APPLICATION
Ap r, 25, 2006 3: 02PM
VERMEER SE
No, 3087 p, 1
City Codes Accessed Via Web site
www.bo}ll1ton.beach.or2
www.amlegal.comlboynton_beach_fl.\I:i
Has applicant attended a pre-application meeting?
yes
Date 4/19/06
1-"::"-:- ..
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CITY OF BOYNTON BEACH
PLANNING & ZONING DIVISION
CODE VARIANCE APPLICATION .
SUBMITTAL DEADLINE: !!EE SCHEDULE OF I2ATES FOR BOARD MEETlN~ .
SUBMITTAL DATES:
I: :i
f\i-:P ? 6
r.. "
Please Print (In Ink) or Type
Submittal Data: May 3, 2006
The undersigned owner(s) hereby respectfully petition(s) the City Of Boynton Beach to grant to
petitioner( s) a special exception or variance to existing code of said City pertaining to the property
hereinafter described and in support thereof state(s):
Property involved is described as follows:
Lot(S) West two (2) feet of BIPPOA
Block
Boynton Beach Industrial Park, North
Subd ivision
Plat Book 14367
Page 1538 .1539 or otherwise described as follows:
Property Address North of NW 8th Ave. West side of West Industrial Avenue
peN Number 08-43-45-20-20-000-0000
Variance requested including code chapter and section, existing code standards (i.e.
setback distance, number of required parking spaces etc.), requested standard and the
variance (existing code standard minus requested standard).
Chapter 2. Section (4) (L) "Buffer Walls" "Stucoed and painted masonry wall or
engineered pre-cast concrete" cannot be 1ns~alled wl~bln Bv.llable 2' wide &~rlp
of land own~d by BIPPOA. meeting set-back require~ents and with adequate footers
to meet Hurricane wind load code without encroachment onto adjoining property or
easements. Further. FPL had denied any encroachment by letter dated April 7. 2006.
We request variance allowing use of BAsteel 6' shadow box wall per enclosed literature.
The following documents are required to be submitted with this application to form a single package.
An Incomplete paCkage will not be accepted:
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 Descnption
I. Number of acres to the nearest one-hundredth (1/100) of an acre
Apr,25, 2006 3:02PM
VERMEER SE
No. 3087 p, 2
Zoning Code Variance Application
J. Location sketch of property
K. Surveyor's Certificate
2. Two site Dlans properly dimensioned and to scale showing:
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
D. 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.. Proof of ownership of property by petitioner(s), such as deed or purchase contract agreement.
If an aaent Is submitting the Detition. a notarized copy of a letter desiGnatina him as
such must accompany the petlllon,
4. Statement of special conditions. hardships or reasons justifying the requested exception or
variance. Respond to the seven (7) questions below (A.G) on a separate sheet (Please orint
or tvoe ):
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;
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:
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.
G. Variances to minimum lot area or lot frontage requirements, that property is not
available from adjacent properties in order to meet these requirements, or that the
acquisition of such property would cause the adjacent property or structures to become
nonconforming. Applicant shall provide an affidavit with the application for variance stating
that the above mentioned conditions exist with respect to the acquisition of additional
property.
5. An application fee in the amount of $400.00 plus postage, payable to the City of Boynton
2
Ap r, 25, 200,6 3: 02PM
VERMEER SE
No, 3087 P. 3
Zoning Code Variance Application
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.
6.
Name and address of owner:
Boynton Industrial Park POA, Inc.
250 NE Dixie Highway, Stuart, FL 34994
7.
Name of applicant:
Merle DenBesten, Vice President
8,
Applicant's address:
1060 West Industrial Avenue, Boynton Beach
Applicant's phone #: (407) 295-2020 or Cell (407) 421-7588
Applicant's facsimile #: (407) 293-8087
Dale~~ -Signalure of Applicant
9. Representative of the project must be present at all Technical Review Committee,
Planning and Development Board or Community Redevelopment Agency Board and City
Commission meetings held to review this project.
