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CORRESPONDENCE JUN-24-86 08,02 FROM,JOStAS GOREN ET AL 10,9547714823 PAGE 2/2 CITY OF BOYNTON BEACH MEMORANDUM FROM: Mike Rumpf, Seniol:' Planner , ' I,. , ! n I., _ _" ".' 'L :: James A. Cherof, City AttorneY~IIl!)!.-'-'-""'-"-'-'""-'-'-"''':.'llil; r Inl, JUN 24 'iU I Boynton Beach adv. Milnor corp,,Jw I 1998 . C:) CaseNo.CLS9-6178AN I I TO: RE: DATE: June 24, 1998 PLA:~N!NG AND ZONING OEPT. The trial of the above-indicated matter has been scheduled for Monday, June 29, 1998 at 9; 00 a. 1\1. in the Palm Beach County Courthouse. You will be sitting at the Defendant's table with me as the City's representative. I will pick you up at City Hall at 8;00 a.m. so that we can travel to the Courthouse together. Should you have any questions, please do not hesitate to contact me. JAC/lmh 980125 RUMPF.MEM Department of Engineering and Public works PO. Box 21229 West Palm Beach, FL 33416"122q (561) 684-4000 http,ilwwwcQ,palm-beach,fl us . Palm Beach County Board of County Commissioners 8urt Aaronson, Chairman Maude Ford Lee, Vice Chair Karen T Marcus Carol A. Roberts Warren H. Newell Mary McCarty Ken L. Foster County Administrator Rubert WeIsman. PE. "An Equal Opportumty Affirml.1tlve Actton Employer" @ printed on recycled papar Ir;~~- f C". I GJU'.'i ..... L" {i' August 25, 1997 Ms, Tambri Heyden, Director Boynton Beach Planning and Zoning Department 100 E. Boynton Beach Boulevard P,O, Box310 Boynton Beach, FL 33425-0310 RE: ALHAMBRA SQUARE NORTH Dear Ms, Heyden: The Palm Beach County Traffic Division has reviewed the traffic study for the project entitled Alhambra Square North, pursuant to the Traffic Performance Standards in Article 15 of the Palm Beach County Land Development Code, It is located on the northeast corner of Congress Avenue and S,W, 23rd Avenue (Golf Road), Alhambra Square North is on the list of Previous Approval determinations from the City, It is identified as being approved for 46,000 square feet of general office, The proposed project will consist of 13,905 square feet of retail and 26,160 square feet of medical office, The proposed project will generate 1,251 additional net daily trips over the approved project. The build-out is 1999, The Traffic Division has determined that the project meets the Traffic Performance Standards of Palm Beach County, Please note that approval of this traffic study does not constitute approval of access to a County roadway, The traffic study indicates the need for a left turn lane from Golf Road, This is based on the Traffic Divisions turn lane guideline of 30 peak hour left turns. The schematic diagram of the turning volumes in the traffic study indicate that the Golf Road driveway may be located too close to the intersection of Congress Avenue and Golf Road, I have obtained a copy of the proposed site plan from the traffic consultant. It shows the proposed driveway near the middle of the site, There is a concern with this location because left turns into the site would occur Via Facsimile Only (954) 735-9025 MEMORANDUM June 15, 1998 FROM: Peter Haliburton Kittleson & Associates, Inc. -A.,_G_ r~ Michael Rumpf;'Acting Director of Planning and Zoning TO: RE: Walgreens, Your Project No. 3174 I am in receipt of your Transmittal of June 15, 1998, which enclosed three copies of Sheet 1 depicting the Walgreen's Site Plan, typical parking stall details, light fixture detail and dumpster enclosure details. Before this submittal is processed further, please provide the following information: 1. Are you now to be the agent for this project? 