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APPLICATION . -- PROJECT NAME: W ALMART LOCATION: NW CORNER OF WINCHESTER PARK BLVD AND BOYNTON BEACH BLVD, COMPUTER In: W ALMART\NWSP PERMIT #: I FILE NO,: NWSP 99-003 I TYPE OF APPLICATION: NEW SITE PLAN AGENT/CONTACT PERSON: OWNER/APPLICANT: KEVIN M. ROBERSON W ALMART STORES (JOHN BRAY) KIMLEY-HORN AND ASSOCIATES PHONE: 501-273-4000 PHONE: 407-562-7981 FAX: 501-273-4107 FAX: 407-562-9689 ADDRESS:W ALMART STORES EAST ADDRESS: 601 21ST, SUITE 400 INC. VERO BEACH, FL 32960 2001 SE 10TH STREET BENTONVILLE, AR 72712-6489 Date of submittalIProiected meetinl! dates: SUBMITTAL / RESUBMITTAL 2/25/99 1 ST REVIEW COMMENTS DUE: 3/12/99 PUBLIC NOTICE: TRC MEETING: 4/6/99 PROJECTED RESUBMITTAL DATE: 4/6/99 ACTUAL RESUBMITTAL DATE: 2ND REVIEW COMMENTS DUE: LAND DEVELOPMENT SIGNS POSTED (SITE PLANS): PLANNING & DEVELOPMENT BOARD 4/27/99 MEETING: CITY COMMISSION MEETING: 5/4/99 COMMENTS: S:\FORMS\PROJECT TRACKING INFO Department of Engineering and Public Works Po. Box 21229 West Palm Beach. FL 33416-1229 (561) 684-4000 wwwco.palm-beach.fl.us . Palm Beach County Board of County Commissioners Maude Ford Lee, Chair warrep H. Newell. Vice Chairman Karen T Marcus Carol A. Roberts Mary McCarty Burt Aaronson Tony MasHotti County Administrator Robert Weisman ~An Equal Opportumty Affirmative Action Employer" @ printed on recycled paper ~- frnlrJL&." j? " '-. fEB - I 2ni'i , " :" , , January 27, 2000 ..; hr~'D PEPT. Michael Rumph Planning & Zoning Manager City of Boynton Beach 100 E. Boynton Beach Blvd, Boynton Beach, FL 33435 RE: PUBLIC FACILITIES AGREEMENT FOR WAL-MART STORES EAST, INC. I BOYNTON BEACH STORE Dear Mr. Rumph: Please find enclosed a copy of an executed Public Facilities Agreement with Wal-Mart Stores. This store is located within the City of Boynton Beach between Knuth Road and Winchester Park Boulevard, This Public Facilities Agreement addresses the requirement of Wal-Mart Stores to meet Palm Beach County's Traffic Performance Standards, As can be seen in Section 5 of the Agreement, it is intended that "conditions of approval in the local Development Order issued by the City of Boynton Beach shall include conditions that phase the Project to the improvements and schedules listed herein," It is requested that you coordinate with this office to ensure that the phasing conditions of this Public Facilities Agreement are adhered to, Your cooperation and assistance is appreciated, Sincerely, OFFI~gNEER Charles R. Walker, P,E. Director - Traffic Division CRWsb Attachment pc: George T. Webb, P,E" County Engineer Omelio A. Fernandez, P,E" Director - Roadway Production Division File: SID - Wal-Mart Stores East, Inc, F:\clW\WatMartPFAboynt R 20 0 0 0 0 3 3 JAN 112m. PUBLIC FACILITIES AGREEMENT '4:GREEMENT (" A_n i, mm1. ond ~_""o ._vo u of tlre / /~ day of 'i1r""'-~1Z , 1999, between WAL-MART STORES EAST, INC., an Arkansas corporation ("Wal-Mart") and PALM BEACH COUNTY, a political subdivision of the State ofFlorida ("County"), RECITALS WHEREAS, Wal-Mart is the contract purchaser of certain real property, as more particularly described on Exhibit "A" attached hereto and made a part hereof, located in the City of Boynton Beach on which it intends to construct a retail Supercenter for which it has obtained site plan approval from the City of Boynton Beach ("Project"), WHEREAS, Wal-Mart submitted a Traffic Impact Analysis to the County prepared by Kimley-Horn & Associates, Inc. ("Traffic Impact Analysis"), which meets Countywide Traffic Performance Standards ("TPS") with the phasing of the development program to the commencement of certain improvements as more specifically identified herein, WHEREAS, in order to ensure that certain improvements will be constructed, Wal-Mart is required to execute a Public Facilities Agreement prior to the County issuing a Municipal Concurrency Letter to the City of Boynton Beach to ensure compliance with TPS, WHEREAS, by entering into this Agreement for purposes of ensuring the construction of certain improvements in order to meet the requirements of the TPS, the County and WaJ- Mart agree that this does not waive any rights the County may have to object to or challenge a Comprehensive Plan amendment or development order relating to the development of the Property if the FTL,413397;4 I t?otNrO"; (Oqt,rL :tf"21.F'7 development of the Property as proposed by Wal-Mart would result in an increase in density or intensity over that currently authorized by the County's Comprehensive Plan, NOW, THEREFORE, for and in consideration of these premises, the mutual understanding and conditions contained and assumed herein, the receipt and sufficiency of which are hereby acknowledged, Wal-Mart and the County hereby covenant and agree as follows: I. The above recitals are true and correct and incorporated herein. 2, Wal-Mart shall have the choice of posting either a bond or a letter of credit ("Performance Security") to secure funding and construction of the improvements identified in Paragraph 4 below as Wal-Mart's obligations ("Wal-Mart Road Improvements"). Wal-Mart's obligations for the Wal-Mart Road Improvements shall include, but not be limited to, the cost of plan and document preparation, right-of-way acquisition, survey, design, permitting, bidding and awarding of contract(s), all construction costs, and staff and outside costs incurred in completing the Road Improvements, To ensure the faithful performance of the construction of the Wal-Mart Road Improvements Wal-Mart agrees to the following: a. For purposes of funding and constructing the Wal-Mart Road Improvements, Wal-Mart shall provide the County, within six (6) months from the issuance of a development order for the Project by the City of Boynton Beach or at least ten (10) days prior to commencement of the Wal-Mart Road Improvements, whichever event occurs first, a Performance Security in the amount of 110% of the certified Engineer's cost estimate for the Wal-Mart Road Improvements, as approved by the County Engineer, The County shall be authorized to draw against the Performance Security in any amount necessary to finish the construction of the Wal-Mart Road Improvements or make payments to all persons identified in Florida Statutes Section 713.01 should Wal-Mart default on the payment and/or performance of the Wal-Mart Road Improvements, County shall give Wal-Mart thirty (30) days advanced written notice of its intention to draw funds against the Performance Security, Prior to the FTl:413397:4 f3tJt,v7tW !Ja,cft Ft..., #L7/rt 2 expiration of the thirty (30) day notice, Wal-Mart shall retain the right to pay to County all funds requested to be drawn from the Performance Secwity, Upon receipt of payment from Wal-Mart within thirty (30) days after the notice, County agrees not to draw upon the Performance Security, b, Wal-Mart hereby agrees to indemnify, defend and save County harmless against any and all claims, demands, actions, suits, proceedings, judgements, liabilities, losses and expenses of any kind or nature, including litigation costs and attorney's fees, whether for injury to person or damage to property, including, but not limited to, wrongful death or impairment of any property interest arising out of or connected with the performance of this Agreement by Wal-Mart or the negligence, whether by act or omission ofWal-Mart, its agents, employees, contractor, licensees, and invitees, pertaining to the construction of the Wal-Mart Road Improvements unless claims, demands, actions, suits, proceedings, judgements, liabilities, losses and expenses of any kind or nature arose prior to Wal-Mart assuming responsibility for the construction of the Wal-Mart Road Improvements or is the result of, or due to, the County's negligence. c, To ensure the faithful performance of the construction of the Wal-Mart Road Improvements and to indemnify and hold harmless the County from any and all damages, either directly or indirectly, arising out of any failure to perform same, the general contractor selected by Wal-Mart will be required to execute and deliver a payment and performance bond satisfactory to the County equal to one hundred percent (100%) of the contract price ten (10) days prior to the commencement of construction, The bond shall be issued by a company authorized to do business in the State of Florida and having a current valid certificate of authority issued by the United States Department of Treasury under Sections 31 USC 9304-9308, Such bond shall be made on forms acceptable to the County, The contractor shall verify at the time of execution of the construction contract acceptability of the surety provided thereunder, Such bond will not be accepted unless the surety is a surety company authorized by law to do business in the State of Florida and satisfactory to the County, FTL,413397,4 3 t;>PipJl"OjJ ~~{f, r:-L_ :p?. 7lF 7 3, In the event that another private party commences construction of the Wal-Mart Road Improvements, prior to the time in which the construction of the Road Improvements commences pursuant to this Agreement, Wal-Mart's Performance Security shall be promptly returned by the County within thirty (30) days of the commencement of the construction by the other private party, 4, The issuance of building permit(s) and certificates(s) of occupancy for the Project shall be phased to the following improvements: a, Building permits in excess of 83,000 square feet of general commercial retail use shall not be issued until the award of a contract by the County for the widening of Lawrence Road between Gateway Boulevard and Hypoluxo Road from two (2) lanes to five (5) lanes. The Lawrence Road Improvement ("Lawrence Road Improvement") is separate from and is not a Wal-Mart obligation, b, Building permits in excess of 144,900 square feet of general commercial retail use shall not be issued until the commencement of construction by Wal-Mart of the widening of Boynton Beach Boulevard between Jog Road and the existing six (6) lane section east ofEl Clair Ranch Road from four (4) lanes divided to six (6) lanes divided ("Boynton Beach Road Improvements") and the design and modification to the traffic signal at EI Clair Ranch Road and Jog Road. The Boynton Beach Road Improvements are part of the Wal-Mart Road Improvements, c, Building permits in excess of 176,000 square feet of general commercial retail use shall not be issued until the commencement of construction by Wal-Mart of the westbound right turn lane on Old Boynton Road at its intersection with e Congress Avenue ("Old Boynton Road Westbound Turn Lane"). The Old Boynton Road Westbound Turn Lane is part of the Wal-Mart Road Improvements, FTL:413397:4 4 ~'t)./Tl:>W t>.rltj{ Ft.-, -;/ 2. 717 d, A certificate of occupancy shall not be issued until Wal-Mart has completed the construction of an eastbound right turn lane at the Project's Old Boynton Road access ("Old Boynton Road Eastbound Turn Lane"), The Old Boynton Road Eastbound Turn Lane is part of the Wal-Mart Road Improvements, Additionally, the County has requested, and Wal-Mart agrees, that Wal-Mart shall also design, at Wal-Mart's sole expense, a right turn lane from eastbound Boynton Beach Boulevard to southbound El Clair Ranch Road ("Additional Turn Lane Improvement"), Wal-Mart's obligation for the Additional Turn Lane Improvement is limited to the design of the Additional Turn Lane Improvement. The construction and completion of the Additional Turn Lane Improvement is separate from and not a part ofWal-Mart's Road Improvements, In the event Wal-Mart has not completed its contemplated retail Supercenter Project within thirty-six (36) months of the Effective Date, as defined in Paragraph 12 below, of this Agreement then Wal-Mart may be subject to additional obligations to meet TPS standards. 5, Wal-Mart shall be responsible for ensuring that the conditions of approval in the local Development Order issued by the City of Boynton Beach shall include conditions that phase the Project to the improvements and schedules listed herein. 6. The County shall issue a Municipal Concurrency Letter to the City of Boynton Beach informing the City that the Property meets TPS within ten (10) days after the Effective Date (as defined in Paragraph 12) of this Agreement. 7, The provisions ofthis Agreement may not be amended, supplemented, waived or changed orally, but only in writing signed by all parties to this Agreement, 5 FTl,413397'4 iJ:;'t#~N /)C7Icr-f, PI- 41-78? 8, All of the terms and provisions of this Agreement are binding upon, inure to the benefit of, and are enforceable by the parties and their respective administrators, executors, legal representatives, heirs, successors and assigns (collectively "Parties"), 9, All notices required to be given under this Agreement shall be in writing and deemed sufficient to each Party when sent by United States Mail, postage prepaid to the following: As to the County: George T. Webb, P,E, County Engineer Governmental Center 301 N, Olive Ave., Suite 1105 West Palm Beach, FL 33401 With a copy to: Palm Beach County P.O, Box 21229 160 Australian Ave, West Palm Beach, FL 33416 Attn: Charles R, Walker As to the City: As to Wal-Mart: City of Boynton Beach Wal-Mart Stores East, Inc, 100 E, Boynton Beach Blvd, 2001 S.E, 10th Street P,O, Box 310 Bentonville, AR 72712-6489 Boynton Beach, FL 33425-0310 Attn: Legal Department Attn: City Manager With a copy to: With a copy to: City of Boynton Beach Susan p, Motley, Esq, 100 E. Boynton Beach Blvd, Ruden, McClosky et al, P,O, Box 310 P.O, Box 1900 Boynton Beach, FL 33425-0310 Ft Lauderdale, FL 33302 Attn: City Attorney 10, This Agreement shall be construed by and governed by the laws of the State of Florida, Any and all legal action necessary to enforce this Agreement shall be held in Palm Beach County. No remedy conferred upon any Party is intended to be exclusive; any other remedy, and each and every such remedy shall be cumulative and shall be in addition to every other remedy given hereunder or now or hereafter existing at law or in equity or by statute or otherwise, No single or partial exercise by any Party of any right, power, or remedy hereunder shall preclude any other or further exercise t11ereof, 11. In the event that any section, paragraph, sentence, clause, or provision hereof is held invalid by a court of competent jurisdiction, such holding shall not affect the remaining portions of this Agreement and the same shall remain in full force and effect. FTl:413397:4 6 ~'flJro)J eetc H I F c-, If' "--7! , 12. This Agreement shall take effect immediately upon execution by the parties ("Effective Date") and shall remain in effect until such time as the Agreement is terminated by one or both parties, following the adoption of a resolution for that purpose. The Party seeking to terminate shall provide thirty (30) days written notice to the other before adopting said resolution, In the event Wal-Mart provides written notice to the County that it has decided not to commence construction of the Project, the County shall promptly return Wal-Mart's Performance Security within thirty (30) days of receipt of such written notice and this Agreement shall be null and void, 13. Wal-Mart shall be entitled to a credit against Palm Beach County road impact fees assessed against the Project in accordance with County ordinances. Wal-Mart agrees that the credit against road impact fees for the design and survey costs for the Boynton Beach Road Improvements shall be limited to one hundred four thousand dollars ($104,000), 14, This Agreement represents the entire understanding between the Parties and supersedes all other negotiations, representations, or agreements, either written or oral, relating to this Agreement. 15, County's failure to enforce any provision of this agreement shall not be considered a waiver of the right to later enforce that or any other provision in this agreement. 16, This Agreement shall be recorded in the Public Records of Palm Beach County, Florida, 17. This Agreement is valid and enforceable. Only the Parties to the Agreement have standing to enforce this Agreement. 18. This Agreement may be executed in two (2) or more counterparts, each of which shall be deemed an original, all of which together shall constitute one (1) and the same instrument, 7 FTl,413397,4 jJo'l;.l~,J i)c7r: If I FL, :;{ 2- ? ! 'f 8 FTl'41339N f!py TP,iI *7rcf(.rL #- 2..7 r7 .' 19, The parties will each promptly notify the other of any citizen complaint, claim, suit, or cause of action threatened or commenced against it which arises out of or relates, in any manner, to the performance of this Agreement. 20, The Parties expressly covenant and agree that in the event either Party is in default of its obligations under this Agreement, the Party not in default shall provide to the defaulting party thirty (30) days written notice before exercising any of its rights, 21, The preparation of this Agreement has been a joint effort of the Parties, and the resulting document shall not, solely as a matter of judicial constraint, be construed more severely against one of the Parties than the other. 22, This Agreement is not intended to supersede or replace the codes, ordinances, rules or regulations of either party pertaining to review of Development Applications or Concurrency Review. Nor shall this Agreement be construed to limit either Party's authority with respect to review of Development Applications or Concurrency Review, 23, Any costs or expenses (including reasonable attorney's fees) associated with the enforcement of the terms and conditions of this Agreement shall be borne by the respective parties; provided, however, that this clause pertains only to the Parties to this Agreement. IN WITNESS WHEREOF, the undersigned have hereunto set their hand and seals the day and year first above written, COUNTY: PALM BEACH COUNTY, FLORIDA BY ITS BOARD OF COUNTY COMMISSIONERS ATTEST: Dorothy H. Wilken FTL:413397:4 8 ~ ;-p # />e7rcf(. FL ~ 2..7 i-? J~. e.. ~. "'''''''''\\\\\ Ii "'\N lY \'\11, ~ '7 J -.P By: _ ....