APPLICATION
Land Use / Rezoning Application
Boynton Beach, Florida
Alhambra Square
PREPARED FOR: NORMAN J. MICHAEL
10460 PRESTWICK ROAD
BOYNTON BEACH. FLORIDA 33436
PREPARED 8Y: CHARLES PUTMAN & ASSOCIATES, INC.
4722 N.W. 2ND AVENUE, Cl06
BOCA RATON, FLORIDA 33431
.
CHARLES PUTMAN & ASSOCIATES
Plann~r;'and 'Land'~el~p-m;;-mC~;:;sultants
"
~ 'i. 'i lr1H 1';' "" / ll! lOlL. lI" I Jr, 'j! t ji1'
Boca Raton . (305) 994.&411
Septembn ',0, 1988
Hr. C;irm~n Annunziato
(it) '"'J Boy;'~ton Beach
120 N.L. Seu)nJ Avenue
BO:lllton ;:W,lct!, Florida j3435
Subject: LaTld Use and Vezoning Petitions
Congress Avenue at Golf Road
Dear Cdrmen:
Herein transmitted are three application packages relating to proposed develop-
ment at the intersection of Congress Avenue and Golf Road. At the direction of
your staff, we have preparE-.d three separate land use and zoning petitions, since
the components of this proposed project contain three separate parcels. It is,
however, the proposal of the applicant to develop all of this property in a co-
ordinated manner under a common master plan.
Obviously, it is too early in the process for us to represent that we have final
detailed plans for this area, since we will need to go through a formal site plan
review and obtain all of the City's comments on our plans. We have, however, in-
cluded a number of concept plans to give you a clear understanding of thi:' type
of development that we are proposing to have at this intersection. Basically,
our plans call for developing office uses on the northeast and southeast quad-
rants of the intersection with the remaining five acres of the property on the
south side of Golf Road being developed with an ACLF facility.
The applicant recognizes the concern that the City and surrounding residents have
concerning the development of this intersection. Also, we feel that both the City
and area residents recognize the difficulty in developing and marketing low
density residential units at a major intersection of the trafficways. We have
spent a considerable amount of time researching the feasible alternatives for
developing this corner and still deal with the area-wide concerns. We feel that
the request we are herein presenting to you reflects a variety of uses which are
all compatible with the area residential properties, and which will still be
viable, given the location of the site.
We will be looking forward to dealing regularly with you and your staff regard-
ing the processing of these petitions, and will be happy to answer any questions
or provide any information that you might require.
Please call if you have any q~estions or comments.
Sd:t: ~
Charles Putman
I CP/aps
. Enclosures: Milnor 4.01 acres - application
~' Michael 5.00 acres - application
Michael 4.368 acres - applciation
----- 4722 N.Vv. Second Avenue' Suite 106' Boca Raton, Florida 33431
------- --~_...
. '
ba~Q_~~~_e~~~Q~E~I_e~QlQB-B~ZQ~l~~_eEE~l~aIl~
'"
...-
City of Boyntpn Be~ch, Florida
Planning and Zoning Board
"
This application must be filled out completely and ~ccuratelv and
submitted, together with the materials listed in Section II below, in two (2)
copies to the Planning Department. Incomplet. applications will not be
processed.
PI~ase Print Legibly or Type all .Information.
Y. ~~~&Beb_I~EQB~aIIQ~
1. proJ ect Name~
ALHAMBRA SQUARE (ACLF)
----------------------~-~--------------------------
2.
Typ. of Application (check one)
.
','
a.
Rezoning Clnlv
b.
Land Us. Amen~ment only
--P
c.
Land Use Amendment and Rezoning
~
3. Date this Applicat~on is Accepted (t9 be f~ll~ out by Planning
Depart_nt) :
~~~-~~~~-~-~~------~~~~~-~-~-------~
4. Appl1c~t.. Name (person ~r ~usin~.s ent~ty in who.e name this
. ~plicaUCll'l .i. ml1tdep
Norman J. Michael
~ . .-~~----~-~--~---~---~-- .....
Add,..s.:
10460 Prestwick Road
r -~-~..
--------------~-------------------
.
