REVIEW COMMENTS
Rumpf, Michael
From:
Sent:
To:
Cc:
Subject:
Rumpf, Michael
Thursday, October 17, 2002 2:09 PM
Cheraf, James
Galav, Lusia; Johnson, Eric
Amendment to Alhambra North Settlement
Jim, I have reviewed the proposed changes to the Alhambra Square North Settlement Agreement that allow the existing
ficus hedge to remain, against the approved Medical Arts Professional Center site plan, and my comments are as
follows:
1) The development order must be modified to eliminate the requirement to remove the hedge consistent with the
settlement;
2) I would recommend that a provision be included to address possible unavoidable harm to, or pruning of, the hedge
done by the wall construction or in preparation for;
3) Allow a precast wall which may have less of a foundation and therefore possible impact on the hedge (amend
condition #20 requiring stucco on both sides if the preferred wall would not have stucco);
4) Require minor modification of the approved site plan showing hedge to remain, and cross-section indicating
relationship of internal landscaping, wall and hedge to me maintained;
5) I would recommend that provisions be included clarifying maintenance responsibility of the hedge.
Jim, my main concerns regard completing the site plan as approved. The survey shows the hedge on the property line
and at 3 feet wide. So if one-half of the hedge is on the subject site, and with a 2 foot setback min. for the wall, we have
only one-half foot of surplus space between the wall and hedge. Although there should be physical space, construction
of the wall could still damage or impact the hedge thus weakening its buffer quality. I hope to avoid being the sounding
board for residents who see the hedge impacted by construction,
Mike
PLANNING AND ZONING DEPARTMENT MEMORANDUM NO. 94-242
TO: Carrie Parker
city Manager
FROM: Tambri J. Heyden ~,t
Planning and Zoning Director
DATE: August 1, 1994
SUBJECT: C-1 zoning determination - Walgreen's (drug store use)
at Alhambra Square North
Please be advised that I have completed researching the
walgreen's at Alhambra Square North issue. The stipulated
settlement agreement for Alhambra Square North (also known as the
Milnor lawsuit) states that any C-1 permitted use can be allowed
on the property (northeast corner of Congress Avenue and Golf
Road), subject to special landscaping, buffer wall, dumpster
locatlon and parking lot lighting conditions.
In addition to pharmacies, medical and surgical supplies;
orthopedic, invalid and convalescent supplies; eyeglasses and
hearing aids, which is listed as a permitted use in the C-1,
Office and Professional Commercial district, uses of the
following type are also permitted in the C-1 district: churches,
financial institutions, funeral homes, government facilities,
hospitals, medical offices, nursing homes, professional/business
offices, veterinary offices, office/academic tutoring, academic
schools, copying service, day care centers (conditional use),
barbers/salons (conditional use), tailors (conditional use) and
small sized, limited hours of operation restaurants in office
bUlldings (conditional use). Drug stores are not listed as a
permitted use in the C-1 district, however in the C-2,
Neighborhood Commercial district, drugstores which are no more
than 10,000 square feet in size are specifically allowed, as well
as more retail/service type uses.
ThlS distinction between the C-1 and C-2 zoning districts is
further emphasized in the attached comprehensive plan, land use
category verbiage which indicates that the Office Commercial land
use category shall be limited to, but shall not necessarily
include, limited retail services related to business, religious,
educational, medical, and civic uses. The comprehensive plan
indicates that tae Local Retail Commercial land use category
shall be limited to, but shall not necessarily include, retail,
personal service, business service, wholesale, entertainment and
mixed use development type uses.
TO: Carrie Parker
-2-
August 1, 1994
The typical walgreen's is comprised of two principal uses; a
pharmacy and a drugstore. Based on the definition of accessory
use (A use that is customarily incidental to the principal use
and so necessary or commonly to be expected that it cannot be
supposed that these regulations intended to prevent it), it is my
professional opinion that the drugstore is not an accessory use
to the pharmacy, which would be necessary to allow walgreen's in
the C-1 district. Furthermore, retail of many of the types of
articles that walgreen's sells, such as cosmetics, books, cards,
tobacco, beer, food/snacks, camera supplies (film developing),
sundries, etc., is not permitted in the C-1 district.
If I can provide additional assistance with this matter, please
contact me.
tjh
Attachment
xc: James Cherof
Michael Haag
Jose Alfaro
A:walgreel1
Same as Low Density Residential, except that the
maximum gross density shall be 10.8 dwelling
units per acre.
Special High Density Residential:
This land use category shall consist of
residential areas assigned to this land use
category in the Coastal Management Element, and
may be applied only in Coastal Area as designated
in the Coastal Management Element.
The uses allowed in this land use category shall
be limited to, but shall not necessarily include,
the following:
Same as Low Density Residential, except that the
maximum gross density shall be 20 dwelling units
per acre.
Office Commercial:
This land use category shall consist of all C-1
Office and Professional Commercial zoning
districts, and any other zoning districts which
may be established, including Planned Commercial
Development zoning districts, which are similar
in character to the C-1 district, provided that
all of the abovementioned zoning districts are
shown on the Future Land Use Map within the
Office Commercial land use category.
The uses allowed in this land use category shall
be limited to, but shall not necessarily include,
the following:
Business, professional, and administrative
offices; and financial institutions; funeral
homes; places of worship; schools and
instruction, day-care centers, and educational
institutions; museums; hospitals and other health
care services, group homes, nursing homes and
related health care facilities; social and civic
clubs and organizations; civic and community
centers; limited retail and business services
which are related to the above uses.
!'
Local Retail commercial:
This land use category shall consist of all C-2
Neighborhood commercial and C-3 Community
Commercial zoning districts, and any other zoning
districts which may be established, including
Planned Commercial Development zoning districts,
24
which are sim~lar ln character to the C-2 or C-3
districts, provided that all of the
abovementioned zoning districts are shown on the
Future Land Use Map within the Local Retail
Commercial land use category.
The uses allowed in this land use category shall
be limited to, but shall not necessarily include,
the following:
All uses allowed in the Office commercial land
use category, plus retail uses, personal
services, and repair of consumer goods; wholesale
of non-hazardous commodities; business services
which are compatible with retail uses;
entertainment, recreation facilities, amusements,
attractions, and exposition halls; lodging
facilities; marinas and boat storage; passenger
transportation facilities; temporary amusements,
revival tents, and the like; also, high-density
residential (maximum 10.8 dwellings units per
acre), including mixed use developments.
Mixed Use:
This land use category shall consist of all CBD -
Central Business District zoning districts and/or
any zoning district(s) which may be established
subsequent to the adoption of the Plan, provided
that all of the abovementioned zoning districts
are shown on the Future Land Use Map within the
Mixed Use land use category.
The uses allowed in this land use category shall
be limited to, but shall not necessarily include
the following:
All uses located in the Local Retail Commercial
land use category, plus all uses located in the
High Density Residential Land Use Category;
however, residential and hotel/motel densities up
to forty (40) dwelling units per acre are
permitted.
All land development located in the Mixed
Use category shall be required to submit a
plan which includes a sing'ie unified design
for the proj ect, and shalluc6ri'form to any--
adopted design plan(s) for the area covered by
the category.
General Commercial:
)
This land use category shall consist of all C-4
General Commercial zoning districts, and any
25
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PLANNING AND ZONING DEPARTMENT MEMORANDUM NO. 94-242
TO: Carrie Parker
City Manager
FROM: Tambri J. Heyden 7J:JJ-
Planning and zoning Director
DATE: August 1, 1994
SUBJECT: C-1 zoning determination - Walgreen's (drug store use)
at Alhambra Square North
Please be advised that I have completed researching the
Walgreen's at Alhambra Square North issue. The stipulated
settlement agreement for Alhambra Square North (also known as the
Milnor lawsuit) states that any C-1 permitted use can be allowed
on the property (northeast corner of Congress Avenue and Golf
Road), subject to special landscaping, buffer wall, dumpster
locatlon and parking lot lighting conditions.
In addition to pharmacies, medical and surgical supplies;
orthopedic, invalid and convalescent supplies; eyeglasses and
hearing aids, which is listed as a permitted use in the C-1,
Office and Professional Commercial district, uses of the
following type are also permitted in the C-1 district: churches,
financial institutions, funeral homes, government facilities,
hospitals, medical offices, nursing homes, professional/business
offices, veterinary offices, office/academic tutoring, academic
schools, copying service, day care centers (conditional use),
barbers/salons (conditional use), tailors (conditional use) and
small sized, limited hours of operation restaurants in office
buildings (conditional use). Drug stores are not listed as a
permitted use in the C-l district, however in the C-2,
Neighborhood Commercial district, drugstores which are no more
than 10,000 square feet in size are specifically allowed, as well
as more retail/service type uses.
ThlS distinction between the C-1 and C-2 zoning districts is
further emphasized in the attached comprehensive plan, land use
category verbiage which indicates that the Office Commercial land
use category shall be limited to, but shall not necessarily
include, limited retail services related to business, religious,
educational, medical, and civic uses. The comprehensive plan
indicates that the Local Retail Commercial land use category
shall be limited to, but shall not necessarily include, reta~l,
personal service, business service, wholesale, entertainment and
mixed use development type uses.
TO: Carrie Parker
-2-
August 1, 1994
The typical Walgreen's is comprised of two principal uses; a
pharmacy and a drugstore. Based on the definition of accessory
use (A use that is customarily incidental to the principal use
and so necessary or commonly to be expected that it cannot be
supposed that these regulations intended to prevent it), it lS my
professional opinion that the drugstore is not an accessory use
to the pharmacy, which would be necessary to allow Walgreen's in
the C-1 district. Furthermore, retail of many of the types of
articles that Walgreen's sells, such as cosmetics, books, cards,
tobacco, beer, food/snacks, camera supplies (film developing),
sundries, etc., is not permitted in the C-1 district.
If I can provide additional assistance with this matter, please
contact me.
tjh
Attachment
xc: James Cherof
Michael Haag
Jose Alfaro
A:walgreen
Same as Low Density Residential, except that the
maximum gross density shall be 10.8 dwelling
units per acre.
Special High Density Residential:
This land use category shall consist of
residential areas assigned to this land use
category in the Coastal Management Element, and
may be applied only in Coastal Area as designated
in the Coastal Management Element.
The uses allowed in this land use category shall
be limited to, but shall not necessarily include,
the following:
Same as Low Density Residential, except that the
maximum gross density shall be 20 dwelling units
per acre.
Office Commercial:
This land use category shall consist of all C-1
Office and Professional Commercial zoning
districts, and any other zoning districts which
may be established, including Planned Commercial
Development zoning districts, which are similar
in character to the C-1 district, provided that
all of the abovementioned zoning districts are
shown on the Future Land Use Map within the
Office Commercial land use category.
