LEGAL APPROVAL
DEPARTMENT OF DEVELOPMENT
Division of Planning and Zoning
Bu/ent L Kast4rlak, NCARB
Director
Buil4ing
Planning &: Zoning
Engineering
Occupational Ucense
Community Rec!VeIopmmJ
June 24, 1998
Malek and Associates
253 N,E. 2nd Avenue
Delray Beach, FL 33444
Re: Alhambra Square North
File Number: NWSP 97-014 - New Site Plan
(Walgreens and Medical Office)
Location: Northeast Corner of Congress Avenue and S.W. 23rd Avenue (Golf Road)
Dear Sir/Madam:
Enclosed is the City of Boynton Beach development order regarding the City
Commission's June 16, 1998 denial of your new site plan request, regarding the above
property.
Should you have any questions regarding this matter, please feel free to contact this
office at (561) 375-6260,
Sincerely,
7'<---_ ~ ?/ r/
Michael W. Rumpf
Acting Planning and Zoning Director
MWR:mae
Enclosure
xc: Central File
(S:\ShrdataIPlanningISharedlWplProjectsIALHAMBRA NORTH\NwsplDev Order letter.doc)
America's Gateway to the Galfstream
100 East Boynton Beach Blvd.. P.O, Box 310 Boynton Beach, Florida 33425-0310 Phone: (561) 375~260 FAX: (561) 375~259
~ DEVELOPMENT ORDER
CI f't .JF BOYNTON BEACH, FLORID~
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APPLICANT'S AGENT: Malek and Associates
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PROJECT NAME: Alhambra Square North
APPLICANT: Norman J. Michael
~~ j
JJN 18.
APPLICANT'S ADDRESS: 253 N,E, 2nd Avenue, Delray Beach, Florida 3344
DATE OF PUBLIC HEARING BEFORE CITY COMMISSION: June 16, 1998
TYPE OF RELIEF SOUGHT: New Site Plan (Walgreen's and medical office)
LOCATION OF PROPERTY: Northeast corner of Congress Avenue and S,w' 23rd Avenue (Golf
Road)
DRAWING(S): SEE EXHIBIT "A" ATTACHED HERETO,
THIS MATTER came on to be heard before the City Commission of the City of Boynton
Beach, Florida on the date of hearing stated above, The City Commission having considered the
relief sought by the applicant and heard testimony from the applicant, members of city administrative
staff and the public finds as follows:
1, Application for the relief sought was made by the Applicant in a manner consistent with
the requirements of the City's Land Development Regulations,
2, The Applicant
HAS
-1L. HAS NOT
established by substantial competent evidence a basis for the relief requested.
3, The conditions for development requested by the Applicant, administrative staff, or
suggested by the public and supported by substantial competent evidence are as set
forth on Exhibit "B" with notation "Included",
4, The Applicant's application for relief is hereby
_ GRANTED subject to the conditions referenced in paragraph 3 hereof,
-L DENIED
5, This Order shall take effect immediately upon issuance by the City Clerk,
6, All further development on the property shall be made in accordance with the terms
and conditions of this order.
7, Other
DATED: a./AU' /9. /99~
tl
~a-v/V,~~u" .
City Clerk
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J:ISHROA TAIPlanningl5HAREDIWPIPROJECTSlBrownlCDPAIDEVELOPMENT ORDERdoc
EXHIBIT "B"
Conditions of Approval
Project name: Alhambra Square North
File number: NWSP 97-014
Reference: The plans consist of 10 sheets identified as 2nd Review. New Site Plan, File # NWSP 97-014
with a Julv 22. 1997 Planning and Zoning Department date stamp marking,
DEPARTMENTS INCLUDE REJECT
PUBLIC WORKS
Comments: None X
UTILITIES
Comments:
1. Palm trees will be the only tree species allowed within utilities
easements, Canopy trees may be planted outside of the easement so that X
roots and branches will not impact those utilities within the easement in
the foreseeable future, (Sec, 7,5-18,1)
2, Department of Health permits will be required for the water and sewer X
systems serving this project. (Sec, 26- 12)
3, Fire flow calculations will be required demonstrating the city code
requirement of 1500 g,p,m, (LOR Chap, 6, Art, , Sec, 16), or the X
requirement imposed by insurance underwriters, whichever is greater.
