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APPLICATION APPLICATION ACCEPTANCE DA; ~ OJ FEE PAID '~ ~ -r-NC\) -C~~ \ Vl . , RECEIVED BY Sl F MEMBER NH- RECEIPT NUMBER '5385 flDJ m & fl D VilJ It1R 2 , CITY OF BOYNTON BEACH 11{) I~-r H! I"," lJ 11 r Ii j ZONING CODE VARIANCE APPLlCA liON 1 j SUBMITTAL DEADLINE SEE SCHEDULE OF DATES FOR BOARD MEE- SUBMITTAL DATES PLA"~--' ; ! 'l N i ^Jt''''' t~; 1l"'\ -----., I f~ 1 rH'iU I~G DEPT. ""'--~~.. Please Print (in ink) or Type Submittal Date The undersigned owner(s) hereby respectfully petition(s) the Planning and Development Board to grant to petitioner(s) a special exception or variance to the existing Zoning or Sign Code of said City pertaining to the property hereinafter described and in support thereof state(s) Property involved is described as follows Lot(s) 32 - 38 Block N/A Plat Book 60 Subdivision Quantum Park at Boynton Beach P.I D., plat No 3 Page 29 or otherwise described as follows Property Address Currently vacant Relief'from Chapter 2 Zoning Section 7 H 17 to allow Variancereque~ed a 25' peripheral greenbelt as opposed to the required 40' ( I 10+ ~~CA. 40 ~ J ~CWa.. G('} 5 E e.e",r\Q.A. ot lot The following documents are reqUired to be submitted with this application to form a single package Incomplete package will not be accepted aLl ~ u,)~ od~~ 'Propev{~ I, ne5 Meat. oX 0- CIao CU\q..tQ 1 Two sealed surveys by a registered surveyor in the State of Florida, not over six (6) months old, indicating A. All property lines B North arrow C Existing structures and paving D Existing elevations E Rights-of-way, with elevations F Easements on or adjacent to the site \ G Utilities on or adjacent to the site H Legal Description I Number of acres to the nearest one-hundredth (1/100) of an acre J Location sketch of property K. Surveyor's Certificate 2 Two site plans properly dimensioned and to scale showing Page 2 Zoning Code Variance Application A. All proposed structures B All existing structures that are to remain on site C Setback lines for all structures drawn perpendicular from the property lines to the closest vertical wall of structures o Use of each structure (or uses within multiple occupancies) E Use of adjacent properties including right-of-way lines for all streets and alleys, sidewalks, turn lanes and driveways F Elevations of the lowest finished floor of all structures on the site 3 Certified list of names and post office addresses of property owners and legal descriptions of their property within 400 feet of subject property, as recorded in the County Courthouse, including a tax map showing placement of 400 feet boundary Such list shall be accompanied by an Affidavit (see attached) stating that to the best of the applicant's knowledge, said list is complete and accurate, as well as labels or addressed envelopes and postage (1st class-- stamps or payment for required postage) 4 Proof of ownership of property by petitioner(s), such as deed or purchase contract agreement. If an agent is submitting the petition. a notarized COPY of a letter designating him as such must accompany the petition. 