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CORRESPONDENCE rzru City of 'Boynton 'Beach ,. :::;.....v~'~ \~ "~~'- 1 00 i:. '.Boynttm tJJuu:!r. tJJoukvartl P.O. tJJo~310 '.Boynton 'BuIdl, %nUia 33425-0310 City ~ (407) 375-6000 1'1U: (407) 375-6090 November 12, 1996 Via Fax: 561-392-7551 Jill Jarkesy Agree Ltd. Partnership 1872 S.W. 17th Street Boca Raton, Florida 33486 RE: Boynton Festive Center File No. SBMP 96-001 Dear Jill Jarkesy: The City of Boynton Beach has completed its second review of the rectified master plan submitted for the above-referenced project. Attached are comments made by the reviewing departments during their review of the plan. In order to complete the review process, the plans and documents must be amended to to reflect compliance with these comments. After amending the plans and documents, please submit three (3) complete sets (including surveys) of the plans to the Planning and Zoning Department. When the amended plans and documents have been submitted to the Planning and Zoning Department, the reviewing departments will be requested to review the plans in the Planning and Zoning Department. As previously indicated, the department will waive the master plan process as you've requested, provided the resubmitted plans address the attached staff comments, which will allow you to proceed with platting without having to go before the Planning and Development Board. J'lmtrUa's (jateway to tfu (julfstream v. '-'IGIIIY lilt:: ut::::ilgnclUons OJ me new propeny. I he statistics on sheet 1 of 1 identify the ne~ ar~as as Parcel "A" and Parcel "B" whereas the plan view drawing on sheet 1 of 1 Identifies the areas as Tract "A" and Tract "B". Amend the plans accordingly. T JH:MEH:bme Att. D:\SHARE\WP\PROJECTS\BFESTIVE\2ND-REV.WPD " "E R ~'D'W - f\RC1<l"(EC1AA t1O" <l5 "36 0A' s6\'l'l 1\\E0)'''' ~ - cG .... I ~ ;11/0 · 3,':)'%1 \?J."If" ;:!<:l'if?'SCI't'I'"'\ -q l (llV'n ~... C o .9-0.. · -0(1.) -o~ o if) \ ~ Ul~c-. !t lU $\11 OUr d>~~ DOC ~<{\\l J>d) ~\~~ ~~:<~ ~Q~Q ~~tnw. ~~~'t5 ,~$-;i ~~\\ 2Q 0.- ~~::l& ~i:)p~~ ~~~>>% ~~~~Q.. ~\J.!\!t \ ~~::1~~ \ ilr~\ . \1$;";. ~;~ lo Sf. '=' i ~l~~- ~~ op.rl' ~~ ~~.... ~'t~~~~ %'6\!!'2g~ ~5~~\~ \ \ \ \ \~ \ \ \ ..n ~ ,fi"i 4%~ ~~~ ;t=l~.,.f ~~\~ la5~~~ ~~~"r: ~~5~ ~cP~~ ~~~~ ~~o..t1 i~~\ ~i\~ ~ls \\ ~ 'i\i'1~ \ ~~~~3i \ ~3~F~'z:S .. ~~tis~~ ~Ul ~~i~~~ '0 ~~~~~~ --z ~~~~~B.,f ~ ~~~~"'i; ~~\~ ~l~l%9L~ u.. ~ ewlb~~ U1 ~ ~p~'~ ~.~ ~ ~ ~ \~ ~~ ~~ ~~ .4 t./) c: o . .-- en . :...--- ? cD "- ~ 01 . . ~ o ~ (j) U to 4.. cC. It ~ 4.rE 4 \); to, ......... -10 ~, 4- ~~ ..- "2- \\ ~ 'i\(I) 0. \ ~ Cl tI)~ ~~ ,%W -z (t QtJ) ~~ ...c. ~ ~Ul .t'~ i \t) 'Z. ...... 0 \\ ~ 6 :i. e QItl 5 .. & OJ 4 (J') 'cl .it.. 'Oi C"l to .... \\ \Cl ~ .......... (J') '4 ~ :ci '0 """ I""l o "'" \\ ~~\ ~ ~ 0- ' ~ .(. ~ c4 \\ ~ ~ o a: 0- ~ ~ ~ ~ ~ ~ S Oct-24-96 03:2lP J;11 A. Jarkesy~ P.A 407 393-1757 P.Ol ocr 1. 5 rf:fJ ~ .rn ----i PI ~.NN\NG AND ._~.:i DEPl r~ JU JILL A. JARKESY, P.A. 1872 SOUTHWEST 17TH STREET BOCA RATON, FLORIDA 33486 Jill A. Jarkesy Telephone: (561) 392-8762 Facsimile: (~l) 392-7551 From: Jill A. Jarkesy To: Mr. Jim Cherof, Mr. Doug McMillen and Mr. Michael Haag Date: October 23, 1996 FaI Number: (954)771.4923 Total No. of Pages: 3 Client: Boynton Festive Center ............................................................................ The information contained in this facsimile message is attorney privileged and confidential information intended only for the use of the individual or entity named above. If the reader of this message is not the intended recipient, you are hereby notified that any dissemination, distribution or copy of this communication is strictly prohibited. If you have received this communication in error, please immediately notify us by telephone and return the original message to us at the above address via the U. S. Postal Service. Thank you. Oct-24-96 03:21P ~;ll A. ~arkesy~ P.A 407 393-1757 P.02 Jill A. Jarkesy Jill A. Jarkesy, P.A. 1872 SW 17th Street Boca Katen, Florida 33486 (407) 393-1757 October 23, 1996 Mr. Jim Cheraf, City Attorney City of Boynton Beach 100 East Boynton Beach Florida Boynton Beach, Florida 33425 Re: Boynton Festive Center/Subdivision Dear Mr. Cherof: Enclosed please find Planning and Zoning Department Memorandum Number 96-536 providing comments relative to the Boynton Festive Center's request to waive review of the subdivision master plan. As previously discussed with you and Mr. Pawelczyk, there are two outstanding issues which require a legal opinion in order for the Plarming and Development Department to finalize this matter. First, when the tabular data for the Boynton Festive Center is calculated for two separate parcels, the restaurant parcel requires a total of 162 spaces pursuant to City Land Development Regulations. There are a total of 157 spaces on the Restaurant parcel The retail parcel contains a total of 418 spaces although only 400 are required. There are an additional 67 spaces in future expansion areas which are not included in these calculations Therefore, the overall shopping center has more than adequate parking. The Operation and Easement Agreement, which has been recorded in the Public Records of Palm Beach County and a copy of which has been provided to you, provides for cross parking. Second, according to the Building Department, the pylon sign for Circuit City and Borders technically becomes an .'off-premise" sign once the property is subdivided. The sign is located at the intersection of Old Boynton Road and Congress Avenue which is the appropriate location for such a sign. The sign does not become an '.off-premise" sign if the shopping center is treated as one center and is managed. operated and uniformly controlled as such. The Operation and Easement Agreement specifically mandates the uniform operation and management of the Center and specifically addresses the pylon sign. We recommend that a note be placed on the Site Plan which references the Operation and Easement Agreement and its recordation information. Furthermore, we would agree that any Oct-24-96 03:22P J;ll A. Jarkesy, P.A 407 393-1757 P.03 modifications to either Tract W,ithin the Boynton Festive Center would require review of the Boynton Festive Center as a whole. Your cooperation in this matter would be greatly appreciated . Sincerely, J~~:e~ Enclosures cc: Douglas McMillen Michael Haag 1 0- I 1 - 1 ~.g6 4: 45PM FRot,1 LAKE WORTH ORA I r'JAGE 56, 495 9694 P I ~'" -,...y"\~ : 'I mowmill I __oIS~ ,,~ ~-= I.~!l[ ~~ WIlliam G. Win1arlJ ..........~ (J S. WM.llhen AIlom.y perry & S<lhone. PA LAKE WORTH DRAINAGE OISTRICT ~~ October 15, 13011 MILITARY TRAIL DELRAY BEAC.... FLORICA 33484 Tambri J. Heyden~ AlCP Director Plannins and Zoning City of Boynton Beach P.O. Box 310 Boynton Beach. FL 33425-0310 Dear Ms. Heyden; Subject: T~hnical Review Committee Agenda The Lake Worth Drainage District offers the following comments regarding the item(s) on the October 15, 1996 meeting agenda: 1. Citrus Glen, PUD - No objection. K\ y~) ~\}, 2. Shoppes of Woolbright. POD - No objection. However, a drainage review will be required prior to construction. ~ 3. Boynton Festive Center - No objection. 4. ITV Tower - No objection. 5. East Ridge (3rd Review) - Not in L WOO service area. 6. Woolbright Place Plat 2 - Preliminary Review - Would like copy of plat prior to commenting. As always. we thank you for being given the opportunity to comment. Sincerely, LAKE WORTH DRAINAGE DISTRICT ~~ Chief Inspector SJW Imfb c: Ronald L. Crone, P.E.. P.L.S., Assistant Manager, L WDn Patrick A. Martin. P.E., District Engineer~ L WOD Oetray BMllh & Ilcx:a Ru:ln ....S36G . BGynlDl'l SMd'l & W..! PaIIII BGdl 737.S89S . FAX (4C7) ~i4 '11ie City of 'Boynton 'Beach September 17, 1996 Via Fax: (561) 392-7551 Jill Jarkesy, P.A. 1872 S.W. 17th Street Boca Raton I