CORRESPONDENCE
LAW OFFICES
MOYLE, FLANIGAN, KATZ, FITZGERALD & SHEEHA
625 NORTH FLAGLER DRIVE. 51TH FLOOR
WEST PALM BEACH, FLORIDA 33401
POST OFFICE BOX 3BBB
WEST PALM BEACH, FLORIDA 33402
TELEPHONE (407) 6551-7500
FACSIMILE (407) 659-17B9
PETER L, BRETON
GREGORY D, COOK
JOHN R, EUBANKS, JR,
E, COLE FITZGERALD, m
JOHN F, FLANIGAN
MYRA GENDEL
LYNN G, HAWKINS
MARTIN V, KATZ
WILLIAM B"KING
RONALD K, KOLINS
PAUL A, KRASKER
STEVEN A, MAYANS
LINDA R, McCANN
VIA TELECOPIER
407-375-6090
TALLAHASSEE OFFICE
TELEPHONE (904} 681.3828
FACSIMILE (904) 681-8788
STUART OFFICE
TELEPHONE (407) 288.1144
FACSIMILE (407) 288-1499
.PALM BEACH GARDENS OFFICE
TELEPHONE (407) 625.6480
FACSIMILE (407, 625-5979
Writer's Direct Line:
(407) 822-0305
February 22, 1996
Tambri J. Heyden
Planning & Zoning Director
City of Boynton Beach
100 East Boynton Beach Blvd.
P.o. Box 310
Boynton Beach, FL 33425-0310
Dear Ms. Heyden:
Re: Boynton Beach Promenade
~
rn @ ~ D ~J m~
. FE- - : I
tl ',I j.' /c.' ~ j I
.I l. l) ,} , . i
I'
PlMJNltJGtTiiJ-'"
./JQ~.S.,.~.!:!Q!'J1Ni: DEFT
JON C, MOYLE, JFr-"-~'
JODY H, OLIVER
MARK E, RAYMOND
THOMAS A, SHEEHAN. III
MARTA M, SUAREZ-MURIAS
WILTON L. WHITE
OF COUNSEL:
uTHOMAS A, HICKEY
'WILLlAM J, PAYNE
.. ADMITTED IN NE.W YORK ONLY
As we discussed earlier, please accept this letter as Max
Developer, Inc. 's request to be placed on the March 7, 1996 City
Commission Agenda. The purpose is to discuss ,and seek a
clarification of Condition Number 5 of the Zoning Department
Memorandum dated January 7, 1994 relating to the Weiver of! Plat
approved by the City Commission on February 1, 1994. This request
is made with the understanding that only the cross-parking
easement issue will be discussed and that this will not reopen the
conditions generally.
Please call me if you have any questions.
JFF : j d
6548E
John F.
~rJ
fJJie City of
'Boynton 'Beacli
!
! i! I ' ,
"l,' ''is I
100 'E. 'Boynton 'Bead.. 'Boulevara
P.O. 'Bo~310
'Boynton 'BUJlh., ~foritfa 33425-0310
City:Jfal(: (407) 375-6000
~JU: (407) 375-6090
,
I
,
!I
" ,
VIA FAX (713)-785-9933
February 29, 1996
Banc One Commercial Loan Origination Corporation
c/o Margaret Gay
3030 South Gessner, Suite 280
Houston, Texas 77063
RE: Boynton Beach Promenade
901 North Congress Avenue - Suites A, B, C and D
Boynton Beach, Florida 33426
Dear Ms. Margaret Gay:
The Boynton Beach Promenade, located on a parcel on the west side of
North Congress Avenue in Boynton Beach, Florida, more specifically
described in the above-referenced address and in the legal
description in Exhibit "A", is zoned C-3, Community Commercial. The
uses within this shopping center (retail office supplies, a realty,
doctors' offices, a hair salon, a dentistry, business and
professional offices, financial services and instruction for office
occupations) are permitted within the C-3 zoning district. The
property is in compliance with all zoning code regulations pertaining
to minimum lot frontage, minimum lot area, maximum lot coverage,
maximum structure height and structure setbacks.
As to parking, the main shopping center building parcel, the Olive
Garden restaurant parcel and the Carney Bank parcel cumulatively
provide 388 total parking spaces, which is ten spaces more than
required. When each of these parcels within the Boynton Beach
Promenade are evaluated separately, the Carney Bank parcel has an
excess of twelve spaces, with the remaining portion of the shopping
center having a code deficiency of two spaces.