The uses allowed in this land use category shall
be limited to, but shall not necessarily include,
the following:
Business, professional, and administrative
offices; and financial institutions; funeral
homes; places of worship; schools and
instruction; day-care centers, and educational
institutions; museums; hospitals and other health
care services, group homes, nursing homes and
related health care facilities; social and civic
clubs and organizations; civic and community
centers; limited retail and business services
which are related to the above uses.
r
Local Retail Commercial:
This land use category shall consist of all C-2
Neighborhood commercial and C-3 Community
Commercial zoning districts, and any other zoning
districts which may be established, including
Planned Commercial Development zoning districts,
24
which are sim~lar ln character to the C-2 or C-3
districts, provided that all of the
abovementioned zoning districts are shown on the
Future Land Use Map within the Local Retail
Commercial land use category.
The uses allowed in this land use category shall
be limited to, but shall not necessarily include,
the following:
All uses allowed in the Office Commercial land
use category, plus retail uses, personal
services, and repair of consumer goods; wholesale
of non-hazardous commodities; business services
which are compatible with retail uses;
entertainment, recreation facilities, amusements,
attractions, and exposition halls; lOdging
facilities; marinas and boat storage; passenger
transportation facilities; temporary amusements,
revival tents, and the like; also, high-density
residential (maximum 10.8 dwellings units per
acre), including mixed use developments.
Mixed Use:
This land use category shall consist of all CBD -
Central Business District zoning districts and/or
any zoning district(s) which may be established
subsequent to the adoption of the Plan, provided
that all of the abovementioned zoning districts
are shown on the Future Land Use Map within the
Mixed Use land use category.
The uses allowed in this land use category shall
be limited to, but shall not necessarily include
the following:
All uses located in the Local Retail Commercial
land use category, plus all uses located in the
High Density Residential Land Use Category;
however, residential and hotel/motel densities up
to forty (40) dwelling units per acre are
permitted.
All land development located in the Mixed
Use category shall be required to submit a
plan which includes a sing'ie unified design
for the proj ect, and shall' conform to any--
adopted design plan(s) for the area covered by
the category.
General Commercial:
)
This land use category shall consist of all C-4
General Commercial zoning districts, and any
25
-
-
MEMORANDUM
b l:;'r~"...
..(\.""-.1 ......--
'-'.~.;~. ~'. . r:.
FROM:
Jay Mussman, Assistant city Attorney
Tambri J. Heyden, Senior Planner
JUN 25 1.091
CITY /, ,"",
'" I,'
TO:
DATE:
June 25, 1991
------
--"
'-
SUBJECT: Alhambra Square North and Alhambra Square ACLF
Declaration of Covenants and Restrictions -
File Nos. 443 and 444
Please be advised that I have reviewed and researched the latest
revised Declaration of Covenants and Restrictions for the
above-referenced projects forwarded to me with your May l1, 1991
memorandum. I have two comments relative to Peggy L. Carry's
letter to you itemizing the changes. First, Ms. carry's letter
refers to an approved site plan. To avoid future confusion,
please inform Ms. carry that a site plan has not yet been filed
or approved; only the land use amendment and rezoning pursuant to
the stipulation and Settlement Agreement. Therefore, before
application for permits can be made. site plan applications will
need to be submitted which incorporate the developmental
limitations specified in both the stipulation and settlement
Agreement and the Declaration of Covenants and Restrictions.
secondly, my research indicates that the cul-de-sac location shown
on the legal description sketch attached to exhibit "A" of the
latest, revised Declaration is the same location that is depicted
on the county tax maps to reflect a 1916 abandonment and
rededication. Therefore, the cul-de-sac location does not appear
to have changed since the initiation of this project, contrary to
Ms. carry's letter which states that a different direction was
depicted on the "approved site plan that what was originally
proposed". Despite my desire for clarification on this issue
from Ms. Carry, the revised Declaration appears to be acceptable
for recordation.
J~~~~i~
TAMBRI J HEYD
TJH:cp
cc: Chris cutro
//
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MEMORANDUM No. 91-l61
June 18, 199 1
TO:
Tambri Heyden, Assistant City
Planner rv(: m !AfJ..Y'
Attorney?f'"
FROM:
Jay D. Mussman, Assistant City
RE:
Alhambra Square Declaration of Covenants
and Restrictions
Would you please refer to my Memo to you dated May 17,
1991, (copy attached for your reference) and provide me with
your comments at your earliest opportunity.
I appreciate your assistance.
JDM/ras
Ene.
cc: Chris Cutro, City Planner
J. Scott Miller, City Manager
RECEIVED
JUN 18
PLANNU..G DEPT~ \
-
-
.
..
MEMORANDUM NO. 91-125
May 17, 1991
TO:
Tambri Heyden, Assistant City Planner
FROM:
Jay D. Mussman, Assistant City Attorney
RE:
Alhambra Square Declaration of Covenants
and Restrictions
Attached are the following documents for your review:
1. Copy of letter received by me from Peggy L. Carry,
dated May 10, 1991;
2. Copy
for Alhambra
Exhibits.
of Declaration of Covenants and Restrictions
Square, dated May 7, 1991, with attached
Upon your review, please contact me with your comments.
JDM/ras
Ene.
cc: J. Scott Miller, City Manager
MEMORANDUM
TO: Jay Mussman,-AssistantCity Attorney
FROM: Tambri J. Heyden, Assistant City Planner
DATE: February 5, 1991
SUBJECT: Declaration of Covenants and Restrictions for Alhambra
Square - File Nos. 443 & 444
In response to your memorandum (no. 91-43), I have reviewed the
revised subject declarations and I have no further comments.
TAMBRI
TJH:frb
tM
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MEMORANDUM NO. 9l-43
January 8, 1991
FROM:
Jay D. Mussman, Assistant City
Planner {
Attorney:pm jJP
TO:
Tambri Heyden, Assistant City
RE: Alhambra Square
Attached is a copy of a letter I received from Peggy L.
Carry, with attachments, which I believe is self
explanatory.
Please contact me after your review.
RbCblVbD
q\
J~N 8
PlANNING DEPT.
-
-
MEMORANDUM
TO: Jay Mussman, Assistant city Attorney
FROM: Tambri J. Heyden, Assistant city Planner
DATE: December 12, 1990
SUBJECT: Response to letter dated December 5, 1990 regarding
Alhambra Square North and South
please be advised that our department does not verify legal
descriptions; this is done by the Engineering Department.
However, a quick look at Exhibit "A" (legal description) of the
Declaration of Covenants for the above-referenced item reveals
that the legal descriptions for Alhambra Square South and
Alhambra Square ACLF should be combined as one since the property
will be developed as one project. Also, the legal description
for Alhambra square south/ACLF should not include tracts 2 and 3
of Golf View Harbour 3rd Section or lot 16, block 16 of Golf View
Harbour 2nd Section.
/'I
d~~'~.;j~
Tambri J. He den
tjh
A:Alhamchg
xc: Chronological File
I
MEMORANDUM
TO: Jay Mussman, Assistant City Attorney
FROM: Tambri J. Heyden, Assistant city Planner
DATE: November 20, 1990
SUBJ: Alhambra Square North, Alhambra Square South/ACLF
File Nos. 443 and 444
Declaration of Covenants and Restrictions
Please be advised that I have reviewed the above-referenced
documents. My comments are as follows:
1. Page 2 of the "Declaration", Article III,A.1. - I do not
know the origin of the stated building setbacks, since I do
not find such a restriction in the stipulation and
settlement agreement. I assumed the setbacks in the Zoning
code for the C-1 district were to be imposed.
2. Page 2 of the "Declaration", Article III.B.(31 - The first
sentence allows a choice between the provision of a boundary
wall or boundary landscaping, The stipulation and
settlement agreement, page 4, states a six foot zoning
boundary wall and does not mention landscaping as an
alternative.
3. I am confused as to why the "Declal'ation" is being changed.
I assumed that it had already been recorded as it is stated
on page 6 of the stipulation and settlement agreement that a
recordable Declaration was to be delivered to the city
Attorney prior to the first public hearing on the rezoning
which was June 19, 1990, I also notice that the term and
amendments section, page 5 of the "Declaration", Article
VII, does not set forth provisions for amendments. The
stipulation and settlement agreement, page 6, states that
the "Declaration" cannot be modified without the consent of
Boynton Beach.
4, Since the Current Planning Division, and as far as I know,
the Planning Department, was not a part of the negotiations
that took place between the d~veloper and the city
Commission, my review of these documents is limited to a
comparison of the stipulation and settlement agreement to
the l'evise:l "Declaraticn", provi:led by your office. I
cannot evaluate language in the l'evised "Declaration" which
is more stringent than language contained within the
TO: Jay Mussman
-2-
November 20, 1990
cont'd
4. stipulation and settlement agreement (hence comment #1
above) or evaluate more stringent language that has been
deleted from a previous version of the "Declaration".
..,
.-J.~' a ?#I-~'?III
Tambri J. ~yden
tjh
A:Milnor
xc: Chronological File
MEMORANDUM
TO: Tambri Heyden, Assistant Planner
FROM: Jay D. Mussman, Assistant City Attorney
RE: Alhambra Square Declaration of Covenants and Restrictions
(hereinafter "Declaration") and Stipulation and Settlement
Agreement (hereinafter "Agreement")
DATE: November 9, 1990
Pursuant to our recent telephone conversation, attached hereto
please find the revised Declaration of Covenants and Restrictions
for Alhambra Square.
Please review same at your earliest convenience and advise me of
your comments.
Thank you for your assistance in this matter.
JDM/jrm
letters
BBch
Enclosure
cc: J. Scott Miller (without enclosure)
Christopher cutro (with enclosure)
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.RECEIVED
;
NOV 14 1990
PLANNING DEPT.
-,
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-
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MEMORANDUM
December 30, 1988
TO: CHAIRMAN AND MEMBERS
PLANNING AND ZONING BOARD
FROM: CARMEN S. ANNUNZIATO, PLANNING DIRECTOR
RE: ALHAMBRA SQUARE ACLF-CONDITIONAL USE APPLICATION
The pUblic hearing for the above-referenced application was
continued at the December l5, 1988 special meeting of the
Planning and Zoning Board, as the site plan was determined to be
incomplete by the Technical Review Board. The applicant did not
resubmit the site plan for review by the Technical Review Board
at the December 19, 1988 deadline owing to the fact that there
were only four days between the special meeting date and the
December 19th deadline to revise and resubmit the site plan
documents. In addition, the applicant is awaiting the outcome of
the public hearing before the City commission on January 4, 1989
for the land use element amendment/rezoning request which, if
approved, will enable the applicant to further pursue the
Conditional Use application.
If the City Commission approves the land use element/rezoning
application, it is recommended that the public hearing be
continued to the February l4, 1989 meeting at 7:30 p.m.
Otherwise, this item should be deleted from the agenda.
"
[7- I~
CARMEN S. ANNUNZI1(io. - -
CSA:ro
cc Central File
\'
-
M E M 0 RAN DUM
TO: Mr. Carmen Annunziato
Planning Director
DATE: December 8, 1988
FROM: Betty S. Boroni
City Clerk
RE: Planning & Zoning Board
Meeting of 12(l5(88
Attached please find a letter received from Carmen L.
Ford in opposition to the applications submitted by
Norman J. Michael and Milnor Corporation, scheduled
to be heard by the Planning & Zoning Board on December
l5.