Florida 33486 RE: Initial Review Comments - Boynton Festive Center File No. SBMP 96-001 Dear Ms. Jarkesy: The City of Boynton Beach has completed its first review of the documents submitted for the above-referenced project. Attached are comments made by the reviewing departments during their initial review of your master plan. In order to complete the review process, the plans and documents must be amended to comply with these comments. When there are comments made by the reviewers that you feel are not applicable to the approval of the project or will be addressed separately and you have not amended the plans to comply with the comment(s), you must prepare written explanation for each comment stating why the comment is not applicable and return the explanation with the amended plans and documents. After amending the plans and documents, please submit twelve (12) complete sets (including surveys) of the plans to the Planning and Zoning Department. When the amended plans and documents have been submitted to the Planning and Zoning Department, they will be distributed to the reviewing departments for second review. As previously mentioned and as indicated on comment 7 of the attached Planning and Zoning Department Memorandum No. 96-457, the department will waive the master plan process as you've requested, provided the resubmittal plans address the attached staff comments, which will allow you to proceed with platting without having to go before the Planning and Development Board. J'lmtmas gateway to tfu gulfstream Page 2 of 2 Initial Review Comments Boynton Festive Center File No. SBMP 96-001 If you should have any questions regarding the comments or the approval schedule, please feel free to call Mike Haag, who is coordinating the review of your plans for the Planning and Zoning Department. Very truly yours, ~ 1 ! -d&~'J~~ Tambri J. Heyden, AICP Planning and Zoning Director T JH:bme Atts. A:1comFEST.WPD CITY OF BOYNTON BEACH, FLORIDA INTER-OFFICE MEMORANDUM TO: 3 SEPTEMBER 96 FILE: T AMBRI HEYDEN, PLANNING & ZONING DIRECTOR DATE: SUBJECT: BOYNTON FESTIVE CENTER SUBDIVISION MASTER PLAN 1st SUBMITTAL FROM: SGT. MARLON HARRIS POLICE DEPARTM~~E~ "7~ ENCLOSURES: REFERENCES: #0255 ill \~p~:: m ~~ I have reviewed the above plans and have no comments. TRC02S5.WPD ~~ :P~I:~~ ~ \' PlANNING A]iD ZONING OEr I. ~- FIRE PREVENTION MEMORANDUM NO. 96-293 DATE: Tambri Heyden, Director Planning Department I William D Cavanaugh, FPO if t Hil .// Fire Department /{fl1' ~U/tl( f {lvJ\--- September 9, 1996 TO: FROM: RE: Subdivision of Boynton Festive Center NW Comer of Old Boynton Rd. & Congress Ave. We have no objections to this proposal. cc: Deputy Chief Ness FPO II Campbell File 9-09-) 996 1 I : 50At~ FROt~ LAKE WORTH DRAINAGE DISTRICT September ;, 19960 'v^J.../v\../\,.J......,^'-j'v,k,..iJ.......A.. / 13081 MILITARY TRAIL OELRAY BEACH. FLORIDA 33484 Tambri J. Heyden. AICP Director Planning and Zoning City of Boynton Beach P.O. Box 310 Boynton Beach, FL 3342~-o310 Dear Ms. Heyden: Subjed: Te~hnic:al Review Committee Agenda The Lake Worth Drainage District offers the following comments regarding the item(s) on the September 3, 1996 meeting agenda: 1. Boymon Festive Center. No objection. 2. Shoppes of Woolbright - Burger King - No objection. However, a drainage permit modification will be needed prior to eonstruction. 3. Palm Walk ACLF . No objection. However, a drainage review will be required prior to construction. As alway5, we thank you for being given the opportunity to comment, Sincerely, LAKE WOR~ DISTRICT ~~bb Chief Inspector SJW /mtb c: Ronald L. Crone. P,E., P.L.S.. Assistant Manager, L WDD Patrick A. Martin. P.E.. District Eniineer. L WDO o.ka)' Seeen Ii ~ ~alon 4ge-55eG . 9Qyn,>>" Be<<Oh I W." Palm S9l1lOn 7,'."aEl . FAX (407) 49'.~94 P.2 Board 01 SUpe~Oi1 C. SlwlJey Weavtf K.rmft Den John I. WhlM'Orth III SGcrewyIM~ Milam G, WlnlerS Me_lant Mana9~r Rlchrd S. wneelinen AtlOlney Pef~ 5 SChOne, P.A. 1 00 ~. 