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APPLICATION . - .... . ....~..' ..... ~ ~. ... ' DATE RECEIVED: 5/23/97 PROJECT NAME: ARC AT BOYNTON BEACH (AMERICAN RETIREMENT COMMUNITIES) LOCATION: SE corner of Congress & SW 23rd Ave. COMPUTER ID: ARC at Boynton Beach\NWSP I FILE NO.: NWSP 97-012 II TYPE OF APPLICATION: NWSP I APPLICANT/CONTACT PERSON: OWNER: Norman J.& Elishka E. Michael Bradley Miller - Charles Putman & Assoc. PHONE: 561/547-9407 PHONE: 561/994-6411 FAX: 561/547-9406 FAX: 561/994-0447 ADDRESS: 1337 N.Dixie Hwy, Lake Worth, ADDRESS: 4722 NW Boca Raton Blvd, FL 33460 #C106, Boca Raton, FL 33431 DATE: 1 ST REVIEW COMMENTS DUE: 6/11/97 PUBLIC NOTICE: ADMINISTRATIVE TRC MEETING: 6/11/97 TRC MEETING: 6/17/97 RESUBMITTAL DATE: 7/8/97 2ND REVIEW COMMENTS DUE: 7/22/97 LAND DEVELOPMENT SIGNS POSTED: PLANNING & DEV. BOARD MEETING: 8/12/97 CITY COMMISSION MEETING: 9/2/97 BOARD OF ADJUSTMENT MEETING: COMMENTS: S:\FORMS\PROJECT TRACKING INFO CIT'. -JF BOYNTON BEACH, FLORIDA PLANNING & ZONING DEPARTMENT SITE PLAN REVIEW APPLICATION FOR NEW SITE PLANS & MAJOR MODIFICATIONS TO EXISTING SITE Application Acceptance Date: MAl 7--'7. /qq7 Fee Paid: Receipt Number: This application must be filled out completely, accurately and submitted as an original to the Planning and Zoning Department . Twelve complete, sequentially numbered and assembled sets of plans including a recent survey and appropriate fee shall be submitted with the application for the initial process of the Site Plan Review procedure. An incomplete submittal will not be processed. Please print legibly (in ink) or type all information. I. GENERAL INFORMATION 1. Project Name: A~/ 4--, B01AJ\t?A.J t3~:Ac* 2. Applicant's name (person or business entity in whose name this application is made) : ~-~~Q'.A'rt-;:';J:t I (.., IJJ l!P~f( If;! t:::,A rT? IJJL.. at {~ LA A-cr+J:gw~ I Phone: 6rv A.A'-I. \}glr.-./-.),r,J.) An"l,.AJ..)--rk bA- 77D / ~? 1- ~CJ'"?Z I ' ~LAJ '\' Jt. Z-Bo ?;D~2~ Address: Fax: (Zip Code) Th / '?-61- ODi7 I 3. Agent's Name (person, if any, representing applicant): 1 r-:> 1.-.:/1 (/~A<~I ~>~;7 n..<-("I/;! AAJ 1 kt?hD~'-A--rFf4 Address: ~-02-Z ~~.~ /lIt< J ~o,,~ C:~-(.")I-' 6.-\.)\"> q; .~~lhL~;{j I LAB~- :H C to(o e.a. J / "1?',A , . FL--- ::7 ::3~.-7 { Phone: t~>/,..-/ J ,-~11.+" I,??/II I Fax: J (Zip Code) C:;/~ I ?jQ+-L?44-'7 I 4. Property Owner's (or Trustee's) Name: Ak7R:/J'lAA J \). L '7 -f;IJ,.~dl~.,4. 7':--ly,f;. ftk)l( , , rL_ e:. /t'll:;'/ RbI- Phone: ~ -=??-, AJ . tAl?P.' l,{JtlF<~I~' 0(,", I ! t::i4-7 ~ -1'4-.D{ ,"?J ?-.,4c,Po / (Zip Code) Fax: 9c-- \ _ c:.74-7 - q4tJ 4tJ I Address: 5. Correspondence to be mailed to agent only; if no agent, then to applicant unless a substitute is specified below:* *This is the one address to which all agendas, letters and other materials will be mailed. Planning and Zoning Department - Rev. 3/18/97 D:\SHARE\WP\FORMS\APPS\NWSP\SITEPLAN, WPD Page 2 Site Plan Review Application 6. What is applicant's interest in the premises affected? (owner, buyer, lessee, builder, developer, contract purchaser, etc.) /J 17 //OA'J-rfAC>l- rtA~C+~'A?612- 7. Street address or loca tion of si te: ~€:-- ::<of?.uef2- ~ L1~"If?&,.c/ !1\Jf3/lJL). e.- At-Jt> t0v.1 "l?:J ~~ AI/f~.<.~.{~ 8. Property Control #: ~ -40 --40 - ~Z-00 -t?L?+ -oz;I'JO Legal description of site: ~ .4-r'TA~eD 9. Intended use(s) of site: 'lr~~ '!~e~.' It.. F,,' )' ( ,L~r?(c::?rel> /.-1 \UfO?1 Fk.!//1--t:1 --- P.7et>~ 10. Developer or Builder: ~,4-r~6/C- r"..uVE'~-r7/.)eA)T"":;' 1 /"uLJ. 11. Archi tect : -V'i\[ /, I ~/I ~ 4A.\;~.rl~1 4~,C::I:!-1 ;J;:/e-~? - A )J4~;.-f1/1 t-L-P:, fAJ 12. Landscape Architect: !+OD~A..J t ~U,c;;ti .A~~7 - AJ14~M1l1lJI ;1:<) -rAJ 13. Si te Planner: -F:-t\ ~::-L '0'1 \PdI V~h,?lAI tt,c;:~,;,.,Y/(A----r""F1"'.7 - AJ,4,,-..,,J-/VIL-LE, 1M /'l;-..::-.:e- p I / // I A 14. Engineer: ~"7 ^L~[:':rne~,n~:-,n-/ /l/1AL-E::-~ ~ H~?/-k{6~ I I 15 . Surveyor: OB'I2::IE't) I 0[.( I-(e~, /Of2;'e-'~/o' I ' 16. Traffic Engineer: ;A. J / A- I 17. Has a site plan been pr~viously approved by the City Commission for this property? Ah ::)k 18. Estimated construction costs of proposed improvements shown on this si te plan: ~ 0, Ic;:o. oe>c? -* PVV'r~J?:(L,t 0L.tB7l)[/:-( -lo ~I pUGt:Tl?I',J AtJb 46l-rLeM~_rr A61 ~6M 0,.<.1\ f5:~;lf:' (' L~ -CFi1> C1-","\,:,) F'l: \2'- -::? [, 11er7 I (CL::>l>1 hf~~. Planning and Zoning Department - Rev. 3/18/97 S:\PlANNING\SIIARED\WP\FOHMS\APPS\NWSP\SITEPLAN .WPD Page 3 Site Plan Review Application II. SITE DATA The following information must be filled out below and must appea~, where applicable, on all copies of the site plan. 1. Land Use Category shown in the Comprehensive Plan //;.11::7/-. F4Ja111 ~!J:.e.af'A, 2. 3. Zoning District \2.