2. For what purpose has this document been transmitted? 3. Is the document intended to replace or supplement the original Site Plan submission? 4. What portions of the original Site Plan are amended by this submission? The foregoing information is necessary to our evaluation in preparation for tomorrow night's Site Plan Review hearing by the City Commission. Ordinarily, documents of the nature which you submitted today would not be considered as part of the package currently being reviewed. We await your response to further evaluate this matter. We will advise you of the status of tomorrow night's hearing once we have your response. MR/r August 2S, 1997 Ms, Tambri Heyden, Director ALHAMBRA SQUARE NORTH Page two adjacent to the middle of the left turn lane for the intersection, It is likely that a driveway at this location would not be approved by the County. There appear to be two acceptable alternatives, One is to allow the driveway at the proposed location, but require the construction of a median to restrict left turns. The other is to move the driveway to the far east side of the site. A left turn lane into the site could then be constructed by shortening the left turn lane for the intersection, If you have any questions regarding this determination, please contact me at 684-4030. Sincerely, OFFICE OF THE COUNTY ENGINEER ~')1,-4 Dan Weisberg, P.E, Senior Registered Civil Engineer cc, Alan Newbold, Acting Director Boynton Beach Development Department File: Mun - TPS - Traffic Study Review g:\user\dweisber\wpSO\tps\boyn79 - TAZ 496 Makh c.1J~, ilt/). Consulting Engineers, Land Planners Tel. (407) 272-1800 Fax (407) 272-0008 \- re ~~' c _...,. lEi I,i~l \ ~ . D.r"'" ~ I , I !~J N,!'lU~nc1AYenua '.. i DrtraYI~aac,~'. FL . .~34~~._.J i . Yl,,,,",,.,G ~ i "1y.! '.....'i;:c-'r " t..\,,~l0;u l'_.1 .. '. .-- . J"" 22nd,1997 Planning & Zoning Department City of Boynton Beach 200 N. Seacrest Blvd. Boynton Beach F133425-0310 Re : Alhambra North City file # NWSP 97-014 Gentlemen/Madam: Enclosed, please find the following in regard to the above referenced project: 1) Three copies of the project traffic study 2) Twelve copies of: a) Boundary Survey b) Revised site plan c) Landscape plan d) Floor plan for building "A" e) Elevations for building "A" f) Floor plan for building "B" g) Elevations for building "B" h) Details for the site sign i) Conceptual drainage plan j) Conceptual water & sewer plan Should you have any question in regard to these documents, please contact the undersigned at your convenience. 7 Mailing Address: P,O, Box 2212. Delray Beach, FL 33447-2212 07/15/1997 15:37 5513755054 cnV' A HORNEV' PAGE ell To: Tambrl 375.6259 Fax; From: Rose Marie Lamanna o.te: 7115197 '....: 3, including cover sheet. 11 "I' ! :~ i : ' ; i ill) Iii ,'ji ", ~), ~. .' .. .~ j 1 JUl I Sa? "_J I'L:'...';. '~::i; '-ll) -.