AGENDA DOCUMENTS
,
7A2
ALHAMBRA SQUARE NORTH
REZONING
PLANNING DEPT. MEMORANDUM NO. 90-075
TO:
Chairman & Members
Planning & Zoning Board
Timothy P. Cannon TC
Interim Planning Director
THRU:
FROM: James J. Golden
Senior City Planner
DATE: March 26, 1990
SUBJECT: Alhambra Square North - Rezoning Request
Robert A. Eisen, Esquire, agent for the Milnor Corporation,
property owner, is requesting that a 4.01 acre parcel be rezoned
from R-1AA(PUD) to C-l (Office/Professional). The parcel is
located at the northeast corner of South Congress Avenue and Golf
Road (S.W. 23rd Avenue) and has a 380 foot frontage on Congress
Avenue and a 460 foot frontage on Golf Road. The current land
use category for this parcel, as shown on the Future Land Use
Element of the Comprehensive Plan, is "Office Commercial". This
land use category was approved by the City commission in
connection with a Stipulation and Settlement Agreement for Milnor
Corporation vs. the City of Boynton Beach, prior to the adoption
of the Comprehensive Plan (Ordinance 89-38) on November 7, 1989
(see attached). The application for rezoning to C-l has been
submitted in accordance with the requirements of the Stipulation
and Settlement Agreement. A two story office building is
proposed for this site.
Pursuant to Section 9.c.2(2) of Appendix A-Zoning, staff analysis
of the proposed zoning is not necessary where the proposed zoning
would be consistent with the land use recommendations contained
in the City of Boynton Beach Comprehensive Plan.
~?d-
J ES 11. GOLDEN
JJG:frb
A:PM90-075
Clubhouse along the SAL ~racks should be placed in the public and
Private Governmental/Institutional land use category and Public
Usage zoning dlstrict to reflect its current use. The land use
~ftd-~eft~"~-e"-~he-~em~~ftde~-e~-baKe-Bey"~eft-ES~a~es-a"a-~he
~ft~ia~~ea-eM~~a~eeis,-~h~eh-~s-~he-sMb;ee~-e~-~he-i~wsM~~,-she~ia
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~~~ed-ft~~~ve-ha~~~a~-s~~es-ehe~id-"e~-be-a~~i~ed,-as-ie~~-as-~he
ee~~~-e~de~ed-s~~~Mi~~~e"-~e~a~a~"~-~he-~e"~"g-e~-~h~s-~~e~e~~y
~ema~"s-~"-e~~ee~7
The land use zoning, and use and/or development en the remainder
of Lak! Boynton Estates and the unplatted outparcels is ~he
subject of litigation described in Appendix "D" to the Future
Land use Element Support Documents, and is to be governed by the
court-ordered settlement stipulations which are or may be in
effect for this area. The use and development of this property
shall be construed to be governed by the Comprehensive Plan in
effect on November 6, 1986 (i.e., the 1986 Evaluation and
APpraisal Report), Code of Ordinance requirements, and other
development regulations which were in effect at that partlcular
date, except to the extent that the comprehensive Plan, Code of
ordinance requirements, and development regulations are
specifically superceeded by the settlement stipulations.
Therefore, the public parks dedication, private recreation
facilities, natural area preserves, road improvements, utilities,
and other public facilities \-Ihich al'e required shall be those
which are specified ln the settlement stipu13tions, and the
impact fees which are to be collected will be equivalent to the
fees WhlCh were in effect at the time that the settlement
stiFulations went into effect. A history of the litigation
involving this property is included as Attachement "D" to the
Future Land Use Element Suppert Docunents.
g property on Northeast Corner of Golf Road and Conoress Ave.
This parcel occupies apprOXimately 4 acres and ~s-~~ese"t:iy was
formerly shown in the Moderate Density Residential land use
category and R-IAA (PUD) zoning district, which is the same as
the adjacent single-f~mily portion of Boynton Beach Leisureville.
