AGENDA DOCUMENTS
cn i OF BOYNTON BEACH
AGENDA ITEM REQUEST FORM
Request~d City Commission Date Final Form Must be Turned Requested City Commission Date FinaJ Fonn Must be Turned
Meetin2 Dates in to City Clerk's Office Meeting Dates in to Cit\' Clerk's Office
0 April 7, 1998 March 20,1998 (noon) 0 June 2, 1998 May 22, 1998 (noon)
0 A"riI21, 1998 April 10, 1998 (noon) ~ June 16, 1998 June 5. 1998 (noon)
0 May 5, 1998 April 24, 199& (noon) 0 July 7, 1998 June 26. 199& (noon)
0 May 19, 1998 May 8, 1998 (noon) 0 July 21,1998 July 10, 1998 (noon)
RECOMMENDATION: This matter was tabled pending court mediation, The City Attorney advises that the mediation
was concluded and was unsuccessfuL Accordingly, the site plan review process set forth in the Code should continue.
EXPLANATION:
PROJECT: Alhambra Square North
AGENT: Malek and Associates
OWNER: Norman J, Michael
LOCATION: Northeast comer of Congress A venue and S,W, 23" A venue (Golf Road)
DESCRIPTION: Ratification of Planning and Development Board action denying the Alhambra Square North site plan
request.
PROGRAM IMPACT: N/A
FISCAL IMPACT: N/A
ALTERNATIVES: N/A
Department Head's Signature
City Manager's Signature
Development
Department Name
/,L t- 7Z~ ~
Acting Director Plan~and Zoning
S.\PLANNINGISHARED\WP\PROJECTS\ALHAMBRA NORTH\NWSl'\AGENDA ITEM REQUEST 6_16_98 DOC
\11. PL slIe HE.ARI\G
A
CITY OF BOYNTON BEACH
AGENDA ITEM REQUEST FORM
Requested City Commission Date Final Form Must be Turned Requested City Commission Date Final Form Must be Turned
Meelin2 Dates in to City Clerk's Office Meetin~ Dates in to City Clerk's Office
0 April 7,1998 March 20. 1998 (noon) 0 June 2. 1998 May 22.1998 (noon)
0 April 21, 1998 April 10. 1998 (noon) I:8J June 16. 1998 June 5,1998 (noon)
0 May 5. 1998 April 24, 1998 (noon) 0 July 7,1998 June 26, 1998 (noon)
0 May 19. 1998 May 8, 1998 (noon) 0 July 21,1998 July 10, 1998 (noon)
--
RECOMMENDA nON: This matter was tabled pending court mediation. The City Attorney advises that the mediation
was concluded and was unsuccessfuL Accordingly, the site plan review process set forth in the Code should continue,
EXPLANATION:
PROJECT: Alhambra Square North
AGENT: Malek and Associates
OWNER: Norman J. Michael
LOCATION: Northeast comer of Congress Avenue and S,W, 23" Avenue (Golf Road)
DESCRIPTION: Ratification of Planning and Development Board action denying the Alhambra Square North site plan
request.
PROGRAM IMPACT: N/A
FISCAL IMPACT: N/A
ALTERNATIVES: N/A
&h7
Department Head's Signature
Development
Department Name
~t.J~
Acting Director PI d Zoning
S:IJ'LANNING\SHAREI>\WP\PROJECTS\ALHAMBRA NOIlTH\NWSP\AGENDA tTEM. REQUEST 6-16-9I,DOC
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. .
MILNOR ~ORPORATION
BUILDERS & LAND DEVELOPERS
3475 WOOLBRIGHT ROAD. BOYNTON BEACH. FLORIDA 33436
PHONE 561/733-4353 . FAX 561/733-7875
ill ill@illOW ill ~-.
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PLANNING AND
L ZONING OE?I
December 12, 1997
Ms. Sue Kruse
City Clerk
City of Boynton Beach
P. 0, Box 310
Boynton Beach, Florida 33435
Dear Ms. Kruse:
We are in receipt of the Agenda item Request Form wherein we would appear before the
City Commission on December 16, 1997 in regards to the Alhambra Square North
project. As referenced in ourtelefax of December 1,1997 postponing our place on the
December 2, 1997 Agenda we are waiting for an appointment with the Palm Beach
Circuit court. If you would be so kind as to postpone our place on the Agenda until we
contact you indicating that we have appeared before the Court and they have rendered
their decision.
Thank you for your time and trouble in this matter.
,
Best regards, ./
-----;:h,d~!w./~
/ rtflu
Norman J(.Michael
NJM/dlh
tTfte City of
'13oynton'13eacli
1OO~~~~
'2.0. 'Bo:t.310
~ ~ %;riJ4 .3.342$-0.310
PHONE: (561) 375-4280
FAX:. (561) 375-6357
July I, 1997
Law Office of Eisen & Willits
299 Camino Gardens Blvd.
Suite 204
Boca Raton, Florida 33432
Attention: Robert A, Eisen
Re: M ilnor Corporation
Dear Mr. Eisen:
It is suggested to include the language that will permit a drug store with the drive-thru as an
allowed use on the property depicted on the proposed site plan labeled Proposed Drug Store &
Medical Office Building Job # 18797 dated June 8. 1997 and prepared by Miklos & Associates,
Very truly yours.
