LEGAL APPROVAL
r,I
~ The City of Boynton Beach
DEVELOPMENT DEPARTMENT
PLANNING AND ZONING DMSON
100 E. Boynton Beach Boulevard
P.O. Box 310
Boynton Beach, Florida 33425-0310
TEL: 561-742-6260
FAX: 561-742-6259
www.boynton-beach.org
February 23, 2004
Mr. Michael Hoeflinger
Atlantis Development Group LLC
51 S.W. 11th Street, Unit #637
Miami, FL 33130
RE:
File No.
Location:
Venetian Villas
NWSP 03-021
SW 13th Street & SW 23rd Avenue
Dear Mr. Hoeflinger:
Enclosed is the Development Order granted by the City Commission on February 17, 2003. The site plan approval is to
construct 50 fee-simple townhouse units on a 4,699 acre parcel in the R-3 zoning district. The Conditions of Approval are
attached, including the following conditions added by the City Commission; "approval is subject to a 6' wall on the southern
border, the reduced height lighting that would be available to all residents in the evening and subject to final agreement by the
neighboring associations and the courts." The approval is valid for one year from the date of final approval. In order to
maintain vested status, a building permit must be secured or an extension granted within one year of fmal site plan approval.
To continue this project through the development process, please revise relevant pages of your approved site plan to
incorporate all conditions of approval as applicable. A copy of the Development Order, including these conditions, must
accompany the submission of the fully amended site plan set. The person managing your permit applications should be made
aware of any additional documents and third party letters listed in the conditions of approval that need to be submitted with
your permit package.
The Building Division is committed to speedy and efficient completion of the building permit process for your project.
However, please note that failure to meet all applicable Development Order conditions in the submitted plan set may produce
unnecessary delays in permit issuance. A thorough review will be conducted by the Plan Review Analyst and if the necessary
documentation is not attached and/or the plans are not amended to reflect all of the approval conditions, the plans will be
returned to the applicant for correction and re-submittal before the permit is further processed. Feel free to contact any TRC
member for additional clarification of comments.
Imoortant: If you plan to introduce any changes to your approved site plan beyond those required by conditions of approval,
please contact our staff for a review before submitting a permit package to the Building Division.
A copy of the complete Development Order and Amended Site Plans reflecting the "Conditions of Approval" must be
submitted to the Building Department along with the first permit request to avoid any delays in the processing of your
permit.
Should you have any questions regarding this matter, please feel free to contact this office at (561) 742-6260.
, ichael W. Rumpf
1'Director of Planning & Zoning
S:\Planning\SHARED\WP\PROJECTS\Venetian Villas\Site Plan approval letter after CC - new.rtf
I'
"
DEVELODIVIENT ORDER OF THE CITY CO~"" 'ISSION OF THE
CITY OF BOYNTON BEACH, FL... .(IDA
PROJECT NAME: Venetian Villas
APPLICANT'S AGENT: Mr. Michael Hoeflinger with Atlantis Development Group LLC
APPLICANT'S ADDRESS: 51 Southwest 11th Street Unit 637 Miami, FL 33130
DATE OF HEARING RATIFICATION BEFORE CITY COMMISSION: January 6,2004
TYPE OF RELIEF SOUGHT: New site plan approval to construct 50 fee-simple townhouse units on a
4.699 acre parcel in the R-3 zoning district
LOCATION OF PROPERTY: South side of Southwest 23rd Avenue, located east of Congress and
Avenue and west of Southwest 13th Street .
DRAWING(S): SEE EXHIBIT"B" ATTACHED HERETO.
X THIS MATTER came before the City Commission of the City of Boynton Beach, Florida
appearing on the Consent Agenda on the date above. The City Commission hereby adopts the
findings and recommendation of the Planning and Development Board, which Board found as follows:
OR
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:
DATED:
1.
Application for the relief sought was made by the Applicant in ~ maAf~er-GOnsistem-witR---i
the requirements of the City's Land Development Regulations. ! ~ :J~_@_l~_J_lL~ ~ I
TheApp~~s II it:, FEB 202004 JWI!
HAS NOT I L.... _!
! DEPARTMENT OF DEVELOPMENT I
established by substantial competent evidence a basis for the felief;equested. .. .~.'
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 "C" with notation "Included".
2.
3.
4.
The Applicant's application for relief is hereby
./"'GRANTED subject to the conditions referenced in paragraph 3 hereof.
DENIED
5.
6.
This Order shall take effect immediately upon issuance by the City Clerk.
All further development on the property shall be made in accordance with the t
and conditions of this order.
7.
Other
S:\Planning\SHARED\WP\PROJECTS\Venetian Villas\DO.d
,.......
~
"
\.
EXHIBIT "C"
Conditions of Approval
"
Project name: Venetian Villas
File number: NWSP 03-021
Reference: 2nd review plans identified as a New site Plan with an December 2. 2003 Planning and Zoning
Department date stamp marking.
DEPARTMENTS INCLUDE REJECT
PUBLIC WORKS - General
Comments:
1. Public Works requests that future owners residing in the building labeled as X
Building "C" (as shown on sheet AS-I) would locate their containers across
the street on the east side of Buildinll "C" on trash pickup davs.
PUBLIC WORKS - Traffic
Comments:
2. Permits will be re~uired from Palm Beach County for driveways proposed X
onto Southwest 23 Avenue (Golf Road).
3. The proposed shunt turnarounds do not meet minimum City standards (City X
Standard Drawing P-10). The design of the turnarounds can be addressed at
the time of Permittinll.
4. Improve (with an acceptable surface material) that portion of the Southwest X
13th Street cul-de-sac so that it connects with the project's proposed point of
emergency vehicle ingress / egress, located at the southeast comer of the
subject property (Chapter 6, Article N, Section I.A.4.). The site plan (sheet
AS-I) shows that the "connected" portion of Southwest 13th Street would be
approximately 18 feet in width.
ENGINEERING DIVISION
Comments:
5. At the time of permitting, the dimensions of the proposed parallel parking X
spaces would have to comply with Engineerinll Drawing K -1.
6. At the time of permitting, all comments requiring changes and/or corrections X
to the plans shall be reflected on all appropriate sheets.
7. All engineering construction details shall be in accordance with the applicable X
City of Boynton Beach Standard Drawings and the "Engineering Design
Handbook and Construction Standards" and will be reviewed at the time of
construction permit application.
COA
02/18/04
2
DEPARTMENTS INCLUDE REJECT
UTILITIES
Comments:
8. All utility easements shall be shown on the site plan and landscape plans (as X
well as the water and sewer plans) so that we may determine which
appurtenances, trees or shrubbery may interfere with utilities. In general,
palm trees will be the only tree species allowed within utility 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. The LDR, Chapter 7.5, Article I, Section 18.1 gives public utilities
the authority to remove any trees that interfere with utility services, either in
utility easements or public ri~ts-of-way.
9. Water and sewer lines to be owned and operated by the City shall be included X
within utility easements. Please show all proposed easements on the
drawings, using a minimum width of 12 feet. Wider easement widths may be
required based on depth of sanitary sewer.
10. Palm Beach County Health Department permits will be required for the water X
and sewer systems servin~ this proiect.(CODE, Section 26-12).
11. Fire flow calculations will be required demonstrating the City Code X
requirement of 1,500 g.p.m. as stated in the LDR, Chapter 6, Article N,
Section 16, or the requirement imposed by insurance underwriters, whichever
is greater (CODE, Section 26-16(b)).
12. The CODE, Section 26-34(E) requires that a capacity reservation fee be paid X
for this project either upon the request for the Department's signature on the
Health Department application forms or within 30 days of site plan approval,
whichever occurs first. This fee will be determined based upon final meter
size, or expected demand.
13. A building permit for this project shall not be issued until this Department has X
approved the plans for the water and/or sewer improvements required to
service this project, in accordance with the CODE, Section 26-15.
FIRE
Comments:
14. Prior to Fire Department approval of a building permit, new construction X
projects must provide the results of a hydrant flow test indicating a fire flow
not less than 1500 gpm @ 20 psi above domestic use. This applies to new or
existin~ hydrants within the required 200 feet of the facility.
.,
COA
02/18/04
3
DEPARTMENTS INCLUDE REJECT
15. The Fire Department will require a Knox or key activated lock at the alternate X
points of emergency access.
POLICE
Comments: None X
BUILDING DIVISION
Comments:
16. Buildings, structures and parts thereof shall be designed to withstand the X
minimum wind loads of 140 mph. Wind forces on every building or structure
shall be determined by the provisions of ASCE 7, Chapter 6, and the
provisions of 2001 FBC, Section 1606 (Wind Loads). Calculations that are
signed and sealed by a design professional registered in the state of Florida
shall be submitted for review at the time of permit application.
17. At time of permit review, submit signed and sealed working drawings of the
proposed construction.
18. Identify within the site data the finish floor elevation (lowest floor elevation) X
that is proposed for the building. Verify that the proposed elevation is in
compliance with regulations of the code by adding specifications to the site
data that address the following issues:
The design professional-of-record for the project shall add the following text
to the site data. "The proposed finish floor elevation _" _ NGVD is
above the highest 100-year base flood elevation applicable to the building
site, as determined by the SFWMD' s surface water management construction
development regulations."
19. A water-use permit from SFWMD is required for an irrigation system that X
utilizes water from a well or body of water as its source. A copy of the permit
shall be submitted at the time of Permit application, F.S. 373.216.
20. If capital facility fees (water and sewer) are paid in advance to the City of X
Boynton Beach Utilities Department, the following information shall be
provided at the time of building permit application:
. The full name of the project as it appears on the Development Order and
the Commission-approved site plan;
. If the project is a multi-family project, the building number/s must be
provided. The building numbers must be the same as noted on the
Commission-approved site plans;
. The number of dwelling units in each building;
. The number of bedrooms in each dwelling unit;
COA
02/18/04
4
DEPARTMENTS INCLUDE REJECT
. The total amount paid and itemized into how much is for water and how
much is for sewer.
(CBBCO, Chapter 26, Article II, Sections 26-34).
21. At time of building permit application, submit verification that the City of X
Boynton Beach Parks and Recreation Impact Fee requirements have been
satisfied by a paid fee or conveyance of property. The following information
shall be provided:
. A legal description of the land;
. The full name of the project as it appears on the Development Order and
the Commission-approved site plan;
. If the project is a multi-family project, the building number/s must be
provided. The building numbers must be the same as noted on the
Commission-approved site plans;
. The number of dwelling units in each building;
. The total amount being paid;
(CBBCO, Chapter 1, Article V, Section 3(f)).
22. Light poles shall be designed to withstand 140 mph wind loads per 2001 X
FBC, Section 1606.
23. Site lighting shall comply with CBBCO, Chapter 23, Article II (A)(l)(a). A X
minimum average light level of one-foot candle shall be provided, with no
more than 10 percent of the spot readings below one-foot candle and none
below one-half foot candle.
PARKS AND RECREATION
Comments:
24. Recreation Facilities Impact Fee: X
. 50 single Family attached Units X $770 ea = $38,500;
. Fee is due at the time of the first applicable building permit.
FORESTER/ENVIRONMENTALIST
Comments:
25. The Landscape Architect should review the tabular mitigation for the 408- X
caliper inches of existing trees proposed to be removed and show all 408-
caliper inches of replacement trees as Quercus virginiana, and / or Swetenia
mahogany. These replacement trees should be of the height, canopy spread
and caliper to visually buffer the proposed structures between the top of beam
and top of ridge building heights. These replacement trees should be located
along the South and East property areas and shown by a separate symbol on
COA
02/18/04
5
DEPARTMENTS INCLUDE REJECT
the landscape plan. The replacement trees should be placed along the outside
perimeter of the buildings to visually screen the structures from the
surrounding residential neighborhoods.
26. The Tree & Palm Planting Detail should include a line on the drawing X
indicating where the:
. diameter at breast height (4.5 feet off ground) of the trees are to be
measured for a minimum of three (3) inches caliper at time of planting;
. overall height of the tree or palm is to be measured at time of planting;
. clear trunk, clear wood, gray wood or trunk is to be measured at time of
planting.
27. The applicant should show an elevation cross-section detail indicating how X
the height of the proposed landscape material will visually buffer the
proposed driveway areas from the Golf Road and S.W. 13th Street rights-of-
way.
PLANNING AND ZONING
Comments:
28. The project must obtain approval from the School District of Palm Beach X
County regarding school concurrency prior to the issuance of a building
permit. It would be preferable to have this approval prior to the Planning &
Development Board meeting (December 18, 2003).
29. The site plan should indicate the FLU and the Official zoning districts for the X
abuttin~ properties.
30. Place a note on the site plan: No provisions for outdoor patios, interior X
fencing, screen enclosures, or solid-roof enclosures. Any future request
would require a major site plan. This note will help to avoid confusion in the
future when project is built out.
31. On the landscape plan, ensure that the plant quantities match between the X
tabular data and the graphic illustration.
32. An extra row of colorful low-growing groundcover would be required within X
the north and east landscape buffers (on the street side of the Cocoplum
hedges) in order to comply with Chapter 7.5, Article II, Section 5.D of the
Land Development Regulations.
33. The Stipulation and Settlement Agreement requires that the Alhambra Square X
South and Alhambra Square ACLF: Building height shall not exceed two (2)
stories. The plans comply and therefore, staff has no recommendation. Plans
must remain consistent with agreement or amend agreement as necessary.
The site plan (sheet AS-I) must be corrected to indicate that two (2) stories
and 26 feet - five (5) inches are proposed rather than three (3) stories / 29
COA
02/18/04
6
DEPARTMENTS
feet.
34. The Stipulation and Settlement Agreement requires that the Alhambra Square
South and Alhambra Square ACLF: Roof pitch not steeper than 4:12. The
plans comply and therefore, staff has no recommendation. Plans must remain
consistent with agreement or amend agreement as necessary.
35. The Stipulation and Settlement Agreement requires that the Alhambra Square
South and Alhambra Square ACLF: All dumpsters to be located away from
adjacent residential areas, and at least one hundred feet from the south
property line of the Alhambra Square South and Alhambra Square ACLF
Parcels. The plans comply since no dumpster enclosure is proposed and
therefore, staff has no recommendation. Plans must remain consistent with
agreement or amend agreement as necessary.
36. The Stipulation and Settlement Agreement requires that the Alhambra Square
South and Alhambra Square ACLF: Use of the property shall be limited to an
Adult Congregate Living Facility. The proposed use violates this stipulation.
Staff recommends amending the Agreement so that there is no violation. The
Agreement must be amended to allow the proposed unit (townhouse) types.
If not amended, the plans must be modified to comoly with the stipulation.
37. The Stipulation and Settlement Agreement requires that the Alhambra Square
South and Alhambra Square ACLF: A combination of landscaping and wall
(the "Wall") shall be constructed on the south property line of the Alhambra
Square South and Alhambra Square ACLF parcels. The plan and design of
the Wall shall be coordinated with and approved by the governing
Associations of the adjacent residential property. Approval of the Wall shall
not be unreasonably withheld by the governing associations, the Wall shall be
constructed at no cost or expense to the governing associations. The lack of
the wall along the south property line violates this stipulation. Staff
recommends a combination of wall / landscaping similar to the Homewood
Residence to be placed along the southern property line of the subject
property. This would require amendin~ the Agreement.