B~7:~A;
BSB/smk
Attachment
cc: City Attorney
City Manager
Mayor & Commission
P&Z Board Members:
H. Blanchette
M. Huckle
M. Jackier
D. Richter
R. Walshak
J. Aguila
G. Lehnertz
RECEIVED
,~c 9 '.
PU,,'i..,.G DEPT~
-
-
M E M 0 RAN DUM
october 1l, 1988
TO: BETTY BORONI, CITY CLERK
FROM: JAMES J. GOLDEN, SENIOR CITY PLANNER
RE: TRANSMITTAL OF LAND USE AMENDMENT APPLICATIONS
SUBMITTED TO THE PLANNING DEPARTMENT ON OCTOBER 1, 1988
Accompanying this memorandum you will find a copy of the
application and related documents for the following Land Use
Element Amendment/Rezoning applications:
1. Boynton Beach Mall Land Use Element Amendment/Rezoning
($1,800 fee includes postage) ,
2. Alhambra Square North Land Use Element Amendment/Rezoning
($700 fee)
3. Alhambra Square South Land Use Element Amendment/Rezoning
($700 fee)
4. Alhambra Square ACLF Land Use Element Amendment/Rezoning
($800 fee)
5. winchester Tract #1 Annexation and Land Use Element
Amendment/Rezoning ($1,400 fee)
6. winchester Tract #2 Annexation and Land Use Element
Amendment/Rezoning ($1,400 fee)
7. Winchester Tract #3 Annexation and Land Use Element
Amendment/Rezoning ($1,300 fee)
8. Jonathan's Grove Annexation and Land Use Element
Amendment/Rezoning ($900 fee)
The pUblic hearing dates for the above requests have been
tentatively scheduled for December 15, 1988 and January 4, 1989
pending approval by the Planning and Zoning Board and City
commission respectively. Legal advertisements (one-quarter page
map ads) will be prepared by the Planning Department and
forwarded to your office upon completion.
~t-~
J. ES J I GOLDEN
JJG:ro
cc central File
MEr-!ORA..~DUM
TO: Sue Kruse, City Clerk
FROM: James J. Golden, Senior City Planner
DATE: March 21, 1990
SUBJECT: Re7.oninQ for prooerties Involved in
!l1ilnor ". ci tv of Boynton Beach
Accompanying this memo~andum you will find a copy of the
application and related documents for the following:
1. Alhambra Square North - Rezo~inq from R-IAA(PUD) to C-1
(Office Professional).
2. Alhambra Square South/ACLF - ~ezoning from R-IAA to R-)
(Multi-Family Residential).
Enclosed are checks in tIle amount of ~800 and $900, respec~ively,
for the review and processing or the "~ove applications. Also
enclosed is a check in the amount of $56.75 to cover the cost of
postage for both applications.
Please advertise these requests for a r~blic hearing before the
Planning ~nd Zoning Board at tte May 8, 1990 meeting and before
the City Commission at the May 15, 1990 meeting.
.
II.,;,
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IN.1ES J;. GOLDEN
JJG:frb
Encs
A: !llilnor
..._._-_..~"._..------~-~--~~---
M E M 0 RAN DUM
TO: Mr. Carmen Annunziato
Planning Director
DATE: November 14, 1988
FROM: Betty S. Boroni
City Clerk
RE: Planning & Zoning Board
Attached please find copies of the following notices,
scheduled to be advertised for the December l5, 198a
Planning & Zoning Board meeting:
NOTICE OF LAND USE CHANGE
NOTICE OF ZONING CHANGE
( 3)
Kilday & Associates, Applicant
Milnor Corporation, Applicant
Bill Ray Winchester, Applicant
The Post has been requested to omit the second paragraph
for the last publication on December 28.
These notices are scheduled to be mailed tomorrow and we
trust you find everything in order.
;tf;1~
Betty S. Boroni
BSB/smk
Attachments
cc: City Manager
RECEIVED
NOV 15 198tl
PLANNING DEPT.
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,NOTICE OF LAND USE CHANGE
NOTICE OF OF ZONING CHANGE
The City of Boynton Beach proposes to change 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 Bank Plaza,
21l South Federal Highway, Boynton Beach, Florida.
A public hearing on these proposals will also be held before the
City Commission on 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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APPLICATION NO. 1
APPLICANT: Milnor Corporation
AGENT: Charles Putnam & Associates, Inc.
OWNER: Milnor Corporation
PROJECT NAME: Alhambra Square North
PROPOSED USE: Professional/Medical Office Complex
LOCATION: South Congress Avenue at Golf Road, Northeast
corner
REQUEST:
AMEND THE FUTURE LAND From-Moderate Density Residential
USE PLAN CONTAINED IN
THE COMPREHENSIVE PLAN To-Office Commercial
REZONE: From - R1AA (PUD) (Single-Family Residential)
To - C1 (Office/Professional)
- :--_--:-
APPLICATION NO. 2
APPLICANT:
Norman J. Michael
AGENT:
QIoINER:
Charles Putman & Associates, Inc.
Norman & Elishka Michael
PROPOSED USE:
Alhambra Square South
Professional/Medical Offic~ Complex
PROJECT NAME:
LOCATION:
South congress Avenue at Golf Road,
southeast corner
REQUEST:
AMEND THE FUTURE
LAND USE PLAN
CONTAINED IN THE
COMPREHENSIVE PLAN
From-Low Density Residentia:
To-Office Commercial
REZONE: From - RIAA (Single-Family Residential)
To - C1 (Office/Professional)
APPLICATION NO. 3
APPLIC~~: Norman J. Michael
AGENT: Charles Putman & Associates, Inc.
OWNER: Norman & Elishka Michael
PROJECT NAME: Alhambra Square ACLF
PROPOS~D USE: Adult Congregate Living Facility (ACLF)
LOCATION: Golf Road at S.W. 13th street, southwest corner
REQUEST:
AMEND THE FUTURE
LAND USE PLAN
CONTAINED IN THE
COMPREHENSIVE PLAN
From-Low Density Residential
To-High Density Residential
REZONE: From - R1AA (Single-Family Residential)
To - R3 (Multi-Family Residential)
A copy of the proposed comprehensive plan amendments and rezonin~
requests are available for review by the public in the city's Plannin~
Depart.rnent.
All interested parties are notified to appear at said hearings il
perso~ or by attorney and be heard. Any person who decides to appeal
decision of the Planning & Zoning Board or City Commission with respe(
to any matter considered at these meetings will need a record of the
proceedings and for such purpose, may need to ensure that a verbati~
record of the proceedings is made, which record includes the testimo~
and evidence upon which the appeal is to be based.
BETTY S. BORONI, CITY CLERK
CITY OF BOYNTON BEACH, FLORIDA
PUBLISH: THE POST
11/30, 12/9 & 12/28/88
cc: City Commission
City Attorney
PLANNING DEPT. MEMORANDUM NO. 90-151
TO: James Cherof, City Attorney
THRU: Timothy P. Cannon, Interim Planning Directorl'<=
FROM: James J. Golden, Senior City Planner
DATE: May 16, 1990
SUBJECT: Alhambra Square - Declaration of Covenants and
Restrictions
The attached document was submitted to the City in accordance
with the Stipulation and Settlement Agreement for Milnor
Corporation vs. The City of Boynton Beach (see section 11 on
pages 4 through 6 of the attached Stipulation and Settlement
agreement for specific details).
Please review the attached document for legal sufficiency and
have this document recorded, as outlined under item b(9) on page
6 of the document.
~
,J?,J)./L
GOLDEN
JJG:frb
Ene
cc: City Manager
Central File
A:PM90-151
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
g71.1 day of )11,4 'I
1990, 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
RECITAIS
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 Sauare North:
Office Commercial
C-l (office
professional)
Alhambra Sauare South:
and
Alhambra Sauare 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
1
Harbour Homeowners Association and Golfview Harbour Estates,
Inc., adjacent to the Alhambra Square South and Alhambra Square
ACLF parcels.
ARTICLE II
LEGAL DESCRIPl'ION
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
submitted for approval, and no written objection 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,
pharmacies, 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 MORTGAGEECSI. 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
L---2
n Michael, President
By:
ALHAMBRA SQUARE SOUTH and
ALHAMBRA SQUARE ACLF
~J)____--><-
~~an J. Michael
Lt.li L j :JJJ
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 al}d official seal in the County and state
last aforesaid, this ~ day of ~4Y , 1990.
NO~ -
My commission expires:
NOTARY PUBUC, STATE OF FlORIDA
MYca.t.4ISS1ON EXPIRES DEC. 7,1991
BONDED TmU NOTARY PUIllIC UNOERVol'UlBlS
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;J1d official seal in
last aforesaid, this "day of mAY
,
the County and state
, 1990.
My commission expires:
NOTARY PU8UC, STATE OF FLORIDA
MY COtJMISSION EXPIRES DEC. 7.1991
BONDED 1llRU NOTARY PUBlIC UNllER\\flITERS
(B:CONDOOO.ksd)
7
EXHIBIT "A"
ALHAMBRA SOUARE 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.
ALHAMBRA SOUARE SOUTH/ALHAMBRA SOUARE ACLF
Golf View Harbour section 3, Tract 4 (less curve area Southwest
13th Street and East 20 feet of South 104.29 feet) as recorded in
Plat Book 30, Page 119, Public Records of Palm Beach County,
Florida.
(B:CONDOOO.pg9.ksd)
AUTHORIZATION AND SWORN STATEMENT
The undersigned hereby appoints ROBERT A. EISEN, as its
attorney-in-fact to apply to the city of Boynton Beach for a
rezoning for real property located at the Northeast and Southeast
Intersection of Congress Avenue and Golf Road (Southwest 23rd
Avenue) more particularly described on Exhibit "A" attached
hereto and made a part hereof.
MILNOR CORPORATION,
a Florid,l~~o~~ration
By: ~ -,/{,j-d--<-l..
'--Norm~ J. Michael , its President
/'
/
STATE OF FLORIDA )
) SS:
COUNTY OF PALM BEACH )
SWORN TO
authority, this
ANg 1- SUBSCRIBE~ before me,
3\ day of (--!~
~~~)",a.j L, 140~~
Notary Public
the undersigned
1990.
My Commission Expires:
.OTARY PuBLIC ST_TE OF FLORIDA
JY COMIlISSION EXP. OCT. 1,1990
BONDED THRU GEHERAL INS. UNO.
~~ d' (_
.-No J. MICHAEL, individually
STATE OF FLORIDA )
) SS:
COUNTY OF PALM BEACH )
SWORN TO
authority, this
AN~ SUBSCRIBE~before me, the undersigned
-3/S day of C,(~ ' 1990.
~rbt-!1 ~ L. .Ik!rflk~",
Notary Public
~.,~ 1/ ~/ '('
I G ~ '
7~ $ //, ~'~~"
ELISHKA E. MICHAEL, individually
MY"'C6mmission ExpAilj;~f:
IDTARl PUBLIC STATE or
MY CO~fUSSIOM oP. OCT. 7,1990
BONDED THRU GEMERAL INS. UNO.
STATE OF FLORIDA )
) SS:
COUNTY OF PALM BEACH )
SWORN TO
authority, this
ANq.... SUBSCRIBED/,! before me, the undersigned
3/- day ~f (G4~2 ' 1990.