3
Ap (.25. 2006 3: 03PM
VERMEER SE
No. 3087 P. 4
BOYNTON INDUSTRIAL PARK POA, INC.
250 N.E. Dixie Highway
Stuart, FL 34994
April 25, 2006
City of Boynton Beach
Planning & Zoning Division
P.O, Box 310
Boynton Beach, FL 33425-0310
Subject: Code Variance - Buffer Wall- West Industrial Avenue
Gentlemen:
Please consider the following prevailing conditions and circwnstances that prohibit
compliance with existing City of Boynton Beach Codes; Chapter (2) Section (4)
Reference (L) in replacement of existing dectepit buffer wall.
A. Strip of land, owned by BIPPOA on which subject buffer wall is required to
be installed, is only two (2') feet wide and is located at the western
extremity of a long standing FPL Utility' Easement ER No.7034 granted
August 19, 1961 (O.R.B. 672, Pgs. 40-41) and the eastern extremity of
Laurel Hills Third Addition (Plat Book 23, Page 126) and Fourth Addition
(Plat Book 23, Page 142).
B, The dedicated property on which the present buffer wall was constructed
during early 1980's by developer complied with the codes in existence at
that time. Allotted space is inadequate for compliance with current codes
without variance.
C. We are unaware of any similar circumstances in zoning district that would be
adversely affected by requested variance.
D. Code requirements for building a concrete, masonry or stucco wall without
encroaching on another property or easement is not possible within the 2'
strip of land owned by BIPPOA. Enclosed please find copy of a letter from
Florida Power & Light, dated April 7, 2006 and under the signature of
Joseph O'Hagen, which denies any encroaclunent upon their easement. This
obviously produces an \U1tenable hardship upon land and BIPPOA.
Ap r, 25. 2006 3: 03PM
VERMEER SE
No, 3087 p, 5
Page 2
E. The only alternative we have found meeting the 140 mph hwricane code
and feasible to install within the 2' space is the Basteel shadow box buffer
wall/fence. By granting variance (equested a very aesthetically pleasing and
protective buffer intended by the code can be realized.
F. Chapter (2), Section (4), Reference (L) is achieved and is in no way
potentially detrimental of public welfare.
G. There is no practical alternative land available for acquisition by BIPPOA
on which a buffer wall that meets existing codes could be constructed.
We appreciate your consideration in granting our variation request.
Sincerely,
AFFIDAVIT:
This is to certify that no conditions exist whereby additional adjacent land could be
acquired by BIPPOA for purpose of constructing of Buffer Wall between Laurel
Hills Third and Fourt dditions and West Industrial Avenue.
Signed: Vice President for
Boynton Industrial Park Property Owners Association, Inc.
SWORN AND SUBSCffiED BEFORE ME THIS ~ 5' TH DAY OF J '^," "~I ,
2006 ~
NOTARY:
Commission Expires:
AD r, 25. 2006 3: 03PM
VERMEER SE
No, 3087
p, 6
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Property Information
Location Addr...:
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Municipality:
Parcel Control Number:
Subdivision:
Official Records Book:
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BOYNTON BEACH
08-43~S-20-20-0~OOO
BOYNTON BEACH INDUSTRIAL PARK NORTH
Page: Sale Date:
BOYNTON BEACH INDUSTRIAL PARK NORTH W 2 FT OF PLAT (LESS N
332.40 fT)
Owner Information
Name: BOYNTON INDUSTRIAL PARK POA INC
Mailing Address: PO BOX ,
HAINESPORT N.J 08036 OOOt
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[Sales Information
Sales Inrormatlon Unavailable.
[Exemptions
Exemption Information Unavailable.