I trust that the above information addresses all your zoning
verification letter requirements necessary for refinancing the
Boynton Beach Promenade.
Sincerely,
tjh
Attachments
xc: John J. Hoecker; Max Developers, Inc.
Ron Kolins; Moyle, Flanigan, Katz, Fitzgerald & Sheehan, P.A.
A:PromZong
Tambri J. Heyden
Planning/Zoning Director
.9Lme,ua's (jateu'ay to tfie (julfstream
PLANNING AND ZONING DEPARTMENT MEMORANDUM ~94-004
FROM:
Chairman and Members of the
planning and Development Board
Tambri J. HeYden...-LPu: Q _7L.~
Acting Planning and Zoning ~i~or
Michael Haa~~~
Site and zoni~evelopment Administrator
January 6, 1994
TO:
THRU:
DATE:
RE:
Max Developers - File No. 800
Waiver of Plat
NATURE OF REQUEST:
Mr. John Hoecker, agent for Max Developers, Inc., owners of
Boynton Beach Promenade, is requesting City approval to SUbdivide
the promenade property to create th. carney Sank property.
Boynton Beach pCQm_n_de 18 located at 901 North Congress Avenue.
BACKGROUND:
Boynton Beach Promenade is an outparcel to the Boynton Beach
Mall. The original Promenade contained approximately six point
five (6.5) acres. The Promenade site is located in a C-3 zoning
district. On August 10, 1993, the Planning and Development Board
approved a waiver of plat to subdivide the Promenade site to
create the Olive Garden Restaurant site. The Olive Garden site
is approximately .53 acreS. The proposed carney bank site will
be approximately 1.02 acres.
ANALYSIS:
This request is being forwarded to the Board in conjunction with
the requirements set forth in Article VI of Appendix C
Subdivision and platting RegUlations. The proposed site will not
have a direct ingres./egre.8 to the site from Congress Avenue.
Access to the site will be provided by an access easement through
the promenade site. The Carney Bank property, as described on
the attached survey, is not in compliance with C-3 community
Commercial District regulations specified in Appendix A-Zoning
Code, however, modifying the property to comply with the Planning
and Zoning Department memorandum dated January 6, 1994 reference
File No. 800, will bring the property into compliance with the
regulations. Ther. i. water and sewer service provided to the
site. See Utilities Department memorandum No. 93-534.
RECOMMENDATION(S):
The Technical Review Committee (TRC) met on December 28, 1993 to
discuss th~ request. The consensus of the TRC was to recommend
approval of the request 8ubject to the staff comments identified
in the previou8ly identified Planning and Zoning Department
memorandum dated January 6, 1994 and Utilitie. Department
memorandum NO. 93-134.
MEH/jm
Att.
A:MAXDEVEL.JM
~ ~
PLANNING AND ZONING DEPARTMENT MEMORANDUM
FROM:
Tambri J. Heyden
Acting Planning and Zoning Director
Michael E. Haag~~
Site and Zoning De~sPment Administrator
January 7, 1994
TO:
DATE:
RE:
Waiver of Plat - Boynton Beach Promenade
File No. 800
The following comments are in response to the review of the
documents submitted for the request by Max Developers, Inc. to
subdivide the Boynton Beach Promenade property to create the
proposed Carney Bank site. The applicant shall understand that
the Waiver of Plat is not final until all conditions of approval
are complied with.
1. On the survey, adjust the location of the south property
line to the degree that tne proposed new property includes
park1ng spaces required to support the use of the Carney Bank
building and not include parking spaces that are allocated tor
the Promenade project. Note the following code requlred parking
ratios:
Boynton Beach promenade-Shopping Center: One (1)
parking space per two hundred (200) square feet of
gross leasable floor area.
Carney Bank BUilding - Financial institutions and
services: one (1) parking space per two hundred and
fifty (250) square feet of gross floor area.
and
Offices and office build1ngs not l1sted elsewhere; One
(1) parking space per three hundred (300) square feet
of gross floor area.
Sub.it a t.bula~ .u...rv th..t thaI i..n'~'i'l ~h. ood.
required parkin; .pac,. for 'aoh u.. and ..Iociated
area for the Carney Bank building and the Boynton 'Be.ch
Promenade Shopping Center. Include with the aummary
the code required ratios and computation..
