APPLICATION
PROJECT NAME: ALHAMBRA NORTH (W ALGREENS)
LOCATION: NORTHEAST CORNER OF CONGRESS AVE & S.W. 23RD AVE.
(GOLF ROAD)
COMPUTER ID: ALHAMBRA NORTH -- NWSP
FILE NO.: NWSP 97-014 TYPE OF APPLICATION:
NEW SITE PLAN
APPLICANT/CONTACT PERSON: OWNER: NORMAN J. MICHAEL
AGENT: MALEK & ASSOCIATES
PHONE: (561) 272-1800 PHONE: 547-9407
FAX: (561) 272-0008 FAX: 547-9406
ADDRESS: 253 N.E. 2ND AVE. ADDRESS: 1337 N. DIXIE HWY.
DELRA Y BEACH, FL 33444 LAKE WORTH, FL 33460
DATE:
1 ST REVIEW COMMENTS DUE: JUNE 25, 1997
PUBLIC NOTICE:
ADMINISTRATIVE TRC MEETING: JUNE 24, 1997
TRC MEETING: JULY 1, 1997
RESUBMITTAL DATE: JULY 22, 1997
2ND REVIEW COMMENTS DUE:
LAND DEVELOPMENT SIGNS POSTED:
PLANNING & DEV. BOARD MEETING: AUGUST 26, 1997
CITY COMMISSION MEETING: SEPTEMBER 16, 1997
COMMENTS:
S:\FORMS\PROJECT TRACKING INFO
REVISED 4125/97
APPLICATION TRACKING LOG
PROJECT TITLE: ALHAMBRA NORTH (WALGREENS)
FILE #: NWSP 97-014
PROJECT LOCATION: NORTHEAST CORNER OF CONGRESS AVE. AND S.W. 2JRD AVE (GOLF ROAD
TYPE OF APPLICATION:
NEW SITE PLAN
lERZY LEWICKI
PUBLIC NOTICE REQUIRED: (YIN) 0 REVIEWER'S NAME:
AGENT: MALEK el ASSOCIATES
AGENT PHONE: (560272.1800
DATE REC'D: 6/9/97
AMOUNT:
t2 SETS OF PRE-ASSEMBLED PLANS SUBMITTED FOR REVIEW:
2 OF 12 SETS SIGNED AND SEALED 0
SURVEY 0
LANDSCAPE PLAN 0
FLOOR PLAN 0
SITE PLAN WITH SITE DATA 0
APPLICATION/SUBMITTAL: DATE ACCEPTED:
ADDRESS: 253 N.E. 2ND AVENUE.DELRAY BEACH. FL 33444
FAX: (560272-0008
$750.
RECEIPT NO.:
DRAINAGE PLAN 0
ELEVATION VIEW DRAWINGS 0
COLORED ELEVATIONS RECEIVED 0
MATERIAL SAMPLES RECEIVED 0
PHOTOGRAPHS RECEIVED 0
DATE DENIED:
DATE OF LETTER TO APPLICANT IDENTIFYING SUBMISSION DEFICIENCIES:
DATE OF SUBMITTAL ACCEPTANCE LETTER:
INITIAL 1ST REVIEW MEMO: DATE SENT: e,(t 7
MEMO NO. 97-273
RETURN DATE: 6/25/97
1 ST REVIEW COMMENTS RECEIVED
DATE OF LETTER SENT TO SENT TO APPLICANT IDENTIFYING TRC REVIEW COMMENTS:
90 DAY CALENDAR DATE WHEN APPLICATION BECOMES NULL AND VOID:
DATE 12 COMPLETE (ASSEMBLED) SETS OF AMENDED PLANS SUBMITTED FOR 2ND REVIEW:
PRE-ASSEMBLED PLANS SUBMITTED FOR REVIEW:
UTIL.
P.W.
PARKS
FIRE
POLICE
PLANNING
BUILDING
ENGINEER
FORESTER
ECON. DEV.
COORD.
(,J~
AMENDED APPLICATION
2 OFt2 SETS SIGNED AND SEALED
SURVEY
LANDSCAPE PLAN
FLOOR PLAN
SITE PLAN WITH SITE DATA
2ND REVIEW MEMO: DATE SENT: 7 !Of)
o
o
o
o
o
o
MEMO# DATE
or
o
DRAINAGE PLAN 0
ELEVATION VIEW DRAWINGS 0
COLORED ELEVATIONS RECEIVED 0
MATERIAL SAMPLES RECEIVED 0
TRANSPARENCY RECEIVED 0
PHOTOGRAPHS RECEIVED 0
MEMO NO. 91-395 RETURN DATE:
71.10
,
2nd REVIEW COMMENTS RECEIVED
PLA MEMO#
UTIL.