38. The Stipulation and Settlement Agreement requires that the Alhambra Square
South and Alhambra Square ACLF: Parking lot lighting shall be shaded and
shielded so as to not shine directly into adjacent residential areas; parking lot
lighting shall not be illuminated after 11 :00 p.m.; parking lot lighting poles
shall be at the minimum height permitted or allowable by BOYNTON
BEACH. A note on the plans indicates that the lights would comply with
Chapter 23, Article II.A.1 of the Land Development Regulations, meaning
that they will remain illuminated until 2:00 a.m. Therefore, the plans are in
violation of this stipulation. Staff recommends amending the Agreement so
that there is no violation, however, if restrictions are placed on project
lighting, the lighting should not be below the typical lighting levels of public
streets.
INCLUDE REJECT
x
x
x
x
x
COA
02/18/04
7
DEPARTMENTS INCLUDE REJECT
39. The Stipulation and Settlement Agreement requires that the Alhambra Square X
South and Alhambra Square ACLF: At such time as building plans are
presented to BOYNTON BEACH for permit, copies of the Wall plan and site
plan shall be submitted to the governing associations. Staff has no opinion on
this requirement.
40. The Stipulation and Settlement Agreement requires that the Alhambra Square X
South and Alhambra Square ACLF: No parking spaces or improvements
except landscaping 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. The plans comply and therefore, staff has
no recommendation.
41. The Stipulation and Settlement Agreement requires that the Alhambra Square X
South and Alhambra Square ACLF: Deceleration entry lanes shall be
provided at each entrance if deemed necessary by BOYNTON BEACH. The
plans comply and therefore, staffhas no recommendation.
42. Due to the limited amount of dedicated recreation / open space, staff X
recommends incorporating a meandering trail into the design of the southern
landscape buffer.
43. Staff recommends varying the heights of the proposed Live Oak and Sweet X
Mahogany trees proposed within the east landscape buffer (between 12 feet
and 16 feet).
44. If possible, City staff respectfully requests the applicant petition the L WDD X
to dredge the right-of-way adjacent to the subject property, to the minimal
extent possible (to the satisfaction of the District) so as to not impact the flora
and fauna that may be found in the L WDD right-of-way.
ADDITIONAL PLANNING & DEVELOPMENT BOARD COMMENTS:
Comments:
45. To allow the applicant and staff to work together (prior to the City X
Commission meeting) to re-examine conditions #24 and #25 for completeness
and accuracy. If the conditions are in fact correct as it relates to the proposed
site plan, the applicant agrees to the conditions.
46. Regarding condition of approval #37: In lieu of a buffer wall, the developer X
will provide adequate landscaping (shrubs) along the southern property line
adjacent to the L WDD canal, in order to provide screening and security. The
omission of a buffer wall would require amending the Stipulation and
Settlement Agreement.
ADDITIONAL CITY COMMISSION COMMENTS:
(
\
COA
02/19/04
8
DEPARTMENTS INCLUDE REJECT
Comments:
47. Replace condition #46 with requirement that the proposed wall at the X
southern border be 6 feet in height or consistent with the amended
settlement agreement.
48. Replace condition #38 with requirement that lighting fixtures be reduced in X
height (where visible from 13th Street or consistent with the amended
settlement agreement.
49. Approval is subject to final approval by neighborhood associations and the X
courts.
MWR/elj
S:\Planning\SHARED\WP\PROJECTS\Venetian Villas\COA.doc
Motion
Commissioner Ensler moved that Venetian Villas be approved subject to a 6' wall on the
southern border, the reduced height lighting that would be available to all residents in the
evening and subject to final agreement by the neighboring associations and the courts. Vice
Mayor Ferguson seconded the motion that carried unanimously.
U~'~J'LUU~ i~.~{
~:J4((14 1
GOREN CHEROF ET '
r;r lf~n~~A Vii fa..s.
PAGE 03/05
PAGE 214 . RCW AT lM5J200411:24:29AM(Eastem Sllndard Time]' SVR:FTlFAX!' DNIS:4074 t CSIO:5818323036' DURATION (mm-ss):01.14
-... . -... .. -...... - --... .......,. ----...... .....-....
T-452 P.D02/004 F-380
-
.,
Mll..NOR CORPORATION, a Florida
Corporation; NORMAN J. MICHAEL
and ELISHKA B. MICHAEL, his wife,
IN THE CIRCUIT COURT OF
THE 15TH runICIAL CIRCUIT
IN AND FOR PALM BEACH
COUNTY, FLORIDA
CASE NO.: CL 89-6178 AN
CIVIL DIVISION
Plaintiff,
VS.
THE CITY OF BOYNTON BEACH,
A Florida Municipal corporation,
. I 63IM
Defendant,
I
JOINT MOTION AND AGREED ORDER
The Plaintiff, RSPB, LLC, a Florida limited cOlnpe:oy C"RSPB") as sucoessor in inttJ.'esl to
Plaintiffs MILNOR CORPORATION, a. Florida corporation ("Milnorn), NORMAN S.
MICHAEL and EUSHKA B. MICHAEL, his wife r'Michael") and CITY OF BOYNTON
BEACH FLORIDA, a Florida Municipal Corporation ('Boynton Bead)") by aJ)d through their
undersigned attonl~Ys, hereby jomtly move for conse11t from this Court to proceed with City
Commission review of proposed developMe.1'lt oftl1e property which was the subject of this action
and as grounds states:
1. Milnor, Michael arid Boynton Beach entered into a certain Stipulation and
Settlement Agreeme:nt ("Agreement'') last dated October 31, 1989.
2. The Agreement was approved by the Court by Order on October 2. 1990.
3. The Court retained subject maUer jurisdiction of this action.
4. The Agreemept and C01111 Order specify a land use designa.tion and zoning
classification for the property and impose certain use limitation and other d.evelopment conditions
on a 4.01 acre parcel of real property situated at tbe northeast intersection of Congress Avenue and
Gulf Road (Southwest 23rd Avenue).
~111~/L~~4 l~:~(
':::tCl4ff14 ~
GOREN CHEROF ET i
PAGE 04/05
...
PAGE~I~.: RC~N.1M~ ~1:~~:~9 AM!Ea~m~!~~~r~.~~eLS~:FTLFAX6' DNIS:4074' CSID:SS18323036' ~~~J~ t~~!1:01.14
T-452 P.003/004 F-3S0
..
5. RSPB has requested tl'le. City. Conunission to revi ew a proposal to develop the
propeny fn a manner currently inconsistent with the Agreement, pursuant to a proposed site plan
that has been submitted by Michael Hoet1inger, Atlantis Development Group LLC, pursuant to a
contract to purchase the subject property, which development is la10wn as the Venetian Villas
project (Boynton Beach tracking number NWSP 03-021).
G. TIle parties believe it would be beneficial for the City Commission to review the
proposal NWSP 03-021. To that end, the p3J1ies T'l!:quest entry of the follow~g Agreed Order
which would so authorize the City COlnmission, albeit in the limited fashion set forth in the
Agreed Otder.
JAMES A. CHEROF, ESQ.
City Attomey for 1l1e
CITY OF BOYNTON BEACH
) 00 E. :Boynton Beach Blvd.
Boynton Beach, Florida 33435
(561) 742-6050
FJoridaBaf . 91846
KEITH C. AUSTIN, JR.
Attorney for Plaintiff{s)
223 Peruvian Avenue
Palm Beach, FL 33480
(56]) 655-$).66
Florida Bar' .
"
/
,t'
.lAI\iffiS A. CHBROF
DAtED: .lA, ft yJ'
,. ,
AGREED ORDER
TIle Cotlrt having c01lsidered the Joint Motion of the parties set forth above and being
otlleJWise duly advjsed in the premises, it is hereby Ordered and Adjudged tbat:
1. The City Commission of tile City of Boynton Beach is granted leave to review
Plaintiffs' propoel!Xi development oftbe subject property.
2. If, upOP eonlplet;oXl of review QfPlaintiff's applicat;on fo~ amendment, the Plaintiff
U~'~J'4UU~ ~~.~, ~~4((lU GOREN CHEROF ET
PAGE~W Rcyo ~!.1J.1~411:2~~29 AM ~a~te.~ ~.~~d.1Ji!I~r .~:FTLFAX6' DNlS:4074' CSID:5818323036, ~~.T!~~ lll!l'l'81):O\.l"
PAGE 05/05
T~452 P 004/D04 F-!9D
has obtained a favorable ruling recommendation from the City Commission, the parties may
jointly petition the Court for modifications to the Agreement.
3. This Joint Motion and Agreed Order does not obligate the City of Boynton
Beacb to enact use amendments inconsistent with those set forth in this Court's October 20, 1990
Order. The sole purpose aDd jntent of this Joint Motion al1dAgreed Order is to allow the City of
Boynton Beach to mQre fully consider the amendment being requested by the Plaintiffs.
DONE and ORDERED at West Pal111 Beach, Palm Beach County, Florida this
..::~ ~ :.... .,: ."".....
:.... '~'.: '.. t,.n
.. .....'
day
of
2004.
. ~: "'I'. :
" ~'.~:~~.:'D
!.., " .
.,:. '~"1 If
" ,"
'..
- ."'~~;~,:'.~....-. ..
1.-' -.- .~..~. c... ,. ,..'
~_.-.:"'~~~~'I' A !"~I~";'''''''';';';''
Circuit Court Judge . '.' "'!~(Ci:".:::
. ", ',I;
Copies to:
Keith C. Austin, Jr., Esq. 223 Peruvian Avenue, Palm Beach, FL 33480
James Cherot. Esq., Goren, Cherof 3099 E. Commercial Blvd., Ste. 200, Ft. Lauderdale, FL
33308
Thomas R. Boll, Esq., PO Box 1900, Ft. Lauderdale, FL 33302
Meeting Minutes
Regular City Commission
Boynton Beach, Florida
February 18, 2003
Motion
Commissioner McCray moved to table agenda item VII. Legal. D until the March
18, 2003 Commission meeting. Commissioner McKoy seconded the motion that
carried unanimously.
IV. ADMINISTRATIVE:
A. Accept letter of resignation from Irene Latour, Regular Member of
Education Advisory Board
Motion
Vice Mayor Ferguson moved to regretfully accept the resignation of Irene Latour.
Commissioner McCray seconded the motion that carried unanimously.
B. Appointments to be made:
None (Advisory Board appointments will appear on the April 1st
agenda. )
C. Consider Developer's request to enter into a Stipulation and Agreed
Court Order, which would authorize the City to review the development
application that was denied by the Planning & Development Board (P & D Board)
City Attorney Cherof clarified that the Commission was not being asked to
consider the development proposal itself. They were being asked whether the
City should agree to go back to the Court and ask the Judge in that proceeding
to allow the City to review an application for development on the property that is
inconsistent with the 1989 Court Order. Until such time as the Court releases the
City and the other parties to that litigation, there is nothing for the City to do but
honor the Court Order. If the Commission agreed to go back to the Court with
this request, the result would be that the matter that came before the Planning &
Development Board fourteen years previously would come before the
Commission at some future date if the Commission so desired.
Steve Brandt, 2324 S.W. 13th Street, Boynton Beach, stated that he was
concerned that the Commission might allow the developer to circumvent the
development review process and approve a project that was not approved by the
Planning & Development Board and not wanted by its neighbors. The developer
received the approval of a small group of people in a homeowners association,
but this approval was not representative of the entire neighborhood. In the
existing agreement with the Court, the neighborhood and the City agreed to
allow an ACLF on R1AA property based on some specific agreements and
adjustments. He felt that if the issue were to be revisited, the City should make
5
Meeting Minutes
Regular City Commission
Boynton Beach, Florida
February 18, 2003
a requirement that it be reviewed as R1M since that was the zoning on the
property without the existing Court Order.
Douglas Badin, 2314 S.W. 13th Street, Boynton Beach, spoke as a resident
of Golfview Harbor saying that the ACLF developer had come to the residents
several years ago with plans. They listened to the residents, made changes, and
worked with them. Centex did not do this. When the P & D Board heard the
project, there were 37 conditions and the developer took issue with three of
them. The need for a wall on the south perimeter, for example, was clearly
called out in the Stipulation and Settlement agreement of 1989. The lot was
planned for 40 to 50 houses and half of that lot is already used by the ACLF. He
asked that the Commission follow the existing agreement.
. Mayor Broening stated that these issues did not directly bear on the decision
before the Commission, which was to decide whether the City should go back to
the Court and request to hear a developer's request that was not consistent with
the Court Order.
Peter Ryland, 1311 S.W. 25th Avenue, Boynton Beach, referred to the
legal issues in the Court Agreement, saying that it stated: "If upon completion of
the review of the Plaintiff's application for amendment, the Plaintiff has obtained
a favorable recommendation from the Planning & Development Board, the
Parties may jointly petition the Court for modifications to the Agreement." He
heard earlier that Mr. Weiner had prepared a motion. This project was voted
down in Planning & Development. The City Attorney's opinion at the time was
that it was finished and he felt that it was being re-opened because the
developer saw a chance to profit. He did not think it was fair to the homeowners
who had been in the City for twenty years and planned to seek legal advice.
Scott Berger, 2324 S. W. 13th Street, Boynton Beach, expressed his opinion
that lately, the Commission seemed to be representing the developers instead of
the citizens. Traffic was getting much worse from the many developments that
were being built. Allowing a condo to be built in the neighborhood would make it
even worse. He asked that the City adhere to the Court Order and not go with
Centex.
Helen Brandt, 2344 SW. 13th Street, Boynton Beach, agreed with her
neighbors that had spoken and did not want a Centex development. They were
promised an ACLF and that is what they wanted, along with a return to RlAA
zoning.
Carlos Rosello, 1321 S.W. 25th Avenue, Boynton Beach, stated that his
property was on the southeast corner of the proposed Hampton Court project.
6
Meeting Minutes
Regular City Commission
Boynton Beach, Florida
February 18, 2003
The issue was 4.7 acres of land where Centex was proposing to build 66 three to
four bedroom townhouses. At a minimum of 3 persons per townhouse, there
would be close to 200 people living inside 4.7 acres. With space for two
automobiles per residence, there would be 132 cars, not including the guests. He
thought that history had shown what happened in overcrowded developments.
He talked about the traffic on 23rd Avenue, the preferred access between
Congress Avenue and Bethesda Hospital. There are no traffic lights on this road.
With the construction of the new medical center on the comer of Congress and
23rd Avenue, and if accepted, the construction of Hampton Court, emergency
vehicle drivers might have to choose another route for fast access to the
hospital. Seconds count in an emergency. He asked the Commission to consider
the impact of this request. He felt that the density of the proposed development
far exceeded the capabilities of the area and that to allow it would not be
considerate of the long-time residents of the community. He asked the
Commission to reject the developer's proposal.