~ -...,.cO""t By: An "" - 7AYd tr_ D tyCI k = \.),' ". :J!I~ Ch' epU er fflJ.. ..." WI a~ \''4~ aIr ffo: ~~\. "'10..< ...~~; .' . -, 'C.lH ~Cli, COUNTY i~PROVEDASTOFORMAND \~'" f'tORID!\ ...:S--'1:GAL SUFFICIENCY '\0 ".., ",:'0,ff ~ t2 a Ilfl t.? ....~..~... <:;'0':- I A1i -LL, 11",\\\\\\"t,,,~,,,,,,,,$ Byv/f vat. A ( . ('A / ssistant County Attorney JAN t t zooa R2000 0033 WAL- -/~~ [ CV~ Witness ' -z;::. , f 7 If": CI!-IJI3b P%~~~11sS . JWfi?~vf / ' ~ P'fn~ ~e ~i.!n-hj:s ~ By J. ray Its: As s t Vice President ofRe e STATE OF ARKANSAS COUNTYOF &~ I HEREBY CERTIFY that on this day, before me, an officer duly authorized in the State aforesaid and in the County aforesaid to take acknowledgments, the foregoing instrument was acknowledged before me by J, ROBERT BRAY, as Assistant Vice President of Real Estate ofWal- Mart Stores East, Inc" freely and voluntarily under authority duly vested in him by said corporation and that the seal affixed thereto is the true corporate seal of said corporation. He is personally known to me or who has produced as identification, FTL,413397;4 9 I1orrp~ ~ff, FL. -It 2 7;'1 . ' WITNl}SS my hand and official seal in the County and State last aforesaid this ~ day of Il~ ,1999. '" ~~.~ No Public U k'aR.I"II -no ~~'1 Printed Name ofN My Commission Expires: ID- 3tJ-:/601j-' "NOTARY SEAL" Karen 0, Milligan. Notary Public Washington County. State of Arkansas My Commission Expires 10/30/2008 FTL:413397:4 10 @ofmv ~,PL.th-7N '.I. fTY OF BOYNTON BEACH, FLORI, . PLANNING & ZONING DIVISION SITE PLAN REVIEW APPLICATION FOR NEW SITE PLANS & MAJOR MODI FICA TIONS TO EXISTING SITE Application Acceptance Date: ~ ~\L J Fee paid:" /...>?l:1. "'--"Receipt Number: //~:J?.:::>- This application must be filled out completely, accurately and submitted as an original to the Planning and Zoning Department. TWELVE COMPLETE. sequentially numbered, ASSEMBLED AND STAPLED sets of plans including a recent survey and appropriate fee shall be submitted with the application for the initial process of the Site Plan Review procedure, AN INCOMPLETE SUBMITTAL WILL NOT BE PROCESSED, Please print legibly (in ink) or type all information, I. GENERAL INFORMATION 1, Project Name: W"'_M,,rt Hnyntnn 1'1",,,,...11 (F.), FL Store 'it 27Sg-00 2, Applicant's name (person or business entity in whose name this application is made): Address: J. Robert Bray, Asst, Vice President of Real Wal-Mart Stores East lnc, 2001 SR ln~h Str~pt. Rpntnn'Til1~ Estate Phone: 501-273-4000 Fax: 501-273-4107 ~R 727] 2-64flg (Zip Code) 3, Agent's Name (person, if any, representing applicant): Address: (Zip Code) Phone: Fax: 4, Property Owner's (or Trustee's) Name: Address: See Attached Exhibit D (Zip Code) Phone: Fax: 5, Correspondence to be mailed to agent only; if no agent, then to applicant unless a substitute is specified below:" Kimley_Hnrn rlnn A~~nr.i~~p-s. Tnr. r./n Kp.vin M Rnhpr~nn P F. fi01 ?1.:::r St-rppr <::11; t-P 4on. Vprn RAt=Jrh. li'T ~?Qhn "This is the one address to which all agendas, letters and other materials will be mailed, 6, What is applicant's interest in the premises affected? (owner, buyer, lessee, builder, developer, contract purchaser, etc,) Contract Purchaser 'l 7, '."t Street aaaress or lor- 'on of site: NW corner of Winer - 'ter Park Boulevard and Boynton aach Boulevard 8, Property Control #: See attached Exhi hi t r. Legal description of site: See attached Exhibit" II I> B 9, Intendeduse(s)ofs.te: Commercial Develooment / Retail 10, Developer or Builder: Wal-Mart Stores East, Inc. 11, Architect: Boice-Raidl-Rhea Architects, lnc, 12, Landscape Architect: Urban Resource Group, a division of Kimley-Horn & Ass 13, Site Planner: Kimley-Horn and Associates, lnc, 14, Engineer: Kimlev-Horn and Associates, lnc, 15. Surveyor: Am~ri ("":=In ~11 r"~yi ng rnmpriny of Tampa. Inc. 16, Traffic Engineer: Ki m1 py-Horn and 1I<:<:o"i at."". In". 17, Has a site plan been previously approved by the City Commission for this property? NO 18, Estimated construction costs of proposed improvements shown on this site plan: aoorox. $12,000.000 on-site only II. SITE DATA The following information must be filled out below and must appear. where applicable, on all copies of the site plan, 1, 2, 3, 4, Land Use Cateaory shown in the Comprehensive Plan LRjC Zonina District C-3 (Prooosed) Area of Site 42,01 acres 1.829,847 Land Use -- Acreaae Breakdown sq, fj, a, Residential, including surrounding lot area of grounds acres % of site b, Recreation Areas * (excluding water area) acres % of site c, Water Area g, Public, Private and Canal rights-of-way acres % of site acres 100 % of site acres % of site acres % of site acres % of site acres % of site d, Commercial 42.01 e, Industrial f, Public/Institutional h, Other (specify) Planning and Zoning Department . Rev 3/18/97 IICHIMAI NIS H ROA T A IPLANN INGISHAREo\WPIFORMSIAPPSWWSPISITEPLAN, WPD ',} . I. j, Other (specify) acres % of site Total area of site 42.01 acres 100 % of site . including open space suitable for outdoor recreation, and having a minimum dimension of 50 ft, by 50 ft, 5, Surface Cover a, b, Ground floor building 5.045 acres 12 area ("building footprint") % of site Water area 5,14 acres 12.24 % of site c, Other impervious areas, including paved area of public & private streets, paved area of parking lots & driveways (excluding landscaped areas), and sidewalks, patios, decks, and athletic courts, 14 . 8 acres 35 % of site d, e, f, Total impervious area 24. 98acres 59,5 % of site Landscaped area .72 acres 1. 7 % of site inside of parking lots (20 sq,ft, per interior parking space required - see Sec, 7,5-35(g) of Landscape Code), Other landscaped areas,~ acres 1. 1 % of site g, Other pervious areas, including golf course, natural areas, yards, and swales, but excluding water areas is. e.:.l acres ..l7..:..L % of site h, Total pervious areas 1 7 .01.acres 40.5 % of site i. Total area of site42. 01 acres 100 % of site 6, Floor Area a, Residential sq', ft, Commercial/Office 219,750 sq, ft, IndustriallWarehouse sq, ft, Recreational sq, ft, Public/Institutional sq, ft, Other (specify) sq, ft, Other (specify) sq, ft, Total floor area 219,750 sq, ft, b, c, d, e, f, g, h, Planning and Zoning Department - Rev, 3/18/97 IICHIMAINISHRDA TAIPLANNINGISHAREDlWPIFORMSIAPPSINWSPISITEPLAN,WPD , '.I. fTY OF BOYNTON BEACH, FLORI , PLANNING & ZONING DIVISION SITE PLAN REVIEW APPLICATION FOR NEW SITE PLANS & MAJOR MODIFICATIONS TO EXISTING SITE 11(') CtlllC '~~L ') Application Acceptance Date: ~ ~, Fee paid$'/S~"-""'ReceiPt Number: //~J?D- This application must be filled out completely, accurately and submitted as an original to the Planning and Zoning Department. TWELVE COMPLETE, sequentially numbered, ASSEMBLED AND STAPLED sets of plans including a recent survey and appropriate fee shall be submitted with the application for the initial process of the Site Plan Review procedure, AN INCOMPLETE SUBMITTAL WILL NOT BE PROCESSED, Please print legibly (in ink) or type all information, I. GENERAL INFORMATION 1, Project Name: W"l-M"..r R....ynrrm R""c'h (F.) FL Store * 2789-00 2, Applicant's name (person or business entity in whose name this application is made): Address: J. Robert Bray, Asst, Vice President of Real Estate Wal-Mart Stores East lnc, 7001 SR 10th ~~r~pt. R~n~nnvil1p Phone: 501-273-4000 Fax: 501-273-4107 AR 727] 2-04R9 (Zip Code) 3, Agent's Name (person, if any, representing applicant): Address: (Zip Code) Phone: Fax: 4, Property Owner's (or Trustee's) Name: Address: See Attached Exhibit D (Zip Code) Phone: Fax: 5, Correspondence to be mailed to agent only; if no agent, then to applicant unless a substitute is specified below:" Kimlp-y Horn nnn Aq~n~i~tP-~# Tn~ r/n Kp-vin M. Rnnpr~nn. P F nO 1 ? 1 Rr Sf- y/::::opr Rl1 it p 40n. Vprn Rpr\(""n FT. 1?Q';() "This is the one address to which all agendas, letters and other materials will be mailed, 6, What is applicant's interest in the premises affected? (owner, buyer, lessee, builder, developer contract purchaser, etc,) Contract Purchaser ':\ Street aaaress or lor' 'on of site: NW corner of Winer 'ter Park Boulevard and Boynton dach Boulevard 'l 7 8, PropertyContral#: See attached Exhihit C Legal description of site: See attached Exhibits A & B g, Intended use(s) of s,te: Commercial Develooment / Retai 1 10, Developer or Builder: Wal-Mart Stores East, Inc. 11, Architect: Boice-Raidl-Rhea Architects, Inc, 12, Landscape Architect: Urban Resource Group, a division of Kimley-Horn & Ass 13, Site Planner: Kimley-Horn and Associates, Inc. 14, Engineer: Kimley-Horn and Associates, Inc, 15. Surveyor: Amer.r-; r'rln Sl11"""p,yi ng ~()mpnny of Tampa. Tnr. 16, Traffic Engineer: Kimlp.y-H()rn "nd Ass()ci"tes, Tn"'. 17, Has a site plan been previously approved by the City Commission for this property? NO 18, Estimated construction costs of proposed improvements shown on this site plan: approx, $12.000,000 on-site only II. SITE DATA The following information must be filled out below and must appear, where applicable, on all copies of the site plan. 1, 2, 3, 4, Land Use CateGory shown in the Comprehensive Plan LR/C ZoninG District C-3 (Proposed) Area of Site 42.01 acres 1. 829,847 Land Use -- AcreaGe Breakdown sq, ft, a, Residential, including surrounding lot area of grounds acres % of site g, Public, Private and Canal rights-af-way acres % of site acres % of site acres 100 % of site acres % of site acres % of site acres % of site acres % of site b, Recreation Areas' (excluding water area) c, Water Area d, Commercial 42.01 e. Industrial f, Publidlnstitutional h, Other (specify) Planning and Zoning Department - Rev, 3/18/97 IICHIMAI NIS H RDA T A IPLANN INGISHARE OIWPIFORMSIAPPSINWSPISITEPLAN WPD ',} . l. Other (specify) acres % of site j, Total area of site 42,01 acres 100 % of site . including open space suitable for outdoor recreation, and having a minimum dimension of 50 ft, by 50 ft, 5, Surface Cover f. a, Ground floor building 5.045 acres 12 area ("building footprint") % of site b, 5.14 acres 12,24 % of site Water area c, Other impervious areas, including paved area of public & private streets, paved area of parking lots & driveways (excluding landscaped areas), and sidewalks, patios. decks, and athletic courts, 14.8acres 35 % of site d, Total impervious area 24. 98acres 59.5 % of site e, Landscaped area . 72 acres 1. 7 % of site inside of parking lots (20 sq,ft, per interior parking space required - see Sec, 7,5-35(g) of Landscape Code), Other landscaped areas,~ acres 1, 1 % of site g, Other pervious areas, including golf course, natural areas, yards, and swales, but excluding water areas lS,e3 acres 2-7~% of site h, Total pervious areas 1 7.01. acres 40.5 % of site i. Total area of site4 2,01 acres 100 % of site 6, Floor Area b, c, d, e, f, g, h, a, Residential sq', ft, Commercial/Office 219,750 sq, ft, IndustriallWarehouse sq, ft, Recreational sq, ft, Publicllnstitutional sq, ft, Other (specify) sq, ft, Other (specify) sq, ft, Total floor area 219,750 sq, ft, Planning and Zoning Department - Rev, 3/18/97 IICHIMAINISHROA T A IPLANNINGISHAREOIWPIFORMSIAPPSINWSPISITEPLAN, WPO " " i,; Number of Residential DWf- q Units a, Single-family detached sq, ft, b, Duplex sq, ft, c, Multi-Family (3 + attached dwelling units) (1) Efficiency dwelling units (2) " Bedroom dwelling units (3) 2 Bedroom dwelling units (4) 3+ Bedroom dwelling units d, Total multi-family dwelling units e, Total number of dwelling units 8, Gross Densitv N/A dwelling units per acre 9, 10, Maximum heiQht of structures on site 29 1 stories feet Required off-street parkina a, Calculation of required number of off-street parking spaces b, Off-street parking spaces provided on site plan 1099 1126 Planning and Zoning Department - Rev, 3/18/97 IICHIMAINISHRDA T AIPLANN1NGISHAREDlWPlFORMS\APPSINWSPISITEPLAN, WPD 111.. CERTIFICATION (I) (We) understand that this application and all papers and plans submitted herewith become a ' part of the permanent records of the Planning and Zoning Department (I) CNe) hereby certify that the above statements and any statements or showings in any papers or plans submitted herewith are true tf_t:!, best 0 (my) (our) OWledge and belief, This application will not be accepted unless signed a~h_ to e i . s belo Signature 0 Authoriz a corpo ti M.l1t I., Date IV, AUTHORIZATION OF AGENT Signature of Authorized Agent Date (I) CNe) hereby designate the above signed person as (my) (our) authorized agent in regard to this application, Date Signature of Owner(s) or Trustee, or Authorized Principal if property is owned by a corporation or other business entity, SPACE BELOW THIS LINE FOR OFFICE USE ONLY Review Schedule: Date Received Technical Review Committee Planning & Development Board Community Appearance Board City Commission Date Date Date Date Stipulations of Final Approval: Other Government Agencies/Persons to be contacted: Additional Remarks: Planning and Zoning Department - Rev, 3/18/97 IICHIMAINISHRDA TAIPLANNINGISHAREDIWPIFORMSIAPPS\NWSPISITEPLAN,WPD RIDER TO SITE PLAN APPLlCATI( The undersigned as applicant for Final Site Plan Approval does hereby acknowledge, represent and agree that all plans, specifications, drawings, engineering, and other data submitted with this applic'ltion for review by the City of Boynton Beach shall be reviewed by the various boards, commissions, staff personnel and other parties designated, appointed or employed by the City of Boynton Beach, and any such party reviewing the same shall rely upon the accuracy thereof, and any change in any item submitted shall be deemed material and substantial The undersigned hereby agrees that all plan:;, specifications, drawings, engineering and other data which may be approved by the City of Boynton Beach, or its boards, commissions, staff or designees shall be constructed in strict compliance with the form in which they are approved, and any change to the same shall be deemed material and shall place the applicant in violation of this application and all approvals and permits which may be granted, The applicant agrees to allow the City of Boynton Beach all rights and remedies as provided for by the applicable codes and ordinances of the City of Boynton Beach to bring any violation into compliance, and the applicant shall indemnity, reimburse and save the City of Boynton Beach harmless from any cost, expense, claim, liability or any action which may arise due to their enforcement of the same, ACKNOWLEDGED AND AGREED TO this Witness 47'\.. Il... A, M,'EL€Y ~~~~ Witness Planning and Zoning Department - Rev, 3/18/97 I\cHIMAINISHROATA\PLANNINGISHAREOIWPIFORMSIAPPSWWSPISITEPLAN,WPD EXHIBIT A, Page 10f2 Legal Description of Area 1 - 32.37 acres Property within the City of Boynton Beach, Florida to be rezonedfrom AG to C-3, That portion of the following property lying West of WINCHESTER PARK BOULEVARD: Lot A and Lot B, Block 4, lying North of North Right-of-Way line of State Road No, 804 and Lot A and Lot B, Block 5, lying North of the North Right-of-Way line of State Road No, 804, PALM BEACH FARMS COMPANY PLAT NO, 8, according to the Plat thereof, recorded in Plat Book 5, Page 73: of the Public Records of Palm Beach County, Florida; TOGETHER WITH: THAT PORTION OF THE FOLLOWING PROPERlY LYING WEST OF WINCHESTER PARK BOULEVARD: The South 320 feet of Tract 42 of the SUBDIVISION OF SE V. SECTION 19, TOWNSHIP 45 SOUTH, RANGE 43 EAST, according to the Plat thereof, recorded in Plat Book 7, Page 19 of the Public Records of Palm Beach County, Florida; TOGETHER WITH: Tracts 45, 46, 49 and 50, of the SUBDIVISION OF SE V. SECTION 19, TOWNSHIP 45 SOUTH, RANGE 43 EAST, according to the Plat thereof, recorded in Plat Book 7, Page 19, of the Public Records of Palm Beach County, Florida, and also described as the E Yo of S Yo of W Yo of SE V. of Section 19, Township 45 South, Range 43 East, LESS the North 20 feet of Tract 45 and 46 for road Right-of-Way; TOGETHER WITII: THAT PORTION OF THE FOLLOWING PROPERlY LYING WEST OF WINCHESTER PARK BOULEVARD: Tracts 43 and 44 of the SUBDIVISION OF SE V. SECTION 19, TOWNSHIP 45 SOUTH, RANGE 43 EAST, according to the Plat thereof, recorded in Plat Book 7, Page 19, of the Public Records of Palm Beach County, Florida; TOGETHER WITH: The 25 foot road as shown on the plat of PALM BEACH FARMS COMPANY PLAT NO, 8, according to the Plat thereof, recorded in Plat Book 5, Page 73, of the Public Records of Palm Beach County, Florida, lying directly South of and adjacent to the South line of Tracts 44, 50, and the 30 foot vacated road lying between said Tracts 44 and 50 of the SUBDIVISION OF SE V. OF SECTION 19, TOWNSHIP 45 SOUTII, RANGE 43 EAST, according to the Plat thereof, recorded in Plat Book 7, Page 19, of the Public Records of Palm Beach County, Florida, TOGETHER WITH: Tract 47, Less the North 20 feet thereoffor road Right-of-Way, of the SUBDIVISION OF SOUTHEAST V. OF SECTION 19, TOWNSHIP 45 SOUTH, RANGE 43 EAST, according to the Plat thereof, recorded in Plat Book 7, Page 19, ofthe.Public Records of Palm Beach County, Florida, TOGETHER WITH: The West 89,90 feet of the following described parcel: January 14, [999. KHA 04715379(01) \\DOGBERT\VOL I\PROJECTlCADD\IJOYNTON\WINCIISTR\sUR VEY\Exhibits.doc\dlb EXHlBIT A, Page 2 of2 A portion of Tract 42 of the SUBDIVISION OF SOUTHEAST Y. OF SECTION 19, TOWNSHIP 45 SOUTH, RANGE 43 