-. , ; ';'LPT. ~.k ,,<, ,..,,__~~n""""_~ J Attached are copies of Jim's memo to Milan, dated 6130/97 and the letter from Robert Eisen, dated 6/26/97 From the de,. of... fl.ooe M...ie Lamanna Legal A'''''tant Ciry oj Boyrton Beach 100 E, Boynton BelIch Blvd.. P,O, Bo.310 Boynton Beach, FL 33425 (561) 375.6050 Poger: (561) 605-7743 07/15/1997 15:37 5513755054 C ITV A HORNEy' PAGE 02 MEMORANDUM June 30, 1997 TO Milan Knor, Director of Developmental Services FROM: RE: James A. Cherof, City Attorney Alhambra Square North Attached for your consideration are the following: 1, 6/26197 letter from Robert A. Eilen, elq" attorney for Milnor Corporation; 2. October, 1989 Stipulation and Settlement Agreement; 3, September 28, 1990 Agreed Court Order; 4, Proposed Site Plan I would appreciate your recommendation to Mr, Eisen's proposal that the Settlement Agreement be amended to allow a drug store with the drive-thru as an allowed use on the property as depicted on the proposed site plan, JAC/ral Ene e7/15/1337 15:37 5513755e54 CITY A TTCRt,EY PAGE e3 1..AWOWlCE EISEN &. WILLITS (A.~illC",. . ....---1 r ) 1f>>CAAIIND Q.dDrDf.f IILnl $lJ11T ;/flf BOCA M'ION, FL JI.11 IIOBEKT A. E/llDI /IrANI! wru.m; 1f2l/IDy,;. J.OOCL Jun. 26, 1997 VIA FEDERAL EXPRESS J.... Cherot, Esquir. CH:y Attorney city ot Boynton seach P.O. Box 310 Boynton Beach, FL 33425-0310 Re: Milnor Corporation Dear Mr. Cherot: Pl.a.e be advised that I repres.nt Milnor Corporation. Milnor Corporation owns the property at the northeast intersection of Conqres. Avenue and S.W. 23rd Avenue (Gulf Road). Thi. property wa. the subject of litigation in 1989. The litigation was settled. Pursuant to that .ettlement a stipulation and S.ttluent Aqr_nt ("Battlement Aqr~t") was siqned by the part.ie. and approved by the Court. A copy of the Settle.ent Aqreement and the Aqreed Order approving same are enclosed 1n th1a corr.spond.nce. The northeast corner of conqress Avenue and S.W. 23rd Avenue (Gulf Roadl 1. reterred to Alhaatlra Square North in the Settlement Aqreement.. Th. S.ttl....nt Agr..ment calls for Alhallll:lra square North to be r.d.signated Office/Commercial on the City'. Comprehensive plan and rezoned to C-1. The Settlement Agreement further placed certain restrictions on develop.ent of Alhallll:lra square North. In accordance with the Settl_ent Aej'reelll.nt the city did proceed to redssignate Alhallll:lra Squllre North on t.he city's comprehen.iv. Plan and rezone the property. R.cently Milnor corporation has at.t.eapt..d to apply tor sit. approval ot a propo..d development of Alhallll:lra Square North. A copy of the proposed site plan is enclosed with this correspondence. The proposed sit. plan calls for a two-story medical of rice buildinq and a one-story druq store with drive-thru. The u.es have been reviewed with the surroundinq hP..own.r associlltione who support the us.. e7115/19S7 15:37 5513755e54 G!TV ATTORNEY PAGE eo - . Ja... Cherot. City Attorney June 26, 1997 paqe 2 An examination ot the C-l di.trict regulations doe. not reveal a drug' .tore with drive-thru use as a permitted use. Although it is noted that phar'lllllcie. are allowed. An exuination ot the C-2 district requlation reveals that a druq store with drive-thru is an allowed conditional use. In connection with the Settlement Aqreement a DeClaration at Covenants and Restrictions ("Declaration") were recorded amonq the public records. A copy ot this Declaration is also enclosed. The Declaration r..trictB us. ot Alhambra Square North to the use. s.t torth in the C-l district. Given the history ot this property and the past lltiqation and considerinq the nece..ity to amend the Settlement Aqreement and the Declaration to implement the proposed drug store with drive-thru use, it i. respecttully sugqested that the most i_ediate and etticient lIlethodoloqy llIay be to present a revised Settle.ent Aqreelll8nt and Declaration to the City COmMission allowing the drug .tore with drive-thru use on Alhambra Square North tied to the proposed site plan. I would appreciate the opportunity to discus. this mattar with you aore tully. I wanted to provide the back;round intormation to you tor your review betore we have that discussion. Respecttully submitted. ft!;.