'lJcynton. tJJuzdi 'BoultrJan{ P.O. tJJo:t,310 '.Boynton. ~ 7!oritfa 33425-0310 PHONB: (407) 375-6281 FAX: (407) 375-6357 ill f? (ii) R U \11.' r:' fn) lS lID lS IV, ", :.! L', r; I ~--:) ,f!j EEP 41996'![I/ j !......; ! PLANN'iNGANO-J ZONING DEPT. rzru City of 'Boynton 'Beac/i OFFICE OF THE CITY ENGINEER September 3, 1996 Jill A. Jarkesy, P.A. 1872 SW 17th Street Boca Raton, Florida 33486 Re: Boynton Festive Center - Boundary Plat Dear Ms. Jarkesy: The Planning and Zoning Department has a number of issues for you to resolve before your plat can go forward. Please contact Mike Haag to work them out. You will also have to resolve the issue of creating a non-conforming property by virtue of the newly created off-premises "Borders" sign. Please let us know when you have resolved these issues and we will promptly forward the plat to the City Commission for consideration. Very truly yours, CITY OF BOYNTON BEACH, FLORIDA 1e:!f{f!!E~fdI City Engineer WVH/ck xc: Carrie Parker, City Manager James Cherof, City Attorney Al Newbold, Deputy Director of Development Mike Haag, Curro Planning Coordinator C:BOYNFEST j{~rUa's fjt%Uway to tlU fjulftmam. PLANNING AND ZONING DEPARTMENT MEMORANDUM NO. 96 - 457 TO: Tambri J. Heyden, AICP Planning and Zoning Director (\ 'JA~~ FROM: Michael E. Haag ~ Jl1 EfJ . Current Planning Cb~~dlnator DATE: September 9, 1996 SUBJECT: Boynton Festive Center - waive master plan review File No. SBMP 96-001 Please be advised of the following comments relative to the first review of the above- referenced request: 1. To properly evaluate the request, provide on the master plan, dimensions between the leading edge of each building or structure and the existing or proposed property line. The dimensions shall comply with the setbacks established for the Community Commercial (C-3) zoning district (Section 6. C., Chapter 2 - Zoning of the city's land development regulations). Identify the front of each property with a distinguishable symbol. 2. To ensure that the both of the proposed new properties meet the minimum building and site regulations, provide on the master plan for each proposed property site data that includes the below listed categories. The site data shall comply with the Community Commercial (C-3) zoning district regulations (Section 6. C. 3., Chapter 2 - Zoning of the city's land development regulations). I. Tract or parcel identification ii. Zoning District iii. Lot frontage IV. Lot area v. Percent of lot coverage vi. Overall height of each structure 3. To verify that each proposed property contains no less than the required number of regular and handicapped parking spaces, add to the master plan parking space computations consistent with the zoning code regulations (Section 11. H. 16. d. (1) [restaurants] and section 11. H. 16. d. (12) [retail]. Also provide the parking space computations for handicapped spaces using the city adopted handicapped code. Where applicable modify the master plan to show no less than the required number of regular and handicapped parking spaces. Within the parking computations for the handicapped and regular parking spaces, identify the number of spaces required and provided. 4. The proposed location of the new property line will require approval of a landscape appeal to omit the 2.5 foot wide landscape strip and continuous hedge (18 inches tall and 2 foot on center) that is required between both properties (Chapter 7.5, Article 11- Landscape Code Section 5.E. of the city's land development regulations). The landscape appeal fee is 200 dollars and following submittal of a completed application the request will be presented to the Planning and Development Board with final approval granted by the City Commission. If a completed application is submitted by September 24, 1996, the request will be presented to the Planning and Development Board on October 8, 1996 and forwarded to the City Commission on October 15, 1996. 