CORRESPONDENCE
U,.Gteiner
July 21,1998
URS Greiner, Inc.
POBox 31646 (33631 . ~.; tJ:
7650 W Courtney Carl'pi",.:;
Tampa, Florida 33607 j.lt).:
Telephone (813) 286- 1" .
,:acslmile (813) 287-8~)~11
Offices in Pnnclpa! Clh?S ,\,',-1:i-icn'.>l!l1e
Fl_DPIOA rf,J..A CUCO:JU'
J;.:'r
Recording Department
Clerk of Circuit Court
Palm Beach County Courthouse
P,O. Box 4177
West Palm Beach, FL 33402
lli~
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Jl 2 11998
Pl.ANNING AND
NIN DEPT.
Reference: Boynton Beach Mall
Notice of Adoption of Development Order
Dear Sirs:
On behalf of Simon DeBartolo Group, Inc., enclosed is a Notice of Adoption of Development Order
and attached Exhibit A - Boynton Beach Mall Property Legal Description, along with the required
$15.60 recording fee. We ask that you provide us a certified copy for our records.
If you have any questions, please contact me at (813) 286-1711, extension 5207.
Sincerely,
URS GREINER, INC.
~/~
Thomas A. rv1arsicano
Vice President
TAM:mm
Enclosure
xc: Tim Daly, Simon DeBartolo Group, Inc.
Mike Rumpff, City of Boynton Beach
Jim Snyder, Treasure Coast Regional Planning Council
Roger Wilburn, Florida Department of Community Affairs
MM:M:\BOYNTON\NADOIRECORDL TR
NOTICE OF ADOPTION OF DEVELOPMENT ORDER
Pursuant to Section 380.06(15)(f), Florida Statutes (1993) notice is hereby given of the
adoption of an amendment to Ordinance 96-26, the development order for Boynton Beach Mall, a
development of regional impact, which development is located on the property described in the
attached Exhibit A. The amendment provides for extension of the project buildout date to December
31,2000. The subject amendment was adopted on June 23, 1998, by the City Commission of the
City of Boynton Beach, Florida.
Copies of the Boynton Beach Mall development order are kept by the City of Boynton Beach, City
Clerk, and are open to public inspection. The adopted development order constitutes a land
development regulation applicable to the property described in Exhibit A. The recording of this
notice shall not constitute a lien, cloud or encumbrance on the property described in Exhibit A, nor
actual nor constructive notice of any such lien, cloud or encumbrance.
Simon DeBartolo Group, Inc.
115 West Washington Street
Indianapolis, Indiana 46204
By: ~/~0
Thomas A. Marsicarfu
Authorized Agent
For: Simon DeBartolo Group, Inc.
URS Greiner, Inc.
7650 W. Courtney Campbell Causeway
Tampa, Florida 33607-1462
State of Florida
County of Hillsborough
The foregoing instrument was acknowledged before me this 21 st day of July, 1998,
by Thomas A. Marsicano, who is personally known to me.
C~/lL, L,~ ')
. ~. ,........., PHYlliS A CANNON
. ~~'.t~ .
~.i {:(~'\;~ MY COMMISSION' cc 703919
. ~'~'>l'~ EXPIRES: December 21. 2001
,I "'!.f.P.r::Ii.~'~ Bonded Tlvu NoIIIy PubliC Unde/WIIllIII
MM:M:\BOYNTONlNADOINADO_721.98
---'-
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---------......._--
STATE OF FLORIDA
DEPARTMENT OF COMMUNITY AFFAIRS
"Helping Floridians create safe, vibrant, sustainable communities"
LAWTON CHILES
Governor
JAMES F. MURLEY
JUN 2 9 \998
June 26, 1998
Mr. Michael Rumpf, Acting Director
Planning and Zoning Department
City of Boynton Beach
100 E. Boynton Beach Blvd.
Boynton Beach, FL. 33425-0310
Re: ADA-I074-059: Boynton Beach Mall Development of Regional Impacts
(DRI) Notice of Proposed Change
Dear Mr. Rumpf:
The Department has received a Notification of Proposed Change (NOPC) to the Boynton
Beach Mall DRI. The request was received from Mr. Thomas A. Marsicano, authorized
representative of the Boynton Beach Mall DRI, on May 14, 1998.
The request contained a proposed modification to the Development Order extending the
build-out date for the DRI from December 31, 1991 to December 31, 2000, a total of nine
years.
Pursuant to Section 380.06(19)(c), Florida Statutes (F.S.), the proposed modification to the
Development Order is presumed to create a substantial deviation. However, the applicant
has rebutted the presumption by providing clear and convincing evidence that no additional
regional impacts would result form the proposed modification.
flORIDA KEYS
Area of Critical State Concern Field Office
2796 Overseas Highway, Suite 212
Marathon, Florida J3050-2227
2555 SHUMARD OAK BOULEVARD · TALLAHASSEE, FLORIDA 32399-2100
Phone: 850.488.8466/Suncom 278.8466 FAX: 850.921.0781/Suncom 291.0781
I nternet add ress: http://www.state.fl.us/cornaff/dca.htm I
GREEN SWAMP
Area of Critical State Concern Field Office
155 East Summerlin
Bartow, Florida 3J8JO-4641
SOUTH flORIDA RECOVERY OFFICE
P.O. Box 4022
B600 NW. J6th Street
Miami, Florida H159-4022
,~___..~,~___._.,.._________.._u,_.__,,__________'____~.______..______~._____"__.____...._____u..___.____"_"__--- - -.-
Mr. Michael Rumpf
Boynton Beach Mall DR!
June 26, 1998
Page Two
If you have any questions or require further assistance in this matter, please contact Roger
Wilburn, Community Program Administrator, or Talal M. Benothman, Planner IV, at (850)
487-4545.
~~~.~
Charles Gauthier, AICP
Growth Management Administrator
CG/tbo
cc: Mr. James Snyder, TCRPC
Mr. Thomas A. Marsicano
1-
URS Greiner
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URS Greiner, Inc.
P.O. Box 31646 (33631-3416)
7650 W. Courtney Campbell Causeway
Tampa, Florida 33607-1462
Telephone: (813) 286.1711
Facsimile: (813) 287-8591
Offices in Principal Cities Nationwide
June 19, 1998
CI03658.00
FLORIDA #AA C000901
FLORIDA #LC C000234
Mr. Michael Rumpf
Planning and Zoning Dept.