'- \ ~, t., ~~
Notary Public
My Commission Expires:
a:city forms/auth04/rn
lOURY PUBLIC STIlE Of FlORIOA
"~ CO~ISSION EXP. OCT. 7,1990
SOlOED THRU GENERAL INS. LIND.
DECLARATION OF COVENANTS AND RESTRICTIONS
for ALHAMBRA SQUARE
KNOW ALL MEN BY THESE PRESENTS, that the undersigned
owner(s) of all the property ~cribed in the attached Exhibit
"A" (the "Lands") on this ---l..tl..- day of December, 1988, for
themselves, 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 easements hereinafter set forth.
ARTICLE I
RECITALS
Section 1. The undersigned owner(s) has applied to
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
Alhambra Square North:
moderate density
residential to
office commer-
cial
Alhambra Square South:
low density
residential to
office commercial
Alhambra Square ACLF
low density
residential to
multi-family
residential
Rezoninq
R-1AA (PUD)
to C-I (office
professional)
R-1AA (single
family residen-
tial) to C-1
(office profes-
sional)
R-1AA (single
family residen-
tial) to R-3
(multi-family
residential)
Section 2. In connection with said application, the
undersigned desires to voluntarily impose certain restrictions,
limitations and/or easements 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 and
persons of record owning real property located within four
hundred (400) feet of the Lands (the "Property Owners"), and for
no other persons, in accordance with the restrictions and
limitations set forth herein.
ARTICLE II
LEGAL DESCRIPTION
The Lands which are and shall be held, transferred,
sold, conveyed and occupied subject to this Declaration are
located in Palm Beach County, Florida, and within the city limits
of the City of Boynton Beach and are described in Exhibit '''A''
attached hereto and made a part hereof.
LAW OF"F"ICES ROBERT A. EISEN, P,A. . 4700 NORTHWEST 2NO AVENUE, SUITE 101, BOCA RATON, F"LORIOA 33431
BOCA RATON (407) 994-2090. WEST PALM BEACH (407) 738.038e . BRQWARD (305) 760-9088
ARTICLE III
INTENSITY LIMITATION/AESTHETIC CONSIDERATION
A. No structure or structures to be built on the Lands
shall exceed (in the case of Building set back be less than) the
following requirements:
1. Alhambra square North:
Height:
Building Set Back
Building Set Back
2 stories
from east property line: 100'
from north property line: 100'
2. Alhambra Square South:
Height: 2 stories
Building Set Back from South property line: 100'
3. Alhambra Square - ACLF
Height:
ACLF Units/Beds:
Multi family Units:
2 stories
124
as allowed by City zoning
B. The following development limitation shall apply to
all Lands:
(1) No dumpster shall be permitted in yards directly
abutting single family residential districts;
(2) All property lines between
single-family districts shall be improved with
boundary landscaping at least 6' in height;
the Lands and
boundary walls or
(3) All lighting in parking areas shall be designed
and installed with shadow' boxes or smiliar fixtures to reduce
direct illumination to single family districts. All lighting in
parking areas shall be extinguished at 12:00 midnight.
(4) All utilities shall be installed underground;
(5) The canal bank to the south of Alhambra square
South and Alhambra square-ACLF shall be landscaped and
maintained.
ARTICLE IV
RESTRICTION DEEMED COVENANTS
These Covenants and Restrictions shall be deemed
covenants running with the Lands for the benefit of all owners of
real property abutting the land, and owners of real property in
the neighborhood and the City of Boynton Beach. These Covenants
and Restrictions shall be binding upon the undersigned Owners and
its successors and assigns.
ARTICLE V
USES PERMITTED/PROHIBITED; LIMITATIONS ON USE
The permitted uses for the Lands shall be limited to
the following:
A.
Medical and
offices.
Alhambra Square North: Business, Professional,
governmental offices, including banks and financial
B. Alhambra Square South: Business,
Medical and governmental offices, including banks
offices and drive in tellers.
Professional,
and financ;ial
LAW OFFICES ROBERT A. EISEN. P,A. . 4700 NORTHWEST 2NC AVENUE, SUITE 101, BOCA RATON, FLORIDA 33431
BOCA RATON (407) 994-2090. WEST FALM BEACH (407) 736-0366 . BROWARO (30.5) 760-9088
C. Alhambra Square ACLF: Adult congregate living
facility and mUlti-family
residential
ARTICLE VI
SUBORDINATION TO DECLARATION BY MORTGAGEE(S), 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 owing 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-AMENDMENTS
These Covenants and Restrictions shall be deemed
covenants running with the lands, for the benefit of the city and
all Property Owners, and shall be in perpetuity; EXCEPT THAT they
may be amended, changed, modified, in whole or in part, cancel-led
or terminated (collectively "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 only after the
following:
1. Thirty days written notice in advance of the
Amendment is given by the City to the Property Owners.
2. The City adopts the Amendment at a public
hearing by a majority of the city commission.
A recorded statement by the City Manager of the City to the
effect that all Property Owners have been duly notified and the
appropriate vote of the City Council has occurred shall be
dispositive as to those requirements. The consent of the
Property Owners shall not be required with respect to any
Amendment. Provided, however, no Amendment shall be effective
unless all mortgagees of record consent thereto.
ARTICLE VIII
BINDING EFFECT
This Declaration of Restrictions and Covenants 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 shall be
executed by Signature Counterparts. This Declaration of
Covenants and Restrictions and Signature Counterparts shall
consititute a single instrument.
LAW OFFICES ROBERT A. EISEN, P.A. . 4700 NORTHWEST 2ND AVENUE, SUITE 101, BOCA RATON, FLORIDA 33431
BOCA RATON (407) 994-2090. WEST PALM BEACH (407) 73S-0368 . BROWARD (305) 760-9068
WITNESSES:
OWNERS:
ALHAMBRA SQUARE NORTH
MILNOR CORPORATION, a
Florida Corporation
B~?fD.~o
No J. Michael,
President
ALHAMBRA SQUARE SOUTH and
ALHAMBRA SQUARE ACLF
,
(
-.."
~~~~ ~'
B~~g~Q
$~
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 afores~id, to
take acknowledgements, personally appeared -. ~, ~
and -e: Li ~ ". \ , well known
to me to be the person(s) described in and who executed the
foregoing instrument and they acknowledged before me that they
executed the same in the presence of two subscribing witnesses
freely and voluntarily.
WITNESS my hand an~ official ~eal in, the County and
State last aforesaid, this 1.J day of ~<ll/ooo~ , 19~.
MY COMMISSION EXPIRES:
LAW OF"F"lCES ROBERT A. EISEN, P.A. . 4700 NORTHWEST 2"'0 AVENUE, SUITE 101, BOCA RATON, F"LORIOA 33431
BOCA RATON (407) 994-2090. WEST PAL.M BEACH (407) 738-038e . BROWARO (305) 760-90e8
EXHIBIT "A"
ADHAMBRA SOUARE NORTH
A parcel of land in section 32, Township 45
city of Boynton Beach, Florida, Palm
particularly described as follows:
South, Range 43 East,
Beach County, more
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.
ALHAMBRA SOUARE SOUTH
The West 500 feet of the following described property:
Lot 16, Block 16, GOLF VIEW HARBOUR 2ND SECTION, according to the
Plat thereof, as recorded in Plat Book 27, Pages 46 and 47, and
Tracts 2, 3, and 4 GOLF VIEW HARBOUR 3RD SECTION, according to
the Plat thereof, as recorded in Plat Book 30, Page 119 and 120,
Public Records of Palm Beach County, Florida.
ALHAMBRA SOUARE ACLF
The East 590 feet of the following described property:
Lot 16, Block 16, GOLF VIEW HARBOUR 2ND SECTION, according to the
Plat thereof, as recorded in Plat Book 27, Pages 46 and 47, and
Tracts 2, 3, and 4 GOLF VIEW HARBOUR 3RD SECTION, according to
the Plat thereof, as recorded in Plat Book 30, Page 119 and 120,
Public Records of Palm Beach County, Florida.
(a:alhambra.doc (amp-doc mise)
LAW OFFICES ROBERT A. EISEN, P.A. . 4700 NORTHWEST 2NO AVENUE, SUITE 101, BOCA RATON, FLORIDA 33431
BOCA RATON (407) 994-2090. WEST PALM BEACH (407) 738-0388 . BROWARO (305) 760-90ee
JUS T I F I CAT ION
ALHAMBl{A
SQUAl{E
N U R T H
NOR MAN
MICHAEL
The property that is the subject of this petition is currently zoned in a Lov.'
Density Residential category, calling for single-family home construction.
Thjs site is located at an intersection at Congress and Golf Road where traffic
volumes are currently in the range of 30,000 vehicles per day, projected to
increase significantly over the next several years. This aspect of the propertyts
location has a direct impact on the highest and best use of this site. On the
one hand, the intensity of activity which exists at this intersection in the form
of not only overall traffic volumes, but the stop and go movements associated
with the intersection, make it a very undesirable location for low density resi-
dential use. The site is not large enough to allow sufficient buffering to
occur at the intersection so that this impact can be mitigated. Thus, the only
option for an economically viable development under the current zoning would be
to construct single-family homes adjacent to the high intensity traffic-way
corridors. The developer firmly believes that in today's environment of rela-
tively high construction and land costs, he could not provide a high quality
residential product on this property that would be marketable at this location.
By the same token, as the intensity of development increases at this intersection,
the property becomes more desirable as a commercial site. Given that there is
already a controlled intersection at Congress and Golf, it is clear that this
property would easily lend itself to a successful commercial or office develop-
ment. It does not appear that there is any question as to the appropriateness
of this property for commercial use, given its location, in that the City's own
Comprehensive Plan has acknowledged that this intersection is well suited for
commercial use. No such designation, however, has ever been provided on this
property, since there has been considerable pressure from the surrounding resi-
dential areas to keep the current residential zoning.
In submitting the particular petition contained herein, the applicant is proposing
to rezone this property to a C-1 commercial use. This zoning would allow the
property to be developed with general office, financial and medical types of uses,
with very little activity of a commercial nature being allowed. Good planning
practice would acknowledge that office types of uses, particularly when limited
to two-story elevations, which would be the case under the C-l zoning district,
create a desirable buffer between residential development and other more intense
uses. Unlike many types of commercial operations, these uses are generally daytime
facilities whose operations cease at the end of the day. Thus, there is very little
encroachment into the ambiance of the residential communities in the evening hours.
Also, there is typically very little truck and delivery traffic associated with
office uses.
Given the above, it is the applicant's opinion that the proposed zoning is justified
at this location for the following reasons:
o The intersection of Golf Road and Congress Avenue is a viable location for the
proposed use, given the traffic volumes that currently exist and the existence
of the controlled intersection.
o As acknowledged by the City's Comprehensive Plan, there is need for additional
commercial development in the rapidly growing western area of the City. A1-
-2-
though there is SOme commercial land llse and zoning already earmarked in this
area on the City's Master Plan, in 1986 there were only b2 ~cres of C-1 zoning
in the whole City of Boynton Beach and very little of this was located in the
Western area. Based on the population levels proposed for ultimate build-out,
and given the limited number of intersection areas t~lat are Ctlrrent]y undeveloped
in the area, it would seem clear that there is not only a demand for additional
commercial services in the area, but that this is a very desirable location for
such USes.
o The proposed use of the site for general otfiee, financial and medical facilities
would seem to be a use that would be an effective buffer for the surrounding
residential uses.