~~~/~/ RAE/jb co: Norman MiChael Mitchell Rice SIGNED IN ABSBNCBTO ",om DEI.AYlNJu.n.TttfO 0186/r../jb/l0025 DEPARTMrnNTOFDEVELOPMrnNT Division of Planning and Zoning Building Planning & Zoning Engineering OccuptUional License Community Redevelopment August 5, 1999 Chris Kerr Kilday & Associates 1551 Forum Place, Suite 100A West Palm Beach, Florida 33401 Re: Alhambra Square North Settlement Agreement (Golf Road & Congress Avenue Retail Center) Dear Mr. Kerr; Please be informed of the city's determination that the settlement agreement for the above- referenced property must be amended prior to further processing of your applications for Land Use Plan AmendmentJRezoning (LUAR 99-003) and Site Plan Approval (CaUS 99-004). This decision has been made due to the limitations on development that the settlement agreement may have upon the property, Your applications and plans will be maintained as current files as long as you are actively pursuing the amendment of the settlement agreement. Please contact me if you need clarification or additional information, and to notify me when you have initiated the process to amend the settlement. Sincerely, ~vft;p Michael W, Rwnpf Planning and Zoning Manager MWR:nb S:\Planning\SHARED\WP\CORRESP\Alhambra Square\Kerr - Alhambra Square North Settlement Agreement.doc tOO Ea.. Boynton Beach Blvd,. P,O, Box 310 Boynton Beach, Florida 33425-<1310 Phon.: (561) 742-6260 fAX: (561) 742-6259 LAW OFFICES fD)~@~UW~~ IJl) SEP _ 2 1991 ~ RUDNICK & WOLFE A PARTNERSHIP INCLUDING PROFESSIONAL CORPORATIONS CHICAGO OFFICE 101 EAST KENNEDY BLVD. SUITE 2000 TAMPA, FLORIDA 33602-5133 WA HING'i1lN.~I~~~ RUDNICK & WDLFE 203 NORTH LA SAllE STREET SUITE 1800 CHICAGO, IlliNOIS 60601-1293 (312) 368-4000 FACSIMILE (312) 236-7516 TELEPHONE (813) 229-2111 FACSIMILE (813) 229-1447 F=lUDNICK, WOLFE, EPSTIEN & ZEIDMAN 1201 NEW YORK AVENUE, N.W PENTHOUSE WASHINGTON, D.C. 20005_3919 (202) 712-7200 FACSIMilE 1202) 712.7222 CYNTHIA A. HENDERSON August 27, 1997 26360,00,014 Via Facsimile 5611375-6090 Tambri Heyden, Director Planning and Zoning City of Boynton Beach 100 East Boynton Beach Boulevard Boynton Beach, Florida 33425-0310 Re: Project Alhambra Square North Dear Ms Heyden: As you are aware, the Alhambra Square North project was scheduled for the City Commission meeting on September 2, 1997, This letter is a request to continue the hearing until September 16, 1997, We appreciate your confirmation that the matter has been continued until that date at your earliest convenience, Cordially yours, CAH/slp CAH60351 cc: Mr. Alan Bumberg Malek & Associates James Cherof, Esq, Mr. Norman J, Michael ~;...N~ ~ Mn-t-L. -!/ JJ (J.J5( 4" {ql1ho9d/k~+ fi~ %e City of t.Boynton t.Beacfi ~~ '''''''!!I!!!!!