REVIEW COMMENTS
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MEMO NO. 91-038
,
FROM:
Chris Cutro, Director of Planning
Don Jaeger, Building and Zoning Director
Vincent Finizio, Administrative Coordinator of Engineering
J. Scott Miller, City Manager
February 15, 1991
Boynton Beach Promlnade
TO:
DATE:
SUBJECT:
This office has undertaken a review of the file on the Boynton Beach
Promanade project in order to assess whether or not site lighting need be
installed as a requirement of the code. The following facts and events are
evident and existent in this case.
1. The original plans submitted by the applicant to the Planning
Department for this renovation project, and subsequently reviewed by
the TRB did not show changes to the existing site lighting; nor did
the plans possess a site lighting plan.
2. The site plan modification was reviewed by the TRB on June 5th, the
Planning and Zoning Board on June 12th, the Community Appearance Board
on June 18th, the City Commission on July 3rd, back before the
Community Appearance Board on July 16th (per direction of the City
Commission on July 3rd), and back before the City Commission on July
17th where said plan was approved. Site lighting was neither
discussed, required, or approved at any of these meetings.
3. The applicant of his own volition, and after Commission approval,
revised the existing lighting, submitted and received final sign-off
on plans that included site lighting.
4. Upon review of the application and the work proposed the extent of the
site plan modification did not trigger the appropriate provision that
in essence would require the enforcement of the landscape or parking
lot code.
5. The Engineering report generated at the time of the TRB meeting pro-
cess did not state or indicate a requirement that site lighting be
brought to code.
Based upon the aforementioned, it is the determination of this office that
the Boynton Beach Promanade project does not require the enforcement of
site lighting per the parking lot code. The applicant has agreed to install
lighting per a recently submitted plan. It is expected that all
appropriate departments sign off in an appropriate manner.
RECEIVED
q\
FEB 19
PLANNiNG DE.PT.
JSM:cd
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M E M 0 RAN DUM #91-022
TO:
J. Scott Miller
City Manager
DATE: February 15, 1991
FROM:
Sue Kruse
City Clerk
SUBJECT: Water Service Agreement
Louis & Ira Alweiss
Attached please find a copy of the above mentioned water service
agreement which was recorded at Palm Beach County on January
31, 1991.
~J~ ~/><,y-,
Sue Kruse
mas
Attachment
cc: Utilities Director
Planning Director
Engineering Administrator
Customer
RECEIVED
FEB 19 q I
PLANNING DEPT.
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AGREEMENT FOR WATER SERVICE OUTSIDE THE CITY LIMITS
This agreement, made on this #' day of --::2J=tZE/7?8€~ ,19~
by and between ~d/.5 ~ --ze.,;, ~/E'/=5 , herei nafter
called the "Customer", and the City of Boynton Beach, a municipal cor-
poration of the State of Florida, hereinafter called the "CITY".
WITNESSETH, that the Customer, his heirs and assigns, for and in con-
sideration of the privilege of receiving water service from the Municipal
Water System agrees to the following:
1. The City agrees to provide Customer with water services from its
Municipal Water System only as necessary to service the project described
in the Application for Water Service submitted by Customer. The Customer
has specified that there will be ~O.\t# Equivalent Residential
Connections and the City hereby agrees to serve those IO./~
tquivalent Residential Connectior.s.
2. The Customer agrees to pay all costs of engineering, material,
labor, installation and inspection of the facilities as required by the
City Code to provide service to the Customer's premises. The Customer
shall be responsible for installation and conformance with all applicable
codes, rules and regulations of all service lines upon the Customer's prem-
ises and all such lines shall first be approved by the Director of
Utilities and subject to inspection by the City Engineers. The City shall
have the option of either requiring the Customer to perform the necessary
work or the City may have the work performed in which case the Customer
will pay in advance all estimated costs thereof. In the event the City has
such work perfonmed, the Customer will also advance such additional funds
as may be necessary to pay the total actual costs.
3. Any main extension made under the Agreement shall be used only for
the Customer, unless penmission is granted by the City of Boynton Beach for
other party or parties to connect pursuant to the Code of Boynton Beach .