CITY OF BOYNTON BEACH, FLORIDA
S-:Y-C. ~..
'-'
Milan M, Knor, P,E.
Director of Development
MMKJck
xc: James Cherof, City Attorney
C:\My Documents'Alhambra Square :--;onh Agreement.doc
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Jtrn.er".cas (jauway to w (juf/stream
IV-CONSENT AGEND,~
ITEM 0.1
~ITY OF BOYNTON BEACH
AGENDA ITEM REQUEST FORM
Requested City Commission Date FinaJ form Must be Turned Requested City Commission Date Final Fann Must be Turned
Meetinll Dates in to City Man32cr's Office Meetinlit Dates in to City Manaeer's Office
t8J December 16, 1997 December 5. 1997 (noon) 0 February 17.1998 February 6. 1998 (noon)
0 January 6. 1998 December 19. 1997 (noon) 0 March), 1998 February 20, 1998 (noon)
0 January 20, 1998 January 9. 1993 (noon) 0 March 17, 1998 March 6. 1998 (noon)
0 Fehruary 3,1998 January 23, 1998 (noon) 0 April 7, 1998 March 20. 1998 (noon)
RECOMMENDATION: Please place the request described below on the December 16, 1997 City Commission meeting
agenda under Consent - Ratification of Planning & Development Board Action, The Planning and Development Board with
a 4-3 vote. recommended denial on the grounds that the proposed constrUction is in conflict with the current settlement
agreement. You will recall that this item was frrst tabled at the September 16, 1997 City Commission meeting, at the request
of the applicant. The additional time was needed to allow the applicant to file with the court fot interpretation of whether the
1989 Milnor settlement agreement, which allows a pharmacy, also allowed a drugstore on the subject property, The item
was tabled for a second time on November 4, 1997, and again on December 2, 1997. The time period estimated for the
courts to provide clarification on the settlement agreement is six (6) months, At a minimum, lhe City Commission should
set a specific dale at which lime this item should be postponed to and reconsidered.
EXPLANATION:
PROJECT: Alhambra Square North
AGENT: Malek and Associates
OWNER: Norman J, Michael
LOCATION: Northeast comer of Congress Avenue and S,W, 23" Avenue (Golf Road)
DESCRIPTION: Ratification of Planning and Development Board action denying the Alhambra Square North site plan
request,
PROGRAMIMPACT:NA
FISCAL IMPACT: NA
ALTERNATIVES: NA
~ :I! /)),1~, -" )
Manager's Signature
Development Services
Department Name
A- Cu. ~~
Planning & oning Drrcctor
S:\BULLETJN\FORMSIAGENDA ITEM REQUEST FORM,DQC
/~a~~~~;;~
~~
~6/97
CITY OF BOYNTON BEACH
AGENDA ITEM REQUEST FORM
Requested City Commission Date Final Form Must be Turned Requested City Commission Date Final Fonn Must be Turned
Meetin~ Dates in to City Manaeer's Office Meetine: Dates in to City Manager's Office
0 August 19, 1997 August 8,1997 (noon) 0 October 21,1997 October 10, 1997 (noon)
0 September 2, 1997 August 22, 1997 (noon) 0 November 4, 1997 October 24, 1997 (noon)
0 September 16, 1997 September 5, 1997 (noon) 0 November 18. 1997 November 7, 1997 (noon)
0 October 7. 1997 September 26, 1997 (noon) ~ December 2. 1997 November 21, 1997 (noon)
RECOMMENDATION: Please place the request described below on the December 2, 1997 City Commission meeting
agenda under Consent - Ratification of Planning & Development Board Action, The Planning and Development Board with
a 4-3 vote, recommended denial on the grounds that the proposed construction is in conflict with the current settlement
agreement, You will recall that this item was first tabled at the September 16, 1997 City Commission meeting, at the request
of the applicant. The additional time was needed to allow the applicant to file with the court for interpretation of whether the
1989 Milnor settlement agreement, which allows a pharmacy, also allowed a drugstore on the subject property, The item
was tabled for a second lime on November 4, 1997, and again at the request of the applicant. The time period estimated for
the courts to provide clarification on the settlement agreement is six (6) months. At this meeting, the City Attorney is
anticipated to provide direction to the Commission with regards to the further tabling, Or perhaps the removal of this item
from the agenda during the interim period,
EXPLANATION:
PROJECT: Alhambra Square North
AGENT: Malek and Associates
OWNER: Norman J, Michael
LOCATION: Northeast comer of Congress Avenue and S. W, 23" Avenue (Golf Road)
DESCRIPTION: Ratification of Planning and Development Board action denying the Alhambra Square North site plan
request.
