CORRESPONDENCE
(
DEPARTMENT OF DEVELOPMENT
BUILDING DIVISION
MEMORANDUM NO. 05-053
TO:
Technical Review Committee Members
Marshall Gage, Police Chief
Jeff Livergood, Public Works Director
Wally Majors, Recreation & Parks Director
Pete Mazzella, Utilities Department Director
Mike Rumpf, Planning & Zoning Director
Rick Lee, Fire Protection Engineer
FROM
Don Johnson, Building Official# 9
March 30, 2005
DATE:
RE:
ISSUANCE OF CERTIFICATE OF OCCUPANCY
PROJECT NAME: Arby's Restaurant & site work
ADDRESS: 3240 Old Boynton Rd.
PERMIT #: 04-0661
CONTRACTOR: Certified Contractors
The above referenced project is nearing completion. Prior to the Building Division issuing the
Certificate of Occupancy, I would like to ensure that you do not have any outstanding or pending
conditions concerning this site that must be rectified (excluding issues that are covered entirely
with a City approved surety).
If any outstanding conditions are related to permits issued by the Building Division, please
provide this division a memorandum containing a description of the unresolved conditions. If
the unresolved conditions are not permit related, please notify the owner or the owner's agent to
ensure that the matters are rectified.
Please respond to me, within ten (10) days, in order that we may proceed in a timely manner to
issue the Certificate of Occupancy. No response is necessary if your department is satisfied with
the current state of the above referenced site. Thank you for your cooperation.:-_____
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Timothy K. Large, Building Code Administrator
Bud Gall, Senior Building Inspector
Kevin Hallahan, F orester/Environrnentalist
Frantz LaFontant, Engineering Inspector II
Rodger W. Kemmer, Deputy Chief and Fire Marshal
Permit File # 04-661
S:\Development\BUILDING\TRC 10 Day Memos\2005\Arby's 04-661 ,doc
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BASEHART CONSUlTING, INC.
~".. LAND PLANNERS
~ 333 SOUTHERN 80ULEV^RD, sun!". 200
Wl:ST PALM BEACH, flORIDA 334<J5
TELEPHONE. (5611833.3114
FACSIMILE. (561)833-3293
E_MAlL.8ASEPlAN@AOl.COM
.--
August 11, 2003
Mr. Eric Johnson, AICP
Planning & Zoning Division
City of Boynton Beach
P.O, Box 310
Boynton Beach, Florida 33425
SUBJECT: ARBY'S RESTAURANT, FILE No. COUS 03-004- RESpONSES TO n:c::;"
REVIEW COMMENTS.
Dear Mr. Johnson
This letter is to respond in written form to all of the comments made ire your 3'" TRC comment
report (although I have never seen a 2"" comments report). I believe that we have apJorop iate\'
addressed all of the comments made. Our responses are provided fur each ageacy in tht: order i~a
they appear in your letter, as follows:
PUBLIC WORKS- GENERAL:
1. Prior to making application for a building permit, the applicant will contact the Pl,blic' ;Vurk
Department regarding the storage and handling of refuse, as reqt:eHed
2, We understand that locking rods nmst be pro\ided on the dumpS':el ga,es to seC$e t lern j,
the open and closed positions. A note and a detail of such will be or the perrrittbg pllll' t(-
the project
PUBLIC WORKS- TRAFFIC:
All issues resolved,
UTILITIES:
3. We understand that lire flow calculations will be required at tle time of building pem i.
application.
4_ The required sanitlll)' cleanouts have been provided, designed as T<Jqucsted,
5 _ The connections to the sanitlll)' sewer have been re-designed, consis :ent with your con lIDen'
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Mr. Eric Johnson, AICP
Arby's Restaurant
Response to 3'" TRC Comments
August 11, 2003
Page 2.
ENGINEERING DIVISION:
6. We understand that changes made to plans to address comments my potentia1ly gen'lrate new
comments, and additional changes my be required as we proCetJd though the apP,'oval
process.
7. Our revised drawings show all existing utilities and easements, as re'lue,,ted.
8. Our revised drawings provide for an easement all the way to and inclllCing the wa ter metier.
The RPZ is shown outside ofthe easement, as requested.
9. Our lighting plan complies with City standards. We understand thU the :;ite lighting can not
be used as an advertising medium.
10 The requested notes have been added to the lighting plan, regarding the wind load cap~bili t)
of the lighting fixtures (140 \1PH), We understand that site lightin& other thk.n se<:uril)
lighting, are required to be operated by a photo-electric control, and must be e,:tinguist,ed b)
2:00 a.m. Direction of the lighting away from residential areas is no: an issue win thi!
project, because there are no residential units in &.e area.
