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CORRESPONDENCE ~ (0 L~_ ()"-? f '1 " l-.Jj -<<; .d '& ",ff u () Cj( 4....A A P c:> ~ . (.)Q I ~f, Michael To: Subject: roy, peter FW: BIPPOA buffer wall Pete, this is the latest from them. -----Original Message----- From: Merle Den Besten [mailto:merledenbesten@VermeerSoutheast.com] Sent: Wednesday, April 14, 2004 11:13 AM To: Rumpf, Michael Cc: Blasie,Scott Subject: RE: BIPPOA buffer wall Mike: Looking at my calendar reminds me it is time to update you regarding status. We have now received quotation on survey presumably required for Permit Application. We continue to research various styles and configurations meeting both City and State code requirements and viable for placement in confined area under FPL overhead power lines. Apparently business is very good for those providing this service as we have had considerable difficulty in getting prompt response to our inquiries. We have now narrowed the process to three potential suppliers who are in process of updating quotations, which we need to present to POA membership for approval and assessment of shared costs. We have also spoken with a Mr. Ed Tedtman of the Laurel Hills Homeowners Assn. to pre-alert them of our intentions and request their cooperation. He would like to see the buffer wall extended southward toward Boynton Beach Boulevard for continuity sake, with City of Boynton Beach participation but that is another issue. I did speak with Dan De Carlo and Doug Hutchinson regarding their monetary andjof public relations participation but found no optimism for such. This has been a more lengthy process that we had hoped, however with POA directors and members being deeply involved in their own business and some separation geographically, I guess that should be anticipated. In any event we will continue to keep you informed as this project comes nearer to pre-application. Any input you may have will be welcomed. Best Wishes to you and your staff. Merle DenBesten -----Original Message----- From: Rumpf, Michael [mailto:RumpfM@ci.boynton-beach.fl.us] Sent: Wednesday, January 28, 2004 5:43 PM To: Merle Den Besten Subject: RE: BIPPOA buffer wall Merle, Not long ago I had discussions with the Development Dept Director, and the city attorney who is researching the significance of setbacks shown on plats. Quintus and I were speaking about the setback issue, and he agrees that the plat prevails. Although we were talking about the significance of setbacks on a plat but I brought up the wall issue and he agreed with Engineering's position. Jim Cherof indicates that there is case law that supports setbacks on plats (meaning they prevail over current regulations). I don't think at this point he would contradict the position that has been taken by staff. I think you have a solid answer, or confirmation of the "quick" position taken by Dave Kelley. Mike -----Original Message----- From: Merle Den Besten [mailto:merledenbesten@VermeerSoutheast.com] Sent: Wednesday, January 21, 2004 4:34 PM To: Rumpf, Michael Cc: Lyons, Thelma; Greene, Quintus 1 ~~ \ ~_,. 'y'\_ 4 /11'--___ "~i y- t (,' -J ' o fiJ' t,!, ~- 4 ~., ? ;;J'''' ?' <t~'" ..........-t:' ~ f\:'<(-' 4/'J , Subject: FW: BIPPOA buffer wall Good afternoon, Mike: Just a follow up to determine whether or not you received any response from Mr. Kelley regarding the code variances and buffer wall placement. Additionally, have you had any conversation with Ms. Lyons or anyone else pertaining to this matter? We have heard nothing from anyone at City of Boynton Beach updating the process and are quite anxious to communicate with our POA, in fact our 2004 operating budget was supposed to be presented to the members prior to the annual board meeting which should be in February per by-laws. Additionally the longevity of this matter continues to extend. Thanks for any assistance you may provide. Best Wishes. Merle DenBesten > -----Original Message----- > From: Merle Den Besten > Sent: Tuesday, January 06, 2004 10:33 AM > To: 'lyonst@ci.boynton-beach.fl.us' > Cc: 