Boxnton Beach, Florida 33436 '
-~~~~~~~~~~-~~~~~~~-~--~--~~--~---~~-----------
Telephone
Numb.,.:, i4072_~l:~~~~~~~~~~~---~~--~----___~-----------------
~. Agent.. Name (person, ~f any, ,..pr....nting ~ppl~cant):
~f~a~l~~~~_~~~~~;~~~~---~---------~---------------
4722 N.W. Second Avenue (C-106)
-~-~~~~~~~~~-~~-~~~~~~~~-~-~~--~~---~~-----------~-----
Addr...:
Boca Raton, Florida 33431
--~~~~---~~~~~------~~~-~-----~-~---~-----------------
Planning.;:Dept. 4-96
p~g. 1
l,u .~'" <t
Telephone
Number:
(407) 994-h4lJ
--------------------------------------------------------
6. Property Owner'~ (or Tru~tee's> Name:
_~:~~---~~~d~_~~B~s~~B~_~~~~_1~_~~~______________
"
10460 Prestwick I\oad ________
------------------------------------------------
Address:
Boynton Beach, Florida 33436 __________--------
--------------------------------------
Telephone
Numb er :
(407) 732-0040
--------------------------------------------------------
7. Correspondence Address (ii diiieren~ than applicant or agcnt>:*
__~_~~~-~~~121~-]~~~u~~h-~1~a-~~li~~J2-------------
--------------------------------------------------------
* This is the address to which all agendas, letters, and other
materials will be mailed.
8.
What is the applicant's interest in the subject parcel?
(Owner, Buyer, Lessee, Builder, Developer, Contract Purchaser,
etc. )
."
------------------------------------------------------------------
9.
Street Address or Location of Subject Parcel:
Southwest corner of
-------------------
_T~2~~~S~j!~~~_~~~lL~~~___~____________________________--------
10. Legal Description of Subject Parcel:
----------------------------
OE:SCRIl'TIal ,
, .~;(
The East 615.~2 feet of TI&CT ~, Gel! V1w u.-bour 3rd SeoUon, Cityot Bornt.on lIMIt, nori.., MiOQI"d1D1 to ~.P1at tbIr'eclf
recQI ded in Pbt Book 30, peca 119 ~ 120. Public Reoordf. of PI.le 8MQh~Yt :rkr1.... _ _ ,pot hlf'h.;l{~ 1:be t~
deacr1bed paroel: ~ '\~. " . .
" ~ ~, , . , '
c ~ at Ula _t ...".,. of Troct ., .. _.. _ plat...u~ ~ n..~' ~ ~ Clq. II ~
_, florI", -!J>& to .... plat ~ r.....o.d In I'IAt _ 30 "._-"f> ~.""'PQot....~..Flarido;
u..o. N. 2021' 36- W.. aJ.oac tbt Eut line cL Mid 1'r"-.ot .II, . $- f1l1Qlt.!ftIIt:. 'f:l!f ~~~.,at'"
r1ll>t.-of__ to be __In _1I1ed, __ -U..... -40. oI4nc --==lti . , JL6t,......~or
~y of 0...... ........ to.... _ bov!J>& 0 -.trol 0IlIl. <It Ir, '5'.'" '.' ,'" ,_. '-:11'" I
_terly 01.... ........ or ..14 ....... a .10...... of 2].11 r_ to a poht CJl_ ~'F''' " _~17'"
Easterly, alOftl the re or . OW"W 0ClftCr4 to the EMt hev1rc . ~ eel- ot. ,?It ~ * . 1"ItCIl_ of ~ fMtI . 4lat.lbOe 01 I
138.0J4 to tn. Point of 8e&1~1.. "'Of~1~. ,.,~'~. ,~~.),. " . .
11. Area oi Subject Parcel
(to the nearest hundredth (1/100) oi an acre):
5 acres ___
------~-------------------------------------------------------
Planning Dept. 4-86
page 2
12. Current Zoning District~
----------------------------------------
R-1AA
13. Proposed Zoning Oi~~rict:
-~~------------------------------------
14. Current Land Use Category:
"'''-
1~. Proposed Land Use Category:
L~~_~~~l~~~~~~~~___________--~-----
High Density Residential
-------------------------------------
16. Intended Us. of Subject Parcel: _~~::~~~!~~:~~:~::?~_!~:!~~~-J~~~j-
------------------------------------------------------------------
------------------------------------------------------------------
17. Developer or Builder:
----------------------------------------~--
-----------~---------------------------~-------------------------
IS. Archi tect: Shoup-McKinley, Architects .
-------~----------------------------------------------
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19. Landscape Architect:
Charles Putman & Associates
--------------------------------------------
.