EAST, according to the Plat thereof, recorded in Plat Book 7, Page 19, of the Public Records of Palm Beach County, Florida, LESS the South 320 feet and LESS the North 20 feet for road Right-of-Way and being more particularly described as follows: Commencing at the Northeast corner of said Lot 42; thence tun along the East line of said Lot 42 on an assumed bearing of S, 0 I 006'03" E" a distance of20 feet to a point of intersection of the South Right-of-Way of Old Boynton Road and the West Right-of-Way line of Winchester Park Boulevard as now exists, said point also being the PONT OF BEGINNING; thence continue S, 01006'03" E. along said West Right-Way of Winchester Park Boulevard a distance of243.08 feet; thence S, 89009'06" W" a distance 0007,55 feet to a point on the West line of said Lot 42; thence N, 01000'33" W, along the West line of said Lot 42, a distance of 124,60 feet; thence N, 89050'16" E" a distance of 139,90 feet; thence N, 0[000'33" W" a distance of 127.53 feet to a point on the said South Right-of-Way line of Old Boynton Road; thence N, 89050'16" E, along the South Right-of-Way line, a distance of 167,26 feet to the POINT OF BEGINNING, TOGETHER WITH: That certain 30 foot Right-of-Way, as vacated by Resolution No, R-76-802 recorded in Official Records Book 2586, Page 1378, lying between a portion of Blocks 4 and 5 of PALM BEACH FARMS COMPANY PLAT NO, 8, according to the Plat thereof, recorded in Plat Book 5, Page 73, of the Public Records of Palm Beach County, Florida, and that certain 30 foot road Right-of-Way lying in the SUBDIVISION OF SOUTHEAST 1/4 OF SECTION 19, TOWNSHIP 45 SOUTH, RANGE 43 EAST, according to the Plat thereof, recorded in Plat Book 7, Page 19, of the Public Records of Palm Beach County, Florida, all as more fully described as follows: BEGIN at the Northwest corner of Tract 42, as shown on the SUBDIVISION OF SOUTHEAST Y. OF SECTiON 19, TOWNSHIP 45 SOUTH, RANGE 43 EAST, according to the Plat thereof, recorded in Plat Book 7, Page 19, of the Public Records of Palm Beach County, Florida; thence Southerly, along the West line of Tract 42, a distance of 272.13 feet to the POINT OF BEGINNING of the parcel to be herein described; thence continue Southerly along the West line of Tracts 42,43, and 44, as shown on said Plat, to a point in the South line of said Section 19; thence Westerly along said South line, a distance 000 feet; thence Northerly, along the East line of Tracts 50, 49, and 45, as shown on the aforesaid Plat, to a point of273,67 feet South of the South Right-of-Way of Old Boynton Road, a 40 foot road shown on the said Plat of Section 19; thence Easterly, a distance of30,O feet to the POINT OF BEGINNING, LESS and not including the South 20 feet thereof; LESS that portion thereoflying within the Lake Worth Drainage District Canal L-24 Right-of-Way; AND BEGINNING at the Northwest comer of Block 4, as shown on the PALM BEACH FARMS COMPANY PLAT NO, 8, as recorded in Plat Book 5, Page 73, of the Public Records of Palm Beach County, Florida; thence Southerly, along the West line of said Block 4, a distance of251 feet, more or less, to the North Right-of-Way line of Florida State Road No, 804 (West Boynton Road) as presently laid out and in use; thence Westerly along said Right-of-Way line, a distance of 30 feet; thence Northerly, along the East line of Block 5, as shown on the aforementioned Plat to the Northeast corner of Block 5; thence Easterly, a distance 000 feet to the POINT OF BEGINNING, LESS and not including the North 35 feet thereof; LESS that portion thereof lying within the Lake Worth Drainage District Canal L-24 Right-of-Way. (Balance of property depicted on Exhibit C) hnuM)' 14, 199<). KII" O-l715J79{Ol) \IDOGIJER lWQL IWROJEC1'\CADD\BOYNTON\WINCHSTR\SUR VEY\EKhilJiIS.doc\dll> EXHIDIT B, Page 1 of 1 Legal Description of Area 2 - 9,64 acres Property to be annexed into the City of Boynton Beach, Florido, for Land Use Change from Palm Beach County CH-Commercial Heavy to City of Boynton Beach LR/C, and rezoningfrom Palm Beach County AR to City of Boynton Beach C-3, Tract 51, of the SUBDIVISION OF SOUTHEAST Y. OF SECTION 19, TOWNSHIP 45 SOUTH, RANGE 43 EAST, according to the Plat thereof, recorded in Plat Book 7, Page 19, of the Public Records of Palm Beach County, Florida, TOGETHER WITH; Tract 52, of the SUBDIVISION OF SOUTHEAST Y. SECTION 19, TOWNSHIP 45 SOUTH, RANGE 43 EAST, according to the Plat thereof, recorded in Plat Book 7, Page 19, of the Public Records of Palm Beach County, Florida, Also described as the South II, of the Southwest Y. of the Southwest Y. of the Southeast ';' of SECTION 19, TOWNSHIP 45 SOUTH, RANGE 43 EAST, LESS the West 15 feet thereof; and LESS that portion thereoflying within the Lake Worth Drainage District Canal L-24 Right-of-Way, (noted as Tracts 51 and 52, and as "Limit of Property to be Annexed" on Exhibit C) Jauuary 14, ]999, KHA04715J79(Ol) \\OOG8ERnVOL J\PROJECTlCADD\OOYNTON\WINCHSTR\SUR VEY\Exhibil5 doc\dlb S~~t b~IRUDEtj M~CLUSKY 18FL F~b-22-a~ e4;54~~ r~o~ 9547644996~5613756259 ~!l9~ RUDEN MCCLOSKY SMITH SCHUSTER & RUSSELL, RA. 200 E^ST DROWARL'J aOULfVARD fORT tAUDER.DAlE. HORIDA 33301 POST OFFICE BOX 19<10 FO!!.' I-^\JDERD^t~r nOftlDrI\ 33302 (954) 527.2412 FAAj (<)541333.",01,& SPIl.1@I(UDEN.COM A I (I II ~j l )' A] l.... W FACSIMILE COVER SHEET ; 10) ;f'w' (!.,.":' ! UL, FEB 2 220'l'ln I i' t'(;AND -, ,:OEPT. DATE: February 22, 2000 FROM: Suaau P. Motley FILE NO.: 19583-0049 Boynton Beacb N liMBER OF PAGES: '-7 (Including this Cover Page) If there are any problems or complication,!, please notify us imme.diately at (954) 764-6660, TO: Michael Rumpf (561) 742-6259 COMPANY: FAX NO.: COMMENTS: Pursuant to your telephone call today, attached is the latest version of 'I the Design Guidelines (oriainally fand to you JUly 27, 1999). Please let us know if you, need any additional information, I I I i 11iIl lNfOl\MA nON CONT AlNl'D IN THIS FACSIMILE MESSAOE lS A rrol\NEY fRlVIlEOEP AND CONPIDENTIAL INFORMATION INTENDED ONLY FOR THE USE or Tl<F lNDlVrnUAL OR ENTITY NAMED ABOVE, If THE READER OP THIS MESSAGE IS Nor THE INTENDED REClPIENr, YOU ARE HEREBY NOTIFIED THAT ANY DISSEMINATIOl';, DlSTlUBUTlON 01\ copy or TillS COMMUNICATION IS STRlCTW PIlOHIJlITED, IF YOU HAVE RECEIVED THIS COMMIJNICATION IN ERROR, Pl.EASE IMMEDIATELY NOTIPY US BY TELEmONE (If LONG DJSIANCE, PLEASE CALL COLLECl) AND RETUR.>; THE IjRI(JINAL Ml'SSAGIi '10 US AI THE ABOVE ADDRESS VIA TIlE U,S, POSTAL SERVICE, THANK YOu HueS7s,,1 Ht;6~g"(,"!:1 I", ' , /i, In ! ~J ~=~ ,- <, Kimley-Horn and Associates, Inc, February 25, 1999 KHA 04715379 (02), 72,1217 RE: Wal*Mart-Boynton Beach (E), Florida Store# 2789-00. New SC Winchester Site Engineer's Certification To Whom It May Concern: I, Kevin M, Roberson, hereby acknowledge that the proposed drainage system for the above referenced project will conform with all applicable water quality standards, or minimum design and performance standards, as required by the state ofForida and local jurisdictional requirements, including but not limited to, Chapter 6, Article IV, Section 5 of the City of Boynton Beach Land Development Regulations, Signature: ~ WI- evin M, Roberson, P,E, / # 52D7q FL P,E, No, Date: ~(?~/'79' . TEL 561 562 7981 FAX 561 562 9689 . Suite 400 60121'I51,ee1 Vera Beach, Florida 32960 ~ <' ~=n Kimley-Horn and Associates, Inc, TRAFFIC IMPACT ANALYSIS WAL*MART SUPERCENTER BOYNTON BEACH, FLORlDA Prepared for: Wal*Mart Stores, Inc. Bentonville, Arkansas '- 047153,79 February 1999 <0 Kimley-Hom and Associates. [nc. ~=n Kimley-Horn and Associates, Inc, TABLE OF CONTENTS SECTION PAGE INTRODUCTION ................,..,.,......,...., 1 INVENTORY AND PLANNING DATA, , , , " .". . , . , , , , , , , , " 2 Inventory .....,...........,..........,........, 2 Planning Data """,.""""""""."'".,,., 2 PROJECT TRAFFIC , , , , , , , , , . . . , . , , , , , , , , , , , . , , , , , , , , " 4 Traffic Generation, , , , , , , ' , ' , , , ' , , , , , . , . , , , , . , ' , , " 4 Traffic Distribution , , , , , , ' , ' , , , ' , ' . . . . . ' , , , . , ' , , , " 4 TrafficAssignment ..".""""""."""",','" 6 BACKGROUND TRAFFIC "",.",.""""""."".,., 7 ASSURED CONSTRUCTION . , , , ' , , , , , , , ' , , . , , , . . , , , . , . , " 8 LINKEVALUATION ..""""",."""",.,..,..,"" 9 Test 1 , . .. , . .. . .. .. .. .. .. .. . .. , . . .. .. . . .. .. .. .. 9 Alternate Test 1 ."""""".,...,..".",.,',.,. 9 Test 2 , . . , , . , , , , . , , , , , , , , , , , . . . , . . . , . , , , , , , , , . , 14 DRNEW A Y CLASSIFICATION AND TURN LANE REQUIREMENTS , 15 Driveway Classification , , , ' , , , , , . . . . , . , , , , . , , , , , , , , , 15 Turn Lane Requirements """",.,."""",..'.," 15 CONCLUSION ' , , , ' , ' , , , . , ' , , ' , ' , , , ' , ' , , , , , ' , , , , . . , , , ' 17 APPENDIX 04715379.Q299 Page i n___~~__.._-_._-- ~=n Kimley-Horn and Associates, Ine, LIST OF FIGURES Bgure No. Ii1IB eng~ 1 Site Location Map '""""""""""",." 3 2 Significant Impact Daily Link Analysis , , , , , , , , ' , . , , , 12 3 Peak Hour Site Access Traffic, , , , , ' , . ' , , , , , , , , , , , 17 LIST OF TABLES Table No_ Ii1IB ~ 1 Trip Generation . .. .. . .. . , .. .. .. , . .. .. .. .. '" 5 2 Average Daily Traffic Link Analysis (Test 1) , , , , , , . . , . 10 3 Average Peale Hour Traffic Link Analysis , , , , , , , , , , , . 11 4 Alternate Test 1 Analysis. , , , , , . , ' , , . . . , , , . , , , , . 13 04715379-0299 Page ii ~=n Kimley-Horn and Associates, Inc, INTRODUCTION A Wal*Mart Supercenter is proposed to be located west of Winchester Park Boulevard between Boynton Beach Boulevard and Old Boynton Road in Boynton Beach, Florida, The proposed site plan consists of 220,000 square feet of general commercial retail. Kimley-Hom and Associates, lne, was retained to prepare a traffic impact analysis for the project. This document presents the methodology used and the fmdings of these analyses, The traffic impact analysis was conducted in accordance with the Traffic Performance Standards of Palm Beach County, The analysis used current data available from Palm Beach County, The buildout year for the proposed development is 2000. 04715379-0299 Page I ~=n Kimley-Horn and Associates, Inc, INVENTORY AND PLANNING DA T A Inventory The data used in this analysis were obtained from Palm Beach County, They included: · 1998 24-hour traffic volumes · 1997 and 1998 intersection turning movement counts . Roadway geometries . Approved development traffic . Historic count data The location of the site is shown in Figure 1. Planning Data Access to the development will be provided through two full access driveways on Winchester Park Boulevard and one full access driveway on Old Boynton Road, The two driveways on Winchester Park Boulevard are located at existing median openings, 04715379-0299 Page 2 ... I I LANTANA RD. ~CE N AV, ,..J ~ HYPOLUXQ RD, ~ W " << > ci r ~ << ,. ci ~ << ~ w ~ << w <:> r << <:> ;;;; w <:> i< '> U % % 0 or w U << <:> " 5' I ::s MINER RD. ) '" J 11/ ~ ~U o " ~ . ~ r--/ GATEWAY' BLVD. ci '" <:> o , " ~ 1J f4:uv ~ ~ '" % .:l " <:> r..; OLD BOYNTON RD. SITE t BOYNTON eEAcH BLVD. J '; L.-,j 'W-... "'\ WOOLBRIGHT RD. ci ~ :; or '" r ~ ~ ~ W W << <:> u w ;:i ~ ~ -- J " I GOlf RD. ~ tJ '" o C) ci << ~ PIPER'S CLEN BLVD. ~ ./ o ''- ..., g ~ ..., '<: .,. << :\ u iOf FlAYOR PleT RD. ~ ...... ci << " u ~ ~ '" A 11 - ~ iJ ) FIGURE 1 BOYNTON BEACH WAL-MART SITE LOCATION MAP NOT TO SCALE lI""l-n KimIey-Hom ~_u andAssodates,lnc, . OoC.7t53.79 '\"'~"'\- ~-.. .-,,_..... ~=~ Kimley-Horn and Associates, Inc, PROJECT TRAFFIC Traffic Generation The daily traffic generation for the development was based on trip generation rates published by Palm Beach County, Peak hour characteristics were based on information published in the Institute of Transportation Engineers' Trip Generation Report (6th Edition), Table 1 presents the proposed potential trip generation for the project site. Pass-by rates published by Palm Beach County were used in the analysis. Internalization was assumed to be zero, Traffic Distribution From a review of the existing and approved development in Palm Beach County and considering the arterial network with its travel time characteristics, the external traffic distribution was calculated, These were summarized by general directions and are depicted below: NORTII 30% SOUTII 30% EAST 15% WEST 25% 0471 5379..{)299 Page 4 ~=n Kimley-Horn and Associates, Inc, TABLE 1 W AL MART SUPERCENTER - BOYNTON BEACH TRIP GENERATION Land Use Intensity Daily AM Peak Hour PM Peak Hour Trips Total In Out Total In Out PrQPosed Site Traffic Commercial Retail 220,000 s,[, 11 ,568 256 156 100 1,057 507 550 Pass-By Traffic Commercial Retail 40,15% 1M.i 1m 2l 1Q ill. W- ID Net New External 6,923 153 93 60 633 303 329 Note: Trip generation was calculated using the following data: Daily Traffic Generation Commercial Retail [P,B.c.] ~ Ln(T) ~ 0,625 Ln(X) + 5,985 AM Peak Hour Traffic Generation Commercial Retail [ITE 820] = Ln(T) =0,596 Ln(X) + 2,329 (61% in, 39% out) PM Peak Hour Traffic Generation Commercial Retail [ITE 820] ~ Ln(T) = 0,660 Ln(X) + 3.403 (48% in, 52% out) p:lroblboynwin \{walnwrt.xbJtrip ...,gen 2//2/999;3Q ~=~ Kimley-Horn and Associates, Inc, Traffic Assignment The distributed external trips for the project in 2000 were assigned to the roadways within the radius of influence, both in terms of daily external trips and A,M, and P,M. peak hour volumes, Based on the net impact of the project, it was determined that the maximum radius of development influence for Test 1 of the traffic performance standards is three (3) miles, The maximum radius of development influence for Test 2 is two (2) miles. 04715379.0299 Page 6 ~=~ Kimley-Horn and Associates, Inc, BACKGROUND TRAFFIC Background traffic is comprised of two components: . Traffic from the unbuilt portions of approved major developments . Historical growth Major projects found in the Palm Beach County spreadsheet "Approved Development Traffic in West BoyntonlDelray Area" were included in the analysis. Trips from projects with a buildout later than 2000 were calculated through linear intelpolation, No other major projects would contribute greater than ten percent (10%) of the level of service standard on any link significantly impacted by the project during its buildout time frame. According to the requirements of the Traffic Performance Standards of Palm Beach County, existing traffic volumes were grown by factors determined by a review of growth data published by Palm Beach County. The total background traffic was determined for each link within the radius of influence by applying the growth rate through the buildout year and adding major project traffic, 04715379-0299 Page 7 \ ~=~ Kimley-Horn and Associates, Inc, ASSURED CONSTRUCTION The existing laneage for each link analyzed was identified, A review of the Five- Year Plans of Palm Beach County and FDOT, as well as those improvements committed by the developers of projects in the area was made to identity pertinent roadway improvements, The following roadway improvement is planned: . Lawrence Road from Boynton Beach Boulevard to Gateway Boulevard Widen to five lanes (construction to commence in FY 2000/2001) . Lawrence Road from Gateway Boulevard to Hypoluxo Road Widen to five lanes (construction to commence in FY 1998/1999) . Congress Avenue from Miner Road to Hypoluxo Road Widen to six lanes divided (construction to commence in FY 1997/1998) Q41tS379-0299 Page 8 04715379-0299 Page 9 ~=~ Kimley-Horn and Associates, Inc, LINK EVALUA TION Test 1 A link performance standard evaluation was undertaken for each link considering its total traffic volume and the roadway laneage to be in place in 2000, Project traffic and total traffic for 2000 are shown in Tables 2 and 3 for daily and average peak hour conditions, Figure 2 depicts the roadway links that are significantly impacted on a daily basis by project traffic, As can be seen, two of the roadway links upon which the project has significant impact fail to meet the daily level of service standard through 2000, Table 3 shows that the same two links fail to meet the average peak hour link standard for 2000, Alternate Test 1 The two links that failed to meet the daily and average peak hour standards were then analyzed for peak hour peak season conditions in order to determine if they would meet the Alternate Test 1. Table 4 shows the peak hour directional link volumes for these links, As can be seen from Table 4, Boynton Beach Boulevard from Jog Road to El Clair Ranch Road fails the peak hour link level of service standard, For the project to meet Palm Beach County's Traffic Performance Standards, Boynton Beach Boulevard from Jog Road to El Clair Ranch Road will have to be widened to six lanes divided, With this improvement in place, the project will meet the daily level of service standard through 2000, 04715379-0299 Page 9 ~=n =-~ . - . ~~] " . <:>.1:= ~;:$ ~ ... c ~~: r. · .' ,.- is e~ .... " i.i ~ t e ~ .. .. . '" tie Oi'e-E: :E..... ~ . g ~e o ~ ~ ...~l-' .. 51;; :i~ ..~ z:.~ .c .. ~~ H o~ t; ~ .." ~~~ ~~p~ ~,. ~-' ~~ ~~ '" !>i, 1fS~ .-''' iI . . . . .Ii . 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"= h ---.J J~ I y l.4EETS STANDARD N DOES NOT l.4EET STANDARD FIGURE 2 17% PERCENT Of TOTAL TRAffiC BOYNTON BEACH WAL-MART 1177 PROJECT TRAffiC SIGNIFICANT IMPACT (34.6351 TOTAL TR,l.ffIC DAIL Y LINK ANALYSIS ~-n Kimley-Hom 6LD LANE GEOMETRY _ IlIld Associates,lnc, . 