City of Boynton Beach
100 E. Boynton Beach Blvd.
Boynton Beach, FL 33425
Re: Boynton Beach Mall Development Of Regional Impact - Development Order Amendment
Dear Mr. Rumpf,
We have reviewed the June 15, 1998, letter from the Treasure Coast Regional Planning Council
regarding the above topic with the mall's owner, Simon DeBartolo Group, and have received their
approval and agreement with the proposed changes to the Development Order.
We would appreciate your assistance in scheduling this matter for final hearing as soon as possible.
Please contact us as soon as the dates have been set. We would also request an opportunity to review
the proposed amendment resolution as soon as it is available.
We appreciate the City's and the Region's cooperation in expediting this review. If you have any
questions or need any additional information to complete this process please call me.
Sincerely,
URS Greiner, Inc.
~~
Thomas A. Marsicano
Vice President
xc: Tim Daly - Attachment
Jim Snyder, TCRPC
M:\BOYNTON\CORRESPOIRUMP619.98
treQlure
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. PlANNlNG ;',NO
ZONiNG OEPT.
June 15, 1998
Mr. Michael Rumpf, Acting Director
Planning and Zoning Department
City of Boynton Beach
100 E. Boynton Beach Boulevard
P.O. Box 310
Boynton Beach, FL 33425-0310
Subject: Boynton Beach Mall Development of Regional Impact
Dear Mr. Rumpf:
In accordance with the requirements of Section 380.06(19), Florida Statutes (F.S.), we have reviewed
the "Notification of a Proposed Change to a Previously Approved Development of Regional Impact
(DRI)" (NOPC) for the Boynton Beach Mall DRI dated May 13, 1998.
The applicant proposes to extend the buildout date for the Boynton Beach Mall from December 31,
1991 to December 31, 2000. The proposed change is presumed to be a substantial deviation pursuant
to Section 380.06(19)(c), F.S. Council has reviewed the information provided by the applicant and
has determined that the change will not create any additional regional impacts that would require
substantial deviation review. However, Council recommends that the development order be revised
as follows:
1) The following development order language should be added, "The project build out date shall be
December 31,2000."
2) Condition 13 of Resolution 96-26 should be revised as follows, "No additional building permits
shall be issued after December 31, 2000, unless a traffic study has been conducted and submitted
and reviewed pursuant to Section 380.06(19), Florida Statutes. The proposed traffic study
methodology should be submitted to Treasure Coast Regional Planning Council, Florida
Department of Transportation, Palm Beach County and the City for review and approval prior to
the traffic study being conducted by the applicant to ensure that proper standards are being
applied."
Please transmit a certified copy of any Development Order amendment adopted pursuant to this
notification of proposed change.
301 east ocean boulevard
suite 300
stuart, florida 34994
phone (561) 221-4060
sc 269-4060 fax (561) 221-4067
Mr. Michael Rumpf, Acting Director
June 15, 1998
Page 2.
Please call if you have any questions.
SincerellJ ~
~T.snYder
DR! Coordinator
cc: Nelia Coyle, TCRPC Chairman
Roger Wilburn, FDCA
Thomas A. Marsicano, Applicant
c.ll-
I I
The City of
Boynton Beach
100 E. Boynton Beach Boulevard
P.O. Box 310
Boynton Beach, Florida 33425-0310
Office of the City Attorney
(561) 375-6050
FAX: (561) 375-6054
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May 28, 1998
Thomas E. Sliney, Esq.
Hodgson Russ Andrews Woods & Goodyear, LLP
2000 Glades Road
Suite 400
Boca Raton, Florida 33431-8599
VIA FACSIMILE ONLY
(561) 394-3862
Re: Bovnton Beach Mall!R.estrictive Covenant
Dear Tom:
This is in response to your letter dated April 28, 1998, in which you posed some
questions pertaining to the above matter. I have discussed each of your questions with
members of the Planning Division for the City and respond as follows:
1. Is there an expiration date for the site plan approval that my clients obtained with
the parking deck?
At the present time, the site plan for the project does not include a parking deck.
The site plan containing the parking deck was replaced by the existing site plan.
According to Mike Rumpf in the Planning Division, the expiration date for the
existing site plan is one (1) year from the date of approval.
2. Does the recently issue parking variance approval which reduced the parking
ratio to 4.5 have any effect on the prior site plan (which included the parking
deck)? That is, hypothetically, could my client still go ahead with the original
plan with the parking deck?
The recently issued parking variance approval reducing the parking ratio has no
effect on the site plan containing the parking deck. Said site plan has been
replaced by a new site plan. Further, approval of the parking variance was
recommended by the Planning and Development Board and granted by the City
Commission after each board was presented with facts and infromation indicating
"An Equal Opportunity/ Affirmative Action/ADA Employer"
Boynton Beach Mall
Thomas E. Sliney
May 28,1998
Page 2
that there would be no parking deck. Because there was no parking deck on the
site plan was, I believe, the reason the applicant requested the variance. Based on
the above, your client is not permitted to go ahead with the initial plan for a
parking deck under the existing site plan.
3. Does the reduced 4.5 parking ratio variance have any time limitation?
The parking variance time limit coincides with that of the site plan it was
approved under - thus, one (1) year. A copy of Chapter 4, Section 5 of the City
of Boynton Beach Code of Ordinances is attached.
Should you have any questions, please do not hesitate to contact me.
?Jt;;;Jt1d~
MICHAEL J. P~Z
Assistant City Attorney
Ene!.
ca\develop\boynton beach mall\sliney letter I
cc: Bulent Kastarlak, Director of Development
Mike Rumpf, Acting Director of Planning and Zoning
Boynton Beach, Florida Code of Ordinances
Section 5.
Expiration of site plan.
Upon approval of a site plan by the City Commission, the applicant shall have (1) year to
secure a building permit from the development department. If an applicant fails to secure a
building permit in that time, all previous approvals shall become null and void, and the applicant
will be required to submit a new site plan and application; provided, however, a clearing permit
shall not constitute a building permit plan for site plan review purposes. At its discretion, the
City Commission may extend the approval of a site plan for a one-year period, provided a
request for extension is filed prior to the expiration of the one-year period. In granting such
extensions the City Commission may impose additional conditions to conform the site plan to
current development standards.