5 Statement of special conditions, hardships or reasons justifying the requested exception or variance Respond to the six (6) questions below (A-F) on a separate sheet (Please print or type). A. That special conditions and circumstances exist which are peculiar to the land, structure or building involved and which are not applicable to other lands, structures or buildings in the same zoning district; B That the special conditions and circumstances do not result from the actions of the applicant; C That granting the variance requested will not confer on the applicant any special privilege that is denied by this Ordinance to other lands, buildings or structures in the same zoning district; o That literal interpretation of the provisions of this chapter would deprive the applicant of rights commonly enjoyed by other properties in the same zoning district under the terms of the Ordinance and would work unnecessary and undue hardship on the applicant; E That the variance granted is the minimum variance that will make possible the reasonable use of the land, building or structure, F That the granting of the variance will be in harmony with the general intent and purpose of this chapter and that such variance will not be injurious to the area involved or otherwise detrimental to the public welfare 6 An application fee in the amount of $400 00 plus postage, payable to the City of Boynton Beach, must accompany a completed application The $400 00 application fee covers a request to vary one (1) section of the Code Seeking relief from more than one section of the Code will require payment of $100 00 for each additional Code section Page 3 Zoning Code Variance Application Gateway Business Park, L.C. c/o Edward Mitchell Premier Commercial Realty, Inc 2100 Park CQntral Blvd. North, Suite 900 Pompano Beach, FL 33064 Lee, ASLA, AICP/Winston Lee & Assoc., Inc. 7 Name and address of owner" 8 Name of applicant: Winston Applicant's address Applicant's phone #' 561-689-4670 Date)JJfJJj. .z...1 ,1.J:RxJ Signature of Applicant: TO BE COMPLETED BY PLANNING AND ZONING 1 Property is presently zoned formerly zoned 2 Property Control Number' 3 Denial was made upon existing zoning or sign requirements (list section(s) of Code from which relief is required) 4 Nature of exception or variance required 5 Case Number' Meeting Date Page 4 Zoning Code Variance Application TO BE FILLED OUT BY BOARD PLANNING AND DEVELOPMENT BOARD Approved Aye Denied Nay Stipulations Signed Chairman Page 5 Zoning Code Variance Application CERTIFICATION TO THE BEST OF MY KNOWLEDGE AND BELIEF, THE ATTACHED LIST IS A TRUE AND CORRECT LIST OF PROPERTY OWNERS WITHIN FOUR HUNDRED (400) FEET OF THE APPLICANT'S PROPERTY NOTICE TO APPLICANTS FOR REZONING ANDIOR LAND USE ELEMENT AMENDMENT CONDITIONAL USE APPROVAL ZONING CODE VARIANCE All applications received by the City of Boynton Beach after August 1, 1985 shall be accompanied by mailing labels with the names and addresses of all property owners within four hundred (400) feet of the subject property Applications will not be accepted without these mailing labels CONTACT -- PALM BEACH COUNTY PROPERTY APPRAISERS OFFICE A TTN MAPPING DIVISION 301 North Olive Avenue West Palm Beach, Florida (561) 355-3881 S:\PLANNING\SHARED\WP\FORMS\APPS\ZNCV\ZNCV.APP Junel,1997 FROM UNITED DREDGING CORPORRTION 1AR-i4-00 TU~ 05:12 P1 OHONE NO. 5614980052 ;:~X NO, M: 11 2000 04 46PM P3 P 02 -. This Instrument Propa.red by, Reoord and lWtu.rn. to. ~arkl.ArQnsQn,~Q Holland &. Knight LLP 701 Bric!tQU Awnue, Swte 3000 Miami, F~otldn $3131 SPECIAL WARRANTY l)EED 'l"hl' Spe~1.1 Warranty Deed is tnade by COSMO INTERNATIONAL CORP., a Florida corpora.tion formerly known as BGI Industries Ine" a Florida corporation ("Grnntot'), whole addNIf it' 1441 S W SSrll Place I Fort l~uderd.al.e, FlOria.R SSS15 to GATEWAY BUSINESS PARI( L.C., a Florida 'Umited liability CI)mpany ('Grantee''), whose addMRa is 2100 Park Central Blvd. North, S\ti~e 600, Pompano BCflCh, Florida 33064. and whol;Q Tll.'C I.D number is ..