Appraisals
Tax Year: I 2005
Improvement Value:
Land Value:
Total Market Value:
M$_41!__tQd.~: 9400
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1003 ~a
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Tax Year 2005
Acres: 0.0&30
Description: k!W - .U"~R
Assessed and Taxable Values
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Ap r. 25, 2006 3: O'3PM
VERMEER SE
-
No. 3087
p, 7
Gary R. Nikolits,CF A
Palm Beach Cmmty Property Appraiser
Property Mapping System
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Ap r, 25. 2006 3: 04PM
VERMEER SE
No, 3087
P. 8
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Parcel Control Number:
Subdivision:
Official Records Book:
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BOYNTON IIEACH
08.43-41-20-20-000-0000
IIOYNTON BEACH INDUSTRIAL PARK NORTH
Page~ Sale Date:
IIOYNTON IIEACH INDUSTRIAL PARK NORTH W 2 FT OF PLAT (LESS N
:132.40 FT)
Owner Information
Name: BOYNTON INDUSTRIAL. PARK POA INe
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Mailing Address: PO BOX'
HAINESPORT NJ 08036 0009
[Sales Information
sales Information Unavailable.
[Exemptions
Exemption Information Unavailable.
Appraisals
Tax Year: 2005
Improvement Value~
Land Value:
Total Market Value:
Use Code: 9400
[Tax Year 2005
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Note: Value Clnd e1CelTlption (jete ere updated three (3) times II yellr in August, October and December. Struaural datil is up,
once a year in October
Ownership and sales information are updated on a re<jular basis as the information IS received from the Oerk of the 0:
exchange of information and posting of that information can talc:e 4 to 6 weeks, depending or1 the time of yeer and Wo!
R.~Q!1l_Search I Information I ExemDtions I Communllv I Emolovment I t!.e.w Home Buve' I Office LocatiQ.rJ:i
Value Adiustment 11911.a! I ~.V~9YLt!Qm.c:.~ I ~1I!i! I Disclaimer
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@ 2004 Palm Beach County Property Appraiser,
BAp r. 25. 2006:' 3: 04PMZf>'j2VERMEER SE
SO,JTHE:RN PINE LUMBER
No. 30871 P. 1 0
-
I=PL..
FllHiltll 'DIftf & Lillllt CotnpaIlY, P.O. a.. ,.....hi.;:, 81111.'11. fL ~-M20
April 7, 2006
Mr. RicJw:d Kozc:ll, Pte5ident
Boynton Beath Property owners Assoeiation, Inc.
2S0 N, E. D1xie Highway
Stuart, FL 34994
RE: Use of Florida Power & Ught Easement
Dear Mr_ KozelJ:
Yout Association hu asked permission to encroach into the easement for the
tr81l~mission right-or-way "long the w~ side of West Illdusttial Avenue in Boynton
Beach.
At present, the easement is much narrower in width than the standards we use: for
acquiring th~ ptOpeny rights. The operations engineers of Florida Power & Light
Company would not be able to repair or ~plilct the existing pole sttUCtUl'CS if we allowed
the Association to encroacb by tJuu feel into the easement for a structural footiOl for the
new fence, At present thtre is only .. four foot separation from the: existing fence to the
wooden pole structures.
Florida Power & Light Company cannot allow the use of this right-of-way for the
proposed fence. PlellSe consider other options for a fence without intrUding into the
casement.
If YO\loud any additional infonnation. please let me know.
Sincerely,
Florida Power" Light Company
,8~" D';Vc..,,, I"
Joseph O'Hagan
Corporate Real ESt8M
Copy: Michael W. Rumpf, Directt)r ofPhmniDg and Zoning
\WI ~ Orlll, to'"pIlny
Apr,25. 200,6 3:04PM
VERMEER SE
No. 3087 P. 9
L. _ WALLS. For new construction or major modification to existing
developments. where a commercial and/or industrial district abuts a residential district, a
solid, stucco masonry. painted on both sides at least six (6) feet in height shall be
located with. in the required side and/or rear yards except with ~t to comer lots, said
III walls shall be required only on interior lot lines. Said" walls shall not
abridge any easement rights or be constructed over any existing utilities in any easement
area and shall be setback two (2) feet from adjoining property lines.
0Apr, 24, 2006:' 1:21PM7692VF''''EER SE
~ f"!Nt. L~
No. 3035,x P. 7
-
F=PL.
