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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 ~oey l"1\}:::.W , ~1~1 ~"1Z- ~ 7" 2- t ~(~ ~,~~ v~,~~~.... o( v-osl;, -rCl>~ ~~ ~ r Ccuulilb<>sS' -hr -ho. ~.'- ~ r~\ \ -:::> cY\ Q-e" A:eSc. e.ov ~o\\ 737 - Z. 7 B'- ~" c.~r~ .-- A\"'o,,^"J~ Q < -..l9vQ.:Q.. / fH U=- <:; L::: ( (' C ,,"'-J c-f ( ') 1\') (-<,s S c~~d S' (,--.) '? ~" ~ S ~ (2 \ A t> (\J1-~ ~ - ~ ~5tpJC',~x, - ~~\ '-0o,M\- '\0 <k ""~ \...'-~':)lL",-~~\.~ \ \\V'VJ c.<.~A-t- A eLF 4~_l t L F ~ VJS kc, "'-, -+ ~ c:,-k:\., ,""C; lhr-c ~~ L'1'b v(-\,t<; =- ~~ ~~,,' \ \ PQ,\z ~'\ ') "'" yo. ~ ( D .""L,,,c, ,,",t- 0" ~\,~ 'S~. ,<.\ - C:\-'\,,';\C.\-'-l.h~~ (,,: \"',~\N.,~ <;.C\" '" ,l" J cc"-- Dr,l, bo!, \~ ''2, S'\-v\ l.q,1. ~ <, l'<cnC s~', ~c,,~\ p- ~f ( 5' S \c" ____ ,- W \,..0. \se\ b, k ~k~.Q') ~'t)N\,2 b'l 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 // , , , / i.. 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 - 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) > i, I' U", .RECEIVED ; NOV 14 1990 PLANNING DEPT. -, ~ . - ..~ ...... 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.,;, .y:..#-I~" ! " , ,. (f ./ ..",~........,.l:'...... 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. .. 'H,t. , .,~~ " ~ .~ .iW:,' X 1 '" "I ';r'~ ::, , & ., *, .. * ;j ",'( .~ " ~,n ,::" ~~L~ ~;", 'f i ~ :;~ :' Ill' s ' .. :;? ,y:." Pi ',' '%' * "t'l..... t, Jz. --<< ti & ,~",: t "..~. ., " 4, 1 ::y; " z }:::: , " "\ :-;'.': $'~ .~. " .. 1 .. ''i.' .~; .\ :.;.:; <<- ,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. /' , ~ ~ ,~ " ~ t2JS/' L [ .'C i[ ,iC 'iC !:: '" -' W I- <C a: o lJ. a: o () 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 'Dp,...,..... ..1.\..-1..{ ~\ ~'J 11"";- t":- '. , ""'..f...i~'.. 'V .l ! ': '-, JAN !j "'0, I ~: PLANNJ"G: ., ' 'l D,i.:.Pf. ---------- J-s-~4 C-~ &Jl~&.acD ~ ': ~~~~ ~ 'iVt~ ~~v ~~ 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- ,,<..,~ ~ sn ci > -' lD '3^," J.S31:l0Y3S W > < W S/I - I > 4. J: t- '" 0 Z ;; '" , '" (J) ., ' L L I '3^Y SS31:lElNOO z J: ci 0 () I t- < 0 II: Z UJ I II: >- lD ;; 0 I w Z lD I ... < 'QI:l 30N31:lMY' I en g I I I I I I u. -' UJ I I 0 " 0 " < I -' -' 0 '1'lf1:lJ. AI:l'lfJ.IlIl'j z 0 t- Z >- 0 lD 11 \ .. , k, s, rogers, consulting engineer, inc. west palm beach, fl LOCATION MAP date SEPT 88 figure 1 '3^\I '3^\I 'a~ J1 ~ sn lS3~:J\l3S w '" <t S6 - I o z '" '" "'10 <;,. ~ 0 It "'0 "'0 "'''' ci > -' CD ~~ ~'" ~~ 0) 0 ~ ~Ig 00 c( CON .....0 lOt') OV (\IN "'~ ~~ "'0 "'0 "'''' "'''' "'''' T "0 Z I "'''' 0 () 0'" I >- < "'''' z w I >- CD T 3= 0 "'0 I z CD "'''' I "'''' "'''' I 30N3~M\ll I I I