P.W. s-;
PARKS
FIRE 0
POLICE go
PLANNING
BUILDING
ENGINEER
FORESTER
ECON. DEV.
COORD.
"'! (/-'1
MEMO# DATE
"(
o
LAND DEVELOPMENT SIGNS PLACED AT THE PROPERTY. DATE SENT / SIGNS INSTALLED:
DATE:
BOARD MEETING DATE:
BOARD:
CITY COMMISSION: DATE:
DEVELOPMENT ORDER RECEIVED FROM CITY CLERK: 0 DATE:
DEVELOPMENT ORDER SENT TO APPLICANT: 0 DATE:
S:\FORMS\TRACKING LOG FORM
revised 4/25/97
,'-' Lil J 1. H i UN bl:.;AL:h I FLURJ ~::'A
"LANNING & ZONING DEPARTt"P'
SITE PLAN REVIEW APPLICATION
FOR
NEW SITE PLANS & MAJOR MODIFICATIONS TO EXISTING SITE
Application Acceptance Date:
Fee Paid: ?SO.of)
0d~7
f
This application must be filled out completely, accurately and submitted as
an original to the Planning and Zoning Department. Twel ve 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 subm~ttal will not
be processed.
Receipt Number: jff :270J
Please print legibly (in ink) or type all information.
I. GENERAL INFORMATION
1.
Project Name:
ALHAMBRA NORTH
2. Applicant's name (person or business entity in whose name this
application is made) :
MILNOR CORPORATION
Address:
1337 N. DIXIE HIGHWAY
LAKE WORTH, FLORIDA
33460
Phone:
547-9407
Fax:
547_9406(ZiP Code)
3. Agent's Name (person, if any, representing applicant)
MALEK & ASSOCIATES
253 N. E. 2ND AVENUE
Address:
DELRAY BEACH, FLORIDA
33444
Phone:
272-1800
272-0008
Fax:
(Zip Code)
4. Property Owner's (or Trustee's) Name:
NORMAN J. MICHAEL, PRESIDENT
Address:
1337 N. DIXIE HIGHWAY
LAKE WORTH, FLORIDA
33460
Phone:
547-9407
Fax:
547_9406(Zip Code)
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.\S HAREIWPIF ORMS IAPPS\NWSP\SITE PLAN .WPD
- ---_._-~--_._--
blUe ~ldn Review Application
6. What is applicant's interest in the premises affected? (owner, buyer,
lessee, builder, developer, contract purchaser, etc.)
OWNER
7.
Street address or location of site:
NORTHEAST CORNER OF
CONGRESS AVENUE AND S. W. 23RD AVENUE (GOLF ROAD)
8 .
Property Control #:
08 43 45 32 00 000 3022
Legal description of site:
OF S 420 FT OF NW i (LESS
32-45-43, W 510 FT OF N 380 FT
CONGRESS AVE RD R/W)
.
9.
Intended use(s) of site:
C-1
10.
Developer or Builder:
MILNOR CORPORATION
11. Architect:
GREGORY C. MIKLOS
12. Landscape Architect:
13. Site Planner:
MALEK & ASSOCIATES
14. Engineer:
MALEK & ASSOCIATES
15. Surveyor:
O'BRIEN, SUITER & O'BRIEN
16. Traffic Engineer:
17. Has a site plan been previously approved by the City Commission for
this property? NO
18. Estimated construction costs of proposed improvements shown on this
site plan: ~l,OOO,ooo
Planning and Zoning Department - Rev 3/18/97
S:IPLANNINGISHARE DIWPIFORMS\APPSINWSPISITEPLAN 'wPD
,t-d~t:: J
Site Plan Review P "'lication
II. SITE DATA
The following information must be filled out below
applicable, on all copies of the site plan.
1.
2.
3.
and must appear, where
BANK, PHARMACY,
MEDICAL/PROFESSIONAL
Land Use Cate90rv shown in the Comorehensive Plan
Zonin9 District
C-1
Area of Site
3.917
acres
170,
sq. ft.
4. Land Use -- Acreage Breakdown
e.
g.
h.
i.
j .
a.
Residential, including
surrounding lot area
of grounds
% of site
acres
b.
Recreation Areas *
(excluding water area)
% of site
% of site
ItVJ % of site
% of site
% of site
% of site
% of site
acres
c.