Michael Weiner, attorney for Centex, stated that they would always consider
any issue at any time. They respected the Board and the process. They wished
to have a forum at which they could look at any issue that was brought before
them under the appropriate circumstances and in accordance with the
ordinances of the City of Boynton Beach. He delivered into the record a copy of
Section 4.3 of the City's Code, which shows that actions taken by the Planning &
Development Board shall not be considered final until ratified by the City
Commission. Mr. Weiner wanted to put the project in a posture that would allow
final action to be taken.
City Attorney Cherof pointed out that the Code section submitted by Mr. Weiner
was not applicable to this process. This was a Court-stipulated process, not a
Code-governed one.
Comments from the Commissioners
Vice Mayor Ferguson was struck by the comments made by the citizens but did
not think that they were germane at this time. He believed that the process was
important and that as policymakers, the Commission had to have the final say on
this. They could not allow the Planning & Development Board to make these
decisions for the City any more than they could allow any other Boards to make
decisions for the Commission. The Commission must be the final arbiter. He felt
that the matter had to be reviewed.
Mayor Broening stated that the City was growing and that while there was not
1000/0 agreement on the Commission about it, the current philosophy was to
take a fOlWard look at growth. He felt that if the Commission agreed to allow the
7
Meeting Minutes
Regular City Commission
Boynton Beach, Florida
February 18, 2003
City to reinvestigate this issue, the process had to begin from scratch, with the
project being reviewed by staff first, followed by the Planning & Development
Board, and finally the City Commission. He was not in favor of bypassing the
Planning & Development Board. He was in favor of hearing the issue one more
time.
Motion
Commissioner Weiland moved to deny the consideration of the developer's
request to enter a Stipulation and Agreed Court Order that would authorize the
City to review the development application that was denied by the Planning &
Development Board. Commissioner McCray seconded the motion. The motion
failed 2-3, Mayor Broening, Commissioners McKoy and Ferguson dissenting.
Commissioner Weiland asked City Attorney Cherof to explain this matter to the
public. City Attorney Cherof indicated that initially, the Stipulation that the
developer had advanced that was before the Commission would allow the
Commission to review what the Planning & Development Board had denied. That
would be step 1 at a public hearing. If at that hearing the Commission decided it
liked all or part of the application to redevelop the property, then the applicant
would be required to go back to square one and make application to do that. He
believed that they would take the position that they had already begun that
process and that was what they would have in front of the Commission at the
meeting. When the Commission got to the point of hearing the matter and
having the public hearings, the approval of the Court would be required. Without
that Court approval, the 1990 Court Order would remain in effect,
notwithstanding any action this Commission might take.
Commissioner Weiland asked whether the site plan and rezoning would be heard
at the same time. City Attorney Cherof indicated that the site plan would not be
although the approval could be conditioned on those two matters moving
together. Mayor Broening stated that in the past, when the site plan was
germane to a rezoning, they had heard them both at the same time. He was not
anxious to see anything until it had citizen review with the P & D Board and staff.
He wanted to revisit it, though, to see if there were changes. The seven citizens
who were against it did not comprise a majority of the citizens of Boynton Beach
and the Commission serves the needs of the entire City.
Commissioner Weiland stated 66 town homes would not be compatible with the
surrounding neighborhood at this time. The only way it could be consistent
would be to build single-family, detached, fee simple residential homes. Vice
Mayor Ferguson stated that the issue that was before the Commission was to try
to get back to the Court to see if the Commission could have aegis over this. City
Attorney Cherof said that it would be highly unusual for the Judge not to sign the
8
Meeting Minutes
Regular City Commission
Boynton Beach, Florida
February 18, 2003
request and so the Commission could expect the matter to come back before
them after the Judge signed the Order.
Mayor Broening sought a motion that included his suggestion that any new
application would need full review by staff, the P & D Board, and the
Commission.
Mr. Weiner asked for an opportunity to show the revised project to staff. Staff
would see the pOints of change from the original staff plan. They asked that
there be no further hearings. Mr. Weiner stated that a P & 0 review would cause
them to have three hearings on the subject and would have the effect of causing
difficulties with contracts and would prevent them from moving forward with the
project. The Commission would be able to consider all the comments made by P
& 0 when they reviewed the project 14 years ago. The applicant did not see it
as bypassing the P & 0 Board and asked for an opportunity for the project to be
reviewed by staff and the Commission. This was not acceptable to many on the
Commission, who favored Mayor Broening's suggestion for a full review.
Commissioner Weiland was not interested in revisiting the project if the only
changes pertained to the density issue.
Quintus Greene, Development Director, stated that he was hearing an attempt to
bypass the P & 0 Board and that was not something that staff would
recommend. Staff was more than willing to review any changes that the
applicant would like to bring forward but once staff had reviewed those changes,
those changes should go to the P & 0 Board before coming to the City
Commission. The Commission agreed with this assessment.
Motion
Commissioner McKoy moved to authorize the City to enter a Stipulation and
Agreed Court Order to work towards that which would authorize the City to
review the development application that was denied by the P & 0 Board on the
basis of the Court-approved 1989 agreement between the City and the property
owner. Any new or substantial change to the existing application would need full
review by staff, P & 0, and the Commission. Vice Mayor Ferguson seconded the
motion.
The motion passed 4-1, Commissioner Weiland dissenting.
THE MEETrNG RECESSED A T 7:55 P.M. AND RESUMED A T 8:05 P.M.
V. CONSENT AGENDA:
9
Meeting Minutes
Planning&. Development Board
Bovnton Beach, Florida
Januarv 28{ 2003
Development (PUD) to allow the site planning for
66 fee-simple townhouses.
7.G. New Site Plan
2.
PROJECT:
AGENT:
OWNER:
LOCATION:
DESCRIPTION:
Hampton Court (NWSP 02-023)
Jennifer Liszak-Land Design South
RSPB LLC
East of Congress; south of SW 23rd Avenue
Request for site plan approval for 66 dwelling
units within seven (7), two-story, fee simple
townhouse buildings on 4.70 acres in a proposed
PUD zoning district.
The above two items were heard out of order.
Chairman Friedland announced that the above two items would be heard together but voted
on separately.
Dick Hudson, Senior Planner, explained that this is a unique case. This property is subject to
a settlement and stipulation agreement from the court in 1989. That settlement agreement
allowed the property to be rezoned to R-3 at that time. However, the use of the property
was limited to an Adult Congregate Living Facility (ACLF) with a total of 248 beds for the two
properties on the south side of Golf Road.
There were also restrictions in that agreement that governed building height, the roof pitch,
the parking lot lighting, the dumpster placement, the use of the Lake Worth Drainage District
Canal right-of-way, and buffering and landscaping. There was also a requirement that any
development on the site would be coordinated with the homeowners' associations of
adjacent residential neighborhoods. The applicants went to court to ask for reconsideration
of this agreement. The court said that if the Planning & Development Board gave an
affirmative vote to the project, then the court would review the settlement agreement. This
project, if approved, would go back to the court before it would go to the City Commission
for review.
This vacant property consists of 4.7 acres, classified as High Density Residential that allows
10.8 dwelling units per acre. The request is to rezone the property from R-3 to PUD in order
to build a 66-unit townhouse condominium complex with a recreation facility. To the west of
this property is a developed 93-bed ACLF that was developed consistent with the terms of
the settlement agreement.
4
Meeting Minutes
Planning It Development Board
Boynton BeachL Florida
Januarv 28. 2003
The applicants are proposing 66 condominium units in seven 2-story buildings. The
recreation area occupies 12,632 square feet on the southeast corner of the site. The total
pervious area for the site is 86,403 square feet. PUD regulations state that a 5-acre site is
the minimum site for a PUD. However, if this Board and the City Commission agree that a
smaller parcel should be approved as a PUD, then it can be done. The PUD regulations from
1989 state a certain percentage of the PUD must be set aside for recreation and open space.
A five-acre site would require approximately 24,000 square feet of recreation area and open
area of 149,000 square feet and they are proposing slightly less than that.
The proposed structures meet the two-story limit of the settlement agreement. The roof
pitch is very close to what the settlement agreement required.. There is no wall shown on
the site plan, which was required. There is nothing in the site plan that indicates there will
be any use of the Lake Worth Drainage Districrs right-of-way.
Staff's one major problem is with the density. The applicants propose slightly more than 14
units per acre and the maximum allowed on the property is 10.8. Mr. Hudson explained how
the applicants arrived at the 66 units. They said they are using the unused density because
the ACLF only used 93 beds and so there should be 155 beds remaining. Using the City's
2.3 beds per dwelling units, they believe they should get 67 units. The City does not have a
program for transferring density between properties under separate ownership.
Staff does not recommend approval of this rezoning at this time.
Eric Johnson, Planner, presented the site plan portion of the application. The applicants
propose 66 townhouses built in one phase. They submitted an environmental assessment.
There were no endangered, threatened, or species of special concern observed on the site.
There are ospreys; however, they are not listed as a species of special concern in the State
of Florida except in Monroe County.
The project meets the Palm Beach County Traffic Performance Standards. The paving,
grading, and drainage plan shows that there would be outfall into the Lake Worth Drainage
District (LWDD) canal. This outfall would require all permits from the LWDD. When
improving property that abuts the LWDD right-of-way, a developer must dredge or improve
that portion of the right-of-way. Any vegetation in the right-of-way may be required by the
LWDD to be removed. If possible, the City staff requests that the applicant petition the
LWDD to dredge the right-Of-way adjacent to the subject property to the minimal extent
pOSSible so not to impact the flora and fauna that may be in the right-of-way.
There would be one point of ingress/egress off of Golf Road. The Fire Department would
require "knock" boxes on the two gated openings to accommodate emergency vehicles. The
required parking spaces are 137 and the applicant proposes 158. The pervious area would
be 41.5% of the site.
The depth of the west landscape buffer would vary between 27 and 10 feet. The south
5
Meeting Minutes
Planning 81. Development Board
Bovnton Beach, Florida
Januarv 28, 200~
landscape buffer would be between 25 and 9 feet. The east landscape buffer would vary
between 40 and 15 feet. The roadway buffer would be 15 feet in width. A 6-foot wall would
surround the entire property except for the south buffer line. This is in conflict with the
settlement agreement.
PUD allows a height of 45 feet and the height of the proposed buildings is less. However, a
lesser height could be imposed if the compatibility with adjacent properties is an issue.
The outdoor lighting fixtures would be 10 feet in height and illuminated until 2:00 a.m. This
is required by code. The settlement agreement only allows the lights to be on until 11 :00
p.m.
There would be an entry sign but no building wall signs. There are 37 conditions of
approval.
Michael Weiner, attorney representing Centex, confirmed that they agree to 34 of the
conditions and would be discussing three of them. He reminded the Board that Mr. Hudson
said that staff only objected for one reason and that one reason concerned transferring of
densities between properties. His clients were not involved in this 1989 litigation and they
inherited this baggage.
Bob Bentz, Land Design South, showed a PowerPoint presentation regarding the
surrounding uses. To the west on Congress Avenue, commercial office buildings are being
built. To the north of that is high density residential with 10.8 dwelling units per acre. The
largest area surrounding this property is Leisureville with up to 7.8 dwelling units per acre.
To the east of the project is Golfview Harbor that is primarily a single family residential area.
South of the project across the canal is a single-family residential community. This canal is a
very large canal that can be navigated by boats and provides a large separation between this
development and the single-family homes on the other side. The adjacent parcel is the
Homewood Residence Congregate Living Facility.
Mr. Weiner explained that the applicants are requesting 66 units in seven 2-story buildings.
The staff analysis is made up of two parts. The first part concerns the fact that this piece of
property contains less than 5 acres. The second part deals with the eight criteria taken from
the Land Development Regulations, Chapter 2, Section 9. The applicants' burden is to prove
that the project is consistent with the Comprehensive Plan and complies with the procedural
reqUirements of this particular zoning ordinance In question. The City's burden is to
demonstrate that maintaining the existing zoning classification would accomplish a legitimate
public purpose. Mr. Weiner maintained that there is no legitimate purpose served by
keeping the present zoning in place.
6
Meeting Minutes
Planning&. Development Board
Bovnton Beach. Florida
Januarv 28. 2003
What makes this rezoning different from others is the existence of the lawsuit entitled Milnor
Corporation, etal vs. the City of Boynton Beach. This case is more than 14 years old. It
involved this piece of property and the surrounding homeowners' associations. This litigation
occurred long before the applicants were involved. A settlement was reached in 1990 that
allowed for development. A stipulation provided that the court should at all times maintain
jurisdiction. All the stakeholders in the lawsuit must be satisfied and they are. That is why
this proposal meets the terms of the Comprehensive Plan and the terms of the litigation.
The Land Use Problems and Opportunities section of the Comprehensive Plan states that the
land use, zoning, and development of the property shall be in accordance with the
settlement and stipulation agreement. The homeowners' associations did approve a
proposal substantially similar. Their attorneys took this to the court and the court directed
the applicants back to the City. The homeowners' associations have seen the site plan and
agreed that the applicant could proceed.
If the Board does not approve this, the only thing that can be built is what is in the
stipulation agreement, which is an ACLF. Staff's report stated that restricting this property to
an ACLF may leave it undevelopable. Staff said this may decrease compatibility with
surrounding homeowners. Mr. Weiner urged the Board to vote in favor of the rezoning and
the site plan.
Bob Bentz explained that the area of the litigation is almost 10 acres in size. It includes the
western portion of the property that was developed. The agreement said that 248 beds
would be developed on the property. Ninety-three beds were developed on the western
portion. Therefore, there are 155 beds remaining. He explained that if you divide 155 by
2.3, which is the ratio of beds to residential units in the City, this represents 67 equivalent
units. The project is consistent with the Comprehensive Plan because the Plan says that the
stipulation agreement will be followed for these properties.
Regarding the overall site plan, it was designed to be sensitive to the surrounding
community. This project would provide a transition between the large two-story buildings to
the west (ACLF) and the single-family units to the east. There would be very few units (8)
abutting the eastern boundary of the site. There would be one main access that is a gated
access and three emergency only access points. This site plan would be very compatible
with the surrounding area and the property meets all concurrency.
There are three conditions of approval that Mr. Bentz discussed.
~ Regarding condition #19 - they do not want to cut down the trees. They will keep those
trees as long as the Lake Worth Drainage District does not object.
~ Regarding condition #25 (signage) - they want to have their own identify and not look
like the existing ACLF.
7
Meeting Minutes
Planning It Development Board
Bovnton Beach. Florida
Januarv 28. 2003
:>> Condition #33 - they would like to not have a wall on the southern boundary of their
project so that their residents would have a view of this large canal.
Mr. Weiner presented into the record the following:
~ Boynton Beach Comprehensive Plan
~ Boynton Beach support documents
~ Comprehensive Plan criteria
~ Settlement Agreement
~ Letters of agreement from homeowners' associations
These items are marked "Exhibit A" and are on file in the office of the City Clerk.
In answer to Mr. Cwynar's question regarding what associations signed the agreement, Mr.