PROGRAM IMPACT: N/A
FISCAL IMPACT: N/A
ALTERNATIVES: N/A
Af'~~
, He d's Signature
City Manager's Signature
Development Services
Department Name
-(tv G. ~ ~
Planning and Zonin rrector
IICH\MAJN\SHRDA T AIPlanninglSHAREDlWPIPROJECTSIALHAMBRA NORTHlNWSPlAgenda Item Request 110497 #2.doc
CITY OF BOYNTON BEACH
AGENDA ITEM REQUEST FORM
Requested City Commission Date Final Form Must be Turned Requested City Commission Date Final Fonn Must be Turned
Meeting Dates in to City Manager's Office Meeting Dates in to City Manager's Office
0 August 19, 1997 August 8, 1997 (noon) 0 October 21, 1997 October 10, 1997 (noonl
0 September 2. 1997 August 22. 1997 (noon) jgJ November 4, 1997 October 24, 1997 (noon)
0 September ] 6. 1997 September 5, 1997 (noon) 0 November 18, 1997 November 7, 1997 (noon)
0 October 7.1997 September 26, 1997 (noon) 0 December 2, 1997 November 21, 1997 (noon)
RECOMMENDATION: Please place the request described below on the November 4, 1997 City Commission meeting
agenda under Consent - Ratification of Planning & Development Board Action, The Planning and Development Board with
a 4.3 vote, recommended denial on the grounds that the proposed construction is in conflict with the current settlement
agreement, This item was tabled at the September 16, 1997 City Commission meeting, at the request of the applicant. The
additional time was needed so that the applicant could file with the court for interpretation of whether the 1989 Milnor
settlement agreement, which allows a pharmacy, also allowed a drugstore on the subject property, As of the deadline for this
agenda, staff has not been able to reach the applicant, and further notice of an additional postponement has not been
received.
EXPLANATION:
PROJECT: Alhambra Square North
AGENT: Malek and Associates
OWNER: Norman J, Michael
LOCATION: Northeast comer of Congress Avenue and S,W. 23,d Avenue (Golf Road)
DESCRIPTION: Ratification of Planning and Development Board action denying the Alhambra Square North site plan
request.
PROGRAM IMPACT: N/A
FISCAL IMPACT: N/A
ALTERNATIVES: N/A
Department Head's Signature
City Manager's Signature
Development Services
Department Name
.?'
,;' rJ.,
r~~?L- /?
Planning arid .l6ning Dire
tt:-v
J:\SHRDA TA\PlanningISIIAR[D\WP\PROJECTS\ALHAMBRA NORTH\NWSP\Ag~nda Item Request 110497.doc
AGENDA
.
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00 .30. m
PLANNING AND
ZONI NG DEPT
10/29/97 WED 11:05 FAX 813 229 1447
RUDNICK&WOLFE
~001
RUDNICK & WOLFE
101 Eo.sr Kennedy Boulevard
Suire 2000
Tampa, Florida 33602.5133
Telecopiers (813) 229-1447
(813) 224-0246
Telephone (813) 229-2111
IMl'ORTANT: THIS MESSAGE IS INTENDED ONLY FOR THE USE OF THE INDIVIDUAL OR ENTITY
TO WHICH IT IS ADDRESSED AND MAY CONTAIN INFORMATION THAT IS P1UVILBGED,
CONFIDENTIAL AND EXEMPT FROM DISCLOSURE UNDER APPUCABLE LAW, IF THE READER OF
THIS MESSAGE r5 NOT THllINTBNDED RECIPIENT, OR THE EMPLOYEE OR AGENT RESPONSIBLE
FOR DELIVERING THBMESSAGE TO THE INTENDBD RECIPIENT. YOU ARE HEREBY NOTIFIED THAT
ANY DISSEMINATION, DISTRIBUTION OR COPYlNG OF THIS COMMUNICATION IS STRICTLY
PROHIBITED, IF YOU HAVE llECBIVED THIS CO~~UNICATION IN ERROR, PLEASE NOTIFY US
IMMEDIATELY BY TELEPHONE, AND RETURN THE ORIGINAL MESSAGE TO US AT THE ABOVE
ADDRESS VIA THE UNITED STATES POSTAL SERVICE. THANK YOU
IELECOPIER COVER SJlEE.T
TO:
FROM:
DATE:
James Cherof, City Attorney
Cynthia A, Henderson
October 29, 1997 Number of PagC5: 3 (inCluding cover sheet)
Telecopier Number 561137.5-6054
Confll'lDation Number 5611375-6050
Client Number
26360.00,014
MESSAGE:
Please see corresDondence which foHows,
If there are any problems with. this transmittal, please call Rudnick & Wolfe's File/Mail/Fax
Center at (813) 229-2111, ext, 230 or 279,
10'29'97 WED ll:0S FAX 813 229 1447
RVDNICK&WOLFE
~002
LAW OFF'I<;E:S
RUDNICK & WOLFE
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CYNTHIA A. HENDERSON
October 29, 1997
26360,00.014
Via F~csimile
Mr, James Cherof
City Attorney'
City of Boynton Beach
Pest Office Box 310
Boynton Beach, Florida 33425-0310
Re: Alhambra Square North
Dear Jim'
As a follow up to our telephone conversation on October 24, 1997, this letter is a request
to continue the public hearing on the discussion of the Stipulation and Settlernenl Agreement and
approval of the Preliminary Site Plan. I understand they are scheduled for Tuesday, November
4, 1997, on the City CommIssion agenda. At our last public hearing, we continued these
hearings in order to give us time to appear before the Judge to seek an interpretation of the
Stipulation and Settlement Agreement.
We have attempted to schedule a hearing 0:1 this issue with the presiding Judge,
Unfortunately, we were unable to obtain any guidance as to the exact hearing date that is
available, III or~r to scheduled a hearing, we need additional information from the City as 10
how long it believes it will take to present its case On this issue.