-- ~ 4-; t;., 2- z.. acres 2L:> /, :2?t;;"2- . sq. ft. Area of Site 4. Land Use -- Acreage Breakdown g. h. i. j . a. Residential, including surrounding lot area of grounds 4. &> ,:2-- acres Ino % of site b. % of site % of site % of site % of site % of site % of site % of site Recreation Areas * (excluding water area) acres c. Water Area acres d. Corrnnercial acres e. Industrial acres f. Public/Institutional acres Public, Private and Canal rights-of-way acres Other (specify) acres Other (specify) % of site acres Total area of site 4. !azz acres /00 % of site * including open space suitable for outdoor recreation, and having a minimum dimension of 50 ft. by 50 ft. 5. Surface Cover a. b. c. Ground floor building l.o6(1!l acres area ("building footprint") z;3.'7{ % of site Water area - % of site acres Other impervious areas, including paved area of public & private streets, paved area of parking lots & driveways (excluding landscaped areas), and sidewalks, patios, deckst . and athletic courts. ;: t){p 7 z:? ocr % of site acres d. % of site Total impervious area -Z. /Ci-:t; acres 4-&, &0 Planning and Zoning Department - Rev. 3/18/97 S:\PLANNING\SHAREo\WP\FORMS\APPS\NWSP\SITEPLAN. WPD h. i. Page 4 Site Plan Review Application e. Landscaped area .. 0/8 acres inside of parking lots (20 sq. ft. per interior parking space required - see Sec. 7.5-35(g) of Landscape Code) . Other landscaped areas, ?-' /4> t" acres f. g. Other pervious areas, including golf course, natural areas, yards, and swales, but excluding water areas . ze G acres Total pervious areas 2.4t?1 4: tr'L2- acres acres Total area of site 6. Floor Area d. e. f. a. Residential 7? ?JT8 sq. ft. , Commercial/Office sq. ft. Industrial/Warehouse sq. ft. Recreational sq. ft. Public/Institutional sq. ft. Other (specify) b. c. sq. ft. g. Other (specify) h. sq. ft. 7~ I ~I~ sq. ft. Total floor area 7. Number of Residential Dwelling Units a. b. c. ( 1 ) (2 ) (3 ) ( 4 ) d. e. 8 . Single-family detached sq. ft. Duplex sq. ft. Multi-Family Efficiency 1 Bedroom 2 Bedroom 3+ Bedroom (3 + attached dwelling units) dwelling units dwelling units dwelling units dwelling units Total multi-family 9j dwelling units Total number of dwelling units '1, fl. '7 Gross Density 9. dwelling units per acre Maximum height of structures on site ~6 feet Planning and Zoning Department - Rev. 3/18/97 S:\PlANNING\SHARED\WP\FORMS\APPS\NWSP\SITEPLAN.WPD ,,,'-~6 4& I ~f3 &./0 6:;. 4-z- /(Q? % of site % of site % of site % of site % of s:j..te (A~F) (A ~t-F ) "2.- stories Page 5 Site Plan Review Application 10. Required off-street parking a. Calculation of required number of off-street parking spaces ~,_,t:/ ,. I ApA-Z-E p:t?.rY-- o ~.e;~/ , ~...F"^J'T r~€t:h y q / rz.e'::7 I ~;.e:-^-~~r P-Bl>::b-;:::' ? I AM y . i?.e B~ I eE<l:;. ~.);:1,C--C?/ Planning and Zoning Department - Rev. 3/18/97 S:\PLANNING\SI-lARED\WP\FORMS\APPS\NWSP\SITEPLAN. WPD b. Off-street parking spaces provided on site plan ?rf 4bA-~ I Page 6 Site Plan Review Application III. CERTIFICATION (I) (We) understand that this application and all papers and plans submitted herewith become a part of the permanent records of the Planning and Zoning Department (I) (We) hereby certify that the above statements and any statements or showings in any papers or plans submitted herewith are true to the best of (my) (our) knowledge and belief. This application will not be accepted unless ~;:etions below. fir ~; Signature of Owner(s) or Trustee, of Date Authorized Principal if property is owned by a corporation or other business entity. IV. AUTHORIZATION OF AGENT 6~ l:;>. .M J L..ue-IZ-, A-ICP ~ D/~I "5"b.~n Slgnature of Authorlzed Agent Date (I) (We) hereby the above signed person as (my) (our) authorize agent to this application. 4 Signature of Owner(s) or Trustee, or Authorized Principal if property is owned by a corporation or other business entity. 3//;, Pi- ~:: SPACE BELOW THIS LINE FOR OFFICE USE ONLY Review Schedule: Date Received Technical Review Committee Planning & Development Board Community Appearance Board City Commission Date Date Date Date Stipulations of Final Approval: Other Government Agencies/Persons to be contacted: Additional Remarks: Planning and Zoning Department - Rev. 3/18/97 S:\PLANNING\SHARED\WP\FORMS\APPS\NWSP\SITEPLAN .WPD Page 7 Site Plan Review Application RIDER TO SITE PLAN APPLICATION The undersigned as applicant for Final Site Plan Approval does hereby acknowledge, represent and agree that all plans, specifications, dra~ings, engineering, and other data submitted with this application for review by the City of Boynton Beach shall be reviewed by the various boards, commissions, staff personnel and other parties designated, appointed or employed by the City of Boynton Beach, and any such party reviewing the same shall rely upon the accuracy thereof, and any change in any item submitted shall be deemed material and substantial. The undersigned hereby agrees that all plans, specifications, drawings, engineering and other data which may be approved by the City of J3oynton Beach, or its boards, commissions, staff or designees shall be constructed in strict compliance with the form in which they are approved, and any change to the same shall be deem~d material and shall place the applicant in violation of this application and all approvals and permits which may be granted. The applicant agrees to allow the City of Boynton Beach all rights and remedies as provided for by the applicable codes and ordinances of the City of Boynton Beach to bring any violation into compliance, and the applicant shall'indemnify, reimburse and save the City of Boynton Beach harmless from any cost, expense, claim, liability or any action wl1ich may arise due to their enforcement of the same. READ, AGREED TO this , 19.:tL- ?L'!Y "7 (l day, M ~~ Il~fr L ..