Water Area
acres
d.
0. '1/7
Commercial
acres
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
3r cr VI
acres
lc>o
% of site
* including open space suitable for outdoor recreation, and having
a minimum dimension of 50 ft. by 50 ft.
5. Surface Cover
Ground floor building 201 9' !.f> acres
area ("building footprint") .
c. Other impervious areas, including
paved area of public & private
streets, paved area of parking
lots & driveways (excluding
landscaped areas), and
sidewalks, patios, decks,~ ~/r
and athletic courts. " acres
Total impervious area 2--.1.3tS acres
a.
b.
d.
C/. 0/ 9.s- % of site
.
Water area
/5,r?Z
% of site
acres
07;20
75,02..
% of site
% of site
Planning and Zoning Department. Rev, 3/18/97
S;IPLANNINGISHAREDlWPIFORMSIAPPSINWS PISITEPLAN .WPD
l-'cj~L.' '1
Site Plan Review ~ lication
e.
. 0? rPJ';,cres
/7 scf'
Landscaped area
inside of parking lots
(20 sq.ft. per interior
parking space required -
see Sec. 7.5-35(g) of
Landscape Code) .
% of site
f.
Other landscaped areas,
% of site
acres
g.
Other pervious areas, including
golf course, natural areas,
yards, and swales, but excluding
water areas acres
% of site
a.
b.
c.
d.
e.
f.
/7 5 cf"
/00
.
% of site
% of site
Residential sq. ft.
Commercial/Office */ l'~s' sq. ft.
Industrial/Warehouse sq. ft.
Recreational sq. ft.
Public/Institutional sq. ft.
Other (specify)
sq. ft.
g. Other (specify)
h.
sq. ft.
40.LJb5 sq. ft.
,
Total floor area
7. Number of Residential Dwellina Units
a.
b.
c.
(1 )
(2)
(3 )
(4 )
d.
Single-family detached
sq. ft.
Duplex
sq. ft.
Multi-Family
Efficiency
1 Bedroom
2 Bedroom
3+ Bedroom
(3 + attached dwelling units)
dwelling units
dwel.ling units
dwelling units
dwelling units
Total multi-family
dwelling units
e. Total number of dwelling units
8 .
Gross Density
dwelling units per acre
9.
Maximum hei9ht of structures on site
feet
stories
Planning and Zoning Department - Rev. 3/18/97
S.IPLANNINGISHARE DlWPIFORMSIAPPSINWSPISITEPLAN .WPD
Page ~
Site Plan Review' lication
10. Required off-street 9arking
a. Calculation of required
number of off-street
parking spaces
b.
c7h.e/ 5~ fU/J
~O ~~/F
I I
20/ .5~~
,
Planning and Zoning Department - Rev, 3/18/97
S:IPLANNINGISHAREDlWPIFORMSIAPPSINWSPISITEPLANWPD
Off-street parking spaces
provided on site plan
76,=1
5"' p /0 C':S'
I
.
~'d'cJe U
Site Plan Review r 'lication
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
signed according to the instructions below.
tbhh
Date 7
Signature of Own r(s) or Trustee, of
Authorized Prin i if property is owned by
a corporation or other business entity.
.
IV.
AOT'O~
. f_u__ ~~
Sig r of Authorlzed Agent
6/? /:17
Date
(I) (We) hereby designate the above signed person as (my) (our)
authorized agent in regard to this application.
Signature of Owner(s) or Trustee,
or Authorized Principal if property is owned
by a corporation or other business entity.
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. IPLANNINGISHAflEDlWPIFORMSIAPPSINWSPIS ITEPLAN WPD
.I:'J.~e /
Site Plan Review 7
lication
RIDER TO SITE PLAN APPLICATION
The undersigned as applicant for Final Site Plan Approvaf 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, ACKNOWLEDGED AND
AGREEDd'S/his
1 9--r-"'-
~.
,
day of
~u
-
/
Applic
t
~
+~
.----
--_.~-_.--
Planning and Zoning Department - Rev, 3/18/97
S:IPLANNINGISHAREDIWPIFORMSIAPPSINWSPISITE PLAN. WPD
SIMM\JNS & WHITE, INC.
Engineers. Planners. Consultants
July 16, 1997
Job No. 97-82
TRAFFIC IMPACT STATEMENT
Alhambra Square North
Boynton Beach, Florida
SITE DATA
The subject parcel is located in the northeast quadrant of Congress
Avenue and Golf Road and contains approximately 3.9 acres. The site
is previously approved for a 46,000 S. F. professional office
facili ty. Proposed site development consists of a 13,905 S. F .
retail facility and a 26,160 S.F. medical office with an
anticipated build-out of 1999. Site access is proposed via a right
in/right out driveway connection to Congress Avenue and a full
access driveway connection to Golf Road. For additional
information concerning site location and layout, please refer to
the site plan prepared by Malek and Associates, Inc.