/ June 23, 1997 100 'E. '.Boynton '.Beaci '.Boukvan! p.o, '.Bo.t310 '.Boynton '.Beadi., 7fori1fa 33425-0310 City!J{aif: (561) 375-6000 7.!U: (561) 375-6090 Mr, Dan Weisberg, Senior Engineer Palm Beach County Traffic Division Department of Engineering and Public Works P.O, Box 21229 West Palm Beach, Florida 33416 Re: Traffic Study: Alhambra North Northeast corner of Congress Avenue and S,W, 23rd Avenue (Golf Road) File # NWSP 97-014 Dear Mr. Weisberg: The enclosed traffic study on Alhambra North located at the northeast corner of Congress Avenue and S,w' 23rd Avenue (Golf Road) dated July 16, 1997, prepared by Simmons and White, Inc, was recently received by the city for the above-referenced application, Please review the enclosed information for conformance with the County's Traffic Performance Standard Ordinance, If you have questions regarding this matter, please call me at (561) 375-6260, otherwise please send me your written comments/approval to the above address, with a copy of your written response to AI Newbold, Acting Development Services Director also at the same address, S~cerely, . ,th1"J/hc\-JLL ~m~ri J, Heyden, AICP Planning and Zoning Director T JH:bme cc: AI Newbold w/ attachment Central File s:\projects\Alhambra North\traffic !il.mema's (jateway to tlU (jutfstream 81/12/1994 83:55 487375&8J PAGE 81 MEMORANDUM July 28,1997 JfLt \ "- -AI~ JJ~ ~iJ~ r ~( TO: Honorable Mayor and City Commission J8mes.~ C:b~. orney ru- ~ Alh~bra square/~~ ---....--.---.- In 1989 the City settled a lawsuit with the Milnor Corporation and Norman and Elishka Michael regarding two parcels of land totaling 13 ~ acres. The portion owned by the Milnor Corporation is commonly referred to as Alhambra Square North, The Milnor Corporation has proposed a use on the property not permitted under the terms of the Stipulation and Settlement Agreement. A copy of a letter from Milnor's attorney, Robert Eisen, is attached for your review. FROM: RE: The Planning and Zoning Director has reviewed this matter and has advised that the proposed drug store requires a small scale land use amendment and rezoning to C-2, The purpose of this agenda item is to permit Commission review and discussion regarding the proposed amendment and expansion of uses, If approved, the Stlpulalion and Settlement Agreement and underlying court order would require amendment, Additionally, rezoning and land use amendment would be required as referenced above, - -_. .,-. ~- .-,.-.......- Poet-It" Fax Note r..,.,;;,. c;o1Oopt. Phone . Fp' 7611 oatt7-. _ From Co. .....,.. ax' PZLANNING AND ONING OEPI / RECEIVED . 181m J~~ F AI k..~.ur~ 2~w/~~ 'CITY MANAGER'S OFFICE 01/12/1394 03:55 407375501 PAGE 02 ....w 00PICIl EISEN &: WILLITS (",--9ff, r ,................z "t II) m CII4NtJ fJM1)61a 1ILl'D. wmlfH lIOCA MroN, n lUll ~'1'~;::l:lOJ1 - ., '~ '/?~.. ~ "'...,;, .f __ ",. \~ \~- ~~ ~: ~ ~~ ~I ~ 0" "" ..........y TE1DHONitW)J6l.'~1(IO.~;Y' FitCW~ I/DBIiXl'it. EISEN fl,YAN Eo W1LlJ1'$ WD/DY E. IOOEL June 26, 1997 VIA FEDERAL EXPRESS James Cherof, Esquire City Attorney City ot Boynton Beach P.O. Box 3J.0 Boynton Beach, FL 33425-0310 Ite: Milnor corporation Dear Mr. Cherof: Pleaee be advised that I repre.ent Milnor corporation. Milnor corporation owns the property at the northeaet interseotion of Conqre.. Avenue and S.W. 23rd Avenue (Gulf Road). Thi. property was the .ubject of litigation in J.989. The litiqation was .ettled. Pursuant to that .ettlement a StipUlation and Settl~t Aqreemsnt ("Settl_nt Aqr_ant") was signed by the partie. an<l approved by the Court. A copy of the Settle.ent Aqre~t and the Aqreed order approvinq sallie are enclosed in this carreepon<lence. The northeast corner of Congress Avenue and S.W. 23rd Avenue (Gulf Road) is referred to Alhambra Square North in the Settlement Aqr....nt. The Settl_ent Aqreement calls tor Alhlllllbra square North to be rede.ignated office/COllllllercial on the City'. Comprehensive Plan and rezoned to C-l. The Settlement Aqreement further