041153.79 CJ=n Kimley-Horn and Associates, loc, - .' '" 'li ~ \; ~ " . . ~ 0 0 0 . . ~ ..... ~ >' >' >' >- ,.. "- "- ::go> II :< '" - . '" ~~ ;:: N ~ ~ ~ ~ ~ !. g ~ (2. <- ~ ~ .... " ~ N ~ <- M N .... N - . ~e ~ ~ '" Ie ~ ~ ~ ~ ~ N "'.... " c ilJ ,. ,. #. #. #. '/. #. ,. . g g g . "S 8 8 8 '" 8 " " - "' to '" ~ .,.; .,.; '" ~ ~ ~ ~ ~ .. a~e Q ~ :;j ~ iii'0"" ~ .., s ::g " " ~ ~ "'.... " ~ . Q e~ ~ ~ ~ ~ ~ ~ ~ .,. g ~ ~ Q ~ ~ ~ 3 ~ N ~~ '" .... :! :! ~ :1 . '" 'iil 1 " ,. "'''' #. #. #. #. '" #. ,. ~~ ~ " ~ ~ ~ .., .., ~ ~ ~ ~ N .... " <- N ., " ... ,.; ,.; '" '" '" .< '" ~ o~ "'~ ~ [ S' [ ~ '" ~ [ .. 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'" .. > -< ~ ~ > ~ <: . < . 0 . . ~ ~ 0 . - . ~ ~ s ~ if, . . 0 . < . . . t . ii ii ~ . . .. ii ii l;'E ~ " "' "' 0 . 0 0 s ~ ~ 0 B S 0 ~ ~ ~~ '" u u !O. ,g ,g '" u u " ,g ,g ii ~ ~ ~ <5 ;i. <5 '" o 'J.; ~ l; ----------- ~ ~ ~ i 1 > 'i 1 1 . --.---------- ~=n Kimley-Horn and Associates, Ine, In addition to the link level of service analysis, intersection critical volume analyses were also conducted for the intersections on Old Boynton Road and are included in the Appendix, Existing intersection volume data was provided by Palm Beach County at the two major intersections, The counts were adjusted to peak season (if necessary) and grown to the 2000 buildout year using the weighted average growth rate of the intersection approaches, The worksheets in the Appendix show the development of total 2000 intersection traffic, The two major intersections were then analyzed for adequate capacity during the A,M. and P ,M, peak hours, The critical volume analysis worksheets show that one intersection operates over the standard capacity of 1,400 vehicles, The intersection of Old Boynton Road and Congress Avenue exceeds the standard capacity by 10 vehicles during the PM peak hour, n,e intersection was reanalyzed with a westbound right-turn lane, With this improvement in place, the intersection critical volume will drop below the 1,400 vehicle capacity, The links that fail the daily link test therefore meet Alternate Test 1, with a westbound right-turn lane at the intersection of Old Boynton Road and Congress Avenue, Boynton Beach Boulevard from Jog Road to El Clair Ranch Road will meet Test I with the approved proposed expansion to six lanes divided, Test 2 The Model Test 2 indicates a radius of influence of two miles from the site, No roadway segments on the Test 2 failure list lie within the project's two miles of development influence, 04715379-0299 Page 14 ~=n Kimley-Horn and Associates, Inc, DRIVEWA Y CLASSIFICA TION AND TURN LANE REQUIREMENTS Driveway Classification According to the Palm Beach County "Guide Parking Lot and Street Access Design Criteria and Standards", it is necessary to classify project entrances as minor, intermediate, or major according to the following criteria: I, Minor - Provides for a maximum average daily traffic of 500. 2, Intermediate - Provides service for a maximum average daily traffic from 501 to 2,000, 3, Major - Provides service for a maximum average daily traffic greater than 2000, Using these criteria, the driveway on Old Boynton Road and the north driveway on Winchester Park Boulevard would be classified as major. The south driveway on Winchester Park Boulevard would be classified as minor. Turn Lane Requirements Figure 3 presents the proposed project AM and PM peak hour total volumes assigned to the project's access driveways, Consideration of these volumes with respect to the Palm Beach County access design standards results in the determination that a right-turn ingress lane will be required at the driveway on Old Boynton Road, Left-turn ingress lanes will be required at the north driveway on Winchester Park Boulevard and the driveway on Old Boynton Road, Both locations have existing left-turn lanes, 047\5379-0299 Page IS OLD BOYNTON RD. .. 20 (66) (76i-23-~'~ "if" "'''' ~ ~ :-. i i i i i 1 i i ! 1 1 ,..____.._.....J 1 i i ! i i i i ! L,___________..___.._.._______..___,__..____.._.._.._.._'! 1 i 1 i L.. @N CD'" -- 132391 SITE BOYNTON BEACH BLVD. .. ,- .. -- .. ..! ! j ! ~ i ti Lh__._U_..---_ul ~ ~i i -, CO; "', 178661- ~ I _ C1:16J :13 -4'-; :1 /51 /611_i ~ - /:14:11 44 ~I g :c; f '" : '" ! - i i _i 0: ""/ "'i "1 14631 (11) 2""! ~ (11)2~ '" i, a "" i i .. .. .. .. .. .. - .. .. _J ci ~ m " ~ '" ~ LEGEND ~ ~ j 23 AM PEAK HOUR VOLUME (76) PM PEAK HOUR VOLUME 132391 OAILY TRAffiC VOLUME NOT TO SCALE FIGURE 3 BOYNTON BEACH WAL-MART PEAK HOUR PROJECT TRAFFIC JII"'1_n Kimleyfiom ~_u andAssociales,lnc. . 047'153.79 .\.",..,....__,,__ ._n_,_ ~=n Kimley-Horn and Associates, Inc, CONCLUSION This traffic impact analysis shows that the proposed Wal*Mart Supercenter development meets Palm Beach County's Traffic Performance Standards with the phasing of the development program to the commencement of the right-turn lane construction at Old Boynton Road and Congress Avenue and the six-lane construction of Boynton Beach Boulevard from Jog Road to El Clair Ranch Road, The development activity of the project should be limited to no more than 5,922 net new daily trips (or approximately 176,000 square feet of building area) prior to commencement of the right-turn lane construction, Worksheets are included in the Appendix which show that the project meets Alternate Test I standards without the intersection improvement at up to 176,000 square feet. Development activity should be limited to no more than 5,183 net new daily trips (or approximately 144,900 square feet of building area) prior to commencement of the Boynton Beach Boulevard construction from Jog Road to El Clair Ranch Road, No phasing of development activity is necessary for the committed improvements on Lawrence Road from Boynton Beach Boulevard to Gateway Boulevard and Congress Avenue from Miner Road to Hypoluxo Road as these links would meet Test I standards without the improvements, However, development activity should be limited to no more than 3,575 daily trips (or approximately 83,000 square feet of building area) prior to commencement of the Lawrence Road construction from Gateway Boulevard to Hypoluxo Road, 04715379-0299 Pagc 17 ~=n Kimley-Horn and Associates, Inc, APPENDIX INTERSECTION ANALYSIS SHEET W AL MART SUPERCENTER - BOYNTON BEACH OLD BOYNTON ROAD @BOYNTON BEACH BOULEVARD (Existing Geometry) Growth Rate = Peak Season ~ Buildout Year = y ean; ~ 2.79% 1.11 2000 2 AM Peak Hour Intersection Volume Development Northbound Southbound Eastbound Westbound LT Thru RT LT Thru RT LT Thru RT LT 10ru RT Existing Votume (1998) 51 61 82 406 85 10 5 1060 40 147 917 179 Peak Season Volume 57 68 91 451 94 11 6 1,177 44 163 1,018 199 Background 60 72 96 476 100 12 6 1,243 47 172 1,075 210 Major Projects Traffic 0 0 0 0 0 0 0 0 0 0 0 0 % Project Traffic 1% 0% 0% 5% 0% 0% 0% 17% 1% 0% 17% 5% Direction in in out out out out out out out in in in Project Traffic 1 0 0 3 0 0 0 10 1 0 16 5 Total 61 72 96 479 100 12 6 1,253 48 172 1,091 215 Critical Volume Analysis No. ofLsnes 1 I I I <0 1 I 1 I <0 1 l 3 <0 I I 3 I 1 Approach Volume 229 591 1,307 1,478 Per Lane Volume 61 I 168 I nla 479 1121 nla 6 I 434 nla 172 r 364 r 215 North-SouUt Critical NB LT+SBTH- 173 SB LT+NBTH- 647 East-West Critical EB LT+WBTH- 370 WB LT+EBTH- 6% Maximum Critical Sum 647 + 606 - 1,253 STATUS? NEAR PM Peak Hour Intersection Volume Development Northhound Soutbhonnd Eastbound Westbound LT Thru RT LT Thru RT LT Thru RT LT Thru RT Existing Volume (1998) 91 121 71 274 94 20 22 912 66 122 1213 486 Peak Season Volume 101 134 79 3\)4 1\)4 22 24 1,012 73 135 1,346 539 Background 107 142 83 321 110 23 26 1,070 77 143 1,423 570 Major Projects Traffic 0 0 0 0 0 0 0 0 0 0 0 0 % Project Traffic 1% 0% 0% 5% 0% 0% 0% 17% 1% 0% 17% 5% Direction in in out out out out out out out in in in Project Traffic 3 0 0 16 0 0 0 56 3 0 52 15 Total 110 142 83 337 110 23 26 1,126 80 143 1,475 585 Critical Volume Analysis No. of Lanes 1 I I I <0 I I 1 I <0 I I 3 I <0 I I 3 I I Approach Volume 335 470 1,232 2,203 Per Lane Volume 110 I 225 I nla 337 1331 nla 26 I 402 I nla 143 I 492 I 585 North-South Critical NB LT+SBTH 243 SB LT+NBTH- 562 East-West Critical EB LT+WBTH 518 WB LT+EBTH 545 Maximum Critical Sum 562 + 545 - 1,107 I STATUS? Notes: UNDER p'lroblboynWl"I/_lmnrt.xlsjofd@bov ]/11/999JO INTERSECTION ANALYSIS SHEET W AL MART SUPERCENTER - BOYNTON BEACH OLD BOYNTON ROAD @ CONGRESS AVENUE (Existing Geometry) Growth Rate = Peak Season = Buildallt Year = y ears ~ 4.61% 1.06 2000 3 Middav Peak Hour Intersection Volume Development Northbound Southbound Eastbouud Westbound LT Tbrn RT LT Tbrn RT LT Tbru RT LT Tbrn RT Existing Volume (1997) 211 1027 59 196 985 109 131 145 161 41 156 190 Peak Season Volume 224 1,089 63 208 1,044 116 139 154 171 43 165 201 Background 256 1,246 72 238 1,195 132 159 176 195 50 189 231 Major Projects Traffic 0 0 0 0 0 0 0 0 0 0 0 0 % Project Traffic 10% 0% 0% 0% 0% 17% 17% 5% 10% 0% 5% 0% Direction in out out in in in out out out in in in Project Traffic 33 0 0 0 0 56 46 14 27 0 16 0 Toul 289 1,246 72 238 1,195 188 205 190 222 50 205 231 Critical Volume Analysis: No. of Lanes 1 I 3 I <0 1 I 3 I <0 1 I 1 I 1 1 2 I <0 Approacb Volume 1,607 1,621 617 486 Per Lane Volume 289 I 440 I nt. 238 I 461 I nt. 205 I 190 I 222 50 218 I nt. North-South Critical NB LT+SBTH- 750 SB LT+NBTH- 678 East-WeslCritica1 EB LT+WBTH- 423 WB LT+EBTH- 240 Maximum Critical Sum 750 + 423 = 1,173 STATUS? UNDER PM Peak Hour Intersection Volume Development Northbound Soulbboand Eastbound Westbound LT Tbrn RT LT Tbrn RT LT Tbru RT LT Tbrn RT Existing Volume (1997) 305 1539 80 196 1032 121 130 107 175 40 285 201 Peak Season Volume 323 1,631 85 208 1,094 128 138 113 186 42 302 213 Background 370 1,868 97 238 1,252 147 158 130 212 49 346 244 Major Projects Traffic 0 0 0 0 0 0 0 0 0 0 0 0 % Project Traffic 10% 0% 0% 0% 0% 17% 17% 5% 10% 0% 5% 0% Direction in out out in in in out out out in in in Project Traffic 30 0 0 0 0 52 56 16 33 0 15 0 Toul 400 1,868 97 238 1,252 199 214 146 245 49 361 244 Critical Volume Analysis No. of Lanes 1 T 3 I <0 I I 3 I <0 1 I I I I I I 2 I <0 Approach Volume 2,365 1,689 605 654 Per Lane Volume 400 T 655 -T nt. 238 T 484 T nt. 214 I 146 I 245 49 I 303 I nt. North-South Critical NB LT+SBTH- 884 SB LT+NBTH 893 East-West Critical EB LT+WBTH 517 WB LT+EBTH- 195 Maximum Critical Sum 893 + 517 - 1,410 I STATUS? Notes: OVER p "1robIboynwltll{walmpt1.xfsjold@con 1/J)1'J99.JO INTERSECTION ANALYSIS SHEET W AL MART SUPERCENTER - BOYNTON BEACH OLD BOYNTON ROAD laJ CONGRESS AVENUE (Proposed Geometry) Growth Rate = Peak Season = Buildout Year == Years = 4.61% l.06 2000 3 Midday Peak Hour Intersection Volume Development Northbound Southbound Eastbound Westbound LT Thru RT LT Thru RT LT Thru RT LT Thru RT Existing Volume (1997) 211 1027 59 196 985 109 131 145 161 41 156 190 Peak Season Volume 224 1,089 63 208 1,044 116 139 154 171 43 165 201 Background 256 1,246 72 238 1,195 132 159 176 195 50 189 231 Major Projects Traffic 0 0 0 0 0 0 0 0 0 0 0 0 % Project Traffic 10% 0% 0% 0% 0% 17% 17% 5% 10% 0% 5% 0% Direction in out out in in in out out out in in in Project Traffic 33 0 0 0 0 56 46 14 27 0 16 0 Total 289 1,246 72 238 1,195 188 205 190 222 50 205 231 Critical Volume Analysis No. of Lanes I I 3 I <0 1 I 3 I <0 I I I I I I I 2 I I Approach Volume 1,607 t,621 617 486 Per Lane V oIume 289 I 440 I n/a 238 I 461 I n/a 205 I 190 I 222 50 I 103 I 231 North-South Critical NB LT+SB TH- 750 SB LT+NBTH- 678 East-West Critical EB LT+WBTH- 308 WB LT+EBTH- 240 Maximum Critical Sum 750 + 308 = 1,058 STATUS? UNDER PM Peak Hour Intersection Volume Development Northbound SouthbOUIld Eastbound Westbound LT Thru RT LT Thru RT LT Thru RT LT Thrn RT Existing Volume (1997) 305 t539 80 196 1032 121 130 107 175 40 285 201 Peak Season Volume 323 1,631 85 208 1,094 128 138 1I3 186 42 302 213 Background 370 1,868 97 238 1,252 147 158 130 212 49 346 244 Major Projects Traffic 0 0 0 0 0 0 0 0 0 0 0 0 % Project Traffic 10% 0% 0% 0% 0% 17% 17% 5% 10% 0% 5% 0% Direction in out out in in in out out out in in in Project Traffic 30 0 0 0 0 52 56 16 33 0 15 0 Total 400 1,868 97 238 1,252 199 214 146 245 49 361 244 Critical Volume Analysis No. of Lanes I I 3 I <0 I I 3 1 <0 I I 1 I I I I 2 I I Approach Volume 2,365 1,689 605 654 Per Lane Volume 400 I 655 I n/a 238 I 484 I nla 214 I 146 I 245 49 I 181 I 244 North-South Critical NB LT+SBTH 884 SB LT+NBTH- 893 East~ West Critical EB LT+WBTH 395 WB LT+EBTH 195 Maximum Critical Sum 893 + 395 - 1,288 I STATUS? Notes: NEAR p:lrob\bo>",w"n\f_I,"Qrt,x/~JQld@con (1) lI}}/f)OO,JO TABLEt W AL MART SUPERCENTER - BOYNTON BEACH INTERSECTION IMPROVEMENT PHASING - TRlP GENERATION Land Use Intensity DaUy AM Peak Hour PM Peak Hour Trips Total In Out Total In Out Proposed Site Traffic Conunercial Retail 176,000 s.f. 10,062 224 137 87 912 438 474 Pass-Bv Traffic Conunercial Retail 41.14% ti4Q 22 2i. 12 ill 1SQ ill Net New External 5,922 132 81 51 537 258 279 Note: Trip generation was calculated using the following data: Daily Traffic Generation Conunercial Retail [P.B.C.] = Ln(T) = 0.625 Ln(X) + 5.985 AM Peak Hour Traffic Generation Conunercial Retail [ITE 820] = Ln(T) = 0.596 Ln{X) + 2.329 (61% in, 39% out) PM Peak Hour Traffic Generation Conunercial Retail (ITE 820] = Ln(T) = 0.660 Ln(X) + 3.403 (48% in, 52% out) p:lroblhoynwinl[wa/mart.xls]trlp ..,gen. 2112/999;38 .... ~~ ~ ~ 'fl ~ o ~ f ~ ~ ~ <>.. ... ..,.~{.:l ::If' alj~ el!<: ~~ ....~ ~ ~ '" :;!1i ~z 6 '" l2 g - ." ~ 41 ~ ~~-g <~ o'ae ~ ~ f ~........ ~E ... " " ...... -= 'Z fi ~ ... a :ue~ ~""~ f!l ~ ~ ~ B'Z '" ~*~ ~ " " ~"'.... o " " g ~~ ~ ~ ~ ~.... .. "f!! ~ffl~ ~~~ A ~:: .. ., :: "'..... o ~..: ,..lu:( ~ t'"' a:: -!~ E E ...l ~.Eo u ~E ~ e 1l'" . '" . .... . '" ;::::: ;;;; ~ N ~ ~ ,. 8 ".; ~ ~ ~ ~ ~ N ~ '$. ~ ~ ~ ~ ,lO oQ @:[ ~ .. ~ ~ ~ N '" '" ~ ~ ~ ~ ...l ...l N N 1 i "3 "3 . . '" '" -5 '8 ~ ~ '" '" c c . . ~ ~ '" '" . " 5 > -< ; 1l i2. II o . '" ~ ~ s ~ t-~ ~ ~ ~ "$. '" '" ".; :f!. '$. 8 8 ..0 ..0 '" ~ ~ .. ~ ~ ~ ~ '" ~ ~ "i ,. ~ ~ '"' @:[ ~ ~ ~ '" '" ~ ~ ~ ~ ~ ~ -g i2. i2. -5 '5 .L~ " " ";; ora o 0 Jii iii ~ j g g ] ~ ... ~ "'l:l "l:l R r: ~ ~ UEs~~ ~ ~ ~ .. "$. ~ ~ '"' 9 ~ . '" ~ ~ ~ . ~ ~ :! ~ '$. ~ 8 g on ....... ~ ~ ~ ~ ~ ~ ~ ~ .. ~ ~ ~ oci oi @:[ ~ ~ '" ~ ~ ~ c::; l 1 ] ] '" .. ~ -lJ II fi '" .. 6 6 ~ ~ '" '" I ~ t . '" .. <5 . o . ~ -< " . ~ ~ o 0 . 0 U U . " ,. . z '" '" ~ '" N N ~ !:: '$.. '$. 8 8 ..0 .0 '" ~ ~ '" ~ ~ ~ ~ 3 S '$. ~ ~ ~ ~ N ...; ...; @:[ ~ ~ "" ~ 3! e . . '" '" ~ ~ ~ 5 Q Q ...l ...l ~ ~ .. 1l ~ ;;. ~ ~ ~ ! ";;j :3 o u Ui W 1: . t " "E . . " .. > ~ -< " : -g ~ r: ~ !}. S e(I toO ~ .Q .Q .. ~ ~ :::J . ~ ~ ~ } I ~ i E :! , INTERSECTION ANALYSIS SHEET W AL MART SUPERCENTER - BOYNTON BEACH INTERSECTION IMPROVEMENT PHASING OLD BOYNTON ROAD @ CONGRESS AVENUE (Existing Geometry) Growth Rate = Peak Season ::::: Buildout Year = Years = 4.61% 1.06 2000 3 Midd~y Peak Hour Intersection Volume Development Northbound Southbound Eastbound Westbound LT Thru RT LT Thra RT LT Thru RT LT Thra RT Existing Volume (1997) 211 1027 59 196 985 109 131 145 161 41 156 190 Peak Season Volume 224 1,089 63 208 1,044 116 139 154 171 43 165 201 Background 256 1,246 72 238 1,195 132 159 176 195 50 189 231 Major Projects Traffic 0 0 0 0 0 0 0 0 0 0 0 0 % Project Traffic 10% 0% 0% 0% 00/. 17% 17% 5% 10% 0% 5% 0% Direction in out out in in in out out out in in in Project Traffic 28 0 0 0 0 48 40 12 23 0 14 0 Total 284 1,246 72 238 1,195 180 199 188 218 50 203 231 Critical Volume Analysis No. of Lanes 1 I 3 I <0 t T 3 T <0 I I 1 I I 1 I 2 <0 Approach Volume 1,602 1,613 605 484 Per Lane Volume 284 I 440 T n/a 238 T 459 r n/a 199 I 188 I 218 50 I 217 I n/a North-South Critical NB LT+SBTH 743 SB LT+NB TH 678 East-West Critical EB LT+WBTH 416 WB LT+EBTH 238 Maximum Critical Sum 743 + 416 - 1,159 c::: STATUS? UNDER PM Pe~k Hour Intersection Volume Development Northbound Soutbbound Eastbound Westbound LT Thru RT LT Thru RT LT Thru RT LT Thra RT Existing Volume (1997) 305 1539 80 196 1032 12\ \30 107 175 40 285 201 Peak: Season Volume 323 1,631 85 208 1,094 128 138 113 186 42 302 213 Ba<:kground 370 \,868 97 238 \,252 147 158 130 212 49 346 244 Major Projects Traffic 0 0 0 0 0 0 0 0 0 0 0 0 % Project Traffic 10% 0% 0% 0% 0'10 17% 17% 5% 10% 0% 5% 0% Direction in out out in ir. in out out out in in in Project Traffic 26 0 0 0 0 44 47 14 28 0 13 0 Total 396 1,868 97 238 1,252 t91 205 144 240 49 359 244 Critical Volume Analysis No. of Lanes I I 3 I <0 I I 3 I <0 \ I \ I 1 1 I 2 I <0 Approach Volume 2,361 1,681 589 652 Per Lane Volume 396 I 655 I n/a 238 T 481 T n/a .205 I 144 I 240 49 I 302 I n/a North-South Critical NB LT+SBTH 877 sa LT+NBTH 893 East-West Critical EB LT+WBTH 507 WB LT+EBTH- 193 Maximum Critical Sum 893 + 507 1,400 I STATUS? Notes: NEAR I p:lrablbo.........,,\[I+'aI"'DHJlljolJ@cotl lfI11999_~Q j J "-.... ", ( APR.,!1-1997 4:03PI97-128558 ORB 9742 P9 '367 , ..'-....,1111_- PREPARED BY AND RETURN TO: MICHAEL A. SCHROEDER, ESQ~ SCHROEDER AND LARCHE, P.A. One Boca Place, Suite 319A 2255 Glades Road Boca Raton, Florida 33431 DRAINAGE AND OFF SITE WATER RETENTION EASEMENT AGREEMENT This Drainage and Off Site Water Retentio~asement Agreement (the "Agrel=ment") is executed this J.J-...: dq.y 0 ~ ' . 1997, by Bill R. Winchester and Elsie A. Winchester (collectively referred to as "Winchester") and Boynton Beach Development Associates, a Florida general'PClrtnership (the "Partnership"). , R E C I TAL S: A. located Exhibit Winchester has sold to the Partnership certain land in Palm Beach County I Florida and legally described on "A" attached hereto (the "Partnership Property") . 'B. Winchester is the owner of land lying west of the Partnership Property, which land is described on Exhibit "B" attached hereto (the "Winchester Property"). In connection with the sale by Winchester of the Partnership Property to the Partnership, Winchester has agreed to grant to the Partnership a perpetual, non-exclusive easement for drainage and off site water retention over, across, under and through a portion of the Winchester Property (the "Easement Property"), which Easement Property is legally described on Exhibit "C" attached hereto. C. Winchester and the Partnership have agreed to enter into this Agreement. for purposes of granting the off site water retention easement and agreeing to certain other matters related thereto. 