CORRESPONDENCE
%e City of
~oynton 'Beacli
100~. 'Boynton 'Buu./i 'Boulevara
P.O. 'Bo~310
'Boynton 'Beadr., :Jforitfa 33425-0310
City 9fa[[: (407) 734-8111
:J5fX: (407) 738-7459
August 20, 1993
;~; tor'.3 'd e P a I' t n e 1"' sIll L t d .
e/S5 N. Military Tr.
P. B. Gardens FL 33410
ou 4J 46-04-UU-000-1050
storage Partners 111 Ltd.
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P. 8. Gar' den s F L 3 j 4 i 0
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Ou-4~-46-04-00-00U-l040
Dear Property Owner:
As part of the city's annexation program, we have been considering
methods by which the city can annex all properties within the
unincorporated enclaves. In April, the city Commission directed
staff to first follow an incremental approach to incorporating
these areas, beginning with voluntary annexation, and through
activation of the annexation requirement within water service
agreements.
You will recall that you have an agreement for water service with
the City, which also constitutes a petition for voluntary
annexation. According to this agreement, the annexation clause is
to be activated by the City at any time once the property is
eligible for annexation according to state law. Since at least a
substantial part of your property is contiguous to the City IS
boundary, your property is now eligible for annexation.
Therefore, please be informed that the City will activate this
clause of your water service agreement in october, when this
property (see property identification number on address label) is
annexed in connection with the City'S annexation program. Although
we have requested that you provide us with a copy of the deed and
survey for this property, if necessary, we will generate legal
descriptions and verify property ownership in order to complete the
required applications. As indicated in previous notices to
property owners, the city will waive the application fees and be
responsible for adjacent property owner identification and
notifications.
If you have any questions which regard this process, you may
contact Michael Rumpf, Senior Planner at (407) 738-7490.
very truly yours,
CITY OF BOYNTON BEACH
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Christopher cutro
planning and Zoning Director
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STORAGE EGUITIES. INC.
33 North Garden Ave., Suite 890
Clearwater, Florida 34615
(813) 462-8131
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Ms. Tambri Heyden
Planning and Zoning Director
100 East Boynton Beach Boulevard
Boynton Beach, Florida 33425
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Re: Stow-A-Way Self Storage Center
3000 North Federal Highway
Boynton Beach, Florida
Dear Ms. Heyen:
At the suggestion of Michael Rumpf, I am writing this letter in order to obtain a zoning
and development interpretation with regard to the above referenced property. Storage
Equities Inc. currently has the Stow-A-Way Self Storage facility under agreement to
purchase based on certain terms and conditions.
Although the Seller of the property has represented that the property can be expanded
based on the site plan as approved by Palm Beach County prior to the annexation by the
City of Boynton Beach, there was a concern by your staff with regard to our ability to
expand same. This concern is a result of the current zoning of the property within the
city. Therefor, as a result of the annexation we are requesting an interpretation of the
following issues:
1. Does the site plan approval by Palm Beach County for additional square
footage run with the land and allow the owner of the facility to expand even though
development of a self service storage facility is not allowed in the current zoning (the
majority of the property is zoned C-3 in the City of Boynton Beach). 1/'0
2. It is essential for the operation of Storage Equities, Inc. to build a manager's
residence within the boundaries of the property. Will this be a problem under the current
zoning? J...of ; It (!./.3 ..- IUd -\1, "( et--oJJ.--/ /.---1.A- ft-
3. Based on the fact the current use is considered a IInon-conforming usell under
the current zoning, would the use be IIgrandfatheredll to allow the owner to rebuild as a
storage facility should a casualty occur? '( e..'J Oi1JL! l-lA fr
We are nearing the end of our due diligence period. Therefor, I would appreciate if you
could respond to the above request at your earliest convenience.
Richard K
Acquisitions Officer
EXHIBIT -A- TO
AGREEMENT FOR WATER SERVICE ODTSIDE THE CITY LIMITS
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..OOSE. W. P. A.
OYKIN
.J. CASEY, P. A.
/. CIKLIN, P. A.
(.J. CIKLIN
.,." W. COLLETTE
.OBERT L. CRANE
B. .JEANE CRIPPEN
FREDRIC E. EPSTIEN
MICHAEL M. GFESSER
MICHAEL D. GORDON
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l.AW OFFICES
e CASEY CIKLIN LUBITZ MARTENS McBANE Be O'CONNELL
.r A PARTNERSHIP INCLUDING PROF"ESSIONAl. ASSOCIATIONS
MIKEL D. GREENE
LYNDA .J. HARRIS
DANIEL A. HERSHMAN
BRIAN B. .JOSLYN
BRUCE G. KALEITA
CHARLES A. LUBITZ. Po A.
RICHARD L. MARTENS. Po A.
l.OUIS R. McBANE, P. A.