'rumpfm@ci.boynton-beach.fl.us' > Subject: BIPPOA buffer wall > > Ms. Lyons: Thank you for your telephone time this morning as we discussed the deteriorating wall at western extremity of West Industrial Avenue. After you have had opportunity to review this situation and possibly do an on site inspection, please advise next step in the process. Further historic information may be obtained from Mr. Michael Rumpf and Mr. Scott Blasie. Any advice, suggestions or cooperative program the CRA may offer in this matter will be sincerely appreciated. Thanks again for your assistance. > > Merle DenBesten, BIPPOA Vice President > > Vermeer Southeast Sales & Service, Inc. > P.O. Box 555367 > Orlando, FL 32855-5367 (407) 2295-2020 2 The City of Boynton Beach ~O~; ?-n.., "" Po. Box 310 Boynton Beach, Florida 33425-0310 PUBLIC WORKS DEPARTMENT FAX' (561) 742-6285 www,boynton-beach.org OFFICE OF THE CITY ENGINEER April 16, 2003 Mr. Kenneth H. Kruger, P.E. 6792 Red Reef Street, Suite 100 Lake Worth, Florida 33467 RE: Vermeer Southeast Warehouse Revision Approval Request End Section Modifications and Surfacing Section Modification Dear Mr. Kruger, In response to your correspondence of March 21, and March 26, 2003 this letter is to serve as concurrence of your request to make revisions to the approved construction plans. We offer the following: 1. The proposed headwalls on the 24 inch culverts under the north and south driveways may be constructed as sand-cement riprap. Construction shall be in accordance with FOOT Standard Index 258. A copy of this index shall be attached to the Building Permit Modification request. 2. The rear yard area may be constructed using the proposed surfacing section of 4 inches of crushed/recycled asphalt (1 Y:z inch crusher run) over 6 inches of stabilized subgrade, as recommended by the Geotechnical Engineer. The owner shall be solely responsible for warranty and maintenance of the rear yard area. City of Boynton Beach accepts no liability for this design. If you have any questions or need additional information regarding this request, please feel free to contact me at 561-742-6482. You may proceed with a Minor Modification through the Planning and Zoning Department, with this letter of concurrence. Sincerely, LUck xc: Jeffrey R. Livergood, P.E., Director, Public Works (via e-mail) Timothy Large, Building Code Administrator, Building Department Michael W. Rumpf, Director, Department of Development/Planning & Zoning Frantz LaFontant, Engineering Plans Analyst, Public Works/Engineering (via e-mail) File America s Gateway to the Gulfstream Coale, Sherie From: Sent: To: Cc: Subject: Rumpf, Michael Friday, March 14,20035:17 PM Coale, Sherie Hallahan, Kevin RE: Vermeer Application All approvals must be ratified by the City Commission. And not the next CRA agenda this month (their spillover meeting) but the first meeting in April. MR. -----Original Messagenm From: Coale,Sherie Sent: Friday, March 14, 20034:08 PM To: Rumpf, Michael Subject: RE: Vermeer Application I guess my only question then would be... Are they going to City Commission? Kevin "suggested" to me that they are only going to CRA? and on the next agenda. It will wait until Monday, so you don't have to repeat it to Kevin. Happy Birthday. Sherie -----Original Messagenm From: Rumpf, Michael Sent: Friday, March 14, 2003 3:54 PM To: Coale, Sherie Subject: RE: Vermeer Application Because the last kevin and I knew that would not be part of it and avoided by changing species and avoiding any conflict with our code all together. Kevin will have to fill us in on Monday. MR. -----Original Message---n From: Coale, Sherie Sent: Friday, March 14,2003 1:36 PM To: Rumpf, Michael Subject: RE: Vermeer Application I have a check for the appeal, 12 sets of revised plans and a letter for the appeal. Kevins' request has to do with the caliper of the trees so I don't know why that wasn't included as part of the appeal. Sherie -m-Original Message----- From: Rumpf, Michael Sent: Friday, March 14, 2003 1:04 PM To: Hallahan, Kevin; Coale, Sherie Cc: Galav, Lusia Subject: Vermeer Application Importance: High Kevin, we received a request from a landscape architect for Vermeer regarding the planting specs for trees and shrubs but I'm not sure what is being requested and if the information we discussed with Mr. Kruger has been translated/communicated down to the LA This on your chair for review. Please confirm that this is not what we'd expected. Sherie, stand by for clarification. I don't believe a check was included which would have helped to narrow down the application type that was intended. MR. 1 Hallahan, Kevin From: Rumpf, Michael Sent: Thursday, March 13, 2003 5:26 PM To: Hallahan, Kevin Cc: Ducoste-Amedee, Maxime Subject: RE: Vermeer landscape appeal status A -, P <'{ I /<:" ' \ Kevin, Please be sure to include a brief explanation of the easement Lue along th ~ bOrd!'~n~IU~ng the pr~~: of the / \stray line that needs another easement which would further push the buffer westw~~, and Engineering's position on trees~ in easements. Also, we'll need digital photos of the subject border, particularly from the different relevant perspectives. Max could assist if you need support. Thanks, MR. v -----Original Message----- From: Hallahan, Kevin Sent: Thursday, March 13,200311:56 AM To: Rumpf, Michael Cc: Coale, Sherie; Tucker, Patricia; Galav, Lusia Subject: Vermeer landscape appeal status Mike. I called Ken Kruger this morning to check on the status of the landscape appeal letter, the 12 sets of plans, and the $200 application fee for the April 8th CRA aqenda. Ken will be by tomorrow (Friday) to bring each of the items to Sherie Coale for the file. Sherie has been setting up the file since Pat is in a class with you today and tomorrow. I have completed 50% of the staff report. I will complete the report on Monday next week. Ken Kruger is also preparing the required bond information for Don Johnson in reference to requesting a temporary c.o.in the next two weeks. If you need any additional information, call me on the cell telephone at 389-5357. Thanks. Kevin. 1 I TRANSMISSION VERIFICATION REPORT TIME 03/12/2003 13:59 NAME FAX TEL SER.# BROE2J409484 DATE, TIME FAX NO./NAME DURATION PAGE(S) RESULT MODE 03/12 13:58 91866529975367529 00:00:53 02 OK STANDARD ECM k~~e - -l ft^.~-ed -*l5 to kef) klC lJS~~( f1rf<:e - ~ tit c '1:JC (,J.() TC) d lAY . I' , :J.f.C{..! d ~f() I'.a( C J +-. " (J()<t(' Ii ( ,., {r: (I 1') /, .... f ~tJl~ t:.. V; /] r ko--s;c. Ie:... v ; e (.J -.S cr (...)C,. cc. \. l1. C "" -4 r. "" -# , /). 7t1k'r ,~, ICe.- t1'Q..C ~;~. P'7~ y From: Ken Kruger To: Director Mike Rumpf Date: 3/12/2003 Time: 12:26:20 AM Page 1 0' 2 FACSI~ILE COVER PAGE I 1.11 To: Director Mike Rumpf Fax #: 7426259 Company: Boynton Beach Planning c~ Subject Verrmeer SE Sales Sent 3/12/2003 at 12:26:14 AM From: Ken Kruger Fax #: 1-866-529-9753 Tel #: 561-434-4061 ---.-j ----- ---- I Pages: 2 (including cover) MESSAGE: Mike: I will call you Wednesday to discuss thH attached with you. In my followup tel conversation with Mr. DenBesten and Jon Schmidt, I was mclde aware that the primary problem and cost impact IJf the tree specification was with the oak trees (not necessarily the multi trunk trees that I discussl3d with you and Kevin). I believe that the points made in the second telephone conference are very releilant and on point - especially the fact that we do not believe that weare seeking any relief from code. We are seeking to specify and provide oak trees that meet BOTH of the followinQ : 1) The TRC requested 3" dia 12' high trees and 2) The BB Code requireml3nt that by definition a tree is a minimum dia of 2" at 4.5' n. If you can agree with us on the above, then we can keep the appeal letter simply to the req Jest 'for the east buffer change. I will call Wednesday to discuss with you Sincerely, Ken ~ 'r'- ~~'vJ ~ 14- .~~ ~ ~ IT /c ~ ~ ~ ~~ ~~ C'--lt~ ~ "0 ~ tt.; .~ Owl< WinFax PRO Cover Page t'f1~ 6L 8 ~ /2'{) 1'-1 ~ Ken( ~.