CODvriaht tcl 1995. American Leaal Publishing CorDoration
- J
URS Greiner
URS Greiner, Inc.
P.O. Box 31646 (33631-3416)
7650 W Courtney Campbell Causeway
Tampa, Florida 33607-1462
Telephone: (813) 286-1711 (<gI3)
Facsimile: (813) 287-8591 ' ;J..~"bS"87
Offices in Principal Cities Nationwide
May 13, 1998
FLORIDA #AA C000901
FLORIDA #LC C000234
Ms. Tambri Heyden
City of Boynton Beach
100 East Boynton Beach Boulevard
Boynton Beach, FL 33425
00 ~M:Y ~~:~Im
PLANNING AND
ZONING OEPt
Re: Boynton Beach Mall -
Notice Of Proposed Change To A Previously Approved Development Of Regional Impact
Dear Ms. Heyden:
In accordance with our recent discussions we are transmitting herewith two copies of the above
referenced application. The application is to extend tl\e time for completion of the proposed mall
expansion to December 31, 2000. This revised date is consistent with the completion date included in
the March, 1998 traffic study for Boynton Beach Mall. A copy of the study which was approved by the
County April 9, 1998 is included in Appendix B of the application.
Copies of this application are also being transmitted today to the Ir~asure Coast Regional Planning
Council and the ~lorida p~partment of Community Affairs. As set forth in Section 380.06(19)(f)(3)
and(4), Florida Statutes, we understand that the review process will be as follows:
/--- ;--------.-"
.j........... No sooner than GQ~~y~.but no later than 45 days after submittal the City will give 15 days'
i d'~/ . '- ,.>\:\ notice and schedule a public hearing to consider the change.
/'1c'->J1- ;<<')\~
. u.;J"t'- ~ · The appropriate regional planning agency or the state land planning agency shall review the
J--~ I ~_ Y\'~~'\I\ change and no later than 45 days after submittal, and prior to the public hearing, shall advise
. \. ..Ie .'(':t~ Ui\ the local government in writing whether it objects to the proposed change. This time may
~.. J be extended by the developer.
· The public hearing shall be held within 90 days after submittal of the proposed change,
unless that time is extended by the developer.
In addition to the normal scheduling outlined above, it is understood that the City will continue to review
plans, issue all necessary permits applied for prior to or during the NOPC review, and allow
commencement of improvements prior to completion of the NOPC process.
R~
J
/4_ ..... t
Our client, Simon DeBartolo Group Inc., will be forwarding the review fee deposits of $500.00 to the
City Of Boynton Beach and $2,500.00 to the Treasure Coast Regional Planning Council under separate
cover. r would appreciate being notified ifthere is any delay in the receipt of fees or of any other matter
that may delay the processing and approval of this application.
MM:M:\BOYNTONICORRESPOIHEY _513.98
-1-
URSGreiner
Ms. Tambri Heyden
May 13, 1998
Page Two
We appreciate the cooperation of the City and the Region in agreeing to review this application in
parallel with our plan submittals and will be available to respond to any questions you may have on a
priority basis.
If you have any questions regarding any of the information included herewith please call me.
Sincerely,
URS Greiner, Inc.
;~~~~~
Thomas A. Marsicano
Vice President
TAM:mm
Enclosure
xc: Tim Daly
Jim Snyder, TCRPC
Roger Wilburn, DCA
MM:M:\BOYNTON\CORRESPOIHEY _513.98
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7650 W. Courtney CampbcU Callscw'lY
Tampa FL 33607 1462
Telephone: l8131286-1711
FaK. (8131 287 -659 \. 7th Floor
(8131287-8229. 6th Floo,
(813) 286-6587. 5th Floor
Date:
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PLANN!NG ANO
ZONING DEPT.
Department of Engineering
and Public Works
P.O. Box 21229
West Palm Beach. FL 33416- 1229
(561) 684-4000
http://www.co.palm-beach.fI.us
.
Palm Beach County
Board of County
Commissioners
Burt Aaronson, Chairman
Maude Ford Lee. Vice Chair
Karen T. Marcus
Carol A. Roberts
Warren H. Newell
--;7
Mary McCarty
Ken L. Foster
County Administrator
Robert Weisman. P.E.
"An Equal Opportunity
Affirmative Action Employer"
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PlANNIf\;G ~.ND
ZONING DEPT.
April 9, 1998
Ms. Tambri Heyden, Director
Boynton Beach Planning and Zoning Department
100 E. Boynton Beach Boulevard
P.O. Box 310
Boynton Beach, FL 33425-0310
RE: BOYNTON BEACH MALL
Dear Ms. Heyden:
The Palm Beach County Traffic Division has reviewed the traffic impact
study for the project entitled Boynton Beach Mall, pursuant to the
Traffic Performance Standards in Article 15 of the Palm Beach County
Land Development Code. The project will increase the size of the mall
from 1,108,000 s uare feet toJ2~9 square feet. The project will
generate 2,428 additional net daily trips. The build-out is 2000.
The Traffic Division has determined that the project meets the
requirements of the Palm Beach County Traffic Performance Standards.
If you have any questions regarding this determination, please contact
me at 684-4030.
Sincerely,
OFFICE OF THE COUNTY ENGINEER
&-- :J4-~
Dan Weisberg, P. E.
Senior Registered Civil Engineer
cc: Thomas Marsicano, URS Greiner
File: Mun - TPS - Traffic Study Review
g:\user\dweisber\wp50\tps\boyn58b - TAZ 481
April 8, 1998
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DEPARTMENT OF DEVELOPMENT ~r .
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Bulent 1. Kastarlak, NCARB Building
Director of Development Planning & Zoning . ~~~
Engineering i VI. I
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Community Redevelopment \V \j 'j ,
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Mr. James Snyder
Treasure Coast Regional Planning Council
30 I East Ocean Blvd., Suite 300
Stuart, FL 34994
Re: Build-Out Date of Boynton Beach Mall, Boynton Beach, FL
Dear Mr. Snyder:
Thank you for reminding Tambri Heyden and 1 about the build-out date of the Boynton Beach Mall and
its' significance with respect to the regional transportation network.