PURPOSE OF STUDY
This study will analyze the proposed development's impact on the
surrounding thoroughfares within the proj ect' s radius of
development influence in accordance with the Palm Beach County Land
Development Code Article 15, Traffic Performance Standards.
The Traffic Performance Standards require that a proposed
development meet two "tests" with regard to traffic. Test 1, or
the Link/Buildout Test, requires that no site specific development
order be issued which would, during the build-out period of the
project, add project traffic at any point on any major thoroughfare
link within the project's radius of development influence if the
total traffic on that link would result in an average annual daily
traffic or peak hour traffic volume that exceeds the adopted
threshold level of service during the build-out period of the
project.
Test 2, or the Model Test, requires that no site specific
development order be issued which would add project traffic to any
link within the project's model radius of development influence if
the total model traffic on that link would result in an average
annual daily traffic volume, as determined by the model, that
exceeds the adopted level of service. For the purposes of this
analysis, the construction contemplated in the Modified 2010 Plan
shall be used.
This study will verify that the proposed development's traffic
impact will meet the above Performance Standards.
4623 Forest Hill Boulevard, Suite 112, West Palm Beach, Florida 33415
Telephone (561) 965-9144
Traffic Impact Statement
Job No. 97-82
July 16, 1997 - Page Two
TRAFFIC GENERATION
The traffic to be generated by the proposed facility may be
calculated in accordance with the rates provided in Table 10.8-1
Fair Share Road Impact Fee Schedule and local rates accepted by
Palm Beach County Engineering Traffic Division:
2059 - 2059 (.4479)
1137 tpd
MEDICAL OFFICE (26.160 S.F.)
26,160 S.F. x 34.17 tod
1000 S.F.
RETAIL (13.905 S.F. )
Ln (T) =
T =
X =
Ln (T) =
T =
Pass-By% =
=
=
Net T =
=
0.625 Ln (X) + 5.985
Total Daily Trips
Area in 1000 Gross Square Feet
0.625 Ln (13.905) + 5.985
2059 tpd
45.1 - .0225 (X)
45.1 - .0225 (13.905)
44.79%
=
894 tpd
TOTAL
2031 tpd
=
As stated in the SITE DATA portion of this report, 46,000 S.F. of
professional office has been previously approved for this site.
The vested traffic associated with the previous approval may be
calculated as follows:
PROFESSIONAL OFFICE (46.000 S.F. )
Ln (T) = 0.756 Ln (X) + 3.765
T = Total Daily Trips
X = Area in 1000 Gross Square Feet
Ln (T) = 0.756 Ln (46.000) + 3.765
T = 780 tpd
Traffic Impact Statement
Job No. 97-82
July 16, 1997 - Page Three
TRAFFIC GENERATION (CONTINUED)
Reducing the 2031 net trips per day by 780 tpd vested to the site
by the previously approved professional office, the total increase
in trips due to this development is 1251 tpd as follows:
2031 tpd
780 tpd
=
1251 tpd
RADIUS OF DEVELOPMENT INFLUENCE
Based on Table 2A and 2B of the Palm Beach County Traffic
Performance Standards, for a net trip generation of 1251 trips, the
radius of development influence shall be two miles for Test 1 and
one mile for Test 2.
EXISTING TRAFFIC
Existing average annual daily traffic volumes for the links within
the radius of development influence were available from the
Metropolitan Planning Organization of Palm Beach County 1996 Annual
Traffic volume Map.
Background traffic, consisting of historical growth allowances
furnished by Palm Beach County, major project traffic, and
anticipated development in the area was also considered. The
following table calculates the 3-year historical growth rate for
each of the applicable count stations within the project's radius
of development influence:
TABLE 1
HISTORICAL GROWTH RATE CALCULATION
LINK
1993
1996
!
A: CONGRESS AVE.
1-
2.
3.