As we discussed, we plan to file a motion to enforce thc Stipulation and Settlement
Agreement in order to bring this issue before the Judge, We ask that YOIl discuss this matter
with the City Commission and advise us as to your list of witnesses and the length of
presentation of your case so that we can schedule this hearing as expeditiously as p05Sible,
As r discussed. We will be providing you with a copy of our Motion to Enforce the
Stipulation and Settlement Agreement as soon as it is avai[able. We also appreciate your
willingness to accept service, It will elCpedite our hearing process,
--~--- -_._-~
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KlUNlll\&WOLfE
141003
RUClNICK & WOLFE
James Cheraf
City Attorney
City of Boynton Beach
October 29. 1997
Page 2
Thank you for your cooperation, In the interest of our client, please let us know if this
maner will be continued,
Cordially yours,
CAR/sip
CAH64767
cc: Mr. Alan Bumberg
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CYNTHIA A. HENDERSON
October 29, 1991'
26360,00,014
Via F~csirnile
Mr, James Cherof
City Attorney'
City of Boynton Beach
POst Office Box 310
Boynton Beach, Florida 33425-0310
Re: All,omlml SqUilrt North
Dear Jim:
As a follow up to oue telephone conversation on October 24, 1997, this letter is a request
to continue the public hearing on the discussion of the Stipulation and Settlement Agreement and
approval of the Preliminary Site Plan. I understalld they are scheduled for Tuesday, November
4, 1997, on the City ComDllssion agenda. At our last public hearing, we continued these
hearings in order to give us time 10 appear before the Judge to seek an interpretation of the
Stipulation and Settlement Agreemel1t.
We have attempted to schedule a Ilearing 0:1 this issue with the pres\di:1g Judge,
UnfortUnately, we were unable to obtain any guidance as to the exact hearing date that is
available, In order to scheduled a hearing, we ne:d additional information from the CilY as to
how long it believes it will take to p~nt itS case on this issue,
As we discussed, we plan to me a motion to enforce the Stipulation and Settlement
Agreement in order to bring this issue before the Judge, We uk that you discuss this matter
with the City Commission aoo advise us as to your list of witnesses and the length of
presentttion of your case so that we can schedule this hearing as expeditiously as possible.
As I discussed, we will be providing you with a copy of our Motion to Enforce the
Stipulation and Settlement Aareement as soon as it is available, We also appreciate your
willingness to accept service. It will expedite oue hearing process,
IV, CONSENT AGENDP
D, (
CITY OF BOYNTON BEACH
AGENDA ITEM REQUEST FORM
Requested City Commission Date Final Form Must be Turned Requested City Commission Date Final Form Must be Turned
MeetinR Dates in to City Manner's Office Meetinsz Dates in to City Manaszer's Office
0 August 19,1997 August 8, 1997 (noon) 0 October 21, 1997 October 10. 1997 (noon)
0 September 2, 1997 August 22, 1997 (noon) 181 November 4, 1997 October 24, 1997 (noon)
0 September 16, 1997 September 5, 1997 (noon) 0 November 18, 1997 November 7,1997 (noon)
0 October 7, 1997 September 26, 1997 (noon) 0 December 2. 1997 November 21, 1997 (noon)
RECOMMENDATION: Please place the request described below on the November 4, 1997 City Commission meeting
agenda under Consent - Ratification of Planning & Development Board Action. The Planning and Development Board with
a 4-3 vote, recommended denial on the grounds that the proposed construction is in conflict with the current settlement
agreement, This item was tabled at the September 16, 1997 City Commission meeting, at the request of the applicant. The
additional time was needed so that the applicant could file with the court for interpretation of whether the 1989 Milnor
settlement agreement, which allows a pharmacy, also allowed a drugstore on the subject property, As of the deadline for this
agenda, staff has not been able to reach the applicant, and further notice of an additional postponement has not been
received.
EXPLANATION:
PROJECT: Alhambra Square North
AGENT: Malek and Associates
OWNER: Norman J, Michael
LOCATION: Northeast comer of Congress Avenue and S,W, 23" Avenue (Golf Road)
DESCRIPTION: Ratification of Planning and Development Board action denying the Alhambra Square North site plan
request,
PROGRAM IMPACT: N/A
FISCAL IMPACT: N/A
A~TERNATIVES: N/A
#~-
Development Services
Department Name
J4uLut' e ~tbJ
Planning and ~ning Dire or
J:ISHRDA T AIPlanninglSHAREDI WPlPROJECTSIALHAMBRA NORTHlNWSPlAgenda Item Request 11 0497.doc
DEVELOPMENT ORDER
CI r't .IF BOYNTON BEACH, FLORID""
d.e-; {RI!(! .LleENSe
--;]),&
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PROJECT NAME: Alhambra Square North
~
~ l&J ,r'-'--'''-'rn!