F1arWI ""6 UIIIt~, '.0. IIa ,..."......... fl." ..
April 7, 2006
Mr- Ricbald Ko~n. Pre$ident
Boynton Beacb Property ownes:s Association. Inc.
2S0 N. E. Dixie Highway
Stued, FL 34994
RE: Use of Florida Power & Light wement
Dear Mr_ Kozell:
y C)Ut Association has asked permission to encroadl into the easement for the
txansmission right~r.way along the ~ side o,f West Indu3ttial Avenue in Boyn1l)n
Beacl1.
At present. the e-ement is muc:h natrOweJ.' in 'Widtb than the :andanls ~ use for
acquiring those property right!. The opcratiObS engineers ofFlotida Power & Light
Company would not be able to repair OJ' replace the existing pole ~ if'VW: allowal
the Association to encroach by three feet into the ~nt for a stnlctm:al fwtiDs for the
new fence. At p-eseot there is only a four foot sep8llltion from the existing fence to the
wooden pole stNctures_
, Florida Power & Light ComplllY cannot allow the use of Ibis rigbtwc>f-way foJ the
propOSed fence. Plell6e consider oth~r options for a feMe without intruditlg ~ the
easc:me.nt.
If you need any addition.! blformation, please let me know.
SincQ'Cly,
Florida Power &: Light Company
..~.. D'?/t:1j4 ,..,
Joseph O'Hagan
Corporate Real Estate
Copy; Michael W. Rumpf, Director of Planning and Zoning
. fl"t. GnNll c...,...,
The City of Boynton Beach
DEVELOPMENT DEPARTMENT
PLANNING AND ZONING DIVISON
100 E. Boynton Beach Boulevard
P.O. Box 310
Boynton Beach, Florida 33425-0310
TEL: 561-742-6260
FAX: 561-742-6259
)J!d/lf)U
r-
www,boynton-beach.org
May 14, 2003
Mr. Chuck Millar
Moyle, Flanigan, Katz, Raymond & Sheehan, P,A,
Post Office Box 3888
West Palm Beach, FL 33402-3888
Re: Boynton Beach Industrial Park Associates - Buffer Wall
Dear Mr. Millar:
In response to your inquiry, I have prepared this letter that I trust, adequately responds to your questions and
remarks. Please note that the information below is ordered to correspond with the numbering within your letter
dated January 3, 2003.
1) The property described, a utility easement, is industrially zoned as part of the greater industrial area,
and therefore subject to the buffer requirement.
2) As indicated above (Item #1), it is the zoning district, not the use that triggers the buffer requirement;
3) Although that may reduce potential impacts upon residential properties, it is the zoning district that
determines the necessity for a buffer wall. Please understand that pursuant to Chapter 2, Zoning
Section 4,6, Buffer Walls, the buffer wall requirement is even applicable to non-industrial zoning
districts such as C-2 and C-3, I can locate similar instances within the City where a shopping center is
separated from a neighborhood by the expanse of a parking area, green buffer, a road, (public or
private street), and residential setbacks without being exempt from the buffer wall requirement; and
4) That provision of paragraph "L" is intended to apply to corner lots so the wall is not placed along the
"front" or "front corner of a parcel." The subject roadway is part of the platted industrial subdivision
and part of the industrial zoning district.
In addition to the responses to your specific points, it should also be noted that the necessity for the buffer wall
was originally considered, as indicated by the recorded plat which identifies it as a "buffer wall" and designates the
location for its perpetual existence.
It is clear that the intent of the Land Development Regulations is to buffer the adjacent neighborhood from the
subject industrial district. Please understand that the code allows some flexibility with respect to the design and
assembly of a "buffer" wall, as long as masonry is used, Any deviation from this requirement would require the
requesting and granting of relief by the City Commission. However, staff acknowledges the challenges to erecting
a new buffer wall without conflicting with current code (i.e. a two foot setback) and the nearby utility easement.
Please call me should you require additional information or desire staff assistance with brainstorming possible
solutions to the assumed conflicts.