Weiner stated that Golfview Harbor Homeowners' Association, Inc. and Golfview Harbor
Estates signed it.
When questioned regarding whether Leisureville needed to approve, Mr. Hudson referred
the Board to page 6 (9 a and b) of the Stipulation and Settlement Agreement that states that
Boynton Leisureville was a party to the Alhambra North Parcel agreement and Golfview
Harbor and Golfview Harbor Estates were parties to the Alhambra South and Alhambra ACLF
Parcel agreement.
Richard Barrows, 2203 SW 22nd Way, Boynton Leisureville, strongly recommended
widening 23rd Avenue and making it three lanes with a left turn lane in the middle. He also
recommended a traffic light on 23rd Avenue.
Carlos Rosello, 1321 SW 25th Avenue, lives across the canal from the proposed project.
He is opposed to the plans. The representatives of Centex made it clear that their plans
would include usage of some water features of the canal. With four people per unit, a
minimum of 264 people would be living on 4.7 acres. This would be an overcrowded
development. Also, there are native species of birds and fish that inhabit the canal. He was
also concerned regarding the impact on emergency vehicles as SW 23rd Avenue is two lane
and there is no traffic light on 23rd. Another concern was regarding schools exceeding their
capacity .
Mr. McDowell, 1341 SW 25th Avenue, lives across the canal. He felt that the needs of a
few would be overruling the residents who have been here for many years. He was
concerned regarding the high density. This canal is not a mammoth canal. He asked the
Board to consider the rights of the residents who live there. He pointed out that the
homeowners' associations that they are talking about are not mandatory homeowners'
associations. A lot of the people in the associations do not live near the canal and he felt
that they voted on something on which they did not understand the impact.
8
Meeting Minutes
Planning &. Development Board
Bovnton Beac~a
Januarv 28. 20Q3,
Paul Fassolo, 1405 SW 25th Avenue, said that the canal is approximately 6 feet deep and
42 feet wide. He was concerned that this project would decrease property values. He also
had a concern regarding the traffic problems on Golf Road. He presented a photograph that
is marked "Exhibit B" and is on file in the office of the City Clerk.
Doug Badin, 2314 SW 13th Street, felt that the units would be too close to his house.
This area was previously zoned for single-family residential and then ACLF. Now, they want
condominiums. He suggested single-family zoning or a park.
Scott Berger, 2324 SW 13th Street, presented photographs taken after Hurricane Irene
after they built the current ACLF. They are marked "Exhibit e" and are on file in the office of
the City Clerk. He was concerned regarding the traffic on 23rd Avenue. The applicants did
not talk to the residents in the surrounding area across the canal, on 23rd Avenue, or 13th
Street. He is opposed to this high density.
Steve Brandt, was representing his parents who live at 2344 SW 13th Street.
Under the stipulation, the property is zoned R-3 for an ACLF. If there were no agreement,
the property would be zoned R-1-AA. He felt that the only reason the people in the
surrounding area agreed to the settlement with Milnor was because the ACLF agreed to
certain stipulations. Milnor had agreed to put in a wall on the south side, move the pool and
the dumpster to the interior of the site, and that the lights would go off at 11 :00 p.m. If the
zoning was going to change, it should revert back to R-1-AA. His biggest concern was the
location of the pool and the secondary access.
Peter Ryland, 1311 SW 25th Avenue, stated that he was there when the stipulation
agreement was reached in 1989. It was changed to R-3 zoning only because it was to be an
ACLF. ACLFs are much different from residential units. He felt that there is much more
water used and more traffic generated by residential units. Mr. Ryland received notice of the
Golfview Harbor Homeowners' Association meeting the day before the meeting and many
people did not receive notices. On the basis of the vote at that meeting, the president of the
association signed the agreement. There are a large group of homeowners who do not want
this project.
Mr. Weiner respectfully reserved the right to appeal to the City Commission. He said that
the Board must make decisions based on the law. The applicant wants to buy the land
subject to a lawsuit. He reiterated that staff said there were no endangered species on the
site. It is only scrub land. It should be developed. The homeowners' associations both
voted in favor of this project. Mr. Weiner stated that they should not take blocking
someone's view as a reason to deny. The testimony from lay people on traffic Is not
competent testimony and the Board cannot rely on this. The project meets concurrency.
Residential is one of the lowest traffic generating uses and an ACLF would generate more
traffic. They received school concurrency today. The stipulation said we can have this
density, the court controls it, and two homeowners' associations have approved it.
9
Meeting Minutes
Planning II Development Board
Boynton Bead!&. Florida
Januarv 21;1. 2003
Mr. Hillery asked whether this could be zoned something other than this requested zoning or
zoning for an AClF.
Mike Rumpf, Planning & Zoning Director, explained that the settlement agreement limits it to
an AClF. No matter what they asked for, they would need to change the settlement
agreement.
Mr. Casaine said that concerned citizens came to this meeting and the Board also has the
responsibility to uphold their quality of life.
Ms. Butler questioned the conversion of beds to dwelling units. Mr. Rumpf clarified that staff
has never shifted density between projects that are not connected by a master plan. These
two are not connected by a master plan. The settlement agreement does not state that the
property can be developed at a certain density; it states the number of beds that can be
developed. The density requested exceeds the Comprehensive Plan and staff does not
support that density.
Mr. Hay asked staff how they felt about the three conditions of approval that the applicant
had objections to.
Mr. Rumpf stated that that condition #19 is a recommendation; however, he would not want
to recommend something that another agency would have a problem with. He would
suggest that language be added to state "subject to canal district approval."
Concerning condition #25, Mr. Rumpf said that this project and the AClF would be seen
together and it would be nice to visually connect them. He is not saying that they have to
be identical but something compatible.
Regarding condition #33, staff thought this would be a visual buffer. Of the three conditions
discussed, staff stands strongest behind condition#33.
Mr. Weiner stated that if this rezoning is granted tonight, the applicant would be willing to
discuss the three conditions. He also said that the stipulation says no less than 248 beds
and Milnor would never agree with R-1-AA zoning. When questioned, Mr. Weiner stated that
Centex is the contract vendee.
Mr. Cwynar questioned whether there was any expansion plan for Golf Road by Palm Beach
County. Mr. Rumpf was not aware of any.
10
Meeting Minutes
Planning&. Development Board
Boynton Beach. Florida
Januarv 28. 2003
Mr. Cwynar asked whether the pool could be placed on the west side of the property. Mr.
Bentz said that they put the pool to the east because that pushed the two-story buildings
further to the west away from the single-family residential district. They thought it was
more compatibility but they would consider a change.
In response to a question regarding the estimated price, it was stated that they would be
asking from $165,000 to $250,000.
When asked whether this project would work with 50 units, the answer was that it would not
for Centex Homes.
Mr. Fitzpatrick asked where there were other PUDs under 5 acres. Mr. Rumpf replied that
one was Hawk's Landing in the north end and another was Kensington Place on Golf Road.
Mr. Fitzpatrick stated that he met with seven of the homeowners and felt that it was a bad
idea to approve PUDs less than 5 acres. He would prefer to see an ACLF than these units
because of the traffic on Golf Road and the impact on emergency vehicles.
Ms. Butler inquired whether there would be any access to the canal and Mr. Bentz replied
that there would be no docks.
Mr. Rumpf wanted to clarify for the record regarding being subjected to the court's process.
The court authorized this review. They authorized the application being submitted to us.
The language in the order defines this process. He read from the second page of the order,
under item 2. "If, upon completion of review of Plaintiff's application for amendment, the
Plaintiff has obtained a favorable recommendation from the Planning & Development Board,
the parties may jointly petition the Court for modifications to the Agreement."
Assistant City Attorney Payne read the next item, item #3, which states "This Joint Motion
and Agreed Order does not obligate the City of Boynton Beach to enact land use
amendments, zoning changes, or use amendments inconsistent with those set forth in this
Court's October 20, 1990 Order." This is not binding on the City at this point. It is just to
get this amendment process moving.
Mr. Weiner said that with respect to the site plan issues, they are flexible regarding the three
previously discussed conditions. Regarding the lower density, they could not live with 50
units but maybe less than 66.
Chairman Friedland wondered whether the Board should consider tabling this item.
Mr. Weiner felt that would be wise and then they could go back to court and ask if they
would accept a lower density.
11
Meeting Minutes '"',
Planning&. Development Board
Bovnton Beach. Florida
Januarv 28. 20J13
Motion
Mr. Fitzpatrick moved to deny the request to rezone a 4.70-acre tract from R-3 Multi-family
Residential to Planned Unit Development (PUD) to allow the site planning for 66 fee-simple
townhouses. Mr. Hillery seconded the motion. The roll was called and the motion to deny
was carried 5 to 2, with Ms. Butler and Mr. Casaine dissenting.
Motion
Mr. Hillery moved to deny the site plan. Motion was seconded by Vice Chair Hay and carried
unanimously.
Mr. Rumpf clarified that this project cannot go forward to the City Commission because this
Board did not approve it.
A recess was declared at 9:10 p.m. and the meeting resumed at 9:15 p.m.
6. Old Business:
A. Conditional Use/Sit. Plan
1.
PROJECT:
AGENT:
OWNER:
LOCATION:
DESCRIPTION:
Gateway Plaza (COUS 02-005)
H. Burton Smith, P.E.
KWB Charitable Trust
Lot 91 - Quantum Park PID
(Northeast corner of High Ridge Road and
Gateway Boulevard, Quantum Park PID)
Request for conditional use/site plan approval for
a gas station/convenience store with car wash
proposed as the first phase of construction on this
6.54-acre parcel.
This item was requested to be tabled by the applicant.
Motion
Mr. Casaine moved to table the Gateway Plaza item. Motion was seconded by Vice Chair
Hay and carried unanimously.
B. New Site Plan
1.
PROJECT:
AGENT:
OWNER:
Bethesda Hospital Physician Parking
(NWSP 02-011) (Revised)
Jaime Gentile, Kilday & Associates, Inc.
Bethesda Memorial Hospital; Sintilien Georges;
Jesus and Joan Santiago
12
,..J
DEPARTMENT OF DEVELOPMENT
PLANNING AND ZONING DIVISION
. Building . Planning & Zoning . Occupational Licenses . Community Redevelopment
February 3, 2003
Jennifer Liszak
Land Design South
2101 Centerpark West Drive, Ste 100
West Palm Beach, FL 33409
Re:
File Nos:
Location:
Hampton Court Rezoning and New Site Plan Approval
REZN 02-007 and NWSP 02-023
East of Congress; South of SW 23 Avenue
Dear Ms. Liszak:
Please be informed that pursuant to the attached Joint Motion and Agreed Order, the
parties could petition the court for modifications to the Settlement Agreement if a
favorable recommendation was obtained from the Planning & Development Board.
Given the recommendation for denial by the Board, the Agreement cannot be forwarded
to the court for amendment, which is a prerequisite for the subject rezoning and new site
plan. Therefore, the above-referenced applications are construed to be denied and files
documented accordingly.
Should you have any questions regarding this matter, please feel free to contact this
office at (561) 742-6260.
Sincerely,
,--.
/fl,(/,--:-
Michael W. Rumpf
Director of Planning & Zoning
Encl. Joint Motion and Agreed Order
Cc: Bob Bentz, Land Design South
MWR:PAT
S:IPlanningISHAREDlWPIPROJECTSlHampton CourtlREZN 02-oo7\Hampton Court REZN 02-007 & NWSP 02-023 denial letter. doc
City of Boynton Beach. 100 East Boynton Beach Blvd., P.O. Box 310 . Boynton Beach, Florida 33425-0310
Phone: (561) 742-6260 . www.ci.boynton-beach.fl.us
. . ....
~
J
J EXHIBIT "e"
IN tHE CIRCUIT COURT OF THE 15m
JUDICIAL CIRCUIT IN AND FOR
PALM BEACH COUNTY, FLORIDA
CASE NO.: CL 89-6178 AN
MILNOR CORPORATION, a Florida
corporation; NORMAN J. MICHAEL
and ELISHKA E. MICHAEL, his wife,
CIVIL DIVISION
Plaintiff,
vs.
THE CITY OF BOYNTON BEACH,
a Florida Municipal corporation,
Defendant.
I
JOINT MOTION AND AGREED ORDER
The Plaintiffs, RSPB, LLC. a Florida limited company, ("RSPB'') and THE CITY OF
BOYNTON BEACH FLORIDA, a Florida Municipal corporation ("Boynton Beach") by and
through their undersigned attorneys, hereby jointly request consent from this Court to proceed
with zoning approvals and as grounds therefore state:
1. RSPB and Boynton Beach are parties to a certain Stipulation and Settlement
Agreement last dated October 31, 1989;
2. The Agreement was approved by the Court by Order on October 2, 1990.
3. The Court retaiJ.?-ed subject matter jurisdiction of this action.
4. The original Stipulation and Order specified a land designation and zomng
classification described:in paragraph l1.b. of the Settlement Agreement.
5. RSPB desires to request from the City of Boynton Beach a certain modification to
the use limitations and other development conditions on the property described as Alhambra
Square ACLF. To that end, RSPB has made a request to the City Commission of the City of
Boynton Beach for reconsideration of the land use, zoning, and use limitations on the property.
Specifically, RSPB requests the zoning designation ofPUD;
6. The City Commission has expressed a willingness to allow RSPB to submit their
request for amendment through the City's Planning & Development Board which acts as an
"', ...' \. ..
~ . .....\
#
}
,J
CASE NO.:CL 89-6178 AN
advisory Board to the City Commission on such matters, provided that the submission of the
request for amendment is not construed as either a violation of the Court Order referenced herein
nor a waiver on the part of the City to insist upon continuing enforcement of the Court Order.
7. The parties, by this Stipulation, request only that the City be given leave from the
Court Order to accept the request for amendment, conduct administrative review thereof, and
allow the City's Planning & Development Board to review the request in a public setting.
JAMES A. CHEROF, ESQ.
City Attorney for the
CITY OF B.oYNl'ON BEACH
100 E. Boynton Beach Blvd.
Boynton Beach, Florida 33435
(561) 375-6050
Florida Bar N .
~fURPHY, REID, PILOTTE, ORD
and AUSTIN, P.A.Attorney for Plaintiff(s)
340 Royal Palm Way, Suite 100 .
Suite 100
Palm Beach, Frida .
(561) 658 60
Florida ar No.361
DATED:
AGREED ORDER
The Court having considered the Joint Motion of the parties set forth above and being
otherwise duly advised in the premises, it is hereby Ordered and Adjudged that:
1. The City of Boynton Beach is granted leave to accept Plaintiff's application for
amendment to the land use, zoning and use restrictions imposed by this Court's Order of
October 2, 1990.
2. If, upon completion of review of Plaintiffs application for amenc:Iment, the
Plaintiffhas obtained a favorable recommendation from the Planning & Development Board, the
parties may jointly petition the Court for modifications to the Agreement.
3. This Joint Motion and Agreed Order does not obligate the City of Boynton Beach
to enact land use amendments, zoning changes, or use amendments inconsistent with those set
forth in this Court's October 20, 1990 Order. The sole pwpose and intent of this Joint Motion
and Agreed Order is to allow the City of Boynton Beach to more fully consider the amendments
2
.
