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CORRESPONDENCE IMIAX llJ)IEVIEILCQ)IPIEOC~9 TINCCa April 19, 1993 MR. CHRIS CUTRO DIRECTOR PLANNING AND ZONING DEPARTMENT CITY OF BOYNTON BEACH 100 E BOYNTON BEACH BLVD. BOYNTON BEACH, FLORIDA 33425-0310 RE: ADMINISTRATIVE APPEAL - LANDSCAPING BOYNTON BEACH, PROMENADE - MAX DEVELOPERS, INC Dear Chris: By this letter please be advised that the above applicant is seeking relief from full compliance with the City of Boynton Beach landscape ordinance. As you are aware, as the new owners of the Boynton Beach Promenade, we have invested significant dollars into an extensive renovation of the shopping center. Due to our efforts, we are turning a failed project into a successful, job generating and tax revenue source for the city of Boynton Beach and its residents. We have to date commitments from major national tenants such as General Mills Restaurants, KMart's OfficeMax, Motorola, and HealthSouth. We have accomplished all of this while complying with all the Cities codes and ordinances with the exception of the landscape ordinance. Since the development of the project in 1986, the city has adopted a new Comprehensive Plan Ordinance with regard to landscaping that is more specifically detailed in Appendix III of the Community Design Plan. The ordinance, which was adopted in 1989, requires that at least 50% of all site landscaping material be of native species. As you can readily determine, our landscape plan provides for compliance with this requirement as it relates to the installation on new landscape material. However, with respect to the existing landscape site material, which is made up of mature, four foot, Surinam Cherry hedge and mature Black Olive trees, we are not in compliance. We are seeking relief from compliance with the landscape code only as it relates to existing vegetation. All new installation will be in complete compliance. The existing site landscaping is mature, health, and well maintained. The material met all landscaping MAX DEVELOPERS, INC. 1101 North Congress Avenue · Suite 201 · Boynton Beach, FL 33426. (407) 731-1630 requirements at the time of original installation. Additionally, the site landscaping is consistent with site landscaping of other shopping centers along Congress Avenue which were developed prior to the adoption of the new ordinance. Thank for your consideration in this matter and if you should have any questions please feel free to contact me. J. Hoecker