~c~ ~~~J ~2( l<d(~~ From: Ken Kruger To: Director Mike Rumpf Date: 3/12/2003 Time: 12:26:20 AM Page ~ of 2 (Note View: Note 86 of 86) Tel Confwith Mike Rumpf & Kevin H. 03/Jl1/2003 M&K suggested that we agree on references to "code" 1) LDR Chapter 7.5, Art. 2, Sect 5.E - Buffer requirements - relieffrom for the east pll Kevin suggested that we do not include in the A.ppeal Letter the matter of the dbh and tree specs apJlrovuU. Thdr suggestion was for Jon to suggest a different species that better fits the size/cost that we are confortable with, but meets the original intent. They want us to write a separate letter to Mike R. or Kevin H (not an appl~al 01' variance letter requesting change for the code requirements...... but just a vegetation species revisioll thalt Mike and Kevin can approve administratively. Mike did confirm that the appeal submittal must be in by the end of this week, in order to be assured to bt: nn thf agendas in early April. Mike also confirmed that the submittal would .consist of 1) The appeal letter from Jon 2) 12 sets cfrev~ied plans corresponding to the letter 3) Check to the City of BB for $ 200 (could not talk him out of if). Tel Confwith Jon Sclunidt and Merle DenBesten (subsequent to above conversation) 03/11/2003 After discussion, we reached consensus that: 1) The BB code definition of tree is 2" dia mfasured at 4.5' height. 2) The staffTRC comments only stated 3" diil, 12' tree. Did not state caliper or 4.5' dbh method of measurement. A 3' dia tree, measured at 4.5' height would in fact exceed the BB Code definition of 3. tree.. ;md would in fact considerable exceed the height rt~quirement requested by TRC. 3) That a 3" dia tree, measured at the base, 'Yvould be a minimum of2" dia at 4.5' dbh. It would also be 12' to 14' in height. Thus, this size tree would meet "code" requirement. 4) Jon would change his plan to the tree desclibed in 3 above, and would submit a letter to Mike explaining thf reason for the plan change request. 5) Ken would talk to Mike R to confirm that he would agree, conceptmilly, with the above plan chaJI ge ami that: we would only include the east buffer change in the Appeal Letter. Ken will advise Merle and Jon after speaking with Mike R on Wednesday 3/12/03 Rumpf, Michael From: Sent: To: Subject: Rumpf, Michael Thursday, March 06, 2003 8:52 AM 'Merle Den Besten' RE: Landscape Appeal Letter Mr. DenBesten, I apologize for the once again lack of complete information conveyed to you. As I indicated to you, the only benefits of the Landscape Appeal over the variance process are that you do not have to prove "hardship" as required for the variance approval, and no public notifications are required. However, this is still a formal request for relief from the code intended to be granted if the intent of the code is met and found favorable by the Board and Commission. Again I apologize for the misunderstanding. Have your local agent contact us for details on the request and review schedule. Also, do not hesitate to have them contact Kevin regarding the bonding issue. Mike Rumpf Planning & Zoning Director 561-742-6260 -----Original Message----- From: Merle Den Besten [mailto:merledenbesten@VermeerSoutheast.com] Sent: Wednesday, March 05, 2003 4:45 PM To: Rumpf, Michael Cc: Ken Kruger (E-mail) Subject: Landscape Appeal Letter Hey, Mike; Sorry to hear of your accident, hope you are feeling better. I wish not to be a bother at this time but did wish to get a message back to you. Thanks for asking Kevin Hallihan to contact me to update me on the appeal. Kevin indicated that deadline for March 11th CRA meeting notification had expired and we should prepare for April 8th board meeting. I had interpreted your previous comments to indicate that an appeal letter could be handled administratively and no presentation to CRA board would be necessary. Our landscape architect, Mr. Jon Schmidt is preparing a letter of appeal and a revised site plan which may be ready Thursday, March 6th for your consideration. As your personal health and work schedule allows I would appreciate your advice on to whom this needs presented and