Sincerely,
Michael W. Rumpf
Planning & Zoning Director
Attachments
MRW:ad
S:\Planning\Rumpf\BB Industrial Park Millar.rtf
Tucker, Patricia
From:
Sent:
To:
Subject:
Tucker, Patricia
Friday, December 05,20034:14 PM
Rumpf, Michael
RE: Boynton Industrial Park POA, File Nos. 19/192/20 and 19/192/14
Mike it is on the calendar conf. room at 1:00-2:00, you are attending and I called Dave
Kelley as you requested and Carol is
perhaps Laurinda can go in his place
regarding some buffer wall isn't it?
Pat
going to see if Dave Kelley can make it, if not
??? - who else do you want to attend? This is
Do you want Kevin?
-----Original Message----- -----
From: Rumpf, Michael
Sent: Friday, December 05, 2003 3:33 PM
To: Tucker, patricia
Subject: FW: Boynton Industrial Park POA, File Nos. 19/192/20 and
19/192/14
----
-
Pat, please confirm this appointment and be sure that Engineering (ideally Dave Kelley)
can attend. Thanks, MR.
-----Original Message-----
From: Merle Den Besten [mailto:merledenbesten@VermeerSoutheast.com]
Sent: Friday, December 05, 2003 3:30 PM
To: Rumpf, Michael
Subject: FW: Boynton Industrial Park POA, File Nos. 19/192/20 and
19/192/14
Hey, Mike: Just wanted to confirm our appointment for Wednesday, Dec lOth @ 1:00 PM and,
hopefully confirmation of which City of Boynton Beach personnel ~ attending. AlSo any
suggestions you may have regarding documentation. I'll try call you on Monday to confirm
this or if you wish my cell number is (407) 421-7588. Thanks, have a great weekend.
Merle
-----Original Message-----
From: Merle Den Besten
Sent: Monday, November 24, 2003 3:06 PM
To: 'Rumpf, Michael'
Subject: RE: Boynton Industrial Park POA, File Nos. 19/192/20 and
19/192/14
Mike: It appears I may be in the Boynton area Dec. 8, 9 & 10 and would like to make an
appointment with you and others you may recommend to be involved in the pre-permit process
gathering of necessary information and procedures. Please advise your availability that
week, also in concert with engineering, planning, code enforcement etc. city personnel you
may select. Thanks. Merle
-----Original Message-----
From: Rumpf, Michael [mailto:RumpfM@ci.boynton-beach.fl.us]
Sent: Monday, October 20, 2003 5:16 PM
To: Merle Den Besten
Subject: Re: Boynton Industrial Park POA, File Nos. 19/192/20 and
19/192/14
Merle, it seeme timely to all meet again to discuss status and final
placement location. If I recall correctly, we need to discuss placement in
ROW with Engineering. If a variance is requested, a current/updated survey
would b e required showing exact placement and variance. But that should be
1
determined after the location is finalized. All existing/affected elements
should be somehow reflected on survey. As for communication with property
owners the only certain thing is that for a variance the cit send out the
notices. We can discuss with scott blasie if there are encroachment issues.
Mike
Sent from my BlackBerry Wireless Handheld
-----Original Message-----
From: Merle Den Besten <merledenbesten@VermeerSoutheast.com>
To: Rumpf, Michael <RumpfM@ci.boynton-beach.fl.us>
Sent: Mon Oct 20 16:41:43 2003
Subject: FW: Boynton Industrial Park POA, File Nos. 19/192/20 and 19/192/14
Greetings, Mr. Rumpf: As an additional follow up I am seeking information
on necessary permit requirements on this. will we need an updated survey, if
so how much detail will be required regarding present placement of utility
poles, trees/shrubbery or any other items within the easement? My assumption
is that any notice to property owners regarding their infringement into the
easement would be handled by City of Boynton Beach? As indicated in prior
communication with Mr. Blasie, we do have initial approval from FPL for
placing the new replacement wall within their easement but will need final
approval of positioning from their local service group. As you may recall
from our prior meeting with City personnel, we are also somewhat concerned
on the impact of current set back requirements and the likely intrusion into
City right of way at each vertical column due to oversize of each footer. We
have concluded that the proposed wall cannot be built within recorded 2'
easement located at western extremity of recorded 6' FPL easement and fall
within City code regulations. Please advise what steps you perceive
necessary for us to work toward a mutually acceptable solution now that we
have tentative FPL OK to proceed. We appreciate your past cooperation in
working through development of Vermeer property and look forward to working
together in meeting the mutual needs of BIPPOA and City of Boynton Beach.
