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
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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
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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.
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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
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{ql1ho9d/k~+ fi~
%e City of
t.Boynton t.Beacfi
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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,
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ONING OEPI
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'CITY MANAGER'S OFFICE
01/12/1394 03:55
407375501
PAGE 02
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EISEN &: WILLITS
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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,
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'CITY MANAGER'S OFFICE
01/12/1994 03:55
4073756011
PAGE 02
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EISEN" WILLITS
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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
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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,
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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)