11, The required safe site distance triangles have been added to the plars, 8S req\lest~d.
12, We have submitted a request for a sidewalk waiver for the south property line, beCI,use,
sidewalk here would provide no benefit, since the properties to the ellSt, \Vest rnd 'lOUtll havr
all been developed and there are no provisions for sidewalks on the'Je propedes
13. We understand that full drainage plans will be require:! at thE titre of b.rilding permi'
application, including drainage calculations and a site master drabage plan.
14. A note on the PGD plan calls for fDOT reticuline grates These gJate:; are bic)'de p onf.
15, A modified curb will not be utilized in front of the parking spaces on the west side of lh '
building. There is a raised sidewalk adjacent to thi3 area, Plea:Je see thl' revised phns. Wtef'
stops will be installed at thi! location, as well as the sidewalk.
16. We understand that paving and drainage details will not be reviewoo wltil the building penR
level.
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Mr. Eric Johnson, AICP
Amy's Restaurant
Response to 3'" TRC Comments
August II, 2003
Page 3.
FIRE DEPARTMENT:
All comments previously addressed. No comments on 3'" report.
POLICE DEPARTMENT:
No comments received.
BI m .DING DMSION:
17. We understand that the proposed building must meet thc 140 mph capability identified in lh.
Building Code. Wind load ~.alculations will be submitted at th.. t uilding pem'it level 0"
review.
18. Signed and sealed permit drawings will be submitted with the buiking ?'lrmit applicati )n, ~
noted.
19, The restaurant has been noted to be a fast food restaurant on th~ ')lans, lor :.mpa:t !:e.
calculation purposes, as well as the proposed number of seats (80l. Since thil is an entircl:
new building, all seats will be new.
20. We understand that a water-use permit will be required from thl SJuth F\o:"ida Nate
Management District, before a building permit can be issued.
21. The grease interceptor showr, on sheet C-4 will comply with Sectloos 1003.3 throllgh IOn.:
of the Plumbing Code.
22. The proposed number of water closets and the seating capacity sho'NIl In the ph ns c Jmpl'
with the provisions of both the Building and Plumbing Codes.
23. At the time of building permit submittal, the floor plans .,.,j1\ be revi red to add Eo. ~avat ;}ry t. .
each re8troom, as noted, to comply with Sec. 11-4.17.3 ofthe Floridf. Building .~odf.
PARKS AND RECREATION DEPARTMENT:
No comments were submitted by the Parks & Recreation Department for t us project.
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Mr. Eric Iohnson, AICP
Arby's Restaurant
Response to 3'" TRC Comments
August 11, 2003
Page 4.
FORESTERlENVIRONMENTALIST:
24. There are no proposed trees in the landscape plan that are on the Palm Beach County
"invasive plant species" and "invasive non-native plant" lists,
25, More than 50"/0 of all plant materials on our landscape plan are native species.
26 . We understand thatthe planted areas within Old Boynton Road right-of- VI'ay and th~ Walmart
driveway must be sodded and irrigated. This has already been accomplished.
PLANNING & ZONING:
27. The landscape plan has been modified to identify the plant materids in the existirg butler
28, Our landscape plans provide for the unaltered preservation of the ell iStiilg W!\Imart bllffcr.
29. The proposed building elevations are all being redesigned as a result oftl1e meetings that we
have had with you, Margelly and Michael Rumpf, and are being subrrittd herewi6. A 00101
rendering of the building elevations will be submitted within the n~t fe'N days,
30. The plant quantities on plan sheets LA-l & LA-2 match, on the revised plans.
31. We understand that the removal of landscape materials is subject to the apprcval I,f th,
ForesterlEnvironmentalist.
32. The required hedge and trees along the southern buffer have been add~ to the land scapr
plan, as requested.
33. We understand that all trees must be at least 12' high at the time of planting. Th" pro JO,'"
landscape plan complies with this standard.
34. We understand that all hedges and shrubs must be at least 24" in height withE. 24" spr~d a
the time of planting. The proposed landscape plan complies with ttis standard,
35. More than 50"/0 of all plant materials on our landscape plan are natin species. TI',e pllnt lis
has been modified to separate the sluubs and trees, as requested, ar,d an l.sterisk It.:l ben Ufoe<'
to denote native materials.
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Mr. Eric Jolmson, AICP
Amy's Restaurant
Response to 3'" TRC Comments
August 11,2003
Page 5.
36. The elevation drawings have been amended to indicate the color naDle~ and narnhers ()f~}le
various components of the building. Colors similar to the Quarterdeck rest,1urar,t are
specified. The building also utilizes some color components of the buildings existing 10 the
east.