The last structure to be built at the Mall is the Dillard's Department Store scheduled for construction start
in April 1998. The build-out of the Mall is therefore scheduled for late 1999. r
1 recognize that the current Development Order for the Mall needs to be extended beyond 1997. ~!I..E ~
Extending the Development Order and the build-out date however will not result in any change on thp~
number of park i ng spaces or the floor area of the Mall. Therefore it i~ r1()L!l_c:~~ssary to update the o~i;al \
tratlic study, as it will not have any bearing on the parking capacity or circulati~~-'pfanofTh~Mair...-.-~'
1 will \velcome your having an update of the network impact analysis made for the year 2000 and beyond.
Of course this impact will be generated by sources external to the Mall and will continue to increase
beyond the build-out date for many years.
1 will initiate an administrative step to update the build-out date in the Development Order and will keep
you informed.
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'fi~t:4:l~4~lu,f;L
Bulent I. Kastarlak
Director of Development
BIK/ck
Xc:
Thomas A. I\larsicano, URS Greiner, Inc.
Tambri Heyden, Planning & Zoning Administrator
l': \Iv j)o~lIlll~lll, BOYlllot1 Ikldl \lall. Illliltl.()ut j)aIc.t1o~
America's Gateway to the Gulfstream
100 East Boynton Beach Blvd., P.O. Box 310 Boynton Beach. Florida 33425-0310 Phone: (561) 375-6371 Fax: (561) 375-6357
VRSGreiner
July 21,l998
URS Greiner, Inc.
PO Box 31646 (33631q tJ:
7650 W Courtney CarnuL".:,
Tampa, Florida 336071.)c;)
Telephone (813) 286-17,:
FaCSimile (813) 287 -8:,'11
Oftlces In Pone/pal C>tIf?') \/,-f,~'c:;n\-\/1(1(-!
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Recording Department
Clerk of Circuit Court
Palm Beach County Courthouse
P.O. Box 4177
West Palm Beach, FL 33402
rn
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Jll.AAtNING AND
ONING DEPT.
Reference:
Boynton Beach Mall
Notice of Adoption of Development Order
Dear Sirs:
On behalf of Simon DeBartolo Group, Inc., enclosed is a Notice of Adoption of Development Order
and attached Exhibit A - Boynton Beach Mall Property Legal Description, along with the required
$15.60 recording fee. We ask that you provide us a certified copy for our records.
If you have any questions, please contact me at (813) 286-1711, extension 5207.
Sincerely,
URS GREINER, INC.
~/~
Thomas A. rvlarsicano
Vice President
TAM:mm
Enclosure
xc: Tim Daly, Simon DeBartolo Group, Inc.
Mike Rumpff, City of Boynton Beach
Jim Snyder, Treasure Coast Regional Planning Council
Roger Wilburn, Florida Department of Community Affairs
MM.MIBOYNTONlNADOIRECORD.L TR
NOTICE OF ADOPTION OF DEVELOPMENT ORDER
Pursuant to Section 380.06(15)(f), Florida Statutes (1993) notice is hereby given of the
adoption of an amendment to Ordinance 96-26, the development order for Boynton Beach Mall, a
development of regional impact, which development is located on the property described in the
attached Exhibit A. The amendment provides for extension of the project buildout date to December
31,2000. The subject amendment was adopted on June 23, 1998, by the City Commission of the
City of Boynton Beach, Florida.
Copies of the Boynton Beach Mall development order are kept by the City of Boynton Beach, City
Clerk, and are open to public inspection. The adopted development order constitutes a land
development regulation applicable to the property described in Exhibit A. The recording of this
notice shall not constitute a lien, cloud or encumbrance on the property described in Exhibit A, nor
actual nor constructive notice of any such lien, cloud or encumbrance.
Simon DeBartolo Group, Inc.
115 West Washington Street
Indianapolis, Indiana 46204
By ~/~u
Thomas A. Marsicarfu
Authorized Agent
For: Simon DeBartolo Group, Inc.
URS Greiner, Inc.
7650 W. Courtney Campbell Causeway
Tampa, Florida 33607-1462
State of Florida
County of Hillsborough
The foregoing instrument was acknowledged before me this 21st day of July, 1998,
by Thomas A. Marsicano, who is personally known to me.
C'a/Yl/ L~)
ublic
: ...~-;;"\rj;o;... PHYlUS A. CANNON
~ig'~'1:~ MY COMMISSKlN' CC 703919
: ~.~."J: EXPIRES: December 21, 2001
,: "::;f.iff.:l~~" Bonded 11Ilu IIolIIY PIIbIIc IbIlllwlIlIII
MMMIBOYNTONlNADOINADO _721.98
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thanaa H 00. ", H - H along the I.. t. Una of .'ald aaatlon
1', . di.tanaa at U'I.l0 hat to '. polnt, thanaa 8 U. ,~O'
:21. H, . dietanae ot 10.00 teet to a polnt an the w..taU.y
r1ght-ot-way Una at Congra.. t.YlnUe, .ald polnt al.a bling
thl pr.lnalpal point and plaae at beC)lnnLnq at the fallowln')
dual' lptlbn I
Thenee II II- 05'" 21- W, a dlltanae af IU.')) feet. to a paint.
thence 8 4]- 31' '4- H, a dht.anoa at 57.02 ,felt. to a point.,
thence S 00. ", 1'- I, a dlatanee of 251.21 fa.t. to a point'
thenca 5 1'- 461 4402- I, a dhtanel at 1".'0 het to &
poLnt, thenae SOD. ", 3'- E, a diatanee 'of 101.10 fe.t to &
po 1 n tit h a n a a S 44. 4" 1 4 - E, a d i. t. n c a 0 t 14. 4 S tIe t to &
point on tha nartharly right-ot-way'11na at Boynton He.t RaId
Itor.aely old Barnton Roadl. thanaa HI'. 46' H- H, alan9
.ald parther1.y 1 ne, a dilt.nee of UI~.15 het to & paln.t..
thanaa HOD. 51' 51- H, a dl.tanae at 1221.05 flat to ·
point' thanea H". 5.' 11- S, . dl.tance at 51.34 faat to a
palnt, thanae 227.'7 teat alan9 a' CUl've to tha leU., haYin, a
It'adhu at U5.00 het and a chord at 105.0' hat., beat1ng H
42- 511 :11- E, to .. point. thenae H 1Q 011 :is- ft, a &!latllnce
at 11.67 teet to a point' thlnae ilLS. t.et alan9 · curva
to the rlght, havlng a ra41ua at 240.00 t..~ and & aha~d of
, .. .~. "" ~.,~~.. E to & point.. thana.
