Vermeer Southeast Sales DEVELOPMENT ORDER OF THE CITY COMMISSION OF THE
CITY OF BOYNTON BEACH, FLORIDA
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PROJECT NAME' Vermeer Southeast Sales ~ ~.. V ~' ~
APPLICANT'S AGENT: Jon E. Schmidt- Jon E. Schmidt & Associates
APPLICANT'S ADDRESS: 333 Southern Blvd. Suite 200 West Palm Beach, FL 33405
DATE OF HEARING RATIFICATION BEFORE CITY COMMISSION: April 15, 2003
TYPE OF RELIEF SOUGHT: Request for relief from LDR Chapter 7.5, Article II, Section 5.E.-Buffer
Requirements.
LOCATION OF PROPERTY: 1060 W. Industrial Avenue, Boynton Beach, FL
DRAWING(S): SEE EXHIBIT "B" ATTACHED HERETO.
X THIS MATTER came before the City Commission of the City of Boynton Beach, Florida
appearing on the Consent Agenda on the date above. The City Commission hereby adopts the
findings and recommendation of the Planning and Development Board, which Board found as follows:
OR
THIS MATTER came on to be heard before the City Commission of the City of Boynton
Beach, Florida on the date of hearing stated above. The City Commission having considered the
relief sought by the applicant and heard testimony from the applicant, members of city administrative
staff and the public finds as follows:
Application for the relief sought was made by the Applicant in a manner consistent with
the requirements of the City's Land Development Regulations.
The Applicant
X' HAS
HAS NOT
established by substantial competent evidence a basis for the relief requested.
The conditions for development requested by the Applicant, administrative staff, or
suggested by the public and supported by substantial competent evidence are as set
forth on Exhibit "C" with notation "Included".
The Applicant's application for relief is hereby
~.. GRANTED subject to the conditions referenced in paragraph 3 hereof.
DENIED
5. This Order shall take effect immediately upon issuance by the City Clerk.
All further development on the property shall be made in accordance with the terms
and conditions of this order.
Other
DATED: ~- IE-O.3
S:\Planning\SHARED\WP\PROJ ECTS\Verrneer Southeast
City Clerk
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Jon E. Schmidt and Associates
Landscape Architecture and Site Planning
EXHIBIT "A"
LETTER OF APPEAL
Thursday, March 13, 2003
Mr. Michael Rumpf, Director of Planning and Zoning
Planning and Zoning Division
100 E. Boynton Beach Blvd.
P.O. Box 310
City of Boynton Beach, Florida 33425-0310
Landscape Appeal
Vermeer Southeast Sales and Service, Inc. Facilities
At Boynton North Industrial Park
Dear Mr. Rumpf:
The nature of this landscape appeal is to eliminate the required hedge and tree buffer on
the eastern property line of the proposed Vermeer warehouse facility at 1060 West
Industrial Avenue currently under construction. The uses east of this property include: a
new Tri-Rail track project currently under construction at an elevation 10' to 15' higher
than the subject property grade and an existing CSX railroad track further up the
embankment some 15' to 20' higher in elevation, and a berm with natural hedgerow of
vegetation at additional elevation. These features virtually block the view from 1-95
corridor immediately to the east of the railroad. The existing berm includes a natural
vegetation hedgerow barrier of native Scrub Oak, Live Oak, Silver Palmetto, Florida
Myrtle and other plants block the entire site except the roofline of Vermeer facility some
600+ feet west of the Interstate. The requirement of a landscape buffer should not be
considered an effective screen due to the major change in grade between the two uses and
existing vegetative barrier currently in place.
Special conditions existing on the subject site also support this appeal include: A 10'
wide Utility Easement that was granted the City of Boynton Beach for the purpose of a
16" ductile iron sewer force main installed at approximately 5'-6' west of east line within
the easement. In addition a 6" water main was installed 6'-7' west of the granted
easement. As a result of the recently discovered 6" water line apparently installed
outside the easement, on subject property, the Utilities Department is requesting an
additional 14' easement further encumbering the east portion of the property. The
Utilities department policy does not allow protruding root structure or canopies extending
333 Southern Boulevard Suite 200 West Palm Beach, Florida 33405 · Tel. (561) 659-6690 Fax. (561) 659-6691 E-mail: JschmidtCCflite.net
.... EXHIBIT "A"
LETTER OF APPEAL
over any utility lines, thus the installation of trees over these existing pipes is prohibited,
rendering the landscape code non-compliable. Enforcement of the existing landscape
code would represent unfair hardship on the applicant as providing the hedge and tree
line will not further the code's intent to buffer adjacent properties.
In the event this appeal is granted it will be to mutual advantage of City of Boynton
Beach Utilities and Vermeer Southeast Sales and Service, Inc. and will not adversely
affect public interest.
EXHIBIT "B" ---'m
i REAR LANDSCAPE BUFFER
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EXHIBIT "B"
REAR LANDSCAPE BUFFER
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Plant List
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Location Map
Vermeer Southeast Sales
EXHIBIT "C"
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BOYNTON CANAL ~-,.~.6-
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1000 Feet .~
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EXHIBIT "D"
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EXHIBIT "F"
Conditions of Approval
Project name: Vermeer Southeast Sales
File number: LAAP 03-001
Reference: 1 st Review plans with a March 14, 2003 Planning & Zoning department date stamp mar'~ zing.
DEPARTMENTS INCLUDE REJECT
PUBLIC WORKS- General
Comments: None X
PUBLIC WORKS- Traffic
Comments: None X
UTILITIES
Comments: None X
FIRE
Comments: None X
POLICE
Comments: None X
ENGINEERING DIVISION
Comments: None X
BUILDING DIVISION
Comments: None X
PARKS AND RECREATION
Comments: None X
FORE STER/ENVIRONMENTALIST
Comments: None X
PLANNING AND ZONING
Comments: None X
ADDITIONAL COMMUNITY REDEVELOPMENT AGENCY BOARD
CONDITIONS
Conditions of Approval
2
DEPARTMENTS INCLUDE REJECT
Comments:
1. Should existing stand of landscaping within the railroad right-of-way be X
removed the applicant shall be required to install a landscape buffer along
the eastern propert7 line as required by today's code.
ADDITIONAL CITY COMMISSION CONDITIONS
Comments:
1. Should CSX remove their buffer, the applicant shall not be required to X
replace the buffer. (See CRA comment #1).
S:XPIanningXSHARED\WPXPROJECTS\Vermeer Southeast SalesXLAAP\COA.doc