2. On the lurvey, po.iti~n the w..t prop.~ty line 10 that the
rear .etback for the building on the new ait, 1. in oompliance
with the rear setback specified in the code for the C-3 zon1ng
district. Minimum rear yard - 20 feet. Show on the survey all
setback distances. The setback dimensions shall be in compliance
with C-3 zoning requirements.
3. Submit for review a survey of the new property that includes
all eXisting improvements including showing and identify1ng the
following: easement. [their size and type), bUilding
configuration with lengths of each side dimensioned an~ ..~b.ck.
d1m8n810n8d from eech corner of the building (lead1ng edge of the
building overhang) to the adjacent property line, total Qro..
floor area of the bu1lding, number of .torie. and over.11 height,
parking Ipac.. including hand1capped spaces and s1ze of regula~
and handicapped spaces, location of curbing, access aisles
including width, dump.ter enclosurel. sidewalk. including width,
water and sewer connection at the property line, drainage
structures, fire hydrants, FP&L poles and street lights, both
parking lot lights and public right-of-way lights, and landscape
areas including \'Tidth,
Boynton Beach Promenade - Waiver of Plat
Page 2
Note: The surveys required for comments numbers 3 and 4 will be
reviewed by the City following approval of the Waiver of Plat by
the city Commission, however, the Waiver of Plat will not be
finalized until the City approved survey has been recorded wltlJ
Palm Beach County and a copy of same submitted to tne Planning
and Zoning Department.
4. Submit for review a survey of the entire Promenade project
inCluding the Carney Bank and Olive Garden property. The survey
shall include the items identified above In comment number three
(3) .
5. Submit for review a cross access and cross parking easement
agreement. Ensure that the agreement is 1n perpetuity for the
Promenade and Carney Bank property. Modify the easement
agreement to include a clause that covers the responsibility of
maintenance and repair of common improvements that are located 011
one site, but serve as required improvements for the other site,
such as: site lighting, irrigation, drainage. and other services
or utilities. Include all easements on the previously identified
surveys.
Note: The easement agreements and responsibility clause will be
reViewed by the City following approval of the Waiver of Plat by
the City Commission, however, the Waiver of Plat will not be
finalized until the City approved agreement has been recorded
with Palm Beach County and a copy of same submitted to the
Planning and Zoning Department.
MEHjjm
Att.
~
A:PROMPLAT.JM
MEMORANDUM
Utilities No. 93-534
TO: Tambri J. Heyden,
Acting Planning & Zon
FROM: John A. Guidry,
Director of Utilities
DATE: December 30, 1993
SUBJECT: Boynton Beach Promenade (Sale of Carney Bank BUilding)
Request for Exemption from Plat by Max Developers, Inc.
Staff has reviewed the above referenced item and offers the
following comments:
Max Developers, Inc. should notify new owner of the
Carney Bank Building that the sanitary sewer service to
their property is privately owned and maintained by
others, not by the City of Boynton Beach Utility
Department.
It is our recommendation that this item proceed through the
review process.
If you have any questions regarding this subject, please contact
Skip Milor at 315-6407 or Peter Mazzella at 315-6404.
/bks
xc: Clyde "Skip" Mllor
Peter Mazzella 13.
File
00
DEe a 0 .
m
~
MINUTES - REGULAR ~ TY COMMISSION MEETING
BOYNTON BEACH, FLORIDA
FEBRUARY 1, 1994
Commissioner Walshak thought a second motion was necessary to authorize the City
Engineer to issue a penmit. Attorney Cherof advised that such a motion would be
out of order because staff cannot be directed to do something in violation of
the Code.
,
VIII. DEVELOPMENT PLANS
A. Project Name:
Agent:
Owner:
Location:
Description:
Boynton Beach Promenade ...................... TABLED
John J. Hoecker
Max Developer, Inc.
West side of Congress Avenue approximately 1,875 feet
north of Old Boynton Road
Exception to Platting: Request to subdivide Carney
Bank from the Boynton Beach Promenade parcel without
platting
Motion
Mayor Pro Tem Matson moved to remove this from the table. Vice Mayor Aguila
seconded the motion, which carried 5-0.
Tambri Heyden made the presentation and reminded the Commission that this item
was tabled so that staff could work out some of the problems which have arisen.
Ms. Heyden explained that the parcel boundaries, as recorded, do not meet the
setback requirements and there are unique problems with maintenance. The parcel
is part of a previously-approved shopping center which had the building as a
leased-out parcel. It was designed as a unit with the infrastructure serving
all of the out buildings and main structure. Since the parcel has been carved
out, the infrastructure crosses the parcel boundaries. '
The City Attorney, City Manager and staff have discussed the problems and no
consensus has been reached regarding how the zoning, functioning and maintenance
of this common infrastructure is impacted by the waiver of plat. Ms. Heyden
said the Commission's action on this request will indicate to staff how they
would like outparcels to be treated.
