CORRESPONDENCE
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Jill A. J arkesy, P.A. SEP24&i
1872 SW 17th Street
Boca Raton, Florida
Jill A. Jarkesy 33486 (407) 393-1757
NING AND
NING DEn
September 23, 1996
HAND-DELIVERY
Ms. Tambri 1. Heyden, AICP
Planning and Zoning Director
100 East Boynton Beach Boulevard
P.O. Box 310
Boynton Beach, Florida 33425-0310
Re: Boynton Festive Center
File No. SBMP 96-001
Dear Ms. Heyden:
In accordance with your correspondence dated September 17, 1996 and Mr. Michael Haag's
Memorandum No. 96-457 dated September 9, 1996, I am enclosing for your review, twelve sets
of the amended plan and current survey showing the proposed property line. Also enclosed
herewith is our application for a landscape appeal and the required $200.00 application fee.
In response to Mr. Haag's Comment number 5, I am enclosing Pages 6 and 7 of the Operation
and Easement Agreement which specifically provide for cross access between the property
owners.
Thank you very much for your consideration of this matter. If you should have any questions or
concerns regarding the matters set forth herein, please do not hesitate to contact me.
Sincerely,
gw;a Il~
Jill A. Jarkesy
Enclosures
cc: Doug McMillan
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ARTICLE II
EASEMENTS
2.1 Inqress and Eqress.
(A) During the term of this OEA, Agree hereby declares and
establishes for the use of Permittees, in common with others
entitled to use the same, a perpetual non-exclusive easement for
the passage and parking of passenger, service and delivery
vehicles over and across those portions of the Common Area from
time to time used as parking and driveway areas as the same may
from time to time be constructed and maintained for such use, and
for the passage and accommodation of pedestrians over and across
those portions of the Common Area from time to time used as the
parking, driveway and sidewalk areas as the same may from time to
time be constructed and maintained for such use. The foregoing
easement rights shall be subject to the following reservations as
well as other provisions contained in this OEA:
(i) Except for situations specifically provided for
in the following subparagraphs, no fence or other barrier
which would prevent or obstruct the passage of pedestrian or
vehicular travel for the purposes herein permitted shall be
erected or permitted within or across the easement areas;
provided, however, that the foregoing provision shall not
prohibit the installation of convenience facilities (such as
mailboxes, public telephones, benches, trash deposit
enclosures and containers and transformers), of landscaping,
berms or planters, or of limited curbing and other forms of
traffic control.
(ii) In connection with any construction,
reconstruction, repair or maintenance on any Parcel, an
Owner or any Tenant of such Parcel shall have the right to
create a temporary staging and/or storage area in a portion
6
RI7B\7747\CIRCUIT\OPER-AGT.01J
Jill A. Jarkesy
Jill A. Jarkesy, P.A.
1872 SW 17th Street
Boca Raton, Florida
33486
(407) 393-1757
September 23, 1996
HAND-DELIVERY
Ms. Tambri 1. Heyden, AICP
Planning and Zoning Director
100 East Boynton Beach Boulevard
P.O. Box 310
Boynton Beach, Florida 33425-0310
Re: Boynton Festive Center
File No. SBMP 96-001
Dear Ms. Heyden:
This correspondence shall serve as Boynton Festive Center's request for an appeal from the
Landscape Code, specifically Chapter 7.5, Article II, Section 5.E, City of Boynton Beach Land
Development Regulations. Enclosed please find my client's check in the amount of $200.00 for
the processing of this landscape appeal.
Section 5.E of the Boynton Beach Landscape Code requires that a landscape barrier consisting of
a planting strip of two and one-half feet in width be used to separate the two proposed properties.
This planting strip is required to have a continuous hedge. Weare requesting an appeal from
these requirements as part of our request to the City of Boynton Beach to subdivide the shopping
center into two parcels of ownership. One parcel will contain the two restaurants and the other
parcel will contain the Circuit City and Borders stores. The lot line dividing these two properties
will be down the middle of the access road. The Boynton Festive Center will still be managed,
maintained and operated as a single unit. A detailed Operation and Easement Agreement has been
recorded in the public records of Palm Beach County which addresses all aspects of management
and operation of the center, including such matters as ingress, egress, easements, maintenance of
common areas including landscaping.
This landscape appeal will not physically change any of the required landscape within the
proposed shopping center. Technically, it is impossible to comply with the requirements set forth
in Section 5.E because it would mean placing a hedge and landscape strip down the middle of an
access road. A buffer in the form of five foot landscape islands do exist adjacent to the access
road. Furthermore, the Boynton Festive Center does meet and exceed all other landscaping
requirements.
It is my understanding that this landscape appeal will be reviewed by the Planning and
Development Board on October 8, 1996 and by the City Commission on October 15, 1996.
Thank you very much for your consideration of this matter. If you should have any questions or
concerns regarding the matters set forth herein, please do not hesitate to contact me.
Sincerely,
~'a&~
Jill A. J arkesy
Enclosures
cc: Doug McMillan