,
I
ORB /;,764 P91565
.,
A parcIl .t land 1yi., In ."&'Ift lt, Tewa.~l, 45 SlutK4,aiR" &2
Cut, ,". ..aeh Clunty, Fl.rl"a, bdnq .01'1 putlcularl't
d,.crlb,d II lo"o~,'
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11...,' U.. Horth lout" 1/4 atech" ill.. te lIid I..U..., I
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JO.oo (.at c. chI principal pot"t and pllc, o( blqlnn'n. DC the
(ol\,wlnq d..ar'ptlon,
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,01nt, t~'n.' H 0' 5" S'- W, 11..., . 11"1 40.DO C..t EI.~ .1 1..4
par,ll.l with a.14 H'l't~ ..ut" 'I. ".U.n U"a, I "htan.. oe
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Canal. U....c. H II' OS' 2'- E. 11.". ..id South rtt..t-.'-w'r
\ In'. a diatlnc. o( 431." C..t c. . p.l..c, thlnc. S o' OS' ~,
w. " "llt,,,a. .C \4S.00 C..t'tl . p,'at, U..".. 2').22 f..t .1....
'n ire to Ch. rl,ht. hlvl", . radl... IC 420.00 c..t ..... I c~.cd
,f ]11.30 (..t b,arlft9 I 20' OS' 2" W. th.na. 2'4." (,.t. alon9 .
an arc C. th,'l.Ct hav'_. . radlul .t 125.00 (..t Ind I ....1'.. of
114.14 c..t. ba.rln.'. "'. OS' 2" w. thanGI S lP 54' H. t, I
dill.n.. .1 'JO.OO f..c C. I p.anc. C".".. 234.57 ,..c. al.... an
:~: ~~ ~~~~ r!~~~:_.!'I~'~7 ~.,r~~}:.u.t~..1_2_0_._00''''A''.c.. II".d_~1 ~~~~~ ~~
MEETING MINUTES
REGULAR CITY COMMA.::>>SION
BOYNTON BEACH, FLORIDA
JULY 7, 1998
downtown, The issue of term limits is of particular concern to him. When he returns from a trip
up north, he will work to organize a grassroots movement to defeat term limits in November,
Vice Mayor Jaskiewicz announced that there is a model of the new high school on display in the
magazine section at the library. Some of t~e safety issues are being built into that school.
When Mr, Suss expressed an uneasy feeling about the construction of the new high school,
Vice Mayor Jaskiewicz explained that The School Board is very happy to be building the first
coastal high school here in Boynton Beach.
John Burns. Lantana, announced a program that will bring approximately 20 Russian high
school students to the Palm Beach area. Host families are needed. The program begins on
July 17th and runs through August 14th. All of the students range in age from 13 to 17 and are
from Siberia and the Russian Far East. Their activities are well organized for the four weeks
they will be here. All of the students speak English and will take intensive English language
classes while they are here. In addition, all students have full medical insurance coverage. Mr.
Bums urged anyone who wishes to host a student to contact him. He left an information sheet
in the Chambers.
Mayor Taylor offered to advertise this program on the sign outside of City Hall.
Sarah Williams thanked the Commission for agreeing to subsidize the summer camp program.
She is hopeful that next year's budget will include all children in Boynton Beach whose needs
must be met.
...
WITH NO ONE ELSE WISHING TO SPEAK AT PUBLIC AUDIENCE, MAYOR TAYLOR
DECLARED A BRIEF RECESS AT 8:30 P,M. THE MEETING RESUMED AT 8:40 P.M.
VII. PUBLIC HEARING:
Attorney Cherof administered the oath to all that would be testifying during these quasi-judicial
proceedings.
A.
Project:
Agent:
Boynton Beach Mall
Thomas A. Marsicano, Vice President
URS Grenier, Inc.
Boynton Beach Mall
Request to amend the Development Order of the Boynton Beach
Mall Development of Regional Impact (DRI),amending Ordinance
96-26, to extend the build-out date to December 31,2000.
Location:
Description:
PROPOSED RESOLUTION NO. R98-123 Re: Amending the
Development Order to change the buUd-out date to December 31, 2000
Tom Marsicano. Certified Planner reDresentina Simon DeBartolo Corooratlon. explained
that this is an extension' of the build out date for expansion of the Mall. It is anticipated that the
expansion will be completed before December, 2000.
15
MEETING MINUTES
REGULAR CITY COM~..~SION
BOYNTON BEACH, FLORIDA
JULY 7, 1998
In response to Mayor Taylor's question about the conditions of approval, Mr. Marsicano stated
he had not seen the draft Resolution.
Mike Rumpf, Acting Planning & Zoning Director, advised that the condition of approval remains
the same as in the original packet received by Mr. Marsicano. Mr. Marsicano advised that he
had no problem with the condition of approval.
MAYOR TAYLOR ANNOUNCED THE PUBLIC HEARING. THERE WAS NO ONE PRESENT
WHO WISHED TO SPEAK ON THIS APPLICATION.
Motion
Commissioner Titcomb moved to approve Agenda Item VII.A, Boynton Beach Mall extension.
Commissioner Denahan seconded the motion.
In response to Vice Mayor Jaskiewicz, Mr. Marsicano said the plans. are being reviewed by staff
and construction should begin before the end of the year. Construction should take
approximately one year to complete.
The motion carried unanimously.
B.
Project:
Agent:
Favorite Food Court
Bradley D. Miller, AICP
Miller Land Planning Consultants, Inc.
" ,€astside of SW 8th Street, north of Woolbright Road
Request for conditional use approval to construct a 4,000 square
foot restaurant with a drive-through within the Shoppes of
Woolbrig~t PCD
and
Location:
Description: .
IV,D.3. Shoppes of Woolbright PCD - Favorite Food Court (Bradley D. Miller.