95-070/1025-005 Page 1 of 14 ~-_..,------ .-._._-_._.~- J- '---' ORB 9742 P9 368 NOW, THEREFORE, in consideration of Ten Dollars ($10.00) and other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, the parties agree as follows: 1. Recitals. correct. The Recitals set forth above are true and 2. Drainaae and Off Site Water Retention Easement. Winchester hereby grants to the Partnership, its successors and assigns, a perpetual non-exclusive' easement over, above,. along and under the Easement Property for purposes of installing, constructing, . maintaining, repairing, replacing and renewing, at the Partnership'S expense, drainage and off site water retention improvements for the Partnership Property. 3. Construction of Drainaae and Off Site Water Retention Facilities. A. The Partnership shall, at its sole cost and expense, cause to be constructed on the Easement Property, drainage and off site water retention facilities for the Partnership Property (the "Drainage Facilities"). The Partnership shall be responsible for repairing any damage done to the Winchester Property in connection with the construction of the Drainage Facilities. The Drainage Facilities shall be (i) in all respects sufficient to serve both the Partnership Property and the Mall Corner Property (as hereinafter defined); (ii) except for the retention area of approximately two hundred sixty (260') feet by three hundred (300') feet, in all respects sufficient to serve the Winchester Property as it may be from time to time developed and occupied; and (iii) constructed strictly in accordance with the requirements of applicable laws, rules, codes, ordinances and other requirements of governmental entities. B. Prior to commencement of the construction of the Drainage Facilities, the Partnership shall deliver to Winchester (i) certificates of insurance and copies of applicable policies providing comprehensive general liability coverage in an amount of not less than One Million Dollars ($1,000,000.00) and with a deductible of not less than Ten Thousand Dollars ($10,000.00) naming Winchester, Klatt-Winchester Partnership, a Florida general partnership, Ernest F. Klatt and Violet Klatt, individually, Mall Corner, Inc., a Florida corporation, and The Ernest Klatt a/k/a Ernest F. Klatt Revocable Trust under Agreement dated May 18, 1990, as from time to time amended, and Ernest Klatt and SunBank/South Florida, N.A., as Co-Trustees and Violet Klatt, Alford Klatt and Bill R. Winchester, as Special Real Estate Trustees, and their 95-070/1025-005 Page 2 of 14 ----------_.,..._~ __----n '../ "-- ORB f31742 P9 369 respective successors (collectively, the "Winchester Group"), as additional insureds, which certificates and policies shall include provisions and provide coverage reasonably acceptable to Winchester; (ii) a copy of the Contract for the construction of the Drainage Facilities, which will only be for the construction of the Drainage Facilities on the Easement Property and for no other facilities or improvements including the Shopping Center to be constructed by Partnership on the Partnership Property; (iii) a copy of the Notice of Commencement recorded in the Public Records .of Palm Beach County, Florida, but only after having first obtained from Winchester the prior approval of the proposed Notice of Commencement,' which Notice of Commencement shall describe the property to be improved as the easement rights of the Partnership in the Easement Property and shall describe the improvements to be made as the Drainage Facilities, and evidence that the recorded Notice of Commencement has been posted on the Easement Property in accordance with applicable law; (iv) a written statement from any person'or entity, contractor, subcontractor, laborer or material supplier who has performed work or rendered services or provide labor or materials, in conjunction with the construction of the Drainage Facilities acknowledging that such person or entity shall look solely to the Partnership and its easement interest in the Easement Property for payment in conjunction with such work and confirming that such.person or entity has no right to file any lien against the ownership interest of Winchester in the Easement Property, the Winchester Property or any claim against Winchester in conjunction with such work 'or any payment due with respect thereto; and (v) copies of the plans and specifications for the Drainage Facilities, which plans and specifications must be approved by Winchester prior to submission to the City of Boynton Beach, which approval shall not be unreasonably withheld or delayed .and a copy of all permits. required to construct and operate the Drainage Facilities. Notwithstanding anything to the contrary contained herein, all fill or dirt excavated in connection with the construction of the Drainage Facilities, which is not used in the construction of the Drainage Facilities, shall be placed adjacent to" the Drainage Facilities, shall be the property of Winchester and may be used or sold by Winchester at Winchester's sole discretion. C. In the event any person or entity providing labor or services or providing materials in conjunction with the construction of the Drainage Facilities shall file a lien against the Easement Property or the Winchester Property, the Partnership shall indemnify and hold harmless Winch~ster from and against any and all claims asserted by any such person or entity and shall, no later than five (5) days after written notice thereof, cause such lien to be satisfied or transferred to bond. 95-070/1025-005 Page 3 of 11 'J. ~., ORB 9742 P'.l 370 D. The Partnership, its successors and assigns, shall indemnify, defend and hold harmless each of the persons and entities comprising the Winchester Group and their respective partners, employees, agents, successors and assigns from and against any and all claims, actions, damages, fines, liabilities and expenses (including without limitation reasonable attorneys' fees, court costs and expenses, whether at arbitration, at trial, on appeal or in any bankruptcy or post judgment proceeding) which may be imposed upon, incurred by or served against them, including, but not limited to, those incurred in connection with loss of life, personal injury and/or property damage, or any of them, arising from, or out of or related to the construction, operation, maintenance and use of the Drainage Facilities. 4. Maintenance and Other Exvenses. A. Partnership shall, at its sole cost and expense, maintain in good repair and condition the Drainage Facilities, in accordance with the requirements of the City of Boynton Beach. . B. The Partnership shall pay to Winchester, within twenty (20) days of receipt of a copy of the tax bill and a computation of the Partnership'S prorata share of such tax bill, real estate taxes and assessments for the Easement Property. The Partnership acknowledges that the Easement Property will not be separately assessed and that the tax bill to be used for purposes of making the' computation shall include the Easement Property. The Partnership further agrees that the real estate taxes and assessments for the Easement Property shall be determined by multiplying the total taxes and assessments reflected on the tax bill by a fraction, the numerator of which will be the acreage of the Easement. Property and the denominator of which will be the total acreage of the land covered by the tax bill. C. The Partnership shall maintain, throughout the term of this Agreement, the insurance described in paragraph 3.B above. No' later than thirty (30) days prior to the expiration of such policy, the Partnership shall provide Winchester with evidence that such policy has been renewed for an additional year. In addition to the requirements set forth in Section 3.B above, the policy shall provide that it will not be canceled or modified without Winchester having first been provided with thirty (30) days prior written notice.- D. Notwithstanding anything' to the contrary contained in this paragraph 4, in the event the Drainage Facilities are not used exclusively by the Partnership (as contemplated by paragraph 95-070/1025-005 Page 4 of 14 --------------~.--._----- 'J' "--' ORB 9742 1>9 371 6 hereof), the Partnership shall only be responsible. for its prorata share of the real estate taxes described in paragraph 4.B and shall be entitled to be reimbursed for the other parties t prorata share.of reasonable maintenance costs expended pursuant to paragraph 4.A. 5. Relocation of Drainaae Facilities. The Partnership acknowledges and agrees that Winchester may, in their sole discretion, elect to relocate the Drainage Facilities to another location. The relocation of the Drainage Facilities shall be at Winchester's sole cost and expense and shall comply with all requisite governmental requirements and approvals. The partnership shall have the right to review and approve the plans and specifications for the new drainage facilities, which approval shall not be withheld or delayed so long as such relocation does not (i) interfere with the ongoing business operations of the Partnership on the Partnership Property; or (ii) prevent the continuous drainage of water flowing from the Partnership Property. Upon completion of construction of the new drainage facilities, the Partnership and Winchester shall execute an amendment of this Agreement substituting the legal description on which the new drainage facilities are located for the legal description attached hereto as Exhibit "C". 6. Use of Drainaae Facilities. The Partnership acknowledges and agrees that it has a non-exclusive right to use the Drainage Facilities and Winchester shall be permitted to connect its own drainage facilities to the Drainage Facilities or otherwise use the Drainage Facilities for drainage and water retention for the Winchester Property, and shall be further permitted to grant similar rights to the owner of the property described on Exhibit "D" attached'hereto (the "Mall Corner Property") for purposes of drainage and water retention for the Mall Corner Property, provided that ehe use of the Drainage Facilities by Winchester or by the owner of the Winchester Property or the Mall Corner Property would not cause the Partnership to be in violation of the requirements of applicable governmental authorities with respect to the Drainage Facilities. 7. Limitation of Lien Riahts. Notwithstanding anything to the contrary contained herein, no interest of Winchester hereunder or any other interest of Winchester in the Easement Property shall in any manner be subject to lien, claim, demand or imposition under the construction lien laws of the State.of Florida, otherwise for any improvement, labor, materials or services rendered at or upon the Easement Property by or at the request of the Partnership, whether or not Winchester shall have consented to same. 95-070/1025-005 Page 5 of 14 -~ -- 'v- \.....- ORB 9742 P9 372 8. Indemnification. Partnership, its successors and assigns, shall indemnify, defend and hold harmless each of the persons and entities comprising the Winchester Group and their respective partners, employees, agents, officers and directors, tenants, employees, guests, customers, invitees, successors and assigns from and against any and all claims, actions, damages, fines, liabilities and expenses (including reasonable attorneys' fees, court costs and expenses whether in arbitration, at trial, on appeal or in any bankruptcy or post-judgment proceeding) which may be imposed upon, incurred by or asserted against them in connection with loss of life, personal injury and/or property damage or any of them arising from, or out of any occurrence in, upon or at the Easement Property and occurring by an act or omission of Partnership, its tenants, agents, employees, contractors, customers or invitees. 9. Default. If there is a failure by either party to perform, fulfill or observe any agreement contained herein, and such failure shall continue for fifteen (15) days after written notice fro~ the other party, then, in addition to all the remedies available at law or inequity the non-defaulting party may, but shall not be obligated to, perform such obligation on behalf of the other party. In the event a default is not cured as provided herein, and the non~defaulting party is required to expend monies as a result thereof, such amounts shall be immediately due and payable by the defaulting party and shall bear interest at the rate of eighteen (18%) percent per annum, or the highest rate permitted by law, whichever is lower, until paid. In the event of a breach or attempted or threatened breach of any obligation set forth herein, in addition to any other remedy available at law or in equity, the _ non-defaulting party shall be entitled to full and adequate relief by injunction. , 10. Attornevs I Fees and Costs. In connection with any arbitration or litigation, arising out of this Agreement, the prevailing party shall be entitled to recover all reasonable costs incurred, including reasonable attorneys' fees for services rendered in connection with such arbitration or litigation, including post-judgment, administrative, bankruptcy and appellate proceedings. 11. Notices. Any notice, request, demand or other communication required or permitted .to be given under this Agreement shall be in writing, addressed as follows or as otherwise instructed pursuant to notice given under the terms of this paragraph, and shall be deemed given or delivered (a) when 95-070/1025-005 Page 6 of 14 ------- ,----------.-- , -" . ~ ORB 9742 P'3 373 personally delivered, or (b) three (3) days after mailing by deposit with the United States Postal Service, postage prepaid, by certified or registered mail, return receipt requested, or (c) one (1) day after. acceptance for delivery by Federal Express or any other nationally recognized overnight delivery service. If to Winchester Group: c/o Bill R. Winchester P.o. Drawer 1240 Boynton B~ach, Florida 33435 If to Partnership: 8130 Baymeadows Way West Jacksonville, Florida 32256 Attn: William M. Sulzbacher 12. Run with Land. This Agreement and the obligations, easemell.ts and agreements hereunder shall be appurtenant to and shall run with the Partnership Property, the Winchester Property and the Qasement Property and shall apply to and bind the respective heirs, personal representatives, transferees, assigns and successors in interest of the Partnership and Winchester. 13. Additional Ea5ements. Winchester, for themselves and their successors and assigns, hereby reserve the right to grant, from time to time, such further and additional easements over, through, across and under such portions of the property as they each shall then own; provided, however, that such additional easements shall not materially adversely interfere with the easements set forth in this Agreement. 14. Severabilitv. In the event that any part / term or provision of this Agreement shall become illegal, null or void for any reason, or shall be held by a court of competent jurisdiction to be so, the remaining portions thereof shall remain in full force and effect. 15. Applicable Law. This Agreement shall be governed by and construed in accordance with the laws of the State of Florida. 16. Arbitration. In the event of any controversy or claim arising out of or relating to this Agreement / or the breach thereof, the party asserting such controversy or claim (the "Claimant") shall decide whether it shall be brought before a court of record in the State of Florida in Palm Beach County or settled by arbitration. If the Claimant chooses arbitration, it. shall immediately notify the other party of this decision, and by written 95-070/1025-005 Page 7 of 14 -~ -~~ -~---- .) -' ORB' 9742 P9 374 \, '. ' notice within ten (10) days of the initial notice. name an arbitrator. Within ten (10) days of receipt of such notice, the other party shall, by written notice to the Claimant, appoint one additional arbitrator. In the event the other party does not timely appoint an arbitrator, the Claimant may appoint the additional arbitrator. The arbitrators thus appointed shall themselves select a third arbitrator, and all the arbitrators so named shall be commercial persons or lawyers conversant with the type of transaction contemplated by this Agreement, and shall settle the claim or controversy in accordance with the Commercial Arbitration Rules of the American Arbitration Association. Judgment upon.the award rendered by the arbitrators shall be final, binding and conclusive upon the parties and their respective successors and assigns, and may be entered in any court of competent jurisdiction. 17. Amendment. This Agreement may be abrogated, modified, terminated, rescinded or amended in whole or in part by an instrument executed by the then owner of the Partnership Property, the fee tlitle owner of the Easement Property and the owner of any other property using the Drainage Facilities (as contemplated by Paragraph 6 hereof), joined by their respective mortgagees (if any), and the joinder of any tenants, guests, licensees, or invitees of any such owner (or anyone else) shall specifically not be required in connection with any of the foregoing. 