(Sec, 26-16(a)),
4, A capacity reservation fee will be due for this project upon the Utilities
Department request for signature on the Health Department application X
forms or within 30 days of site plan approval. This fee will be
determined based upon final meter size, (Sec, 26-34(E))
5, City water may not be used for irrigation where other sources are readily
available. (Comp Plan policy 3C.3.4) Indicate on the site plan the X
location of the water well to be used for irrigation,
FIRE
Comments: None X
POLICE
Comments:
6, Depict handicap pavement markings in accordance with code, X
7, Provide on the site plan pavement markings indicating the direction of X
the intended travel through the drive through.
8, It is recommended that strict attention be paid to D,O,T, guidelines in X
Page 2
Alhambra North
File No, NWSP 97-014
DEPARTMENTS INCLUDE REJECT
reference to line of sight for the ingress and egress on both roadways,
ENGINEERING DIVISION
Comments:
9, Replace egress arrows exiting onto S,W, 23rd Avenue with right and left X
turn arrows [Chapter 4, Section 7,B,2,]
]0. Add stop bar and stop sign at the southbound center driving lane between
Building A and Building B at the southernmost end of the traffic divider X
(this will allow for northbound traffic to crossover and enter the drive
thm), [Chapter 4, Section 7,B,2,]
11. Remove yellow cross hatch median located between the two buildings
and replace it with concrete curb to separate driving lanes from drive X
thm lanes [Chapter 4, Section 7,B,2,]
]2, Provide signage and striping at northeast corner of Building A to prevent
traffic from entering the drive through from the wrong direction, X
[Chapter 4, Section 7.B.2,]
]3, All plans submitted for specific permits shall meet the city's code
requirements at time of application, These permits include, but are not X
limited to the following; site lighting, pavmg, drainage, curbing,
landscaping, irrigation and traffic control devices, Permits required from
agencies such as FDOT, PBC, SFWMD, DEP, LWDD and any other
permitting agency shall be included with the permit request.
14, Entrance to S,W, 23rd Avenue is 39 feet wide which is greater than the
maximum allowable of 32 feet. Reduce the width of the entrance X
driveway by 7 feet or obtain approval from the Director of Development
for the 39 foot wide driveway, [Chapter 23, Article n.H, I ,]
15, Show six inch thick concrete sidewalks thm both driveways, [Chapter X
23, Article n, Section P,]
]6, Provide location and details for fire lanes, [Chapter 23, Article ILM,] X
17, Remove both stop bars/signs for southbound traffic along the eastern
parking area and the one for westbound traffic at the southwest corner of X
the site for efficient traffic flow,
18, At the driveway on Congress Avenue change the straight-thm arrow to a X
right turn arrow and install a one way arrow sign in the median,
Page 3
Alhambra North
File No, NWSP 97-014
19. Revise dumpster plan view eliminating block wall in the front to provide X
a clear, unobstructed opening of at least twenty feet.
20, At both egress driveways add dual 6 foot solid, yellow stripes 25 feet X
back from the stop bars to delineate traffic lanes,
BUILDING DIVISION
Comments:
21. On the site plan place a note indicating that the required handicapped
accessible path leading to the entrances of both buildings from the X
abutting public right-of-way and each handicapped parking space will be
designed and constructed in compliance with the regulations specified in
the Florida Accessibility Code for Building Construction, Section
4,1.2III (1) thru (4), Where applicable, specify with notes on the plan
the location of the required curb cut ramps and built up ramps,
22, Where applicable, provide the following information on the Paving and
Drainage Plan: X
a) Show the location of the handicapped accessible curb cut ramp(s)
and built up ramps,
b) Provide a detail drawing of the built up ramps,
c) Specify the finish grade elevations and/or slope of the accessible
paths required to both buildings from the abutting right-of-way and
the handicapped parking spaces,
d) Identify the finish floor elevation of each building.
Note: All drawings, dimensions, surface finishes, elevations and slopes
shall comply with the regulations specified in the Florida Accessibility
Code for Building Construction, Section 4,1.2III (I) thru (4),
23. Based on the detail drawings submitted for the free-standing site sign X
found on sheet A5,1, omit Note Number 2 found on the site plan
drawings.