5. The location of the new property line will require a cross access agreement between both property owners. Delineate the pages of the submitted document (operation and easement agreement) that provides for cross access. Page 2 Memorandum No. 96-457 Boynton Festive Center SBMP 96-001 6. It is recommended that a current survey (not older than 6 months) showing the proposed property line be submitted for review. 7. Waiving of the master plan process will be granted following the plans being modified to comply with the above listed comments, amending the plans to comply with the city's commission's determination on the above-referenced landscape appeal and complying with the comments referenced in the letter to Jill Jarkesy, dated September 3, 1996 from William Hukill, P.E. (letter from W. Hukill attached). MEH:dim xc: Central File A:\FESTIVE. WM P/meh3 MEMORANDUM Utilities # 96-296 mm TO: Tambri Heyden. Planning & Zoning Dire tor FROM: John A. Guidry, Director of Utilities Date: September 16, 1996 SUBJECT: Boynton Festive Center, New Master Plan, First Review Staff has reviewed the above referenced project and offer the following comments: Utilities has no comment. It is our recommendation that the plan proceed through the review process. o \YJ ~ B 11111 ill If you have any questions regarding this subject, please contact Skip Milor at 375-6407 or Peter Mazzella at 375-6404. sm/festmsp xc: Clyde "Skip" Milor Peter Mazzella /~ File fJ1ie City of 'Boynton tJ3eacn 100 ~ 'Boynton 'Beadi 'Boukf1rl1Ti P.O. ~310 '.BoyntQn. 'Beac/i, :F!ori4a 33425-0310 PHONB: (407) 375-6281 FAX: (407) 375-6357 OFFICE OF THE CITY ENGINEER September 3, 1996 Jill A. Jarkesy, P.A. 1872 SW 17th Street Boca Raton, Florida 33486 Re: Boynton Festive Center - Boundary Plat Dear Ms. Jarkesy: The Planning and Zoning Department has a number of issues for you to resolve before your plat can go forward. Please contact Mike Haag to work them out. You will also have to resolve the issue of creating a non-conforming property by virtue of the newly created off-premises "Borders" sign. Please let us know when you have resolved these issues and we will promptly forward the plat to the City Commission for consideration. Very truly yours, CITY OF BOYNTON BEACH, FLORIDA 1e:ff{*E~M City Engineer WVH/ck xc: Carrie Parker, City Manager James Cherof, City Attorney Al Newbold, Deputy Director of Development Mike Haag. Curro Planning Coordinator C:BOYNFEST !3mll,.;t'(7'" ~r!t"rJ.J(tf, "" ,.111' r:"r+<:t1'YtTm Jill A. Jarkesy Jill A. Jarkesy, P.A. 1872 SW 17th Street Boca Raton, Florida 33486 (407) 393-1757 rn UJ238 rn PLANNING AND , ZONING DEPT. L August 22, 1996 Ms. Tambri Heyden Director of Planning and Zoning City of Boynton Beach 100 East Boynton Beach Boulevard Boynton Beach, Florida 33425 Re: Boynton Festive Center/Subdivision Plat Dear Ms. Heyden: I represent Mr. Doug McMillen, the developer of the Boynton Festive Center, relative to the subdivision of the shopping center. A subdivision plat has been prepared and is being simultaneously submitted to Mr. Bill Hukill along with this request for a waiver or approval of a Master Plan for the Boynton Festive Center. In accordance with your "Fees for Land Development Related Activities" schedule, I am enclosing herewith a check in the amount of $1000.00 payable to the City of Boynton Beach. The Master Plan being submitted is identical to the Site Plan which has been previously reviewed and approved by the City of Boynton Beach with the exception of the addition of the location of the subdivision boundaries. As you are well aware, the construction of the shopping center is nearing completion. Longhorn Steakhouse, Hops Restaurant and Borders have all received Certificates of Occupancy and are open for business. All infrastructure, including but not limited to parking, signage, lighting, landscaping