~- --,_.._,-,-~~-_. ~_._~-------
II.h(l) COMPARISON OF EXISTING ZONING AND PROPOSED ZONING
Rezoning from R-lAA
Rezoning to C-I
Under the current zoning, R-lAA, 5 units per acre can be built. Since
the site is approximately 4.45 acres, a total of 21 units could be
built on this site. However, the required roads and setbacks would
reduce the potential yield to about 17 units. Using the minimum lot
dimensions, the average building would be about 3,000 square feet,
with a potential of 51,000 square feet for the entire site.
Calculations: 3,080 x 2 ~
3,080 x 2 = 6,160 x 17 units = 104,720 square feet
Under the proposed zoning, C-I, 40% maximum lot coveage could be
achieved. This would be equal to 69,696 gross square footsge.
Calculations:
174,240 square feet x 40% = 69,696 square feet.
II.h(2) Allowable Uses - C-I Zoning
The site will be restricted to those uses allowable in the C-l zoning
district.
II.h(3) Phasing and Timing of Project
The project will in all probability be constructed as one entire
phase. Project starting date would be September 1989, and it would be
finalized around December 1990. Development and construction will
begin immediately after obtaining the necessary approvals.
I1.h(5)(6) Water and Sewer Demands
Under the current zoning, R-lAA, it has been shown earlier that 17
units could be constructed. Under the current Palm Beach County
estimate, a three bedroom house will use some 450 gallons per day,
both for water and sewage. This would mean a total site demand of
7,650 gallons per day.
Under the
building
would be
equate to
proposed zoning
would be allowed.
.10 gallons/day
6,969 gallons/day
of C-l, a total of 69,696 square feet of
The County standards for commercial usage
per building square footage. This would
for the office development.
II.h(7) Population Projections
Under
with
equal
the current zoning, R-lAA, 17 single family units could be built
a project average of 2.67 persons per household. This would be
to 46 persons in the development.
Under the proposed development, C-I, the projected number of employees
for such a development would be 215 persons.
919MilnorBB
PLANNING ANALYSIS
(6Al) Alhambra Square North
(6A2) Alhambra Square South
(6A3) Alhambra Square ACLF
Prepared by:
LEIGH ROBINSON KERR
& ASSOCIATES, INC.
808 East Las Olas Bo~levard
Suite 104
Fort Lauderdale. Fl 33301
(305) 467-6308
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INTRODUCT ION
Leigh Robinson Kerr & Associates, Inc. has been retained by
Robert A. Eisen. Esq, to prepare a planning analysis of the
Alhambra Square Office/Residential Mixed Use Proposal situated at
the intersection of Congress Avenue and Southwest 23rd Avenue
within the City of Boynton Beach, Florida. In preparation of
this analysis, we have conducted site visits including a review
of the development activity in the western portion of the City
principally west of 1-95. In addition, we have reviewed the
Comprehensive Plan for the City of Boynton Beach, the Evaluation
and Appraisal reports for land use and traffic circulation, the
Zoning Code for the City of Boynton Beach, the planning staff
reports regarding the petition and the reports prepared by the
petitioner's consultants,
The purpose of this analysis
petitions are consistent with the
of Boynton Beach, the Zoning Code
standards.
is to determine whether the
Comprehensive Plan of the City
and generally accepted planning
SITE INFORMATION
The petitions represent three (3) parcels consisting of
approximately of 15 acres. One 4 acre parcel is situated at the
northeast corner of Congress Avenue/Southwest 23rd Avenue and the
two remaining parcels' are located at the southeast corner of
Congress Avenue/Southwest 23rd Avenue. The western 4,4 acre
portion of the southeastern parcel is proposed for office use and
the balance of approximately 5 acres are proposed for an Adult
Congregate Living Facility (ACLF). The properties contain
frontage on Congress Avenue which is a minor arterial and
Southwest 23rd Avenue which is a collector road as designated by
the Comprehensive Plan of the City of Boynton Beach.
Petitions 6A1 and 6A2 (see attached map) are situated at the
northeast and southeast corners of the intersection respectfully
and are being proposed for an office commercial land use
designation and a C-1 (office/professional) zoning
classification, The 5 acre tract to the east of petition 6A2 is
being proposed for multi-family residential land use and R-3
(mUlti-family residential) zoning. As depicted on the Conceptual
Master Plan prepared by Charles Putnam & Associates, the
petitioner proposes to develop a mix of office including medical
uses and an adult congregate living
-1-
facility to serve the growing needs of western Boynton Beach. As
indicated in the Comprehensive Plan and the 1986 EAR updates, the
City of Boynton Beach is experiencing substantial growth in the
western sector of the City, The completion of the regional mall
plus the further expansion of the industrial park north of
Boynton Beach Boulevard has further enhanced the employment
opportunities for future and existing residents of the community.
Projects of that magnitude create the need for associated
developments to serve the existing and growing population. The
Alhambra Square proposal is designed to meet the needs of the
residents of the City of Boynton Beach,
PLANNING ANALYSIS
This planning analysis will relate separately to the office
petitions and the ACLF petition.
6A1 Alhambra Square North
6A2 Alhambra Square South
These two petitions for office use situated at the intersection
of Congress Avenue (minor arterial) and Southwest Z3rd Avenue
(collector) are appropriately situated as they comply with the
policies of the Comprehensive Plan in the following manner:
A. Discourage the expansion of commercial strip
development - these are small isolated parcels either
surrounded by existing residential development or in
the case of 6A2 it's eastern boundary is the western
boundary of petition 6A3 and will be incorporated into
the overall master plan. Accordingly, these properties
are not representative of strip commercial type
development,
B. Encourage the development of clustered neighborhood and
community commercial centers at arterial and collector
intersections - as previously noted, Congress Avenue is
an arterial and Southwest 23rd Avenue is a collector.
These properties are appropriately sited for non-
res idential use,
C. Response to City staff comments - dated December 10,
1988 :
-2-
1. Issues/Discussion No. 1 staff indicates that
the property is of sufficient size and depth to
permit the development without causing a
significant impact on the adjacent residents. Our
analysis concurs that the proposed conceptual site
plan does provide suitable buffers to interface
with the adjacent residential uses. Additionally
below 6A2 a Lake Worth Drainage Districtright-of-
way of 100' presently exists which provides
further buffering to the south,
2. Issues/Discussion No, 2 - both the traffic studies
of K.S. Rogers, Inc, and Walter H, Keller, Inc.
conclude that the proposed developments will not
have a significant impact on roads in the
vicinity. Additionally, siting of the accesses to
the transportation network as depicted on the
Conceptual Plan are consistent with sound planning
principals,
3. Issues/Discussion No. 3 addresses adequacy of
office supply, While the staff is of the opinion
there is an adequate office supply currently
available, it is our belief the expansion of the
employment opportunities in western Boynton Beach
will create increased demand for office space. The
petitioner has also 'researched the marketability
of the project and is confident the development
proposal will be meeting a need within the
communi ty,
4, Issues/Discussion No, 4 - staff indicates that
the property could be suitably developed into 18
Single-family lots. However, the staff report
also indicates that substantial berming and
reversed frontage layout would be required to
buffer any potential single family development
from Congress Avenue and Golf Road. This
illustrates the existing conflicts occurring on
the site which render the properties unsuitable
for single-family development. It also
illustrates that these properties because of their
small size and location are essentially spot zoned
in their present zoning category and incompatible
with the policies of the Comprehensive Plan.
-3-
5. Issues /Discuss ion No, 5 indicates that
commercial development of these properties at the
intersection would be consistent with the
Comprehensive Plan policies for the location of
commercial uses. Our 'analysis concurs with the
staff"s position that these are suitable locations
for an office-type development,
6. Issues/Discussion Conclusion staff indicates
that office/professional use would not have a
significant impact on the roads in the vicinity
and would be consistent with the Comprehensive
Plans policies with respect to location, The
staff conclusion also states their belief that the
re-zoning would have a significant impact on the
character of the neighborhood and abutting
residential uses.
Our analysis fully concurs with the staff in that
the office uses are suitable uses, they have no
significant impact on the road ways within the
area and they are consistent with the
Comprehensive Plan policies with the City of
Boynton Beach, However, our analysis differs with
the City staff in that we do not believe the
amendments would change the character of the
neighborhood as there are appropriate buffers
being provided for the adjacent properties and
the traffic access plan is oriented away from the
residences.
To summarize the office petitions are consistent
with the policies of the Boynton Beach
Comprehensive Plan; they have no significant
impact on roads in the vicinity; they will meet an
anticipated need for office space within this
vicinity of the community; and they will not have
an impact on the character of the existing
neighborhood,
-4-
6A3 Alhambra Square ACLF
This petition is for a 5 acre parcel east of Alhambra Square
South (6A2), This parcel consists of approximately 5 acres and
is planned for a 130 bed Adult Congregate Living Facility (ACLF).
Our analysis of this petition is based upon the documents
previously noted including the staff ~eport, We conclude that it
is a reasonable use for the property and would provide a suitable
transition from the office proposal to the west to the existing
single-family residential to the east in the south.
Additionally, the Lake Worth Drainage District Canal right-of-way
of 100' provides for an extra buffer for the single family
neighbors to the south. The petition also proposes to close the
roadway bordering the eastern portion of the parcel and form a
cul-de-sac for the single-family home owners in that area.
Additionally, the ACLF buildings are sited within the middle of
the property with buffering and parking surrounding the property
and providing setbacks in excess of 100' from any adjacent
structures,
A, In addition, the following comments in response to the
staff report dated December 9, 1988 are provided:
1. Issue/Discussions No, 1 - staff indicates there
will probably not be any significant adverse
impacts to the surrounding single-family
neighborhood because of the siting of the ACLF.
We concur with this analysis in that there are
adequate separations including the canal south
which provides suitable transitions and buffers to
the adjacent land uses.
2. Issues/Discussion No. 2 - staff indicates that the
petition will not have significant impact on the
roads within the City. We concur with this based
upon review of K.S. Rogers, Inc. and Walter H.
Keller, Inc, traffic assessments for the petition.
