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"
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January 27, 2000
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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
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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
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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,
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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
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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
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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
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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
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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
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\~'" f'tORID!\ ...:S--'1:GAL SUFFICIENCY
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ssistant County Attorney
JAN t t zooa
R2000 0033
WAL-
-/~~ [ CV~
Witness '
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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
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WITNl}SS my hand and official seal in the County and State last aforesaid this ~ day
of Il~ ,1999.
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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
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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
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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
~
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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___~~__.._-_._--
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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
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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
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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
"
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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
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ci
<<
~ PIPER'S CLEN BLVD.
~ ./
o
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...,
g
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...,
'<:
.,.
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iOf FlAYOR PleT RD.
~
......
ci
<<
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~
~
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A
11
-
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FIGURE 1
BOYNTON BEACH WAL-MART
SITE LOCATION MAP
NOT TO SCALE
lI""l-n KimIey-Hom
~_u andAssodates,lnc,
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OoC.7t53.79
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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
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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
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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
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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,
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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)
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(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)
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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.
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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
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lfI11999_~Q
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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
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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
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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
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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
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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
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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
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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
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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
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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
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~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
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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
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....-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
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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" -^^-\:.._:.....
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':"':'::;:;'~????~:~;:<~/ j"
95-070/1025-005
Page 13 of 14
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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.
-"-------------~
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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";~.,:, .
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SHEET I OF 2
3062308 Road. Oro:cnae"", Florid< 33467
(561) 964-7884 . Fax (561) 964-1969
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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.
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THIS IS NOT A
BOUNDARY SURVEY
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BOULEVARD
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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_
....
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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.
'....
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. ,
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,
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
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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.
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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
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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.
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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.
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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
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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.
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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.
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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.
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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
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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.
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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
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