4. Title to all mains, extensions and other facilities extended from
the City Water Distribution System to and including the metered service to
Customer shall be vested in the City exclusively.
5. The Customer agrees to pay all charges, deposits, and rates for
service and equipment in connection with water service outside the City
limits applicable under City Ordinances and rate schedules which are n'Ow
applicable or as may be changed from time to time.
6. Any rights-of-way or easements in this area shall be provided by
the Customer.
7. It is understood by the Customer, and shall be binding upon the
Customer, his transferees, grantees, heirs, successors and assigns, that
all water to be furnished, supplied, and sold under this Agreement is made
available from surplus. If the surplus does not exist at the time of
Customer's actual request for commencement of service, as determined ly the
City's Director of Utilities, then this CITY, without liability, may rrefuse
to initiate service to the subject premises.
8. The Customer further agrees in consideration of the privilege of
receiving water service from said City, that the execution of this
Agreement is considered to be a voluntary Petition for Annexation pursuant
to Section 171.044 of t~e Florida Statutes or any successor or am~ndlent
thereto. Furthermore, should any other general law, special act, or local
law be enacted which provides for voluntary or consensual annexatioa.; this
Agreement shall also be considered a petitionary request for annexation
under such other laws. The premises shall be subject to annexation ~t the
option of the City at any time they are eligible under anyone or mire of
the above referenced laws concerning annexation. Customer will inflmn any
and all purchasers of any or part of this property of this volunta~
petition for annexation and its applicabilities to such purchasers.
9. The Customer acknowledges that this covenant for annexatiOl; is,
intended to be and is hereby made a covenant running with the land
described in "Exhibit A", attached hereto and made a part hereof.. .is
Agreement is to be recorded in the Public Records of Palm Be~~h C~.
Florida, and the Customer and all subsequent transferees, ~rc1ntee:s..lreirs
or assigns of Customer shall be bound by this Annexation Agreeme~t.
5/2611m
=;RE' ,.s 71 t:. ,__ 1093
-
10. It is agreed that the City shall have no liability in the event
there is a reduction, impairment or termination in water service to be pro-
vided under this Agreement due~to any prohibitions, restrictions, limita-
tions or requirements of local, regional, State or Federal agencies or
other agencies having jurisdiction over such matters. Also the City shall
have no liability in the event there is a reduction, impairment or term-
ination of water service due to acts of God, accidents, strikes, boycotts,
blackouts, fire, earthquakes, other casualties or other circumstances
beyond the City's reasonable control.
11. The Customer hereby agrees to indemnify, defend and hold harmless
the City of Boynton Beach, Florida, its Mayor, Members of City Commission,
Officers, employees and agents (both in their individual and official capac-
ities) from and against all claims, damages, law suits and expenses
including reasonable attorneys fees (whether or not incurred on appeal or
in connection with post judgement collection) and costs rising out of or
resulting from the Customer's obligation under or performance pursuant to
this Agreement
12. It is understood by Customer and by the City that the attached
site plan "Exhibit B" has been reviewed ~y the City of Boynton Beach for
compatibility with the City's comprehensive plan as it relates to land use
and density, found to be generally acceptable to the City and is to be the
guide for development of this subject land. In the event that the site
plan is not approved there shall be no commitment on the part of the City
to serve Customer if a subsequent site plan results in a change in land
use, density or an increase in equivalent residential connections.
13. No prior or present agreements or representations shall be bind-
ing on any of the parties hereto unless incorporated in this Agreement. No
modifications or change in this Agreement shall be valid upon the parties
unless in writing executed by the parties to be bound thereby.
this IN W}~[iS ~~~R~~F, ~~_~:::2lJ:-hereto have,s~~,-~~ir hands and seals
WITNESS:
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FOR CORPORATION NOTORIZATION:
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STATE OF
COUNTY OF
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I HEREBY CERTIFY that on this day, before me, an officer duly
authorized in the State aforesaid and in the County aforesaid to take
acknowledgements, personally appeared LblJ/~ I)Lliltc-/5.( and
/K/J 4L/,Ue./~ r well known to me to be the President and
Secretary respectively of the corporation named in the foregoing Agreement
and that they severally acknowledged executing ,the same in the presence of
two subscribing witnesses freely and VOluntarily under authority duly
vested in them by said corporation and that the seal affixed thereto is
the true corporate seai of said curporation.