~fi~s-~~e~e~~y-~s-a~~~aBiy-eeRs~st:eRt:-w~t:fi-~ei~e~es-~er-t:fie
ieeat=eR-e~-eeffiffiere~ai-er-fl~~fi-aeRs~tY-res~aeRt:~ai-~se,-fiewever,
ieeat~R~-eeffiffie~e~ai-Mses-at:-~h~s-eerRe=-weMia-se~-a-~reeeaeR~-~e=
eeffiffiere=ai-=eR~R~-e~-~fle-reffia~R~R~-tftree-MRaeYeie~ea-ee~Re~s,
eeffiffiere~a~-aeYe~e~ffieRt:-ef-tfi~9-~"t:ersee~~eR-we~ia-alse
S~BstaRE=aii7-~fiaRge-~fie-res=aeRt~a~-eRaraeEer-ef-~Re
Re~gRBerReed,-aRa-ee~la-ereaEe-~Raeeep~aBie-ieve~s-ef-traff~e,
iR-eraer-t:e-~ret:eet:-the-res~aeBE~ai-eRa~aeter-ef-t:fie-a~ea7-t:he
MeaeraEe-Be~s=t:Y-Res~aeRt:~ai-iaRa-~se-ea~egerY-~Re~id-eeRtiR~e,
T11i=: p~~Q];S'r;:v i.::: S110Hl1 in the Cffice CommercIal 12.ncl :..:.se
cateaorv on the Fut~re L3nd Use Map, in accorddnce with the
Settlement 3nd Stipulation Aoreement between Milnor Corporarion
i\nd the CitY (see ~ndiz "[,n to the Future Land 'Jse Slement
support Documents). This aareement specifies that the propertv
is to be developed for offices. and includes specific conditions
for the 1.lse and de'lelopment af the prapert? The land use,
zoninG, and the use and development of this cropertv shall be 'n
accor~ance wlth the above-mentioned Settlement and stiDulatlen
:.\c:r?ement. 92
IN THE CIRCUIT COURT OF THE
15TH JUDICIAL CIRCUIT IN AND
FOR PALM BEACH COUNTY, FLORIDA
CIVIL DIVISION
CASE NO: CL 89-6178-AN
MILNOR CORPORATION, a Florida
corporation; NORMAN J. MICHAEL
and ELISHKA E. MICHAEL, his wife,
Plaintiff,
vs.
THE CITY OF BOYNTON BEACH, a Florida
Municipal corporation,
Defendant.
/
STIPULATION AND SETTLEMENT AGREEMENT
MILNOR CORPORATION, a Florida corporation ("MILNOR"), NORMAN
J. MICHAEL and ELISHKA E. MICHAEL, his wife ("MICHAEL"); and the
CITY OF BOYNTON BEACH, a Florida Municipal Corporation ("BOYNTON
BEACH"), by and through their undersigned attorneys hereby
stipulate and agree as follows:
1. MILNOR owns that certain parcel of real property located
within the municipal limits of BOYNTON BEACH and being a site of
approximately 4.01 acres situated at the northeast intersection
of congress Avenue and Golf Road (Southwest 23rd Avenue), which
real property is more particularly described in the Exhibit "A"
attached hereto and made a part hereof, and which real property
shall hereinafter be referred to as "Alhambra Square North."
2. MICHAEL owns that certain parcel of real property
located within the municipal limits of BOYNTON BEACH and being a
site of approximately 9.45 acres situated at the southeast
intersection of Congress Avenue and Golf Road (Southwest 23rd
Avenue). This real property shall be referred to as two parcels,
the first parcel being an approximate 4.45 acre parcel situated
closest to the intersection of Congress Avenue and Golf Road
(Southwest 23rd Avenue), and more particularly described in the
1
W"IT]TI
: /1])_ lJ :~.
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Exhibit "B" attached hereto and made a part hereof, and which
real property shall hereinafter be referred to as "Alhambra
Square South." The second parcel, being immediately adjacent to
.:;.,.,.\{,.
and east of Alhambra Square ~h and consisting of approximately
5.0 acres, and more particularly described in the Exhibit "C"
attached hereto and made a part hereof, and which real property
shall hereinafter be referred to as the "Alhambra Square ACLF."
3. The Alhambra Square North, Alhambra Square South, and
the Alhambra Square ACLF parcels of real property shall
hereinafter be sometimes collectively referred to as the
"Alhambra Parcels."