Additionally, the ACLFproposes a single entrance
to the site on the Golf Road (Southwest 23rd
Avenue) plus one inter-connecting access to the
office petition to the west. This access plan
will have limited impact to Golf Road with
suitable separation between other accesses
occurring on Golf Road, The access plan as
proposed will not have any adverse impact on the
character of Golf Road and it is suitably placed,
-5-
3. Issues/Discussion No, 3 staff indicates a
variety of existing properties with the proper
zoning in place to permit an ACLF. It is the
petitioner"s belief based upon it"s market
research that this site is ideally suited for
provision of this type of facility for the
communi ty,
4, Issues/Discussion No, 4 - staff indicates that the
property could be developed for 22 single-family
lots, However, staff indicates that extra
ordinary buffering and siting of the homes would
have to occur to protect single-family homes from
the conflicts of Golf Road. The ACLF is sited in
such a way that there will be no conflicts to the
existing property or the adjacent residents
because the facility is sited to the interior of
the parcel with substantial setbacks not only the
existing residential to the east and south, but
also from Golf Road to the north,
- 5, Issues /Discuss ion No. 5 - the siting of the ACLF
is to be consistent with the policies outlined in
the Evaluation and Appraisal Report - dated 1986
prepared by the City for its Comprehensive Plan,
The location of the site is also consistent with
the policies to provide an adequate range of
housing choices; provide a range of land use types
to accommodate a full range of activities and
services; and would also provide a suitable
transition to the existing single-family
neighborhoods to the east, south and north.
SUMMARY
In summary. the Alhambra Square petitions provide a development
concept for the intersection of Congress Avenue and Southwest
23rdAvenue (Golf Road) which will provide an office concept
fronting on Congress Boulevard at the intersection of Golf Road
consistent with the Comprehensive Plan policies for the City of
Boynton Beach and will serve a need for the growing western
Boynton Beach population, Additionally, the
-6-
-_...,-_..~-~-_.._--~~-
Adult Congregate Living Facility
transition in use to the adjacent
will meet a need to serve the growing
will provide
single family
Boynton Beach
a suitable
neighbors and
commun i ty,
These petitions will not detract 'from the character of the
neighborhood and Golf Road which we feel is demonstrated by the
access plan identified on the Charles Putnam & Assoc, plans.
Those plans locate the office access on Congress Avenue and a
portion of Golf Road near the intersection with Congress Avenue
and the ACLF will only have a single access onto Golf Road
thereby limiting any impacts to that facility, In addition,
substantial setbacks & buffers are being provided .
-7-
K.S. ROGERS, CONSULTING ENGINEER, INC.
l495 Forest Hill Boulevard
Suite F
Centre Place Professional Park
West Palm Beach, FL 33406
407-964-7300
November 28, 1988
Mr. Jim Golden
Boynton Beach Planning Department
l20 N.E. 2nd Avenue
Boynton Beach, FL 33425
RE: Milnor Properties
Dear Jim:
At the request
(4) copies of
above referenced
of Mr. Charles Putman we are delivering four
the revised Traffic Impact Analysis for the
project.
Should you have any questions, please call me directly.
Very truly yours,
e::;:
, P.E.
TRAFFIC IMPACT ANALYSIS
MILNOR PROPERTIES
CONGRESS AVENUE & SW 23RD ST
BOYNTON BEACH, FLORIDA
SEPTEMBER 29, 1988
Prepared By:
K.S. ROGERS, P.E.
Fla. Reg. No. 24068
K.S. ROGERS, CONSULTING ENGINEER, INC.
l495 Forest Hill Boulevard, suite F~
West Palm Beach, FL 33406
407-964-7300
rp
LIST OF FIGURES
FIGURE 1
LOCATION MAP
FIGURE 2
EXISTING ROADWAY
CONDITIONS
FIGURE 3
DISTRIBUTED
TRAFFIC
FIGURE 4
TOTAL TRAFFIC
FIGURE 5
A.M. PEAK HOUR
VOLUMES
FIGURE 6
P.M. PEAK HOUR
VOLUMES
APPENDIX
APPENDIX A CAPACITY AT LEVEL
OF SERVICE IID"
THRESHOLD VOLUMES
APPENDIX B THESHOLD VOLUMES
FOR SIGNIFICANT
IMPACT
APPENDIX C HISTORICAL GROWTH
APPENDIX D MAJOR PROJECT LIST
APPENDIX E CAPACITY ANALYSIS
INTRODUCTION
This office has been retained to prepare a Traffic Impact
Analysis for a mixed use commercial and residential project at
the intersection of Congress Avenue and S.W. 23rd Avenue, in
the City of Boynton Beach, Florida. This Analysis has been
performed in order to determine the volume of traffic expected
to be added to the roadway system as a result of the approval
of this project, the effect that this traffic will have on the
capacity of the roadways in the area of the project and what
roadway improvements, if any, are necessary as a result of the
approval of this project. In addition, in conformance with
the policy of the City's Planning Staff, this Analysis has
been performed in accordance with the standards and criteria
as established in the City's Zoning Code and in the Palm Beach
County Traffic Performance Standards Ordinance #87-l8.
Existing traffic counts, which were available from the
Metropolitan Planning Organization and the Palm Beach County
Traffic Division, were used when applicable and these counts
were augmented by twenty-four (24) hour machine and peak hour
turning counts performed by this office.
SITE INFORMATION
According to the site plan, as prepared by Charles Putman
and Associates, the petition comprises two sites. A 4.0 acre
parcel on the northeast corner and a 10.4 acre parcel on the
southeast corner of Congress Avenue and S.W. 23rd Avenue. A
two story 66,600 square foot professional office building is
planned on the northeast corner. On the southeast corner, a
two story 57,800 square foot medical office building, a 3,000
square foot branch bank with three drive-in teller windows and
a 250 bed adult congregate living facility (ACLF) are planned.
The site is located in relation to the major roadways in
Figure l.
EXISTING ROADWAY CONDITIONS
As previously stated, there are two major roadways which
provide access to this site. Congress Avenue, adjacent to
this site on both sides of S.W. 23rd Avenue, is being widened
to a six lane divided roadway. This major reconstruction,
which is being performed by Palm Beach County, extends from
Boynton Beach Boulevard to the Lake Worth Drainage District
Canal L-28 (north boundary of Hunter's Run). Palm Beach
County is also presently widening the section of Congress
Avenue from the L-30 Canal to Delray West Road to a six lane
divided roadway. Congress Avenue, between the L-28 and the
L-30 Canals, is a four lane divided roadway and is scheduled
to be widened by Palm Beach County in fiscal year 1991 - 92.
The other major road providing access to this site is
S.W. 23rd Avenue. S.W. 23rd Avenue is a two lane collector
roadway which connects u.s. 1 and Military Trial.
The existing roadway average annual daily volumes and the
roadway capacities in the project study area are shown in
Figure 2.
GENERATION
The generation rates used for this mixed use project were
obtained from "Trip Generation - Fourth Edition", Institute of
Transportation Engineers, 1987 and from an in-house generation
study for an ACLF. The generation rates used in this Analysis
are as follows:
-2-
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TABLE 1
GENERATION RATES
LAND USE
RATE
ACLF
MEDICAL OFFICE
PROFESS. OFFICE
BANK
2.5 tpd/bed
Ln(T) = l.18Ln(x)+2.78
Ln(T) = 0.75Ln(x)+3.77
500 tpd/drive-in window
As in any mixed use development, a portion of the total
traffic is expected to stay within the development. For the
purposes of this Analysis, the following internal traffic
rates shall be used:
TABLE 2
INTERNAL TRAFFIC RATES
ACLF - MEDICAL OFFICE
ACLF - PROFESSIONAL OFFICE
MEDICAL OFFICE - BANK
PROFESSIONAL OFFICE - BANK
5% of ACLF
3% of ACLF
3% of MED. OFF.
5% of PROF. OFF.
The
generated
indicating
average daily external traffic volumes expected to be
by this site at buildout and 100% occupancy
maximum impact can be calculated as follows:
TABLE 3
GENERATION
LAND USE
TOTAL
GENERATION
INTERNAL
GENERATION
EXTERNAL
GENERATION
ACLF
MED. OFF.
PROF. OFF.
BANK
625
1934
lOll
l500
5070
49
89
69
l09
316
576
l845
942
1391
4754
-3-
Ordinance # 87-18 recognizes that 20% of the traffic
generated by banks is considered to be "captured traffic".
That is, traffic which is attracted to the site from the
passing stream of traffic and is not actually additional trips
to the roadway network. TABLE 4 shows the calculation to
determine the actual number of additional trips this project
is expected to add to the roadway network:
TABLE 4
CAPTURED TRIP ADJUSTMENT
278
278
ACTUAL
GENERATION
576
l845
942
1113
4476
LAND USE
ACLF
MED. OFF.
PROF. OFF.
BANK
EXTERNAL
GENERATION
576
l845
942
139l
4754
CAPTURED
TRIPS
The total, average, daily traffic calculated for this
project at full buildout and lOOt occupancy is 4476 trips per
day.
TRAFFIC DISTRIBUTION
The traffic distribution
according to an examination of
patterns in the project study
this area were obtained from
for this project was prepared
population patterns and travel
area. population patterns for
information published by the
Metropolitan Planning Organization. Based upon the
proceeding, the traffic distribution for this project was
determined and is shown below:
NORTH
EAST
SOUTH
WEST
37.6%
l4.9%
27.9%
19.6%
-4-
The distributed traffic volumes for this project are
shown in Figure 3. In accordance with the Traffic Performance
Standards Ordinance, the distributed traffic was brought four
miles from the site, or until the project generated less than
l% of the capacity of the roadway (Insignificant Volume).
EFFECT ON CAPACITY
The Palm Beach County Traffic Performance Standards
Ordinance delineates very specific criteria which must be met
prior to any Rezoning or Special Exception Request being
approved. Petitions are classified as being either a
"Significant Project" or "Insignificant Project" according to
the project impact on roadway links and the capacity of the
impacted roadway links.
A "Significant Project" is defined by Ordinance #87-l8
as a project which generates more than one percentum (l%) of
the threshold volume at Level of Service "D" on any link with
the project's radius of development influence. The threshold
volumes for "Significant Projects" are shown in APPENDIX B.
For a two lane road, the threshold volume for a significant
impact is l3l trips per day, is 300 trips per day for a four
lane divided roadway and/or five lane undivided roadway, and
464 trips per day for a six lane divided roadway.
Reviewing the project volumes in Figure 3 with the
threshold volumes in APPENDIX B, it is seen that this project
creates a significant impact on the following roadway links:
-5-
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DISTRIBUTED TRAFFIC
dole
SEPT 88
figure
3
TABLE 5
SIGNIFICANT IMPACT
CONGRESS AVENUE
S.w. 23rd Avenue to Boynton
Beach Boulevard
S.W. 23rd Avenue to Lake Ida Rd.
Congress Avenue to Military Tr.
Congress Avenue to 1-95
CONGRESS AVENUE
S.W. 23RD AVENUE
S.W. 15th AVENUE
It is concluded that this project is classified as a
"Significant Project" according to Ordinance #87-l8.
A "Significant Project" must pass two tests in order to
be approved. The first test is the Link Test.
The Traffic Performance Standards Ordinance requires
that for any roadway link for which the project creates a
"Significant Impact", the total traffic on that roadway link
must not exceed capacity during the buildout period for the
project.
The buildout period for this project has been established
as mid 1991 by the Developer and owner / operator of the
facility. Thus, to meet the Link Test, the total traffic on
the links listed in TABLE 1 should not exceed capacity during
the buildout of the project (during 1991).
The total traffic is defined as the sum of the existing
average, annual, daily traffic, the project traffic plus the
background traffic. The background traffic is further defined
as the sum of the historical growth, plus traffic generated by
Major Projects, which are in excess of lO% of the capacity of
the affected roadway link. The total traffic volumes are
shown in Figure 4.
