Loading...
LEGAL APPROVAL qfU City of $oynton $eacli 100 'E. tJ3oynton tJ3eadt tJ30ukvartf P.O. tJ3o~310 tJ3oynton tJ3uun, 11oritfa. 33425-0310 City:HalL (407) 375-6000 :J!U. (407) 375-6090 November 19, 1996 James Willard Shutts and Bowen 20 North Orange Avenue, Suite 1000 Orlando, Florida 32801 Re Carmax at Quantum Park Board of Zoning Appeals Case #226 - reduce peripheral greenbelt from 40' to 25' for lots 74, 75, 76, 77, 80, 81, 82 and 91 in Quantum Corporate Park Dear James Willard Your request for a variance regarding the above referenced case was approved by the Board of ZOning Appeals at their November 18, 1996 meeting If I can be of further assistance, please contact me Sincerely, :- bL \, --) \.. '7i / ACU-tC Tam~~jj~ ~~Yd~~, tc~ ~ Planning and Zoning Director T JH/bme XC Development Department Case File Central File d'\projectslcarmaxlapprpcmax. wpd ;;Imema s (jattway to tfu (julfstream co @ ~ Prepared by' Michael J Pawelczyk, Esq. Assistant City Attorney, City of Boynton Beach POBox 310 Boynton Beach, FL 33425 I, ~).' ~ L~ f I~ \.------ PL;.NNING ,-; ZIJ~IHNG C~:: . CITY OF BOYNTON BEACH BOARD OF ZONING APPEALS ORDER GRANTING RELIEF IN RE CARMAX AT QUANTUM PARK High Ridge Road, Lots 77,78,79 and 80 of Quantum Park, south of Gateway Boulevard Boynton Beach, FL The Appellant, Rocky Biby of Kimley-Horn & Associates representing Quantum Associates, appeared before the Board of Zoning Appeals on November 18, 1996 and requested Relief from the City of Boynton Beach Land Development Regulations, Chapter 2, Zoning, Section 7 H 17 to allow a width reduction from 40 feet to 25 feet for a peripheral greenbelt to be provided along the perimeter of the PID zoned property abutting a residential distnct. Based on the testimony of Rocky Biby, and the evidence presented, the Board finds that a basis for relief has been established Accordingly, IT IS ORDERED THAT The request for Relief from the City of Boynton Beach Land Development Regulations, Chapter 2, Zoning, Section 7 H 17 to allow a width reduction from 40 feet to 25 feet for a peripheral greenbelt to be provided along the perimeter of the PID zoned property abutting a residential district, more specifically Lots 74, 75, 76, 77, 80, 81, 82 and 91, IS hereby granted DATED ) / / ;)')"/9/- r , :!~ . // ./ C , ~ /~ (' James Miriana, Chairman ATTEST '- J) 1ft 1.ij (Jrz.-,~~ t IU-/ City Clert< Aa-c,{E:....-'1--- ~..I.t~; II \\\\\\\\1111/11/1/1'1 tl (/ C/ #.... ~OYN.,.. 1//// ~ 0<< ............. 01- ~ S ..~op.pOIj;i... ~ ~ ;::,.,. ~ ~~... .... ::;. ... .... . \'. - ;: ,.. . )lo - =.., :0= = i = =\ 1920::J; j y ~ ~ /If>, -- ~ ~~ ~ ORIO" ~~ ~/"'''''"''\\\\'~ Bd ZoningAppeal. Carmax11/21196 MEETING MINUTES BOARD OF ZONING APPEALS BOYNTON BEACH, FLORIDA NOVEMBER 18,1996 number of required parking spaces from 72 to 57 (a reduction of 15 spaces), subject to the following conditions . That the building does not exceed the housing of 40 employees, and . That in the event the building is sold, the business is sold, or there is a change In the proposed use, the variance would not be applicable Ms. Hammer seconded the motion A roll call vote was polled by the Recording Secretary The motion carried unanimously Attorney Pawelczyk clarified that the number of employees is not to exceed 40, even if a portion of the building is sublet. Mr Haag asked for clarification regarding the change of use Attorney Pawelczyk said they stated their proposed use in their occupational license A question was raised about whether or not the applicant could sublet part of the building to someone whose use is different from Applied Polymer's but complies with the City's zoning code, and it was clarified that the use has to comply with the code Case No. 226 Project Location Carmax at Quantum Park High Ridge Road, Lots 77, 78, 79 and 80 of Quantum Park, south of Gateway Boulevard Quantum Associates Relief from the City of Boynton Beach Land Development Regulations, Chapter 2, Zoning, Section 7 H 17 to allow a width reduction from 40 feet to 25 feet for a peripheral greenbelt to be provided along the perimeter of the PID zoned property abutting a residential district. Owner" Requested Variance Rocky Biby of Kimley-Horn & Associates represented Quantum Associates. Mr Biby was sworn in by Attorney Pawelczyk. He advised that this project is located within Quantum Park. The lots in question are 91,82,81,80,77,76,75, and 74 and are located along the CSX Railroad and 1-95 There was a condition placed on Quantum Park that they provide a greenbelt buffer plan for the entire park. Those buffers were to consist of 25 foot wide buffers where they abutted nonresidential uses and 40 foot wide buffers where they abutted residential uses. Mr Biby displayed the greenbelt peripheral plan The plan basically provides for 40 foot wide buffers where they abut residential areas and 25 foot