AICP) Request for modification to master plan for the Shoppes of
Woolbright PCD through adjustment of square feet from planned retail
use to the remaining restaurant outparcel in connection with processing of
the Favorite Food Court use application to construct a 4,000 square foot
(restaurant) with a drive-through
Attorney Cherof advised that both items could be considered together. However, separate
motions are required.
Bradlev Miller. Miller Land Plannina Consultant. represented the petitioner. This parcel is
part of the Shoppes of Woolbright PCD on the eastside of SW 81h Street, north of Discount Auto.
This parcel went through the site plan review process approximately one year ago and was
approved for a 3,710 square foot food court facility. The request for conditional use approval
came about because of:
· The Design Expo project north of Home Depot was approved. As part of that
approval, the Home Depot entrance was relocated and that resulted in the
16
URS Greiner, Inc.
PO. Box 31646 (33631-3416)
7650 W. Courtney Campbell Causeway
Tampa, Florida 33607-1462
Telephone: (813) 286-1711
Facsimile (813) 287-8591
Offices in Principal Cities Nationwide
URS Greiner
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FLORIDA #AA C000901
FLORIDA #LC C000234
C103658.00
July 8, 1998
Mr. Michael Rumpf
Planning and Zoning Department
City of Boynton Beach
100 E. Boynton Beach Boulevard
Boynton Beach, FL 33425
Re: Boynton Beach Mall- DRI Development Order
Dear Mike:
Based on the City Commission action at their July 7, 1998 meeting, the above referenced Development
Order amendment to extend the buildout date to December 31, 2000 has been approved. Please forward
a copy of the signed resolution in this matter as soon as possible.
As required by Section 380.06(15)(f), Florida Statutes, we will then prepare and file a Notice of
Adoption of the amendment which will be recorded with the clerk of circuit court's office. We will also
provide a record copy of this notice for the City's file.
As always, it has been a pleasure to work with the City of Boynton Beach.
Sincerely,
URS Greiner, Inc.
~4{~~0
Thomas A,1\.1arsicano
Vice President
TAM:mm
Enclosure
xc: Tim Daly
Jim Snyder, TCRPC
MMM.\BOYNTON\CORRESPOIRUM_708.L TR
STATE OF FLORIDA
DEPARTMENT OF COMMUNITY AFFAIRS
"Helping Floridians create safe, vibrant, sustainable communities"
LAWTON CHILES
Governor
JAMES F, MURLEY
JUN 2 9 1998
June 26, 1998
Mr, Michael Rumpf, Acting Director
Planning and Zoning Department
City of Boynton Beach
100 E. Boynton Beach Blvd,
Boynton Beach, FL. 33425-0310
Re: ADA-I074-059: Boynton Beach Mall Development of Regional Impacts
(DR!) Notice of Proposed Change
Dear Mr. Rumpf:
The Department has received a Notification of Proposed Change (NOPC) to the Boynton
Beach Mall DR!, The request was received from Mr, Thomas A. Marsicano, authorized
representative of the Boynton Beach Mall DR!, on May 14, 1998,
The request contained a proposed modification to the Development Order extending the
build-out date for the DR! from December 31, 1991 to December 31,2000, a total of nine
years,
Pursuant to Section 380,06(19)(c), Florida Statutes (F,S,), the proposed modification to the
Development Order is presumed to create a substantial deviation, However, the applicant
has rebutted the presumption by providing clear and convincing evidence that no additional
regional impacts would result form the proposed modification,
flORIDA KEYS
Area of Critical State Concern Field Office
2796 Overseas Highway, Suite 212
Marathon, Florida 33050-2227
2555 SHUMARD OAK BOULEVARD. TALLAHASSEE, FLORIDA 32399-2100
Phone: 850.488.8466/Suncom 278,8466 FAX: 850.921 .0781/Suncom 291.0781
I nternet add ress: http://www.state.fl.us/comaff/dca.htm I
GREEN SWAMP
Area of Critical State Concern Field Office
155 East Summerlin
Bartow, Florida 33830-4641
SOUTH flORIDA RECOVERY OFFICE
P.O. Box 4022
8600 NW. 361h Street
Miami, Florida 33159-4022
Mr, Michael Rumpf
Boynton Beach Mall DR!
June 26, 1998
Page Two
If you have any questions or require further assistance in this matter, please contact Roger
Wilburn, Community Program Administrator, or Talal M, Benothman, Planner IV, at (850)
487-4545,
~~~.~
Charles Gauthier, AICP
Growth Management Administrator
CG/tbo
cc: Mr, James Snyder, TCRPC
Mr, Thomas A. Marsicano
1-
June 19, 1998
CI03658,OO
URS Greiner, Inc.
PO. Box 31646 (33631-3416)
7650 W. Courtney Campbell Causeway
Tampa, Florida 33607-1462
Telephone: (813) 286-1711
Facsimile: (813) 287-8591
Offices in Principal Cities Nationwide
URS Greiner
ri::-~-g ~ "if-TI ~1 ~ ~~:"
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FLORIDA #AA C000901
FLORIDA #LC C000234
Mr. Michael Rumpf
Planning and Zoning Dept,
City of Boynton Beach
100 E. Boynton Beach Blvd.
Boynton Beach, FL 33425
Re: Boynton Beach Mall Development Of Regional Impact - Development Order Amendment
Dear Mr. Rumpf,
We have reviewed the June 15, 1998, letter from the Treasure Coast Regional Planning Council
regarding the above topic with the mall's owner, Simon DeBartolo Group, and have received their
approval and agreement with the proposed changes to the Development Order.
We would appreciate your assistance in scheduling this matter for final hearing as soon as possible.
Please contact us as soon as the dates have been set. We would also request an opportunity to review
the proposed amendment resolution as soon as it is available,
We appreciate the City's and the Region's cooperation in expediting this review. If you have any
questions or need any additional information to complete this process please call me.
Sincerely,
URS Greiner, Inc.
~
Thomas A. Marsicano
Vice President
xc: Tim Daly - Attachment
Jim Snyder, TCRPC
M:\BOYNTON\CORRESPOIRUMP619.98
treQlure
co~t
regional
planning
council
\.J~ir.. :;-~ ~~L!llli
" ....l '
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. PLANNING AN!)
ZONiNG OEPT.