".., ,i.. ,t ...
:: ",
n~
.
..'
"
CASE NO.:CL 89-6178 AN
being requested by the Plaintiffs.
DONE and ORDERED at West Palm Beach, Palm Beach County, Florida this
day of ,2002. SIGNED AND DATED
OCT 0..72002
Stephen A. Rapp
Circuit Judge
Circuit Court Judge
Copies to:
James Cherof. Esq., 'Goren, etc., 3099 E. Commercial Blvd., Ste. 200, Ft. . Lauderdale, FL 33308 .
Keith C. Austin;Jr., E&q;, Murphy, Reid,Pilcue, Ord & A1::SW.., P .A'j 340' Royal Palm Way, Suite 100, Palin Beach,
FL 33408 . '. '
3
< .
:.:
..U~I,IV~iVVL 2:13~M
KElT, ,.IS11N
NO. 467
f'. 2
MILNOR CORPORATION, a Florida
corporation; NORMAN 1. MICHAEL
and ELISHKA E. MICHAEL. Ius wife,
Plaintiff,
.;J;'
TN THE: CIRCUIT COURT OF THE 15n~
JUDIClAL CIRCUIT IN AND FOR
PAlM BEACH COUNTY, nORmA
CASE NO,; CL89-6178AN
CIVIL DIVISION
/
rn ~ ~ ~ ~ W ~ rnl
JAN - 1 200.3
I
PLANNING AND J
ZOt~!NG RIEl
VB.
THE CITY OF BOYNTON'BEACH,
. a Florida Municipal COlpotatio.o.,
Defendant.
JOINT MOnON' AND AGREg...QRDER
The Plaintiffs, RSPB. LLC. a Florida limited ~ompaoy, \'RSPB") ap,d THE CITY OF
BOYNTON BEACH FLORlDA, a Florida Municipal COtpc1ration (''Boynton Beach") by and
through their undersigned attorneys, hereby jointly request consent from this Court to proceed
with zoning approvals and as grounds therefore state;
I. RSPB and Boynton Beacb are parties to a (.ertain Stipulation an.d Settlement
Agreement last dated Octohet 31, 1989;
2, TIle AiTeem.ent \Vas approved by the Court by Order on. October 2, 1990.
3. The Court retained subject matter j\u1Sdiction OJ: this action.
4. The originaJ. Stipulation and Order specified a land designation and ~oning
classification described in paragraph l1.b, of the S~etrlent Agreement.
5. RSPB desires to request from the City ofBoyntun Beach a certain modification to
the use limitations and other deveiopment conditions on the property deecribed as Alhambra
Square ACLF. To Ulat end, RSPB has made a request to the City Commission of the City of
Boynton Beach for reconsideration of the land use, zoning, ani Use limitations 011 the propeI't)'.
Specifically, RSPB requests tl~e zOning designation ofPTJDj
6. The City Commission has expressed a willingneslI to allow RSPB to submit their
~uest for amendment through the City's Planning & Development BOa{d which acts as an
.'
.:OCT. 1 0 ~01j2 2: 13PM
KE Ili.JST! N
NO, 467
f', 3
adviSOlY Board to the City Commission op, such matters, provided that the submission of the
request for aJ11endment is not construed as either a violation of the Court Order referenced herein
nor a waiyCT on the part of the City to insist upon cOlltinu.in!: enforcement of the Court Order.
7. The parties, by this Stipulation., request only that the City be given leave from the
Court Ord.er tQ accept the request for amendment,. conduct admini.$lrative review thereof, and
allow th~ CitY'$ Planning & Development Board to review he request in a public setting,
CASE NO.:CL 89-6178 AN
,.
'JAMES A. CHEROF, ESQ.
City AttoOley for the
CITYOFBOYNTQNBEACU'
100 E. Boynton l:Jeaeh Blvd.
Boynton Beach, Florida 33435
(561) 375~6050
Florida B N.
M1JR.PHY, REID, PILOTTE, ORO
and AU:>1'IN, P.A..Attorney forPlaixl.tiff(s)
340 R'O) al Palm Way. Suite 100 - ,
St!jte 10)
Palm Beach, 'I Iida
(561) 658 ISO
FIO~ ar No.361
BY~
DATED:
AGREE)) ORDER
The Court having considered the Joint Motion of the r:arti~ set .forth above and being
otherwise (My adVised in the premise6, it is hereby Ordered a,d Adjudsed that:
1. The City of Boynton Be,ach is granted leave to accept Plaintiff's application for
amendttu:wt to the 18J:1d use, zoning and USe restrictions impo$lld by thia COurt'6 Order of
Ootober 2, 1990.
2. If, upon completion of review of Plaintiff's a.Jmlication for amenf1mp.l'lt. fl...
Plaintiff has obtaioed I favorable recommendation from the Plannjng & Oevelopment Board, the
parties m.ay jointly petition the Court for modifications to the Agreement.
3. This Joint Motion IInd Asreed Order does not obligate the City of Boynton Beach
to enact land l1Ie l101endments, z01)ing changca, or use amendments inconsistent with those set
forth in this Court's OctobedO, 1990 Order. The sole PUlpOS!1 and intent of this Joint Motion
tad Asreed Order is to allow the City of Boynton Beach to more fully consi4er the amendmenu
2
,,,\'.
OCT. 10.1(1)2 H 3f'M
KEITI JqIN
NO, 463
p, 1.: 1
4"'~ .~'''~' ~
CASE NO.:CL 89-6178 AN
being requested by the Plaintiffs,
DONE and ORDERED at West Palm Beach, Palm Beich County, Florida UUS-lGNiD AN 0 DATE
-~ .~~ . .
OCT Q. 7 2002
stephen A. Rapp
Circl,l\t Ce'u,rt Judge Circuit Judge
Copiea to:
James Cherof. Bsq"OOren, e~.._3099 E. C<u:Gmerc:ialBlvd., Ste. 200, Ft La\!derdl\I~, FL :i33Qa .
l'eith C. ,^u,tin,J.., E!iq,. Murphy, Reid,PUQ!:o, Old &: A\utUl, P .A., 340- R oy&! ~;:llm Vial'. SlIlte I 00, PaJ;~ ~e.eb,
FL33408' . .
~:' '~'.
~~.j(,\ ',.
3
~ "
f '
IN THE CIRCUIT COURT OF THE
15TH JUDICIAL CIRCUIT IN AND
FOR PALM BEACH COUNTY, FLORIDA
CIVIL DIVISION
i'
CASE NO: CL 89-6178-AN
MILNOR CORPORATION, a Florida
corporation; NORMAN J. MICHAEL
and ELISHKA E. MICHAEL, his wife,
Plaintiff,
.
vs.
THE CITY OF BOYllTON BEACH, a Florida
Municipal corporation,
Defendant.
:>
/
~
~rIPULATION AND SETTLEMENT AGREEMEN~
MILNOR CORPORATION, a" Florida corporation ("MILNOR"), NORMAN
(
-
J. MICHAEL and ELISH1<A E. MICHAEL, hi~ wife ("MICHAEL"); and the
CITY OF BOYNTON BEACH, a Florida M~nicipal Corporation ("BOYNTO~
BEACH"), by and through their undersigned attorneys hereby
stipulate and agree as follows:
1. MILNOR owns that certain parcel of real property located
within the municipal limits of BOYNTON BEACH and being a site of
approximately 4.01 acres situated at the northeast intersection
of Congress Avenue and Golf Road (Southwest 23rd Avenue), which
real property is more particularly described in the Exhibit "A"
attached hereto and made a part hereof, and which real property
shall hereinafter be referred to as "Alhambra Square North~t1
,
2. MICHAEL owns that certain parcel of real property
located within the municipal limits of BOYNTON BEACH and ~eing a"
site of approximately 9.45 acres situated at the southeast
intersection of Congress Avenue and Golf Road (Southwest 23rd
AVenue). This real property shall be referred to as two parcels,
the first parcel being an approximate 4.45 acre parcel situated
closest to the intersection of Congress Avenue and Golf Road
(Southwest 2Jrd Avenue), and more particularly described in the
1
-
Exhibit "B" attached hereto and made a part hereot, and which
real property shall hereinafter be referred to as "Alhambra
square South." The second parcel, being illUl1ediately adjacent to
and east of Alhambra Square North and consisting of approximately
5.0 acres, and more particularly described in the Exhibit "c"
attached hereto and made a part hereof, and which real property
shall hereinafter be referred to as the "Alhambra Square ACLF."
3. The Alhambra Square North, Alhambra Square South, and
the Alhambra Square ACLF parcels of real property Shall
hereinafter be sometimes collectively referred to as the
"Alhambra Parcels."
4.
The Alhambra Parcels are presently subject to the
following Comprehensive Plan and Zoning designations by BOYNTON
~
BEACH:
;
Future Land
Parcels Use Element . Zoning
Alhambra Square North Moderate density R-lAA(PUD)
residential
Alhambra ~quare South Low density R-1AA (single
residential family residential)
Alhambra Square ACLF Low density R-lAA (single
residential family residential)
5. On or about September 30, 1988, MILNOR for the Alhambra
North and MICHAEL for the Alhambra South and Alhambra ACLF
parcels submitted applications (the "Applications") to BOYNTON
BEACH for ame~dments to the future land use element ot the
Comprehensive Plan, and for rezoning of the Alhambra Parcels, as
follows:
Future Land Intended
Parcels Element Reauest Rezonina Reauest .tW1
Alhambra Square Office Commercial C-I (Office OfUce/
North Professional) Medical
Alhambra Square Office Commercial C-l (Office Office/
South Professional) . Medical/
Banking:
Alhambra Square MUlti-family R-3 (Multi- Adult
ACLF , residential family) Congregate
Living
Facility
2
,
~
.~-
,.
,
6. The Applications were considered by the Planning and
zoning Board of BOYNTON BEACH at a duly const'ituted and duly
noticed public hearing on December 15, 1988, at which time the
p1anninq and Zoninq Board recommended denial of the Applications
to the City Commission.
7. On January 4, 1989, at a duly constituted and a duly
noticed Special Maeting of the City Commission of BOYNTON BEACH,
the City Commission of BOYNTON BEACH heard and considered the
. ,
Applications and by motion decl~ned to submit the Applications
.
for review by the state of Florida Department of Community
Affairs and the Treasure Coast Regional Planning Agency.
8. On or about June 20, 1989, MILNOR and MICt~L filed the
::.
Plan desiqnations and zoning classifications of the Alhambra
instant action seeking to invalidate the current Comprehensive
~
Parcels,
seeking to require BOYNTON BEACH to grant the
Applications and seeking damages.
9. On September 14, 1989, Robert A. Eisen, Esquire,
.
r
,-
attorney for MILNOR and MICHAEL,' delivered to Raymond Rea,'
Esquire" City Attorney for BOYNTON BEACH, a letter Offering a
settlement of the instant action wherein BOYNTON BEACH would
grant
the
Comprehensive
Plan
designations
and
zoning
classifications requested in the Applications and MICHAEL and
MILNOR would release BOYNTON BEACH from any and all claims for
damage. At its regular meeting of September 19, 1989, the City
Commission considered the request for settlement, and by a vote,
three votes in favor, two. opposed, directed the City Attorney,
Raymond Rea, to negotiate the terms o~ a StipUlation and
Settlement Agreement with the representatives of MILNOR and
"
MICHAEL and present that Stipulation and Settlement Agreement for
approval by the City Commission at its meeting of October 3,
1989.
The City Attorney was further directed to give public
notice of the consideration of the Stipulation and Settlement
Agreement and that the consideration of the Stipulation and
Settlement Agreement should be a public hearing so that input
from the public could be taken and considered by the City
J
-
,
commission. On October 3, 1989, the City Commission heard and
considered public input and postponed consideration of t~is
stipulation and Settlement Agreement until its regular meeting of
October 17, 1989.
since that time, MILNOR and MICHAEL have
modified their requested land use changes to those set forth in
paragraph 11, below.
10. On October 17, 1989, at its regular City Commission
meeting, the City Commission of BOYNTON BEACH considered the
terms and conditions of this stipulation and Setttement
Agreement, the further input from MILNOR and MICHAEL, the further
public input, and by a motion duly made, the City Commission, by
a vote of four in favor, none opposed (Council-person Arline
Weiner absent), approved the terms and conditions of this
Stipulation and .settlement Agreement and authorized and directed
the City Attorney to execute this Stipulation and Settlement
::.
Agreement.
11. The Future Land Use Element 'and Zoning of the Alhambra
Parcels shall be:
.
r
Parcel
Future Land
Use Element
Zoning
C-l (Office
PrOfessional)
R-3 (MUlti-Family)
ACLF with no less
than 248 units
Alhambra Square North
Office Commercial
Alhambra Square South
and Alhambra Square ACLF
MUlti-Family
Residential
In connection with the development of the ~lhambra Parcels, and
as an inducement to BOYNTON BEACH to enter into this Stipulation
and Settlement Agreement, M~LNOR and MICHAEL agree to the
following developmental limitations" which developmental
limitations shall apply regardless of ownership of the Alhambra
Parcels:
a. Alhambra Sauare North:
(1) Building Height not to exceed two stories;
(2) All dumpsters to be located away from adjacent
resid9ntial areas;
, (J) Construction of the six-foot zoning boundary
wall shall be coordinated with the governing association of the
4
adjacent residential property and the existing buffer hedge shall
be removed and replaced with sod and landscaping to the
specifications of the governing association and at no cost to the
governing association;
(4) Parking lot lighting shall be shaded so as not
to shine directly into residential areas, and parking lot
lighting shall not be illuminated after 11:00 P.M.;
b. All1ambra Sauare South and Alhambra Sauare ACLF:
,
(1) Building Height not to exceed two stories;
(2) Roof pitch not to be steeper than 4/12;
(3) All dumpsters to be located away from adjacent
residential areas, and at least one hundred feet from the south
property line of the Alhambra Square South and Alhambra Squ~re
ACLF Parcels;
:;.
)
r:
r
I
I
I
I
I
I
l
(4) Parking lot lighting shall be shaded and
shielded so as not to shine' directly into adjacent residential
areas; parking lot lighting shall not be illuminated after 11:00
P.M.; parking lot lighting poles shall be at the minimum height
permitted or allowable by BOYNTON BEACH;
(5) Use of the property shall be limited to an
Adult congregate Living Facility:
(6) A combination of landscaping and wall (the
"Wall") shall be constructed on the south property of the
Alhambra Square South and Alhambra Square ACLF parcels. The plan
and design of the Wall shall be coordinated with and approved by
the governing associations of. the adjacent residential property.
Approval of the Wall shall not be unrea~onably withheld by the
governing associations. The Wall shall be constructed at no cos~
or expense to the governing associations;
(7) At such time as building plans are presented to
BOYNTON BE1\Cn for permit, copies of the Wall plan and site plan
shall be submitted to the governing associations;
,
(8) No parking spaces or improvements except
landscaping shall be constructed or installed in the Lake Worth
5
.......
