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
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~LAJ '\' Jt. Z-Bo
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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:
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Phone:
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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