4. The Alhambra Parcels are presently subject to the
following Comprehensive Plan and Zoning designations by BOYNTON
BEACH:
Parcels
Future Land
Use Element
Zoninq
Alhambra Square North
Moderate density
residential
R-1AA(PUD)
Alhambra Square South
Low density
residential
R-1AA (single
family residential)
Alhambra Square ACLF
Low density
residential
R-1AA (single
family residential)
5. On or about September 30, 1988, MILNOR for the Alhambra
North and MICHAEL for the Alhambra South and Alhambra ACLF
parcels submitted applications (the "Applications") to BOYNTON
BEACH for amendments to the future land use element of the
Comprehensive Plan, and for rezoning of the Alhambra Parcels, as
follows:
Future Land Intended
Parcels Element Request Rezoninq Request Use
Alhambra Square Office Commercial C-l (Office Office/
North Professional) Medical
Alhambra Square Office Commercial C-1 (Office Office/
South Professional) Medical/
Banking
Alhambra Square MUlti-family R-3 (Multi- Adult
ACLF residential family) Congregate
Living
Facility
2
6. The Applications were considered by the Planning and
Zoning Board of BOYNTON BEACH at a duly constituted and duly
noticed public hearing on December l5, 1988, at which time the
Planning and Zoning Board recommended denial of the Applications
to the city commission.
7. On January 4, 1989, at a duly constituted and a duly
noticed Special Meeting of the City Commission of BOYNTON BEACH,
the city commission of BOYNTON BEACH heard and consider.ed the
Applications and by motion declined to submit the Applications
for review by the state of Florida Department of community
Affairs and the Treasure Coast Regional Planning Agency.
8. On or about June 20, 1989, MILNOR and MICHAEL filed the
instant action seeking to invalidate the current Comprehensive
Plan designations and zoning classifications of the Alhambra
Parcels, seeking to require BOYNTON BEACH to grant the
Applications and seeking damages.
9. On September 14, 1989, Robert A. Eisen, Esquire,
attorney for MILNOR and MICHAEL, delivered to Raymond Rea,
Esquire, city Attorney for BOYNTON BEACH, a letter offering a
settlement of the instant action wherein BOYNTON BEACH would
grant the Comprehensive Plan designations and zoning
classifications requested in the Applications and MICHAEL and
MILNOR would release BOYNTON BEACH from any and all claims for
damage. At its regular meeting of september 19, 1989, the City
Commission considered the request for settlement, and by a vote,
three votes in favor, two opposed, directed the city Attorney,
Raymond Rea, to negotiate the terms of a Stipulation and
settlement Agreement with the representatives of MILNOR and
MICHAEL and present that Stipulation and Settlement Agreement for
approval by the City commission at its meeting of October 3,
1989. The City Attorney was further directed to give public
notice of the consideration of the Stipulation and Settlement
Agreement and that the consideration of the stipulation and
Settlement Agreement should be a public hearing so that input
from the public could be taken and considered by the city
3
commission.
On October 3, 1989, the City Commission heard and
considered public input and postponed consideration of this
stipulation and Settlement Agreement until its regular meeting of
October 17, 1989.
since that time, MILNOR and MICHAEL have
modified their requested land use changes to those set forth in
paragraph 11, below.
10. On October 17, 1989, at its regular city commission
meeting, the ci ty commission of BOYNTON BEACH considered the
terms and conditions of this stipulation 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-3 (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
wall shall be coordinated with the governing association of the
4
adjacent residential property and the existing buffer 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 4jl2;
(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 shaded and
shielded so as not to shine directly into adjacent residential
areas; parking lot lighting shall not be illuminated after 11:00
P.M.; parking lot lighting poles shall be at the minimum height
permitted or allowable by BOYNTON BEACH;
(5) Use of the property shall be limited to an
Adult Congregate Living Facility;
(6) A combination of landscaping and wall (the
"Wall") 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.
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
landscaping shall be constructed or installed in the Lake Worth
5
Drainage District right-of-way south of the Alhambra square South
and Alhambra Square ACLF Parcels; and
(9) Deceleration entry lanes shall be provided at
each entrance if deemed necessary by BOYNTON BEACH.