18. City of Bovnton Beach. The parties recognize and agree that the establishment of the easement created hereby shall in no way limit or restrict the rights of the City of Boynton Beach, Florida, in conjunction with any application for the development of all or any portion of the Winchester Property, to require, in accordance with applicable City codes and/or conditions or approval associated with subsequent development orders, that the easement or the water retention area be relocated to another location on the portion of the Winchester Property being developed. 95-070/1025-005 Page 8 of 14 ...-------- ~------- lJ. "--- om 9742 P9 375 IN WITNESS WHEREOF. the parties have executed this Agreement on the day and year first above written. hi.2dsL~ BILL R. WIN ESTER c;~t2.aJ~ ELSIE A. WINCHESTER SIGNATURES CONTINUED ON NEXT PAGE , 95-070/1025-005 Page 9 of 14 -~~------------ ~.. .J' ~mA ~ adL,'10 . eLf\ I . (7'() E ru Print Name of Witness ~ ~ v' ~~N Print Name of Witness '-----' OOB 9742Pg 376 BOYNTON BEACH DEVELOPMENT ASSOCIATES, a Florida' general partnership, by its General Partners: Armada/Hoffler Boynton Beach, Inc. , a Virginia corporation, qualified to do business in the State of Florida and Baita Boynton Beach Partners, a Florida general partnership ARMADA/HOFFLER BOYNTON BEACH, INC., a Virginia corporation, qualified to do business in the .:;~~~F\1\ida, ieg Genera' BY: ANTHONY J. NERO ITS: VICE PRESIDENT , SIGNATURES CONTINUED ON NEXT PAGE 95-070/1025-005 Page 10 of 14 ;.J. \.......- ORB 9742 P9 377 BAITA BOYNTON BEACH PARTNERS, a Florida general partnership, its General Partner, by its General Partners: Baita International Inc., a Georgia corporation, qualified to do business in the State of Florida and Boynton Commons Corporation, a Florida corporation BY: BAITA INTERNATIONAL, INC., a Georgia corporation, qualified to do business in the State of Florida, its General Partner ULZBACHER, ICE PRESIDENT F OPERATING v ~~~~1:; if ((() T rfAYiY1- Print Name of Witness ./ BY: WILLI ITS: EXEC AND CH OFFICER J~~ Cq R 0 L In ,q..&{f1 0<- Print Name of Witness ~~ Pr~nt Name of ness Pr~nt Name of Wjtness 95-070/1025-005 Page 11 of 14 - ~-~~----- ---~ v. '...../ ....-oRB 9742 P, 378 STATE OF FLORIDA ) )SS: COUNTY OF PALM BEACH) The fore~oing instrument was acknowledged before me /fYJ!iJK ,1997, by BILL R. WINCHESTER and WINCHE~TtR, who are personally known to me\have p~oJ~~~J ... as ldl,..Ohtifi~atioI1.. on~ ELSIE A. Print, Type or Stamp Commissione Name of Notary Public - State of Florida My Commission Expires: My Commission Number: My Notary Seal: I 'm, ~ MY~:-=FMfS ld. . j Soptana< Q. 2lXIO "'~P.;(:r..'f.-., >OtaIll>RJ""''''''''''''''''''Nl , 95-070/1025-005 Page 12 of 14 m._.~----._- .- \.;. '0 ORB 9742 P9 379 STATE OF PL€lRI.BA YlR,C, 1(111 A _ _ _ Cffi:ffi.TY 0 F <'AUl BEACH C. {1 'j DF C \\ t::$f\ reA I< l:= BEFORE ME the undersigned authority, this date personally . appeared, ANTHONY J. NERO,. as VICE PRESIDENT of ARMADA/HOFFLER BOYNTON BEACH, INC.. a Virginia corporation, qualified to do business in the State of Florida, on behalf of the Corporation, a general partner of BOYNTON BEACH DEVELOPMENT ASSOCIATES, a Florida general partnership. He is personally known to me or has supplied .,I N {'r . as identification. My Commission Expires Ct-:,I'~ My Commission Number Iv A My Notary peal: ,/ LLd,! Uid.>dG~ Notary Public State of Flor5d_ V" -^^-\:.._:..... . .J'~:~.~:..~~,~::~~:'7..... ::::-:> . ....."'.... ~.- ~~:"~:' .' '.... ..~ \....~~t. ~ ~ ..,,~>t- :,:. ~ WJ I' .'. ':"':'::;:;'~????~:~;:<~/ j" 95-070/1025-005 Page 13 of 14 ---- ---~-- "/ .. "-' ORB 9742 P9 380 STATE OF FLORIDA COUNTY OF PALM BEACH BEFORE ME the undersigned authority, this date personally appeared, WILLIAM M. SULZBACHER, as EXECUTIVE VICE PRESIDENT AND CHIEF OPERATING OFFICER of BAITA INTERNATIONAL, INC., a Georgia corporation, authorized to do business in the State of Florida, on behalf of the Corporation, a general partner of BAITA BOYNTON BEACH PARTNERS, a Florida general partnership, a general partner of BOYNTON BEACH DEVELOPMENT ASSOCIATES, a Florida ~eral partnership. He is personally known to me.er flas suppli9Q dB ideIlclfl"C1L';'o". My My My Notary P State of Commissj.on Expires ~.3,' H 9 Commission Number C C '{;:S f ~.:3 Notary Seal: co pAUlAJ, DE BEMY . -1 v.i MY~tHlC:C~ Bondtd~1.ui.ul3.1m .~lilcoylWo~ BEFORE ME the undersigned authority, this dat per70nallY appeared, DONALD B. STILLER, as PRESIDENT, of BOYNTON COMMONS CORPORATION, a Florida corporation, on behalf of the Corporation, a general partner of BAITA BOYNTON BEACH PARTNERS, a Florida general partn~rship, a general partner of BOYNTON BEACH DEVELOPMENT ASSOCIATES, a Florida general partnership. He is personally known ~o me. ~r ~ Aupplied ~":-:> J.dentJ.fJ.ca J. , STATE OF FLORIDA COUNTY OF PALM BEACH otary publ' State of orida My Commission Expires My Commission Number My Notary Seal: IDD11HLYNN JOCrs (J:\7\CLIBNTS\STILLER\TITLB\OFFSITB2.EAS 1025-005 04/09/97) 95-070/1025-005 Page 14 of 14 ",r- (j~ A EAL >::O~'1> JUDITH LYNN JoelS -K )to COMMISSION NULCBfA ~ ,f CC486369 71- ~ MY COMMISSION expo OncO AUG_. 27.1999 ~ ",~""R"""PY Of:Flcr~l' O>.'()f.~~y s ..;.' ,:) JtlH.:l-. I. iNN JOC~:L . .~ )t. COU~'5StON nUMb 0:(" I' . IR ;, Q ".. 48836~ .. n" AIr ("(II OFflO~ " ~""t'j.310'" ~XP. ~~ Al..i(,. 27 J' '.,. ---------- ~------ ORB ""'"742 Ps 381 J' EXHIBIT "A" '-....-- LEGAL DESCRIPTION A PARCEL OF bAND SITUATE IN SECTIONS 19 AND 30, TOWNSHIP 45 SOUTH. RANGE 43 EAST, BErNG A PORTION OF LOTS 39. 40, 41, 43 AND 44 OF THE SUBDIVlSION OF SEcnON 19. TOWNSHIP 4$ SOU1lf. RANGE 43 EAST, AS RECORDED IN PLAT BOO]O, PAGE 19 OF THE PUBLIC RECORDS OF PAL\1 BEACH COUNTY. FLORIDA. AND A PORTION OF LOT "A', BLOCK I. AND A PORTION OF LOT "A". BLOCK 2 OF THE SUBDIVISION OF PAL\1 BEACH FARMS COMP ANY PLAT NO.8 OF SECTION 30. TOWNSHIP 45 SOIITH. RANGE 43 EAST. AS RECORDED IN PLAT BOOK 5. PAGE 73, OF THE PUBLIC RECORDS OF PALM BEACH COUNTY. FLORIDA. BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE SOL'THEAST CORNER OF SEcnON 19. TOWNSHIP 45 SOUTH. RANGE 43 EAST: THENCE SOUTH 87"32'47" WEST ALONG THE SOUTH LINE OF SAID SECTION 19, A DISTANCE OF 60.01 FEET TO A POINT ON THE WEST RIGHT OF WAY LINE OF CONGRESS .-\ VENUE AND THE POINT OF BEGINNING: THENCE SOUTH 01"22'43' EAST ALONG THE WEST RIGHT OF WAY LINE OF SAID CONGRESS AVENUE, A DISTANCE Of 17.50 FEET; THENCE SOUTH 870)2'47. WEST ALONG A LINE 17.50'FEET SOUTIt OF AND PARALLEL WITH THE NORTH LINE Of SECTION 30, TOWNSHIP 45 SOUTH. RANGE 43 EAST. A DISTANCE OF 19O.Q3 FEET: THENCE SOUTH 01"22'40. EAST, A DISTANCE OF 42.51 FEET; THENCE SOUTH 87032'47' WEST ALONG A LINE 60.00 FEET SOUTH OF AND PARALLEL WlTIl THE NORTH LINE OF SAID SECTION 3D, A DISTANCE OF 422.95 FEET TO THE EAST LINE OF LOT - A -. BLOCK 3 OF SAID PLAT OF THE PALM BEACH FARMS CO. PLAT NO.8: THENCE NORTH 01012'53" WEST ALONG SAID EAST LINE, A DlSTANCE OF 35.01 FEET TO A LINE 25 FEET soum'OF. AND PARALLEL WITH THE NORTIl LINE OF SAID SECTION 30; THENCE SOUTH 87"32'41" WEST ALONG SAID PARALLEL LINE. A DISTANCE OF 28.70 FEET: ruENCE NORTH 02027'13" WEST, A DISTANCE OF 275.38 FEET: THENCE SOUTH !l3"16'46. WEST. A DISTANCE OF 269.64 FEET TO A POINT ON THE EASTRlG1IT OF WAY LINE OF WINCHESTER PARK BOULEVARD, SAID POINT BEING ON A CURVE CONCAVE TO THE EAST HA VlNG A CHORD BEARING OF NORTH 08.13'05' EAST, A RADIUS OF 2193.99 FEET, A CENTRAL ANGLE OF 06059'36.; THENCE ALONG SAID EAST RIGHT OF WAY LINE NORTIffiRL Y 267.79 FEET ALONG THE ARC OF SAID CURVE TO A POINT OF REVERSE CURVE CONCAVE TO THE WEST HAVING A CHORD BEARING OF NORm 05018'24. EAST, A RADIUS OF 2149.31 FEET. A CENTRAL ANGLE OF 12048'59'; THENCE CONTINUE ALONG SAID EAST RIGHT OF WAY LINE NORTHERLY 480.78 FEET ALONG THE ARC OF SAID CURVE TO A POINT OF TANGENrCY; THENCE CONTINUE ALONG SAID EAST RIGHT OF WAY LINE NORTH 01006'06' WEST, A DlST ANCE ()F 223.72 FEET; THENCE CONTINUE ALONG SAID EAST RIGlIT OF WAY LINE NORTH 44"22'08' EAST. A DISTANCE OF 35.64 FEET TO A POINT ON THE SOUTH RIGHT OF WAY LINE OF OLD BOYNTON ROAD; THENCE NORTH 89"50'22~ EAST, ALONG THE SOUl11 RIGHT OF WAY LINE OF OLD BOYNTON ROAD, A DISTANCE OF 763.72 FEET; TIIENCE SOUTH 45046'11' EAST. A DISTANCE OF 34.98 FEET TO A POINT ON THE WEST RIGHT OF WAY LINE OF CONGRESS A VENUE: TIIENCE ALONG THE SAID WEST RIGHT OF WAY LINE OF CONGRESS A VENUE SOUTH.O I "22'43' EAST, A DISTANCE OF 1160.94 FEET TO THE POINT OF BEGINNING. -"-------------~ '-...J' EXHIBIT "nil om '7'>-42 P9 382 .Lot A and that Part of Lot B North of State Road 804, of Block 4, and all of Lot A and that part of Lot B North of State Road 804 of Block 5, ~ALM BEACH FARMS CO., Plat No.8, all land lying in Section 30, Township 45 South, Range 43 East, Palm Beach County, Florida and Tract 47 of the Subdivision of Section 19, Township 45 South 43 .E~st, LESS the right of way for Boynton Road, according' Plat thereOf 'as recorded in Plat Book 7, Page 19, of the Red6rds of' Palm Beach County, Florida Range to the Public and Tracts 45, 46, 49 and 50~ according to the Pa~m Beach Miami Land and Development Company Plat recorded in Plat Book 7, Page 19, Palm Beach County Court Records, and also described as the E 1/2 of the S 1/2 of the W 1/2 of the SE 1/4 of section 19, Township 458, Range 43 East, Palm Beach County, Florida and The South 320 feet of Lot 42, Subdivision Section 19, Township 45 South, Rapge 43 East, recorded in Plat Book 7, Page 19, of the Public Records of Palm Beach County, Florida. , -.---------.- . ------ ,-..., .a.....urtl~ l1L,':ARIBBEAN MAP- ING, INC. PROFESSL 8AL SURVEYORS AND MAPPERS ORB 9742 P9 383 SKETCH AND DESCRIPTION OF A . DRAINAGE EASEMENT LEGAL DESCRIPTION: A PARCEL OF LAND LYING IN SECTION 19, TOWNSHIP 45 SOUTH, RANGE 43 EAST, SAID PARCEL BEING A PORTION OF LOTS 42, 45 AND 46 OF THE SUBDIVISION OF SECTION 19, TOWNSHIP 45 SOUTH, RANGE 43 EAST, AS RECORDED IN PLAT BOOK 7, PAGE 19 OF THE PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: CO)>1MENCING AT THE SOUTHEAST CORNER OF SECTION 19, TOWNSHlP 45 SOUTH, RANGE 43 EAST, THENCE NORTH 01022'43" WEST ALONG THE EAST LINE OF SAID SECTION 19, A DIST ANCE OF 1 223.Q2 FEET; THENCE SOUTH 89050'22" WEST ALONG THE CENTERLINE OF OLD BOYNTON ROAD, A DISTANCE OF 1517.97 FEET; THENCE SOUTH 00009'38" EAST, A DISTANCE OF 40.00 FEET TO A POINT ON THE SOUTH RIGHT OF WAY LINE OF OLD BOYNTON ROAD; THENCE SOUTH 01000'33" EAST, A DISTANCE OF 260.03 FEET TO THE POINT OF BEGlNNlNG; THENCE NORTH 44024'55" EAST, A DISTANCE OF 1.64 FEET; THENCE NORTH 88009'11" EAST, A DISTANCE OF 536.41 FEET TO A POINT ON THE WEST RIGHT OF WAY LINE OF WINCHESTER PARK BOULEY ARD; THENCE ALONG SAlD RIGHT OF WA Y LINE, SOUTH 0]006'06" EAST, A DISTANCE OF 7.83 FEET TO THE BEGINNING OF A CURVE CONCAVE TO THE WEST, HAVlNGARADIUS OF 2041.31 FEET, AND A CENTRAL ANGLE OF' 0 I 0 II '31 "; THENCE SOUTHERLY ALONG SAID WEST RIGHT OF WAY LINE AND THE ARC OF SAID CURVE, A DISTANCE OF 42.46 FEET; THENCE SOUTH 88053'54" WEST, A DISTANCE OF 25.01 FEET TO A POINT ON A CURVE CONCAVE TO THE WEST, FROM WHlCH A RADIAL LINE BEARS NORTH 89053'42" WEST, SAlD CURVE HAYING A RADIUS OF 2016.31 FEET, AND A CENTRAL ANGLE OF 01004'44"; THENCE NORTHERLY ALONG THE ARC OF SAID CURVE, A DISTANCE OF 37.97 FEET; THENCE SOUTH 88009' II" WEST, A DISTANCE OF 494.85 FEET; THENCE SOUTH 44024' 55" WEST, A DISTANCE OF 24.89 FEET; THENCE SOUTH 01000'33" EAST, A DIST ANCE OF 231.95 FEET; THENCE SOUTH 89050'22" WEST, A DISTANCE OF 300.03 FEET; THENCE NORTH 01000'33" WEST, A DISTANCE OF 260.03 FEET; THENCE NORTH 89050'22" EAST, A DISTANCE OF 300.03 FEET TO THE POINT OF BEGrNNING. CONT AlNING 1.964 ACRES (85564.6 SQUARE FEET), MORE OR LESS. SURVEYOR'S NOTES: I. LANDS SHOWN HEREON WERE NOT ABSTRACTED BY THE SURVEYOR FOR RIGHTS OF WAYS AND/OR EASEMENTS OF RECORD OR OWNERSHIP. 2. THE LAND DESCRIPTION AND EASEMENTS SHOWN HEREON ARE IN ACCORD WITH THE DESCRIPTIONfROYIDED BY THE CLIENT. 3. ADPITlONS OR DELETIONS TO SURVEY MAPS OR REPORTS BY OTHER THAN THE SIGNING PARTY OR PARTIES IS PROHIBITED WITHOUT WRITTEN CONSENT OF THE SIGNING PARTY OR PARTIES. 4. TIDS PARCEL IS SUBJECT TO ALL EASEMENTS, RESERVATIONS, RIGHT-OF-WAY AND RESTRICTIONS OF RECORD, IF ANY. 5. THIS IS NOT A BOUNDARY SURVEY. SURVEYOR'S CERTIFICATION: I HEREBY C~RTIFY THAT THE SKETCH AND DESCRIPTION SHOWN HEREON IS TRUE AND CORRECT TO THE BEST OF MY KNOWLEDGE AND BELIEF. I FURTHER CERTIFY TIlAT THIS SKETCH AND DESCRIPTION MEETS APPLICABLE MINIMUM TECHNICAL STANDARDS SET FORTH IN RULE 61 G 17-6 ADOPTED l'1:Y THE FLORIDA BOARD OF PROFESSIONAL SURVEYORS AND MAPPERS, PURSt.1hNt'j;Q.Et,~A STATUTE 472.027. SUBJECT TO THE QUALIFICATIONS NOTED HEREON. NOJ-VA~B ,'!-:'if.~ttiJf SIGNATURE AND ORIGINAL RAISED SEAL OF A FLORIDA LICENSED SVIV~ll.)'6R AllID";~.,:, . ~ . i,"\TfTt... ...,""... ':A, . .. fl... . .. .~.,::.~.:. 'lr. ..\, oi , '. ~ . '1- -"'_'''-' \.. , "(". (.)-..,.-, tl >-;'.. '\ .'.'" , ::( ',; "~i'! r ~ c.> i .~ . ' J ~. :. ' ~', " "..~! ~:: '. ; SHEET I OF 2 3062308 Road. Oro:cnae"", Florid< 33467 (561) 964-7884 . Fax (561) 964-1969 ',' ol/ II :... t f1 . ",.~: ORB 9742 P9 386 . DoROTHY" H, WILKEN, ClERK PB COtAHY I FL ,'.~ '. -;"': ,-- EXHIBIT "~D~": . ." ~ Legal Desoription 1\ Portion of Lot "2, of SUBDIVISION or SEC'I'XON 19, 'I'o~mship 45 South, Rangel t\:l EAllt, .as recordod in Plat 800X 7, lOt FAg" 19, of the Puplic Records of Palm peach County, Florida, less the South 320.00 teet and less the North 20.00 feet' for road riqht-ot-way and beinC,1 Illore particularly descriped as follows: ' Commencinq at the Northeast corner of said Lot 42; thence run along the East line of said Lot 42 on an assumed bearin9 of South 01'06'03" East a distance of 20.00 feet to a point of . intersection of the South right-ot-way line of Old Boynton Road and the West right-ot-way line of Winchester Park Boulevard as now ,e)Cis1:s, said point also being the Point of Beginning; thence continue South 01' 06103" Eas t along the said West lii9ht-ow-way line of Winchester Parx Boulevar~ a distance of 243.08 feet; thence South 88'09106" West a distance of 307,55 feet to a point alonej the Hest line of said Lot 42, thenoe North 01'00133" West along the Hest line of said Lot 42, a distance ot 124.60 teet; thence North 89'5011611 East a distanoe. ot 139.90 teet, thence Norl'.h 0),'00'3311 West a distanoe ot 127',53 teet. to a point on the saicS South riaht.-ot-way 11.ne ot Old Boynton Roac11 thenee North 89'50116" East a~on; t.he said Sout.h right-ot-way line a distanoe of 167.26 teet to.tho;Polnt ot 8e91.nn1.nq. .f.~1 :~ ~~"~i '. " .... ., ,t,1" .~: . .-..,. ':', ..'-- .. . , I . . !.-:,/.',' ':~~ ~ .. " .' , ":\.: , -~ "I~ ~.....::: r, -.)o~ THIS IS NOT A BOUNDARY SURVEY ~ I U) :z: I~ CD Ct:l . gj , '" ":l '~ .c w 260. 00' 0 p 0 ~ POINT OF I~ BEGINNING SOO'09'38'E S01'OO'33'E 260.03' l1!:' 40.00' I~ :t. 40' \ 40' ....... ./"~.... ru .~%. c::> 9"- ~ P g , 12.00' I I \ I \ I \ I \ \ \ \ \ en CD CD . <.rI W , <.rI .... ~ Pl o ..- , U) co Ct:l <.rI . (0 <.rI c::> 0 ~I"'; '" '" , - .c S :tI'" ..... cffi ~.e..: ru - .c - <.rI ..- I=-' '" 'i 801' OS' OS' E 7.83' -4- WINcHEsTER PARK BOULEVARD I -l '" ~I ..... .... , R-204L 31' "'-1'11'31' A-42. 46' POINT OF COMMENCEMENT SOUTHEAST CORNER OF SECT! ON 19, TOWNSHIP 45 SOUTH. RANGE 43 EAST 1i CO~~~~ AVENUE i223. 02" . PROFESSIOI<<L _""r_ AHO JlAPPfiRS BY: 0.1. iE: CAD FILE: 950380E DRAWN: SHATTO 02-03-97 SCALE:!'. i DO' CHECKED: O. TODD 02-03-97 PROJECT REVISED 2-i9-97; NEW L.OCATION 95038 REV I SED 2-26-97: BOUNDARY SNEET 2 OF 2 rLANTt C - CAR I BBEAN MAPP I NG. I HC. 3Oe2 JOG ROAD - _CRES, FLORIDA _07 661 ll/loC-788' F 611 llC~-1_ .... . . , ./, 1/ .'/ (\ ORB, 9742 P'3 385 EXHIBIT 'lIDlI Leqal Description . . A Portion ot Lot. 42, ot SUBOIVISION OF SECTION 19, '!'o~tnshi.p 45 South, RAnqe 4~ E4~t, .AS rocor4od in P1A~ Book ?, At PAga 19, of the public Records of Palm beach County, Florida, less the South 320.00 teet and less the North 20.00 feet' for road right-ot-way and being more particularly described as follows: . commencing at the Northeast corner ot said Lot 42; thence run along the East line of said Lot 42 on an assumed bearing of ~outh 01'06'03" East a distance of 20.00 feet to II point of. intersection ot the South right-of-way line of Old Boynton Road and the West right-ot-way line of Winchester ParI< Boulevard as now. e~iS'ts, said point also being the Point ot Beginning; thence continue South 01'06'03" East along the said West li'ight-ow-way line of Winchester Park Boulevard a distance of 243.08 feet; thence South 88'09'06" West a' distance of 307.55 teet to a point along the Hast line ot said Lot 42, thenoe North 01'00'3311 Wast along the Hast line of said Lot "2, a distance ot 124.60 teet; thence North 89'50'1611 East a dis~anoe ot 139,90 teet, thence North 01'00'33" West a distanoe ot 127',53 teet to I. point on the said South riqht-ot-wI.Y line of Old Boynton Road; thence North 89' SO '16" East al,on9 the said South ri9ht-of-HAY line a distance of 167,26 teet to.t~o point of Be91nn1nq. '.... '."