20.' Site Planner:
---------------~-----------------------------------
Charles Putman & Associates
21. Civil Engineer:
-------------------------------------------------
22. Traffic Engineer:
K, S. R~~ers
----------------------------------
~
23. Surveyor:
O'Brien, Suiter.& O'Brien, Inc.
-----------------------~-------------------------------
I I. t!ar&B18l.fi_I~~~~l.!m11muIItLBefI.lkBI1Qt1
The following matRriAls shAll be submitted, in two (2) COpiR., unle.s
otherwi.. noted.
, .
(check)
_~_a. This Application form (3 copies for PUDs, PCOs, And PIPS).
____b: A copy of the lAst recorded WArrAnty deed (3 copies fOr PUDs, PCDs,
and PIDs). *There is ~o obtainable' copy of this document. An Affidavit is being
" submitte9. 'in its place.
"_!!_C. Th. followinQ documents and letters of con.ent (3 copies for PUDs,
P~D., and PIDII):
____(1) If the property is under Joint or s.verAl ownershiP: A written
consent to the application by All owner. Of record, And
____(2). If the applicant i. a contract purchas.er: A copy of the
purchase contract And written con.ent of the owner And ..ller, And'
____ (;5), If the AppliCAnt i. represented by An authorized ,.QRnt: A copy
PlanninQ Dept. 4-Sb
page :5
of the agency agreement, or writt~n consent of the applicant, and'
(4)
and
.
If the applicant is a lessee: A copy of the lease agreement,
the writte~,consent of the owner, and
(5) If~~e'applicant is a corporation or other businesS entity:
name of the-officer or person responsible for the application,
wri~ten proof that said person has the delegated authority to
represent the corporation or other busineG~ entity, or in lieu
thereof, written proof that he is in fact an officer of the
corporation.
ThE
and
____d, A sealed boundary survey of the subject parcel by a surveyor
registered in the State of Florida, dated not more than six (6) months'
prior to t~e date of submission of the application, at a scale prescribed
by the Planning Department, and containing the following information:
____(1). An a~curate legal description of the SUbject parcel.
.
____(2) A computation of the total acreage of the subject parcel to the
nearest hundredth (1/100) of an acre,
____(3) A tree survey, which conforms to the roquirements of the City of
Boynton Beach Tree Preservation Ordinance. This requirement may be
waived by the Planning Director where found to be unrelated to the
land use or zoning issues involved with the application.
____e. A complete certified list of all property owners, mailing addresses,
and legal descriptions for all properties within at least four hundred
(400) feet of the subject parcel as recorded in the latest official tau
rolls in the county court house shall be furnished by the applicant.
Postage, and mailing labels or addressed envelOPes must also be provided.
Said list shall be accompanied by an affidavit stating that to the best of
the applicant.s knowledge said list is complete and accurate.
Notification of, surrounding property owners will be done by the City of
Boynton Beach. .'
____f., A copy of the Palm S,achCounty Property APPraiser's map. showing all
of the properties referred to in paragraph e. above, and their relation tc
the subject parcel.
____g. A statement by the applicant justifying the :oning requested,
including reasons why the property is unsuitable for development under thE
existing zoning and more suitable for development under the proposed
zoning. '.
_~__h. . A co~pari.on of the impacts that would be created by development under
the proposed zoning, with the impacts that would be created by development
under the eMisting zoning, which shall include:
____(1) A comparison of the potential square fOCltage or numl1er and type o~
. dwelling units under the .xi.ting zoning with that which would be
allowed under the proposed zoning or develo~ment.
____(2) A statement of the uses that would be allowed in th~ proposed
.'
Planning Dept. 4-86
page 4
, ,
,
zoning or development, .nd' any part'iculilr Llses tlolilt wlluld be, e>:cludnd,
"
(3) Proposed timing and phesing of the development.
-"
(4) A,comperison of treffic which would be ganereted under the
proposed zoning or development, with the traffic thet would be,
generated'under the current zoningl elsa, en anelysi. of troffic
movements at the intersections of driveweys thet would serve the
property and surrounding roadways, end improvements that would be
necessary to accomodate such traffic movements (iri! copies). For
proposed developments which would generate three-thousand (3,000)
vehicle trips per dilY or more, or two-hundred fifty (2~O) or more
single-directional vehicle trips within a one (1) hour period, il
traffic impact an.lysis shall be required (in! copi_s). Said traffic
impact anAlysis shall include proje~ted trip generation for the
development, for all miljOr roadw.ys and intersectionll within one and
one~half (1.~) miles of the subject parcel, as well ~s traffic that
would util,ize local streets through residential zoning districts.