WITNESS my hand and of~icial seal in the County and State last afore-
sa id thi s 14~11-- day of }L,1-~-.-, I--z... , 19r-t.i... '
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Notary Pub 1 i c .
(Notary Seal)
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My Commission ~xpfres:
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5/26/89
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WITNESS: ~
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y of ~ton Beach v'
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CIUI/O~~~,~HON BEACH, FL
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(Co rrr., Sea 1 }' ~~:
STATE OF FLORIDA )
COUNTY OF PALM BEACH )
I HEREBY CERTIFY that on this day, before me an officer duly
authorized in the State aforesaid and in the County aforesaid to take
acknowledgements, personally appeared GENE MOORE ,
Mayor and PEGGY WHITE BOULLE, Deputy City Clerk well known to me to be
the Mayor and DeputyCity Clerk respectively of the City nam~d in the
foregoing agreement and that they severally acknowledged executing the same
in the presence of two subscribing witnesses freely and voluntarily under
authority duly vested in them by said City and that the City seal affixed
thereto is the true corporate seal of said City.
WITNESS my hand and official seal in the County and State last afore-
sa id thi s 10th day of DECEMBER 19 90.
(Nota ry Sea 1)
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NotaryPubl1c ",/.,,,,, _'
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as to form:
My Conmission fixpires:
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Ci ty Attorney
Legal Description Approved:
J:€e*-)(zi~ , /; c .
rCr' "tfI{ZCity Engineer
5/26/89
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6716 pg 109=
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EXHIBIT "A"
. -;) Thi. in."umln' wa. p,.pa,ed by.
~ Nom. JOliN llUHE, Esquire
J InrME ,. JOIINSON P,A.
Md,... 5100 North Feder.!!-!!.!JhvA)'
Suite 405
Fort Lau~e,dA1e. FL 33308
7Wal'11anly . IJeed
(swuroRY IOIM-mllON 689.07 , S.)
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GERALD SOUTIIERTON and JOAN G, SOUTHERTON, hiA wife
of ,h. Counly 0/
Wayne
. 5'0'. 01 Pennsylvunia
. oro,,'o,-. ond
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ARCADIA PROPERTIES, INC,
whose pc". oUic. odd,.,", it
1451 Eart 10th Avenue, Hialeah, Florlda 3~lO
of 'hI Counly 0/ Dade
Florida
, 5101.0/
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;'itnr8l1rl~. 'hat ,oid 0'0"'0'. for and in con,id.fo,ion 0' .he sum of ___~______________________
---------------------Ten And no/100 . ($10.00)------------------ -----00110",
and o,h.,. Qood and valuable cnn,ideration' to wid orontor in hand paid by ,oid oron'". ..... r..:.ipl w~re-o' it ......eby
od,no_r.dOf'd, hat grant.d. borQoinfd ond sold ro the ,oid grant... and oran'H', hei", ond Duion, 'or.".,. the 'ollowinO
d.sc,ib.d lond. ,iluCI'.. 'yinO and being in PIIlm Beach County. _Florida: ,~o.witt
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The West 150,04 feet of the East 203.04 feet of the South 548,68 feet and th~ \.lest
150.04 feet of the Esst 203,04 feet of the North 732,31 feet of the Southeast 1/4
of the Northeast 1/4 of Section 2, Township 46 South, Range 42 Eaat.
Subject to: zoning And/or restrictions and prohibitions imposed by governmental
authority; Restrictions, easements and other matters appearing on the plat and/or
common to the subdiv1aion; Taxes for the year 1981,."widlOlJt rein:posing any of the
above .
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. ~; "" .~ ,,~'I.nl \:'.':'.;.:':;~' I I 7...501.