JUNI8. W
APPLICANT: Norman J, Michael
APPLICANTS AGENT: Malek and Associates
APPLICANTS ADDRESS: 253 N.E. 2nd Avenue, Delray Beach, Florida 3344
DATE OF PUBLIC HEARING BEFORE CITY COMMISSION: June 16,1998
TYPE OF RELIEF SOUGHT: New Site Plan (Walgreen's and medical office)
LOCATION OF PROPERTY: Northeast corner of Congress Avenue and S,W, 23rd Avenue (Golf
Road)
DRAWING(S): SEE EXHIBIT "A" ATTACHED HERETO,
THIS MATTER came on to be heard before the City Commission of the City of Boynton
Beach, Florida on the date of hearing stated above, The City Commission having considered the
relief sought by the applicant and heard testimony from the applicant, members of city administrative
staff and the public finds as follows:
1. Application for the relief sought was made by the Applicant in a manner consistent with
the requirements of the City's Land Development Regulations,
2, The Applicant
HAS
..lL- HAS NOT
established by substantial competent evidence a basis for the relief requested,
3, The conditions for development requested by the Applicant, administrative staff, or
suggested by the public and supported by substantial competent evidence are as set
forth on Exhibit "B" with notation "Included",
4, The Applicant's application for relief is hereby
_ GRANTED subject to the conditions referenced in paragraph 3 hereof,
-L DENIED
5, This Order shall take effect immediately upon issuance by the City Clerk,
6, All further development on the property shall be made in accordance with the terms
and conditions of this order,
7, Other
DATED: (2"''-';/0 /~ /99.8
(/
~d~~'~~" _
City Clerk
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J:ISHRDA T AIPlanninglSHAREDlWPIPROJECTSlBrownlCDPAIDEVELOPMENT ORDER.doc
DEVc._OPMENT SERVICES DEPA. ,'MENT
PLANNING AND ZONING DIVISION
MEMORANDUM #97- 444
SITE PLAN REVIEW
STAFF REPORT
FOR
PLANNING AND DEVELOPMENT BOARD AND CITY COMMISSION
August 26, 1997
DESCRIPTION OF PROJECT
Project Name:
Alhambra Square North
Applicant:
Milnor Corporation
Agent:
Malek and Associates
Location:
Northeast corner of Golf Road and Congress Avenue,
FileNo.:
NWSP 97-014
Land Use Plan
Designation:
Office Commercial (OC)
Zoning
Designation:
Office and Professional district (C-1)
Type of Use:
Drugstore with a drive-through and a medical office building
Number of
Units:
nla
Square
Footage:
Site Area:
Building Area:
3.92 acres
40,065 sq, ft.
Surrounding land
uses and Zoning
District: (see Exhibit "A" - location map)
North -
Leisureville single family residential development, zoned
R~1AA
South -
Golf Road right-of-way and farther south is undeveloped
land, zoned R-3
East -
Leisureville single family residential development, zoned
R-1AA
/
Page 2
Site Plan Review Staff Report
Memorandum #97-444
Alhambra North
Existing Site
Characteristics:
Proposed
Development:
Concurrency:
a. Traffic-
b. Drainage-
Driveways:
Parking Facility:
Landscaping:
Building and Site
Regulations:
West -
Congress Avenue right-of-way and farther west is Quail
Lake, zoned PUD
The site is currently undeveloped and contains a hedge centered on
the northern and eastern property lines,
The developer is proposing construction of two buildings:
· 13,905 sq, ft. 1-story drugstore with a drive-through
. 26,985 sq. ft, 2-story medical office
and a parking facility for 204 parking spaces (see Exhibit "B" _
proposed site plan),
The subject site is vested for traffic concurrency, as it is the
subject of a settlement agreement dated prior to the city's and
Palm Beach County's concurrency ordinances, The traffic
study for the proposed development was forwarded to the Palm
Beach County Traffic Division for evaluation, A verbal
response was received approving the study.
The subject site is exempt from the city's concurrency
requirements for the same reason stated above, The
Engineering Division is recommending that specific drainage
solutions be reviewed at the time of permit review,
On-site traffic circulation consists of a 27-foot wide driveway system
looping both proposed buildings and connecting the site with Golf
Road to the south and Congress Avenue to the west.
There are 204 on-site parking spaces to be provided, including seven
(7) handicap accessible spaces as required by ADA. This exceeds
the minimum standard of 201 parking spaces, as required by the Land
Development Regulations, Chapter 2 - Zoning for this use.
The landscaping of the site will fully meet the code requirements when
staff comments are incorporated.
Building and site regulations will be fully met when staff comments Bre
incorporated into the permit drawings.
;<
Page 3
Site Plan Review Staff Report
Memorandum #97-444
Alhambra North
Community Design
Plan: There are two buildings proposed on the site: a Walgreen's drugstore
with a drive-through and a medical office building, The Walgreen's
building is a one-story structure finished with a beige stucco and is
covered by a flat roof, Entrance elements are covered with a sloped
roof finished with "mission S" style roof tiles. The height of the building
is 27 feet. The information regarding exterior building materials
proposed for the medical office building is very limited. The elevation
drawings show a 25 foot high, two-story building finished with stucco
and covered with a flat roof. Similar to the Walgreen's building,
entrance elements are covered with the sloped roof finished with
"mission S" style roof tiles.
The complex, as a whole, is architecturally compatible with the
surrounding residential development.
Signage:
Signage for the site consists of a pole sign located at the southwest
comer of the property, Signage will fully meet the code requirements
when staff comments are incorporated.
Compliance with
Stipulated
Agreement:
In October of 1989, the City Commission entered into a court ordered
stipulated agreement with the Milnor Corporation to set forth the
restrictions for development of the subject Alhambra North property.