and all underground utilities, are installed and complete. The construction of the Circuit City Store is well under way with a grand opening scheduled for November. As a result of the foregoing, I hereby request that you waive master plan review in accordance with Chapter 3, Article II, Section 2 of the Land Development Regulations of the City of Boynton Beach. The subdivision plat being submitted meets criteria set forth is sub-paragraph F of Article II, Section 2, Exemption to Master Planning. First, the proposed subdivision is not changing pre- existing configuration of buildings or site or reducing emergency vehicle access. Second, there is no change of use which increases the required number of off-street parking spaces. Lastly, there is compliance with the land development regulations of the City of Boynton Beach. In fact, the proposed boundary plat is not making any changes to the Boynton Festive Center other than affecting underlying ownership in the two parcels being subdivided. The subdivision plat being submitted is, in essence, a boundary plat, which is being requested to satisfY strictly business and taxing concerns rather than technical concerns. The shopping center will continue to operate as before as a result of a detailed Operation and Easement Agreement among all tenants which has been recorded in the public records of Palm Beach County in Official Record Book 9100, Page 1799. The Operation and Easement Agreement, which I am enclosing herein, controls all aspects of management and operation of the center. The Agreement specifically addresses ingress, egress, utility and other easements. It also addresses maintenance and repair of common areas, utilities, building improvements and pylon signs, as well as addresses the operation of the Center. Article II, 2.4 of the Agreement specifically contemplates the subdivision of the Shopping Center into two or more parcels by separation of ownership. Please note that the definition of "Shopping Center" in the City of Boynton Beach Land Development Regulations is " a group of retail commercial and/or service establishments planned, developed, managed and operated as a unit." The underlying ownership of parcels within a shopping center is not a factor. In conclusion, I hereby request your consideration in waiving master plan review of the Boynton Festive Center. In the alternative, I am submitting herewith eight copies of the proposed master plan for the Boynton Festive Center. I look forward to an expeditious review of the marter. Thank you very much. Sincerely, r.Q#~ Jill A. Jarkesy Enclosures cc: Mr. Bill Hukill (with enclosures) Mr. James Cherof(with enclosures) Ms. Carrie Parker Mr. Doug McMillen ....,..,:- -....-"""* Jill A Jarkesy, P.A. 1812 SW 17th Street Boca Raton, Florida 33486 Jill A. Jarkesy 00 6281996 393-1757 PLANNING AND ZONING DEPT. Re: Boynton Festive Center/Subdivision Plat ~. .f </< ~11 ~ > I~ '0 rjJrft. .1t1 C ~Q) .I \ ~ ~..> NO pi!" ~ V" i-' \~ V., 1fJ ~~ r Jlj X ~lf=' /t,/ ,y}? ~~ i<J ~ I~\~l, ~~J I ~1J;" f " .lll~ dV' . V- ~u August 22, 1996 Ms. Tambri Heyden Director of Planning and Zoning City of Boynton Beach 100 East Boynton Beach Boulevard Boynton Beach, Florida 33425 Dear Ms. Heyden: I represent Mr. Doug McMillen, the developer of the Boynton Festive Center, relative to the subdivision of the shopping center. A subdivision plat has been prepared and is being simultaneously submitted to Mr. Bill Hukill along with this request for a waiver or approval of a Master Plan for the Boynton Festive Center. In accordance with your "Fees for Land Development Related Activities" schedule., I am enclosing herewith a check in the amount of 51000.00 payable to the City of Boynton Beach. The Master Plan being submitted is identical to the Site Plan which bas been previously reviewed and approved by the City of Boynton Beach with the exception of the addition of the location of the