-~ Granter, for and in consid.eration Qr thf;l sum of Ten And No/lOO DolliU'6 ($10,00) and other good aDd valuable conluderntion paid to Cltantor by Granteo, the receipt and suft'i.c1eney of' which a.re hexeby acknowledged, grants, bargains, sells and conveys to Grantee, Grantee's hairs, SUCOOSBOrs and asslan~ forever, the following described 1.1lnd, situate, lying and being in Palm Beach County, Florida. LotI! 32, as. SoJA, 84B. 35, 381 37 and 88. QUANTVM PAltK AT BOYNTON BEACH. p,r.D, PLAT NO, 3, according to the Plat th~t'eof Qn file in th~ Ofi1ce of the Clerk of the Circuit Court in and for Palm Beach County, Flod!;1..", ....ecoI'dQd in Plat Book 60. Page 29, said lands situate. lying and being in Palm Beach County, Florida. Folio No 08 48 45 17 09 000 0320 (ali to Lot 32); Falla No. 08 43 45 17 09 000 0330 (as to Lot 38) Folio No. 08 43 ~5 17 09 000 0841 (as to Lot S4A) Folio No 08 43 45 17 09 000 0342 (as to Lot 3413) Folio No, 08 43 46 17 09 000 0860 (u to Lot 3~) Folio No 08 43 45 17 09 000 0860 (ns to Lot 36) Folio No. 08 43 45 17 09 000 0870 (6.5 to Lot 87) Folio No, 08 43 415 17 09.000 0380 (as to Lot 38) ,- . FROM UNITED DREDGING CORPORATION OHONE NO. 5614960052 M, 11 2000 04 47PM P4 P 03 ~~R-:4-00 rUE 05 13 ?~ F fiX NlJ. ,_ Togethe;r; Wi;n ell strips, JJo:rQ~, easQ:ments. 'Privileges, :rights roeeivcd under any !'QICf1s~d of de.,d xestrictions or doed l'egervat.iol1s, tenem.ents, hered.itaments and appurtenances belonging to the Innd. and Together Wi1;!1 all of GrAntor's right, title and inte:re9t, it any. in and to the streets, avenues, ronds, wayS, alloys. wlltOYWays and canals, open and proposed, in front of or adjoining tho land, 'fo Have And T:> Hold tho stuna b feQ slInplG forover Thi8 C011,veyanoa J.S made subject to: (a) Taxoa for the year 2000 nnd subsequent yeal'a; (b) Apphcl1blo zoning ordinances, (e) Conditions, restrichona, limitations and eagelhents of record identified on Exhlblt "A", which are not reimposed by this instrument; Grnntor oovenall~ that at the time of df,livery of this deed, except 8.1!1 desG{ibed Fl.bove, tho property is fr00 of any encumbrance mad~ by Grantor, and Gl"au~tlr specially warrants the title to the property, and will defend it a.gainst the .~ lawful elaiJns and damnnds of all persons claIminG' by. thrDugh or under Grantor, but against nOne other Glf1Zlto:r.' repre8el\te E\~d wo.nanta that the land ia not f1I1d u,v~:r hll8 been GUANTOR'a rQli'li~enoo or homestead, as thnt word is defined irt the Consbtutiou of the State of Florida. Qro.ntol' has duly execu.ted this in&trwnent on the ~day of March, 2000 Signod, $ealed &.nd delivered in the prC5encc of: .JA.,{ O-AA- {,r Name: K,,-s-' ~ COSMO INTERNATIONAL CORP., a Floridu corpoflltion flkJOo BGr Industries Inc., n Floridn. corporation By:~p"/ Edwa~d L. Cabral, Vice President ...., 2 . FROM UNITED DREDGING CORPORATION CHONE NO. 5614960052 ~AR.14-00 TUE G5 .3 p~ Ff\X ~O. M< 11 2000 04 48PM P5 P 04 COUNTY OF BROWARD ) ) SS ) - STATE OF 'FLORIDA The for(lgoing instrument WIlB acknowledced bofote roe this 2nd day or March, 2000 by Ed'waTd 1.1. Cabral, Vice Presidant of CosmO International Corp., 0. Florida corporation flkJa 801 Inclustl'ies Inc., a Flonda corporation, ~ho.JJ personally known to roe 01' who has produced - . 8.B identification. _~'~ ~ cL.