------- -... Planning and Zoning Department - Rev. 3/18/97 S:\PlANNING\SI-IARED\WP\FORMS\APPS\NWSP\SITEPI AN.WPD ARC at Boynton Beach LEGAL DESCRIPTION Tract 4, less the East 584.68 feet thereof, Golf View Harbour 3rd Section, City of Boynton beach, Florida, according to the Plat therof recorded ill Plat Book 30, pages 119 and 120, Public Records of Palm Beach County, Florida Makh g II~, J~. Consulting Engineers, Land Planners Tel. (4e.7) 272-1800 Fax (497) 272-0008 (f6!) . 253 N.E. 2nd Avenue Delray Beach, FL 33444 5/2rt/1997 City of Boynton Beach Planning and Zoning Dept. 100 E. Boynton Beach Blvd. Boynton Beach, F133425-0310 Re : Paving & Drainage of The proposed ARC Boynton Beach project at the SE corner of Congress Ave. and Golf Road, Boynton Beach Dear Sirs: This is to advice your office that the Drainage Plan of the above referenced project, shall be adequately designed to the best of my knowledge and belief to meet the requirements of the City of Boynton Beach Land Development Regulations, and Water Management Agency having jurisdiction. Mailing Address: P.O. Box 2212. Delray Beach, FIL 33447-2212 Jk "/K -NZ-G ~ J IJ.} S( 00 [~ @ [~ lJ \1] ~ fn) MAY; 0 1997 I~ 1 _ .~-0447 CHARLES PUTMAN & ASSOCIATES, INC. LAND DEVELOPMENT CONSULTANTS PLANNING I ZONING I PERMITTING May 16, 1997 B co James A. Cherof City Attorney City of Boynton Beach 100 E. Boynton Beach Blvd. Boynton Beach, Florida 33425-0310 Re: ARC at Boynton Beach (f.n.a. Alhambra Square ACLF) Boynton Beach, Florida Dear Jim: I am in the process of preparing a site plan application for a proposed assisted living facility to be located on approximately one half of a 9.32 acre site located at the southeast comer of Congress Avenue and SW 23rd Avenue (Golf Road). We intend submitting the application by May 23. The development of this property is subject to a stipulation and settlement agreement that was executed in October, 1989. As you will see on page 4 of the attached agreement, this site is designated to be developed with up to 248 ACLF units. Our application will be consistent with the criteria outlined by the agreement. When I met with Mike Haag of the Planning Department for a pre-application conference, he had some question as to whether this use would require conditional use approval. I understand that the Planning Department, through Tambri Heyden, has requested your interpretation as to the necessity of a conditional use application in tandem with the site plan application. . I would hope that you would concur with my interpretation that since the use of this property was established through a stipulation and settlement agreement that was heard and approved through a public hearing process that a conditional use application in addition to the site plan application would be superfluous. If you have a different opinion, I would like to discuss this matter with you immediately in the case that we may need to compile additional information for our submittal. I would appreciate your looking into this matter as soon as possible and faxing me a letter confirming your interpretation of how this project should be processed. Should you need any additional information, please call. Sincerely, CHARLES PUTMLSSOClATE~ lIVC. Bradley D. Miller AICP cc: J..-es Matthews V Tambri Heyden, AICP Attachment BDM/hh a:\arc\cherof. wpd . Boca Raton Boulevard I Suite C 1 06 I Boca Raton. Florida 33431 -------, IN THE CIRCUIT COURT OF THE 15TH JUDICIAL CIRCUIT IN AND FOR PALM BEACH COUNTY, FLORIDA CIVIL DIVISION CASE NO: CL 89-6178-AN MILNOR CORPORATION, a Florida corporation; NORMAN J. MICHAEL and ELISHI~ E. MICHAEL, his wife, Plaintiff, vs. THE CITY OF BOYNTON BEACH, a Florida Municipal corporation, Defendant. / STIPULATION AND SETTLEMENT AGREEMENT MILNOR CORPORATION, a Florida corporation ("MILNOR"), NORMAN J. MICHAEL and ELISHKA E. MICHAEL, his wife ("MICHAEL"); and the CITY OF BOYNTON BEACH, a Florida Municipal corporation ("BOYNTON BEACH"), by and through their undersigned attorneys hereby stipulate and agree as follows: 1. MILNOR owns that certain parcel of real property located within the municipal limits of BOYNTON BEACH and being a site of approximately 4.01 acres situated at the northeast intersection of Congress Avenue and Golf Road (Southwest 23rd Avenue), which real property is more particularly described in the Exhibit "A" attached hereto and made a part hereof, and which real property shall hereinafter be referred to as "Alhambra Square North." 2. MICHAEL owns that certain parcel of real property located within the municipal limits of BOYNTON BEACH and being a site of approximately 9.45 acres situated at the southeast intersection of Congress Avenue and Golf Road (Southwest 23rd Avenue). This real property shall be referred to as two parcels, the first parcel being an approximate 4.45 acre parcel situated closest to the intersection of Congress Avenue and Golf Road (Southwest 23rd Avenue), and more particularly described in the ... . -,' If 1 '~;{~.B'l~' 11 .. _<'''-".' ,Wi n ..... ','.' -', , ,.... ._~....r Exhibit "B" attached hereto and made a part hereof, and which real property shall hereinafter be referred to as "Alhambra Square South." The second parcel, being immediately adjacent to S-.