subdivision boundaries. As you are well aware, the construction of the shopping center is nearing completion. Longhorn Steakhouse, Hops Restaurant and Borders have all received Certificates of Occupancy and are open for business. AU infiutrueture, including but not limited to parking, siguage, lighting, landscaping and all underground utiliti~ are installed and complete. The construction of the Ciraait City Store is well under way with a grand opening scheduled for November. . As a resuJt of the ~! ~ ~ ~ you waive ~ plan review in lICCOrdance with Chapter 3, Article ~ Section 2 of tile Land Development Regulations of the City of Boynton Beach. The subdivision plat being submitted meets criteria set forth is sub-paragraph F of Article II, Section 2, Exemption to Master Plannin8, First, the proposed subdivision is not changing pre- existing configuration ofbuildings or site or reducing emergency vehicle access. Second, there is no change of use which inaeases the required DUmber of off-street parking spaces. Lastly, there is compliance with the land development regulations of the City of Boynton Beach. In fact. the proposed boundary plat is DOt malri"8 any changes to the Boynton Festive Center other than affecting underlying ownecship in the two parcels being subdivided. RJ-:-'l" r ~ r, ~ T~D ._41 ;.... '. .;...,...~. c' ~ n <( ~ \\ Gr / ,f 'vO nW 0 ^.!~ ' (VJr \ , f.,t"i li A" l' , ~ L~ n ~t-- C IV .' ",ca ^'- .':~L' 'f \)'" /y\"iJ /\ L' ,c' n.... 1996 \ ;.~ .-_ t"J CITY MANAG::~i~) ~JFFiCa - ---..~~_.- ,~ I ..,.. ^ The subdivision plat being submitted is, in essence, a boundary plat, which is being requested to satisfy strictly business and taxing concerns rather than technical concerns. The shopping center will continue to operate as before as a result of a detailed Operation and Easement Agreement among all tenants which has been recorded in the public records of Palm Beach County in Official Record Book 9100, Page 1799. The Operation and Easement Agreement, which J am enclosing herein, controls all aspects of management and operation of the center. The Agreement specifically addresses ingress, egress, utility and other easements. It also addresses maintenance and repair of common areas, utilities, building improvements and pylon signs, as well as addresses the operation of the Center. Article II, 2.4 of the Agreement specifically contemplates the subdivision of the Shopping Center into two or more parcels by separation of ownership. Please note that the definition of "Shopping Center" in the City of Boynton Beach Land Development Regulations is .. a group of retail commercial and/or service establishments planned, developed, managed and operated as a unit." The underlying ownership of parcels within a shopping center is not a factor. In conclusion, I hereby request your consideration in waiving master plan review of the Boynton Festive Center. In the alternative, I am submitting herewith eight copies of the proposed master plan for the Boynton Festive Center. I look forward to an expeditious review of the matter. Thank you very much. Sincerely, F.aj~ Jill A Jarkesy Enclosures cc: Mr. Bill Hukill (with enclosures) Mr. James Cherof (with enclosures) Ms. Carrie"P.. ker Mr. Doug McMillen If/'>. THEODORE R. MAJDIAK & ASSOCIATES iJUo ARCHITECTS I PLANNERS r' I' 1: ' Uti , ~^- ~ 0 W ~ ill NOV , 8 9J3 PlANNING AND ZONING [PT. SUITE 214, 5300 NORTH FEDERAL HIGHWAY, FORT LAUDERDALE, FLORIDA 33308 305/772-151 () TRANSMITTAL TO: City of Boynton Beach 100 East Boynton Beach Blvd Boynton Beach, FL 33425 DATE: 11-15-96 RE: Boynton Festive Center ATT :Michael E. Haag Current Planning Coordinator WE ARE HEREWITH ENCLOSING THE FOLLOWING: 3 copies Master Plan, Sheet 1 of 1, dated Rev. 11-14-96 As requested by MS Jill Karkesy. VERY TRULY.YOURS, THEJbORE R. MAJ~IA~ & ASSOCIATES /' i ctct A--J By/Theodore )(~ Majdiak, AlA \.. CC: + encl: Jill Jarkesy Douglas A. McMillen