I I I I 0 I I -' 0 ll\l~l z 0 >- z >- 0 CD k, s rogers, consulting engineer, Inc west palm beach, fl \ , , ~;g "'0 "'''' 3= ~ ~ '" ~I~ ~~~ "'- ~Ig 0'" f':: ~~ . . w ~Ig > "'~ <C( co~ I >- "' ~Ig "'0 ,,0 ~'" 3= '" "'10 "'0 "'''' "'''' ' "'''' 0 '" -- ~'" ~~ SS3tHlN00010 "'0 "'''' ' "'''' 0 ~'" '" ^~\llIlIVi EXISTING ROADWAY CONDITIONS "'10 "'0 "'- 01'" -~ w !:: rn "- -' o Cl "'10 ",0 "'0 "'0 ~'" "'10 ",0 "'0 "'0 -'" >- !:: () < ll. >-< O() ~o. -'0 Cl o. C zIU) Z ;: '" 0 UJ ~ ~...J C) XXI- UJ WI-CC -' "'10 ",0 ~;;; "'- -10 "'0 "'- "'''' ~~ ~Ig "'10 ~:; ~o C\I-.:t "'~ "'" < -~ o w '" < -' . w . '" 0 -' >- < >- !:: () >-< zll. :>< o() ()o ",-' <0 WI ll."' W "-'" "-I 0>- '" ~- w ~.. >- ~~ 0 z dote SEPT 88 figure 2 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- ..'.'.' I sn o > ..J OJ w " ~ ~\~ '3^V !S31:1:JV3S w > "'- "'\0 ...... "'~ "'~ ~ ~I'" > 0>'" << ~'" :r >- "' "'10 '" "'0 '" T :::'" 0 ...\0 ...'" z "'0 -... '" '" "'''' ;;: " "'['" '" <J1 ~, ~ \ 0"' . . ...... '3^V "'\... "'\'" SS3I:1DNO:J z :r "'''' "'", "'... 0 0 '"' ~... 0 >- <C I a: z w I a: >- '" ;;: 0 " , W '" "'\... z ~'" I t- "'... t Cii <C '01:1 3:JN3I:1MVl I ~'" 0 "'~ I I , , I I ... ..J W , " I 0 " 0 010 C> << I ..J "'0 ..J 0 "'''' llVI:I! 'r ...\0 A 1:1 V !IlIVi z "'0 1'-0 0 "'''' "'''' >- "'r z "'''' >- >- ~~ '"' 0 <C>- OJ wo.o ::;::;<< -11. ~~t-:::!: u.-l~- u.O.ot1- <>oz tt.o-c( J1 I--,~() '\ >-Oz- 0 t,)IeI!:!:. " wooQ5Z , Z -,w C> W Oa:.([- (!) a::I:O~ W o.......u.- -' "'j'" "'", .. ~... k, s, rogers, consulting engineer, inc. wes! pol", beach, fl 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- . sn o > -' 1Il 3^W lS3~~W3S So uJ - I :> .. 3^W 'a~ 11 o Z N N '" '- "'I(O)~. ,...,-COCO.... CD<X)CO(") 0," '" N_ '" ~ z 30N3~MWl I , , I J k s, rogers, consult ing engineer, Inc. west palm beach, fl w > .. :I: ~~~I~ t- 'O:t'(\l<o('I')~ Ii) r-..LO.... 'It:' <0 (") ml'" _ (\I'" ~ ~ ~ ~ 0_ N - - ;; (f) z o '" z > o OJ J: ~ /1 ~ ~~~I~ ,I a:)0)0)f'-.. C":) lO (\/ (\j I "'- "' I , , I J o -' o llW~l z o '" z > o OJ \ -\ , [' ~ : / o a: u. -' o '" lU I- (f) ~~~I~ C")C\lQJe? OlN N - <.l u. <.l ~ u. a: u. '" ~~ 0 I-I-~ ~ 00 c( () c(zo:.w ct: ~ I- ..., o ",0",0 z zO:::o II: lU -Clwa. t-~.., ..... Cl ~ (J 00) UJ x<a: 0) ...J UJaJo...... "'0"'1"' 0) '<t I{) 0) co 0> 0> r-.. (")!.ON C\l "'- "' TOTAL TRAFFIC "''"01'" r--.It)f'- m 0"1'(0.... "'''' 0 - N SS3~~NO~ ^~W IlllV1 o a: .. o w '" .. ..J dote SEPT 88 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- ,- ui > < i-----l I I I I '" '-~ I ",€ :: I ~ I I I ~ I ~"'~ "'01'" '-(919 I " ~~~ I------;r~ -(~ l~ ,(€~IC~ I I H H J ~b' I (~l~ - (0~10~, m6oo:1' I I ~oo; I Ol~" I I I I I ~~~ I I 1 Ol"'~ I "'".... I ~"'~ ~~~ '-(~S 19 '" 00'" '" j L; \.C~ "'~ -<€Ov)v~ '" \... ~ ~ - J 1"- ,(HIS ) '3^'t' (CO~IH ~J '\I( SS3~HlNO:> {l9l10 - ~~~ "''''''' (0 ~ ~ 10 " "''''01 ~'" ~-~ ",,,,0 ~'" 0 a: '" '" ~ (/) J1 \ \ W ::< :>w -'~ o=> >-' 1-0 0> 0 W-' -,4O Z 0>- W a:o C1 !1.1- W ...J ~ ",'" ~'" ~ ~ k s rogers, consulting date SEPT 88 engine0r, inc. AM PEAK HOUR VOLUMES figure west palm beach, fl 5 uj > <( i-----l I I I I ... '-~ I \. rIa (' I ... - I I -- I N~~ I '" '- ~~ I --- '" "'''' 1------/1'\ -v I rOll I v ~ '\ 1 ( I E - -co; EV, "''''0> I I '" I ~';:o; _0> I I I I I M_I I "'.... I "'cpo I I -"'- --- '- (99 )V ., 0> "''''0 L; 0>"'''' ~(OLSl~9 ., "-~ ~ J "-9 ~ ----./ I\. ,-(90Ila _) "3^\I (00 )E9--" \I( SS31:mNOO (89&)0 - --- (v6 )0 ",CPo> " .,-... '" --- ",,,,0 '" 0 a: '" '" ?: rJ) T1 \ \ W ::; ::>w .J::; 0::> >.J >-0 u> C W.J -'<( Z 0>- W a:o 0 ll.>- W -' - ",'" ",- '" - k s, rogers, consult ing dote SEPT ee 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 T. . 12.0 L. . 12.0 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" ~ .JA!IIJ~ fl." .) ,.." I'I(J ~,(, "Jt ,~....... ~ o. Of] ..... )(1 10 006 0000 T~'~ ~~.rl "~..., ~S'N IN( , .'lll "~"CO' nl, POMe( tr LtON It YI! COUl C;~'ln fL t~HS 0' Hilallll UNI' 1 fa r ~~1IlI P"VA" '11 SIIlII' v, 00 0" 0000 ]111" ,. 0000 ......~MI o IUlll" 'OQ'OHilt .n , ..,.,.... '~lC '."'''CM '''lC 'n . , 0" "C'(I '-61" 6'50,3 O. 'tJ .., " 00 000 'OlD DUTCM ".l 'U '''0 lOU'Ml... '" P~l" U.CM H .', 000 .c'rl l " '0' ,."...."., 01 ":I .., :II 01 ~u 'OL .n oeM 'OL .., 'O'''t )1'''','0. . "0 ,. 0' . .'. 0' ...... MID ,"OJ '.'" Jaw.. '0. 17.'0 .. 1~" 0' .. . ,. ',,,nU'l,,,, t.I,.OICM '0. 11.0' 'i'lL[ '" " 0" JO'tt . 101" IlOG'aTlilIl nOJ n"lo '''.'0 "lilI'.' '''."JO ,., :(0. " ........... 'o.n .... 'OL I 1'" J JIC. .OL "OJ 'O'Al ....,. C'Afill'OO. lA.r [I'lilI'l~ AI ,. Ot ":I .., :I' 01 000 0010 C",,"I.OOK LA<<I r"s PROpr.'v C'""I'OOK llill.r (".'rl OWNE'S' A'I" ,fiIC "IIlIC' lilI no' III 'H' c.A"I"OO" .. '.U va.. Dill .."" P 1 ,.. 10V"'0. IIACM 'L ])"]6 r~"':~... iXocJjiTM ... It J'JO ,,, ....n~.. 'A" t. '''.CM '1IlI. .. ~C 0'1 At.u I." v:. ., ., 1"'''-'''.' Jt 0" 000 0010 (......00. LAKr 11'IIlITr. P'OPI.TV OWWC". .S'OC UN SIt ,., U.....CKHl 10Y.TOM HAC" n ca.N.aOOK LA.l II'A'll IMC TRlilIC1, ,. '~Lr v... OWl ~,t. U"tJ6 CO. GI.. .... .., .,. "L .., 110T.., -... .., ....nGiGI" 'O~ . ~llIC. t.I".eM 'O~ . on. lira . aTM. ,,, I I I .-, .00 ~.. ~~~ ,i I I' , I I i I , : I I . ; .,.0'......... · .... IT,'O ,00 ",'0 i 'i ",0' .n I "'.U , " '-""'-""-0 .., '" i ~.,... I . ;;~ ..;~q; i , --....11 ' "1M- 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)