June 15, 1998
Mr. Michael Rumpf, Acting Director
Planning and Zoning Department
City of Boynton Beach
100 E. Boynton Beach Boulevard
P.O, Box 310
Boynton Beach, FL 33425-0310
Subject: Boynton Beach Mall Development of Regional Impact
Dear Mr, Rumpf:
In accordance with the requirements of Section 380,06(19), Florida Statutes (F.S,), we have reviewed
the "Notification of a Proposed Change to a Previously Approved Development of Regional Impact
(DRI)" (NOPC) for the Boynton Beach Mall DRI dated May 13, 1998,
The applicant proposes to extend the buildout date for the Boynton Beach Mall from December 31,
1991 to December 31,2000. The proposed change is presumed to be a substantial deviation pursuant
to Section 380.06(19)(c), F,S, Council has reviewed the information provided by the applicant and
has determined that the change will not create any additional regional impacts that would require
substantial deviation review, However, Council recommends that the development order be revised
as follows:
1) The following development order language should be added, "The project buildout date shall be
December 31, 2000,"
2) Condition 13 of Resolution 96-26 should be revised as follows, "No additional building permits
shall b~ issued after December 31, 2000, unless a traffic study has been conducted and submitted
and reviewed pursuant to Section 380.06(19), Florida Statutes. The proposed traffic study
methodology should be submitted to Treasure Coast Regional Planning Council, Florida
Department of Transportation, Palm Beach County and the City for review and approval prior to
the traffic study being conducted by the applicant to ensure that proper standards are being
applied."
Please transmit a certified copy of any Development Order amendment adopted pursuant to this
notification of proposed change.
301 east ocean boulevard
suite 300
stuart, Florida 34994
phone (561) 221-4060
sc 269-4060 Fax (561) 221-4067
Mr. Michael Rumpf, Acting Director
June 15, 1998
Page 2,
Please call if you have any questions,
Sincerel'r ~
~T.snYder
DR! Coordinator
cc: Nelia Coyle, TCRPC Chairman
Roger Wilburn, FDCA
Thomas A. Marsicano, Applicant
C.( L
/ '
The City of
Boynton Beach
100 E. Boynton Beach Boulevard
P,O, Box 310
Boynton Beach, Florida 33425-0310
Office of the City Attorney
(561) 375-6050
FAX: (561) 375-6054
[D)Ew-~t!.
lJl]~~~9,=.-lj i
PLA""r u'"
ZOr~,i~; i\j'{3' '6 F f-;'i'~
May 28, 1998
Thomas E. Sliney, Esq.
Hodgson Russ Andrews Woods & Goodyear, LLP
2000 Glades Road
Suite 400
Boca Raton, Florida 33431-8599
VIA FACSIMILE ONLY
(561) 394-3862
Re: Bovnton Beach MalllRestrictive Covenant
Dear Tom:
This is in response to your letter dated April 28, 1998, in which you posed some
questions pertaining to the above matter. I have discussed each of your questions with
members of the Planning Division for the City and respond as follows:
1. Is there an expiration date for the site plan approval that my clients obtained with
the parking deck?
At the present time, the site plan for the project does not include a parking deck.
The site plan containing the parking deck was replaced by the existing site plan.
According to Mike Rumpf in the Planning Division, the expiration date for the
existing site plan is one (1) year from the date of approval.
2. Does the recently issue parking variance approval which reduced the parking
ratio to 4,5 have any effect on the prior site plan (which included the parking
deck) ? That is, hypothetically, could my client still go ahead with the original
plan with the parking deck?
The recently issued parking variance approval reducing the parking ratio has no
effect on the site plan containing the parking deck. Said site plan has been
replaced by a new site plan. Further, approval of the parking variance was
recommended by the Planning and Development Board and granted by the City
Commission after each board was presented with facts and infromation indicating
"An Equal Opportunity/ Affirmative Action/ADA Employer"
Boynton Beach Mall
Thomas E. Sliney
May 28,1998
Page 2
that there would be no parking deck. Because there was no parking deck on the
site plan was, I believe, the reason the applicant requested the variance. Based on
the above, your client is not permitted to go ahead with the initial plan for a
parking deck under the existing site plan.
3. Does the reduced 4.5 parking ratio variance have any time limitation?
The parking variance time limit coincides with that of the site plan it was
approved under - thus, one (1) year. A copy of Chapter 4, Section 5 of the City
of Boynton Beach Code of Ordinances is attached.
Should you have any questions, please do not hesitate to contact me.
Yours very truly
~ .
MICHAEL J. P LCZ
Assistant City Attorney
Encl.
ca\develop\boynton beach mal1\sliney letter I
cc: Bulent Kastarlak, Director of Development
Mike Rumpf, Acting Director of Planning and Zoning
Boynton Beach, Florida Code of Ordinances
Section 5.
Expiration of site plan.
Upon approval of a site plan by the City Commission, the applicant shall have (1) year to
secure a building permit from the development department. If an applicant fails to secure a
building permit in that time, all previous approvals shall become null and void, and the applicant
will be required to submit a new site plan and application; provided, however, a clearing permit
shall not constitute a building permit plan for site plan review purposes. At its discretion, the
City Commission may extend the approval of a site plan for a one-year period, provided a
request for extension is filed prior to the expiration of the one-year period. In granting such
extensions the City Commission may impose additional conditions to conform the site plan to
current development standards.
CODyright (c) 1995. American Legal Publishina CorDoration
- J
URS Greiner
URS Greiner, Inc.
P.O. Box 31646 (33631-3416)
7650 W. Courtney Campbell Causeway
Tampa, Florida 33607-1462
Telephone: (813) 286-1711,cgO,)
Facsimile (813) 287-8591 ( ;).i(rb-S87
Offices in Principal Cities Nationwide
May 13, 1998
FLORIDA #AA C000901
FLORIDA #LC C000234
Ms. Tambri Heyden
City of Boynton Beach
100 East Boynton Beach Boulevard
Boynton Beach, FL 33425
00 ~M:Y ~:I:~I@
PLANNING AND
ZONING DEPT.
