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