The conditions set out by this agreement are as follows:
(1) Building height not to exceed two stories;
(2) All dumpsters to be located away from adjacent residential areas;
(3) Construction of the six-foot high zoning boundary wall 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 of the governing association and at no cost to the
governing association;
(4) Parking lot lighting shall be shaded so as not to shine directly into
residential areas, and parking lot lighting shall not be illuminated
after 11:00 P,M.
The proposal, as submitted, will incorporate all conditions of the
stipulated agreement, when staff comments are incorporated.
However, with respect to the drug store use proposed, a land use
::2-
J
Page 4
Site Plan Review Staff Report
Memorandum #97-444
Alhambra North
amendment and rezoning to C-2 are necessary, since drugstores are
not permitted in the current C-1 zoning of the property, The City
Commission has agreed to discuss this revision to the settlement
agreement at the September 2, 1997 commission which is the same
meeting that this site plan request will be discussed,
RECOMMENDATION:
Planning and Zoning recommends approval of this site plan request, subject to the
comments included in Exhibit "C' - Conditions of Approval. The Technical Review
Committee (TRC) recommends that the deficiencies identified in this exhibit be corrected
on the set of plans submitted for building permit.
xc: Central File
IICH\MAINlSHRDATAIPLANNINGISHAREDIWPIPROJECTSIALHAMBRA NORTHINWSPlSITE PLAN STAFF REPORT
WALGREENS.DOC
4
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EXHIBIT "C"
OJ
DEVELOPMENT ORDER
CITy OF BOYNTON BEACH, FLORIDA
PROJECT NAME: Alhambra Square North
APPLICANT: Norman J, Michael
APPLICANTS AGENT: Malek and Associates
APPLICANTS ADDRESS: 253 NE 2nd Avenue, Delray Beach, Florida 33444
DATE OF HEARING BEFORE CITY COMMISSION: August 26,1997
TYPE OF RELIEF SOUGHT: New Site Plan (Walgreen's and medical office)
lOCATION OF PROPERTY: Northeast comer of Congress Avenue and S,W. 23'd Avenue (Golf
Road)
DRAWING(S): SEE EXHIBIT"N ATTACHED HERETO.
THIS MATTER came on to be heard before the City Commission of the City of Boynton
Beach, Florida on the date of hearing stated above, The City Commission having considered the
relief sought by the applicant and heard testimony from the applicant, members of city administrative
staff and the public finds as follows:
1 , Application for the relief sought was made by the Applicant in a manner consistent with
the requirements of the City's land Development Regulations,
2, The Applicant
HAS
HAS NOT
established by substantial competent evidence a basis for the relief requested,
3, The conditions for development requested by the Applicant, administrative staff, or
suggested by the public and supported by substantial competent evidence are as set
forth on Exhibit "B" with notation "Included",
4, The Applicant's application for relief is hereby
_ GRANTED subject to the conditions referenced in paragraph 3 hereof,
~ DENIED
5, This Order shall take effect immediately upon issuance by the City Clerk,
6, All further development on the property shall be made in accordance with the terms
and conditions ofthis order,
7. Other
DATED:
City Clerk
J:ISHROA TAIPlanningISHAREOIWPIPROJECTS\Brown\COPAIDEVELOPMENT OROER.doc
EXHIBIT "B"
Conditions of Aooroval
Project name: Alhambra Square North
File number: NWSP 97-014
Reference: The olans consist of 10 sheets identified as 2nd Review. New Site Plan, File # NWSP 97-014
with a Julv 22. 1997 Planning and Zoning Deoartment date stamo marking.
DEPARTMENTS INCLUDE REJECT
PUBLIC WORKS
Comments: None
UTILITIES
Comments:
l. Palm trees will be the only tree species allowed within utilities
easements, Canopy trees may be planted outside of the easement so that
roots and branches will not impact those utilities within the easement in
the foreseeable future, (Sec, 7.5-18,1)
2, Department of Health pennits will be required for the water and sewer
systems serving this project, (Sec, 26- 12)
3, Fire flow calculations will be required demonstrating the city code
requirement of 1500 g,p,m, (LDR Chap, 6, Art, , Sec, 16), or the
requirement imposed by insurance underwriters, whichever is greater,
(Sec, 26-I6(a)),
4, A capacity reservation fee will be due for this project upon the Utilities
Department request for signature on the Health Department application
fonns or within 30 days of site plan approval. This fee will be
detennined based upon final meter size, (Sec, 26-34(E))
5, City water may not be used for irrigation where other sources are readily
available, (Cornp Plan policy 3C,3.4) Indicate on the site plan the
location of the water well to be used for irrigation,
FIRE
Comments: None
POLICE
Comments:
6. Depict handicap pavement markings in accordance with code.
7, Provide on the site plan pavement markings indicating the direction of
the intended travel through the drive through,
8, It is recommended that strict attention be paid to D,O,T, guidelines in
Page 2
Alhambra North
File No, NWSP 97-014
DEPARTMENTS INCLUDE REJECT
reference to line of sight for the ingress and egress on both roadways,
ENGINEERING DIVISION
Comments:
9, Replace egress arrows exiting onto S,W, 23rd Avenue with right and left
turn arrowS [Chapter 4, Section 7,B.2,]
10, Add stop bar and stop sign at the southbound center driving lane between
Building A and Building B at the southernmost end of the traffic divider
(this will allow for northbound traffic to crossover and enter the drive
thru), [Chapter 4, Section 7,8.2,]
II. Remove yellow cross hatch median located between the two buildings
and replace it with concrete curb to separate driving lanes from drive
thru lanes [Chapter 4, Section 7,8.2,]
\2, Provide signage and striping at northeast comer of Building A to prevent
traffic from entering the drive through from the wrong direction,
[Chapter 4, Section 7,8.2,]
\3, All plans submitted for specific penn its shall meet the city's code
requirements at time of application, These penn its include, but are not
limited to the following; site lighting, paving, drainage, curbing,
landscaping, irrigation and traffic control devices, Penn its required from
agencies such as FDOT, PBC, SFWMD, DEP, LWDD and any other
pennitting agency shall be included with the penn it request,
14, Entrance to S,W, 23rd Avenue is 39 feet wide which is greater than the
maximum allowable of 32 feet. Reduce the width of the entrance
driveway by 7 feet or obtain approval from the Director of Development
for the 39 foot wide driveway, [Chapter 23, Article II,H, I.]
15, Show six ittch thick concrete sidewalks thru both driveways, [Chapter
23, Article II, Section P,]
16. Provide location and details for fire lanes. [Chapter 23, Article ILM,]
17, Remove both stop bars/signs for southbound traffic along the eastern
parking area and the one for westbound traffic at the southwest comer of
the site for efficient traffic flow,
18, At the driveway on Congress A venue change the straight-thru arrow to a
right turn arrow and install a one way arrow sign in the median,
Page 3
Alhambra North
File No, NWSP 97-014
19, Revise dumpster plan view eliminating block wall in the front to provide
a clear, unobstructed opening of at least twenty feet.
20. At both egress driveways add dual 6 foot solid, yellow stripes 25 feet
back from the stop bars to delineate traffic lanes,
BUILDING DIVISION
Comments:
21. On the site plan place a note indicating that the required handicapped
accessible path leading to the entrances of both buildings from the
abutting public right-of-way and each handicapped parking space will be
designed and constructed in compliance with the regulations specified in
the Florida Accessibility Code for Building Construction, Section
4,1.2III (I) thru (4), Where applicable, specify with notes on the plan
the location of the required curb cut ramps and built up ramps.
22, Where applicable, provide the following information on the Paving and
Drainage Plan:
a) Show the location of the handicapped accessible curb cut ramp(s)
and built up ramps,
b) Provide a detail drawing of the built up ramps,
c) Specify the finish grade elevations and/or slope of the accessible
paths required to both buildings from the abutting right-of-way and
the handicapped parking spaces,
d) Identify the finish floor elevation of each building,
Note: All drawings, dimensions, surface finishes, elevations and slopes
shall comply with the regulations specified in the Florida Accessibility
Code for Building Construction, Section 4,1.2I1I (I) thru (4),
23, Based on the detail drawings submitted for the free-standing site sign
found on sheet A5,1, omit Note Number 2 found on the site plan
drawings.
24, The 173,851 I square foot proposed free-standing sign shown on the site
plan and illustrated on sheet A5.! exceeds the 64 square foot maximum
sign area allowed by the sign code, Amend the drawings to show the
sign area in compliance with the regulations of the sign code, [Chapter
21 - Sign Code, Article IV, Section 2]
25, The 25 foot tall proposed free-standing sign shown on sheet A5, I
exceeds the 20 foot maximum sign height, Reduce the height of the sign
to comply with the regulations of the sign code, [Chapter 21 - Sign
Code, Article IV, Section 2]
Page 4
Alhambra North
File No, NWSP 97-014
26, Amend all plan view drawings of the site to show the location of the site
sign meeting the minimum setback dimensions of ten feet identified in
the sign code, [Chapter 21 - Sign Code, Article III, Section 5]
27, The dimensions of the building signage (west building) illustrated on
sheet A2,I indicate the 635 (plus) square feet of proposed sign area
exceeds the 154.5 square feet of maximum sign area allowed by the sign
code, Amend the drawings to depict the total sign area in compliance
with the regulations of the sign code, [Chapter 21 - Sign Code, Article
IV, Section 2]
28, All signs that are shown erected upon a parapet wall that extends above
the roof line are prohibited signs, Therefore, to show compliance with
the sign code all proposed signs that are shown above the roof line shall
be removed or relocated below the roof line, [Chapter 21 - Sign Code,
Article n, Section 3 and Chapter I - General Provisions, Article n,
definition of Roof Sign]
29, At time of site plan review building signage is required to be submitted
and reviewed for compliance with the applicable codes, Because the
applicant did not provide detail drawings of the signage proposed for the
east building, the applicant shall place a note on the elevation view
drawing of the east building indicating that no building signage will be
installed on the building or provide a note stating that a subsequent site
plan approval is required for building signage,
30, Permit plans for the proposed project shall comply with the applicable
Building, Energy and Accessibility Code. [Chapter 20 - Building,
Housing and Construction Regulations]
PARKS AND RECREATION
Comments: None
FORESTER/ENVIRONMENTALIST
Comments: None
PLANNING AND ZONING
Comments:
31. With the permit set of drawings provide a clause on the survey stating
that the property was abstracted for all easements, right-of-ways and
utility lines, as required by LDR, Chapter 4, Section 7,A.