confirming my understanding of the process. Again, we wish for you a speedy recovery. Merle DenBesten 1 FACSIMILE CITY OF BOYNTON BEACH City Hall, West Wing 100 E. Boynton Beach Blvd. P.O. Box 310 Boynton Beach, Florida 33425 (561) 742-6260 (561) 742-6259 Fax From the office of Planning & Zoning FAX: (407)293-8087 TO: Merle Den Bester DA TE: Michael Rumpf, Director of Planning & Zoning NUMBER OF PAGES: (including February 27, 2003 cover) 2 FROM: RE: Example of Request for Landscape Appeal If you receive this fax in error, or experience trouble with transmission, please notify our office immediately, at (561) 742-6260. Thank you. TRANSMISSION VERIFICATION REPORT TIME 02/27/2003 10:20 NAME FAX TEL SER.# BROE2J409484 DATE, TIME FAX NO./NAME DURATION PAGE(S) RESULT MODE 02/27 10:19 91407293808781848 00:00:53 02 OK STANDARD ECM I. .. ICI.... .. ..n"""..... .J..ndlOlPl ArcnlllCIII Plann.... ltitil forum Piece 8",1'" '00'" Wttt ,.Im eHoh, Florl~. 23401 14071__1&22 . Fe.: 1.4071 _2tIe.t - UNI~D PMCEL 6E~~S~~~~~~ION DATA CENTERi;~r~~/f~~~[~irnl AT REL INDUSTRIAL PARK r . L or"~; "~ ' } I I ,_.,.,"'.."..,........._ \ Pursuant to Chapter 7.5 Environmental Regulation Artlole " Landsoope Code SGCtlon 5.8 which atates "Perimeter 14nd$o~inQ relating to abutting propertIes on me site of a b~i1dln9 or atruotur8 or open lot use providing an off-street parking area, suoh areas should be Provided with a landscape barrier, preferable a hedge, to form a continuous screen between the off-street parking and abutting property. Such landscape barrier shall be located between the common lot fine and parking area.. The nature of this lemdscape appeal Is to eliminate the r8qulred hedge on the eastern sldo of the proposed and existing parking areas which are to the east of the existing structure, Due to the uses that exist to the east. that being a Lake Worth Drainage District Rlght-ot-Way, FP & l. easement and Interstate 95, and the fact that an existing hedgerow of v.g~ation already exists along the eastern perimeter of the property. The 8ite can only be vieWed from Interstate 95 And the existing vegetation DU1Ters that view. e along the north property line adjacent to the ./;" . '. '. "".' In exchange for the landscape appeal, additional landscape along Congress Avenue will be provIded where it wI/I 8erve a greater benefit to the public and ~ddltlonaJ Interior greenspace is provided where it will serve as a greater benefit to the employees. Speolal conditions that exist for the subject site to support this landsoape appeal is that the only properties abutting this site to the east are used for tranilportation and utility purposes. The proposed parkIng area Is a minimum of 600' from Interstate 95 and will not be visible. I.' ,~.I ........: ]1114; 11I1IMf:::::", :;.. .'. . . . .ii,... x IIterBlt.~~~rcem8n o' "t s requ remerit' wou ,toe t1n unfair hard. p On the application In that providing the hedge will not further the codes Intent to buffer adjacent properties. Granting this landscape appeal will further the United Parcel Service Landscap. Appeal OctoberS, 1996 Page 2 of 2 public interest In that additional buffering can be provided along Congress Avenue to SQreen parking areas visible to the general public. FACSIMILE CITY OF BOYNTON BEACH City Hall, West Wing 100 E. Boynton Beach Blvd. P.O. Box 310 Boynton Beach, Florida 33425 (561) 742-6260 (561) 742-6259 Fax From the office of Planning & Zoning TO: Ken Kruger FAX: (866) 529-9753 DATE: Michael Rumpf, Director of Planning & Zoning NUMBER OF PAGES: (including cover) 2 FROM: February 27, 2003 RE: Example of Request for Landscape Appeal If you receive this fax in error, or experience trouble with transmission, please notify our office immediately, at (561) 742-6260. Thank you. TRANSMISSION VERIFICATION REPORT TIME 02/27/2003 10:23 NAME FAX TEL SER.