North of Woolbright Road
South of Woolbright Road
South of 23rd Avenue
33005
30507
31030
29572
28240
28115
-3.6% (usel%)
-2.5% (use 1%)
-3.2% (use 1%)
B: WOOLBRIGHT ROAD
1- West of Congress Avenue
2. East of Congress Avenue
C: 23RD AVENUE
1- West of Congress Avenue
2. East of congress Avenue
15327
28878
17701
29258
4.9%
0.4% (use 1%)
8305
9805
8616
10222
1.2%
1.4%
Traffic Impact Statement
Job No. 97-82
July 16, 1997 - Page Four
EXISTING TRAFFIC (CONTINUED)
The project is expected to be built-out in 1999 and background
traffic was projected to that time. Please refer to Figure 1.
Based upon the existing and proposed geometry of the roadway
network, a review of the existing and historical travel patterns,
as well as a review of the proposed development and improvements in
the area, the following traffic distribution was assumed for trips
generated by the project:
North 28%
East 22%
South 28%
West 22%
The distributed traffic for the project at full build-out of the
development was assigned to the links within the project's radius
of development influence and can be seen in Figure 1.
The 1996 average daily traffic volumes, the proposed project
traffic, background traffic, and the total traffic are also shown
in Figure 1.
Based on the projected total daily traffic volumes and threshold
volumes for the links within the project's radius of development
influence as shown in Figure 1, this project meets the applicable
Average Daily Traffic Volume Link Performance Standards listed
under "Test One" of the Palm Beach County Traffic Performance
Standards on all links within the project's radius of development.
PEAK HOUR TRAFFIC VOLUMES
The external P.M. peak hour traffic volumes to be generated by the
proposed facility may be calculated as follows:
USE NET P.M. P.M.
EXTERNAL P.H.F. PEAK HOUR
DAILY TRIPS TRIPS
RETAIL 1137 9.0% 102 pht
MEDICAL OFFICE 894 11.94% 107 pht
LESS PROFESSIONAL
OFFICE (VESTING) (780) 13.83% (108)pht
TOTAL: 101 pht
Traffic Impact Statement
Job No. 97-82
July 16, 1997 - Page Five
PEAK HOUR TRAFFIC VOLUMES (CONTINUED)
The existing average peak hour traffic has been determined by
factoring the 1996 average annual daily traffic by a "K" factor of
9.3% and can be seen in Figure 2. The project's net external P.M.
peak hour traffic volumes, the peak hour background traffic, and
the total peak hour traffic volumes are also shown in Figure 2.
Based on the Level of Service "D" Average Peak Hour Threshold
Volumes shown in Table 1A of the Palm Beach County Traffic
Performance Standards and the total peak hour volumes shown in
Figure 2, this proj ect meets the applicable Peak Hour Traffic
Volume Link Performance Standards listed under "Test One" of the
Palm Beach County Traffic Performance Standards on all links within
the project's radius of development influence.
SITE RELATED IMPROVEMENTS
The A.M. and P.M. peak hour turning movement volumes and
directional distributions at the project entrance for the proposed
development with no reduction for pass-by traffic may be calculated
as follows:
Traffic Impact Statement
Job No. 97-82
July 16, 1997 - Page Six
SITE RELATED IMPROVEMENTS (CONTINUED)
Based on the peak hour turning movement worksheet attached with
this report and the Palm Beach County Engineering guidelines used
in determining the need for turn lanes of 75 right turns and 30
left turns in the peak hour, a left turn lane eastbound on Golf
Road appears to be required; however, the existing geometry on Golf
Road may not allow construction of said lane. Separate left and
right turn lanes exiting the project at Golf Road appear required.
A single lane exiting the project at Congress Avenue appears
adequate.
MODEL TEST
Modified Table 5, Projected Network Deficiencies for the future
network, does not presently indicate that the applicable links
within the project's model radius of development influence will be
over capacity. Therefore, this project meets the Model Test.
CONCLUSION
This proposed development is expected to generate a total of 1251
trips per day at project build-out in 1999. Based on an analysis
of existing and project traffic characteristics and distribution,
as well as the existing and future roadway network geometry and
traffic volumes, this overall project meets the Link/Buildout Test
and the Model Test as required by the Palm Beach County Traffic
Performance Standards.
...==--
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SIMI1vNS & WHITE, IN~.
Engineers. Planners. Consultants
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Telephone (561) 965-9144
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4623 Forest Hill Boulevard, Suite 112. West Palm Beach, Florida 33415
Telephone (561) 965-9144
SIMI1...JNS Be WHITE, IN~.
Engineers. Planners. Consultants
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4623 Forest Hill Boulevard, Suite 112, West Palm Beach, Florida 33415
Telephone (561) 965-9144
adjacent residentia1-'roperty and the existing ~ffer 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 sh,
fo,."