37, We have met on several OCClI3ions over the past several weeks with YOJ, Margelly Beltra n ane-
Michael Rumpf regarding the architectural elevations. W e believ,~ that we have com ~ to (
mutual agreement on the design, materials and colors for the building.
38. We believe that the east and west facade's of the building are as lI'Gt:activa as the from
elevation, with the tower features and window design that we agreed to in our last meeting
39. We believe that sufficient landscape materials exist and are propo'led to satisfy the intent 0
Chapter 9, Section 1 I.HA through Chapter 9, Section II.H. 7 of the Code. We have r.:vi~e<!
the site plan and the landscape plan to provide a planter Sl:paratin3 the drive-thn Ian~ fOI1l'
the parking lot and screening the lane and drive-thru window flum view to the'~ and lorth
40. The east building elevation has been modified consistent with the agJ eement thai we rf ache.,
at our meeting last week. A tower feature has been added over the drhe-thm window, an' ,
a fake window has been added to the north of the drive-thru win1cw t~ crer.te ':he buarc '
that you desire.
41. The landscape island screening the drive-thru window and lanl: lilIS been lengthened, a'
requested, and some larger plant materials have been added,
42. A detail of the proposed monument sign will be provided with the Planning &: o.,welcprnet I
Board drawings package, as requested. The sign complies "1th the 48 square root per ,idt
limitation imposed by the Walmart Master Design Guidelines.
43. The proposed building signs and their sizes are shown on the building elevation drawi18s. E'
requested The cumulative face area is within the allowances pro\ided hy Code, Sign colo,-
have been shown on the elevations.
44, The final elevations of the pW'king lot and buffer areas arc shown 011 th" plans. The cx:Ltir,c
and proposed perimeter landscaping will properly screen the parking area.
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Mr, Eric Johnson, AICP
Arby's Restaunmt
Response to 3'" TRC Comments
August 11, 2003
Page 6.
We believe that we have appropriately and adequately addressed all oft\1e i>5ues identified in your
TRC letter, and we look forward to our hearing with the Planning & Developmerrt Board ,)n A ~gtl5t
26'". Thank you for your attention to this matter.
verytruIyyo~
~dkt [ .
Robert E. Basehart, AICP
President
cc: Schiappa Foods Corp.
Bob Cross, Arby's Corp.
Todd Howder, P.E., Kimley Horn & Associates
David Gardner, Jr, AlA, Tucker & Booker, Inc.
J r..-! Review Comments
4
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a c& II
DEPART;VIENTS INCLUDE REJECT
Comments:
24. Trees listed in the Palm Beach County "invasive plant species" and" invasive /
non-native plant .. listing should not be included in the landscape design
(Chapter 7.5, Article I Sec. 19A.5).
25. The applicant should indicate a minimum of 50% native species calculation /
on all landscape materials throughout the site Chapter 7.5, Article II Sec. 5,C.
3,N,).
26. The Old Boynton Road and contiguous Wal-Mart 72 foot wide driveway ~
access road right-of-way must receive sod and irrigation coverage (Chapter
7.5, Article II Sec. 5.C. 2.).
PLANNING AND ZONING
Comments:
27. The landscape plan must identifY the existing plant material (in the perimeter
buffers) and their specifications in order to ensure that the project meets
current code. The City Forester / Environmentalist will review and detennine
if the existing landscape material complies with Chapter 7.5 of the Land
Development Regulations.
28. The applicant must keep the existing trees and landscape material approved in
the \I'al-Mart perimeter landscape buffer olan.
29. Colored elevation drawing does not match elevation page in submittal. Revise
accordingly. Include a color rendering of all four (4) elevations at the
Technical Review Committee meeting (Chaoter 4, Section 7.D.).
30, Ensure that all the proposed plant quantities correspond between the graphic
illustration and the plant list.
3 I. The removal/relocation of landscape material is subject to review and
approval of the City Forester / Environmentalist.
32. The southern perimeter buffer shall contain a continuous hedge, planted at a
minimum of 24 inches in height, 24 inches in spread, with tip-to-tip spacing.
This hedge shall be maintained between four (4) and six (6) feet in height,
except in safe-sight triangles. Also, one (1) tree is required for every 30
linear feet.
33. All trees are required to be at least 12 feet overall height at the time of
installation (Chapter 7.5, Article n, Section 5,C.2.).
34. All shrubs and hedges are required to be at minimum 24 inches in height, 24
inches in spread, and planted with tip-to-tip spacing measured immediately
3RD REVIE~ COMMENTS ei/It.rP/AJ{; Aff'~(/€-D
CondItIOnal Use {!.)Jt:C/L ~Vl-1/11eAJT L-/SI
Project name: Arby's rif'~ YI/;J.- -r;l!e... I1tCJC:TiAJ0
File number: COUS 03-004 r:btf.- ANY AVO't-. &:tm~t!lIII"'?