\., \'k and east of Alhambra Square ~h and consisting of approximately 5.0 acres, and more particularly described in the Exhibit "CII attached hereto and made a part hereof, and which real property shall hereinafter be referred to as the "Alhambra Square ACLF." 3. The Alhambra Square North, Alhambra Sqt::.are Sout,h, and the Alhambra Square ACLF parcels of real property shall hereinafter be sometimes collectively referred to as the "Alhambra Parcels." 4. The Alhambra Parcels are presently subject to the following Comprehensive Plan and zoning designations by BOYNTON BEACH: Parcels Future Land Use Element Zoninq Alhambra Square North Moderate density residential R-1AA (PUD) Alhambra Square South Low density residential R-1AA (single family residential) Alhambra Square ACLF Low density residential R-1AA (single family residential) 5. On or about september 30, 1988, MILNOR for the Alhambra North and MICHAEL for the Alhambra South and Alhambra ACLF parcels submitted applications (the IIApplications") to BOYNTON BEACH for amendments to the future land use element of the Comprehensive Plan, and for rezoning of the Alhambra Parcels, as follows: Parcels Future Land Element Request Rezoninq Request Intended Use Alhambra Square North Office Commercial C-l (Office Professional) Office/ Medical Alhambra Square South Office Commercial C-l (Office Professional) Office/ Medical/ Banking Alhambra Square ACLF MUlti-family residential R-3 (Multi- family) Adult congregate Living Facility 2 6. The Applications were considered by the Planning and zoning Board of BOYNTON BEACH at a duly constituted and duly noticed public hearing on December 15, 1988, at which time the Planning and zoning Board recommended denial of the Applications to the city commission. 7. On January 4, 1989, at a duly constituted and a duly noticed Special Meeting of the city Commission of BOYNTON BEACH, the City commission of BOYNTON BEACH heard and consider.ed the Applications and by motion declined to submit the Applications for review by the State of Florida Department of Community Affairs and the Treasure Coast Regional Planning Agency. 8. On or about June 20, 1989, MILNOR and MICHAEL filed the instant action seeking to invalidate the current Comprehensive Plan designations and zoning classifications of the Alhambra Parcels, seeking to require BOYNTON BEACH to grant the Applications and seeking damages. 9. On September 14, 1989, Robert A. Eisen, Esquire, attorney for MILNOR and MICHAEL, delivered to Raymond Rea, Esquire, city Attorney for BOYNTON BEACH, a letter offering a settlement of the instant action wherein BOYNTON BEACH would grant the Comprehensive Plan designations and zoning classifications requested in the Applications and MICHAEL and MILNOR would release BOYNTON BEACH from any and all claims for damage. At its regular meeting of September 19, 1989, the city commission considered the request for settlement, and by a vote, three votes in favor, two opposed, directed the city Attorney, Raymond Rea, to negotiate the terms of a stipulation and Settlement Agreement with the representatives of MILNOR and MICHAEL and present that Stipulation and Settlement Agreement for approval by the city Commission at its meeting of October 3, 1989. The City Attorney was further directed to give public notice of the consideration of the Stipulation and Settlement Agreement and that the consideration of the stipulation and Settlement Agreement should be a public hearing so that input from the public could be taken and considered by the city 3 commission. On October 3, 1989, the city commission heard and considered public input and postponed consideration of this stipulation and Settlement Agreement until its regular meeting of October 17, 1989. Since that time, MILNOR and MICHAEL have modified their requested land use changes to those set forth in paragraph 11, below. 10. On October 17, 1989, at its regular city commission meeting, the City Commission of BOYNTON BEACH considered the terms and condi tions of this stipulation and Settlement Agreement, the further input from MILNOR and MICHAEL, the further public input, and by a motion duly made, the city commission, by a vote of four in favor, none opposed (Council-person Arline weiner absent), approved the terms and conditions of this stipulation and Settlement Agreement and authorized and directed the City Attorney to execute this stipulation and Settlement Agreement. 