Said traf~ic impact Analysis shall compare traffic l.vels between the
existing zoning and the proposed zoning or development of the subject
parcel, and shall take into consideration all development thfilt would
be possible under the current zoning within the City, fildjAcent cities,
and within the unincorporated area of Palm Beach County within.a
radius of five (~) miles. For those parcels lying in the,
unincorporated area of Palm Beach County, which are not curr~ntly
zoned for urban lAnd uses, the potential lend uses according to the
Palm BeAch County comprehensive plan shall be used. Where said
parcels are shown on the Pal. eeech County comprehensive plan under
residential land use categori.., the midpoint Of the.'density range
shown on County comprehensiVe plan shall be used. Where a countY-Wide
study of' traffic: generation at build-out has been adopted or is
utilized by Palm BeeCh County, the levels of traffic that are
prOjected by said study.hall in all cases be used to project
background traffic in the traf<fic impact analysis submitted by the
applicant. ' The <format and standards used in the traffic: impact
analysis shall be the salll& as those which are requirOd by Palm Beach
.,County, with the exceptipn of the requirements listed above. Such
tra44ic impact analysis shall include recommendation. for the
mitigation of traffic impacts, consistent with the standards which
have b.en adopted ~y o~ are utilized by Palm B.ach County.
____(~) . Fo~ parcels larger than one (1) acre, & comparison of th~ water
"demand 40r development under the proposed Zoning or development with
water de.and under the existing zoning.' Water demand shall be
'. estimated using the standards adopted by the Palm Be.ch County Health
Department 40~'estimating .uch demand, unl.s. di44er_nt stAndard. ere
justified by a registered engineer. Commitment to the provi.ion of
improvements to the water system shall also be inClUded, where
existing <facilities would be inadequate to .erve dev.lopment under th_
proposed zoning.
(6) For parcels larger than one (1) acre, a compariSbn of ..wage flo~s
that..wouldbe generated under the proposed zoning or developfllent with'
that which would be generated under the existing zoning. Sewage 410~s
shall be estimated using the standards adopted by the Palm Beach
Planning Dept. 4-B6
paQe :5
"
.
County HeQlth DepQrtment for e&tim~ting such flows, unless different
standards are justifCed by a regiBterQd engineer. Commitment to the
provision of improvements to the sewag. collection system shall ~lso
be included, wher.e the existing facilities would be in~deguate to
serve.development under the proposed zoning.
(7) For p;~pG&ed residential developments larger than one (1) acre, a
comparison of the prejected population under the proposed zoning or
development with the prOjected population under the existing zoning.
Population prOjections according to age groups for the proposed
development shall be required, where more than fifty (:50) dwellings,
or 50 sleeping rooms in the case of group housing, would be allowed
under the proposed zoning.' Applications for rezoning to commercial or
industrial zoning districts which exceed one (1) acre in area shall'
also provide projections for the number of employees.
(8) ~t the request of the Planning Department, Planning and Zoning
Board, or City Council, the applicant shall also submit propos~ls for
minimizing. land use conflicts with surrounding properties. The
app 1 i cant shall ,provi de a summary of the nui sance. and haz ards
associated with development under the proposed zoning, as well as
proposals for mitigation such nuisances and hazards. Such summary
shall also include, where applicable, exclusion of particular ases,
limitations on hour. of operation, proposed location of loading areas,
dumpsters, and mechanical equipment, screening ,of service areas and
mechanical equipment. location of driveways and service entrance, and
specifications for site lighting. Nuisances an hazards shall be
abated or mitigated so a. to conform to the performance standards
contained in the City'S zoning r.gulations and th. standards contained
in the City's noise control ordinance. Also, statements concerning
the height. orientation, and bulk of .tructur.... setbacks from
property lin.s, and measur.s for scr.ening and buffering the proposed
development shal: be provi,ded., At the reque.~ of the Planning and
Zoning Board or ,City Council, the applicant shall also state the type
of construction and architectural styles that will be employed in the
proposed development.
.'
(9) A~ the request of the Planning Department, Planning and Ioning
Board. or City CounCil. the applicant ahall also submit the following
information: .
r--
(a) . Official soil conservation service classification by Boil
associations and all areas subject to inundation and high ground
water levels.
(b) Existing and proposed grade elevation..
(c) Existing or propo.ed water bOdle.~
(d) Form of ownership and form of organization to maintain common
spaces and recreational facilitieQ.