Ref~ence: 2"" review plans identified as a Conditional Use with a Julv L 2003 Planning & Zoning date stamp iptl 107
mar nl!. ~
'7'1/UJ \
DEPARTMENTS INCLUDE REJECT
PUBLIC WORKS- General
Conunents:
L Prior to permit application contact the Public Works Department (561-742-
6200) regarding the storage and handling of refuse.
2. Indicate by note on the plans at time of permitting that the required gates for
the dumpster shall contain long steel rods to drop into the pavement in order
to secure the gates in the open and closed positions. Drilled holes (for
concrete) or metal sleeves (for asphalt) shall be provided for the locking rods.
PUBLIC WORKS- Traffic
Conunents: None
UTILITIES
Conunents:
3. Fire flow calculations wilI be required demonstrating the City Code
requirement of 1,500 g.p.m. as stated in the LDR, Chapter 6, Article IV,
Section 16, or the requirement imposed by insurance underwriters, whichever
is greater (CODE, Section 26-16(b)).
4. On the wastewater lateral side, two (2) cleanouts are required in the correct
orientation, one being at the 450 elbow after the grease trap area, and one on
the correct exit side of the next 450 elbow.
5. At the connection to the existing 8-inch PVC sanitary sewer, direct
connection to the manhole is not permitted. Move the wye connection point
to be a minimum of 5 feet away (southerly) from the manhole.
FIRE
Conunents: None
POLICE
Conunents: None
ENGINEERING DIVISION
.
II .
DEPARTMENTS INCLUDE REJECT
nermittinl!.
16. Paving, Drainage and site details will not be reviewed for construction
acceptability at this time. All engineering construction details shall be in
accordance with the applicable City of Boynton Beach Standard Drawings
and will be reviewed for constructability at the time of construction permit
application.
FIRE
Comments: None
BUILDING DIVISION
Comments:
17. Buildings, structures and parts thereof shall be designed to withstand the
minimum wind loads of 140 mph. Wind forces on every building or structure
shall be determined by the provisions of Chapter 6 of ASCE 7, and the
provisions of Section 1606 (Wind Loads) of the 2001 FBC. Calculations that V
are signed and sealed by a design professional registered in the state of
Florida shall be submitted for review at the time of permit aonlication.
18. At time of permit review, submit signed and sealed working drawings of the ~
oronosed construction.
19. To properly determine the impact fees that will be assessed for the project, /
identifY on the site plan if the restaurant is a high quality, eat-in high turn
over, or fast food with drive-through type of restaurant. Also, identifY on the
site plan the number of existing seats, number of new seats and the total
number of seats nrovided.
20. A water-use permit for the irrigation system is required from the SFWMD. A J
copy of the permit shall be submitted at the time of permit application, F.S.
373.216.
21. Grease interceptor shown on sheet C-4 shall be designed and constructed to ~
comolv with Sections 1003.3 throul!h 1003.5 of the 2001 FBC, Plumbing.
22. The minimum number ofrequired sanitary facilities shall comply with Table ~
403.1 of the 2001 FBC, Plumbing. Occupant load shall be determined by
Table 1003.1 of the 2001 FBC, Buildinl!.
23. The toilet stalls shall comply with Section 11-4.17.3 of the Florida Building V
Code. An additional lavatory is required in each restroom.
PARKS AND RECREATION
Comments: None
FORESTER/ENVIRONMENTALIST
/
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BASEHART CONSULTING, INC.
& LAND PLANNERS
.'. .' 333 SOUTHERN BOULEVARD, SU,7E 2()()
WEST PAW BEACH, FLORIDA 33'05
" , TElEPHONE. 15611833-3114
-; .'. FACSIMILE, (561)833-3293
E-MAIl. BASEPlAA@AOLCOM
----
July 23, 2003
Mr. David Kelly, P.E., City Engineer
City of Boynton Beach
100 E. Boynton Beach Boulevard
Boynton Beach, Florida 33425
SUBJECT: PROPOSED ARBV'S RESTAURANT AT WALMART HUPERCENl'ER,
CITY PROJECT No. COUS 03-004-- REQUEST FORSmEW ALK \JI'AH ER.
Dear Mr. Kelley:
Please accept this letter as our request for a waiver from the requirement tc install a sidew3.!k along
the east and south boundary of the subject property (Outparcel #/\2 of the Walmart Slnel'C(nkr
project), located on the south side of Old Boynton Beach Boulevard, west o ''iVinchester B, 'ufe, ard.