11. The Future Land Use Element and zoning of the Alhambra Parcels shall be: Parcel Future Land Use Element Zoninq Alhambra Square North Office Commercial C-l (Office Professional) Alhambra Square South and Alhambra Square ACLF Multi-Family Residential R-3 (Multi-Family) ACLF with no less than 248 units In connection with the development of the Alhambra Parcels, and as an inducement to BOYNTON BEACH to enter into this stipulation and Settlement Agreement, MILNOR and MICHAEL agree to the following developmental limitations, which developmental limitations shall apply regardless of ownership of the Alhambra Parcels: a. Alhambra Square North: (1) Building Height not to exceed two stories; (2) All dumpsters to be located away from adjacent residential areas; (3) Construction of the six-foot zoning boundary wall shall be coordinated with the governing association of the 4 adjacent residential property and the existing buffer hedge shall be removed and replaced with sod and landscaping to the specifications of the governing association and at no cost to the governing association; (4) Parking lot lighting shall be shaded so as not to shine directly into residential areas, and parking lot lighting shall not be illuminated after 11:00 P.M.; b. Alhambra Square South and Alhambra Square ACLF: (1) Building Height not to exceed two stories; (2) Roof pitch not to be steeper than 4/12; (3) All dumpsters to be located away from adjacent residential areas, and at least one hundred feet from the south property line of the Alhambra Square South and Alhambra Square ACLF Parcels; (4) Parking lot lighting shall be shaded and shielded so as not to shine directly into adj acent residential areas; parking lot lighting shall not be illuminated after 11:00 P.M.; parking lot lighting poles shall be at the minimum height permitted or allowable by BOYNTON BEACH; (5) Use of the property shall be limited to an Adult Congregate Living Facility; (6) A combination of landscaping and wall (the "Wall") shall be constructed on the south property of the Alhambra Square South and Alhambra Square ACLF parcels. The plan and design of the Wall shall be coordinated with and approved by the governing associations of the adjacent residential property. Approval of the Wall shall not be unreasonably withheld by the governing associations. The Wall shall be constructed at no cost or expense to the gcverning associations; (7) At such time as building plans are presented to BOYNTON BEACH for permit, copies of the Wall plan and site plan shall be submitted to the governing associations; (8) No parking spaces or improvements except landscaping shall be constructed or installed in the Lake Worth 5 Drainage District right-of-way south of the Alhambra Square South and Alhambra Square ACLF Parcels; and (9) Deceleration entry lanes shall be provided at each entrance if deemed necessary by BOYNTON BEACH. The foregoing developmental limitations shall be set forth in a Declaration of Covenants and Restrictions (the "Declaration"), which shall provide that they cannot be modified without the consent of BOYNTON BEACH, and the Declaration shall be recorded among the public records of Palm Beach County, Florida, shall run with the land, and shall be binding upon the successors and assigns of MILNOR and MICHAEL. The Declaration shall be prepared and distributed to the governing associations by November I, 1989. A recordable Declaration signed by MILNOR and MICHAEL shall be delivered to the city Attorney prior to the first public hearing on the rezoning and Comprehensive Plan amendments described in paragraphs 12 and 13, below. The Declaration shall be recorded by the City Attorney where all actions necessary to effectuate this stipulation and Settlement Agreemen"t have been duly enacted by BOYNTON BEACH. The Declaration is for the benefit of the following governing associations of the adjacent residential areas: (a) Boynton Leisureville Community Association, Inc. as to the Alhambra North Parcel; and (b) Golfview Harbour and Golfview Harbour Estates as to the Alhambra South and Alhambra ACLF Parcels. 12. BOYNTON BEACH agrees to supplement or amend its Comprehensive Plan by December 31, 1989, to permit use and development of the Alhambra Square Parcels as set forth in paragraph 11, above, subject only to thE limitations set fo~th in this Settlement and stipulation Agreement and other usual and customary site related conditions of development. 13. BOYNTON BEACH agrees, within thirty days of the date of this Stipulation, to rezone the Alhambra Square Parcels to permit the development set forth in paragraph II, above, subject only to completion of all procedural requirements under Florida Statutes, 6 .. . '.. ", , Sec. 163,3184, the limitations set forth in this stipulation and Settlement Agreement, and other usual and customary site related conditions of development of general application in BOYNTON BEACH. 14. To the extent that ordinances or resolutions are required to implement any of the terms of this stipulation and Settlement Agreement, BOYNTON BEACH agrees to prepare and adopt any and all such ordinances and resolutions necess~ry to implement the terms of this Stipulation and Settlement Agreement. 15. Simultaneous with the execution of this Settlement stipulation, MILNOR and MICHAEL shall deliver to BOYNTON BEACH a full and complete release on behalf of itself, its officers, directors, shareholders, employees, agents, and representatives as to any and all actions, suits, damages, claims, which it or they may have against BOYNTON BEACH or any of its officials, employees, consultants, agents, elected officials, or appointed officials in connection with or related to any action or inaction regarding the Applications and the Alhambra Parcels. The general releases shall be held in escrow by city Attorney, Raymond Rea, until all actions necessary to effectuate this stipulation and Settlement Agreement have been duly enacted and then shall be delivered to BOYNTON BEACH. 