Any advise and assistance you may be able to give will be sincerely
appreciated. Merle DenBesten
-----Original Message-----
From: Blasie,Scott [mailto:BlasieS@ci.boynton-beach.fl.us]
Sent: Wednesday, October 08, 2003 11:56 AM
To: Merle Den Besten
Cc: Rumpf, Michael
Subject: RE: Boynton Industrial Park POA, File Nos. 19/192/20 and
19/192/14
Thank you for getting with me on this. My office will continue to work with
the current plan as outlined below. Please advise me periodically with the
status of your progress.
Scott Blasie
-----Original Message-----
From: Merle Den Besten [mailto:merledenbesten@VermeerSoutheast.com]
Sent: Wednesday, October 08, 2003 10:39 AM
To: Blasie,Scott
Cc: Rumpf, Michael
Subject: Boynton Industrial Park POA, File Nos. 19/192/20 and 19/192/14
Importance: High
Mr. Blasie: We received notice from Moyle Flanigan that you had called Mr.
Chuck Millar regarding the expiry, as of October 1, 2003, of "wall
extension". This matter is being handled by the new Boynton Beach Industrial
Park POA board of directors and Moyle-Flanigan is no longer representing
the "association". A meeting was held with City of Boynton Beach on June 4,
2
2003 to discuss the ongoing process of this buffer wall. As I recall some
attendees were Peter Roy, Michael Rumpf, Jose Alfaro, Frantz LaFontant,
Rick Kozell, Michael Adair and myself. There were others attending but I
fail to recall their names. The conclusion was drawn that in no way could
this wall be replaced by the October 1, 2003 extension date, due to fact of
need for adherence to present set back regulations, need for approval from
FPL as it is within their easement, architectural re-design and subsequent
permitting. My recollection is a January 2004 review date was established.
We have since been in contact with FPL and recently received their tentative
lack of objection to placement within their easement, however require
further approval by their local supervisor, Mr. Vince Nocera, prior to
actual construction. We are reviewing design possibilities and placement,
attempting to determine costs and feasibility within the six foot easement
and present setback regulations, and process of notifying adjacent property
owners, etc. We will be working with Mr. Rumpf and other City personnel to
resolve obstacles in permitting process. This type of expenditure must be
endorsed by the POA, which will also require a certain amount of time once
the preliminary matters are resolved. Please bear with us as we work our way
through this process in concert with City of Boynton Beach. Your cooperation
and advice will be greatly appreciated.
Merle DenBesten, Vice President, BIPPOA and member Wall Advisory Committee
3
~f, Michael
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From:
Sent:
To:
Cc:
Subject:
Blasie,Scott
Wednesday, October 08, 2003 11 :56 AM
'Merle Den Besten'
Rumpf, Michael
RE: Boynton Industrial Park POA, File Nos. 19/192/20 and 19/192/14
61,,- (( 6'-L
Thank you for getting with me on this. My office will continue to work with the current
plan as outlined below. Please advise me periodically with the status of your progress.