24, The 173,851 I square foot proposed free-standing sign shown on the site
plan and illustrated on sheet A5.! exceeds the 64 square foot maximum X
sign area allowed by the sign code, Amend the drawings to show the
sign area in compliance with the regulations of the sign code, [Chapter
21 - Sign Code, Article IV, Section 2]
25, The 25 foot tall proposed free-standing sign shown on sheet A5, I
exceeds the 20 foot maximum sign height. Reduce the height of the sign X
to comply with the regulations of the sign code, [Chapter 21 - Sign
Code, Article IV, Section 2]
Page 4
Alhambra North
File No, NWSP 97-014
26. Amend all plan view drawings of the site to show the location of the site X
sign meeting the minimum setback dimensions of ten feet identified in
the sign code. [Chapter 2 I - Sign Code, Article I1J, Section 5]
27, The dimensions of the building signage (west building) illustrated on
sheet A2,1 indicate the 635 (plus) square feet of proposed sign area X
exceeds the 154,5 square feet of maximum sign area allowed by the sign
code, Amend the drawings to depict the total sign area in compliance
with the regulations of the sign code, [Chapter 21 - Sign Code, Article
IV, Section 2]
28, All signs that are shown erected upon a parapet wall that extends above
the roof line are prohibited signs, Therefore, to show compliance with X
the sign code all proposed signs that are shown above the roof line shall
be removed or relocated below the roof line, [Chapter 21 - Sign Code,
Article II, Section 3 and Chapter I - General Provisions, Article II,
definition of Roof Sign]
29, At time of site plan review building signage is required to be submitted X
and reviewed for compliance with the applicable codes, Because the
applicant did not provide detail drawings of the signage proposed for the
east building, the applicant shall place a note on the elevation view
drawing of the east building indicating that no building signage will be
installed on the building or provide a note stating that a subsequent site
plan approval is required for building signage,
30, Permit plans for the proposed project shall comply with the applicable X
Building, Energy and Accessibility Code, [Chapter 20 - Building,
Housing and Construction Regulations]
PARKS AND RECREATION
Comments: None X
FORESTER/ENVIRONMENTALIST
Comments: None X
PLANNING AND ZONING
Comments:
31. With the permit set of drawings provide a clause on the survey stating
that the property was abstracted for all easements, right-of-ways and X
utility lines, as required by LDR, Chapter 4, Section 7.A,
Page 5
Alhambra North
File No, NWSP 97-0]4
32, Provide a statement on the site plan that no part of the subject site will be X
sold, detached or otherwise separated from the original tract of land
without the City of Boynton Beach approval of a subdivision plat,
33, Provide lighting details showing shields diverting light from the X
residential properties located to the north and to the east of the site,
34. Proposed buffer wall shall be set back, at minimum, a distance of 2 feet
from the northern and eastern property lines, as required by the LOR, X
Chapter 2, Section 4,L. Relocate the buffer wall at a minimum of 2 feet
into the property and dimension the setback required,
35, On the site plan show traffic control markings within the vehicular
system of the development, including drive-thru lanes, as required by X
LOR, Chapter 4, Section 7,B.2,
36, Show on the site plan and dimension all required and proposed setbacks X
of all structures as required by LOR, Chapter 4, Section 7.R I,
37, Submit drawings showing color elevations of both proposed buildings as
required by LOR, Chapter 4, Section 7,0.2, Since these were not X
submitted for staff review, a future site plan modification and/or appeal
may be required if the drawings do not comply with the Community
Oesign Plan,
38, Submit a presentation board containing samples of all major exterior X
building materials as required by LOR, Chapter 4, Section 7.0, I,
39, On the elevation drawings for the medical office building depict color X
codes and manufacturer's names of all exterior finishes, as required by
LOR, Chapter 4, Section 7.0,1.
40, On the landscape plan, indicate all existing and proposed easements to X
avoid potential conflicts with the utility lines and proposed structures,
41. Eliminate the discrepancy between the proposed height of the X
Walgreen's building as depicted on the site plan and elevations,
42. Provide Leisureville Homeowners Association approval of the proposed X
buffer wall, as warranted by the Settlement and Stipulated Agreement.