-- .. . , ~ , treOlure COC\f.t regional planning council MEMORANDUM To: Mr. Michael Rumpf Planning & Zoning Director City of Boynton Beach From: Terry L. Hess, AICP Planning Director ~ {?P---- Date: June 2, 1999 Subject: Notice of Permit Application No. 199902062 (IP-RM) WalMart Boynton Beach, FL. Attached is a notice of application for an environmental permit to conduct dredge and fill or similar activities within or adjacent to your community. We are disseminating this information for your review and comment. The information provided with this notice is very brief, but you may contact the permitting agency directly for further information if needed in order for you to assess the impacts of the proposed activities on your community. If the proposed activities are not consistent with your comprehensive plan or other locally adopted plans or regulations, or if you have any other comments, please submit them to the permitting agency by the deadline date indicated in the attached materials. We would also appreciate receiving a copy of any comments you may have for our files. Feel free to call if you have questions or comments for this office. Attachment Imf~ u W I" alll-3 "t..:' , r~ ;',. ,,~'i',':ffi~AN{) ~,____ ZONING DEPT. /1 ~ II j/!J! 301 east ocean boulevard suite 300 stuart, florida 34994 phon. (561) 221-4060 ,,269-4060 fax (561) 221-4067 ~=~ - Kimley-Horn and Associates, Inc. June I, 1999 KHA 047153.79(02) Via Federal Express Priority (561/375-6260) ~.11ichaeIFlurnpf Planning Director City of Boynton Beach 100 E. Boynton Beach Blvd. Boynton Beach, Florida 33425 Subject: Wal * 11art - Boynton Beach (E), Florida Store #2789-00, New SC Winchester Site Fle: Site Plan Resubmittal- (Landscape Plans) Dear~. Flurnpf: On behalf of Wal*11art Stores East, Inc, we hereby submit twelve (12) sets of the revised Landscape Plans for the City's review. Please incorporate these sheets in with the plans that were submitted to you at the TFlC meeting on June I, 1999. Also enclosed, you will find twelve (12) copies of the maintenance plan for the littoral zone plantings. If you should have any questions, please do not hesitate to contact me at (561) 562-7981. Sincerely, KI11LEY-HORN AND ASSOCIATES, INC. ~(fI~ cc: DAlvI GWW IGYIFl . TEL 561 562 7961 FAX 561 562 9669 G:\BQYNTON\WINCHSTR\WP\CORRESP\Rumpf4.doc . Suile400 60121stStreel Vera Beach, Florida 32960 Maintenance Plan Littoral Zone Plantings Wal*Mart Boynton Beach (E), FL Store # 2789-00, New SC Winchester Site lob No. 047153.79(02) The maintenance plan for the planted littoral zone shall include the following elements: . Maintenance of the water control structure to ensure adequate flow, . Control of exotic and nuisance vegetation, . Removal of debris, as needed, . Replanting of native species, as necessary. Schedule and Methods: Trash and debris will be removed on an as needed basis as part of the overall site maintenance. It is anticipated that this will occur during mowing operations for the site. The littoral zones will be monitored for the presence of exotic and nuisance vegetation, by site maintenance staff on a semi- annual basis. Exotic and nuisance vegetation coverage will be maintained below 10% of the total vegetative cover. Best available technology will be employed for control of these species. This could include hand removal or use of herbicides. If herbicides are used to control the invasive species, the herbicide will be applied with a wicking or similar method, to avoid overspray or killing of desirable wetland species. As indicated on the Littoral Planting Plan, the contractor will be responsible to ensure plant health and survival for a period of two years. All dead and dying plant material will be replaced during that two-year period. It is anticipated that the plant material will have become established within that two-year period and no additional planting will be needed. [G:\BOYNTON\WINCHSTR\WP\MAINTENANCEPLAN]lb ~=n Kimley-Horn and Associates, Inc. May 25, 1999 KHA 047153.79(02) Mr. Michael Rumpf Planning Director City of Boynton Beach 100 E. Boynton Beach Blvd. Boynton Beach, Florida 33425 . Suile400 60121stStreet VeroBeach, Florida 32960 Subject: Wal*Mart - Boynton Beach (E), Florida Store #2789-00, New SC Winchester Site Re: Zoning Code Appeal Dear Mr. Rumpf: Please substitute the letter that was sent to your attention on May 18, 1999 with this revised document. On behalf of Wal * Mart Stores East, Inc. (Wal * Mart), we are requesting an appeal of a Land Development regulation provision related to the above referenced project. A check in the amount of $400.00 has already been submitted to you. At a meeting on May 13, 1999, you met with Kevin M. Roberson of Kimley-Horn and Associates, Inc. and Ms. Susan P. Motley of Ruden, McClosky, Smith, Schuster & Russell, P.A. You brought to their attention that Chapter 9, Section II, Paragraph J of the City's Land Development Regulations states that no overhead doors shall face Winchester Park Boulevard (among other rights-of-way in the City). Additionally, in a phone conversation on May 24,1999 with Ms. Susan P. Motley, you also informed her that no overhead doors shall face Knuth Road. Since these roads are adjacent to each side of the proposed building, there is no Proto Typical building layout, which satisfies this code. Therefore, Wal * Mart proposes to appeal this requirement and to construct a six-foot high masonry stucco wall between the landscape buffer and dry detention area along Winchester Park Boulevard in order to screen the overhead doors from the roadway. A six-foot high masonry stucco wall will also be constructed between the east perimeter of the wet detention pond and the curb in order to screen the store's west side overhead doors from Knuth Road. The screen walls will have architectural features and look similar to the wall behind the Sports Authority. A Site Plan was previously submitted with the May 18, 1999 letter showing the proposed walls. We believe it is noteworthy that the overhead doors are over 380 feet from the westernmost right-of-way for Winchester Park Boulevard and 560 feet from the easternmost right-of-way for Knuth Road. Additionally, directly east of the doors across Winchester Boulevard is the rear of the Sports Authority and an undeveloped commercial parcel. When one considers the distance of the bay doors from Winchester Boulevard, and the visual screening the wall and landscaping will provide, the proposed site plan will still promote comprehensible cohesiveness among developments along Winchester Boulevard and is in keeping with the City's Community Design Plan. This also holds true for the overhead doors facing Knuth Road. The road will be visually screened from these doors with a ten-foot landscape buffer adjacent to the Knuth Road right-of-way. With the addition of the masonry wall along the east side ofthe pond, the City's Community Design Plan should be satisfied. ffi~v ~: w ~ ,ill I TEL 561 5i!:> 7981 _'; FAX 581 5~ 9689 G:\BOYNTON\WINCHSTR\WP\CORRESP\RumpfJ.doc ~=n Kimley-Horn and Associates, Inc. In addition, Wal*Mart would also like to appeal the requirement for the use of wheel stops on each parking stall. This is in reference to your fax dated May 21, 1999, regarding the second round of the site plan comments. Item #38, part C, calls for Wal*Mart to show a drawing detail of the wheel stops in the parking lot. Due to liability concerns, such as tripping and falling, where this type of traffic control device has been utilized, Wal*Mart no longer uses this design in their parking lots. Parking stalls adjacent to landscape areas contain a curb to prevent vehicles from entering these areas. In our professional opinion, and based on Wal*Mart's previous experience, we do not believe wheel stops are necessary. We appreciate your understanding with these issues and continue to look forward to working with the City of Boynton Beach on a successful completion of this process. Please do not hesitate to contact me should you have any questions. Sincerely, Kl~~~ A~CIATES, INC. ~J.HoL< cc: DAM SPM GWW KMR DEPARTMENT OF DEVELOPMENT MEMORANDUM ENG 99-035 TO: Michael W. Rumpf, Acting Planning & Zoning Manager n) i.'i .,-) ~ " MAR I " 5 L___: _ ""_.~ pU;;,;,,;';jG, :0 zn:\~;!'~G ~"~~i}f. -_.........~~-... 1 I --1 FROM: Raymond F. Davidson, P.E., Acting City Engin r DATE: March 12, 1999 i . RE: W ALMART - NEW SITE PLAN 1sT REVIEW (NWSP 99-003) The site is to be divided into nine separate parcels which requires the applicant to enter the plat process. A prerequisite to platting is the submission of a Master Plan. The Master Plan shall include a traffic impact analysis for all parcels to determine possible phasing of the project. A Master Stormwater Management Plan for the whole development shall also be submitted as well as any other documentation specified in Chapter 3 of the Land Development Regulations. This plan meets the definition of a planned commercial development as specified in LDR Chapter 2, Section 6.F.2. and will be compatible with the adjacent parcel to the east known as Boynton Commons and the abutting undeveloped parcel to the west. We recommend the zoning request be for a P.C.D. not C-3. RD:KH/ck Xc: Sebastian Puda C:\My Documents\Walmart. New Site Plan 1st Review.doc ~=~ Kimley-Horn and Associates, Inc. June I, 1999 KHA 047153.79(02) Mr. Michael Rumpf Planning Director City of Boynton Beach 100 E. Boynton Beach Blvd. Boynton Beach, Florida 33425 Subject: Dear Mr. Rumpf: Wal * Mart - Boynton Beach (E), Florida Store #2789-00, New SC Winchester Site Re: Site Plan Resubmittal On behalf of Wal * Mart Stores East, Inc, we hereby submit twelve (12) sets of revised plans for the City's review. Below you will find the responses to the City's second round of comments from the facsimile dated May 21,1999. UTILITIES 1. Comment Response: 2. Comment: Response: 3. Comment: . TEL 561 562 1981 FAX 581 562 9689 All utilities easements shall be shown on the rectified landscaping drawings so that we may determine which trees may interfere with utilities. In general, palm trees will be the only tree species allowed within utility easements. Canopy trees may be planted outside of the easement so that roots and branches will not impact those utilities within the easement in the foreseeable future. LDR Sec. 7.5-18.1 gives public utilities the authority to remove any trees that interfere with utility services, either in utility easements or public rights-of-way. Previously addressed. Dept. of Health permits will be required for the water and sewer systems serving this project (Sec. 26-12). The permits have been completed and were forwarded to Peter Mazella on May 14, 1999. We are waiting signatures on those permits. This office will not require surety for installation of the water and sewer utilities, on condition that the systems be fully completed, and given to the City before the first permanent meter is set. Note that setting of a permanent water meter is a prerequisite to obtaining the certificate of occupancy. G:\130YNTO~\ WINCI1STR\ WP\CORRESPIRumpfl,uoc --tJ \-\.'---~ . Suite 400 60121stStreet VeroBeach, Florida 32960 Me. Michael Kumpf, June 1,1999, Page 2 ~=n Kimley-Horn and Associates, Inc. Response: We previously addressed this comment on the May 10, 1999 resubmittalletter of the site plan. We will not submit this letter of credit or surety until a final estimate of utility costs has been completed. Therefore this can/lOt be addressed until just prior to out-to-bid. 4. Comment: A building permit for this project shall not be issued until this office has approved the plans for the water and/or sewer improvements required to serve the project (Sec. 26-15). Response: Information is noted. FIRE 5. Comment: Fire hydrants shall be no more than three hundred feet (300') apart and the remotest part of any structure shall not be more than two hundred feet (200') from a hydrant; LDR 6-16. The Fire Department connection will be on the exterior at a site approved by the authority having jurisdiction; BBCC 9-23. Response: The Utili(v Plan has been revised such that the fire hydrants are no more than 300' apart. Part two of this question was addressed on the May 10. 1999 site plan resubmittal. 6. Comment: Hard roads and hydrants will be in service prior to above grade construction; NFP A I. All fire protection will be submitted on separate plans and designed by a fire protection engineer. Response: A note has been added to Site Plan stating that hard roads and hydrants will be in service prior to above grade construction. A Fire Protection plan will be submitted with the building plans and will be designed by afire protection engineer. 7. Comment: It appears that modifications have been made to the 2'" review site plan that was not addressed by the Fire Department in the I" review. Response: We do not understand the relevance of this comment. ENGINEERING DIVISION 8. Comment: All plans submitted for specific permits shall meet the City's code requirements at time of application. These permits include, but are not limited to the following; site lighting, paving, drainage, curbing, landscaping and irrigation. Permits required from other permitting agencies, such as FDOT, PBC, SFWMD, G:\BOYNTON\ WINCHSTR\ WPICORRESPIRunlpf2,doc Mr. Michael Rumpf, June I, 1999, Page 3 ~=n Kimley-Horn and Associates, Inc. DERM, LWDD, DEP and any others, shall be included with your permit request. Response: Comment is noted. 9. Comment: Provide up to date boundary and topographic survey plans that are signed and sealed and show all existing features. [LDR Chapter 4, Section 7.A. and Chapter 23, Article I, Section 5.B.2] Response: Signed and sealed, up to date and revised boundary and topographic surv"vs were submitted directly to Aiichae! Rumpf by American Surveying Company on May 11, 1999. 10. Comment: Applicant shall apply for excavation and fill permit in accordance with Chapter 8 of the City's Land Development Regulations. Response: Comment is noted. II. Comment: Provide a satisfactory traffic impact analysis. [LDR Chapter 23, Article I, Section 5.B.14.] Response: A copy of the Traffic Impact analysis was submitted to Michael RumpfonMarch 11,1999. 12. Comment: The fire lane signage and marking shall conform to LDR Chapter 23, Article ILB. and ILM. The 3-foot "Fire Lane" words shall be placed along both lanes and staggered. Correct detail. Response: The fire lane striping and detail will be revised to conform to LDR Chapter 23. Article lIB. and IIM. This revised detail is shown on Miscellaneous Detail Sheet. 13. Comment: Add a General Note to detail sheets that all-striping, markings, and signage shall conform to City Standard Drawing B-98001. Revise details as necessary. Response: A note has been added to the Site Plan and to the Miscellaneous Detail Sheet that all striping, marking and signage shall conform to the City's Standard Drawing B-98001. Details on the Miscellaneous Detail Sheet huve been revised accordingly. 14. Comment: The handicap parallel spaces shall be 25' long per City Standard Drawing B-900 13 and all other parking spaces shall also comply with the same Standard Drawing. G:\BOYNTON\ WJNCHSTR\WPICQRRESPIRumpf2.doc Mr. Michael Rumpf, June I, 1999, Page 4 ~=n Kimley-Horn and Associates, Inc. Response: The handicap parallel parking space on the Miscellaneous Detail Sheet has been revised in accordance with City's Standard Drawing B-90013. 15. Comment: Specify a fine amount of $250.00 on the handicap penalty signs. Response: The penalty sign on the Miscellaneous Detail Sheet has been revised to reflect tile fine amount of$250.00. 16. Comment: Show all traffic control devices on Paving, Grading and Drainage Plan for inspection purposes. Response: The traffic control devices have been shown on the Paving, Grading and Drainage Plans. 17. Comment: At the three driveway entrances, show the sidewalk thru the driveway and specify that the existing sidewalks will be removed and replaced with new sidewalk a minimum of 6" thick. Also, show the stop bars and signs 4' back of said sidewalk [LDR Chapter 23, Article n.p.]. Response: We do not agree with this comment, however signage has been adjusted such that it is 4' back from the theoretical line of the sidewalk at the driveway. Pedestrian crossing stripes have been added in lieu of extending the concrete sidewalk across the driveway. 18. Comment: Revise plans to reflect all comments [LDR Chapter I, Article VIII, Section I .H]. Response: Information is noted. 19. Comment: Specify clear sight triangles at all driveways and adjust landscape plan if needed [LDR Chapter 7.5, Article II, Section 5.H]. Response: Clear sight triangles were shown on the landscape plan previously submitted on May 10, 1999. All landscaping has been removedfrom this triangle. 20. Comment: Permits must be obtained for work within R.O.W. [LDR Chapter 22, Article II, Section 7.A.]. Response: Information is noted. G;IBOYNTON\WINCHSTRI WP\CORRESP\Rumpf2.doc Mr. Michael Rumpf, June 1, 1999, Page 5 ~=n Kimley-Horn and Associates, Inc. 21. Comment: Provide details for parking lot and driveway sections. [LDR Chapter 6, Article IV, Section IO.F. and Chapter 23, Article I, Section 5.BA.]. Response: A copy of the Paving, Grading and Drainage Details sheet has been included with this submittal which shows the pavement sections. 22. Comment: Provide details for drainage structures, grates, exfiltration trench, etc. [LDR Chapter 6, Article V, Section 4.B.2.e.]. Rejponse. A copy of the Paving, Grading and Drainage Details sheet has been included with this submittal which shows the details of these items. 23. Comment: Provide details to verify that concrete curb will conform to City Standards. [LDR Chapter 23, Article lI.E.]. Re.\ponse. A copy of the Paving, Grading and Drainage Details sheet has been included with this submittal which shows the t.}pes of curb to be utilized on this project. 