Scott Blasie
-----Original Message-----
From: Merle Den Besten [mailto:merledenbesten@VermeerSoutheast.com]
Sent: Wednesday, October 08, 2003 10:39 AM
To: Blasie,Scott
Cc: Rumpf, Michael
Subject: ~oynton Industrial Park POA, File Nos. 19/192/20 and 19/192/14
Importance: High
Mr. Blasie: We received notice from Moyle Flanigan that you had called Mr. Chuck Millar
regarding the expiry, as of October 1, 2003, of "wall extension". This matter is being
handled by the new Boynton Beach Industrial Park POA board of directors and Moyle-
Flanigan is no longer representing the "association". A meeting was held with City of
Boynton Beach on June 4, 2003 to discuss the ongoing process of this buffer wall. As I
recall some attendees were Peter Roy, Michael Rumpf, Jose Alfaro, Frantz LaFontant, Rick
Kozell, Michael Adair and myself. There were others attending but I fail to recall their
names. The conclusion was drawn that in no way could this wall be replaced by the October
1, 2003 extension date, due to fact of need for adherence to present set back regulations,
need for approval from FPL as it is within their easement, architectural re-design and
subsequent permitting. My recollection is a January 2004 review date was established. We
have since been in contact with FPL and recently received their tentative lack of
objection to placement within their easement, however require further approval by their
local supervisor, Mr. Vince Nocera, prior to actual construction. We are reviewing design
possibilities and placement, attempting to determine costs and feasibility within the six
foot easement and present setback regulations, and process of notifying adjacent property
owners, etc. We will be working with Mr. Rumpf and other City personnel to resolve
obstacles in permitting process. This type of expenditure must be endorsed by the POA,
which will also require a certain amount of time once the preliminary matters are
resolved. Please bear with us as we work our way through this process in concert with City
of Boynton Beach. Your cooperation and advice will be greatly appreciated.
Merle DenBesten, Vice President, BIPPOA and member Wall Advisory Committee
1
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MOYLE, FLANIGAN, KATZ, RAYMOND & SHEEHAN, P.A.\/ Ij
ATTORNEYS AT LAW '----- '
625 North Flagler Drive - 9th Floor
West Palm Beach, Florida 33401-4025
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P,O, Box 3888
West Palm Beach, Florida 33402-3888
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Telephone: (561) 659-7500
Facsimile: (561) 659-1789
CHARLES W. MILLAR
DEVELOPMENT PLANNER
Direct Line: (561) 822-0333
E-mail: cmillar@moylelaw.com
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Tallahassee Office
(850) 681-3828
Wellington Office
(561) 227-1560
April 29, 2003
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Michael Rumph
Director
Planning, Building & Zoning Dept.
City of Boynton Beach
100 East Boynton Beach Boulevard
P.O. Box 310
Boynton Beach, FL 33425-0310
RE: Boynton Industrial Park Associates
Western Buffer Wall
Dear Mike:
Pursuant to our earlier conversation, I would like to follow up with you concerning the
potential options with respect to the proposed buffer wall for the Boynton Industrial Park.
Enclosed herewith please find a copy of my January 3, 2003 letter identifying several issues and
alternatives to a concrete wall, Upon receipt and review of the enclosed, please give me a call so
that we may discuss this matter in greater detail. I look forward to your prompt reply.
CWM:ct
Enclosure
cc: Leonard Sylk
Marta M. Suarez-Murias, Esq.
Martin V. Katz, Esq.
G:\19192\ll\l-rumph (04-23-03).wpd
MOYLE, FLANIGAN, KATZ, RAYMOND & SHEEHAN, P.A.
ATIORNEYS AT LAW
625 North Flagler Drive - 9th Floor
West Palm Beach, Florida 33401-4025
P.O. Box 3888
West Palm Beach, Florida 33402-3888
Telephone: (561) 659-7500
Facsimile: (561) 659-1789
CHARLES W. MILLAR
DEVELOPMENT PLANNER
Direct Line: (561) 822-0333
E-mail: cmillar@moylelaw.com
Jupiter Office
(561) 748-0042
Tallahassee Office
(850) 681-3828
January 3, 2003
Michael Rumph
Director
Planning, Building & Zoning Department
City of Boynton Beach
100 East Boynton Beach Boulevard
P.O. Box 310
Boynton Beach, FL 33425-0310
RE: Boynton Industrial Park Associates
Request for Zoning Interpretation
Dear Mr. Rumph:
This Firm represents the Boynton Industrial Park Property Owners Association, which
comprises approximately 25Yz acres located on the east side of West Industrial Avenue. The
purpose of this correspondence is to (i) follow up after the previous meeting with your staff ind
(ii) continue discussions regarding our request for a determination from your Department
regarding the possibility of an acceptable alternative to a masonry block wall along the western
property line of the Boynton Industrial Park. There are unusual circumstances that need to be
considered in making this determination. Hopefully, this correspondence will explain the unique
characteristics of this property and that a chainlink fence and appropriate landscaping will be an
acceptable alternative in lieu of a masonry block wall.