placed certain restrictions on development of Alhambra square North. In accordance with the settlement A9reem~t the City did proceed to rede.iqnate Alhlllllbra square North on the City's Comprehensive Plan and rezone the property. Recen~ly Milnor Corporat:ion has attempted to apply for site approval ot a proposed develop_nt at Alhllmtlra square North. A copy ot the proposed site plan i. enolosed with this oorre.pondence. The proposed .ite plan calls for a t:wo-st.ory medical office build1ng and a one-story drug store with drive-thru. The uses have been reviewed with the surroundinq ~omeawner a..ociations who support tbe use. . 0~!12!1~94 03:55 407375501 PAGE 03 : 3am.s Cherot. City Attorn.y 3une 26, l!il97 paqe 2 An examination at the C-l district regulations does not reveal a druq store with driv.-thru us. as a permitt.d use. Althou9'h it 1s not.d that pharmacies are allowed. An exuination at the C-2 district regulation reveals that a dxug store with drive-thru i. an allowed conditional us.. In conn.ction with the Settlement A9r....nt a Declaration ot Covenants and Restrictions ("Declaration") w.re recorded a.onq the public recorda. A copy ot this Declaration i. also enclos.d. The o.claration restricts uae of Alhllllbra Square Marth to the uses set torth in the C-l district. Given the history or this property and the past lit1qatlon and considering the neces.ity to amend the Settl_ent A9l"ealll811t and the Declaration to implement the proposed drug store with driv.-thru use, it is r..p.ctfully suq9'.sted that the IIIOst i_ediate and ettici.nt methodolCl9Y lIay be to pr...nt a r.vised Settlement Agreement and Declaration to the city commission allowing the drug store with drive-thru use on Alhallbra Square North tied to the proposed site plan. I would appr.ciat. the opportunity to discus. this _tt.r with you lIlore fully. I wanted to provide the baclcground information to you tor your review ~tore we have that discussion. Respectfully subaitted, ~a&d(~/~/ Robert A. Eisen RAE/jb SIGNED IN AB8BNCB'ro AVOID DELAYJNKA1LlNO cc: Norman Michael Mitchell Rice Q1S'lt../jb/l0025 . ,. DEVELOPMENT SERVICES DEPARTMENT PLANNING AND ZONING DIVISION MEMORANDUM NO. 97-368 TO: Jim Cherof City Attorney Tambri 1. Heyden, AICP -;;;~J~/ci- Planning and Zoning Director FROM: DATE: July 16, 1997 SUBJECT: 1990 Milnor settlement agreement vs, current development proposal for Alhambra Square North (northeast corner of Congress Avenue and Golf Road) The applicant for the above project called my office today, He stated that he received a response from you regarding the pending legal question relative to a proposed drug store use (with drive- through) on the above C- I zoned parceL He further stated that you are taking a revised agreement to the Commission on August 5, 1997, Please be advised that the proposed drug store also requires a small scale land use amendment and rezoning to C-2. TJH:dim Xc: Kerry Willis, City Manager AI Newbold, Acting Development Services Director Mike Haag, Building Code Permit Administrator Jerzy Lewicki, Acting Senior Planner Vanessa Llera, Plans Review Technician J :\SHRDA T A\Planning\SHARED\WP\CORRESP\CITY A TTY\ 1990 Milor agrement.doc 01/:2/1934 03:55 4073756811 PAGE 81 MEMORANDUM July 28, 1997 FROM: RE: Honorable Mayor and City Commission James A Cherof, City Attorney ~ (;vJJ Alhambra Square North TO: In 19B9lhe City settled a lawsuit with the Milnor Corporation and Norman and Elishka Michael regarding two parcels