CLAUDIA M. McKENNA
BRIAN M. O'CONNELL
PHIL D. O'CONNELL. .JR.. P. A.
.JULIEANN RICO
PAULETTE TORCIVIA
SUSAN WILLIAMS
OF COUNSEL
PHILLIP D. O'CONNELL. SR.
KERRY A. GREENWALD
NORTHBRIDGE TOWER I . 19TH FLOOR
515 NORTH F"LAGLER DRIVE
P. O. DRAWER 024626
WEST PAl.M BEACH. Fl.ORIDA 33402-4e2e
(305) 832-5900
May 20, 1987
City of Boynton Beach
utilities Department
and Ci ty Council
P. O. Box 310
Boynton Beach, Florida 33425
RE: "Agreement for Water Service Outside the City Limits"
Dear Sirs:
Thi s law firm represents Palm Beach Land & Associates, which
owns the parcel of real property that is the subject of the "Agreement
for Water Service Outside the City Limits" to which this letter is
attached. This law firm therefore acts on behalf of Ron P. pertnoy
and steven M. Shapiro, the principals in Palm Beach Land & Associates.
Our clients have informed us that they would be willing to
consent to annexation pursuant to Paragraphs 8 and 9 of the "Agreement
for Water Service Outside the City Limits" only if said annexation
would permi t the property to be developed for the uses currently
permi tted under the Palm Beach County Comprehensive Plan and Zoning
Code pertaining to the subject property. Palm Beach County zoning
regulations presently permit this property to be developed for self-
storage warehouses, and it is for this use that Palm Beach Land &
Associates seeks a utilities commitment from the City of Boynton
Beach. Therefore, if any annexation is required as a condition
precedent to the provision of utilities by the City, then my clients
respectfully request that an annexation be made contingent upon the
right of Palm Beach Land & Associates to construct self-storage
warehouses on the subject property. My clients believe that this use
is a reasonable use of the subject property consistent with surrounding
land uses, and the location and character of the site.
This letter shall constitute an addendum and shall be considered
in all respects as though it were a part of the "Agreement for Water
Service Outside the City Limits" to which it is attached.
. Boynton Beach
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~ties Department
nd city Council
.. age 2
May 20, 1987
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Should you have any questions, please do not hesitate to contact
us.
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Bruce. ei ta
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MEMORANDUM
10 July 1987
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TO:
Peter L. Cheney, City Manager
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FROM:
Carmen S. Annunziato, Planning Director
RE:
Shapiro-Pertno~ iequest for Water Service
The purpose of this memo is to comment on the request for water
service submitted by Lee Starkey for Shapiro-Pertnoy.
Shapiro-Pertnoy is proposing to construct a mini-warehouse
project on 3.86 acres of land, sandwiched between the Gulfstream
Mall Shopping Center on the south and the Gulfstream Mobil Horne
Park on the north, both of which are incorporated (see attached
Exhibit A). The land in question is adjacent to the corporate
limits of the City along 93% of its perimeter, and it runs from
u.S. 1 to Dixie Highway (see attached Exhibit B).
The project, as proposed, is not consistent with the policies for
future land uses in this area (see attached Exhibit C). As noted
in the text for Area 60, properties adjacent to u.S. 1 in this
area should be placed in a "Local Retail" land use category and
zoned C-3 (Community Commercial), and properties along Old Dixie
Highway should be placed in a "General Commercial" land use
category and zoned C-4 (General Commercial). The uses proposed
require an industrial land use category and M-1 (Industrial)
zoning in the City of Boynton Beach. However, the use proposed
is consistent with the zoning in Palm Beach County.
Based on the adopted policy for land uses in this area, it is
recommended that the request for water service not be granted,
that any development proposal for this property be consistent
with Comprehensive Plan policies, and that any request be
accompanied by an application for voluntary annexation.
C G...- ~ ___ ..J{ ~
CARMEN S. ANN~ATO
PERNOY/bks .
cc: John Guidry, Utilities Director
Lee Starkey, Adair & Brady, Inc.
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MEMORANDUM
To:
Peter L. Cheney, City Manager \J .
John A. Guidry, Director of Utilities~~
June 29, 1989
From:
Date:
.
Subject: Agenda Item - Water Service Agreement for Palm Beach
Land Associates I, Ltd.
We herewith transmit the following documents:
1. Original executed water service agreement
2. Copy of Warranty Deed with legal description
3. Survey
4. Site plan
The subject parcel abuts the north side of the Gulfstream Mall,
which has water and a sewage lift station on-site. Water and sewer
service would be provided by extending a gravity sewer main and
appropriately sized water line northward, most likely along the east
side of the subject parcel.
