Loading...
CORRESPONDENCE DEPARTMENT OF DEVELOPMENT Division of Planning and Zoning Bulent l Kastarlat, NCARB Director Building Planning & Zoning Engineering Occupational License Community Redevelopment March 18, 1998 Mr. Dan Weisberg, Senior Engineer Palm Beach County Traffic Division Department of Engineering and Public Works P.O. Box 21229 West Palm Beach, Florida 33416 Re: Traffic Study: Boynton Beach Mall Congress Avenue Dear Mr. Weisberg: Per the Boynton Beach Mall DRI development order condition #13, a revised traffic study dated March 1998, was sent to you by Thomas A. Marsicano. Please review the study for conformance with the County's Traffic Performance Standard Ordinance. The Treasure Coast Regional Planning Council has also been provided a copy of the study for review by their traffic consultant. A building permit for department store "F" has been applied for. Therefore, if you have questions regarding this matter, please call me at (561) 375-6260, otherwise please send me your written comments/approval to the above address at your earliest convenience. Sincerely I ~j~l ~~ Tambri J. Heyden, AICP Planning and Zoning Director TJH:bme cc: Central File s:\projects\BBMall\Revised Traffic 3-98 OW America's Gateway to the Gulfstream 100 East Boynton Beach Blvd.. P.O. Box 310 Boynton Beach. Florida 33425-0310 Phone: (561) 375-6260 FAX: (561) 375-6259 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. r ; 2: ' \.J ,C;C- \ \ 3. ) \J \ \,:J \ 5. : 'J \. 6. A. This condition will be met. 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" in the northwest quadrant of the site by recording appropriate Restrictive Covenants which, prior to recording, shall be approved by the Treasure Coast Regionl Planning Council and the City of Boynton Beach. f:i .. , ,. , A. ~..,.-"'..:-_ t..'..... " This conditic~ .;..i!! be met upon application of building permit. [:' . Prior to commencing construction actiYity within the parcel containing the area to be preserved, (described by "Limits of Pine Area" shown on Exhibit "1 It), 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~l.~ (rill-".,c',' , \..... , . ((::: ,~2__,....J r' , " I All Brazilian pepper, Australian pine, and Melaleuca on the site (il}t:luding within the Limits of the Pine Area) shall he removed within two years after the effective date of this. Resolutiau 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. Development Program by that amendment was not implemented. A landscaped buffer along the west bouadary of the Pine Area and adjacent to Javert Street shan be provided in accordance with the plan attached as Exhibit" 1 ". -- .- . .(".._' _. . .y,-..J"" ~,"""., . '.;,.~"". oJ. , _",10 ,t):' ~f.-~~_,-A. t . . This condition will be met by the Applicant. --'1 The use of grassy swales to pretreat runoff before conveying any runoff to the detention ponds shan be utilized in the new parking lot additions, (and the parking lots shan be swept weekly) as shown on the Site Plan (Exhibit "2"). f<. ~.,..! - This condition will be met by the Applicant. ',\-' _ WPRO\M:\BOYNTON\DRJ\BOYN396 WP6 5 Comprehensive Policy Plan (hereinafter the "Plan") which does the following: (i) modifies its Level of Service standard for the Regional Roadway network; and or (ii) modifies 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. The improvements referenced in Condition II. 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. ~ J 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~\ ~o additional building permits shall be issued two years after the effective date of this Resolution unless '~ : 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. Ideatify the improvements and timing ofthose 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. 