-6-
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west palm beach, fl
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frgure
4
The 1991 projected traffic has been determined by taking
the sum of the 1988 AADT, plus the projected historical
growth, plus the traffic generated from Major Projects which
are in excess of 10% of the roadway's link capacity. The
historical growth calculations are shown in APPENDIX C. The
major project traffic volume calculations are shown in
APPENDIX D.
A review of the available information did not reveal any
major projects which would generate more than 10% of the
capacity of any road link on which this proposed project would
create a significant impact within the buildout period. Thus,
the background traffic shall be comprised of the historical
growth.
The total traffic volumes for the buildout year of 1991
are shown with the roadway capacities in Figure 4. Reviewing
the total volumes and the roadway capacities in Figure 4, it
is seen that on the roadway link which this project creates a
significant impact, the total traffic does not exceed
capacity. Therefore, this Application meets the Link Test.
PEAK HOUR
The second test that a "Significant Project" must meet is
the Intersection Test. This test requires that all major
intersections within the radius of development influence be
analyzed through which the project generates lO% or more of
the total traffic on any link of the intersection. Further,
no intersection, as above described, could have an average
peak hour volume that exceeds threshold Level of Service "D"
during the buildout period.
-7-
Reviewing the volumes in Figure 3, it is concluded that
this project does generate more than lO% of the total traffic
on a link to the intersection of Congress Avenue and S.W. 23rd
Avenue. Thus, a capacity analysis for this intersection will
be required.
In
turning
traffic
addition, the Ordinance requires
movements shall be analyzed where
meets the directly accessed links.
that
the
peak hour
project's
The peak hour volumes generated
calculated in order to determine
improvements, if any, will be required.
by this project were
what site related
The peak hour generation rates were also calculated based
upon information obtained from "Trip Generation". The peak
hour generation rates used for this project have been
determined to be:
PEAK HOUR - A.M.
IN OUT
ACLF 0.073 tr./unit x 250 = l8 12 6""
MED. OFF. 1. 633 tr./lOOO s.L = 94 53 4l
PROF. OFF. Ln(T) = 0.86Ln(xl+1.34 = l4l l22 19
BANK 6.765 tr./lOOO s.L = 20 l2 8
6.09 (xl + 2.0 273 199 74
PEAK HOUR - P.M.
IN OUT
ACLF 0.202 tr./unit x 250 51 28 23
MED. OFF. 3.626 tr./lOOO s.L 209 57 152
PROF. OFF. Ln(Tl=.83Ln(x)+l.46 l40 22 118
BANK 12.59 (x) + 93 l3l 64 67
5TI 171 360
-8-
The peak hour volumes are shown in Figures 5 and 6.
A review and an analysis of the volumes shown in Figures
5 and 6 concludes that a left turn lane and right turn lane on
S.W. 23rd Avenue, west approach, at the project's west
driveway should be constructed to accommodate the traffic
entering the site. Also, the west driveway on the south side
of Gulf Road should be constructed to two exit lanes to
accommodate left turning vehicles.
CONCLUSION
This proposed l4.4 acre mixed use development is expected
to generate an average of 4476 additional trips per day on the
area's roadway system.
Although this project is classified as being a
"Significant Project", it is concluded that the total traffic
on any link upon which this project creates a significant
impact does not exceed capacity during the project's buildout
period. This project, therefore, can be approved in
accordance with the Palm Beach County Traffic Performance
Standards Ordinance #87-l8.
-9-
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engine0r, inc. AM PEAK HOUR VOLUMES figure
west palm beach, fl
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enginesf, Inc. PM PEAK HOUR VOLUMES figure
wp~,f pdm beach, fl 6
APPENDIX "B"
THRESHOLD VOLUMES FOR
SIGNIFICANT IMPACT
THOROUGHFARE TYPE
MINIMUM VOLUME
(TRIPS PER DAY)
Two lane 131
Four lane (Divided) 300
Five lane (Undivided) 300
Six lane (Divided) 464
Eight lane (Divided) 600
Six lane (Expressway) 950
APPENDIX A
THRESHOLD VOLUMES
LEVEL OF SERVICE "D"
(AVERAGE DAILY TRAFFIC)
ROADWAY TPD
Two Lane l3,lOO
Four Lane Undivided 27,800
Four Lane Divided 30,000
Five Lane Undivided 30,000
Six Lane Divided 46,400
Eight Lane Divided 60,000
Six Lane Freeway 95,000
APPENDIX
APPENDIX C
HISTORICAL GROWTH CALCULATIONS
MILNOR PROPERTY
HISTORICAL
GROWTH 1988 1989 1990 1991
ROAD / LINK FACTOR AADT AADT AADT AADT
CONGRESS AVENUE:
S.W. 23rd Ave.
to S.W. 15th 1.186 23,896 28,340 33,612 39,836
S.W. 15th to
Boyn.Bch.Blvd. 1.186 20,678 24,524 29,086 34,495
S.W. 23rd Ave.
to Lake Ida Rd. 1. 067 16,072 17,149 18,298 19,523
S.W. 23RD AVENUE:
Site to Congress 1.094 8,892 9,728 10,642 11,643
Congress to
Military Trail 1.074 9,315 10,004 10,745 11,540
Site to Seacrest 1. 042 10,246 10,749 11,200 11,671
WOOLBRIGHT ROAD (S.W. 15th Avenue)
Congress to I-95 1. 091 17,468 19,057 20,792 22,684
APPENDIX D
MILNOR PROPERTY
MAJOR PROJECT TRAFFIC
A. LIST OF MAJOR PROJECTS IMPACTING ROADWAY
LINKS WITHIN PROJECT STUDY AREA:
l. Quail Lake West
2. Quantum Park
3. Motorola
B. TRAFFIC FROM ALL OF THESE MAJOR PROJECTS
WERE NOT INCLUDED IN THE MAJOR PROJECT
DISTRIBUTION FOR THE FOLLOWING REASON:
l. All of the projects are expected to generate less than
l,3l0 trips per day on both S.W. 23rd Avenue, between Military
Trail and Seacrest Boulevard and 4,640 trips per day on
Congress Avenue, between Boynton Beach Boulevard and Lake Ida
Road, during the buildout period of this project.
EXHIBIT E-l
TRANSPORTATION ReSEARCH CENTER
CRITICAL MOVEMENT ANALYSIS
CONGRESS & SW 23 AVE
DATE AM PEAK
**********************************
LEVEL OF SERVICE B
SATURATION 60
CRITICAL NIS VOL 408
CRITICAL Elw VOL 579
CRITICAL SUM 987
*************************************
LANE
NORTHBOUND
MOV WIDTH
LANE GEOMETRY
SOUTHBOUND EASTBOUND
MOV WIDTH MOV WIDTH
WESTBOUND
MOV WIDTH
1
2
3
4
5
6
l2.0
12.0
l2.0
12.0
RT.
T. .
T..
L. .
. . . .
RT. l2.0
T. . 12.0
T. . l2.0
L.. 12.0
. . . .. .-
. ..
RT.
L. .
.. .
l2.0
l2.0
RT. l2.0
L.. l2.0
. . . . . . .
. . . . . . .
.. . . . . .
. ..
. . . .
NORTHBOUND
TRAFFIC VOLUMES
SOUTHBOUND EASTBOUND
WESTBOUND
LEFT
THRU
RIGHT
77
403
62
TRUCKS (%)
5
5
5
5
NORTHBOUND
SOUTHBOUND
EASTBOUND
WESTBOUND
PHASING N/S
E/W
PEDESTRIAN ACTIVITY
CYCLE LENGTH
:4.
:4.
: 1.
: 90
203
75l
llO
LOCAL BUSES (#/HR)
o
o
o
o
l23
265
95
l71
243
129
PEAK HOUR FACTOR
.9
.9
.9
.9
BOTH TURNS
BOTH TURNS
o
PROTECTED (WITH OVERLAP)
PROTECTED (WITH OVERLAP)
- 99 (#PEDS/HR)
CRITICAL LANE VOLUMES BY MOVEMENT
NORTHBOUND SOUTHBOUND EASTBOUND WESTBOUND
THRU -RIGHT 196 363 419 433
LEFT 45 199 lOI 160
LEFT TURN CHECK
NORTHBOUND SOUTHBOUND ~ASTBOUND WESTBOUND
INPUT VOLUME 77 203 123 171
ADJUSTED VOL 45 199 10l l60
CAPACITY 0 0 0 0
MOVEMENT N/A N/A N/A N/A
SECONDS
EXHIBIT E-2
TRANSPORTATION RESEARCH CENTER
CRITICAL MOVEMENT ANALYSIS
CONGRESS & SW 23 AVE
DATE PM PEAK
**********************************
LEVEL OF SERVICE B
SATURATION 56
CRITICAL N/S VOL 387
CRITICAL E/W VOL 540
CRITICAL SUM 927
*************************************
LANE
NORTHBOUND
MOV WIDTH
LANE GEOMETRY
SOUTHBOUND EASTBOUND
MOV WIDTH MOV WIDTH
WESTBOUND
MOV WIDTH
1
2
3
4
5
6
RT.
T..
T. .
L. .
l2.0
l2.0
l2.0
l2.0
RT. l2.0 RT. l2.0
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T. . l2.0 . . . .
L. . l2.0
RT.
L. .
l2.0
l2.0
NORTHBOUND
TRAFFIC VOLUMES
SOUTHBOUND EASTBOUND
WESTBOUND
LEFT
THRU
RIGHT
l06
570
86
130
358
94
83
216
49
104
264
155
NORTHBOUND
SOUTHBOUND
EASTBOUND
WESTBOUND
TRUCKS (%)
5
5
5
5
LOCAL BUSES (#/HR)
o
o
o
o
PEAK HOUR FACTOR
.9
.9
.9
.9
PHASING N/S
E/W
PEDESTRIAN ACTIVITY
CYCLE LENGTH
:4.
:4.
: 1 .
90
BOTH TURNS
BOTH TURNS
o
PROTECTED (WITH
PROTECTED (WITH
- 99 (#PEDS/HR)
OVERLAP)
OVERLAP)
SECONDS
CRITICAL LANE VOLUMES BY MOVEMENT
THRU -RIGHT
LEFT
NOR'l'HBOUND
277
80
SOUTHBOUND
l89
110
EASTBOUND
309
52
WESTBOUND
488
78
LEFT TURN CHECK
INPUT VOLUME
ADJUSTED VOL
CAPACITY
MOVEMENT
NORTHBOUND
l06
80
o
N/A
SOUTHBOUND
130
110
o
N/A
EASTBOUND
83
52
o
N/A
WESTBOUND
l04
78
o
N/A
fl ] L NOR
COR P 0 RAT ION
1/407 S.W. 25th Place
P.O. Box 3939
Boyntun Beach, Florida 33424-3939
September 30, 1988
Mr. Charles Putman
Charles Putman & Associates, Inc.