16. MILNOR and MICHAEL shall further agree to defend BOYNTON BEACH at MILNOR and MICHAEL's expense, any suit or administrative action pursuant to Chapter 163, Florida Statutes, initiated by third parties arising out of any actions taken by BOYNTON BEACH under the terms of this Agreement. 17. MILNOR and MICHAEL agree that BOYNTON BEACH's obligations under this St:.pulatio!1 and S(~ttlement Agreement shall at all times be subj ect. to Department of community Affairs' approval. MILNOR and MICHAEL further acknowledge that BOYNTON BEACH shall not be responsible for any other Governmental Agency's action related to the development of the Alhambra Square Parcels. . 7 :. ,OlIo 18. The parties shall forthwith inform the Court that a settlement has been reached and all proceedings in the suit shall be abated until the terms of this stipulation and Settlement Agreement are fully and completely effectuated. At such time, the parties shall jointly seek an Order from the Court confirming and ratifying this stipulation and Settlement Agreement. The Court shall at all times have and retain jurisdiction over this cause and the parties to ensure that -the terms and cond,i tions herein are adhered to by the parties. RAYMOND ~EA, ESQ. city Attorney for the CITY OF BOYNTON BEACH, a Florida municipal corp. 100 E. Boynton Beach Blvd. Boynton Beach, FL 33481 (407) 738-7405 Florida Bar No. 348880 BY: ~~,~ DATED: ~ 31) \~<is}- pldg 06jpldg 1jRN LAW OFFICES OF ROBERT A. EISEN Attorneys for Plaintiff(s) 4700 Northwest Boca Raton Blvd. suite 103 Boca Raton, Florida 33431 (407) 994-2090 Florida Bar No. 180136 BY: -t1' \ ..-)) - / ~"'_ /~LL ~\j,,-- ROBERT A. EISEN, ESQUIRE DATED: (F)Q~\[lL L~ I \ L( ~) ~7 8 ORB 6895 PI 1431 oECLI\IU\TION OF COVENANTS AND RESTRICTIONS FOrt MJIl\MDRJ\ SOUl\nF. BY THESE PRESENTS, that the undersigned Owners property described in the attached Exhibit "A" (the on rJl} this ~ day of (f/~y 1991, for assigns, hereby declare that the ~s described herein are and shall be held, transferred, sold, nveyed and occupied subj ect to the covenants, restrictions and ~itations hereinafter set fo~th. Section 1. l\nTICLE I RECITALS The undersigned Owners have entered into a tipulation and Settlement Agreement with the City of Boynton leach, Florida for an amendment to the future land use element of the. city's Comprehensive Plan and/or rezoning of the Lands' as ~. .... tollows: M~ambra Sauare North: Mhambra Sauare South: ind ~lhambra Saua re ACL!": FUTURE LI\N 0 USE ELEMENT Office Commercial ZQti.Illii C-l (office professional) MUlti-Family Residential Section 2. R-J (multi- family)' ACLF with no less than 248 apartments As a condition of said Stipulation and settlement Agreement, the undersigned agree to impose certain developmental 1 imi tations upon the use of the Lands. Section J. .. It is the express intent of the undersigned to perpetually restrict (except to the extent permitted pursuant to the provision~ of Article VIII hereinafter set forth) the use of the Lando for the benefit of the City of Boynton neach and for arsons of record owning adjacent real property to the Lands (the 'Property Owners"), and fc)r no other persons, in accordance with , ~ restrictions and limitations set forth herein. The associations," of adjacent. real property are as Boynton Deach Leisureville Community Association, Inc., to the Alhambra Squaro North parcel, and Gol fview Harbour 1 '''.tt. EleeN I 011'00 NORTHWEST 1I0CA "'ATON .OUL~\I'A"O. SUITE IO~. aoe... RAJOH, n.o_"'Cli4 3)"'~U O~"Q./) 09....Z0DO . WEST PAI..M IIIItACH ("07) 7)1'0340. IIROWAAO (JO~) '160'9010 ORB 6895 P'3 1432 Homeowners Association, Inc. and Gol fv iew Harbour Inc., as to the Alhambra Square South and Alhambra ARTICLE II LEGAL DESCRIPTION lands which are and shall be .held, transferred, sold, and occupied subject to this Declaration are situate in Florida, within the city limits of the City of lOynton Beach and are describej:'! in Exhiblt ",\" attached hereto .1' md made a part hereof. ARTICLE III DEVELOPMRNTAL LIMITATIONS A. The structure or structures to be built on the ~'- . ~nds shall conform with the following requirements: j 1. Alhambra Square North: i Height: 2 stories 2. Alhambra Square South and Alhambra Square - ACLF Height: ACLF apartments: Multi apartments: 2 stories 248 as per city zoning B. The following developmental limitations shall Ipply to Alhambra Square North: (1) No building shall exceed two stories in height; (2) All dumpsters shall be located away from adjacent residential areas; (J) There shall be constructed a six 'foot zoning boundary wall between Alhambra Square North and adj acent single-family areas. Construction/landscaping of said boundary wall/hedge shall be coordinated with the governing association of the adjacent residential property, and the existing buffer hedge shall be removed and replaced with sod and landscaping to the specifications of the governing association, all to be done at no to the governing association. Said approval shall be by the provisions of Paragraph C. (7) hereinafter set 2 O"fcca "ge('1IT A. F.'BeN . ..700 NORTHweST DOCA "ATOH eOULIVAAO, aUITE 