# BROE2J409484 DATE,TIME FAX NO./NAME DURATION PAGE(S) RESULT MODE 02/27 10:21 91866529975381848 00:01:03 02 OK STANDARD ECM ._~ "'~.,~, ~~- -~~- - IX LANDSCAPE APPEAL .;D1r~]JD JBi~ UNITeD PARCEL SERVIOE COMMUNI~TION DATA CENTER: ~Ji OCT 6\ J ~.L..,: AT REL INDUSTRIAL PARK I" . L "r' ..p t Pursuant to Chapter 7.5 Environmental Regulation Artlole II Landscope Code Section 5.8 whloh atatea "Perimeter landsoC'q)inQ relating to abutting properties on me site of a bLlildlng or structure or open lot use providing an off-street parking area, such areas should be provided with a landscape barrier, preferable a hedge, to form a continuous screen between the off-street parking and abutting property. Such landscape barrier shall be located between the common lot line and parking area.. The nature of this landscape appeal Is to eliminate the required hedge on the eastern sldo of the proposed and existing parking areas which are to the east of the existing structure. Due to the uses that exIst to the east. that being a Lake Worth Drainage District RIght-of-Way, FP & L easement and Interstate 951 and the fact that an existing hedgerow of v.gMation already $xists slong the eastern perimeter of the property. The site oan only be viewed from Interstate 95 ftnd the existing vegetation CU1Ters that view. In exchange for the landscape appeal, addltlonallandseape .'ons Congress Avenue will be provIded where it will serve a greater benefit to the public and <<ddltlonal Interior greenspace is provided where it will serve as a greater benefit to the employees. Landscape Appeal October 6. 1995 Pagtt 2 of 2 public interest In that additional buffering can be provided along Congress Avenue to SQreen parking areas visible to the general public. ~f, Michael From: Sent: To: Cc: Subject: Rumpf, Michael Tuesday, February 25,20032:18 PM 'merledenbesten@VermeerSoutheast.com' Hallahan, Kevin Vermeer project - variance request Mr. Den Besten, I realized after we spoke that the minimum needed would be a variance application which includes the advertisement requirement. You should proceed with collecting the property owner and address information as indicated in the application. This usually takes about a week but no sense waiting since the variance will be necessary and the property owners listing is a certainty and not tied to any of the open issues were are dealing with. The Department Director is also in agreement that you may request that all landscaping be bonded to allow the continued completion of the remainder of the project and starting its operation while the landscaping issues be resolved. I will relay the answers to your other questions as they are obtained. Michael Rumpf Planning & Zoning Director 561-742-6260 1 ~f, Michael From: Sent: To: Cc: Subject: Rumpf, Michael Monday, January 27, 2003 9:43 AM 'merledenbesten@VermeerSoutheast.com' Galav, Lusia; Byrne, Nancy FW: Confirming Letter re: landscape code Mr. Den Bensten, I am writing to offer my assistance with the application that Mr. Bressner has described to you as the option for revising the approved plans as you currently desire. Staff cannot initiate or propose changes to a private site plan. The formal request must come from the applicant, and in this case, is a landscape code appeal, and a modification to the approved site plan (the plans revised to show the proposed changes), including of course your justification for the change. As confirmed below in a note from Ms Byrne to others, to accommodate your continued progress and relocation, that portion of the project could be bonded allowing you to move forward with a temporary certificate of occupancy while the application is being processed. Given that the February meeting of the CRA Board is only 12 working days away, there would not be sufficient time to make this agenda. However, the temporary C.of o. can be used to allow you to continue moving toward completion and relocation while the application is being processed according to the schedule that corresponds with your ultimate submittal. Please contact me or Lusia Galav at 742-6260 for further assistance with this process. Michael Rumpf Planning & Zoning Director 742-6260 -----Original Message----- From: Byrne, Nancy Sent: Thursday, January 16, 