LEGAL APPROVAL
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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,
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Planning and Zoning Director
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XC Development Department
Case File
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Prepared by' Michael J Pawelczyk, Esq.
Assistant City Attorney, City of Boynton Beach
POBox 310
Boynton Beach, FL 33425
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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
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James Miriana, Chairman
ATTEST
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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