10J, liOCA "ATON, 'I.OIIIOA J3<4), BOCA AATON lot07J Ge....aQeo , WEI' ..A...... BCAC", ("'07) 730,0380. eAOwAAO (30a) 700.g00e (4) All lighting in parking areas shall be designed and installed so as not to shine directly in to adjacent residential areas. All lighting in parking areas shall be extinguiShed at 11:00 P.M.: and c. The following developmental limitations shall apply to Alhambra Square South and Alhambra Square ACLF: (1) No building shall exceed two stories in height; (2) The roof pitch shall not be steeper than 4/12; (J) All dumpsters shall be located away from adjacent residential areas, and the dumpsters shall be located at least one hundred feet from the south property line of the Alhambra Square South and Alhambra Square ACLF parcels; (4) All lighting in area parking shall be designed and installed so as not to shine directly into adjacent residential areas. Parking lot lighting shall be extinguished at 11:00 P.M. Parking lot lighting poles shall be at the minimum height permitted by the city of Boynton Beach: (5) Use of the subject property shall be limited to an Adult Congregate Living Facility (ACLF); (6) A combination of landscaping and wall (the "Wall") shall be constructed on the south property of the Alhambra Square South and Alhambra Square ACLF parcels. The plan and design of the Wall shall be coordinated with and approved by the governing associations of the adjacent~residential property, and said approval shall be in accordance with paragraph (7) below. The Wall shall be constructed at no cost to the governing associations; (7) Approval by the governing associations shall not be unreasonably withheld. (6) At such time as building plans are presented to the City of Boynton Beach for permit, copies of the Wall plan and site plan shall be submitted to the governing associations: 3 N Q"U:I:. FlO.tIillT 1>. ItISeN . 04700 tiOATHWE5T .01:.... AATON IIOULCVARO. svnc 103. eOCA AATON. "'.OAIDA 3:1"':1' .oc... ".TOH (.0'7) .....1080 . wc., ,.,,"'... .eACH {.Oll 7:18 .o~.. . ''''OW''"0 (:a01) 'eo. 80.. (9) With the exception of landscaping, which the Owners agree to install and maintain, no parking spaces or improvements shall be constructed or installed in the Lake Worth Drainage District right-of-way south of the Alhambra square South and Alhambra Square ACLF parcels; and (10) Deceleration entry lanes shall be provided at each entrance, if deemed necessary by the city of Boynton Beach. ARTICLE IV USES PERMITTED/PROflIDITEO: LIMITATIONS O~ The Future Land Use Element and Zoning of the Alhambra Parcels shall be: ~ Future Land Use Element z.Ming Alhambra Square North Office Commercial C-l (Office Professional) R-J (Multi-Family) ACLF with no less than 248 apartments Alhambra square South MUlti-Family and ~lhambra Square ACLF Residential ARTICLE V RESTRICTIONS DEEMED COVENANTS These covenants and restrictions shall be deemed covenants running with the Lands for the benefit of all owners of real property adjacent to the land, and for the benefit of owners of real property in the subject parcelS and the city of Boynton Beach, These Covenants and Restrictions shall be binding upon the undersigned Owners and their successors and assigns. WITNESSES: OWNERS: C~:.$vi t,h~d~ ....'f".... AIJiAMBRA' SQUARE NORTIi.....~,~. ~olll~.::...... :':...:"~.<(:'... .:(....:.... MILNOR CORPORATION /' .:a.:";~r:':! '>.-,'i.\ Florida corporation""Y~"i '.:' ':':l~';;;W [i ". rJ :'~~';::).../<~\0?~.~:;::'- Michaol, p.~es~deriY'" "11'"1111\-" :-1id~~ tl~ ALHAMBRA SQUARE SOUTIl and ALHAMBRA SQUARE ACLF /'~ / No an'/. Michael ,-.-. . 4 l....w O,,,CCI RO.~Al 4. EIBCN . "700 NORTHweST BOCA .....TON eOUL.r.V,M~O, suITt: 103, BOCA R^TON, n.OAIOA ))4)1 IIOCA RATON l401111""'OVO, wear ~..",1ro4 .CACH (",OJ) 730-0)0& . 8ROWARO (JO$17a.O'~080 CHARLES PUTMAN & ASSOCiATES May 28, 1997 To: Jerzy Lewicki CITY OF BOYNTON BEACH PLANNING & ZONING DEPT. Re: ARC at Boynton Beach 97-012 Attached are the original signature pages of the application which were inadvertently excluded from the site plan package that I recently submitted for the assisted living project at Congress Avenue and SW 23rd Street (Golf Road). I apologize for the confusion. From the desk of... BRADLEY D. MILLER, Ale? 4722 NW Boca Raton Blvd" #C 1 06 Boca Raton Fl 33431 Phone 561/994-6411 Fax 561/994-0447 - ..----------.--- -- --- CHARLES PUTMAN & A~SOCIP;TES, INC. LAND DEVELOPMENT CONSULTANTS PLANNING I ZONING I PERMITTING .10) ~ @ ~ 0 W ~ ~ l1U ~ 49Jl ~ Boca Rat n I (561) 994-6411 F x 7 ARC at Boynton Beach Traffic Statement July 8, 1997 The subject project proposes the development of a ninety-one (91) unit (93 bed) Adult Congregate (assisted) Living Facility (ACLF). Based upon Palm Beach County traffic generation rates, this type of use generates 2.145 trips per day per unit. Therefore, the proposed project is anticipated to generate approximately 196 trips per day. 91 units x 2.145 trips/day/unit = 196 trips/day In addition, this project is exempt from concurrency requirements as indicated in the attached June 23, 1995 letter from Michael Rumpf, Senior Planner of the City of Boynton Beach. ARClboynlOnltrafstat.doc 4722 N.W. Boca Raton Boulevard I Suite C106 I Boca Raton, Florida 33431 Page 7 Site