I call your attention to the City of Boynton Beach Zoning Code, specifically Section 4,
General Provisions, Buffer Walls. A copy is provided for your ready reference. Upon review of
this definition and its requirements, we believe this particular de[mition does not address our
client's unique situation, which we will explain in the following:
G:\19192\15\1-rumph (OI-02-03).wpd
Michael Rumph
January 3, 2003
Page 2
1. Although our client's property does abut residential to the west, the Boynton Industrial
Park is not new construction nor are any major modification to the existing development
proposed. In addition, our client's western most two (2) feet of property, which abuts the
Laurel Hills subdivision, is the easement for the buffer wall which is a non-industrial use;
2. The project was approved and platted in 1981 and has recently received several site plan
approvals for new construction, none of which are of a "heavy industrial nature". 21 years
later, a crumbling concrete block wall may not be the best choice for a visual buffer;
3. One of the unique characteristics to this property is that any industrial activity, which on
this property will be of a relatively clean nature, will be located well over 125 feet away
from any residentially-zoned property. We determined this distance by including the 60
foot right-of-way for West Industrial Avenue, a 50 foot drainage swale and the applicable
setback(s) for the industrial zoning category;
4. The property is an exterior property line and not an interior property line as required under
the definition of "buffer wall";
5. In similar situations where residentially zoned property in Boynton Beach is across a
public right-of-way from industrially zoned property, a wall has not always been required.
We ask that you provide us with a written interpretation as to the issues we have raised so
that our client may determine if a fence, with appropriate landscaping and screening would be an
acceptable alternative to a 20 year old ugly deteriorating louvered buffer wall.
S~ould you have any further questions or require additional information with respect to the
above, please feel free to contact me at your convenience. Thank you in advance for your help and
cooperation. I look forward to your reply.
S'
Ch les . Millar, Jr.
Development Planner
CWM:ct
cc: Leonard Sylk:
Peter L. Breton, Esq.
Marta M. Suarez-Murias, Esq.
Martin V. Katz, Esq.
G:\19192\15\1-rumph{O 1-02-03). wpd
..
PROJECT NAME: Boynton Industrial Park North
LOCATION: North of Boynton Beach Blvd.; West of 1-95
PCN: 08-43-45-20-20-000-0000
I FILE NO.: ZNCV 06-008 II TYPE OF APPLICATION: I
AGENTICONTACT PERSON: OWNER: Boynton Industrial Park POA,
Merle Denbesten Inc.
ADDRESS: 1060 West Industrial Avenue ADDRESS: 250 North Dixie Highway
Boynton Beach, FL Stuart, FL 34994
FAX: 407-293-8087 FAX:
-
PHONE: 407-295-2020 or PHONE:
cell phone: 407-421-7588
E-Mail: rntrltiJffllou~V'~eEAstJ 11 h t~. torn
SUBMITTAL I RESUBMITT AL 5/3/06
1 ST REVIEW COMMENTS DUE:
PUBLIC lIP ARC NOTICE: 7/1/06
TART MEETING:
LAND DEVELOPMENT SIGNS POSTED
(SITE PLANS):
LEGAL AD: 7/1/06
PLANNING & DEVELOPMENT BOARD
MEETING:
COMMUNITY REDEVELOPMENT 7/11/06
AGENCY BOARD
CITY COMMISSION MEETING: 8/1/06
COMMENTS:
S:\Planning\SHARED\WP\PROJECTS\Boynton Industrial Park ZNCY\2006 PROJECT TRACKING INF02.doc