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and ...id g,an'o, doe. h., '"by /"lIy .worran' 'he tille 10 .aid land. and ...ill de/end ,.... ....... agoin,' 'h. law/ul clai"" 0/ an
personl .homloever.
· '"Grantor" ond uo'onl~." ore- us.d '0' ,ingulo, Of' plurol. at con'ea' ,.qu;,el.
leI :'o~~':;:~:f ~aJ W~~' abo.. wnllen.
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GERALD SOUTIIERTON
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JOAN G. SOUTHERTON'
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STATE OF FLORIDA
COUNTY OF BROWARJ)
tlEAEIlY CERTIFY Ihat on thi, doy b.lo,e mi. an office' <fuly au"r;ried '0 'O~I ..c~nG...lldvm.nh. Plnonolly oppoo,..f
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GERALD SOUTIlf.RTON An" ,JO^N G. !lOUTIIERTON, his vife,
:~ m~ :..ou_.. :: !::~ !~~ ::"~!'!~~ 8 !,I'!','!:..;'b~~ in t.'nd who ._.,u'ed .... roreOofn9
they ..Icul.d Ih. 'ame.
WI1NESS my hand and olliciol
1981.
inttrum<nf Of'\~ odlnowlifdo.d kfo,. m. tho.
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PALM BEACH COlJt/fY . I;TATE OF FLORIDA
I her!'bv cf'rtily thnt tho
forP.goi"iJ i:l a lrun copy
of tho rc::o:d in my officI"
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JOlIN rJ. DUNKLF
J/ I Clp.r~ t.itfflit Court
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ORB 6 71.~ pg 1096
'The City of
tJ3oynton tJ3each
100 'E. 'Boynton 'Beacfi 'Boulevard'
P.D. 'Bo:t310
'Boynton 'Beacfi} J:[orida 33425-0310
City J-fa[l; (407) 734-8111
:J,"lX; (407) 738-7459
EXHIBIT "B"
SITE PLAN ON FILE IN CITY CLERK"'S OFFICE
5lmerica's gateway to tFte gulfstream
R~:C;C~O VERIFIED
PALM BEACH COUNTY, FL
JOHN 8. DUNKLE
C.LERK CIRCUIT COURT
PLANNING DEPT. MEMORANDUM NO. 90-217
(AGENDA MEMORANDUM)
TO: J. Scott Miller, City Manager
FROM: Timothy P. Cannon, Interim Planning Direct?r
DATE: July 10, 1990
SUBJECT: Boynton Beach Promenade - Site Plan Modification
File No. 506
The purpose of this memorandum is to inform you that, at the July
5, 1990 staff meeting, the Utilities Director recommended that
the use of potable water for landscaping irrigation should be
discontinued at this site and replaced with water drawn from a
well or from the nearby retention pond.
;;:~~
T OTHY P. CANNON
JJG:frb
A:PM90-217
STAFF COMMENTS
BOYNTON BEACH PROMENADE
SITE PLAN MODIFICATION (RENOVATION)
BUILDING DEPARTMENT
ENGINEERING DEPARTMENT
UTILITIES DEPARTMENT
POLICE DEPARTMENT
PLANNING DEPARTMENT
See attached memorandum
See attached memorandum
See attached memorandum
See attached memorandum
See attached memorandum
BUILDING DEPARTMENT
MEMORANDUM NO. 90-249
June 6, 1990
THRU:
Timothy Cannon, Interim Planning Director
Don Jaeger, Building & Zoning Official~~~
Michael E. Haag, Zoning & site DeveloP~~Administrator
TO:
FROM:
RE:
SITE PLAN MODIFICATION - BOYNTON BEACH PROMENADE (Renovation)
Upon review of the above mentioned project, the following comments
must be addressed in order to conform with Boynton Beach City
codes:
1. Provide a recent survey of the site.
2. All drawings and/or documents submitted for public record and
prepared by a design professional shall show original raised
seal (legible) and signature of a Florida registered design
professional responsible for the drawings.
3. Identify on the plans the color of all new exterior finish
material located on the site including the signage and
awning.
