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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. ...==-- Robj;!'r / Rennebaum, P.E. jp tr9782 SIMI1vNS & WHITE, IN~. Engineers. Planners. Consultants -;;:,.M I() .0"'-0 ~ 60 VA..I7V,u (12 (/2) BO'lA./TO/V 8LVD, C:;Z) '\j 29,572 ~ 89G ~"\ /88 30, (i :5 c:a ~~ ~7,500 ~ (37j ~ WtJOL8e/GHT eo (4L) ) /770/ if) 28,240 29,256 2732. ~ 85<:0 887 /00 ~7~ 87 26,53.3 ~ 29/472:. 30,23Z <:j'" ~ 3/, /00 47, 500 3/, /00 ~ \) ~~ ~ ~ ~ GOLr- eo. (ZL) ((Pz) 8t:o/G:> 26,//5 /0, zzz "- 'J 3/4- ~3S" Ii) '\ C35Z ~'"\ Z50 37~ Z~9 ~" /0, 90(0 ~~ !!3 / ,tJo 29,3<13 /4. 300 ~~ /4, 300 47, 5~ ~ m .c/Gu.ee / 8"",/& 3/4- 250 9/80 ~ 30C? /99& /9AOr H/5To'€/C/JL Gec:JtA/rH P,eOJcC7/J:55/G/l//YJc/J7 rc:JT/'9L 7,e/l,c"c/G 400,oTEO T#'e.E5HOL.O fiLH/lft?g,e,4 .:59u~JA::!?e AJO/c.'/r:-j 97'-8Z J. g, 5. 7-/G - ~7 4623 Forest Hill Boulevard, Suite 112, West Palm Beach, Florida 33415 Telephone (561) 965-9144 SIMI...~NS & WHITE, Ih~. Engineers. Planners. Consultants ~ cJi.,o -Bo-IIVTOA/, L80C/AJTO.IU 8eACk C3LI/O. Z7:50 ~ C33 ~ /6 284-8 ~ ~ 44Z0 ~ '\l WOOL Be/G,,47 ..e'D. /G4~ Zeo 2e::, Z7Z 1 254 8cJ cJz 8 3/ 7 /908 2737 ZCJ 10 ~ 2830 44-z..0 Z<390 ~ ~ ~ GOL.P ...e.a 801 2tP/5 .95/ ~ '\l 40 ~ ~ 2'3 7'3 2D 20 .20 850 27'24- /0/ / ~ ~ /3.3 0 /830 ~~ZO ~ ~ ~/Gt0'e6 2' 2&/5 ,.oK N/? Te'.4,c,c-'/C 7..9 #/:5roe/C-4L. G.et2WTH G2 PROJECT -4SS/G.-<.//Yl€.A./T 275w rcJT.4~ p"t:: H".e. rR",c;,c,c- '/ c ./ <120 ,,;? K". H,e, .5/-4 A/ LJ.4eD HL#4/YJBR4 5QU4/2E /'-J '(.)/C7;- 97'-ClZ '/8.5. 7-/6 - 97' 4623 Forest Hill Boulevard, Suite 112. West Palm Beach, Florida 33415 Telephone (561) 965-9144 SIMI1...JNS Be WHITE, IN~. Engineers. Planners. Consultants ~ ~ /0(45) GOt..,c .eo. iI1 ~ ~ ~ OO2IJ~ ~ (0) CO) (go) (7) J ~ LU ~ 1(87) :SIre 1 /6 (b:J) t /(S) --1 1(&1-) ~(tPZ) ~) ~ 7 (34) 10(15)+ '1(10) F ~ (~ /0 (/5) t /7'(ZS) ;rUR/t//A./G /?'?6JI/E/>1EA./T J1/CJe-eS/!EcT /5 A,/Yl. ;rue"v/A./G />70ve/'1-?€A/r 'Zz) P/Y1 -rueA..!IAlG /'?'1tJV&/Y16A,.rT -4L#.4/J'18eA 5QU4 erE A..!()leTh 9"/-&2 ../.8. =So '/'-/(0 -97 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,." {} ~A> ; /. I shielded so as not to shine directly into adjacent re~ areas; parking lot lighting shall not be illuminated aft ~ ~ '. \ 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 ~~ '\ ~ . Si \ r 4, ,Nv~lr \Jcf-e~;: lJJ ~ IjJS'(t-, q 7 AudJst~4, 1 lliUUUID AI.Ki 2 5 "4 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. 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