-
Drainage District right-of-way south of the Alhambra Square South
and Alhambra Square ACLF Parcels; and
(9) Deceleration entry lanes shall be provided at
each entrance if deemed necessary by BOYNTON BEACH.
The foregoing developmental limitations shall be set forth in a
Declaration of Covenants and Restrictions (the "Declaration"),
,
which shall provide that they cannot be modified without the
consent of BOYNTON BEACH, and the Declaration shall be recprded
among the pUblic records of Palm Beach County, Florida" shall run
with the land, and shall be binding upon the successors and
assigns of MILNoR and MICHAEL. The Declaration shall be prepared
and distributed to the governing associations by November 1,
~
1989.
A recordable Declaration signed by MILNOR and MICHAEL
(
~
shall be deliver.ed to the City Attorney prior to the first public
hearing on the rezoning and Comprehensive Plan amendments
described in paragraphs 12 and 13, below. The Declaration shall
be recorded by the City Attorney where all actions necessary to
effectuate this Stipulation and Settlement Agreement have been
duly enacted by BOYNTON BEACH.
The Declaration is for the
benefit of the following governing associations of the adjacent
residential areas:
(a) Boynton Leisureville Community Association, Inc. as
to the Alhambra North Parcel: and
(b) Golfview Harbour and Golfview Harbour Estates as to
the Alhambra South and Alhambra ACLF Parcels.
12. BOYNTON
BEACH agrees
to
supplement or amend
,
1989, to permit use
its
Comprehensive Plan
by December
31,
and
development of the Alhambra Square Parc;:els as set forth in
paragraph 11, above, subject only to the limitations set forth in
this Settlement and Stipulation Agreement and other usual and
customary site related conditions of development.
13. BOYNTON BEACH agrees, within thirty days of the date of
this Stipulation, to rezone the Alhambra Square Parcels to permit
the development set forth in paragraph 11, above, subject only to
completion of all procedural requirements under Florida statutes,
6
..'
Sec. 163;3184, the limitations set forth in this Stipulation and
Settlement Agreement, and other usual and customary site related
conditions of development of general application in BOYNTON
BEACH.
14. To th~ extent that ordinances or resolutions are
required to implement any of the terms of this Stipulation and
Settlement Agreement, BOYNTON BEACH agrees to prepare and adopt
any a~d all such ordinances and resolutions necessary to
implement the terms of this stipulation and Settlement Agre~ent.
.
15. Simultaneous with the execution of this Settlement
Stipulation, MILNOR and MICHAEL shall deliver to BOYNTON BEACH a
full and complete release on behalf of itself, its officers,
directors, shareholders, employees,
agents,
and representatives
~
~
as to any and all actions, suits, damages, claims, which it_or
they may have against BOYNTON BEACH or any of its officials,
employees, consultants, agents, elected officials, or appointed
officials in connection with or related to any action or inaction
regarding the Applications and the Alhambra Parcels. The general
releases shall he held in escrow by City Attorney, Raymond Rea,
until all actions necessary to effectuate this Stipulation and
Settlement Agreement have been duly enacted and then shall be
delivered to BOYNTON BEACH.
16. MILNOR and MICHAEL shall further agree to defend BOYNTON
BEACH at MILNOR and MICHAEL's expense, any suit or administrative
action pursuant to Chapter 163, Florida statutes, initiated by
third parties arising out of any actions taken by BOYNTON BEACH
under th. terms of this Agreement.
17. MILNOR and MICHAEL agree that BOYNTON BEACH's
.........
obligations under this stipulation and Settlement Agreement shall
at all times be subject to Department of Community Affairs'
approval. MILNOR and MICHAEL further acknowledge that BOYNTON
BEACH shall not be responsible for any other Governmental
Agency's action related to the development of the Alhambra Square
Parcels.
7
~
.:t'".
...
"
1 "
, .
c
,.
'.
'-
-
I
18. The paJ;"ties shall forthwith inform the Court that. .a
settlement has been reached and all proceedings in the suit shall
be abated until the terms of this stipulation and Settlement
Agreement are full.y and completely etfectuated. At such time,
the parties shall jointly seek an Order from the Court confirming
and ratifying this stipulation and Settlement. Agreement. The
Court shall at all times have and retain jurisdiction over this
cause and the parties to ensure that the terms and conditions
herein are adhered to by the parties.
..
RAYMOND ~A, ESQ.
City Att.orney tor the
CITY OF BOYNTON BEACH,
a Florida municipal corp.
100 E. Boynton Beach Blvd.
Boynton Beach, FL 33481
(407) 738-7405
Florida Bar No. 348880
BY: ~~?-
LAW OFFICES OF ROBERT A. EISEN
Attorneys tor Plaintiff(s)
4700 Northwest Boca Raton Blvd.
suite 103
Boca Raton, Florida 33431
(407) 994-2090
Florida Bar No. 180136
~
BY:
~~
ROBERT A. EISEN, ESQUIRE
DATED: ~ 3l) ,q~
e;)c~~~.~J 1)\~r~1
DATED:
pldg 06/pldg l/RN
,
8
.J
,
'I
Policy 1.16.3' The ~ity' shall contin~ to enfo~ the land' development re~o~ ~ enforce
and u:nPI~ent the policies which regulate ~e use and intensity, and other
charaCteristics for the development. of specific areas, as set forth in the Land
Use Problema and Opportunities section of the support docunients for thiS
element. Those recommendations contained in. the Land Use Problems and'
Opportunities section Shall apply, regardless of the status of the City's
development regalations, and are hereby incorporated by reference into the
Goals, Objectives, and Policies ofthisPl8n. '
,i
8.c. property on 'Southeast Corner of Go1f Road and C~ngress Ave. .
~ 'l'his parcel occupies approximately 8.5 acreS and was formerly shpwn, in '
.' the Low Density Residential. lailc;l use category ~d R-lAA' zoni~g distri-ct..
Tl\is property is shown in the High Density 'Residential land u~e ,category..
.: on.the Future .Land Use Jiap, in accordance' .with the Settlement and .
Stipulation Agreement between Milnor Corporation and th$ City tsee
. "'Appendix NDN 'to the Futur~ Land use" Element Support Doeuments). 'J'his
agreement specifies' that the property is to be developed as an adult
congregate living facility' (ACLF), and includes .pecific conditions for
tile use "and development of.. the' property. ,The land use,. :r:oning, and the
uSe and develop~t of this property s.hall be in accordance w;th the
'above:'mentioned Settlement and Stip:ulat~on A9reemen.t.
'.
~I .~->-_:.--- --.~"i--
,ts.'l~.J- "'10 --*7rI.... ~F-:m! ~ ~
MEMORANDUM
To: Mr. Michael Rumpf
Planning & Zoning Director
City of Boynton Beach
From:
Peter G. Merritt
Regional Ecologist
(fh
Date:
March 19, 2004
Subject: Notice of Permit Application No. 040305-5
Chick-fil-A
Notice of Permit Application No. 040310-4
Venetian Villas
Attached is a notice of application for an environmental permit to conduct dredge and fill
or similar activities within or adjacent to your community. We are disseminating this
information for your review and comment.
The information provided with this notice is very brief: but you may contact the
permitting agency directly for further information if needed in order for you to assess the
impacts of the proposed activities on your community.
If the proposed activities are not consistent with your comprehensive plan or other locally
adopted plans or regulations, or if you have any other comments, please submit them to
the permitting agency by the deadline date indicated in the attached materials. We would
also appreciate receiving a copy of any comments you may have for our files. Ii"""\. fi'. <'2 -f?n"-;:'~--::.-'
D1 Lc U~ It II '1! II
Attachment W r;~~ i
DEPARTMENT OF DEVHOPMrN r
------'--_._-_.-.--,~
"Bringing Communities Together" · Est. 1976
311 Ea.st Ocean Bonlevard - Suite 31. - Stuart, Florida 34'94
Phone (772) 2Zl-48'1 - SC 269-4861 - Fax (772) 221-4067 - E-m ail - adminCiil.tcrpc.or,.
~t IJ'''-'1l_...i C-;.' f'J"~
"
,,#
SOUTH FLORIDA WATER MANAGEMENT DISTRICT
3301 Gun Club Road, West Palm Beach, Florida 33406 . (561) 686-8800 . FL WATS 1-800-432-2045 . TDD (561) 697-2574
Mailing Address: P,O. Box 24680, West Palm Beach, FL 33416-4680 . www,sfwmd,gov
~.~t!- ~%.f~f"~,
_I it. ~':'<M.'1t ~~:'"I;t"1:.i !;1 t~# -,t~ :ON'.... H::~)'
NOTICE
MAR 1 G ?nn~
, ;.\~, '", 'J _" ;
':";[Cl()[',;.w.l ,:)1
; ,'~.1i,"ii'i
March 10, 2004
Subject:
Environmental Resource Permit Application
Application No. 040310-4
Applicant Venetian Villas LLC
Palm Beach County, S 32fT 45 SIR 43 E
The South Florida Water Management District is currently processing the attached application. If
you have any comments or objections concerning this project, please submit them in writing to
this office within 30 days of receipt of this notice.
This is also an opportunity for applicable State agencies to concur with or object to the proposed
project under the federal consistency provision of the Coastal Zone Management Act. Review
must be in accordance with the procedures adopted by the Interagency Management Committee
on October 25, 1989. Findings of inconsistency must describe how the project conflicts with your
agency's statutory authorities in the Florida Coastal Management Program and provide
alternative measures, if any, which would make the project consistent. Commenting agencies
must provide a copy of all consistency comments letters to the Florida Coastal Management
Program Director, Department of Community Affairs, 2555 Shumard Oak Boulevard, Tallahassee,
Florida 32399-2100.
Please refer to the applicants name and application number as referenced above in any
correspondence to help facilitate processing. Questions concerning this project should be
addressed to Rob Robbins at (561) 682-6951 or Tony Waterhouse at (561) 682-6867.
BAC:mw
Attachments
c:
US Army Corps of Engineers
Fish and Wildlife Conservation Commission, Bureau of Protected Species Management
Department of State, Division of Historical Resources
Regional Planning Council
Department of Community Affairs
Palm Beach County DERM
GOVERNING BOARD
EXECUTIVE OFFICE
Nicolas J, Gutierrez, Jr" Esq., Chair
Pamela Brooks-Thomas, Vice-Chair
Irela M. Bague
Michael Collins
Hugh M. English
Lennart E, Lindahl, P.E.
Kevin McCarty
Harkley R. Thornton
Trudi K. Williams, P,E,
Hemy Dean, Executive Director
,
OWNER(S) OF LAND
NAME
LLL
ENTITY TO RECEIVE PERMIT (IF OTHER THAN OWNER)
NAME 6!~~J..'fi~'o'.Y
----- -
ADDRESS
(,
n
CITY, STATE, ZIP
t \.
COMPANY AND. TIT~E , . '.
V~ t't1Jl)il)~~1 ,
-------0
TELEPHONE
FAX
()J5}t:)1)-1S~ I
AGENT AUTHORIZED TO SECURE PERMIT (IF AN AGENT CONSULTANT (IF DIFFERENT FROM AGENT)
IS USED)
NAME Gary G. Bloom, P,E
NAME
040310-4
COMPANY AND TITLE
ADDRESS
3109 Stirlin Road, Suite 201
ADDRESS
CITY, STATE, ZIP
Ft. Lauderdale, Florida 33312
TELEPHONE (954)- 986-9899 TELEPHONE (
FAX (954)-986-6655 FAX ( )
Name of project, including phase if applicable Venetian~ VI'I C(5'
Is this application for part of a multi-phase project? yes X no
Total applicant-owned area contiguous to the project _0_ ac
Total project area for which a permit is sought _4.699 ac
Impervious area for which a permit is sought 3. D6 ac
What is the total area (metric equivalent for federally funded projects) of work in, on, or over wetlands
or other surface waters?
_O_acres square feet hectares square meters
Number of new boat slips proposed. _0
CITY, STATE, ZIP
i ;'j ~
,j ~~' i :L
Project location (use additional sheets, if needed)
County(ies) Palm Beach
Section(s) 32 Township
Land Grant name, if applicable:
Tax Parcel Identification Number ",III
Street address, road, or other location: 60(..'-:
City, Zip Code if applicable: Boynton Beach
45S
Range 43E
rz..:,~ - C4.f'J l!!).t= GIW '1 t1(" ~.s
Page 2 of 4
;
Describe in qeneral terms the proposed proiect, system, or activity.
The existing 4,699 Acre undeveloped site will be cleared and developed to accommodate 10
Townhome development. Surface water management will be handled by a combination of site
exfiltration to handle the first % inch of runoff over rear dock pavement areas and a perimeter swale
and retention area to handle the first inch of runoff over the site with overflow discharge to the master
lake water management system.
~
If there have been any pre-application meetings, including at the project site, with regulatory staff, please
list the date(s), location(s), and names of key staff and project representatives,
N/A
Please identify by number any MSSW /W etland resource/ERP/ACOE Permits pending, issued or denied for
projects at the location, and any related enforcement actions. N/A
Agency Date No.\Type of Application Action Taken
Note:The followino information is required onlv for proiects proposed to occur in.on or over wetlands that
need a federal dredqe and fill permit and/or authorization to use state owned submerqed lands and is not
necessary when applyino solely for an Environmental Resource Permit. Please provide the names,
addresses and zip codes of property owners whose property directly adjoins the project (excluding
applicant). Please attach a plan view showing the owner's names and adjoining property lines. Attach
additional sheets if necessary, N/A
1,
2,
3,
4,
By signing this application form, I am applying, or I am applying on behalf of the applicant, for the permit and
any proprietary authorizations identified above, according to the supporting data and other incidental
information filed with this application, I am familiar with the information contained in this application and
Page J of 4
represent that such information is true, complete and accurate. I understand this is an application and not a
permit, and that work prior to approval is a violation. I understand that this application and any permit issued
or proprietary authorization issued pursuant thereto, does not relieve me of any obligation for obtaining any
other required federal, state, water management district or local permit prior to commencement of
construction. I agree, or I agree on behalf of my corporation, to operate and maintain the permitted system
unless the permitting agency authorizes transfer of the permit to a responsible operation entity. I understand
that knowingly making any false statement or representation in this application is a violation of Section
373.430, F.S. and 18 U.S.C, Section 1001,
--=
AN AGENT MAY SIGN ABOVE ONLY IF THE APPLICANT COMPLETES THE FOllOWING:
Please note' The aDDlicant's oriainal sianature (not a CODV) is reauired above
PERSON AUTHORIZING ACCESS TO THE PROPERTY MUST COMPLETE THE FOllOWING:
I either own the property described in this application or I have legal authority to allow access to the property,
and I consent, after receiving prior notification, to any site visit on the property by agents or personnel from the
Department of Environmental Protection, the Water Management District and the U.S, Army Corps of
Engineers necessary for the review and inspection of the proposed project specified in this application. I
authorize these agents or personnel to enter the property as many times as may be necessary to make such
review and inspection. Further, I agree to provide entry to the project site for such agents or personnel to
monitor permitted work if a permit is granted
Typed/Printed Name
Signature
Date
Proiect manaqer
(Corporate Title if applicable)
SECTION B
INFORMATION FOR NOTICED
Pagetof 4
FOR AGENCY USE ONLY
DEPIWMD Application #
Date Application Received
Fee Received $
Fee Receipt #
ACOE Application #
Date Application Received
Proposed Project La!. _0_'_"
Proposed Project Long, _0_'_"
SECTION A
Are any of the activities described in this application proposed to occur in, on, or over wetlands or other
surface waters? 0 yes IRI no ___ _
Is this application being filed by or on behalf ora government entity or drainage district?