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shielded so as not to shine directly into adjacent re~
areas; parking lot lighting shall not be illuminated aft
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P.M.; parking lot lighting poles shall be at the minimul
, '
I
permitted or allowable by BOYNTON BEACH;
(5) Use of the property shall be limited
Adult Congregate Living Facility;
(6) A combination of landscaping and wal
"Wall") shall be constructed on the south property
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 governing 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
meeting, the ci tv Commission of BOYNTON BJi''\CH conside):"ed the
terms and condl. ~ions of this stipulatl.vn 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-1 (Office
Professional)
Alhambra square South
and Alhambra Square ACLF
MUlti-Family
Residential
R-J (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
I
wall shall be coordinated with the governing association of the
4
Makk g ,(/~, JM.
Consulting Engineers, Land Planners
Tel. ~ 272-1800
Fax (~ 272-0008
( 56/)
.
253 N,E, 2nd Avenue
Delray Beach, FL 33444
June/6th /1997
City of Boynton Beach
Planning and Zoning Dept.
100 E. Boynton Beach Blvd.
Boynton Beach, F133425-0310
Re : Paving & Drainage of The proposed Alhambra North project
at the NE 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 Surface Water Management
Agency having jurisdiction.
Mailing Address: P,O, Box 2212' Delray Beach, FL 33447-2212
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PLANNING AW
9~7 ZONING DE .
Commissioner Shirley Jaskiewicz
City Hall, 100 E, Boynton Beach Blvd,
Boynton Beach, FL 33426
Recently, the owner of the property at the northeast comer of Congress and Golf Road (23" St.)
suggested the city agree to seek to modify the existing court order and allow a retail drugstore
(Walgreen's) at that site,
With the single exception of where the Woolbright business corridor intersects Congress, the Boynton
Beach part of Congress Avenue is an attractive green way with good landscaping and tall trees, from the
city tennis courts at SW 30'" Ave all the way to the shopping centers at Boynton Beach Boulevard, It
would be a mistake for the city to damage that by inserting a retail store in its midst,
The community of Silverlake, which is across the intersection from the vacant land, believes it is
inappropriate to add a busy retail outlet in this location,
- It would insert a disruptive retail activity, with early moming and late night operating hours, into
a residential neighborhood of well-maintained homes which are now augmented by well-
landscaped and attractive low-rise office and medical buildings,
- It would add even more traffic to the busy Congress Avenue corridor, with an accompanying
impact on congestion, safety and security,
- A retail store in this residential area would significantly hinder the property values of the homes
in the area, particularly those adjacent to Congress Avenue and to Golf Road,
- There already exist sufficient available and properly-zoned sites in which a new drugstore
could be located,.
- This area is not underserved by drugstores. There is a drugstore at the comer of Boynton
Beach Boulevard and Congress, another at Woolbright and Military Trail, and Humana HMO
patients receive their prescriptions at the Humana clinic near Congress and Woolbright. For the
Walgreen's to be successful it will have to draw its customers from more than just the
Leisureville residents-see my comments about traffic above.
Please note that we do not want to prejudge whether the city needs another Walgreen's, That is a
business judgement that the company must make, However, we do not feel it is in the city's-or the
neighborhood's-best interests to plunk a Walgreen's down in the middle of this attractive, largely
residential, part of the city,
There are many existing properly-zoned sites in the city which could support a Walgreen's. Changing the
court agreement to put one in this residential area is a bad idea,
Regards,
~tJ
Vice President, Estates of Silverlake Homeowners' Association
cc: Mayor Taylor, ea Commissioner
2306 Crllnbrook Drive. Boynton Beach, Florida 33436 . (561) 737-8259
DECLARATION OF COVENANTS AND RESTRICTIONS
FOR ALHAMBRA SOUARE
KNOW ALL MEN BY THESE PRESENTS, that the undersigned Owners
of the property described in the attached Exhibit nA" (the
"Lands" ) on this 1!J day of r1/al! 1991, for
I
themselves, their successors and assigns, hereby declare that the
Lands described herein are and shall be held, transferred, sold,
conveyed and occupied subject to the covenants, restrictions and
limitations hereinafter set forth.
ARTICLE I
RECITALS
Section 1.
The undersigned Owners have entered into a
Stipulation and Settlement Agreement with the City of Boynton
Beach, Florida for an amendment to the future land use element of
the city's Comprehensive Plan and/or rezoning of the Lands as
follows:
FUTURE LAND
USE ELEMENT
ZONING
Alhambra Square North:
Office Commercial
C-1 (office
professional)
Alhambra Sauare South:
and
Alhambra Sauare ACLF:
MUlti-Family
Residential
R-3 (mUlti-
family) ACLF
with no less
than 248
apartments
Section 2.