The foregoing developmental limitations shall be set forth in a
Declaration of Covenants and Restrictions (the "Declaration"),
which shall provide that they cannot be modified without the
consent of BOYNTON BEACH, and the Declaration shall be recorded
among the public records of Palm Beach County, Florida, shall run
with the land, and shall be binding upon the successors and
assigns of MILNOR and MICHAEL. The Declaration shall be prepared
and distributed to the governing associations by November 1,
1989. A recordable Declaration signed by MILNOR and MICHAEL
shall be delivered to the City Attorney prior to the first public
hearing on the rezoning and Comprehensive Plan amendments
described in paragraphs 12 and 13, below. The Declaration shall
be recorded by the City Attorney where all actions necessary to
effectuate this Stipulation and Settlement Agreement have been
duly enacted by BOYNTON BEACH. The Declaration is for the
benefit of the following governing associations of the adjacent
residential areas:
(a) Boynton Leisureville Community Association, Inc. as
to the Alhambra North Parcel; and
(b) Golfview Harbour and Golfview Harbour Estates as to
the Alhambra South and Alhambra ACLF Parcels.
12. BOYNTON BEACH agrees to supplement or amend its
Comprehensive Plan by December 31, 1989, to permit use and
development of the Alhambra Square Parcels as set forth in
paragraph 11, above, subject only to the limitations set forth in
this Settlement and stipulation Agreement and other usual and
customary site related conditions of development.
13. BOYNTON BEACH agrees, within thirty days of the date of
this stipulation, to rezone the Alhambra square Parcels to permit
the development set forth in paragraph 11, above, subject only to
completion of all procedural requirements under Florida Statutes,
6
. .
Sec. 163,3184, the limitations set forth in this stipulation and
Settlement Agreement, and other usual and customary site related
conditions of development of general application in BOYNTON
BEACH.
14. To the extent that ordinances or resolutions are
required to implement any of the terms of this Stipulation and
Settlement Agreement, BOYNTON BEACH agrees to prepare and adopt
any and all such ordinances and resolutions necessary to
implement the terms of this Stipulation and Settlement Agreement.
15. Simultaneous with the execution of this Settlement
Stipulation, MILNOR and MICHAEL shall deliver to BOYNTON BEACH a
full and complete release on behalf of itself, its officers,
directors, shareholders, employees, agents, and representatives
as to any and all actions, suits, damages, claims, which it or
they may have against BOYNTON BEACH or any of its officials,
employees, consultants, agents, elected officials, or appointed
officials in connection with or related to any action or inaction
regarding the Applications and the Alhambra Parcels. The general
releases shall be held in escrow by city Attorney, Raymond Rea,
until all actions necessary to effectuate this stipulation and
Settlement Agreement have been duly enacted and then shall be
delivered to BOYNTON BEACH.
16. MILNOR and MICHAEL shall further agree to defend BOYNTON
BEACH at MILNOR and MICHAEL's expense, any suit or administrative
action pursuant to Chapter 163, Florida Statutes, initiated by
third parties arising out of any actions taken by BOYNTON BEACH
under the terms of this Agreement.
17. MILNOR and MICHAEL agree that BOYNTON BEACH's
obligations under this stipulation and Settlement Agreement shall
at all times be subject to Department of Community Affairs'
approval. MILNOR and MICHAEL further acknowledge that BOYNTON
BEACH shall not be responsible for any other Governmental
Agency's action related to the development of the Alhambra Square
Parcels.
7
/
. .
18. The parties shall forthwith inform the Court that a
settlement has been reached and all proceedings in the suit shall
be abated until the terms of this stipulation and Settlement
Agreement are fully and completely effectuated. At such time,
the parties shall jointly seek an Order from the Court confirming
and ratifying this stipulation and Settlement Agreement. The
Court shall at all times have and retain jurisdiction over this
cause and the parties to ensure that the terms and conditions
herein are adhered to by the parties.
RAYMOND ~EA, ESQ.
city Attorney for the
CITY OF BOYNTON BEACH,
a Florida municipal corp.
100 E. Boynton Beach Blvd.
Boynton Beach, FL 33481
(407) 738-7405
Florida Bar No. 348880
BY: ~-1-IAJ~NG.-
RAYMO~D REA, ESQ.