43, Comply with the comments from Palm Beach County regarding access
which include moving the driveway onto Golf Road east against the X
property line or constructing a median from the Golf Road/Woolbright
intersection east to the turn lane,
Page 6
Alhambra North
File No, NWSP 97-014
44, For consistency, eliminate discrepancies between elevations, floor plan X
and site plan depiction of both buildings,
45, Provide color elevations of the proposed signs, X
46, Any roof top equipment shall be screened from view at a distance of 600
feet. If such equipment is planned, indicate its location and the height of X
the equipment above the roof level. Provide elevations of the structure
showing the roof top equipment and the required screening (all reduced
to a small scale) and draw in on these elevations the lines-of-sight
connecting the highest point of the equipment with eye level from a
distance of 600 hundred feet from the building (LDR, Chapter 9, Section
II.E),
47, The proposed 13,905 square foot drugstore with drive-thru is not a
permitted use in the C- I zoning district. No permits will be issued until X
an application to rezone the property from C-l to C-2, a small scale land
use amendment and an amended stipulated agreement are approved by
the City Commission and DCA,
48, Lake Worth Drainage District requires that a drainage permit be issued X
for the proposed on-site drainage, Provide L.W,D,D, permit prior to
building permit issuance,
ADDITIONAL PLANNING AND DEVELOPMENT BOARD CONDITIONS
49, Request denied, X
ADDITIONAL CITY COMMISSION CONDITIONS
50, Request denied, X
TJH:dim
J;ISHRDA T AIPLANNINGlSHAREDlWPIPROJECTSIALHAMBRA NORTHINWSPICOND. OF APPROV AL-11-4 CC.DOC
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IN 'nit CIRCUIT COURT OF 'I'llE
~5TH JUDICIAL CIRCUIT IN AND
FOR PALM BEACH COUNTY, FLORIDA
CIVIL DIVISION
CASE NO: CL 89-6~78-AN
MIllIOR CORPORATION, a Florida
corpora tion: NOlUi1\N J. KIClIAtI.
and ELISIlKA E. IUCIIAEL, his wife,
Pla inti! f,
vs.
THE CITY OF !lO'lI/TON BEACH, a Florida
Municipal corpo~ation,
Defendant.
/
~~IPUI"'TIOII AND Sn'TL'EME:IIT 1\Gll.'EEM'EIIT
MIlllOR CORI'OIlATION, a Florida corporation ("MILNOR"), NORMAN
J. MICHl\EL and r.LISIlIV'\ E. HICllAELi his, wife ("HICIIAEL")l and the
CITY OF BOYNTON BEACH, a Florida M!1nicipal corporation (nBOYlrroN.
BI:1.CII"), by and throuqh their undersiqned attorn..y. herel:>~
stipulate and ~gree as follows:
~. HILNOR owns that certain parcel of real property located
within the municipal limits of BOYNTON BEACK and being a site of
approxilllately ~. O~ acres situated at the northeast intersection
of Congress Avenue and Golf Road (Southwest 2Jrd Avenue). which
relll property is more particularly described in the Exhibit "A"
attached hereto llnd iliad.. a part hereof, llnd which real property'
shall herei.,after be referred to as "Alhalllbrll Square North."
,
2. MICHAEL owns that certllin parclll of real property
located within the municipftl limits of 1l0YNTOII !lEAOl and being a
site of approximately 9.45 acres situated at the southeast
intersection of Congress Avenue and Golf noad (Southwest 2:lrd
Avellua). This raal propp.rty shall l:>e referred to as t\lO parcels,
thl! first parcel being an approxilllZlte 4. 4S Zlere parcel situated
closest to the intersection of Conqress Avenue and Golf Road
(Southwest 2:lrd Avenue), Zlnd more particularly describecl in the
I
.
~
EXHIBIT No.L
Io-z.z.-"\'l;
M. KARNS
...") .
C' /'1;.
