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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 be-evai~~~ea-de~e"d~"~-M~e"-~he-e~~eeme-e~-~he-iaws~~~,-~~-e~de~ ~e-de~e~m~"e-~f-~he-ex~e~~"~-ia"d-~se-a"d-~e"~ft~-a~e-a~~~e~~~a~e7 F~~~he~me~e,-~he-~5%-~~ese~va~~e"-~eqM~~eme"~-~e~-~he-~we-uAu ~~~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 :~. -.J,.., . '.. Jj " If Ii ,.-~. ....' , ~. . 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. 5 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 ," 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. ~ . ~ '" ~ < . o . . o Q 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: i;W 'L- . L [ C. C C . " , i: il: 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) . , , 1 , , , , , , , , , " APPLICATION NO. 3 ", 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) " , , , ..'.... , " . " :.: ::~~ , , , , , , " , . . . , . . . '. " '. 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.. ..