24. Comment: Verify with Palm Beach County that additional right-of-way will not be required for Knuth Road. Response: This comment will be discussed with Palm Beach County. BUILDING DIVISION 25. Comment: Add to the site plan a labeled symbol that represents and shows the location of the accessible route that is required between the accessible parking space and the accessible entrance to the tire and lube area. Add text to the label that indicates all accessible routes are in compliance with Section 4.3 (Accessible Route) and 4.6 (Parking and Passenger Loading Zones) of the Florida Accessibility Code for Building Construction. Please note that at time of permit review the applicant shall provide detailed data on the plans that will verify that the path of the accessible route is in compliance with the regulations of the Florida Accessibility Code for Building Construction. Response: A symbol representing the accessible route from the accessible parking space to the entrance at the tire and lube area has been shown on the site plan. In addition a note has been added that all handicap accessible routes are in compliance with Section G:\BOYNTON\WINCHSTRIWP\CORRESPIRumpf2.doc Mr. Michael Rumpf, June 1, 1999, Page 6 ~=n Kimley-Horn and Associates, Inc. 4.3 and 4.6 of the Florida Accessibility Code for Building Constructioll. 26. Comment: Identify on the floor plan within the footprint of the building the finish floor elevation. Add to the site data found on sheet 2, the base elevation of the B flood zone. If the flood zone does not have a base elevation, indicate that on the plan. Add notes and specifications to the site data that prove the proposed finish floor elevation is in compliance with the minimum standards of the following: a) Minimum elevation required by the flood zone. b) Minimum elevation required by the South Florida Water Management District permit for the project. c) Show and specify that the elevation of the finish floor is not less than six inches above the crown of the abutting right(s)-of-way. Response: The finish floor elevation is now shown on the floor plan. The FEMA Flood Map, which was previously provided, does not indicate a minimum flood zone for zone B. However, the highest flood zone we could find on this map was for zone AH, which is elevation 15. The proposedfinished floor for Wal *Mart is at elevation 17, which exceeds this amount by 2 feet. In addition, a table has been added to the site plan, which compares the proposed finished floor of elevation 17 to each of the following: a) FEMAflood zone elevation b) SFWMD c) 6" above crown of the abutting roadway 27. Comment: Add computations and ratios to the elevation view drawings that verify that the area of the wall signage is in compliance with the regulations specified in the Sign Code. Indicate on the drawings of the wall signage whether the signs are illuminated and specify type of illumination. Add, to the submittal, detailed dimensioned drawings of the monument sign located on sheet 2 at the north entrance to the project. The size and design of the sign shall comply with the regulations specified in the Sign Code. Also, add dimensions to sheet 2 that depict the location of the monument sign from the adjacent property lines. The Sign Code specifies the minimum sign setback from all property lines shall not be less than ten (10) feet. Amend the plans accordingly. G:\BOYNTON\ WJNCHSTR\WP\CORRESP\Rump12.doc Mr. Michael Rumpf, June 1,1999, Page 7 ~=n Kimley-Horn and Associates, Inc. Response: Revised elevation drawings will be sent to you from the architect, which will address the wall signage issues. Dimensions have been added to the site plan to show the location of the monument sign from each property line. The sign is /lot within 10 feet of the property line, which therefore meets the setback requirement for the Sign Code. 28. Comment: The width of the Lake Worth Drainage District easement identified on the site plan drawing does not match the width of the same easement identified on the survey, Amend the plans accordingly, (Survey 25' and 25' - site plan 25' and 35'.) Response: Survey Drawings are being reviewedfor compliance with the 60' total right-of way shown on the deed. 29. Comment: At time of permit review, submit an executed and recorded Unity of Title that combines all lots and parcels as one lot. Response: As discussed with Michael Rumpf at our May 13, 1999 meeting regarding special elevations, Susan Motley of Ruden, McClosky, Smith, Schuster & Russell, P.A. disagreed with this comment and said that Wal *Mart would not be providing a unity of title on all combined lots. 30. Comment: The City Zoning Map indicates that a portion of the proposed property is not located within the City. The map also indicates that the portion of the project that is located within the City is located within an AG zoning district. Therefore, there is misrepresentation on the plans with respect to what zoning district the project is located within. Amend the plans accordingly. Response: This comment also appeared in the first set of site plan review comments. As indicated in our response at that time, the property has been annexed into the City and copies of the approved Ordinances were included in that submittal. 31, Comment: Compliance with the Building Codes will be evaluated at time of permit review. The permit fee, water and sewer facility fees, County fees and State fees will be determined at time of permit reVIew. Response: Comment noted. G:\BOYNTON\WINCHSTR\ WP\CORRESP\Rumpt2.doc Mr. Michael Rumpf, June 1, 1999, Page 8 ~=n Kimley-Horn and Associates, Inc. FORESTER/ENVIRONMENTALIST 32. Comment: Existing Tree Schedule The existing tree schedule lists Magnolia trees to be removed from the site. These trees (if accurate) are native trees and efforts should be made by the applicant to preserve, or relocate these trees on the site. I will field verify that the large quantity of trees (75) are indeed Magnolia trees. Response: Will be addressed by Steve Clark of Steve Clark, fnc. at a later date. 33. Comment: The following numbered trees; 12, 13, 14, 15,24,44,94,97,98, 99,103,104,105,106,108 & 112, should also be evaluated by the applicant to be preserved or relocated on the site if the trees are more clearly identified, and are native trees. (i.g. Oak) Response: Will be addressed by Steve Clark of Steve Clark, fnc. at a later date. 34. Comment: Lake Planting Plan The littoral shelf should be contiguous with the wetland-planting zone to encompass 50% of the lake perimeter. Response: This comment was also addressed with the previous first round of comments for the site plan, details of the littoral shelf plantings and upland planting zone above the littoral shelf is shown on the 2nd page of the Landscape Plan (L2). 35. Comment: An irrigation system should be designed for the lake plantings. Response: An irrigation system has not been designed for the site at this time, however when it is completed it will irrigate the lake side slopes and upland area. 36. Comment: The applicant for the proper maintenance of the lake plantings should submit a Lake Management plan. Response: An outline of maintenance procedures for the littoral shelf and upland plantings was previously submitted with the first site plan review comments on May 10, 1999. PLANNING AND ZONING 37. Comment: On the site plan, label the following items: Loading areas G:\BOYNTON\WINCHSTR\ WP\CORRESP\Rumpf2.doc Mr. Michael Rumpf, June 1, 1999, Page 9 ~=n Kimley-Horn and Associates, Inc. Height of fence at north east of building Fire Hydrants Proposed wall sign locations Min 100' stacking at north entrance without curbcuts to outparcels Chapter 23 Article II Paragraph H.5. 2Y, ft. buffer strip inside of LWDD easement at south of property RJW width for Knuth Road Response: Loading areas were previously shown on the site plan dated May 10, 1999. Height offence at north east of building- we are assuming this is referring to the shade cloth areas at the Garden Center. These fences are ten feet tall. (See Site Plan) Fire Hydrants were previously shown on the site plan dated May 10, 1999. Proposed wall sign locations were previously shown on the elevation drawings The north entrance has been revised to provide a minimum 100' stacking distance without curbcuts. A Hi ft. buffer strip is indicated on both the Site and Landscaping Plans. The buffer strip cannot be located within the L WDD easement and therefore it is shown immediately north of this easement. R/W width for Knuth Road is shown on this site plan submittal. 38. Comment: Provide a detail drawing the following items including dimensions, materials and colors: All monument and wall signs, incorporate architectural elements and finishes into all sign construction (Chapter 4, Section 7, Paragraph B). Typical trash compactor and required screen wall (Chapter 9 Section 10, Paragraph C.3). Typical parking and handicapped spaces (City drawing #B-90012). a. The shortest side of all angled parking spaces shall be dimensioned at 18'. City Drawing #B-90013. b. Parking dimensions for handicapped parallel spaces shall be dimensioned at 12' x 25'. City Drawing #B-90013. c. Show required wheel stops in parking detail drawings. G:\BOYNTON\WINCHSTR\WPICORRESP\Rumpf2.doc Mr. Michael Rumpf, June I, 1999, Page 10 ~=n Kimley-Horn and Associates, Inc. Response: All monument and wall signage will be furnished by the architect on the elevation drawings. A separate monument sign drawing will be issued by the architect. The trash compactor and required screen wall will also be addressed by the architect on the architectural plan. Typical parking and handicap spaces - a. The site plan has been revised such that /8' is the minimum distance along the angle for angled parking spaces. b. Parking dimensions for handicapped parallel spaces has been revised to 12' x 25'. c. Wal *Mart wishes to pursue a variance with respect to the required wheel stops. A request for appeal was submitted to Michael Rumpfon 5/25/99. 39. Comment: Provide the following information in the site plan tabular data: (Chapter 4, Section 7, Paragraph E). Required and proposed loading spaces. Response: On the revised site plan dated May 10, 1999, we are showing a number of loading spaces provided, which is six spaces. At the previous TRC meeting on April 27. 1999, we discussed with staff at that time that we could not find anywhere in the code that indicated the required number of loading spaces. Additionally, the staff members present could not identifY this requirement in the Code. Based on this information, we cannot show the number required. 40. Comment: The traffic analysis, dated February 1999, refers to both Winchester Park Boulevard entrances as full access driveways. The site plan notes that the southern entry drive is for delivery trucks only. Staff recommends the removal of the "trucks only" notation, and submittal of a variance request to allow more than one entrance drive from the Winchester Park Boulevard Right- of-way (Chapter 23, Article II, Section H.7.). Response: This comment was also addressed in the May 10, 1999 letter regarding the initial site plan submittal. 41. Comment: Provide signed and sealed survey sheets (Chapter 4, Section 7, Paragraph A). Response: Signed and Sealed Survey sheets were provided on May 11, 1999 to Michael Rumpffrom American Survey Company. G:\BOYNTON\ WINCHSTR\WP\CORRESPIRumpf2.doc Mr. Michael Rumpf, June 1, 1999, Page 11 ~=n Kimley-Horn and Associates, Inc. 42. Comment: Provide the required plant material screening adjacent the following items: All dumpster, trash compactor or other storage area screen walls (Chapter 7.5, Article II, Paragraph J and Chapter 9, Section 10, Paragraph C.2). Response: Pursuant to conversation with Mr. Michael Rumpf, Planning Director of the City of Boynton Beach and Todd Howder of Kimley-Horn and Associates, Inc. on May 7, 1999, plant materials will not be required adjacent to trash compactors nor the 6' high masonry wall around the east perimeter of the wet detention pond. 43. Comment: On the landscape plan, add the 2 Yz' landscape buffer at the south property line. (Chapter 7.5, Article II, Section 5, Paragraph D & E). Response: A 2 1>' landscape buffer will be added adjacent to the north easement line of the LWDD easement. Landscaping is not permitted within the LWDD easement. 44. Comment: Provide the appropriate plantings required in parking area landscape islands (Chapter 7.5, Article II, Section 5, Paragraph G). Response: As previously stated in the May 10, 1999 response letter to the site plan, Landscape Plan L2 indicates the interior planting schedule. To the best of our knowledge, the plan submitted meets the requirements of Chapter 7.5, Article II, Section 5, Paragraph G. 45. Comment: Provide an architectural floor plan. (Chapter 4, Section 7, Paragraph DJ.) Response: An architectural floor plan was provided in the May 10, 1999 site plan submittal. 46. Comment: Provide the following information on the architectural elevation plan: (Chapter 4, Section 7, Paragraph D). Typical building dimensions including overall height, windows, trim, etc. Tabular data, which describes all materials, finishes, and colors. Response: The architect will provide a revised architectural elevation plan under separate cover. G:\BOYNTON\WINCHSTR\WP\CORRESP\Rumpf2.doc Mr. Michael Rumpf, June I, 1999, Page 12 ~=n Kimley-Horn and Associates, Inc. 47. Comment: Submit a colored elevation drawing of all elevations labeling all building materials and colors (Chapter 4, Section 7, Paragraph D.2). Response: The architect will provide a revised architectural plan under separate cover. 48. Comment: Site plan shall include a coordinated sign program for site signage intended to maximize shared signage and compatibility with existing signs. Response: This topic was discussed at the May 13, 1999 meeting with Wal *Mart 's architect, civil engineer, attorney and Michael Rumpf This package is being worked on at the current time, and will be submitted at a later date. 49. Comment: Ingress/egress shall be coordinated using proposed principle driveways to the Wal * Mart use (except for two out parcels on Boynton Beach Boulevard) and interconnection between the principle use and perimeter uses. Response: The current plan and the May 10, 1999 plan both show primary entrances for each out parcel being off of the perimeter road of the parking lot. There are no longer two out parcels on Boynton Beach Boulevard. 50. Comment: Architectural design guidelines shall be required for site plan approval to ensure internal compatibility and compatibility with the adjacent Boynton Commons PCD. Chapter 9, Section II, Paragraph A-D. As part of the guidelines, staff recommends a continuous score-line with diamond shaped markings and other decorative details, for example: decorative columns, tiles, etc. Response: This comment is being addressed by the architect and the attorney and will be forthcoming. 51. Comment: Label all bay doors. Bay doors may not face Winchester Boulevard. Chapter 9, Section II, Paragraph 1.1. An appeal may be submitted to obtain approval for the existing location the bay doors facing both Knuth Road and Winchester Boulevard. Response: This comment was raised at the May 13, 1999 meeting by Michael Rumpf and an appeal was submitted on May 19, 1999 in which we utilized the screen wall for the bay doors screening on Winchester Park Boulevard. All bay doors will be labeled on G;\BOYNTON\WINCHSTR\WP\CORRESP\Rumpf2.doc Mr. Michael Rumpf, June 1,1999, Page 13 ~=n Kimley-Horn and Associates, Inc. site plan. The appeal was revised on May 25, 1999 to incorporate screening for the bay doors on Knuth Road. 52. Comment Replace the buildings west side equipment screening to be a wall rather than a fence. Response: The previously shown chain linkfence screening the compressors on the west side of the building has now been changed to a 14' high masonry wall. This will be detailed in the architectural plans. 53. Comment On the exterior elevations sheet, revise the sign schedule to include calculations which total the wall sign square footages as they relate to the maximum allowable sign area for each wall. Response: This comment is being addressed by the architect and will be provided on the exterior elevation sheet. A sign table showing maximum allowable sign area and proposed sign areas is included on this sheet. 54. Comment The subject parcel still includes the entire property. If and when the parcel is to be subdivided, the development of an outparcel will require a major site plan modification, and submittal of a master plan including a sign program as well as architectural design guidelines for the entire development. Response: This dilemma is understood as part of the site plan approval. We are providing a master sign program as well as architectural design guidelines. The applicant still wishes to continue on the current path. 55. Comment: On the exterior elevations sheet, provide the overall height of the roofline including the parapet and include a note that all rooftop equipment will be screened from view at 600'. Chapter 9, Section II, Paragraph E. Response: This comment is being addressed on the architectural plans, which will be provided under separate cover. 56. Comment Label the required lO-foot wide perimeter greenbelt where the project abuts road the Knuth Road Right-of-Way. Response: The 10-foot wide perimeter greenbelt adjacent to the Knuth Road right-ofway is labeled on the revised site plan. G:\BOYNTON\WINCHSTR\WP\CORRESP\Rumpf2.doc Mr. Michael Rumpf, June I, 1999, Page 14 ~=n Kimley-Horn and Associates, Inc. 57. Comment: !fan additional project driveway is added onto Knuth road, truck/commercial traffic should be prohibited from using this driveway, and the driveway and isle should be designed to prohibit same. Response: At this time, there will not be an additional driveway connection onto Knuth Road. We continue to look forward to working with the City of Boynton Beach for a successful completion of this project. Please do not hesitate to contact me should you have any questions. Sincerely, KIMLEY-HORN AND ASSOCIATES, INe. ~~if Kevin M. Roberson, P.E. CC: DAM GWW SPM Tm Hal Havens Tim Rogers G:\BOYNTON\WINCHSTR\WP\CORRESP\Rumpf2.doc