She pointed out that there has been an increase in the number of exceptions
received. The reasons for that are as follows:
1. platting is expensive and time consuming. It takes about
three to four months for processing as compared to exception
processing which takes approximately four to six weeks; and
Z. the outparcels are not penmitted their own freestanding signs;
however, platted outparcels are.
r
Historically, subdivided outparcels which were approved as part of the center
had been required to meet aJ1zoning and parking requirements independently. A
change in this philosophy would encourage subdivision of more outparcels in a
center.
"
- 14 -
----~._--~-~-----------,--~----~--~--_._~
,
,-
*
MINUTES - REGULAR Cl COMMISSION MEETING
BOYNTON BEACH, FLORIDA
FEBRUARY 1, 1994
Staff has also discussed whether or not the City should be responsible for doing
cross-access agreements. The City was requiring them when an outparcel had to
rely on the main center for access to their parcel.
Staff recommends approval subject to staff conditions stated in Utilities
Department Memorandum No. 93-534 and Planning and Zoning Department Memorandum
dated January 7, 1994, and if they are to be imposed~ the comments would require
that the parcel boundaries be reconfigured to meet the zoning and parking
requirements.
Vice Mayor Aguila questioned how staff could write a memorandum full of so many
cautions and still recommend approval. Ms. Heyden explained that with the
recommendation, staff recognizes that exceptions to platting are a viable means
of platting outparcels. However, they believe the zoning and parking require-
ments should be met.
Vice Mayor Aguila feels Boynton Beach has too many outparcels and would support
any legislation to stop them entirely. Further, he will not support any outpar-
eel which comes forward without standing fully on its own.
Mayor Hanmening pointed out that this has already been recorded. It subdivided
without going through the City's processes. It was done when the Olive Garden
went through the process. As a condition of that approval, a cross-access
agreement was required to be turned in. That agreement was submitted two months
ago and it was noted that the Carney Bank had been subdivided.
Mayor Hanmening agreed that outparcels should be handled differently than they
have been handled. Approximately three waivers of plat have been approved by
the Commission recently.
Vice Mayor Aguila questioned how this property can meet the parking and setback
requirements. Ms. Heyden said the legal description was overlayed on the last
site plan on record. It appears that the rear setbacks are approximately 2'
short. In looking at the south boundaries, it appears the outparcel was created
without recognition of the underlying parking areas and access isles. Vice
Mayor Aguila asked if the property line could be reconfigured. Mayor Hanmening
said an amended tract can be filed.
In response to Vice Mayor Aguila's question, Ms. Heyden said that if this is
reconfigured, the remaining issues are lighting, irrigation, and utilities.
Mayor Hanmening pointed out that there is a potential for conflict in any of
these areas.
Maurice Rosenstock feels no request should come before the Commission if it can-
not comply with the regulations.
Motion
Vice Mayor Aguila moved approval subject to all staff conditions.
Walshak seconaea tne mOtlon.
Conmissioner
Commissioner Walshak said that although the City has laws and the applicant
should be made to comply, common sense must be interjected. If the applicant's
- 15 -
MINUTES - REGUU' -- ':ITY COIIUSSION MEETING
BOYNTON BEACH. FL~aIDA
FEBRUARY I, 1994
feet are held to the fire and they decided they cannot do it, they will walk ,
away and the City will be left with an empty building which will not be main-
tained and will be of no use to anyone. This is a Catch-22 situation for the
City.
.~ The mot ion carri ed 5-0.
Mr. RosenstocK pointed out that this request was approved with a freestanding
sign.
G. Constder request sublttted by Wltenmark Group. Inc. (Cttrus Park,
PUD) reference Recreational Fee Credtt Issue
Vince Finizio said that on subdivision of platting, the City Codes require a
developer to provide dedicated land for a park, give a fee in lieu of a land
dedication or, in some cases, that he construct five approved amenities. If he
constructs the five amenities, the developer can get half credit on his fee.
The developer is not sure of the marketing stance his company will take relative
to this subdivision. Mayor Hanmening realized that the developer's request is
for a guarantee up front that he will get half his money back if he decides to
build recreation on site. Mr. Fin1z1o said the developer 1s willing to pay the
entire fee up front in order to comply with Codes.