-.0y- 5
EXHIBIT
I
A
._._-~----_._-~--~.~---_.._-
.:
exhibit "B" att"ched ..reto and made a part hereot, ,nd whic.'1
real property shall hereinatter be rete=ed to as "Alhal:lbra
Square South," The second parcel, beinq i=nediately adjacent to
ftnd east ot Alh~mbra Square North and consistinq ot approximately
!i,O acres, and more particularly described in the Exhibit: "C"
attached hereto and made a part hereot, and which real property
shall hereinatter be reterred to as the "Alhambra Square ACLF."
3. The Alhalllbra Square North, Alhambra Square South, and
the Alhambra Square ACLF parcels ot real property ':hall
hereinatter be sometimes collectively rete=ed to as the
UAlhnmbra Parcels.1t
4. The Alhambra Parcels are presently subject to the
followinq Comprehensive Plan and Zoninq designations by BOYNTON
BEAClI:
Future Land
PArcels Use ~lement:.. Zonina
Alhambra Square lIorth' Hoderate density R-lM(PIJD)
residential
Alhambra Square 50uth Low dens! ty R-1M (single
residential tamily residential)
Alhambra Square hCLF Low density R-1AA (single
residential tamily residential)
5. On or "bout September 3D, 1988, MILNOR tor the Alhambra
North and HICllhEL tor the Alhambra South and Alhambra ACLF
parcels submitted applications (the "Applications") to BOYNTON
BEACH for lImendments to the futur.e land usa elament ot the
Comprehensive Plan, and tor rezoninq ot the Alhambra Parcels, as
tollows:
P!l'rc::el s
Future Ll1nd
Elemen~ Reauest:
R~zonina neauest
Intended
1ln
~'r ^lhD.I:'~',~.i'iI'..7 OUice
o I\. Nort!l. ". ",.
~ Alhambra Square Office
!#'- South
Commercial
C-l (Oftice
Professional)
Alhambra Squara Hulti-f~mily
ACLF residential
R-3 (Multi-
tamily)
oftice!
Medical
Oftice!
'Medical!
Banking
Adult
Congreqate
Living
Facility
Commercial
C-l (Ottice
PrOfessional)
2
,
,. Tho IIpp Hca L_ons wera cons ide red by the Pl..nninq and
zoninq Board ar 1I0YNTON DE1\CIl at a duly constituted and duly
noticed public h""rinq on December 15. 1988. et which time the
Planninq and Zonl nq D'oard recommended denilll ot the ApplicAtions
to the City Commi~sion.
1. On Janu"ry 4, 198!!, at a duly constituted and a duly
noticed Special M<!etinq ot the City Commission of DOYNTON BUClI,
the City cOllUllission of BOYNTON BUell heard and considered the
.
Applications and by motion declined to submil: the Applical:ions
.
tor review by the state of Florida Department of cOJlllllunity
1\ffairs and the Treasure Coast Reqional Planninq Aqency.
8. On or aboul: June 20, 1989, MIUlOR and MIClI1\EL filed the
instant action seekinq to invalidate the current Comprehensive
,
Plan designal:ion~ and zoning classifical:ions ot the Alhambra
Parcels, seeking to require BOYNTON BEJ\CH to 'IranI: the
J\pplications and seekinq damaqes.
9. On September 14, 19B9, RObert J\. Eisen, Esquire,
attorney tor KIUlOR and MIClIJ\EL; delivered to RaY'lDond Rea,'
Esquire, City Attorney for BOYNTON BEJ\CH, a letter offerinq a
settlement ot tho instant action wherein BOYNTON BUCH would
qrant
the
comprehensive
Plan
desiqnations
and
zoninq
classifications requested in the Applical:ions and MICHAEL and
MII.'lOR would re1"ase BOYNTON BEACII from any and all claims for
damaqe. At its regular meetinq ot Sepl:ember 19, 1989, the City
Commission considered the requesl: tor settlement, and by a vote,
three votes in favor, two opposed, direcl:ed the City Attorney,
Raymond Roa, to neqotiate the terms o~ a stipulation and
Settlement Aqreement with the representatives of KILN OR and
tlICIlAEL llnd 'present that stipulation and Settlement Agreement tor
approval by the city commission at its meetinq at October J.
