 19th day of PASSED AND ADOPTED in a public hearing held on this the December , 1989. Comra± s s ioner Attest: Commissioner ~De~t~/city C~erk ~ ~ - 12 - EXHIBIT ~A~ OOgh'TC~ BEACH I:'ARC~ t7 5.83 ACR~ a parcel of land lying in Section 19, ~ip 45 South, Range 43 East, PaLm beach County, Florida, being mote particularly described as follows: Oa,,,erce at the Center of said Section 195 thence N.OOSl'51~W., along the North South 1/4 Section line of said Section, a distance of 35.00 feetl thence N.87°58'21#E., a distance of 40.O1 feet to the principal point and place of beginning of the following description: Thence N.OO51'51~., along a line 40.00 feet East of and parallel with said North South 1/4 Section line, a distance of 1191.23 feet to a point on the South right-of-way line of Boynton Canal~ thence N.88oo5t26#B., along said South right-of-way line, a distance of 347.93 feet to a pointl thence S.OoO5,26~/., a distance of 142.02 feet to a point~ thence. 233.87 feet along an arc to the right, having a radius of 335.00. feet and a chord of 22~.15 feet bearing S.20°05'26~d~ thence 372.lO feet, along :an arc to the left having a radius of 410.O0 feet and a chord of 359.46 feet, bearing S.14o05~26~W.I thence S.1~o54,34~E., a distance of 70.00 feet to a point~ th~ 172.26 feet, along an arc to the right, having a' radius of 235.00 feet and a cl~otd of 168.43 feet bearing S.9°05'26'w. ~ F_ad' - thence: 182118 feet, along an arc to the left having a xus of 325.00 feet an~ a chord oE 179.81 feet, bearing S.14o01.53~W.~ ~ ~.0~°0I'39'E.; a dis~ of 23.6 _ . . . : 7 feet to a point, thence 94.25 t.eec,, al. _o~_ an arc to the right having & radius of 60.00 £eet and a chore of 84.85 feet, bearing S.42o58,21~W.l thence S.87o58~2~ ?.59 eet ? of iming . i.ing 5.83 acre~ ot I~LeKI, mole o1: less. BOYNTON BEACH MALL 116.364 ACRES A tract of land located in Section 19, Township 45 South, Range 43 East, County of Palm Beach, Flor ida amd further described as follow, s~ Beginning att the Southeast corner of Section 19, T45 S, R43E; thence N 00" 59' 39" W along the East line of said Section 19, a distance of 1898.10 feet to 'a point; thence S 89" 00' 21" w, 'a distance of 60.00 feet to a point on the westerly right-of-way line of Congress Avenue, said point also being the principal point and place of beginning of the following descriptibn: Thence S 88" 05'" 26" W, a distance of 846.73 feet to a point; thence S 43" 32' 54" W, a distance of 57.02 feet to a point; thence S 00" 59' 39" E, a distance of 258.27'feet to a point; thence s 16" 46' 44.2" E, a distance of 199.60 feet to a point; thence S 00" 59' 39" E, a distance of 102.20 feet to a point; thence S 44" 46' 34" E, a distance of 14.45 feet to a point on the northerly right-of-way line of Boynton West Road (formerly old Boynton Road); thence N 89° 46' 34" W, along said northerly line, a distance of 1684.25 feet to a poiqt;. thehce N 00" 51' 51" W, a distance of 1228.05 feet to a point; thence N 87" 58' 21" E, a distance of 52.34 feet to a point; thence 227.77 feet along a curve to the left, having a radius of 145.00 feet and a chord of 205.06 feet, bearing N 42" 58' 21" E, to a point; thence N 2" 0I' 39" W, a distance Of 23.67 feet to a point; thence 134.54 feet along a curve to the right, having a radius of 240.00 feet and a chord of 132.78 feet, bearing N 14" 01' 53.5" E to a point; thence 234.57 feet along a curve to the left, having a radius of 320.00 feet and a chord of 229.36 feet, bearing N 9" 05' 26" E to a point~ thence N 11" .54' 34" W, a distance of 70.00 feet to a point; thence 294.96 feet, along a curve to the right, having a radius of 325.00 feet and a chord of 284.94 feet, bearing N 14"~ 05' 26" E to a point; thence 293.22 feet along a curve to the left, having a radius of 420.00 feet and a chord of 287.30 feet, bearing N 20" 05' 26" E to a point; thence N 00" 05' 26" E, a distance of 145.00 feet to a point; · thenCe N 88" 05' 26" E, a distance of 1738.97 feet to a point; thence S 00" 59' 39" E, a distance of 472.86 feet to a point; thence N 88" 05' 26"E · , a distance of 328 87 feet to a point on the Westerly line of Congress Avenue, thence S 00" 59' 39"E, along said Westerly liner. a distance of 130.01 feet 't6"~ '"' .... posnt; thence N 46" 27' 06" W, a