2003 3:40 PM To: Rumpf, Michael; Greene, Quintus; Johnson, Don Subject: FW: Confirming Letter re: landscape code I also informed Kurt that the Landscape would need to be bonded for issuance of a TCO. Nancy -----Original Message----- From: Bressner, Kurt Sent: Thursday, January 16, 2003 3:39 PM To: 'Merle Den Besten' Cc: Ken Kruger (E-mail); Byrne, Nancy Subject: RE: Confirming Letter re: landscape code Merle, The letter covers the issues we need to address. I found out this afternoon from Nancy Byrne in development that relief from the City's landscape code must be reviewed by the Community Redevelopment Agency (CRA) then the City Commission. Procedurally, we will work on getting the report from staff to the CRA/Commission for their February meeting cycle. The CRA meets on February 11th and the City Commission on the 18th of February. In deference to your need to vacate the Pompano facility, the staff is prepared to work with you on a temporary occupancy permit as needed. I need to verify with Development if a legal notice has to be published for the CRA meeting or not. Therefore, the City Commission won't see this item until next month. Kurt Bressner -----Original Message----- From: Merle Den Besten [mailto:merledenbesten@VermeerSoutheast.com] 1 . Sent: Wednesday, January 15, 2003 2:27 PM To: Bressner, Kurt Cc: Ken Kruger (E-mail) Subject: Confirming Letter re: landscape code <<City of Boynton Beach.doc>> Mr. Bressner: I am attaching copy of sample letter drawn up in response to our meeting yesterday. Please look this over and advise by phone (800) 432-0810, after your perusal of this correspondence. I hope it is in keeping our discussion and reasonably represents our position with clarity. If you do have any suggestions of further explanation or modification for enhancement in your presentation to others, I am certainly open for constructive comment. I am checking with our insurance carrier as to possibility of supplying a performance or security bond if needed for obtaining a temporary Certificate of Occupancy, but preferred to leave this subject undressed in the sample letter pending more information from Federated Insurance and your response regarding any such necessity. I have also held off sending copy to Mr. Greene prior to receipt of your comments and from Mr. Kruger. Again, my sincere thanks for your cooperation and any further advice you may offer. 2 Duncan, Arlette From: Sent: To: Cc: Subject: Rumpf, Michael Thursday, January 16, 2003 8:57 AM Duncan, Arlette Tucker, Patricia Vermeer Arlette, please pull from files the Vermeer site plan and the file. Please check to see if the executed development order and conditions, are present. Thanks, MR. / ? o:tC~ VJ~ Z, ~ ! P' +0 1 J' \ \ ># January 15, 2003 Mr. Kurt Bressner, City Manager City of Boynton Beach Post Office Box 310 Boynton Beach, Florida 33425-0310 Dear Mr. Bressner: Subject: 1060 West Industrial Ave. Thank you for meeting with us yesterday to discuss concerns which have surfaced regarding perimeter landscaping code requirements impact on reference property. We sincerely appreciate your bringing your staff members and Commissioner, Ron Weiland together at job site on such short notice. Per inspection and resulting dialogue, we have collectively determined practical incompatibility of planting buffer trees and landscaping within 10' PUBLIC UTILITY EASEMENT (O.R.B. 1739, Page 656) due to placement of 16" sewer force main approximately 5-6' west o[1ot line and a 6" water line approximately !2" west of sewer main, therefore some 6-8' westerly outside granted easement. After allowing for the minimum 6" for fence inside property line, excavation for planting and future growth of root ball would encroach within inches of 16" DI force main and the canopy would extend well over the main, which according to Mr. Milor's statement is unacceptable. Moving the fence and tree line to distance desirable beyond 6" DI water line would result in loss of 20+' of property. In view of the natural tree barrier on easterly adjoining