1989. The city Attorney was turther directed to 'live public
notica of the cnnsideration at the stipulation and Setl:lement
1\qreament and th"t the considoration ot the Stipulation and
Settlement Aqreement should be a public haarinq so that input
from tha public could be taken and considered by the city
J
.
com..ission. On October J, 1989, the City co...dssion hs..rd ..nd
considered public input and postponed consideration of this
Stipulation and Settl....nt A9ree..ent until its r.gul..r msetin9 of
October 17, 1989.
Sinc.. that tim., KILNOn ..nd KICHA!:L have
..odified their requested land us. changes to those set forth in
p..ragraph 11, below.
10. On October 17, 1989, at: it:s re9ular City Co....is.ion
....tin9, the city COllllllission at BOYNTON BEACll considered the
terms snd conditions of this Stipulat:ion and Set:t:telllent
Agreement, the further input from KILNOR and KIO~EL. the further
public input, and by 0 motion duly mads, the City Commission, by
a vote of four in favor, none opposed (Council-person Arline
Weiner absent), ..pproved the terms and conditions at this
Stipulation and Settlement Agreement ..nd authorized ..nd dir.cted
the City AttorneY to execute this stipulation and Settlement
Agrllement.
11. The Future Land Use Ele..ent: "..nd Zoning ot the Alhllmbra
Parcels shall bel
.
,
Parc@l
FUtur. Land
Usa ~leme"t
Zonina
Alhambra Square North
Offlce cOIlllll.rcial
C-1 (O!fice
Protassional)
R-3 (Hulti-Family)
ACLF with no less
than 248 units
Alhambra Square South
and Alhambra Square ACLF
HUlti-Family
Resldent:1al
In connect:lon wit:h the dev.lopment: of the Alhambra Parcels, and
as an inducement to BOYNTON,BEACH to enter into this stipulation
and Sett:lement Agre.m.nt:, KeLNOR and MICHAEL agree to the
following developmental limitations, I which developmental
limitat:ions shall apply re9ardless of ownerShip of the Alhambra
Parcsl" :
a. Alhambr3 Souare North:
(1) Buildin9 Height not to exceed two stories:
(2) All dumpsters to b. located away from adjacent
residential nraBS:
(3) Construction of the six-foot zoning boundary
woll shall be coordinated with the governing association of the
4
.
adjacent residential property and the existing bulter hedge shall
be removed and replaced with sod and landscaping to the
specitications of ~he qovernlnq association and at no cost. to the
governing associationr
(4) Parking lot lighting shall be shaded so as not
to shine directly into residential areas, and parking lot
light:lng shall not be illuminllted after 11:00 P.M.:
b. AJ.hi!lmbrllt ~crn.!l'l". South and "lhambrB. Sm.!B.T'@ "eLF:
.
(1) Building Height not to exceed tvo stories:
(2) Roof pitch not to be steeper than 4/12:
(J) All dumpsters to be located away tram adjacent
residential areas, and at least one hundred teet from the south
'.
~
property line of the Alhambra Square South and Alhambra Squ~re
ACLF Pl1rcels:
(4) Parking lot lighting shall be shaded and
shielded so as not to Shine. directly into adjacent residential
areas: parking lot lighting shall not be illuminated after 11:00
P.M.: parking lot li9hting poles shall be at the minimum height
pergitted 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") Shllll be constructed on the south property ot the
Alhombra Squar~ South and Alhambra Square ACLF parcels. The plan
and design of the Wall shall be coordinated with and approved by
the governing ~ssociations of' the adjacent rosid,ntial property.
,
Approvol at the Wall shnll not be unreasonably withheld by the!
90verning asso~iations, The Wall shall be constructed at: no cos~
or expense to the governing associations:
(7) At such time as building plans are presented to
BOYNTON DEAClI tor permit, copies of the Wall plan and site plan
shall be submitted to the governing associations:
(0) No parking spaces or improvements except
lnndscl1ping shall be constructed or instl1l1ed in the Lake Worth
5
.
r
Orainage District ~idht-of-~ov south ot the hlhambra Square South
and Alhambra Square ACLF Parcels: and
1") Deceleration entry" lanes shall be pr~vided at
eAch ~ntrDnce it deemed necessary by BOYNTON BEACI.