Dyes IRI no
A. Type of Environmental Resource Permit Requested (check at least one)
o Noticed General - include information requested in Section B,
o Standard General (Single Family Dwelling)-include information requested in Sections C and D.
IRI Standard General (all other projects) - include information requested in Sections C and E.
o Individual (Single Family Dwelling) - include information requested in Sections C and D,
o Individual (all other projects) - include information requested in Sections C and E.
o Conceptual - include information requested in Sections C and E.
o Mitigation Bank Permit (construction) - include information requested in Section C and F.
( If the proposed mitigation bank involves the construction of a surface water management system
requiring another permit defined above, check the appropriate box and submit the information
requested by the applicable section. )
o Mitigation Bank (conceptual) - include information requested in Section C and F,
B. Type of activity for which you are applying (check at least one)
l8lConstruction or operation of a new system including dredging or filling in, on or over wetlands and
other surface waters,
o Alteration or operation of an existing system which was not previously permitted by a WMD or
DEP.
OModification of a system previously permitted by a WMD or DEP. Provide previous permit numbers.
Alteration of a system 0 Extension of permit duration 0 Abandonment of a system
OConstruction of additional phases of a system 0 Removal of a system
C, Are you requesting authorization to use State Owned Lands. 0 yes r8lno
(If yes include the information requested in Section G.)
D. For activities in, on or over wetlands or other surface waters, check type of federal dredge
and fill permit requested:
o Individual 0 Programmatic General
o General D Nationwide l8lNot Applicable
E. Are you claiming to qualify for an exemption? Dyes x no
If yes provide rule number if known.
Page 1 of 4
SUBMIT ALL INFORMATION ON PAPER NO LARGER THAN 2' x 3'.
Project Name: Venetian Isla li I 'leU
County: Palm Beach
Own~r: v'~';t ~/~ i-LL
Applicant: ___ _ f3 Jt!.L. d f
Applicant's Address:_ (.. ./~""'.t::~ l,h JI YJ,
h'~ t.v~, // J ]07,jI"
1. Indicate the project boundaries on a USGS quadrangle map. Attach a location map showing the boundary
of the proposed activity. The map should also contain a north arrow and a graphic scale; show Section(s),
Township(s), and Range(s); and must be of sufficient detail to allow a person unfamiliar with the site to
--- . find it.
--- .
2. Provide the names of all wetlands, or other surface waters that would be dredged, filled, impounded,
diverted, drained, or would receive discharge (either directly or indirectly), or would otherwise be impacted
by the proposed activity, and specify if they are in an Outstanding Florida Water or Aquatic Preserve:
3. Attach a depiction (plan and section views), wh ich clearly shows the works or other facilities proposed to
be constructed. Use multiple sheets, if necessary. Use a scale sufficient to show the location and type of
works.
4. Briefly describe the proposed project (such as "construct a deck with boat shelter", "replace two existing
culverts", "construct surface water management system to serve 150 acre residential development"):
5. Specify the acreage of wetlands or other surface waters, if any, that are proposed to be disturbed, filled,
excavated, or otherwise impacted by the proposed activity:
6. Provide a brief statement describing any proposed mitigation for impacts to wetlands and other surface
waters (attach additional sheets if necessary):
FOR AGENCY USE ONLY
Application Name:
Application Number:
Office where the application can be inspected:
Page 4 of 4
GENERAL ENVIRONMENTAL RESOURCE PERMITS
INSTRUCTIONS: To qualify for a Noticed General Permit (NGP) for specific activities, the
project must strictly comply with all of the terms, conditions, requirements, limitations and restrictions
applicable to the desired NGP. A summary of the types of NGP's available is contained in
Attachment 1. Carefully review the rule section of the NGP for which you are applying to ensure that
your project meets the requirements of that NGP. PLEASE PROVIDE THE INFORMATION
REQUIRED BELOW ON PAPER NO LARGER THAN 2' x 3'.
----'
1. Indicate the project boundaries on a USGS quad map, reduced or enlarged as
necessary to legibly show the entire project. If not apparent from the quad map, provide a
location map (in sufficient detail to allow a person unfamiliar with the site to find it),
containing a north arrow and a graphic scale and showing the boundary of the proposed
activity and Section(s), Township(s), and Range(s).
2. A legible site plan showing the following features:
a) property boundaries and dimensions
b) name and location of any adjoining public streets or roads
c) location and dimensions of all existing structures
d) label all impervious and pervious area and indicate their size (area)
e) please provide arrows indicating the direction of drainage from the proposed
improvements
f) locations of all proposed works
g) permanent and temporary erosion, sedimentation and turbidity controls
h) boundaries of wetlands and other surface waters, identifying open water
areas
i) boundary area and volume of all temporary and permanent earthwork,
including pre and post construction grades
3. Description of wetland or aquatic habitat.
4. Construction methods and schedule.
5. Additional information that would show that you qualify for the general permit,
addressing all the parameters, thresholds and conditions required in the general
permit. Errors and omissions will be identified within 30 days by the processing
agency,
6. Provide the rule section number of the NGP for which you are applying.
SECTION C
Environmental Resource Permit Notice of Receipt of Application
This information is required in addition to that required in other sections of the application. Please submit five
copies of this notice of receipt of application and all attachments with the other required information. PLEASE
Page 3 of 4
IVIL ENCINEERINli fLAN~
WOOLBRIGHT ROAD
-----=
--.....,
GOLF ROAD (S.W, 23rd AVE.)
SITE
UJ
~
Z
UJ
> 0
<( 0::
'I (/) ~
I (/)
UJ LU
0:: -l
<.9 ~
Z 0
0 en
0 l-
(/)
UJ
0::
0
<(
LU
(/)
N,W.CORNER SW 1/4 SECTION 32
TOWNSHIP 45 SOUTH RGE.43 EAST
LOCATION MAP
SEC. 32, TOW. 45S, RGE, 43E
N.T.S.
..
'-.-:
V)
:z
en c ::5
::5 Q
- a...
a::
....I C) c.::J
--'
- L&.. :z:
::>
-
:z: =
::z: Co.) L.I.I
C
..... L.I.I
c:c co :z
- -
t- :z:: c.::J
L&.I C) :z:
I-
::z: :z:: L.I.I
>-
L&.I C) ......
::> co -
::-
-
c.,:)
5
0..
~uJ
o..~
We)
~o; (J)
(J):d'C ~(J)
za:~?;u:CJ
QC :J~~
t;aC~a..a.tu
",lllCl~ffiffic
....~(J)~Z_$;q:~
~ tHorn ilJj~>=
;[;zO.... U
(J)-dS~a5"'~~
a:~~~:::!a:I::;(J)
~~ ~~~?;~
ueJ o..o..~CIIu
5 ~
~ ~...,...",.,.... ~
0>-"',
;.:; \
-7~.T-." .
\~- .~_.::.'::/
mil-
':tt.J:t4ttt
~
cl
g ~..~
!~l
--c::,
~2~~
~~~~
m~
II:l i
';;~~:1~
w !~~~~
OIlVt\3ln08 LS311~V3S
~
0:
..
%:
"
ii1
~
o
~
tttth''!' ~V1S!l3111'
--..u.-ttt:r-ttt...-. . t-
. ...tr.f-ttf:J:t-tttt, :~
~~
~~
."
.~~\
~;
~1'
~~
~
0:,.
w::>
o..z
t
~
"'<
ll.O
1II~
;J.-
>
o
0:
n.
!1i:
>-
~.
w
0'
<
3nN3t\VSS3l!ONO~
W
I-
00
~~ 0:; ~
~
CL ~'
~;
z
o
f-
<(
UN
0'"
--1 (,~
:I:
~ '4' ~~
- :s;--::-
:i1 ~ '"
lJ', , ~-.J~
.- '" '"
-, ~ -
'"
:;2 '" <D ,
6 0 '"
"'''
0<
- ~ ciw
"" ':"~, ::r~l: z....
<
~~:~ ....0
Uz
~~~~ ~~
Oul
o::w
"-0
~~~~ ~
:>:
~\Jl1l: ~
m~ ;j
'^
~ ~
i' ';
fr:'-i'5:' ."
~ ~
~~(!~~~~. ~~~! ~ ..
T (j
a~~~~~~~ ~ ~
"
iS~:~~~~ ~
~~~~.~~g~ t;,_ :.J~ 3 ~
~'~r.l . ~
~~~~;~~~~ ~,,~ .~ "
'" ~ f
~ ,~~:::-g;tt~~~ ~~~,.,
;;,ri
~uj
1:..5
~
~
.~ I
~ ~i2
~ ~~
~ ~~
.~h
~ ~~
~ ~~
~:
~
~
~7
.
z ~
~2@~
~g~~
uJ~~fj;
~~(J)~
O(J)U
(J)U(J)
?;a::~a::
:JOZO
I a.. u.. :J ~ I
"'
"
n
c.,
.I?:
<-:i..
v::.:::
07
o
'=1-
c~
'.;.;0
~~
;'f
:-:;..;
"""~
~^
~~
,
~
i-(,
, "
~i~ -. :~
~~:C _0
ii3 ~~
~~ ;~
- ..
~ ~~
~~ i
.~i ~
~:1
- ~
.. f
~~ ,
~ .
~
~!
Ii! ~i :~
~u i~ ,ill a:
':lag I 9~
~!~ ~~ ~~ ~ ~
~~~ :~~ g ~;
~~~ :'"~ i
~g9 ~ e
~.":; t ~
~;:'~ ! ~
g ~ i"
,
?:.!;;!l ~~ .:r;l '21: .o;';J ";~
.~~::: ~~ ~;~ E~t i:;
-<~ ". ., M "',( ~~
. ,!~ m ;~ ~~ ;
1~ ~! i~,:p.:.~ ;_~~.l;.; :
;~ ~ ~ ,
-: i; m :.~~.~ : :
~i _~ ~.~ ~ ~
~,-.
? ; ~~~ ~ ;
~j ~:~~~~;
1l:;~~.: ; ...
t ~ n ~ .~., ~ ".:~_'~. ;.:....1.::.,
~~ t.~~~j;t _"_
'd~ ';~.1l~€: ,,"
. ';;~.~,.
~: ~~~~;~ =
~~~
-.
~ ~~.....;;.."
1 ~1~~~~ It'';
~ ~~~::~ ~~i.
a ;~dH ~~
ll~j:! ;~ii lill !j~ ~ !l!!
,!",h .:,~ .... 3.,. . ""'
Ii!!! ii! 11; ;.!~! 'l!ii
..Jl "'".., ~ 5.~~.~.: ~;l.~~;i.; '~v
~:: i~:'13i ;i~ ~~ ~~~~~:~ ;:~" i;3.~~
~~,j ~;;.~~~m j;.~ ~~_:f!~!! ;~ : ~m~
" ~ ~ - ~ 1~~~:
~~ ~ ~ ~,;,~~:.'.;.l ~~ ~.'~.;:.li_:~; :~ j ;;:i~
~. "2 - y -"_"- ~.. - ;....~;J,..~,~_.
- .,".; "".. ~~ ~
'. ~ ~i~!~ ~ !:~:~! I~ ~ !.i!~~
I:: ~
~; - in~ ~:::: ~j~~~, ~~~:~~~~
~i,~~J .~_.~I~,'~~_-.'.',~ iii; ....r~Ol
~ .. ...., .._ :';:-'~t;..~ ~:;.
.. _ ~;~~ ~~~::.~ ,,~gH~.. #foI.,;:;j ~":
I! ;: ! 1m il!~: ~)!~ II !jll~1!
yj ~ ~ ~~~ ~;~~ :c~~: ,~F~?:~~
.. ".. ',';:!'.'~.: . ..._ UP <<
3~ _ ~~>:~ ~r;~ ?~;!~~"t
l~ i ~t~ n~~ i:j~~~ ~~hi;'i
~~ .:;~~~~~~~~~~~~ ~ ~~~ ~~ ~
:: jllii:ii;i!i;~""!(' ~. !~;!:j!!
~ j!jl~!!liij~ :j!~;i 11 i~!~!:
~~!~~;~:6::~~ ~:~i~:
~; ~~~~~
: "'. ",I..
... ..;!l= - .....~~
." i ~~ ~:~<;':;
~ ~;! g'~~~i
i ~i mi~
1"i:i _...,....
~ ~ ~.....~:::
~ ~ ~! E,~~;~
,; f ~: ~~~~~
~ ;;,~ ~E;
:;.s ::'.~<J..
t ~: ~,:.~
;... in~
.
.
~ "
1 ~
:~~~~~;
~ ,'; ",,.-';3:
--: ~ ~; ':, ~ ....
:-~;1"l_,~ ': .0;.. ,..., l!
i~~~:~~ ;,.:;;~ ~
iliiii;lmm !
.- "\,, ""'''.''* f
;:~:~:: iwa: ~
~S!!:'ir.;;;; 'ii~~~~
;~H.;...,
'1:,,:>" ~"'
, "
- '.~:::.~ .- "':':':'ll" riH ':Ji~
,~~;; " ':: <::~' ;;; ~) <I=:." !:- ~ ~.'~ ~
I~ i!;;~~~ ~~!..: ~
i'.;~1 ~ ~",'" ;'",
~~,iI r ",:.:;:r,'i',~ 1 .. .. ~~;g~~
~. - -:"!~q.; ! ... ,~ ~~~ ~;i
;..:"~ '. Q~
:J:...:;:"
9ii~ ~ ~:~~~ ~ ." ~~i.!~~
":~"':J.l ~ ;'::~:~5~
~13~ i ,)f"~ ; ;~~;:~
cI ~'~.! ,~ ~.y! ~~~;
,
~g; % ~~..:~:: ;::~5,. i]::i
[,2'..." ,~ ~~.a~ ~ ,-,,>..'J.
.-:~; I~ ~;~H ; ~~:~ m~~
~ ~ i
~~~ ~~d~: ~E~::i
I~ .
... ;~j;, " :~
t ::~ "" JII ,~~
{~ jW; ~~:-' '<;;;:":
j" :"
% ~;~! 1I11111111111l1/1111I1I11I111I1I11I1I1111I11I1!1
: i~Jt qjeGB Engineering, Inc.