Page 5
Alhambra North
File No, NWSP 97-014
32, Provide a statement on the site plan that no part of the subject site will be
sold, detached or otherwise separated from the original tract of land
without the City of Boynton Beach approval of a subdivision plat.
33, Provide lighting details showing shields diverting light from the
residential properties located to the north and to the east of the site.
34, Proposed buffer wall shall be set back, at minimum, a distance of 2 feet
from the northern and eastern property lines, as required by the LDR,
Chapter 2, Section 4,L, Relocate the buffer wall at a minimum of 2 feet
into the property and dimension the setback required,
35, On the site plan show traffic control markings within the vehicular
system of the development, including drive-thru lanes, as required by
LDR, Chapter 4, Section 7,B.2,
36, Show on the site plan and dimension all required and proposed setbacks
of all structures as required by LDR, Chapter 4, Section 7,B, I,
37, Submit drawings showing color elevations of both proposed buildings as
required by LDR, Chapter 4, Section 7,D,2, Since these were not
submitted for staff review, a future site plan modification and/or appeal
may be required if the drawings do not comply with the Community
Design Plan,
38, Submit a presentation board containing samples of all major exterior
building materials as required by LDR, Chapter 4, Section 7,D, 1.
39, On the elevation drawings for the medical office building depict color
codes and manufacturer's names of all exterior finishes, as required by
LDR, Chapter 4, Section 7,D,1.
40, On the landscape plan, indicate all existing and proposed easements to
avoid potential conflicts with the utility lines and proposed structures,
41. Eliminate the discrepancy between the proposed height of the
Walgreen's building as depicted on the site plan and elevations.
42, Provide Leisureville Homeowners Association approval of the proposed
buffer wall, as warranted by the Settlement and Stipulated Agreement.
43, Comply with the comments from Palm Beach County regarding access
which include moving the driveway onto Golf Road east against the
property line or constructing a median from the Golf RoadIW oolbright
intersection east to the turn lane,
Page 6
Alhambra North
File No, NWSP 97-014
44, For consistency, eliminate discrepancies between elevations, floor plan
and site plan depiction of both buildings,
45, Provide color elevations of the proposed signs,
46, Any roof top equipment shall be screened from view at a distance of 600
feet. If such equipment is planned, indicate its location and the height of
the equipment above the roof level. Provide elevations of the structure
showing the roof top equipment and the required screening (all reduced
to a small scale) and draw in on these elevations the lines-of-sight
connecting the highest point of the equipment with eye level from a
distance of 600 hundred feet from the building (LDR, Chapter 9, Section
I l.E),
47, The proposed 13,905 square foot drugstore with drive-thru is not a
permitted use in the C-l zoning district. No permits will be issued until
an application to rezone the property from C-l to C-2, a small scale land
use amendment and an amended stipulated agreement are approved by
the City Commission and DCA.
48, Lake Worth Drainage District requires that a drainage permit be issued
for the proposed on-site drainage, Provide L.W,D,D, permit prior to
building permit issuance,
ADDITIONAL PLANNING AND DEVELOPMENT BOARD CONDITIONS
49, Request denied, X
ADDITIONAL CITY COMMISSION CONDITIONS
50, To be determined,
TJH:dim
J :\SHRDA T AIPLANNINGlSHAREDI WPlPROJECTSIALHAMBRA NORTH\NWSPlCOND, OF APPROV AL-II-4 CC,DOC
,...I,,1G, U,j,
MILNL,,~ CORPORATION
BUILDERS a lAND DevELOPERS
3475 WOOLBRIGHT ROAD. BOYNTON BEACH. FLORIDA 33436
PHONE 561/733-43$3 . FAX 561 n33-7875
TELEFAX TRANSMISSION
DATE: Octobe< 21, 1997
TO: Ms. Sue Kruse. City Clerk. City o(Boynton Bead>
FAX NUMBER: 375-6090
FROM: Norman J Michael
NUMJlt:l\ OF !'AGES,INCLUDING COVEa Sm:ET: 1
If YOU HAVE ,fillY PROBLEMS wrrn nus TRANSMISSION OR DO NOT
RECEIVE ALL OF THE PAGES. PLEASE CONTACT DEBBIE HOTCHKlSS AT
56\1733-4353 THANK YOU
MESSAGE:
.
Dear Ms Kruse
The Alhamb", Square North project i. ochodulod (or the C~y Commiuion moetill8 on
Novembel' 4, 1997 This lottei' is . l'CC\ueat to COtltUtuc the hearing until December 2,
1997,
W c appreciatc your confirmatioo that the matter bas been continued until that date at your
earliest convenience.
am regard..
h
.
10/28/97 - MR. NORMAN MICHAEL:
YOUR ABOVE REQUEST WILL BE DISTRIBUTED TO THE CITY COMMISSION MEMBERS
AT THE MEETING ON NOVEMBER 4. 1997. THE CITY COMMISSION WILL MAKE THE
DECISION WHETHER TO HONOR YOUR REQUEST.
-_.~~
......,,,...
RUDNICK & WOLFE
James Cherof
City Attorney
City of Boynton Beach
October 29, 1997
Page 2
Thank you for your cooperation, In the interest of our client, please let us know if this
matter will be continued,
Cordially yours.
(1
\
CAR/sip
CAH64 757
cc: Mr, Alan Bumberg