The foregoinq developmental limitations shall be set forth in a
Declaration at Covenants and Restrict:ions (the "Declaration"),
which shall provide that they cannot be lIIoditled without the
consent of BOYlrrON BEACH, and the Declaration shall be recprded
alllonq the public records of Pallll Beach County, Florida,. shall run
with the land, and shall be bindinq upon the succes~ors and
"assigns of KILNOR and MICHAEL. The Declaration shall be prepared
and distributed to. the governinq associations by NoveJllber 1,
1989.
A recordable Declaration signed by MILNOR and KIClIl\EL
j
.
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 Agreement have been
duly enacted by BOYNTON BEACH.
The Declaration is for the
benefit of the following governing associlltions of the adjacent
residential arens:
(a) Boynton Leisureville Community Association, Inc. as
to the Alhambro North Parcel: and
(b) Colfview Horbour and Golfview Harbour Estates as to
the Alhambra South and Alhambra ACLF Parcels,
~ 12.. BOY~TON BEACI agrees to supplelllent or amend its
Comprehensive Plan by December '1, 198;, to permit: Use and
development: of the Alhambra Square Parcels as set forth in
pera9raph 11, above, subject only to the limitations set forth in
this Settlement and Stipulation Aqrsement and other usual and
customary site related cOn?itions of development.
13. BOYNTOn BEACII agrees, within thirty days of the dote of
f\, this Stipulation, to rezone the Alhambra Square Parcels to permit
J/ .<:. the development set torth in paragraph 11, above, subject only to
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\D\C\() completion of all procedural requirements under Florida Statutes,
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Sec. 16J,J184, the limitations set forth in this Stipulation and
Settlement. Agreement, and other usual and customary site related
conditions ot 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
Sett:lement: Agreement, BOYNTON BEACH agree. to prepare and adopt
any and all such ordinances and resolutions necessary to
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implement the terms ot this Stipulation and Settlement Agreement.
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15. Simultaneous with the execut:ion of this Settlement
StipUlation, KIUIOR and HIO~EL shall deliver to BOYllTON BEACH a
full and complete release on behalf of itself, its officers,
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directors, sharoholders, employee.,
aqents,
and representatives
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as to any and all actions, suits, damaqes, claims, which it or
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they may have Ilqainst BOYNTON BEACH or any at its officials,
employees, consultants, agen~, elected. officials, or appointed
officials in connection with or related to any action or inaction
regarding ~e Applications and the ~lhambra Parcels. The general
releases shall be held in escrow by City Attorney, Raymond Rea,
until all actions necessary to effectuate this Stipulation and
Settlement Agrocment have been duly enacted and then shall be
delivered to BOYNTON BEACH.
16, KILNOR and KICHAEL Shllll further aqr.e to defend BOYNTON
BEACH at KILNOR and HICHAEL's expense, any suit or administ:rative
act:ion pursullnt 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 . HILNOR and
HICIAEL aqree that BOYNTON BEACH's
......
Stipulation and Settlement Agreement shall
obligations under this
at all times be subject to Department of Co_unity Affairs'
approval. HIlllOR and HICHAEL further acknowledqe that BOYNTON
BEACH shall not: be responsible for any other Governmental
Agency's action related to the development of the Alhambra Square
Parcels.
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18.
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The partie. shall forthwith inform the CI
c: that. a
settleMent has boon reached and all proceedings in the suit shall
be abated until the terms elf this Stipulation and Settlelllent
Aqreement: are fully and completely effectuated. At such time,
the parties shllll jointly seek an order from the Court confirming
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and ratifyinq this stipulation and Settlelllent Aqreement. The
Court shall at all tiMes have and retain juriSdiction over this
cause and the p"rties to ensure that the terms and conditions
herein are adhered to by the parties.
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RhYHOND ~E^, ESQ.
City Attorney tor 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
LIlli OFFICES OF nODERT 1'.. EISEll
Attorneys for Plaintiff(s)
4700 Northwest Boca Raton Blvd.
Suite 103
Boca Raton, Floridll 33431
(407) 994-2090
Florida Bar No, 180136
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BY:
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RAYHOND REA, ESQ,
BY:
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ROBERT A. EISEN, ESQUIRE
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DATED: ~ 31) IIZ~_
DATED:
&'C~~"".~3- '7)I'-r~1
pldq 06/pldq 1/nN
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