(e) A written commitment to the prOVision of all necessary
faci~itie. for .tor~ drainage, water supply, sewage collection and
treatment, solid waste disposal, hazardous wa.te disposal, fire
Planning Dept. 4-86
page 6
...
protection, easements or rights-6f-way, roadways, recrQation and park
areas, school sites, and other public improvements or dedications
as may be required.
____(10) For.rezoning. to planned zoning districts (PUOs, PCOs, and PIOs),
the specific requirements for submission of applications for re=oning,tl
such distriit~hall also b. satisfied. Copies of evidence for unified
cor-trot '~nd development of the property, as well as condominium,
homeowners', and property owners' association document. shall bP
submitted in three (3) copies for planned zoning district..
Furthermore, all materials required for a subdivision master pl~n (in ~
copies, including survey) shall also be submitted. '
III. aeebl!;ar'!Q!:LEgs~... Fees 5hall be paid at the time that the application ilt
Submitted, according to the fees whicn have been adopted by re5olution. A
fee schedule is attached to this application. All fees shall be paid by
check, payable'to the City of Boynton Beach.
,lV. !;;g8IlEIGaIlQ~
(I) (We) understand that this application and all plan and papers
submitted herewith become a part of the permanent records of the
Planning and Zoning Board. (I) (We) hereby certify that the above
statements and any statements or showing. in any papers or plans
submitted herewith are true to the best of (my) (our) knowledge and
belief. This appli~ation will not be ac~epted unless signed a~Cording
e $tru~tions below.
./
/
CEP I) ,"' <""q
v / ~:. "'-" '~,:].::":.
(siyn--u;; f o;:;n;;7s)"-C;;:-:r;;:;;t;;,
or u ized Prin~ipal' if property
is owned by a ~orporation or other
busine~s entity.
----~-------------
Date
J.
_:~~~~~---
Signature of Authorized Agent
.
I,.
"
------------------
Date
<I) (We)
y designate the above signed person as (my) (our) authoriZed
th regard to thi.,;appUcation,
ur of-o;:;n;;7s)"-C;;:-;:;:;:;;t;;,
or or1zed Principal if property
is wned by a corporation or other
bUsiness ~ntity.
------------------
Date
Planni~g Dept. 4-86
page 7
-_.._-----,._~-~
APPLICATION NO.
APPLICANT: Norman J, Michael
AGENT: Charles Putman & Associates, Inc.
OIVNER: Norman & Elishka Michael
PROJECT NAME: Alhambra S~uare South
,
PROPOSED USE: Professional/Medical OffiQe Complex
LOCATION: South Congress Avenue at Golf Road,
southeast corner
REQUEST:
AMEND THE FUTURE
LAND USE PLAN
CONTAINED IN T~E
COMPREHENSIVE PLAN
REZONE: From - R1AA (single-Family Residential)
From-Low Density Residentii
To-Office Commercial
To - Cl (Office/Professional)
APPLICATION NO. 3
APPLIC""-'IT:
Norman J. Michael
AGENT:
Charles P~tman & Associates, Inc.
O\VNER:
Norman & Elishka Michael
'.
. '~,
PROJECT NAME: Alhambra:Square ACLF
PROPOSED USE: Ad~lt Congregate Liv~rig 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 rezonir
requests are available for review by the pUblic in the City's Plannir
Department. '
All interested parties are notified to appear at said hearings j
person 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 testimol
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
A F F I D A V I T
..
STATE OF FLORIDA
)
) ss.
)
COUNTY OF PALM BEACH
BEFORE ME THIS DAY PERSONALLY APPEARED CHARLES PUTMAN
, WHO BEING DULY SWORN,
DEPOSES AND SAYS:
That the accompanying Property Owners List is, to
the best of his knowledge, a complete and accurate
list of all property owners, mailing addresses and
legal descriptions as recorded in the latest offi-
cial tax roles in the County Courthouse for all
property within Four Hundred (400) feet of the
below described parcel of land.
The property in question is legally described as follows:
SEE ATTACHED EXHIBIT "A"
Tract 4, Golfview Harbour Third Section, Boynton Beach, Palm Beach County,
Florida, according to the plat thereof recorded in Plat Book 30 at Pages 119
and 120 of the Public Records of Palm Beach County, Florida.
,
FURTHER AFFIANT SAYETH NOT.
~~.
S~gna ure
Sworn to and subscribed before me this
28th
day of
~A'
Notary Public ~
State of Florida at Large
A.D.