We believe that there is no legitimate reason to construct sidewalks here, becau,e they would not
,:onnect to any pedestrian destination. There is no sidewalk along the rear orotb.~ outpaw'ls with!"
the overall Wabnart project and no pedestrian system to connect the outparcelf with thf primm;;
:;upercenter building. Our site plan pr"vides a designated pedestrian connection 1:( the builc ing f 'om
the sidewalk on Old Boynton Beach Boulevard. Any pedestdan desiring to v/ak bo:twee~ tb Arhy' 5
!:ite and another outparcel will be able to use the public sidewalk at the north en<i ofttes~ panels.
Anyone desiring to walk from an outparcel to the WaImart ~l:ore would not 1st a sidewalk dong th~
wuth edge of the Arby's site.
Vour consideration of this request is appreciated. If you have any questioru; r ~ga:'ding :hc ,equ :st.
cr desire additional information, pleaS'~ do not hesitate to contact me.
Very truly your~ n ~
(~l,-~,
Robert E. Basehart, AICP
President
cc: Eric Johnson, Alep, Boynton Beach Planning & Zoning Div.
Schiappa Foods Corp.
Todd Howder, P.E., Kimley H()!I1 & Associates
.1 OS 03 05:41p
B;- "l!hart
(56" 1(33-32!13
1',2
BASEHART CONSULTl'lG, INC.
& lAND PLANNERS
. 333 SOUTHERN BOUlEVARO, SU IE 200
WEST PAlM BEACH, flORIDA 334' 5
TELEPHONE. (561)833-3114
h .,_~' FACSIMILE: (561)833-3293
E-MAIl: BASEPlAN@AOl.COM
-.
----=-
. (' ;0"
July 8, 2003
Mr. Michael W. Rumpf
Department of Development
City of BoynlDn Beach
100 East BoynlDn Beach Boulevard
BoynlDn Beach, Florida 33425
! JJ..IO
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RE: ARBY'S RESTAURANT, FILE ,.100. COUS 03.004/F.EQUEST !FOR P<>S,TPONEMENT
Dear Mr. Rumpf:
Please accept this letter as our recluest for a 1 month postponement flOll' the luly 22,2003
Planning and Development Board IlleetinglDtheAugtJ!,t26, :!OO3 meedrg.1 haVE u:;hec ulin~
conflict on July 22, 2003 which p~:vents me from attending the meetin~;.
Thank you for your accommodaticl1 on this matter.
l;:t~ .~
Robert E. Basehart, AICP
Prinapal
Department of Engineering
and Public Works
PO. Box 21229
West Palm Beach, FL 33416-1229
(561) 684.4000
www.pbcgov.com
.
Palm Beach County
Board of County
Commissioners
Karen T. Marcus, Chair
Tony MasHaW, Vice Chairman
Jeff Koons
Warren H. Newell
Mary McCarty
Burt Aaronson
Addie L. Greene
County Administrator
Robert Weisman
M I1n Equ11/ Opportunity
AfJinnanve Action EmployerM
@ printed on recycled paper
-
June 9, 2003
Mr. Michael W, Rumpf
Director of Planning & Zoning
Department of Development
City of Boynton Beach
P.O. Box 310
Boynton Beach, FL 34425-0310
RE: Boynton Beach Arby's
TRAFFIC PERFORMANCE STANDARDS REVIEW
Dear Mr. Rumpf:
The Palm Beach County Traffic Division has reviewed the traffic study for the project
entitled; Boynton Beach Arby's, pursuant to the Traffic Performance Standards in
Article 15 of the Palm Beach County Land Development Code, This project is
summarized as follows:
Location:
South side of Oid Boynton Road, between Congress Avenue and
Lawrence Road
Boynton Beach
Vacant - Out-parcel of Wal-Mart Super-center Site.
2,928 SF Fast Food Restaurant
566 @ 45% Pass-by plus internalization
56 AM Peak Hour
2004
Municipality:
Existing Uses:
Proposed Uses:
New Daily Trips:
New PH Trips:
Build-out Year:
Based on our review, the Traffic Division has determined that the project meets the
Traffic Performance Standards of Palm Beach County.
If you have any questions regarding this determination, please contact me at 684-4030,
Sincerely,
EER
11/).
cc: Kimley Horn & Associates Inc.