4. Show on the plans the computations used to determine the
number of required parking spaces. Identify the total number
of parking spaces required and provided.
5. Show on the drawings the location of the object identified as
G-3. Provide detailed drawings of objects G-13 and G-20.
6. Show on the plans the location and type of signage proposed
for the new tenant spaces located on the west side of the
building.
7. Provide a note on the drawing stating that the existing free
standing sign located on the site will be removed prior to
the completion of the new work.
8. Provide percentage of native species for site landscaping.
9. Provide a continuous visual barrier to screen on site vehicle
use area from the public right-of-way (mall access drive).
Chalkas, ligustrum and buttonwood hedges are shown to be
removed without replacement.
10. Show a continuous visual barrier to screen on site vehicle
use area from west of property abutting a retention pond.
In order to facilitate the permitting process, the following
information should be included with your documents submitted to the
Building Department for review and permitting:
1. All structural working drawings must be prepared, signed and
sealed by a Florida registered architect and/or engineer.
2. All signage must comply with the sign code. The number of
free standing signs shown on the site exceeds the number
allowed by the sign code. I recommend obtaining a sign code
and revisit the signage shown and submit drawings complying
with the sign code.
3. This project will require Community Appearance Board approval
for the architectural features and signage.
Provide written verification from all parties which have use
of the easement where the new free standing sign will be
located that the location of the new sign will not conflict
with their use of the easement. Written verification must
link specifically with the drawings submitted for review and
~ JPermitting.
~f?~~
4.
meh:eaf
PROMENAD.SDD
EH;INEERING DEPARIMENI' MEMORANOOM NO. 90-162
Jrme 1, 1990
TO: J. Scott Miller
City Manager
FROM: Vincent A. Finizio
Acting Assistant to the City Engineer
RE: T .R.B. CaTments
Site Plan Modification
Boynton Beach prarenade Renovation
MI' Fuller Architects
In accordance with City of Boynton Beach Code of Ordinances, Chapter 19,
Section 19-17 "Site Plan Review and Approval" including Chapter 5, Article X,
"Boynton Beach Parking Lot Regulations", Section 5-142 "RB:Iuired Improverrents" ,
the applicant for the above referenced project shall provide the follo..,ring
information, technical data and plan revisions.
1. The "Stop Signs" shown en Sheet #2, do not carply with the Manual on
Uniform Traffic Control Devices pursuant to Florida Statute 316.0747,
Depari:Irent of Transportation Standard Specifications and Section 5-142 (g)
"Traffic Sign Standards". Decorative stop signs are prohibited. Utilize
a standard R-l-l step sign Irormted seven (7) feet above grade to bottan of
the sign. Sign shall be grouted in place so as not to becare a hurricane
hazard. Step signs are i.rrproperly located and shall be located at property
line.
2. Handicap signs to be mounted seven (7) feet above grade to bottan of sign
in conformance with the latest edition of the Accessibility Requirerrents
Manual, DePartrrent of Crnmunity Affairs. Section 4-142 (k) "Handicap
Requirarents".
3. Depressed grassed drainage areas shall not be benred as depicted on Sheet
PL 1 and PL 2. Trees may be planted within grassed swale inverts. Revise
landscape plan to ccmpli.Irent previously designed and approved drainage
gradients and contours.
4. Provide construction plans and striping details for the additional parking
stalls. Details shall include raised continuous l~" x 6" X 8" concrete
curbing in confornEIlce with Section 5-142 (g) "Standards".
5. Provide a current survey which is a required sul:mittal dOC1.D1'eI1t for the
Site Plan Review process.
Q. _-*A~: ()
Vincent A. Finizio
VAF/ck
cc: Jim Golden, Senior City Planner
...
RECEIVED
JUN 1 199r
PLANNING DEPT,
v
-&
MEMORANDUM
Utilities #90-357
TO: Timothy Cannon
Interim Planning
FROM: John A. Guidry
Director of Utilities
DATE: June 5, 1990
SUBJECT: TRB Review - Boynton Beach Promenade (renovation)
We can approve this project, subject to the following
conditions:
1. Irrigation is not to be supplied by City water.
2. Project ID sign "Gi9" is shown in the utilities easement.
Redesign the sign to minimize possibility of damage due to
failure or maintenance of underground utilities and provide
the City with a hold-harmless agreement should your design
prove inadequate.