wide buffers where they abut nonresidential uses. Four of the 12 lots along the CSX Railroad and 1-95 do not require 40 foot wide buffers because they do not abut residential 4 MEETING MINUTES BOARD OF ZONING APPEALS BOYNTON BEACH, FLORIDA NOVEMBER 18, 1996 lots on the opposite side of the CSX Railroad and 1-95, which is approximately 400 feet away from the boundary of Quantum Park. Mr Biby proposed a uniform 25 foot buffer along the entire CSX/I-95 frontage within Quantum Park. There are residential uses on the opposite side of 1-95, but it is 400 feet away and is buffered by the CSX Railroad and 1-95 The south side of Quantum Park abuts residential areas A 40 foot buffer is being provided there Mr Biby pointed out that in the past, Lot 90A was granted a variance to allow for a 25 foot buffer as opposed to a 40 foot wide buffer He advised that the 25 foot wide buffer will be a very upscale planting scheme He added that the zoning line is at the center line of 1-95 and if you go by zoning lines, we do not meet the code Mr Rappoport asked about the businesses that will be occupying these lots Mr Biby advised that a Carmax auto sales facility will occupy Lots 77, 78, 79'-ahd 80 Chairman Miriana inquired about the location of the lots in question Mr Biby advised that they are on the east side, abutting the CSX Railroad and 1-95 Ms. Hollingshead inquired about the lot width Mr Biby stated that the lots are rather narrow for industrial/commercial They vary but are roughly 450 or 460 feet. Lots 77 and 78 are about 460 feet wide Lot 91 is 698 feet. Ms Hammer asked what the Planning and Development Board decided about the greenbelt and landscape buffer Mr Biby advised that they recommended approval Ms Hammer inquired about the type of landscaping. Mr Biby advised that there will be Date Palms with hedges and ground cover between the Date Palms along 1-95 Mr Gold inquired about the square footage of Carmax. Mr Biby advised that the building is approximately 54,000 to 56,000 square feet. There will also be a sales lot and customer parking Mr Rappoport asked if any of the cars will be outside and Mr Biby answered affi rmatively No one in the audience wished to address this request. Chairman Miriana felt the applicant's proposed uniform greenbelt is a wise solution He felt it would have no bearing on what is on the other side because it is 400 feet away Ms Hammer felt it might make 1-95 look nicer Motion Ms Hollingshead moved to offer the applicant a variance reducing the width of the greenbelt in the specified lots, 74, 75, 76, 77, 80, 81,82, and 91, from the code required 5 MEETING MINUTES BOARD OF ZONING APPEALS BOYNTON BEACH, FLORIDA NOVEMBER 18, 1996 40 feet to their proposed 25 feet. Mr Rappoport seconded the motion A roll call vote was polled by the Recording Secretary The motion carried unammously Case No. 227 Project Location Owner The Isles at Hunters Run PUD Northwest corner of Congress Avenue and Summit Drive Home Development of Hunters Run Ltd Home Development Corporation of South Florida-1 Relief from the City of Boynton Beach Land Development Regulations, Chapter 2.5 - Planned urnt Developments, Section 9 B to reduce the PUD perimeter rear setback of lots 1 through 28 (inclusive) within The Isles at Hunters Run PUD from 40 to 20 feet. Requested Variance Kieran Kilday was sworn in by Attorney Pawelczyk. Mr Kilday stated that normally, within PUDS, you set all your own setbacks as part of the PUD However, once you are on the perimeter of the Planned Development, peripheral yards abutting other zoning districts shall be the same that is required in the other zoning district. This piece of property used to be a commercial tract of land that was separate and distinct from the Hunters Run PUD However, last year it was changed to residential to allow for the development of 56 patio homes Mr Kilday displayed a site plan He said the lots he is requesting a variance for are on the west Side of the property Even though this project is being designed and integrated into the overall project to look like part of Hunters Run, technically it is the perimeter of the PUD The closest unit between the two projects' property line is 490 feet across the golf course He requested that the setback be reduced to 20 feet, which is still twice as much as the units on the other side of the street. This would allow the units to be located closer to the water and benefit from the view of the water and the golf course It would have no affect on any of the projects on the adjacent property Chairman Miriana asked if this is going to be a part of Hunters Run Mr Kilday said from a City code standpoint, this is a separate PUD However, there have been agreements between the Hunters Run Master Association and this project to allow for sharing of certain facilities such as the ability to join the clubhouse 6