"_J~
File: General - TPS - Mun - Trafic Study Review
F 1\ TRAFFIClmalAdminlApprovais\030605.doc
I:
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SOUTH FLORIDA WATER MANAGEMENT DISTRICT.0f<
('''- ,
'('I ,
:1,/ '" \ i,;;..;
3.101 Gun Club Road, West Palm Beach, Flurida 33406 . (5A1) 6Hh-HHOO . FL \VATS 1 8UU 432-204.r:; . TIJD (561) 697-25:4
Mailing Address: P D. Box 24680, \-Vest 1\11rn Beach, FL 3341h-4680 . \VWvv.stwmd.gov
'~~~~"~rv.,..,
M'\'ir:.:"~'''fi~..".~ . rr:;:O
J U l - 7 2003
NOTICE
1 FI:-,"
";-,-
~ ' _ , "i '. '.,; .-', :_
June 30, 2003
Subject:
Environmental Resource Permit Application
Application No. 030625-19
Applicant Schiappa Foods Corporation
Palm Beach County, S 19fT 45 SIR 43 E
The South Florida Water Management District is currently processing the attached application. If
you have any comments or objections concerning this project, please submit them in writing to
this office within 30 days of receipt of this notice.
This is also an opportunity for applicable State agencies to concur with or object to the proposed
project under the federal consistency provision of the Coastal Zone Management Act. Review
must be in accordance with the procedures adopted by the Interagency Management Committee
on October 25, 1989. Findings of inconsistency must describe how the project conflicts with your
agency's statutory authorities in the Florida Coastal Management Program and provide
alternative measures. if any. which would make the project consistent. Commenting agencies
must provide a copy of all consistency comments letters to the Florida Coastal Management
Program Director. Department of Community Affairs, 2555 Shumard Oak Boulevard, Tallahassee,
Florida 32399-2100.
Please refer to the applicants name and application number as referenced above in any
correspondence to help facilitate processing. Questions concerning this project should be
addressed to Rob Robbins at (561) 682-6951 or Tony Waterhouse at (561) 682-6867.
BAC:rd
Attachments
c:
US Army Corps of Engineers
Fish and Wildlife Conservation Commission, Bureau of Protected Species Management
Department of State, Division of Historical Resources
Regional Planning Council
Department of Community Affairs
Palm Beach County DERM
CilITR,\'/iVC BI !.~RU
E\F1-{fTllT Orrrn
Niclllas !. Culil'rrl'/', Ir, f<;q., (//1111
Pamela Brollks Thom<ls, 11,,'(11111I
Irl'I,1 M. Bague
Michael Collins
I--lugh M. English
Lenn.1rl E. Lindahl, !'.L
Kl'\'ln \kC<lrly
Harkll'Y R. Thornton
Trudi K. \VilJi<lm", 1'.1"
llcnn' Dl'<111, L 1/"1/11<'1" 0111'1/(11
I
OWNERISI OF LAND
ENTITY TO RECEIVE PERMIT IIF OTHER THAN OWNERI
NAME Schiappa Foods Corp.
NAME Todd Howder
ADDRESS 200~208 South 4th Street
ADDRESS 601 21st Street, Suite 400
CITY, STATE, ZIP Steubenville, OH 43952
CITY, STATE, ZIP Vera Beach, FL 32960
COMPANY AND TITLE Schiappa Foods Corp.
COMPANY AND TITLE Kimley-Horn and Associates, Inc.
TELEPHONE 17401 284-1470
FAX (7401 284.1477
TELEPHONE 17721 562-7981
FAX 17721 562-9689
AGENT AUTHORI2EO TO SECURE PERMIT IIF AN AGENT
IS USEDI
CONSULTANT IIF DIFFERENT FROM AGENT)
NAME
NAME Todd Howder
COMPANY AND TITLE
COMPANY AND TITLE Kimley-Horn and Associates, Inc.
ADDRESS
ADDRESS 601 21$1 Street, Suite 400
CITY, STATE, ZIP
CITY, STATE, ZIP Vero Beach. FL 32960
TELEPHONE
FAX
TELEPHONE (772) 562.7981
FAX (7721 562-9689
Name of project, including phase if applicable Arby's Boynton Beach (part of Wal-Mart Boynton
Beach Supercenter site)
Is this application for part of a multi-phase project? 0 yes l2J no
Total applicant-owned area contiguous to the proiect .95 ac
Total project area for which a permit is sought .95 ac
Impervious area for which a permit is sought 0.76 ac
What is the total area (metric equivalent for federally funded projects) of work in, on, or over
wetlands or other surface waters?
_acres _ _ _ _ _ square feet _ _ _ _ _ hectares _ _ _ _ _ square meters
Number of new boat slips proposed. NA
Project location (use additional sheets, if needed)
County lies) Palm Beach
Section(s) 19 Township 45 South Range 43 East
Section(s) _ _ _ _ _ Township _ _ _ _ _ Range _ _ _ _ __
land Grant name, if applicable _ _ _ _ _
Tax Parcel Identification Number
Street address, road, or other loca-tion- Old Bovnton Road & Winchester Park Blvd.
