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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 ~~f!:.E~;W 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;BOY~FEST :4111'''';,.'1''' (;l!t''rlXl.'' 10" tf" (:"(+<:"""(11"'1 Jill A Jarkesy ~,-,. f}t? j7!'ll7i/-rC-- It 1J/. e ~L- ;tfi7.//6-tU .{ AIt:.Ncfl/ Cf ',~/~' .'/~ /.1. i , V ~ , 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 >-- ---.- oo~rn:l~;:~ 'm' 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. ----~--_._---_._----~-~"-~~ -~_. 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