We have no objection to this petition, and recommend it be forwarded
to the City Commission at the next available meeting.
dmt
Enclosures
bc: Peter Mazzella
xc: Carmen Annunziato (with enclosures)
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MEMORANDUM
12 July 1989
TO:
Mr. Peter Cheney
City Manager
FROM:
Carmen S. Annunziato
Planning Director
RE:
Water Service Agreement/Palm Beach Land Associates-
Stow-Away Self Storage
The Planning Department objects to granting an agreement for water
service for this property for the following reasons:
1. This property is immediately annexable. That is, it is conti-
guous to the City's corporate limits along its north, south, east
and west borders, except for the outparcels. To grant a water
service agreement prior to annexation would violate the City's
policy for allowing ties to the City's water system without
annexation when annexation is possible.
2. The proposed use, mini-warehouses, conflicts with the proposed
future land use as reflected on the current and proposed compre-
hensive plans. Both comprehensive plans suggest retail commercial
land use on US-l and general commercial land use on Dixie Highway.
In addition, this entire parcel can be developed for a new car
dealership under the new plan. This is an opportunity which should
not be wasted. '
3. Once before, the City objected to the development of this parcel
for mini-warehouse purposes. At that time, agreements for water
service were denied and the applicant's appeal to the County
Environmental Control Board was also denied.
It is recommended that the applicant apply for annexation in the
October 1 cycle requesting land uses consistent with the proposed
comprehensive plan.
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Carmen S. Annunz~o
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cc: Central File
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STOW-A-WAY MANAGEMENT COMPANY
May 9, 1994
City of Boynton Beach
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RE: Annexation Documentation, Storage Partners Three, LTD.
3000 North Dixie HWY. ( Stow-A-Way Storage Center)
Tambri Heyden,Director of Planning & Zoning
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Dear Mrs. Heyden,
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This letter is in reference to'the4'recent annexation of
our property into the city of Boynton." As Ididinot
object to the annexation, I do have some concern that
is related to some particular language in the documents
that were sent to me, in particular, the paragraph
heading Other on page 2. In discussing the change of
zoning related to our property, I had discussed the
matter of a 2nd' phase which was approved and is to be
constructed in the future, "and I am sure the City was ~.
aware of this. The reason that I went along with 1J?" ~.
the annexation in the first place is because I had n,.rfl,,~
a prior agreement with the city to supply water to ~
my site, in return that I would annex..-Ih.e__Q.J.:'~..9.inal .~ V 'v~
~approv~~~ite .p~a~_w._..hiCh the wat~r/~~we~ag~men~ W~R . OV/f 1
based upon allowed me _ to build in two phases up to fJ,v '.
a designated maxI'iiium-square footage. At the time I f~ .
wished to begin construction on a second phase, my (~P
only obligation was to apply for regular building 0 vV
permi ts. If this is still the case then we are seeing I -yl. 4 .
eye to eye. If is the case that the City would require I. L. rJ f "-
anything beyond standard building permit application, ~~~.&~'
then we will have a problem. I do not want and will not '{
do anything more than was originally required of me
when our agreements were made. Please let me know
of the cities intention in this matter as soon as possible.
Sincerely,
.~~.
Todd C. Marsha
President Stow-A-Way Management Company
copies to: Mr. Mike Rumph
(407) 626-0736/ (407) 626-6269
8755 North Military Trail, Palm Beach Gardens, FL 33410
STOW-A-WAY MANAGEMENT COMPANY
May 9, 1994
City of Boynton Beach
RE: Annexation Documentation, Storage Partners Three, LTD.
3000 North Dixie HWY. ( Stow-A-Way Storage Center)
Tambri Heyden,Director of Planning & Zoning
Dear Mrs. Heyden,
This letter is in reference to the recent annexation of
our property into the city of Boynton. As I did not
object to the annexation, I do have some concern that
is related to some particular language in the documents
that were sent to me, in particular, the paragraph
heading Other on page 2. In discussing the change of
zoning related to our property, I had discussed the
matter of a 2nd phase which was approved and is to be
constructed in the future, and I am sure the City was
aware of this. The reason that I went along with
the annexation in the first place is because I had
a prior agreement with the city to supply water to
my site, in return that I would annex. The original
approved site plan which the water/Sewer agreement was
based upon allowed me to build in two phases up to
a designated maximum square footage. At the time I
wished to begin construction on a second phase, my
only obligation was to apply for regular building
permits. If this is still the case then we are seeing
eye to eye. If is the case that the City would require
anything beyond standard building permit application,
then we will have a problem. I do not want and will not
do anything more than was originally required of me
when our agreements were made. Please let me know
of the cities intention in this matter as soon as possible.
Sincerely, ~.
~G.:r~
Todd C. Marsha
President Stow-A-Way Management Company
copies to: Mr. Mike Rumph
ill
ffi~rnowrn
rn
MAY I I 1994
L
(407) 626-0736/ (407) 626-62
8755 North Military Trail, Palm Beach Gardens, FL 33410