, .
,
2
0:306,25 1~
City, Zip Code if applicable City of Boynton Beach
Describe in general terms the proposed project, system, or activity,
The project involves the development of a currently vacant .95 acre outparcel. which existed
formerly as a vacant outlot at the new Wal-Mart Supercenter site in the City of Boynton Beach,
FL. The drainage for this proposed site was previously permitted under SFWMD Permit No. 50-
03824-P-03.
The site's drainage will be routed through the proposed on-site drainage system into the
existing drainage stub provided by Wal-Mart. The drainage will then be routed to the Wal-Mart
drainage pond.
The maximum impervious area allowed for this site per the Wal-Mart permit is 80%. The
proposed impervious drainage area for which the permit is sought is 80%.
If there have been any pre-application meetings. including at the project site, with regulatory
staff, please list the date(s), location(s), and names of key staff and project representatives. No
pre-application meetings have been held on this project.
Please identify by number any MSSW/Wetland resource/ERP/ACOE Permits pending, issued or
denied for proiects at the location, and any related enforcement actions.
Agency Date
NA
No.\Type of Application
Action Taken
NA
NA
Note:The following information is required only for projects proposed to occur in,on or over
wetlands that need a federal dredge and fill permit and/or authorization to use state owned
submerged lands and is not necessary when applying solely for an Environmental Resource
Permit. Please provide the names, addresses and zip codes of property owners whose property
directly adjoins the project (excluding applicant). Please attach a plan view showing the owner's
names and adioining property lines. Attach additional sheets if necessary. NA. There are no
proposed wetland impacts. Thus, a permit from the U.S. Army Corps of Engineers is not
required.
1. 2,
3.
4
3
By signing this application form, I am applying, or I am applying on behalf of the applicant, for the permit and
any proprietary authorizations identified above, according to the supporting data and other incidental
information filed with this application. I am familiar with the information contained in this application and
represent that such information is true, complete and accurate. I understand this is an application and not a
permit, and that work prior to approval is a violation. I understand that this application and any permit issued
or proprietary authorization issued pursuant thereto, does not relieve me of any obligation for obtaining any
other required federal, state, water management district or local permit prior to commencement of
construction. I agree, or I agree on behalf of my corporation, to operate and maintain the permitted system
unless the permitting agency authorizes transfer of the permit to a responsible operation entity. I understand
that knowingly making any false statement or representation in this application is a violation of Section
373.430, F.S. and 18 U.S.C. Section 1001.
Applicant (If n~ Agent is used) or Agent (If one is so authorized ~elow)
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Agent Date
Albert Schiappa. Schiappa ood Corps. Inc.
(Corporate Title if applicable)
AN AGENT MAY SIGN ABOVE ONLY IF THE APPLICANT COMPLETES THE FOLLOWING:
I hereby designate and authorize the agent listed above to act on my behalf, or on behalf of my corporation, as
the agent in the processing of this application for the permit and/or proprietary authorization indicated above:
and to furnish, on request, supplemental information in support of the application. In addition, I authorize the
above-listed agent to bind me, or my corporation, to perform any requirement which may be necessary to
procure the permit or authorization indicated above. I understand that knowingly making any false statement
or representation in this application is a violation of Section 373.430, F.S. and 18 U.S.C. Section 1001.
Typed/Printed Name of Applicant
Signature of Applicant/Agent
Date
(Corporate Title if applicable)
Please note: The applicant's original signature (not a copy) is required above.
PERSON AUTHORIZING ACCESS TO THE PROPERTY MUST COMPLETE THE FOLLOWING:
I either own the property described in this application or I have legal authority to allow access to the property,
and I consent, after receiving prior notification, to any site visit on the property by agents or personnel from
the Department of Environmental Protection, the Water Management District and the U.S. Army Corps of
Engineers necessary for the review and inspection of the proposed proiect specified in this application. I
authorize these agents or personnel to enter the property as many times as may be necessary to make such
review and inspection. Further, I agree to provide entry to the project site for such agents or personnel to
monitor permitted work if a permit is granted.
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Date
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FOR AGENCY USE ONLY tJ -SlJl$?~ 5- /'9
DEPIWMD Application # .
Date Application Received
Fee Received
$ c
Fee Receipt
ACOE Application #
Date Application Received
Proposed ProjectLat. _N_u~O
Proposed Project Long. -"-"-----N_;J_O
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SECTION A
Are any of the activities described in this application proposed to occur in, on, or over wetlands or other
surface waters? 0 yes ~ no
Is this application being filed by or on behalf of a government entity or drainage district?
o yes ~ no
A. Type of Environmental Resource Permit Requested (check at least one)
o Noticed General - include information requested in Section B.
o Standard General (Single Family Dwelling)-include information requested in Sections C and
D.