City Manager Miller referred to Recreation & Park Memorandum '94-031 which
states conditions and comments from Mr. Frederick. Commissioner Katz disagrees
with Mr. Frederick's comment '2 and suggests the City take the cash up front and
use it as a bargaining chip.
Motton
Vice Mayor Aguila moved approval. Mayor Pro Tem Matson seconded the motion.
which carried 4-0. (Commissioner Walshak was away from the dais.)
C. Constder request sublitted by American Legion Post 164 for a watver
of the fee required for site plan review
Motton
Commissioner Katz moved to approve. Vice Mayor Aguila seconded the motion,
which carried 4-0. (Commissioner Walshak was away from the dais.)
D. Discusston regarding Citrus Glen
Commissioner Walshak said that on August 26, 1993, a special City Commission
meeting was conducted. In researching his records, he could not find any indi-
cation that he was ever advised of the meeting. He and Vice Mayor Aguila were
absent fram that meeting. The City Clerk stated there was no indication that
either he or Vice Mayor Aguila were contacted.
That meeting dealt with the fact that a signed Stipulation Agreement ended the
lawsuit with the developers of Citrus Glen and the dropping of a counter claim
between Citrus Glen and the City. The Stipulation Agreement released $276,000
- 16 -
.~.,__,-:><m.~ .-. ___._~...-
rrFie City of
$oynton $eacli
100 'E. 'Boynton 'B~1i 'Boulevartl
P.O. 'Bo~310
'Boynton 'BeacIi, ~foritfa 33425-0310
City 1la[[: (407) 375-6()()()
~jifX: (407) 375-6090
IfJIfJ{AJflT/
VIA FAX (713)-785-9933
February 29, 1996
Banc One Commercial Loan Origination Corporation
c/o Margaret Gay
3030 South Gessner, Suite 280
Houston, Texas 77063
RE: Boynton Beach Promenade
901 North Congress Avenue - Suites A, B, C and D
Boynton Beach, Florida 33426
Dear Ms. Margaret Gay:
The Boynton Beach Promenade, located on a parcel on the west side of
North Congress Avenue in Boynton Beach, Florida, more specifically
described in the above-referenced address and in the legal
description in Exhibit "A", is zoned C-3, Community Commercial. The
uses within this shopping center (retail office supplies, a realty,
doctors' offices, a hair salon, a dentistry, business and
professional offices, financial services and instruction for office
occupations) are permitted within the C-3 zoning district. The
property is in compliance with all zoning code regulations pertaining
to minimum lot frontage, minimum lot area, maximum lot coverage,
maximum structure height and structure setbacks.
As to parking, the main shopping center building parcel, the Olive
Garden restaurant parcel and the Carney Bank parcel cumulatively
provide 388 total parking spaces, which is ten spaces more than
required. When each of these parcels within the Boynton Beach
Promenade are evaluated separately, the Carney Bank parcel has an
excess of twelve spaces, with the remaining portion of the shopping
center having a code deficiency of two spaces.
I trust that the above information addresses all your zoning
verification letter requirements necessary for refinancing the
Boynton Beach Promenade.
Sincerely,
Tambri J. Heyden
Planning/Zoning Director
tjh
Attachments
xc: John J. Hoecker; Max Developers, Inc.
Ron Kolins; Moyle, Flanigan, Katz, Fitzgerald & Sheehan, P.A.
A:PromZong
!iImeriG4's (jateway to tM (julfstream
LAW OFFICES
MOYLEt FLANIGANt KATZt FITZGERALD & SHEEHA
625 NORTH FLAGLER DRIVE. 9TH FLOOR
WEST PALM BEACH, FLORIDA 33401
POST OFFICE BOX 3SSS
WEST PALM BEACH, FLORIDA 33402
TELEPHONE (407) 659-7500
FACSIMILE (407) 659-17S9
PETER L, BRETON
GREGORY D, COOK
JOHN R, EUBANKS. JR,
E, COLE FITZGERALD. ill
JOHN F, FLANIGAN
MYRA GENDEL
LYNN G, HAWKINS
MARTIN V, KATZ
WILLIAM B, KING
RONALD K, KOLlNS
PAULA,KRASKER
STEVEN A, MAYANS
LINDA R, McCANN
TAL.LAHASSEE: OFFICE
TELEPHONE (904) 681-3828
FACSIMILE (904) 681-8788
STUART OFFICE
TELEPHONE (407 J 288-1 144
FACSIMILE (407) 288-1499
.PALM BEACH GARDENS OFFICE
TELEPHONE (407) 625-6480
FACSIMILE <407) 625-5979
Writer's Direct Line:
(407) 822-0305
February 22, 1996
VIA TELECOPIER
407-375-6090
Tambri J. Heyden
Planning & Zoning Director
City of Boynton Beach
100 East Boynton Beach Blvd.
P.O. Box 310
Boynton Beach, FL 33425-0310
Re: Boynton Beach Promenade
Dear Ms. Heyden:
~
~@nlH,~
FEB 2 ~ 'I
. 61996 ,d.l
J~~
PLANNING AND
./tQ~ c, MOYLEi'ONING DEPT.
JON C, MOYLE, JR. -
JODY H, OLIVER
MARK E, RAYMOND
THOMAS A, SHEEHAN. ill
MARTA M, SUAREZ-MURIAS
WILTON L. WHITE
OF COUNSEL:
"THOMAS A. HICKEY
"'WILLIAM J. PAYNE
"ADMITTED IN NEW YORK ONLY
As we discussed earlier, please accept this letter as Max
Developer, Inc. 's request to be placed on the March 7, 1996 City
Commission Agenda. The purpose is to discuss and seek a
clarification of Condition Number 5 of the Zoning Department
Memorandum dated January 7, 1994 relating to the Waiver of Plat
approved by the City Commission on February 1, 1994. This request
is made with the understanding that only the cross-parking
easement issue will be discussed and that this will not reopen the
conditions generally.
Please call me if you have any questions.
John F.
2(rJ
JFF : j d
6548E
FEB 22 '96 05:34PM
P.U2
I.AW Cl....'CU
..C1't.. \", .~ON
QIIEGOPIY G. COOK
"'OHIo! ... EU_N_. JIl_
t:. CO~ "'TZQE_~. m
..JOHN 1", "u.NI~N
MY_ OSHDI:L.
1...._ O. HAWlUNa
__'1'0 v. _TZ
WlU.JAN.o K',.,G
_N.-.l.D 0<. _~N.
PAUL A. K~IU:"
8TIN'EN A. MAYAN5
101"'1)"" ... "'"CAIoIN
MoYLE, FX...unGAN, KATZ, FITZGERALD Be SW1'r."FI'.'R" A. "'4", P.A.
.215 NCllltTH "~GLE:A DRIVE. .TN FI..OOA
WEST PAI.M J5EA.C!l, F.LOlUDA. l5G4001
POST OFFICE BOX :J...,
WEST PAJ:.X B....cx. FLOamA GG400SI
TI!:"I:~HONI: 14.0.,.18151i1-78oo
..ACSIMILI; (..07] ....17..
-~~--,..._....--'-
~l0LS[i
"'ICI1~
...-
,JON ,
\~J b
11.1.11:" EB 2 3 t998
. .It.
TAU.A.....u OPP"ICC
_NC 1_''''_',
,......iMiL.C t.,..) """7"
..IOD'1' ,OLJ ER
.-
T A. .HI:E......pudlNING Il.NO
MAroT .... eU....._M~G DEPT.
WILT
........In D~"'~II:
~_ 1407J ....,,~
"AQa'WfU l..a:rl _I"..
01' COUNSEL.:
-TIolC..._ A, HICKEY
"WIUo.'AM oJ. .......,NE
00,.,.....<\ H. STINSON
.....DMI".I:D IN NItW "'Oltl( 01'11.'1'
......""" _0" ...._. cl"I"'CII:
Tll.UMONr. ('10'" .._
1""'=-""1.& 1_' ........
2
2-22-96
FAX TRANSMISSION COVER SHEET
407-375-6090 From Fax Numoer: (40~) 659-~?OO
TAMaRI J. HEYDEN
CITY OF 80YNTON BEACH
JOHN F. FLANIGAN Direct Line: (407) 822- 0305
File No.:
(Including Cover Sheet)
Time Sent: 4:45 P.M.
