CORRESPONDENCE
fJ1ie City 0/
':Boynton tJ3eacn
100 'E.. 'lJoyrJum 'Bead '&Julevan{
P.O. ~JI0
'Boynum 'BUJdi, :J1.orUfa J3425.0310
PHONE: (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
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City Engineer
WVH/ck
xc: Carrie Parker, City Manager
James Cherof, City Attorney
Al Newbold, Deputy Director of Development
Mike Haag, Curro Planning Coordinator
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Jill A Jarkesy
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Jill A Jarkesy, :P.A.
1812 SW 11th SlIeet
Boca Ratcn. Florida
334B6
(401) 393-1751
August 22~ ) 996
Ms. Tambri Heyden
Director of Planning and Zoning
City of Boynton Beach
100 East Boynton Beach Boulevard
Boynton Beach, Rorida 33425
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ENGINEERING
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 bas 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 Beacl1.
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 St~ Hops Restaurant and Borders have all received
Certificates of Oca1pancy and are open for business. AU infrastructure. including but not limited
to parking. sigaage. lightin&, Jandscaping and all underground utilities. are installed aud complete.
The construction of the Circuit City Store is well under way with a grand opening scheduled for
November.
As a resuh of the foregoin& 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 ~bdivisioD plat being submitted meets criteria set forth is sub-paragraph F of Article
n. Section 2. Exemption to Master PLmning. FIrSt the proposed subdivision is not changing pre-
aisting configuration of buiJd1r\g!!: or site or reducing emergency vehicle ~S. Second., ther'e is
00 cbangc of use which inaases the required DLIIDber of otf-street parking spaces. Lastly. there
is compliance with the land development regu1atioDs of the City of Boynton Beach. In fact. the
proposed boundary plat is DOt nullm,g any cbanges to the Boynton Festive Center other than
affecting underlying ownership in the two parcels being subdivided.
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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 J 799. The Operation and Easement Agreement, which 1 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.
~.a;~
Jill A Jarkesy
Enclosures
cc:, Mr: BiB HnkiD1:with enclosures)
Mr. James Cherof(with enclosures)
Ms. Carrie Parker
Mr. Doug McMillen