~ Standard General (all other projects) - include information requested in Sections C and E.
o Individual (Single Family Dwelling) - include information requested in Sections C and D.
o Individual (all other proiects) - include information requested in Sections C and E.
o Conceptual - include information requested in Sections C and E.
o Mitigation Bank Permit (construction) - include information requested in Section C and F.
( If the proposed mitigation bank involves the construction of a surface water management
system requiring another permit defined above, check the appropriate box and submit the
information requested by the applicable section. )
o Mitigation Bank (conceptual) - include information requested in Section C and F.
B. Type of activity for which you are applying (check at least one)
OConstruction or operation of a new system including dredging or filling in, on or over
wetlands and other surface waters.
o Alteration or operation of an existing system which was not previously permitted by a WMD
or DEP.
~ Modification of a system previously permitted by a WMD or DEP. Provide previous permit
numbers. 50-03824-P-03
o Alteration of a system 0 Extension of permit duration 0 Abandonment of a
system
~Construction of additional phases of a system 0 Removal of a system
C. Are you requesting authorization to use State Owned Lands. 0 yes ~ no
(If yes include the information requested in Section G.)
D. For activities in, on or over wetlands or other surface waters, check type of federal
dredge and fill permit requested:
o Individual 0 Programmatic General
o General 0 Nationwide ~ Not Applicable
E. Are you claiming to qualify for an exemption? Oyes ~ no
If yes provide rule number if known.
SECTION C
Environmental Resource Permit Notice of Receipt of Application
This information is required in addition to that required in other sections of the application. Please
submit five copies of this notice of receipt of application and all attachments with the other required
information. PLEASE SUBMIT ALL INFORMATION ON PAPER NO LARGER THAN 2' x 3'.
Project Name: Arby's Boynton Beach, FL
County: Palm Beach County
Owner: Schiappa Food Corps, Inc.
Applicant: Schiappa Food Corps, Inc.
Applicant's Address: 200-208 South 4th Street, Steubenville, OH 43952
1. Indicate the project boundaries on a USGS quadrangle map. Attach a location map showing the
boundary of the proposed activity. The map should also contain a north arrow and a graphic
scale; show Section(s), Township(s), and Range(s); and must be of sufficient detail to allow a
person unfamiliar with the site to find it. See attached enclosures
2. Provide the names of all wetlands, or other surface waters that would be dredged, filled,
impounded, diverted, drained, or would receive discharge (either directly or indirectly), or would
otherwise be impacted by the proposed activity, and specify if they are in an Outstanding Florida
Water or Aquatic Preserve: NA.
3. Attach a depiction (plan and section views), which clearly shows the works or other facilities
proposed to be constructed. Use multiple sheets, if necessary. Use a scale sufficient to show
the location and type of works. See attached plan sheets.
4. Briefly describe the proposed project (such as "construct a deck with boats he Iter" , "replace two
existing culverts", "construct surface water management system to serve 150 acre residential
development"): Develop vacant outparcel with proposed Arby's Restaurant and associated
parking.
5. Specify the acreage of wetlands or other surface waters, if any, that are proposed to be
disturbed, filled, excavated, or otherwise impacted by the proposed activity: NA.
6. Provide a brief statement describing any proposed mitigation for impacts to wetlands and other
surface waters (attach additional sheets if necessary): NA. Mitigation is not required for this
project.
I Application Name.
FOR AGENCY USE ONLY
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SITE
95
WATER/SANITARY SEWER
CITY OF BOYNTON BEACH
100 E BOYNTON BEACH BLVD.
P.O. BOX 310
BOYNTON BEACH, FLORIDA 33425
PETE MAZZELLA (561) 375-6416
FAX (561) 731-0065
WATER/SANITARY SEWER PERMITS
PALM BEACH COUNTY HEALTH DEPARTMENT
901 EVERNIA STREET
WEST PALM BEACH, FLORIDA 33401
DUTCH HOLLAND
(561) 335-3070
ELECTRIC
FLORIDA POWER AND LIGHT
810 CHARLOTTE AVENUE
WEST PALM BEACH. FLORIDA 334
J. D. OWEN
(561) 616-1612
FAX (561) 616-1625
TELEPHONE
BELL SOUTH
2021 S. MILITARY ROAD
WEST PALM BEACH, FLORIDA 33
JACKIE FERGUSON
(561) 439-9190
FAX (561) 964-6532