DATED: ~ 31 ) \~<lsj_
pldg 06/pldg l/RN
LAW OFFICES OF ROBERT A. EISEN
Attorneys for Plaintiff(s)
4700 Northwest Boca Raton Blvd.
Suite 103
Boca Raton, Florida 33431
(407) 994-2090
Florida Bar No. 180136
BY:
\~Q~L ~\j",-
ROBERT A. EISEN, ESQUIRE
DATED:
()Q~;[~~ '2-:/, \ L( ~) "'(
8
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 "A" (the
"LandS") on this
day of
1989, for
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-l (office
professional)
Alhambra SQUare South:
and
Alhambra SQUare ACLF:
Multi-Family
Residential
R-3 (multi-
family) ACLF
with no less
than 248 units
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.,
adjacent to the Alhambra square North parcel, and Golfview
\ I II
13
1
Harbour Homeowners Association and Golfview Harbour Estates,
Inc., adjacent 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:
Building Set
Building Set
2 stories
Back from east property line:
Back from north property line:
100'
100'
2. Alhambra Square South and
Alhambra Square - ACLF
Height:
ACLF Units/Beds:
Multi family units:
2 stories
248
as allowed by City zoning
B. The following developmental limitations shall
apply to Alhambra Square North:
(1) No building shall exceed two stories in
height;
(2) No
dumpster
shall
be
located
directly
adjacent to single family residential areas;
(3) All property lines between Alhambra Square
North and adjacent single-family areas shall be delineated with a
boundary wall or boundary landscaping at least six feet in
height.
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 approved by the Owners and the governing
association, all to be done at no cost to the governing
2
association. Said approval shall be governed by the provisions
of Paragraph C.(7) hereinafter set forth;
(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
(5) All utilities shall be installed underground.
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) No dumpster shall be located adjacent to
residential areas, and the dumpster 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") at least six feet in height shall be constructed on the
south property boundary between the Alhambra Square South and
Alhambra square ACLF parcels and the adjacent single-family
residential areas. The plan and design of the Wall shall be
coordinated with and approved by the governing associations of
the adjacent residential properties, 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. If a plan and/or specification is
3
submi tted for approval, and no written obj ection to same is
delivered within thirty (30) days from the date thereof, it shall
be deemed to have been approved.
If the proposed plan and/or
specification is not approved and the Owners and the governing
associations cannot reach agreement, the matter shall be resolved
by a majority vote of the City Commission of the City of Boynton
Beach;
(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;
(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.
(10) All utilities shall be installed underground;
and
(11) 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 permitted uses for the Lands shall be limited to the
following:
A.
Alhambra Square North:
Business, professional,
medical and governmental offices, including, but not limited to,
banks and financial offices.
B. Alhambra Square South and Alhambra Square ACLF:
Adult congregate living facility.
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.
4
ARTICLE VI
SUBORDINATION TO DECLARATION BY MORTGAGEErS). ETC.
All mortgages, deeds of trust and other similar encumbrances
now or hereafter placed upon the Property shall be subordinate
and inferior to this Declaration and its provisions, and any
firm, person or corporation owning or taking any interest in the
Property by reason of foreclosure, deed in lieu of foreclosure,
or otherwise as a result of any such mortgage(s), deed(s) of
trust, or other similar encumbrance(s) shall take title subject
to the provisions of this Declaration.
ARTICLE VII
TERM AND AMENDMENTS
These covenants and restrictions shall be deemed covenants
running with the land, for the benefit of the City and all
adjacent property owners, and shall be in perpetuity; EXCEPT THAT
they may be amended, changed, modified, in whole or in part,
cancelled or terminated (collectively called "Amendment") at any
time as to all or any portion of the Property by appropriate
written instrument recorded among the Public Records of Palm
Beach County, Florida, which instrument shall be executed by the
then owner(s) of the Lands so encumbered by these Covenants and
Restrictions and consented to therein in writing by the City of
Boynton Beach only after the following:
1. The City shall give to the adjacent property
owners thirty (30) days advance written notice of the public
hearing on the Amendment.
2. The city shall adopt the Amendment at a public
hearing by a majority vote of the City Commission.
The City Manager of the City of Boynton Beach shall record
an affidavit that all adjacent property owners have been duly
notified and that the Amendment has been adopted by majority vote
of the City commission of the City of Boynton Beach.
Said
Affidavit shall be dispositive that the aforerecited requirements
have been met. The consent of the Property Owners shall not be
required with respect to any Amendment.
No Amendment shall be
effective unless all mortgagees of record consent thereto.