Re: Boynton Beach Mall -
Notice Of Proposed Change To A Previously Approved Development Of Regional Impact
Dear Ms. Heyden:
In accordance with our recent discussions we are transmitting herewith two copies of the above
referenced application. The application is to extend tt..e time for completion of the proposed mall
expansion to December 31, 2000. This revised date is consistent with the completion date included in
the March, 1998 traffic study for Boynton Beach Mall, A copy of the study which was approved by the
County April 9, 1998 is included in Appendix B of the application.
Copies of this application are also being transmitted today to the ~a.sure Coast Regional Planning
Council and the Florida Department of Community Affairs. As set forth in Section 380.06(19)(f)(3)
and(4), Florida Statutes,-we understand that the review process will be as follows:
---::~'---'....-
.---
No sooner than OQ . day~but no later than 45 days after submittal the City will give 15 days'
: <-,7\:\ notice and schedule-a public hearing to consider the change.
1-. ,~..
'1-'--~ ~'.' ~~
" ....;1.ft->^ ~ · The appropriate regional planning agency or the state land planning agency shall review the
,Jl ~_ \.)\~~'\" change and no later than 45 days after submittal, and prior to the public hearing, shall advise
.--I-c .'f-:~"'~ lY\ the local government in writing whether it objects to the proposed change, This time may
j..,~'J be extended by the developer.
· The public hearing shall be held within 90 days after submittal of the proposed change,
unless that time is extended by the developer,
In addition to the normal scheduling outlined above, it is understood that the City will continue to review
plans, issue all necessary permits applied for prior to or during the NOpe review, and allow
commencement of improvements prior to completion of the NOPC process,
..l?4:z
]
I\...,. ~ V' t
Our client, Simon DeBartolo Group Inc" will be forwarding the review fee deposits of $500.00 to the
City Of Boynton Beach and $2,500,00 to the Treasure Coast Regional Planning Council under separate
cover. r would appreciate being notified if there is any delay in the receipt of fees or of any other matter
that may delay the processing and approval of this application.
MM:M:\BOYNTONICORRESPOIHEY _513.98
-1-
URSGreiner
Ms. Tambri Heyden
May 13, 1998
Page Two
We appreciate the cooperation of the City and the Region in agreeing to review this application in
parallel with our plan submittals and will be available to respond to any questions you may have on a
priority basis.
If you have any questions regarding any of the information included herewith please call me,
Sincerely,
URS Greiner, Inc.
c~~L-~~~
Thomas A. Marsicano
Vice President
TAM:mm
Enclosure
xc: Tim Daly
Jim Snyder, TCRPC
Roger Wilburn, DCA
MM:M:\BOYNTON\CORRESPOIHEY _513.98
05/13/98 WED 08:14 FAX
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7650 W, Courtney Campbcfl Causeway
Tamra, FL 33607 146~
Telephone: (8131286,1711
faL (813) 287,8591. 71h Floor
18131287.8229, 6th Floor
18131286-6587, 5th Floor
Fax It: 6~1') ~15 ~~5
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PLANNING AND
ZONING DEPT.
Department of Engineering
and Public Works
P.O. Box 21229
West Palm Beach, FL 33416-1229
(561) 684-4000
http://www.co.palm-beach.fI.us
.
Palm Beach County
Board of County
Commissioners
Burt Aaronson, Chairman
Maude Ford Lee. Vice Chair
Karen T. Marcus
(
""7
Carol A. Roberts
Warren H. Newell
Mary McCarty
Ken L. Foster
County Administrator
Robert Weisman, P.E.
"An Equal Opportunity
Affirmative Action Employer"
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PlANNIfl:G AND
ZONING OEPT.
April 9, 1998
Ms. Tambri Heyden, Director
Boynton Beach Planning and Zoning Department
100 E. Boynton Beach Boulevard
P.O. Box 310
Boynton Beach, FL 33425-0310
RE: BOYNTON BEACH MALL
Dear Ms. Heyden:
The Palm Beach County Traffic Division has reviewed the traffic impact
study for the project entitled Boynton Beach Mall, pursuant to the
Traffic Performance Standards in Article 15 of the Palm Beach County
Land Development Code. The project will increase the size of the mall
from 1,108,000 s uare feet to.J ,244,449 square feet. The project will
generate 2,428 additional net daily trips. The build-out is 2000,
The Traffic Division has determined that the project meets the
requirements of the Palm Beach County Traffic Performance Standards.
If you have any questions regarding this determination, please contact
me at 684-4030.
Sincerely,
OFFICE OF THE COUNTY ENGINEER
&.-.- ~~
Dan Weisberg, P,E.
Senior Registered Civil Engineer
cc: Thomas Marsicano, URS Greiner
File: Mun - TPS - Traffic Study Review
g:\user\dweisber\wp50\tps\boyn58b - TAZ 481
April 8, 1998
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Mr. James Snyder
Treasure Coast Regional Planning Council
30 I East Ocean Blvd., Suite 300
Stuart, FL 34994
Re: Build-Out Date of Boynton Beach Mall, Boynton Beach, FL
Dear Mr. Snyder:
Thank you for reminding Tambri Heyden and I about the build-out date of the Boynton Beach Mall and
its' significance with respect to the regional transportation network.
The last stmcture to be built at the Mall is the Dillard's Department Store scheduled for construction start
in April 1998. The build-out of the Mall is therefore scheduled for late 1999. .K
I recognize that the current Development Order for the Mall needs to be extended beyond 1997. ~,\jJ ~
Extending the Development Order and the build-out date however will not result in any change on thp~
number of parking spaces or the floor area of the Mall. Therefore it i~ f)QU~.~~~S~~!),u!QIJP_~'!t~t~e o~i;al\
traffic study, as it will not have any bearing on the parking capacity or circulation plan of the MafCu,--,-~.
I will welcome your having an update of the network impact analysis made for the year 2000 and beyond.
Of course this impact will be generated by sources external to the Mall and will continue to increase
beyond the build-out date for many years.
I will initiate an administrative step to update the build-out date in the Development Order and will keep
you informed.
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Sincerely,
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Bulent I. Kastarlak
Director of Development
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Thomas A. Marsicano. URS Greiner, Inc.
Tambri Heyden, Planning & Zoning Administrator
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America's Gateway to the Gulfstream
100 East Boynton Beach Blvd.. P,O, Box 310 Boynton Beach. Florida 33425-0310 Phone: (561) 375.6371 Fax: (561) 375.6357