- Nottrr". Public _ I N aJnQ: tu (i>.. C" I fI- t \. " of., C WI ""'_ Commission No. ~~~i8sion exp1l8S. "... * * M...ial'~' ...,. CefMllNkln CClil1lIOO$ ... .... llllpil.. Oct. 1 "IIGe4 .., o"~,,,, ,-. MtA1"l:,c~, ...1 ..... 3 . ~R-14-00 iUS 05 j4 ?~ FAX NO, M; 11 2000 04 48PM P6 P 05 FROM UNITED DREDGING CORPORATION PHONE NO. 5614960052 .".,. EXHIBIT "A" a) Rostdctions ana easements illS oontained in the Plat of Qu.nntum Parlt at Boynton Beach, P.l.D" Plat No.3, recorded in Plat Book 60, at Pa(;'e 29, of the Public Records of Palin Beaeh County. Floricia. 'b) Restrictions, <Xlvenants, c:onditiow; and GQI)eru~nts, which lnclude provi&ion~ for a private charge or al$Q8S&:rneDt, Q$ contamed in the Decllll'ntion ot Protective Covenants of Quanl:um Puk at Boynton Beach, Q9.ted Octc,bor 14. 1987. and rec;)rded October 15. 1987 in Official ~Cord8 Book 5450, nt Page 1106, to~thel" wlth the tl1l1GMment. as recorded in Official Records Book G3~3, at Page 218, all of'the Public RecordB of Palm Beach County. Florida. e) Adoption of Development Order recorded May 2~ 1985 in Official Records Book 4534, at Par:o 1726. m.odificAtions "Icordlid in Otaclal Records Book 4965. at Page 61~j Offici'll nOC01'~ Book 5090, nt l'aga 510; Official Recorda &ok 5584. at page 1273. Offici:U :record, Book 9679, at Pap 632 and Official Recorde Book 11878, at Ptl;e 1881. t'.ll of tlla Public Records of Palm. Beach County. Flo1'idn. .",", d) Aasigmnent of Resorva.tions lU set forth in untru.mel"l.t datod March 1, 199-1 nnd recorded Mal'ch a, 1994 in Official Records Book 81158, at Pa~ 1824, of tUQ Publio Recorda ofPahn Bench Co~ty, Flotida. e) RescrvatlonSl in favor of Trucrtees of the Internal lmp:rovemont Fund, as contuined in il'"struln.,nt, dnted AllgU!t 20, 1954 and recorded Sep~"mb~r 14, 1954 in Deed Book l06u, at Page 421, of th0 Publio Reoorda or Palm Beach County, Florida The l'ilht of Bntl")' hag been releued pl.U~uant to Florida Stlitutes 270 l:t (1995). ..... 4 . AGENT'S AGREEMENT This letter shall serve as authorization for Winston Lee, ASLA, AICP/winston Lee & Associates, Inc to represent Gateway Busmess Park L. C as agent at any public hearings and/or meetmgs regardmg the following petition. Variance application to the City of Boynton Beach to reduce the buffer requirement per Section 7(H) (17) . ston Lee & Associates will have the authorIty to consent to all e agr ed to for the above referenced application. rwin Sredni, Manager for Gateway Business Park, L.C., a FlorIda limited LiabIhty Company 3/IS/ro Date State ofFloq~a __\ County of ~\..lI' G ~. -', G..~. .J....... Before me, the undersigned authority, this day personally appeared crt.u\n J ~ 1\ who produced as IdentIfication o~ho is well known to ~nd known to be the indivIdual described in and who executed the foregoing instrument, and acknowledged to and before me that he executed such mstrument for the purpose therein expresses. C1 h ve hereunto set my hand affixed my officIal ...... . I'if~~~;'11111111111111l1l11l1l1.1 ~ ~..."y "tJe. AmarilIys Heredia ~ : (~'b Notary Public, State of Florida ~. ~ ~t;:,1_~ Commission No. CC 676508 >. ( ~OFf\.<l~ My Commission Exp. 09/0112001 :. ( (\.800.3.NOTARY Aa. Nowy ServIce &; SODding Co. ~ . ~.........)...)