distance of 56.11 feet to a point; thence S 88° 05' 26" W, a distance of 430.00 feet to a point; thence S 00° 59' 39" E, a distance of 609.99 feet to a point; thence N 88° 05' 26" E, a distance of 430.00 feet to' a polnlt; thence N 43° 32' 54" E, a distance of 57.02 feet to a poinlt on the Westerly line of Congress Avenue; thence S 00"' 59' 39" E,-along said Westerly line, a distance of 170.01 feet to a point; thence N 46° 27' 06" W, a distance of 56,.11 feet to a point; thence S 88° 05' 26' W, a dist~gce of 608.00 feet to a point; thence S 00~ 59' 39' E, a distance of 230.00 feet to a point; thence N 88" 05' 26' E, a distance of 340.00 feet to a point; thence S 00° 59' 39' E, a distance of 150.00 feet to a point; thence S 88' 05' 26" W, a distance of 340.00 feet to a point; thence S 00e 59' 39~ E, a distance of 229.99 feet to a point; thence N 88"'05' 26" E, a distance of 608.00 feet to a point; thence N 43' 32'. 54" E, a distance of 57.02 feet to a point on the Westerly. line of Congress Avenue; thence S 00° 59' 39" E, along said Westerly line, a distance of 130.01 feet to the principal point and place of beginning and containing 107.75 acres of land, more or less. AND A parcel of land lying in Seczion 19. Township 45 South, Range 43 £asco Palm Beach County° Florida. being more particularly described as follows: Commence at the center of' Section 19~ thence N 0° $1' 51# W, along ' the North South 1/4 Section line o£ sa~d Section, a distance 0£ 35.00 £eet; thence N 87° 58' 2L" E, a distance o£ 20.00 £eet to the pr~ncipa~ point and place o£ beginning o~ the £ollo~tng descrip~on: Thence cont~nuing N 87· 58* 21' £ a distance o£ 20.01 point; thence N 0° $~* $1' Wo along a l~ne 40.00 £eet Eas~ of and parallel ~th said Norkh South 1/4 Section ~£ne, a distance o£ 1191.23 feet ~o a point on ~he Sou~h right-o£-va~ line of Boynton Canal; thence N 88° 05' 26# E, along said South line, a d~stance of 432.99 feet to a point; thence S 0a OS' 2~' W, a distance o£ 145.00 feet 2o a point; thence 2g~.22 £ee~ along an arc to the right, having a radius o£ 420.00 £ee~ and a chord of 287.~0 feet bearing S 20~ 05' 26n ~; thence 294.96 £e04:, alon~ an arc to ~he'le£t havin~ a radius o£ 325.00 £ee~ and a chord of 284.94 feet, bearinq. S 14o OS' 26' ~; 2hence S 11° 54' 34" E. a d£stance of 70.00 fee~ ~o a point; thence 234.57 feet, along an arc 2o the r~gh~, having a radius o£ 320.00 £ee~ and a chord O£ 229.36 £eet b~ar[ng S 9~ 05' 26" w; ~hence 134.54 £ee~, along an arc ~o ~he le£k having a radius o£ 240.00 £ee~ and a chord o£ 132.78 £eeto S 14° 01' ~3# W; thence S 02° 0~' 39# Es a distance o£ ~o a po~ntl ~hence 227.77 £ee~o along an arc to the right having a radiUs 0£ 145.00 £eet and a chord of bearin~ S 42° 58e 21' W~ ~hence S 87° 58 21' W, a 72.34 feet ~o a point; thence N 0° $~' $~ W a distance o£ 85.00 £eek to ~he poin~ o~ beginn~ng and con~s~n~ng 8~614 acres of land mor~ or less. AND 2.793 ACRES A parcel o£ land lying in SectLon 19, TownshLp 4S South, R~nqe 43 East, Palm Beach County, Florida, being more particularly described as follows: Commence at the Center of said SectLon 19; thence N 0e 51' $1~ W, along the North Sou~h 1/4 Section line o£ said Section, a distance of 35.00 fee=; ~hen~e N 87° 58' 21" E, a distance of 20.00 £ee~ to the princ~pal point and place of beg~rminq of ~he following description: Thence N 87° 58' 21a E a distance o£ 20.01 feet ~o a point; thence N 00° 51' 51' W a d~stance o£ 1191.23 £ee~ to a Chance N 88° 05' 26u E a distance o£ 50.01 feet to a point; r. hence S O0° 51' $1# E a distance of 135.00 fee= to a thence N 89° 08* 09u E a distance o£ 50.00 feet to a ps,nC; thence S O0° 510 $1u E a d~sCance o£ 180.00 feet ~o a poin=; ~hence N 89° 080 09# E. a distance of 10.O0 £eet to a =henCe S OS° $1f 51~ E a distance o£ 690.00 £ee~ ~o a thence S 89° 08* 09# W a dis=ance o£ 24.95 fee~ ~o a point; ~hence S O0° 51' $1~ E a distance o£ 160.39 fee= ~o a ~hence S 87° 58e 21# W a d~s~ance of 34.96 feet to a point: =hence S 02°_01e 39# E a d~stance o£ 110.00 feet ~hence S 87° 58* 21* W a distance of 72.34 fee= to a point: %hence N O0° 51' 51u W a distance of 85.00 feet ~o the potn~ o£ beginning and containing 2.793 acres of land more or less. 30HN'g'^l ~ I II ! 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