As a condition of said Stipulation and
Settlement Agreement, the undersigned agree to impose certain
developmental limitations upon the use of the Lands.
Section 3.
It is the express intent of the undersigned
to perpetually restrict (except to the extent permitted pursuant
to the provisions of Article VIII hereinafter set forth) the use
of the Lands for the benefit of the City of Boynton Beach and for
persons of record owning adjacent real property to the Lands (the
"Property Owners"), and for no other persons, in accordance with
the restrictions and limitations set forth herein. The
"governing associations," of adjacent real property are as
follows: Boynton Beach Leisureville Community Association, Inc.,
as to the Alhambra Square North parcel, and Go1fview Harbour
1
LAW OFFICES ROBERT A. EISEN. 4700 NORTHWEST BOCA RATON BOULEVARD, SUITE 103, BOCA RATON, FLORIDA 33431
BOCA RATON (407) 994-2090 . WEST PALM BEACH (407) 738 -0386 . sROWARD (305) 760-9088
Estates Homeowners Association,
Inc.
and Golfview Harbour
Estates, Inc., as to the Alhambra Square South and Alhambra
Square ACLF parcels.
ARTICLE II
LEGAL DESCRIPTION
The lands which are and shall be held, transferred, sold,
conveyed and occupied subject to this Declaration are situate in
Palm Beach County, Florida, within the city limits of the City of
Boynton Beach and are described in Exhibit "A" attached hereto
and made a part hereof.
ARTICLE III
DEVELOPMENTAL LIMITATIONS
A. The structure or structures to be built on the
,
Lands shall conform with the following requirements:
1. Alhambra Square North:
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
apply to Alhambra Square North:
(1) No building shall exceed two stories in
height;
(2) All dumpsters shall be located away from
adjacent residential areas;
(3) There shall be constructed a six foot zoning
boundary wall between Alhambra Square North and adjacent
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
cost to the governing association.
Said approval shall be
governed by the provisions of Paragraph C. (7) hereinafter set
forth;
2
LAW OFFICES ROBERT A. EISEN. 4700 NORTHWEST aOCA RATON BOULEVARD, SUITE 103. BOCA RATON, FLORIDA 33431
BOCA RATON (407) 994-2090. WEST PALM BEACH (407) 738-0388. BROWARD (305) 760-9088
(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;
(3) 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.
(8) 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
LAW OF"F"ICES ROBERT A. EISEN. 4700 NORTHWEST BOCA RATON BOULEVARD, SUITE 103. BOCA RATON, FLORIDA 3343.
AOCA RATON (407) 994-2090. WEST PALM BEACH (407) 73'3-0388' BROWARO (305) 760-9088
(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/PROHIBITED; LIMITATIONS ON USE
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 MUlti-Family
and Alhambra Square ACLF Residential
R-3 (Multi-Family)
ACLF with no less
than 248 apartments
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:
AIJiAMBRA SQUARE NORTH
MILNOR CORPORATION, a
Florida corporation
~:~$.l ~!l10
an Michael, President
~'!ttttftA~
AIJiAMBRA SQUARE SOUTH and
ALHAMBRA SQUARE ACLF
No2~
<........
4
LAW Of'"FICES ROBERT A. EISEN. 4700 NORTHWEST BOCA RATON BOULEVARD, SUITE 103. BOCA RATON, F"LORIOA 33431
BOCA RATON (407) 994'2090. WEST PALM BEACH (407) 738-0388. BROWARD (30S) 760-9088
~,<!;;1t~~~
5/! //
.Z~Mh'
STATE OF FLORIDA )
) ss:
COUNTY OF PALM BEACH )
I HEREBY CERTIFY that on this day, before me, an officer
duly authorized in the State and County aforesaid, to take
acknowledgements, personally appeared NORMAN J. MICHAEL,
President of Milnor Corporation, a Florida corporation, and
NORMAN J. MICHAEL, individually, well known to me to be the
person described in and who executed the foregoing instrument,
and he acknowledged before me that he executed the same in the
presence of two subscribing witnesses freely and voluntarily.
WITNESS my hand al'\d official seal in the County and State
last aforesaid, this ~ day of ('It)CLv\ , 1991.
I
~~P;U~! L [~<bt!~
My commission expires: NOTARY PUBLIC STATE OF199~
MV COMMISSION EXP. OCT. 7.
BONDED THRU GENERAL INS. UNO.