..........................,...........,..,..,................................y.,....................') seal this IN ~l'~ESS WHEREQ{, I ~':J\I) day of 11 D My commission Expir6l': Lease\GatewayBusinessParkLC agent'sagreement I ~inston , ee. ~ SSOclateS., Inc. ~ n \ ~,..r ~ 1,- 1 ~~. .' MAR 2 , r""Q Lambcapc \rchilecture Land Planning FSl #[C(II(1 March 21, 2000 Mr Michael Rumpf Planning & Zoning Division City of Boynton Beach 100 E Boynton Beach Blvd Boynton Beach, FL 33425-0310 RE. Quantum Business Center - Lots 32 - 38 Variance to Peripheral Greenbelt Width - Chapter 2, Section 7 H 17 Our File No 98010 14 Dear Mr Rumpf' Attached please find our variance application which requests relief from Chapter 2, Section 7 H 17 , the required 40' peripheral greenbelt buffer between a P I D and an adjacent residential zoning district. Pursuant to our telephone conversations, it is understood that this application will not be required to be heard at a TRC meeting as the proposed site plan has already been reviewed by staff and is scheduled to proceed forward for Planning & Development Board (P&D)review We have both agreed that the variance application may be heard concurrently with the site plan application at the next available P&D meeting which affords the City the ability to meet the 15 day legal notice requirements This will be able to be accomplished so that the applications can be scheduled for the April 11, 2000, P&D meeting, with the City Commission meeting to be scheduled for April 18th Please let me know at your earliest convenience, if you require any additional information Since our client is on a tight time line for the approval process, please confirm this schedule with me as soon s possible inston Lee, ASLA, AICP President cc. Edward Mitchell Bob Motchkavltz Eugene Gerlica Peter Corrales 1"'2 I )ld Okeechobcc Road. SUIte 106 West Palm Beach, FL 33409 ')270 kl "1-6"9-'+0'0 Fax "61-6:>N-""';;Q E mall wmstonwla,u,aol com I ~inston , ee. ~ sSOclateS., Inc. 10)) 7f"0~' r'- , 'Jr' < . , MAR2, LaJl(bcapc .\rchllcclurc Land Planning F S I #I-( ( 11 h GATEWAY BUSINESS PARK, L.C QUANTUM PARK LOTS 32 - 38 VARIANCE REQUEST A That special conditions and circumstances exist which are peculiar to the land, structure or building involved and which are not applicable to other lands, structures or buildings in the same zoning district. Response The land use on the adjacent piece is Industrial However, the vacant property retains its original zoning of residential The residential zoning is in conflict with the industrial land use As the land use is the governing factor for development, when a potential developer approaches the City, the adjacent property would be required to be rezoned to a zoning district consistent with the underlying land use of Industrial The current residential zoning is inconsistent with the adjacent property's land use and this should be considered a special circumstance in support of this variance request. B That the special conditions and circumstances do not result from the actions of the applicant; Response. The problem is an inconsistency of an adjacent property's zoning and land use, coupled with the City's development regulations mentioning only zoning as a factor in determining compatibility buffers and not considering the land use designation This situation is not a result of actions of the applicant. C That granting the variance requested will not confer on the applicant any special privilege that is denied by this Ordinance to other lands, buildings or structures in the same zoning district; Response The granting of the requested variance would not confer any special privilege to the property owner The denial of a variance would impose an unfair hardship of providing for a 40' residential buffer wherein industrial land use interfaces with industrial land use D That literal interpretation of the provisions of this chapter would deprive the applicant of rights commonly enjoyed by other properties in the same zoning district under the terms of the Ordinance and would work unnecessary and undue hardship on the applicant; I"i~ Old Okeechobce Road. SUIte! 