3. Show details of ribbon on pump station.
4. An 8" water,main runs along the south face of the develop-
ment following the existing parking lot. Monitor A-1 south
face needs to be relocated outside of the utility easement.
Pavement material in south Promenade needs to be specified
and approved by City Utility Department.
dmt
bc: Michael Kazunas
MEMORANDUM
POLICE # 90-075
TO:
Mr. James Golden
FROM:
Lt. Dale Hammack
RE:
Promenade
DATE:
June 6, 1990
As per our discussion at the Technical Review Board meeting of
5 June 1990, I am recommending the following:
1. No parking along throat of East entrance off North mall road.
2. Stop signs conform to DOT standards.
3. Median along North mall road to remain.
t;f)aL( ~
Lt. Dale Hammack
DH/cm
RECEIVED
JUN '1 1990
PLANNING DEPT.
PLANNING DEPARTMENT MEMORANDUM NO. 90-170
TO: Chairman and Members
Planning and Zoning Board
THRU: Timothy P. Cannon It
Interim Planning Director
FROM: Tambri J. Heyden
Assistant City Planner
DATE: June 7, 1990
SUBJECT: Boynton Beach Promenade
Site Plan Modification (renovation) - File No. 50G
Please be advised of the following Planning Department comments
with respect to the above-referenced request:
1. Provide a scale on the elevation sheet. Chapter 19, Article
II, Section 19-17(i).
2. Provide elevations or details for the ribbon accent on the
lift station and dumpster. Chapter 19, Article II, Section
19-17(1).
3. Site plan review is required for all freestanding signs such
as the Gl, GIO, Gll, GIG and G19 signs proposed, however the
Building Department must be contacted with respect to
compliance of these signs and the directory signs with the
Sign Code. Approval of the location of these signs is
contingent upon City Commission approval of a sign variance.
Chapter 21, Section 21-9 and Section 21-14(E)(3) and (8).
4. After researching plans on file in the Building Department
to compare the existing parking lot layout to what is
proposed, it appears that there is a net increase of 19
parking spaces. Since a surveyor "as-built" site plan was
not submitted, the change in the number of parking spaces
should be verified. Appendix A, Section 11.A.l.
5. Label the sign details on pages 1 and 2 using the SYmbols
from the key on sheet A-I.
G. The elevations on sheet 3 are to be labeled.
7. The restaurant parking calculations on page 4 of the site
plan application should be revised to reflect Appendix
A-Zoning, Section 11.H.IO,11 and IG.d.(2),(18) and (20).
8. At the June 5, 1990 Technical Review Board meeting, the
Technical Review Board unanimously recommended against the
modifications to the median within the north mall access
road. The change requested would result in conflicting turn
movements, via a "shared" turn lane. Westbound vehicles
making a left into the rear of the BOYnton Beach Promenade
would oppose eastbound vehicles making a left into the First
American Plaza and T.G.I. Friday's parcels.
If the City Commission approves the median modification,
documentation shall be provided which verifies that the
owners of the Boynton Beach Mall will authorize this
construction within their access road. Section 19-21(a).
PLANNING DEPARTMENT MEMORANDUM NO. 90-170
TO: Chairman & Members
Planning & Zoning Board
SUBJ: Boynton Beach Promenade -2-
June 6, 1990
9. The Technical Review Board also unanimously recommended
against the requested changes to the parking spaces and
adjacent access aisle near the northern, main entrance to
the shopping center. The existing design is preferred over
the proposed change because it does not permit vehicles to
back out into the access aisle/fire lane along the front of
the shopping center. Vehicles pulling out of this parking
area have limited visibility of vehicles turning into the
shopping center. Section 19-21(a).
_~~~.~/~.J
TAMBRI J. YDEN,
TJH:cp
A:PM90-170
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