STATE OF FLORIDA )
)ss:
COUNTY OF PALM BEACH )
I HEREBY CERTIFY that on this day, before me, an officer
duly authorized in the State and County aforesaid, to take
acknowledgements, personally appeared ELISHKA E. MICHAEL well
known to me to be the person described in and who executed the
foregoing instrument, and she acknowledged befo:'::"e me that she
executed the same in the presence of two subscribing witnesses
freely and VOluntarily.
WITNESS my hand and official seal in the County and State
last aforesaid, this ~~ day of ~ ~ ' 1991.
~cIJ't~ L .No1d)~
NOTARY PUBLIC
My commission expires:
~I" P~IC STATE OF FLORIOA
. 'lssldN rxp. OCT. 1.1994
~ # .8 fU~U afNr.RAL INS. UND. .
D: CONDOOO. jh
5
LAW OFFICES ROBERT A. EISEN. 4700 NORTHWEST BOCA RATON BOULEVARD, SUITE 103. BOCA RATON, FLORIDA 33431
BOCA RATON (407) 994-2090. WEST PALM BEACH (407) 738-0388 . BROWARQ (305) 760-90e8
EXHIBIT "A"
ALHAMBRA SQUARE NORTH
A parcel of land in section 32, Township 45, South, Range 43
East, ci ty of Boynton Beach, Florida, Palm Beach County, more
particularly described as follows:
The East 460 feet of the West 510 feet of the North 380 feet of
the South 420 feet of the Northwest 1/4 of section 32, Township
45 South, Range 43 East, City of Boynton Beach, County of Palm
Beach, Florida, less and except lands described in Official
Records Book 5402, Page 670.
AIHAMBRA SQUARE SOUTH/ALHAMBRA SQUARE ACLF
Tract 4, Golf View Harbour 3rd Section, City of Boynton Beach,
Florida, according to plat thereof recorded in Plat Book 30,
pages 119 and 120, Public Records of Palm Beach County, Florida.
Less and not inclUding:
Commence at the Southeast corner of Tract 4, as shown on the plat
entitled Golf View Harbour 3rd Section, City of Boynton Beach,
Florida, according to the plat thereof recorded in Plat Book 30
on gage 119, Public Records of Palm Beach County, Florida; thence
N.2 21'36"W., along the east line of said Tract 4, a distance of
104.29 feet to the Point Beginning of the right of way to be
herein described; thence continue Northerly, along the same
course, a distance of 92.69 feet to a point of tangency of g
curve concave to the Northwest having a central angle of 88
15'44" and a radius of 15 feet; thence Southerly and Westerly
along the arc of said curve, a distance of 23.11 feet to a point
of reverse curvature; thence Westerly, Southerly and Easterly,
along the arc of a curve concave to the East having a central
angle of 197043'52" and a radius of 40 feet, a distance of 138.04
feet to the Point of Beginning aforedescribed.
And less and not including:
A parcel of land lying in Tract 4 of the Plat of Golf View
Harbour 3rd Section, ci ty of Delray Beach, Palm Beach County,
Florida, as said plat is recorded in Plat Book 30 at pages 119
and 120 of the Public Records of Palm Beach County, Florida, said
parcel being more particularly described as follows:
Begin at the Southeast corner of said Tract 4; thence N. 20
21'36"W., on a plat bearing, along the East line of said Tract 4,
a distance of 104.29 feet to an intersection with a curve concave
to the North, said curve being a cul-de-sac as recorded in
Official Record Book 2584, at pages 479 and 480 of the Public
Records of Palm Beach couldty, Florida, a radial line from said
intersection bearing N.21 49'44"W.; thence Westerly along the
right of way of said cul-de-sac and along sgid curve, having a
radius of 40.00 feet, a central angle of 29 03'12", and an arc
length of 20.28 feet to an intersection with a line being 20.00
feet West of, as measured at right angles, and parallel with the
said East line of Tract 4; thence S.2021'36"E., along said
parallel line, a distance of 102.56 feet to an intersection with
the South line of said Tract 4; thence N.87038'24"E., along said
South line, a distance of 20.00 feet to the said Southeast corner
of Tract 4 and the Point of Beginning.
D:condoOO.jh
6
LAW OFF"lCES ROBERT A. EISEN. 4700 NORTHWEST BOCA RATON BOULEVARD, SUITE 103. BOCA RATON, FLORIDA 3343'
BOCA RATON (407) 994-2090. WEST PALM BEACH (407) 738-0386 . BROWARD (30S) 760-9088
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