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ARTICLE VIII
BINDING EFFECT
This Declaration of Covenants and Restrictions shall be
binding upon and shall inure to the benefit of the parties
hereto, their heirs, successors, assigns, administrators and
personal representatives.
ARTICLE IX
SIGNATURE COUNTERPARTS
This Declaration of Covenants and Restrictions may be
executed by
signature
counterparts,
in which
case
this
Declaration
of
Covenants
and
Restrictions
and
signature
counterparts shall constitute a single instrument.
WITNESSES:
OWNERS:
ALHAMBRA SQUARE NORTH
MILNOR CORPORATION, a
Florida corporation
By: Norman Michael, President
ALHAMBRA SQUARE SOUTH and
ALHAMBRA SQUARE ACLF
Norman J. Michael
Elishka E. Michael
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.
6
WITNESS my hand and official seal
last aforesaid, this ____ day of
in the County and state
1989.
NOTARY PUBLIC
My commission expires:
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 before me that she
executed the same in the presence of two subscribing witnesses
freely and voluntarily.
WITNESS my hand and official seal
last aforesaid, this ____ day of
in the County and State
1989.
NOTARY PUBLIC
My commission expires:
(B:CONDOOO.ksd)
7
":i.~
NO. 872774
N01. .E OF LAND USE CHANG,
NOTICE OF ZONING CHANGE
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The City of Boynton Beach proposes to ~hange the use of land and rezone the land within.,
the area shown in the map in this advertisement.
A public hearing on these proposals will be held before the Planning and Zoning Board-on ,: '
December 15, 1988, at 7:30 p.m. at Prime Bonk Plaza, 211 South Federal Highway, Boyntor) , '
Beachr Florida.
A public hearing on these proposals will also be held before the City Commission '01\,'
January 4, 1989, at 6:00 p.m., or as soon thereafter as the agenda permits, at Prime Bank.,~
Plaza, 211 South Federal Highway, Boynton Beach, Florida.
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APPLICANT:
AGENT:
OWNER:
PROJECT NAME:
PROPOSED USE:
lOCATION:
REQUEST:
ApPLICANT,
AGENT,
OWNER:
PROJECT NAME:,
PROPOSED USE:
lOCATION:
REQUEST:
APPLICANT,
AGENT:
OWNER,
PROJECT NAME:
PROPOSED USE:
lOCATION:
REQUEST:
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APPLICATION NO. 1
Milnor Corporation
Charles Putman & Associates, Inc.
Milnor Corporation
Alhambra Square North
Professional/ Medical Office Complex
South Congress Avenue at Golf Road, Northeast Corner
AMEND THE FUTURE lAND From-Moderate Density Residential
USE PLAN CONTAINED IN
THE COMPREHENSIVE PLAN To,OOice Commercial
REZONE: From, R1AA (PUD) (Single-Family Residential)
To - C 1 (Office/Professional)
APPLICATION NO. 2
Norman J. Michael
Charles Putman & Associates, Inc.
Norman & Elishka Michael
Alhambra Square South
Professional! Medical Office Complex
South Congress Avenue at Golf Road, southeast corner
AMEND THE FUTURE
LAND USE PLAN From,low Density Residential
CONTAINED IN THE
COMPREHENSIVE PLAN To-Olfice Commercial
REZONE: From' R 1 AA (Single'Family Residential)
To, C1 (Office/Professional)
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APPLICATION NO. 3
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Norman J. Michael
Charles Putman & Associates, Inc.
Norman & Elishka Michael
Alhambra Square AClF
Adult Congregate living Facility (AClF)
Goll Road at S.W. 13th Street, southwest corner
AMEND THE FUTURE From,low Density Residential
LAND USE PLAN
CONTAINED IN THE
COMPREHENSIVE PLAN To,High Density Residential
REZONE: From' R1AA (Single-Family Residential)
To - R3 (Multi,family Residential)
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A ;Copy of the proposed comprehensive plan amendments. and rezoning requests are available for review by
the public in the City's Planning Department. '
An interested parnes are notified to appear at said hearings in person or by attorney and be heard. Any. ~
persori who decides to appeal Q decision of the Planning & Zoning Board or City Commission with respect to any: ""
matter. considered at these meetin~s will need a record of the Droceedina... an'" -Fnr "'".... ........_-~- __u ~ I.. ..