To Fax Number:
Recipient:
Firm/Company:
Sender:
File Name:
Total pa.ges:
Da.te Sent:
Document:
Mesl:lage:
TELEPHONE NUMBER IN CASE OF TRANSMISSION E~~OR: (407) 659-7500
eT,RlU;E DELI)1ER IMMEDIATELY
THE INFORMATION CONTAINED IN THIS TRANSMISSION IS ATTORNEY/CLIENT
PRIVILEGED AND CONFIDENTIAL. IT IS INTENDED ON!.. Y FOR THE USE OF THE
INDIVIDUAL OR 4ENTITY NAMED ABOVE. IF THE READER OF THIS MESSAGE IS
NOT THE INTENDED RECIPIENT, YOU ARE HEREBY NOTIl'IED THAT ANY
DISSEMINATION, DISTRIBUTION OR COpy OF THIS COMMUNICATION IS STRICTLY
PROHIBITED. IF YOU HAVE RECEIVED THIS COMMUNICATION IN ERROR I PLEASE
NOTIFY US IMMEDIATE~Y BY TELEPHONE COLLECT AND RETURN THE ORIGINAL
MESSAGE TO US AT THE ABOVE ADDRESS VIA T"'.dE U. S. PoSTAL SERVICE. WE
n......... lU!I~HDunOD 1l0U li'rlti' 1f'Y~'RN'RF:R. T1W1K yOU.
Cl \lIl'CO<:S\FOIU'II.l'IP'1t
FEB 22 '96 05:35PM
P.2/2
PE:TE:~ I.. .RILTON
G",r::GOR'" t), COOK
.JooHN R. EUaAN.... .JA,
E, COL.E: F'ITZOI!:AAL.O.1lI
.Joo...",', F'1....NlOAN
........... GENDE!.
LYNN G. I-IAWKINS
",.....TIN ..... KATZ
WII.Li""M Ia.KING
h'OHALD 1<, KOLIN.
.....ULA. KR""SKE:R
8TEVLN"'. IIotAV""NS
liNn. " ""...r.1'I1"11"1
~ LAW OFF'ICES
MOYLE, FLANIGAN, KATZ, FITZGERALD & SHEEHA.N, P.A.
ea!l NO"'TH FL....aLEA DRIVE. ~T" F 1..00 Fl.
WEST P.....LM BEACH, FI.O:RIO..... 094001
POST OF'FICE: BOX :ill..
WEST PALM DEACH. FLORIDA 33402
T!:LI!:.P"HONE: (407) 659-71!100
I"""C.IM'l.,1: (407) elS9-I?.
T,A.Lt....HAI!!I!I~E o...rlCE
Tltu:,,.HON! ..004) "'~...
.....e.''''ILI: ,1041<181..78.
.JON C. MOYLE
JON C. MOVU:, .JA,
JOOV H. CUVEA
M...FlI< 1:. .....y...aNO
THO",,",S A, llHItI:HAN. JU
MARTA M, SUAREZ.MuFlIAS
WILTON L, WHftC
STUArt":' OJ'1l1CC
.,t\.EI'HQHt: t4a?) i!eS.II......
'-"'C81"'ILE (040711.'-101"
OF COUNSEL:
"THOI'M5 II, HI~K!;v
'WlLL..IAM ..J. p""VNE
"AC"'UTTED IN NE.W VOIn< CNL....
I PAL.M .~e"" aARDI:N5 O""ICI:
l'ELE"HD.n:(0407) el!."~.o
,..~ce'MILl!: ''''C''~ .a.-a..,..
Writer's Direct Line:
(407) 822-0305
February 22, 1996
V~A TE,LECOPIER
407-375-6090
Tambri J. Heyden
Planning & zoning Director
city of Boynton Beach
100 East Boynton Beach Blvd.
P.O. Box 310
Boynton B~ar'h ~ FT. 1~4 7.1-0::n f1
Re: Boynton Beach promenade
Dear MS. Heyden:
-
As we discussed earlier, please accept this letter as Max
Developer, lnc.'S request to be placed on the March 7, 1996 City
Commission Agenda. The purpose is to discuss and seek a
clarification of Condition Number 5 of the Zoning OepRrtmp.nt
Memorandum datec'l. January 7, 1994 relating to the Waiver of Plat
approved by the city Commission on February 1, 1994. This request
ia m~do with tho UndQIEtanding that only thp r'rnRR-pRrking
easement issue will be discussed and that this will not reopen the
conditions generally.
Please call me if you n8V6
0. n:r-
_..__.L'; ___
"tu''W..JI ....,L."""..I.....