06 West Palm Beach, FL 33409-'\270 Tel "61-6~9--f() ~() Fax "f1 1-6X9-5'\5C) E-mail wInstonwla,a aol com Response The literal interpretation of the code blindly refers to adjacent residential zoning and provides no consideration for the fact that it is undeveloped, is inconsistent with its land use, and is land used industrial E That the variance granted is the minimum variance that will make possible the reasonable use of the land, building or structure, Response As indicated on the site plan, a 40' buffer is provided between the subject site and the adjacent Industrial land used parcel along the entire perimeter, with the exception of a small area near the southwest corner of the adjacent piece This variance request is the minimum variance to make possible reasonable use of, and access to, the land F That the granting of the variance will be in harmony with the general intent and purpose of this chapter and that such variance will not be injurious to the area involved or otherwise detrimental to the public welfare Response As the adjacent parcel to be buffered has an Industrial land use pursuant to the City's Comprehensive Plan, this variance meets the general intent of the chapter when analyzed considering the Comprehensive Plan As the City's ultimate intent for the utilization of this land was for an industrial use,it would not be detrimental to the public welfare to reduce the buffer to the one actualty required when two industrial uses abut each other Page 2 GO\'ER:\I:\tE:"T-\L CENTER J FIFTH FLOOR 301 ",ORTH OLIVE A\'ENL:E WEST P -\L:\t BE,-\CH FLORIDA 33401 TEL (561) 355-3230 F.-\x (561) 355-3963 U -~~y R. NIKOL..ITS' CF A I PI ...F !' P 4M BEACH CoU!\TI' .. I - , . PROPERlY Af'PRAISER MAR2, MEMORANDUM BILLING ~vth ~. TELEPHONE (561) 689-4670 FROM. PALM BEACH COUNTY PROPERTY APPRAISER, CUSTOMER SUPPORT TO.JONI BRINKMAN/WINSTON LEE & ASSOC INC DATE. March 20, 2000 LISTED BELOW ARE CHARGES FOR DATA PROCESSING COSTS ASSOCIATED WITH THE PRODUCTION OF YOUR REQUEST PLEASE MAKE YOUR CHECK PAYABLE TO. PALM BEACH COUNTY PROPERTY APPRAISER. ISS COST SUMMARY APPLICATIONSIDEV SERVICES @$40/HR. COMPUTER TIME @ $ 58/PER SECOND PRINT LINES @ $1 01/THOUSAND LINES 679 TAPE INPUT/OUTPUT @ $3.39/PER THOUSAND TAX ROLLS SHEETS 4 TO 5 NUMBERS TO A PAGE $1 00 OTHER CHARGES LABELS @ $4 95/PER THOUSAND HOURS SECONDS LINES I/O $4.59 $069 24 $012 $300 MAPS #142 TOTAL AMOUNT DUE $840 I CERTIFY THAT I HAVE CALCULATED THE MEMORANDUM BILLING AND TO THE BEST OF MY KNOWLEDGE IT IS A TRUE AND CORRECT RENDERING OF COSTS INCURRED BY THIS O:FIC~ '. ~ ^' \,_ . SIGNED (\ ~~_~\\) DATE March 20. 2000 - REV3/15/00 AUTH. GL-\DES ARE1\. OFFICE 2976 ST:\ll': RO:\D 15 BELLE GL-\DE. FL 33430 TEL. (561) 996-4890 F.-\..x. (561) 996-1661 · NORTI-I COlJ:'.'TY OFFICE 3188 PGA BLVD P,-'\L\1 BEACH GARDE:>IS, FL 33410 TEL. (561) 624-652 1 F.",,: (561) 624-6565 ROYAL PALM BEACH OFFICE · 11500 OKFECHOElEE BLVD SlE. A ROYAL P,-'\L\1 BEACH, FL 3341 I TEL. (561) 790-600 1 FAX: (561) 79O.fiO 10 SOUTH COUNTY OFFICE 501 S Co:\GRESS -\\'1'., DEill.w BE....CH. FL 33445 TEL. (561) 276-1250 FAX: (561) 276-1278