of land totaling 13 % acres, The portion owned by the Milnor Corporation is commonly referred to as Alhambra Square North, The Milnor Corporation has proposed a use on the property not permitted under the terms of the Stipulation and Settlement Agreement, A copy of a letter from Milnor's attorney, Robert Eisen, is attached for your rllView. The Planning and Zoning Director hIlS reviewed this matter and has advised that the proposed drug store requires a small scale land use amendment and rezoning to C-2, The purpose of this agenda item is to permit Commission review and discussion regarding the proposed amendment and expansion of uses. If approved, the Stipulation and Settlement Agreement and underlying court order would require amendment. Additionally, rezoning and land use amendment would be required as referenced above, - "-_. -. --" ._,._.....~_. ----- POlt-1t' Fax Note r... 7671 00"7- '"'"' coJOoot. Phone . Co. ~. ~ [g@[gD --- Wi ~ - L I ~' .... 29'" 'Uj l ,'- _, , I PLANNING AND ;, ZONING DEPT. , a' a' RECEIVED J~~~A~~~~r~ UUl 18 1997 'CITY MANAGER'S OFFICE 01/12/1994 03:55 4073756011 PAGE 02 ....w 0fPICIl EISEN" WILLITS lA.--.rtr . a---...l . mCA.WlM>~lJU'D. ~,.. lIOC.l MlI7N. n. lUll ,"~"'O - ..:r~--"" 017 - -, ,,~ ',;{'.. .. '...~\ \: \-~~ ~\ ~ ~ 101 ~ ~""' ~' '" "..."..y TEU:PHONitJ<6l)J~'d2{lO,~ "jY FACS1U~ /IDBfXI' A. DSEN IIrAN It wru.rr: Jl'lM)Y E. IOGi'L June 26, 1997 VIA J'EDERAL EXPRESS James Cherot, Esquire City Attorney City of Boynton Beach P.O. Box 310 Boynton aeach, FL 33425-0310 ae: Milnor corporation Dear Mr. Cherof: Plea.e be advised that I repre.ent Milnor Corporation. Milnor Corporation owns the property at the northea.t intersaction of Congre.. Avenue and S.W. 2Jrd Avenue (Gulf Road). Thi. property was the subject of litigation in 1989. Tha litigation was .ettled. Pursuant to that settlement a StipUlation and Settl~t Ioqreemant ("Settl~t Agr_t") was signed by the partie. and approved by the Court. A copy of the Settlellent ~t and the Ioqre.n1 Order approving sa.e are enclosed in this corr..pondence. The northeast corner ot Congr..s Avenue and S.W. 23rd Avenue (Gulf Road) is reterrecl to Alhambra Square Korth 1n the Settlement Aqr....nt. The Settl_ent Agre..ent clllls for Alhambra Square North to be radesignatecl Off1ce/Co=mercial on the City'. COllprehensive Plan Ilnd r.zoned to C-l. The Settl_ent Agreement further placed certain restrictions on development of Alhambra square Kor1:h. In acecrdance with the settl_nt Agreement the city did proceed to redesignate Alhambra Square North on the City's Comprehensive Plan and r.zone the property. Recently Milnor Corporation bae attempted to apply for site approval. of . proposed develop_nt of Alhambra Square North. A copy ot th. proposed site plan is enc;:losed with this corre.ponctenc;:e. The proposed site plan calls for a two-story 1IBd1cal office building and a one-.to~ druq store with drive-thru. The uses bave been reviewed with the surrounding Jt,omeownl!r a.eociation. who support the use. 0:/12/1954 03:55 40i3756011 PAGE 03 .: Jame. Cherof, City Attorney June 26, 1997 paqe 2 An examination ot the a-I district regulations does not reveal a druq .tore with drive-tbru use a. a pe1'lllittad u... Alth01llJh it Is noted that pha1'lllaci.. are allowed. An examination of the C-2 d1str1ct reI;lUlation reveals that a 4ru; stora w1th 4r1ve-thru is an allowed conditional u.e. In connect10n with the Settl...nt A9reell8Dt a Declaration of COVenants and