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 Le~el of Service D peak season, peak hour operating conditions) has been approved by Palm Beach Connty, 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. WI' _ WPROM:\BOYNTONlDlllB0YN396.WP6 10 /j/ /<"<:-1:_--:~-- I -. / . "....-' rr1ie City of iBoynton iBeach 100 rr,. tlJoynton tlJeadi tlJoufevam P.O. tlJ0i(310 tlJoynton tlJeadi, :JforUfa 33425-0310 City !J{afl: (561) 375-6000 :J.9lX: (561) 375-6090 ."~'!!!!!!!!!!!i!L~' ' November 24, 1997 Mr. Cormac C. Conahan, Esq. Hogdson, Russ, Andrews, Woods and Goodyear 2000 Glades Road Suite 400 Boca Raton, Florida 33431-7386 Dear Mr. Conahan: This letter is to confirm that upon your request for Planning and Zoning staff to preview plans for the Boynton Beach Mall, drawn by the Simon DeBartolo Group and dated 9/25/97 to allow construction of a 122,733 square feet department store, my staff has reviewed the plans in accordance with the site plan determination standards of Chapter 4-Site Plan Review of the City's Land Development Regulations and determined them to be a Minor Site Plan Modification. Your next step is to submit two sets of permit drawings to the Permit Administration Division of the Development Services Department. In order for permits to be issued, the drawings shall comply with all provisions of the City's Land Development Regulations and address all comments of the Development Order dated May 17, 1996. If the permit drawings do not meet code and a variance is requested, the minor site plan modification will no longer be valid. Feel free to call Jerzy Lewicki of my office at 561-375-6260, if you have any further questions regarding this determination. Yours very truly, ----- -! . /J.// I! j; I CUJ:~d 4- t;ra."1 'd.(..'/ Tambri J. Heyden AICP Planning and Zoning Director T JH:jbg xc: Jerzy Lewicki J:\SHROA TA\Planning\SHARED\WP\CORRESP\conahanBBMallnov1 a.doc Jlrrrerial's (jateway to tlie (julfstTlam ~ HODGSON RUSS ANDREWS WOODS Be GOODYEARLLP 00 2000 Glades 1{oad Albany Suite 400 Boca Raton R ~ f2 n M R. rD.. 1.. Boca Raton, FL 33431-8599 Buffalo l!i l!!J L!; U \'J I~ n 1 561-394-0500 BOCA RATON New York Ii. 561-736-2177 PALM BEACH Rochester ! ' 954-764-2440 BROWARD Mississauga FAX: 561-394-3862 (Toronto) EMAIL: bocalaw@hodgson-fla.ccmail.compuserve.com ,lit 2 3 1997 ATTORNEYS AT LAY,' Susan K. Baumel, P.A. Lawrence F. Beyer C.C. Conahan, P.A. Larry Corman, P.A. Anthony L. Dutton, P.A. Richard A. Goetz, P. A. Michael H. Gora, P.A. James M. Hankins, P.A. Paul E. Roman Thomas E. Sliney, P.A. James A. Porter, P.A. Of Counsel Via Fax (561) 375-6259 RESIDENT IN NEW YORK July 22, 1997 Paul R. Comeau Mark S. Klein Stephen M. Newman Tambri J. Heyden The City of Boynton Beach 200 N. Seacrest Boulevard P. O. Box 310 Boynton Beach, Florida 33425-0310 # r" 5~L_> -tic Dear Ms. Heyden: Re: Boynton Beach Mall Department Store "F" File No. NWSP 96-001 Location: 301 N. Conqress Avenue, Bovnton Beach As you know, this firm represents the owner of the Boynton Beach Mall. Today, I met with the TRC and it appears that the TRC gave us a green light to proceed. I have spoken with my client. Because things are moving quickly, I request that the request for extension be presented to the Planning and Development Board tonight. I understand that there is no requirement to bring the extension to the Board and this is a matter of keeping the Board informed about this matter. As such, I would be happy to attend the meeting and await the placement of this item at the end of the meeting tonight. I very much appreciate your consideration of this request. Very truly yours, C.C. Conahan, P.A., Partner ( ~ UL-- By: Cormac C. Conahan CCC:cs ~M ";Jo // 0 p/~. ~ 7/~/Cf7 A Registered Limited Liability Partnership Including Professional Associations