property, the incline toward existing and planned rail elevations and the bireme between rail tracks and 1-95, no real purpose is achieved by perimeter tree planting and it is detrimental to City of Boynton Beach Utilities. We respectfully request that City of Boynton Beach waive requirement of a tree and shrubbery barrier, as required in code, as mutually beneficial to all parties. In exchange DenBesten & Bokhoven, Ltd, will grant additional easement covering the 6" waterline inappropriately on their property. We propose to place fence at minimum 6" inside property line, slope elevation westerly and place nominal bir~me at top apex in order to control storm water flow toward front detention area, and sod present and proposed easement with Bahai. Additionally, although we note no code requirement for improvement of right of way for West Industrial Avenue, we propose to shape and provide sod and irrigation for area between east side of street and sidewalk. " I believe this addresses matters discussed and trust you will feel free to contact me for any additional information you may require. We do sincerely thank you and additional City of Boynton Beach personnel for their assistance in this and other matters. We look forward to a long and mutually beneficial relationship as our business settles into your community. Sincerely, DenBesten & Bokhoven, Ltd. Vermeer Southeast Sales & Service, Inc. Merle DenBesten, Partner President cc: Mr. Quintus L. Greene, AlA, and AICP Mr. Kenneth H. Kruger, PE Hallahan, Kevin From: Sent: To: Cc: Subject: Bressner, Kurt Tuesday, January 14, 2003 1 :55 PM Greene, Quintus Hallahan, Kevin; Sugerman, Dale; Milor, Skip Vermeer Site Plan Revision Quintus, As a follow-up to our site meeting this afternoon at 1060 W. Industrial Drive, this e-mail serves as a request that the CRA consider a site plan amendment to delete the eastern landscaping for the subject property. This request is being forwarded in the event you determine that the CRA must review the site plan revision before the Commission. I plan on presenting the issue to the Commission at the pre-agenda meeting on Thursday, if possible. i The reason for the amendment is as follows: J 1. The City has two utility lines along the east property line of the Vermeer property. One line is a sanitary sewer force main which is located near the east property line and which is located within a utility easement. The second utility is a 6" water main that serves the subject property and others north and south of the Veneer parcel. The water main is located about 19 feet west of the sewer force main and is outside an easement on private property owned by Vermeer. It is advisable to have the water line in a properly dedicated easement. ,J 2. The east side of the Vermeer property abuts railroad right of way and then 1-95. There are therefore no less intense land uses to the east of the subject property. In addition, there is a stand of trees on the railroad property. J 3. Kevin Hallahan has reviewed the site plan and has concluded that the balance of the landscaping (north, south and west) sides of the parcel will meet or exceed the code requirements. The "presentation" of the property from Industrial Drive (west side of parcel) with the approved landscaping will be attractive and meet code. 4. This parcel and the parcels on either side of the Vermeer parcel are "recycled" parcels with fill that has been processed and relocated to allow the property to be developed with limitations. The Vermeer building will add tax base to the CRA. The owner of the property is requesting that they be allowed to amend the site plan to delete the landscaping along the east side of the property for the above reasons and has indicated that Vermeer will agree to grant the City an easement for the water main that currently is located on their property. I support this proposal and request that the CRA consider this change as appropriate at the meeting tonight, if possible. Kurt Bressner (' ~. \ :)1 '7 '7 I /" :/ ~ / /:, l') / \ ,,' 1