Plan Review ~_ .ication RIDER TO SITE PLAN APPLICATION The undersigned as applicant for Final Site Plan Approval does hereby acknowledge, represent and agree that all plans, specifications, drawings, engineering, and other data submitted with this application for review by the City of Boynton Beach shall be reviewed by the various boards, commissions, staff personnel and other parties designated, appointed or employed by the City of Boynton Beach, and any such party reviewing the same shall rely upon the accuracy thereof, and any change in any item submitted shall be deemed material and substantial. The undersigned hereby agrees that all plans, specifications, drawings, engineering and other data which may be approved by the City of Boynton Beach, or its boards, commissions, staff or designees shall be constructed in strict compliance with the form in which they are approved, and any change to the same shall be deemed material and shall place the applicant in violation of this application and all approvals and permits which may be granted. The applicant agrees to allow the City of Boynton Beach all rights and remedies as provided for by the applicable codes and ordinances of the City of Boynton Beach to bring any violation into compliance, and the applicant shall indemnify, reimburse and save the City of Boynton Beach harmless from any cost, expense, claim, liability or any action which may arise due to their enforcement of the same. READ, ACKNOWL DGED AND AGREED TO this LL-ft. day of iI...~ , 194L- ~ r:J. I ~{cant - ~ Witness Planning and Zoning Department - Rev. 3/18/97 S:\PLANNING\SHARED\WP\FORMS\APPS\NWSP\SITEPLAN.WPD Page 6 Site Plan Review .:'. ication III. CERTIFICATION (I) (We) understand that this application and all papers and plans submitted herewith become a part of the permanent records of the Planning and Zoning Department (I) (We) hereby certify that the above statements and any statements or showings in any papers or plans submitted herewith are true to the best of (my) (our) knowledge and belief. This application will not be accepted unless ~Sl.. d. ording to the .instructions below. '..5/tt /77 ~?$;L~ ~[/?'7 . Signature of Owner(s) or Trustee, of Date Authorized Principal if property is owned by a corporation or other business entity. IV. AUTHORIZATION OF AGENT 13~ p. MJt.-Le'/ii!!-, klc.P ~ ~~/ e;;,'/b."Fl Slgnature of Authorlzed Agent Date (I) (We) hereby designate the above signed person as (my) (our) authorize agent in regard to this application. 4 Signature of Owner(s) or Trustee, or Authorized Principal if property is owned by a corporation or other business entity. 3/J ~ Pi- ~~ Date SPACE BELOW THIS LINE FOR OFFICE USE ONLY Review Schedule: Date Received Technical Review Committee Planning & Development Board Community Appearance Board City Commission Date Date Date Date Stipulations of Final Approval: Other Government Agencies/Persons to be contacted: Additional Remarks: Planning and Zoning Department - Rev. 3/18/97 S:\PLANNING\SHARED\WP\FORMS\APPS\NWSP\SITEPLAN.WPD Norman J. Michael & Elishka E. Michael 1337 North Dixie ffighway Lake Worth, FL 33460 561/547-9407 May 16, 1997 Tambri Heyden, AICP CITY OF BOYNTON BEACH PLANNING & ZONING DEPT. 100 E. Boynton Beach Boulevard Boynton Beach, FL 33425 Re: ARC at Boynton Beach (r.n.a. Alhambra Square South! ACLF) Boynton Beach, FL Dear Ms. Heyden: As owners of the subject property, this letter is to notify those who may be concerned that Les Matthews of Strategic Investments, Inc., as contract purchase, and Bradley Miller of Charles Putman & Associates, Inc., are authorized to serve as the applicant and agent respectively for the processing of applications required for permitting of an assisted living facility to be located at the southeast comer of Congress Avenue and SW 23rd Avenue (Golf Road) . Sincerely, 4~~t $:t~ arc\golfrd\agtauth .Itr CHARLES PUTMAN & ASSOCIATES, INC. LAND DEVELOPMENT CONSULTANTS PLANNING I ZONING I PERMIlTING Boca Raton I (561) 994-6411 Fax I (561) 994-0447 May 23, 1997 Tambri Heyden, AICP Planning & Zoning Director City of Boynton Beach Planning & Zoning Department 100 E. Boynton Beach Blvd. Boynton Beach, FL 33425-0310 Re: ARC at Boynton Beach Site Plan Application Dear Tambri: Attached herein are twelve sets of a site plan application package and the $750 application fee for a proposed assisted living facility at the southeast corner of Congress Avenue and SW 23RD Street (Golf Road). In 1989 this property was subject to a settlement and stipulation agreement between the property owner and the City of Boynton Beach of which a copy is attached for your reference. The agreement allows for the development of 248 ACLF units on a 9.32 acre parcel of land. The subject application proposes the development of. 91 assisted living units on approximately half of the property or 4.622 acres. The project has been designed to be consistent with the stipulated condit.ions within the agreement. Should you or your staff need any additional information during your review, please don't hesitate to call me. Sincerely, cc: Les Matthews Norman Michael Attachment BDM/hh a :\arc\golf\heyden. wpd 4722 N.W. Boca Raton Boulevard I Suite C1061 Boca Raton, FlorIda 33431