Restrictions ("Declaration") were recorded Don; the public recorda. A copy of this Declaration t. also enclosed. The Declaration rastrict. use of Alhlllllbra Square Morth to the use. set forth in the C-l district. GlvlIn the history or this property and the past 111:19a1:ion and considering the nec...ity to amend the Settl~t AqrcIeDIen1: and th. Oeclaration to 1IlIplemant the proposed'dru; store with drive-thru u.e, 1t i. re.pectfully .uqqe.ted that the most i_ediate and etficient lIIethod.olO9Y 1IlaY ~e to prttsent a r_ls~ 8ett1..en1: Aqr_nt and Declaration to the City COlIlIlIiasion aUowinq the drug s1:ore with drive-thrU use on Alhambra Square Korth tied to the proposed site plan. r would appreciate the opportunity to d1scuss this _tter with you 1II0re tully. I wanted to provide the bacJcqround information to you for your revi.ew befoX'e we have that 4iBcuss10n. a.Bpac1:tully subaitted. fAtraft4~/~1 Rclbart A. Eisen RAE/jb cc: Noman Michael Mitchell Rice SIGNED IN ABSBNCJIm AVom D1l!T.'t.Y1Nv6n.~G Ql,'lta./jb/l0025 . .. June 30, 1997 /' ,}? , 11_ . .~ t2c,f( v c:. , ...k- / t', =---------- fJ/v~, " ~4 rfDJ ~ & ~ U W IE 1lI11 .1M 30. ui-d~ ~;/'-7 kt- 11'Uf~t-1{- ~ tv.. ! tf1..e~ ( 't -P/h _ v07 MEMORANDUM TO: Milan Knor, Director of Developmental Services FROM: James A Cherof, City Attorney ~M Alhambra Square North RE: Attached for your consideration are the following: 1, Corporation; 2. 3, 4, 6/26/97 letter from Robert A Eisen, Esq" attorney for Milnor October, 1989 Stipulation and Settlement Agreement; September 28, 1990 Agreed Court Order; Proposed Site Plan I would appreciate your recommendation to Mr, Eisen's proposal that the Settlement Agreement be amended to allow a drug store with the drive-thru as an allowed use on the property as depicted on the proposed site plan, JAC/ral Enc, ~ " , .-:;...----., ---- '\ d'i i "\; ~ . ":1 ~ ,...;_.. GdLfvLew Tlcurbot-ur Ecftat"~ !I~,_,~::!;t:_ ._- 1477 S.W. 25TH PL. BOYNTON BEACH, FL 33426 July 23, 1997 Tambri Heyden, AICP Planning Director City of Boynton Beach 100 E. Boynton Beach Boulevard Boynton Beach, FL 33425 Re: ARC at Boynton Beach ACLF Project at Congress Avenue & SW 23rd Avenue Dear Ms, Heyden: At our regularly scheduled board meeting on July 21, 1997, Mr. Bradley Miller of Charles Putnam & Associates met with our board and presented the proposed assisted living project at the southeast comer of Congress Avenue and SW 23rd Avenue. The purpose of the meeting was to familiarize our board with the project and to discuss the landscaped buffer along the south property line, It was agreed upon by the board that in lieu of a wall which was a stipulation in the agreement, that a combination benn and landscaping approach is more desirable to buffer the Golfview Harbour Estates community, The type of buffer and landscaping discussed was as follows: an undulating benn approximately 3 to 4 feet in height; a hedge installed at 2 feet on center at a height of 2 feet to be maintained at a minimum of 3 feet; canopy trees (such as live oak, mahogany, etc.) to be installed at a minimum of 1 for every 30 linear feet at varying heights of8 to 14 feet, (In no event to be less than 30 trees) We understand that the landscape buffer is a condition of a stipulation of agreement for the subject property, This letter serves as our approval of the landscape buffer pursuant to the above minimum criteria, Sincerely, I' ~~0~ Audrey Fain President cc: file (A:fC'rolf\'iewICorrcsplButfer.ltr)