19 88
My Commission Expires:
November 30, 1991
,l I
.~.
"
't
. ,
CERTIFICATION AND AFFIDAVIT
STATE OF FLORIDA )
COUNTY OF PALM B~CH )
BEFORE ME, the undersigned authority, personally appeared
MICHAEL M. LISTICK, ESQ. ("Affiant"), who being duly sworn under
oath, does hereby depose and say as follows:
l. Affiant is an attorney-at-law, with offices at 616 East
Atlantic Avenue, Delray Beach, Florida 33483.
2. Affiant has examined the public records with regard to
Tract 4, Section 3 of GOLF VIEW HARBOUR ESTATES, Plat Book 30,
Page 119, of the Public Records of Palm Beach County, Florida,
less the curve area of S.W. 13th Street.
3. Affiant hereby certifies that as of July 12, 1988,
title to said real estate was in Norman J. Michael and Elishka
E. Michael, his wife.
4. This Certification and Affidavit is being given for the
benefit of the City of Boynton Beach, Florida, regarding the
request for zoning, site plan and/or building approvals. This
opinion may be relied upon by the City of Boynton Beach,
Florida, but shall not be for the benefit of any other person or
entity without the written consent of Affiant.
FURTHER AFFIANT SAYETH NOT.
~4rt.t~.
LISTICK & STEINER, P.A.
Attorneys-at-Law
616 East Atlantic Avenue
Delray Beach, Florida 33483
SWORN TO AND SUBSCRIBED before
me, a Notary Public in the
COlnty and Sta afores id, this
day of , 1988.
My ~~m~~sion expires:
,..,.';0" \"1:":' :J ~I ;';;,.
~.. ..;}.o...........J '..
~>' ~ "''-0' -t-"'/",'<
~...'''' 0 '...)J ~ ~
's..... :-i,c. . '. 'U~
::Q: ,.... ~ -t : !:
::....,. - . l . =
~ ;;:, r'0'.~'~ L1c:!'1,ui OF FLORIDA
~ ? .... ~~,P I~, UP.' AP.. '.1011
<, ..;'''' ",~II\llD . a,~.AL lIS. IlID
";'- ()- ,..';:.,:'" \ -'\' .
". "'.;;;, .
"
r'
,
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i
,
DECLARATION OF COVENANTS AND RESTRICTIONS
for ALHAMBRA SOUARE
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 --JJ:L- 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
Rezoninq
Alhambra Square North:
moderate density
residential to
office commer-
cial
R-1AA (PUD)
to C-l (office
professional)
Alhambra Sauare South:
low density
residential to
office commercial
R-1AA (single
family residen-
tial) to C-l
(office profes-
sional)
Alhambra Sauare ACLF
low density
residential to
mUlti-family
residential
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 DESCRIPl'ION
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 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 . BROWARD (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 S~uare
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 financial
LAW OFFICES ROBERT A. EISEN, P.A. . 4700 NORTHWEST 2ND AVENUE, SUITE 101, SOCA RATON, FLORIDA 33431
BOCA RATON (407) 994-2090 . WEST PALM BEACH (407) 738-0388 . 8ROWARD {30S) 760-9088
C. Alhambra S~are 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, cancelled
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 2"0 AVENUE, SUITE 101, SOCA RATON, FLORIDA 33431
BOCA RATON (407) 994-2090 . WEST PALM BEACH (407) 73S-0388 . BROWARD (305) 760-9088
WITNESSES:
STATE OF FLORIDA )
) ss,
COUNTY OF PALM BEACH)
OWNERS:
ALHAMBRA SQUARE NORTH
MILNOR CORPORATION, a
Florida Corporation
tilJf D ~o
B .
No J. Michael,
President
-
ALHAMBRA SQUARE SOUTH and
ALHAMBRA SQUARE ACLF
~... ~
Bg4~e~Q
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 ~ k., , 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<k- official ~eal in, the County and
State last aforesaid, this l.> day of ..Me(l1l-~ , 19~.
MY COMMISSION EXPIRES:
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) 738-0388 . SROWARO (305) 760-9068
EXHIBIT "A"
ALHAMBRA 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 R08ERT A. EISEN, P.A. . 4700 NORTHWEST 2"''' AVENUE, SUITE 101, saCA RATON, FLORIDA 33431
BOCA RATON (407) 994-2090. WEST PALM BEACH (407) 738-0388 . BRQWARD (305) 760-9088