4722 N.W. Second Avenue (C-106)
Boca Raton, Florida 33431
Dear Mr. Putman:
This letter will serve as your authority to represent the Milnor Corporation,
which is the owner of approximately five acres of vacant land at the northeast
corner of Golf Road and Congress Avenue, in the City of Boynton Beach, for any
matters that may arise at the Planning and Zoning Department or at City Council
for the prupose of modifying the land use and rezoning of Mi1nor Corporation's
property.
If there is any further information needed by the City, please do not hesitate
to call our office.
President
NJM/aps
,._. STATE OF FlORIDA.H 'lIH ""U"U-!' I") J'Olt ""l"
"AMI 0' OWN". ADDUU. D1lWl11wliM flQ,UIY AHD QIHUJHfQJM!I1AH
II" OUI'I"
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STATI OF nO.IDA
~__"_ ...r
Traffic Analysis
of the
Traffic Report Submitted for
MJi[JID.(Q)Jf JPJf(Q)IP~Jf1tJi~$
December, 1988
Analsysis Prepared for:
The Planning Department
City of Boynton Beach
Analysis Prepared by:
WALTER H. KELLER JR., INC.
Consulting Engineers & Planners
10211 West Sample Road. Suite 204
Coral Springs, Florida 33065
(305) 755-3822
I. INTRODUCTION
Walter H. Keller Jr., Inc. has been retained by the City of Boynton Beach to analyze
and review the Traffic Impact Analysis submitted for the proposed development of the
Milnor Property in the western section of the City. The site is comprised of two
parcels including a 10.4 acre parcel at the southeast corner of Congress A venue and
SW 23rd Avenue and a 4.0 acre site located at the northeast comer of the same
intersection.
The proposed development includes 66,000 square feet of professional office space on
the 4,0 acre site and 57,800 square feet of medical office space, a 3,000 square foot
bank with 3 drive-in windows and a 130 bed adult congregate living facility on the 10.4
acre site. Existing zoning allows for the construction of 79 multi-family units.
This report reviews the methods utilized in the analysis of future traffic impacts and
provides recommendation as to conformance with Boynton Beach and Palm Beach
County zoning and traffic impact requirements.
IL TRAFFIC ANALYSIS METHODS
Trip Generation
Estimates of daily and peak hour traffic generated from the proposed site were
calculated utilizing the 4th Edition of the ITE Trip Generation Manual. The volumes
generated in this analysis are compared to those shown in the submitted report on
Table I, below. The comparison indicates that the submitted report overestimates
both daily and peak hour traffic.
Table 1. Trip Generation Comparison
WHK Analysis
Land Use ADT AM PM
ACLF 273 8 22
Medical Office 1,934 94 209
General Office 1,011 141 140
Drive-In Bank 954 15 135
Total Trips 4,172 258 506
Internal Trips 179 11 15
External Trips 3,993 247 491
Captured Trips 190
New External Trips 3,803 247 491
Source: Walter H. Keller Jr., Inc.
4th Edition ITE Trip Generation Manual
Trip Distribution
Submitted Analysis
ADT AM PM
325 9 26
1,934 94 209
1,011 141 140
1,500 20 131
4,770 264 506
269
4,501 264 506
278
4,223 264 506
A directional trip distribution analysis was performed from the site onto the local
roadway network utilizing Palm Beach County MPO data. A comparison of the results
to those in the submitted report on Table 2, show almost identical results.
Table 2. Trip Distribution Comparison
WHK
Direction Percent
North 35%
South 15%
East 30%
West 20%
Source: Walter H. Keller Jr., Inc.
K.S. Rogers Inc.
-2-
Submitted
Percent
37.6%
14.9%
27.9%
19.6%
Programmed Improvements
The submitted report includes three (3) programmed improvements in the study area,
all of which are on Congress Avenue. Two of these improvements, on Congress
Avenue from Boynton Beach Boulevard to the L-28 Canal and on Congress Avenue
from L-30 Canal to Lake Ida Road, are underway and will be complete prior to project
buildout. Based on a conversation with the Palm Beach County Engineering Division
the third improvement, Congress Ave from the L-28 to the L-30 Canal, is still
scheduled for construction in Fiscal Year 1991-1992, as documented in the submitted
report.
Project Impact
Based on the trip generation and distribution analyses, daily trips were assigned to
the local roadway network. Utilizing the criteria in the Palm Beach County Traffic
Performance Standards Ordinance, six links are classified as being "Significantly
Impacted". These links include:
. Congress Avenue from Boynton Beach Boulevard to SW 15th Street
. Congress Avenue from SW 15th Avenue to SW 23rd Avenue
. Congress Avenue from SW 23rd Avenue to Lake Ida Road
. SW 15th Avenue West of Military Trail
. SW 15th Avenue from Congress Avenue to 1,95
. SW 23rd Avenue from Congress Avenue to Seacrest Avenue
These same links are identified in the submitted report and the results of both studies
indicate an analysis of traffic impacts at project buildout must be performed.
Background Traffic
The Palm Beach County Traffic Performance Standards requires background traffic to
consist of three elements, existing traffic, traffic generated by previously approved, yet
unconstructed, projects and incidental traffic indicated by areawide historic traffic
growth patterns.
Existing traffic counts are provided on Figure 4 in the submitted report. A portion of
the traffic volumes shown are provided by the Palm Beach County Metropolitan
Planning Organization, while the traffic counts adjacent to the site are assumed to be
-3-
performed by the submitting consultant. No supplemental traffic counts are provided in
the appendix.
The submitted report indicates three year increases of traffic volumes ranging from
sixty-six to twenty-one percent on Congress Avenue, from thirty-one to thirteen
percent on SW 23rd Avenue and thirty percent on Woolbright Road. These increases
are based solely on historical background data. Although there are four developments
in the study, the submitted report indicates the developments do not impact any
roadway by more than ten percent of LOS D threshold capacity. The four
developments include:
. Quail Lake West
. Quantum Park
. Motorola
. Boynton Beach Mall
Projected Daily Traffic Impacts
The assessment of projected daily traffic provided in the submitted report shows that
none of the "Significant Links" in that report are operating at LOS D, or worse, at
project buildout. This condition indicates no offsite roadway improvements are
required by local ordinances.
Projected Peak Hour Traffic Impacts
Based on the Palm Beach County Traffic Performance Standards, peak hour traffic
impacts at the SW 23rd Avenue/Congress Avenue must be analyzed. The submitted
report provides analysis at this intersection indicating no required improvements. The
volumes utilized in this analysis were found to be within six to eight percent of the
projected daily volumes, which is an adequate representation of peak hour travel. The
report does indicate that an exclusive eastbound left and right turn lane and an
exclusive northbound left be constructed at the west project entrance intersection with
SW 23rd Avenue.
Conformance with City and County Standards
The City of Boynton Beach requires a traffic impact analysis be performed for any
rezoning proposal that would generate more than 3,000 trips over and above existing
zoning. All major roadways and intersections within 1.5 miles shall be addressed in
-4-
the impact analysis and shall follow the standards and guidelines as provided in the
Palm Beach County Traffic Performance Standards Ordinance.
According to the County Performance Standards, no development order may be issued
if a roadway link is impacted by more than one percent of Level Of Service "C" (LOS
C) capacity when that link operates at LOS D, or worse at project buildout. The
Ordinance also stipulates that no development order shall be issued if any
intersection, adjacent to a link where project traffic represents ten percent or more of
total traffic, is operating at LOS E or worse at project buildout.
Based on the trip differential of the proposed rezoning and the traffic impacts of the
proposed project, both the City Zoning Code and the County Traffic Performance
Standards require an analysis of future traffic impacts. The projected roadway and
intersection analyses provided in the submitted report indicate that the project is in
conformance with local standards and may be approved without offsite improvement.
,5-
III. Summary
The firm of Walter H. Keller Jr., Inc. has analyzed and reviewed the submitted traffic
impact analysis for the proposed rezoning of the Milnor Properties in western Boynton
Beach. Based on the trip generation analysis performed in both studies the proposal
would increase traffic generated from the site by approximately 3,700 to 4,100 vehicle
trips per day. This review of the submitted report considered the various traffic
analysis procedures as follows:
Trip Generation
The number of trips generated by the applicant are
reasonable.
Trip Distribution
The trip directional splits submitted by the applicant are
reasonable.
Programmed Imprvmnts The roadway improvements documented in the submitted
report are correct.
Traffic Assignment The applicant's assignment of project traffic is reasonable
based on the above trip generation and distribution.
Background Traffic The applicant's submittal does not provide documentation on
the background traffic analysis. Supporting information
should be submitted by the applicant to document existing
traffic counts collected, historical traffic growth and the
generation and assignment of approved projects.
Future Traffic Impacts Subject to the submission by the applicant of the background
traffic documentation as provided above, the applicant's
future traffic impact analysis is reasonable.
Conformance Subject to the submission by the applicant of the background
traffic documentation as provided above, the report is
consistent with both City and County requirements,
-6,
MEMORANDUM NO. 91-508
October 16, 1991
TO:
Tambri Heyden, Senior Planner
FROM:
Jay D. Mussman, Assistant City
fYi\\hr\ I '\0,.2/
Attorneyy!VH ,~
RE:
Declaration of Covenants and
Restrictions for Alhambra Square
Attached is a copy of a letter I received from Peggy L.
Carry, dated October 10, 1991, together with copies of the
original recorded Declaration of Covenants and Restrictions
for Alhambra Square, for your files.
JDM/ras
Enc.
RECEIVED
Qel 1'1
PLANNING DEPT.
-
-
LAW OF"F"JCES OF"
ROBERT A. EISEN
SUITE 103. CO~PO~ATe: PLAZA
4700 NO~THWEST BOCA RATON eOuLEvARO
BOCA RATON. FLORIDA 33431
ROBERT A. EISEN
PEGey L. CARRY
THOMAS A. eERGER
BOCA RATON (407) 994 - 2090
WEST PALM BEACH (407) 738. 0388
BROWARD (305) 760 - 9088
FAX (407) 241-1510
MARK A RIGAU.
. P~"'N""INC CONSU~TANT
October 10, 1991
Jay D. Mussman, Esquire
Joaiaa , Goren
3099 Eaat commercial Boulevard
suite 200
ro_ lAuderdale, FL 33308
Re: Declaration of Covenants and
Restrictions for Alhambra square
Dear Jay:
Enclosed herewith please find photocopy of original recorded
Declaration of Covenants and Restrictions for Alhambra Square. I
am sorry we did not forward a copy of this recorded document
to you sooner. You will note that the record titleholder and
signatory for Alhambra square North is Milnor Corporation, and
the record titleholders and signatories for Alhambra Square South
are Norman J. Michael and Elishka E. Michael. These are correct
and are in accordance with the certificate of Title prepared by
Michael M. Listick, Esquire, in which he states that the owner of
Parcel I is Milnor corporation, a Florida corporation, and the
owners of Parcel II are Norman J. Michael and Elishka E. Michael,
his wife. This Certificate of Title was previously forwarded to
you.
I trust that this clarifies the ownership of the parcels to
your satisfaction, and we may now proceed with closing out our
files on this matter. It has been a pleasure working with you.
PLC: lm
Enclosure
cc: Norman J. Michael
(c:mussman.ltrjlm)