JFF : j d
6548E
~
PETER L, BRETON
GREGORY D, COOK
JOHN R, EUBANKS, JR,
E, COLE FITZGERALD. m
JOHN F, FLANIGAN
MYRA GENDEL
LYNN G, HAWKINS
MARTIN V, KATZ
WILLIAM B, KING
RONALD K, KOLINS
PAUL A, KRASKER
STEVEN A, MAYANS
LINDA R, McCANN
LAW OFFICES
MOYLE, FLANIGAN, KATZ, FITZGERALD & SHEEHA
625 NORTH FLAGLER DRIVE. 9TH FLOOR
WEST PALM BEACH, FLORIDA 33401
POST OFFICE BOX 3888
WEST PALM BEACH, FLORIDA 33402
TELEPHONE (407) 659-7500
FACSIMILE (407) 659-1789
JODY H, OLIVER
MARK E, RAYMOND
THOMAS A, SHEEHAN, m
MARTA M, SUAREZ-MURIAS
WILTON L, WHITE
TALLAHASSEE OF"FICE
TEl.EPHONE (90....) e81-3828
FACSIMILE (904) 6BI-8?ee
STUART OFFICE
TELEPHONE (407) 288-1144
FACSIMILE (407) 28S-1499
OF COUNSEL:
"THOMAS A, HICKEY
'WILLIAM J, PAYNE
.PALM BEACH GARDENS OFFICE
TELEPHONE (407) 625-6480
FACSIMILE <407J 625-5979
"ADMITTED IN NEW YORK ONLY
Writer's Direct Line:
(407) 822-0333
February 15, 1996
VIA FEDERAL EXPRESS
Tambri J. Heyden
Planning and Zoning Director
City of Boynton Beach
100 East Boynton Beach Boulevard
Post Office Box 310
Boynton Beach, Florida 33425-0310
RE: Boynton Beach Promenade
Max Developers
Dear Tambri:
Pursuant to your telephone conference with John Flanigan,
Esq., and Ca'rrie Parker, on Tuesday, February 13, 1996, please
allow this correspondence to address the issues you identified
concerning the zoning confirmation letter for Boynton Beach
Promenade.
I offer to you the following information on the cross parking
easement as well as the other concerns you raised in your
discussion:
1. The original Declaration of Easements, Covenants,
Conditions and Restrictions ("Declaration") for the
applicable property was executed on July 7, 1993 and
recorded on July 9, 1993 in Official Records Book 7819,
Pages 1119 through 1134. The first modification to the
Declaration was executed on November 1, 1993 and recorded
on February 14, 1994 in Official Records Book 123, Pages
423 through 425.
8013Z
Olt::.rtl tiT.
1-2Q-9f;l 2 :46PM
Boynton Bch f&x~
?1a 7~1 396SI' 2
tJ1U City of
~~ton 'lJeQl,n
0-'1 Nr .
/11". "~l.r
'L I ....."\ \
~.. ;.,l'0
'''/'< ' :, ." 'J
".j ,-- ,,'l.
100 ~ .,.. ~!ltnJ.kfJlll'li
~.o.~JZO
~ ~ ~ JJtfU.QJJ.O
CUy:HJJJr: (401) J1UIJtJD
~ (4tJ1) J'fHlJl()
o Jq,
V~ ~AX (713)-785-9933
~anuary 26, 1996
Bana One Commercial Loan Origination Co~oration
0/0 Ma~~arat Gay
3030 South CQ~gn.r, Qu1ta 290
Rou.ton, Texas 7?O~3
Rlll : Jic;yntOft 8eac;:h Pre1l\.naa
~01 Nor:h Congra&8 Avenu. . Suites A, S, C and 0
~Qynton Beach, ilorida 33426
Dear ~G. Margaret Gay~
The Boynton Beach Promenade, looated on a pa~cel on tha wemt side
of North Congress Avenue in Boyntcn Beach, Florida, more
specifically described in the above-referenced address and in the
legal description in Exhibi~ "Aft, is zoned C-3, Community
Commercial. The uses within ehis shopping center (retail office
supplies, a realty, doctor8'off1~es, a hair salo^. a dentistry.
bU81ness ~ p~ofessio~al offices. financial eerviges an4
in.t~e~ion for office occupations) are ~ermlttad wi~hin the C-3
zoning district. Th.p~operty is in compliance with all zoning
code regulations pertaining eo minimum lot froneage, minimum lot
areiil, maxi~m lot. coverag-e, maximum atruetu:re height and'
structure setbacks.
JIJIuU:' ,..., tQ eM fJu.(fnrclm
SE/E'd
, JO,Joa WdSZ: 90 36, 1 E t'-lt::l[