-lit O~[E~~~ CM.M>~~"'-"
(J1 E I ~ ~ FiMW. fMifMlllIDV ND_
. ~ ~'- 31(>> SltIiPg RlMd. ~:.vl ~; 1954J____
- Ft'ltfL1lIl1llrl:lilie.fbr.ciI J3.Jr;7 ~.. !lS4;' _ M!M
VENETIAN VILLAS
BOYNTON IIEACII
,,,,,,.
--... r 'C:'_~",,'~1IW'C" -q ~.Tf. r,., 1\1. '...."
CliENT' REVISIONS'
ATlANTIS DEVELOPMENT ue t
2 -- -
RORIDA 51 S,W. 11th STREET. UNIT 631 , -. -
4 - --
MIAMI. FLORIDA 33130 .. - '-'
(305137H032 . u_ ...-
, - --
L -- .,---
PRO.lECT.
GENERAL NOTES
~ .piIJi~ ~
~--. I t
gr~1!'rY~~
I
E-;--~
I
~
,
',", I
i
~
'~~71
I
~
,
,
,
'-.-:
l-/
I~
1\
!(
'I
:)
U-L-- --I
" i I
I ,
, !
I \
, \
/ ~
" )
I ~
(
~
,
~~ ;
~~ ~ .:
f __.
II
"P.
~l
\
\
\
\
\
\
I
)
)
\
I
t-----I
(
) I
1
\ \
\
\ ~
" (
, !
~~- -----i
~,~ . 1
~-~--
\ ~"..I'
"
JJ
~~~ti~~~
"
" ." ,~
~;~~~~~ ~
~~.:..;;~~
~ ~_"'1;"r.r~~.",
~
I
; I
~~
~ . .
,
~--1-- . ~M ..
I
,
I~ f. l't'J'!t!_J
t-T 1
.,
i?
~+--~_A
, (
, ,
" i
)
, \
I )
)
l
( I
i~..-l
I - !
>
i
(
)
i
)
(
)
, )
\ ,
~~ ~ ~-~
\1
:!-t\ T{lI'/Etw. i
,
,
\
,
,
,
,
,
,
.\ I
~101!'
~:rT
I .
~;~
,
,
, ,
~__// "V?-.,J
I)
i~ ~
~-Ll-~ --I
/ ~
I
,
,
I
I ( I
/ )
~ ' \
~I / \ i
~ ~--1-~- I
)
\
~
, i. I I
1- i I
'~ __m~
~---',\-_.~- ".
,
,
,
, I.
I I
i)-~
~.,...~IIIi..l%.'fi...'"7.J.~....
~ ~~~s~" I :
I
:
?; I I
'" :
~ I I
,; I :
~ ~
I "
i ; I ~
.~ I
~~ I b :
~~ : I I
~ , i !
~- ~ I
i I ~
i 5' i'Jf/J
. ;,- I
I I ,
I j , ,
!; , ,. , l
~ ~..-;/~ ,~
\, )
,
Ii (.
i ~
( I
'J I" 'O:llll!-::'~!3l''''. ,.,. o..~"" :! ~C'-'
~ llllllllllllllllllllllllllllllllllllllllllllllll "",,"T' CLIENT' "'~..,...
/~ UJ~ " VENEIWJ VILlAS I.
,1t ~ . ~~ ~~ 4i GGB Engineering, Inc. ATlANTIS DEVELOPMENT LLC 2 - - -
~~ ' m I BOYNTON BEACH FlDRmA 51 S.W, 11th STREET. UNIT 631 J.._ - -
~~ - .....; - .. -
~~ .J ".... MIAMI. FLORIDA 33130 ~'---- ---
eftll ~! rM.... ~wZ:...:a.,.-- CANAL CROSS SECTIONS (305}314-8032 1...__- -
, . ,. - -- --
~; 31tV~.Ibln,SL._201 ,.,.".:~~ .- -.-- -
Foff~.Flo.\"IlM:J3:JV r-.:l9SCt-....s6
ZEO"'.LElsOEI
OElEE YOIU01~ 'IWY'W
LEg llNn'mUIS IIm'M'S lS
:J11lN3Wd01mo SIlNYUY
:::(~'~ ~~, ~~~"O~
"".~~~~ .. 37~~. 1;sL{) ~ r
......''''''..."....'O'''''''"''''''''J9 .. '"~1: ~ ~ ~:;
'~~~II'~~~~~~~~~I~~~1I111111 "::~i~ i-t ~!
-- -..--.,
--'l
-----.----- "'
--.
"
"
--'r
'"
"
NV1d 39VNIWO
ONY 9NIOW9 '9NI^Yd
H~
SVl11^ NVlJJN3^
'" ."
'SNOI5IA3Y
,l:)3I"Olld
'lN3nJ
'O~: -~~ -,., ".'J ..u.> o>>;.1')r,' ".q',>C;I-~ ,-
~ ; ~d~1 ~I
I ~ ~d~l~n; I
:~ I;i~ : \'--1!~ ~! r .,~.~;:.~;n,,~ ~ ; ; Iii; i i I ; ! ! I
, ' Jlf'" "b,:n- .M- -.0="' ~;'!~ ':':'~-:_-":':':- n'l;' -"J i I : ~ ~ I t' ~ ~I@
C'I ~--rt~: : ~ rl:nus ~U€l MS '--'1l~ ..~> ~!~"" a. :: ~ ~ ~ ~ ~ ~ :' ': i ~11~f
::'111 /?"i,' :~n;'Tr_m~:::~-.-i.:; :;;'~:lt-~ :1~~-~~<~~.~i~~i. ''''''$' "'... <) ~~~ ~. '~
; I~,~ 'j~U' I .,'~' r',' 1';-' \ ,,~l!;)"'. I ii'
VI' I .r ~' "~' / iIfI'- r ~ -- ":fi I
~: ., .. ~ "-4" '-~ ~ ' I ~. . ~ .I!! II
~ ~ j l ~,__' ~ L-- ~ ~~ I I ~ I)
~~'~ I ! ~. - r~~ ~i.. '--"~~'f'f '.,~ =-@ (
Cl I I : ~ ~ I.~' ~ 1__~_...._J'~ ~ !ii j I
un_ ~- '/ ""~a...
k~ .
0,/. .~! ~
. ~;i
. :s ~_~,>
. r"
i~".t
,~.,
~"l
3 '.
: ~
'j
I~
J.~l
r~";
''''7
~
u
lJl~
;I:~ '
ffi- '
...~ :
101 I
.. '
""
,
~'":>.
,
..-""l'- -- --.
,--- ,
. ,
I~~~. ~
l\m
~;1'!..;~ '
~ ~
~~~
@~!
~ ct
'iI g
;'.~ I,'
,~
~;~
<5.""
;~~ I
---:.:::..
1----
~I~
o-
w
L\,__ _ ___
---~.
N...iII'-fJ;~'.f} N
l\"
; :
, ,
, '
;:
,;,:-' .;1 J
~
:j !.
~ \ ';i ii~
.~ ~~g ~~~
~. ~ ~'I
~~~" ~~
~ ~~5~ ~r
J W~~~l fl~i~
i~jgli i~~~
--'-:::--~'.
~-.L
-',
-,
--..
,
"
,
ISMlfSlllJtl
I ;a
1II0 u~
~~ ~~
....,ts.. -."~
" ,
~ ' co
:~ [b
! f'l ~
i ~Hi
I .." ~ W
~ f!..~ en
,;,:,/-~'l~' ~I
n
t'
8
~:
f ,~'::..-.:;~,\.,'" ~1
'~ II ~
d l:i 1/1 ~
~a ~i~!!
i 1/1~~sl
Vi~~ ;
01 r~. ~<f
~,.,. .~ :'
Va..-."
1,1 Q
. ~ " r ~ I-
" II "I (J W
~
1/1
V~
j"J..
!~
~8
"* ~I
i6~,
8 ~
.I.. ~
~I
.
~U
-..-
..,
.tl =1
i[W' ,II
hl, .
lo' ~
, i',"''.,:'" .L-
c~, :. ~..., 1 i~~~
'--I, \... "'"' _./ ./ . . .
", ..,1/
~r (! 11
. .'~ , .
8
.,;
~ @
.E''''''''~ -
! .......,
, . 5~
.~
-~'.' N
~ L< ~j
"! Ii"! "'1
.' ~
I~
~,-.
it i ''{ ---1
1/ ~<--! I
~ ~~i~U
, j F~H ~
t~ !!I! ~~;
.' H I) ,:~ S-\i! ! 'ftn
'''~;;'''''' 1 i ~I ~ i I ~/- J. 1
1 . ' t 01 ' ~ 'J...-- .- /1 >;
gt~ ; :I: l' 'f j /1 r-
S~!;i '! L.. ~ as t-' I~ II f,1....-, ~I
: I,; !, ;~ ~~ g: r ~ ~ 'I~' ~-- ! t3
d .<. 2\ Ii ~,J ;, ~ l:, It 1 I ~
,'{Fj'~! ~ :~-~ h 11- ,J i ~I ~ ! ~~d;
III! :; - ~ l~Hl. 1 ~ ~ 51 ~! N tr> , ~ ~; n
" f -j '. ~ ~ II ~j ~I:'~: ~ :'~ r : t b
, u I.'! g ~ i~ ~,': :
8 II I' 1
, ' . -'-\-'-
ZEOHLEISM:1
KlEt VOIHO'~ 'IWVlW
LE9 !INn 'Hms IIm'M'S 15
~l1lN3WdO'mo SIINVUV
o
..
~H
~r~~~
~i~'" ,,'
ii1~
::I' .
!
;,
Ii r,1 ~
("r .---1 z
" ,'V-_... 01
- ~; f /, '1:( ~
-TI !! nl
:/~. en
!/AcSg~
,-- iJ. i" U
.1 ~1 ~~ q
L II ~'I f
'j/)
~~! .: .-A."
"r ~, S5
b t! E
>t----!:
~d
~ ,',.,.,
w ; ~'~
~ j' 1
1 I
I
!
~~
....11 SlIVHO NOI!~nH!SNO~
10
SVTII^ NVI!3N3^
'1H3l1:l
!~
,.
~~
8
.~ '~
~ ~
,
..~,,~~~~~
i'~ \
>'1 r ';'~
II I"i ~
!\ Co I
1,'-1 ~s !
-; l:: I"~" ~
li ':1~ q
I '~.G--7 ~ ;:
/ ~/--- ~
I Ii,~ G
II W
~ 'j
- ~ k 'J
I~ 'I
~, N
II 1\1
; I., ~
il~,_ .
>I~ ..",
'/F/// ~/'
8 r.
~ ~
~ 'It!-
~ l! ~
-.!-
~ Ii, ,Il! :l.'" ! I
I " !j~ i Ii. I-
-Ii" 'n P "I'
"~.f. ~: ~i
'.', -; :!mi,
()~-! 1 n~~~t i
!tll,j;oll
, , . ' .. ~!~ II!: l
.._ ~ \J ~k!!' l
.~, ,~.
/~}.:...~ .~~ /A.......... ""~
'</r "''-j' \ ~.' I~'~'.I'''''-''''' \,~,
I, 110 '"1 w' ~.J..' v<
5 \ '",,"'f; ~~5 \ ~'." ) ~,,~
.: w "--'-~. ~ '---,V. F
l~ Iii, ~!
ff:[l ~l;l '";W,~
I :1 ,i) I ~' ,1,1. ~~~i i:l:! ,'1.'1
~ - l ,t>i-- 1~~"lt~((1~
. IY~'J !!!~"""':'~1:!~~~
~I i ,< 'I k '~!I - ~
I' ~ . 'Ii:" 1\ I' -.,
t kj 'l'i li!i "li:..." ~
-j;-.., ~ I! i" ~ ~~l
.L-b.. ~ ~ ' G'~ ;
(~, \--"f--F..J . ('1:;0:\ ~J ~I~: .i
\\\:) i r'} ~l i!...Y0/iY:~ ?I~~~~ :~
\ \Vl~..\ -: ~ ~~ \ ! ~1 VI'Jt:~ ;~
<)...~~~-~ !: \~g)1 ~ ~I~~~ ~~
~~It<1tiJlIlJ-/ ~I€tf'
68(Jtj9S6II>!X",J llIJI:ll4d W!
~:~'~~a~' ""z.1 ~
~ ~.SlID<<Wl ~~ (/'MOWJ 2'5
.""" ':JU/ 'Eu!-,/J/JU!EU1 HOD !!;.. 8 ~ oj
'103'0lId 111111111111111111111111111111111111111111111111 ~ i ~ ~
t~
!~..i- ~" !~ I i
.. i ( ~ .- a ~
! ~ Ii ~~~ q
.~J:' ~!; .;~
'-~ N ~
N ~ ~
.t--b ," ~~
r u_
> co
. ~. r
!'7~
~n
~
t~~ _.
~'" a'"
~~" . a:' ~~.~
'.-1 r"~ ~I '.~" '-
~I;-' GOB;!
J-'~~ 1 .el!m
. >, ~~,~, ~' 3;'.~
L' ~ y ~.,. ~;;~
~.l.~; ~ !;Y.
~;\.I, ,~~l. ~I' .~~.~
L 1 ' .O~~
"-". -. ~ b~
~ ~~~~.
~~~
~!~
- ~~
~ ,:; n _ l '
i~ii'~ J' I;ffl-~ ~ ln~ j
~illl~""'>!"" l~. ~ i-In.; ~
"I _-----\-j... I!~'! "~' !n~ ~ ~
~..__. I \, --~ ;~.,~ H,~ ~~ .il ~ ~
~. ,;,.".....,J---;,; , ~ t, ..1 ' it 1~'~ ~
illS !I.:n "'~ _ J~ ~~ I; ~
~ ~olH, ~
a:
z
o
5
::J
o
a.
co
a:
~
~
N
'"
:r-j ,
~F~~ ~ ~
,~.j -i'j~.~
~;r ::0 ~s i
' ~L ~ ~~ ~~.i
."';:; !;;:
fr' ~" ;~ ~;
'" 't,,.
.,.: ~I 1~1 ~~;.
. . .. u- ,'- .0 ~~
. I t ~~ ~:;
I L ., L eJ ,~ ~.
_. ,~J", ...."
t; '+,~ ~ "
~I
f?'
lfl
I I;
I.i..;I
~;
~
~
w
~
"Ill ~ I,
o 0_ J...~ rt
;;; ~~l;;
a~ ~~
~ro '~
8
~ ~
r'~"
~~"~\~R_
. ~~.
t---ri
d', ;lfl
h~ ~ ~i ' ~
-\-'-
~I
5l
~I
, !
.. 'f~'
II ~
;a.
I
J 1 ';rI. I IT]
~ · ~p i'~' ~I~
dl~ll\ ~ ;~! Ii .~~ I~ I;,;H~
..~ " "'1::" ~ .,~~ ~
toil: ~, -rh ~i ~11'~~n~.. ;~ '.
'.~1! ~ r~ ~l 1= *I.i;,~~il ~:
, ~.-s-, .-",-L; i !t=i'~ ~~ ~:<
!~ ~~! ~ ----:-~ I ~ ~ ~. - - - i~
-;- ~i ii 5r ..! ~ l'
rf~.t::. ~:r ~i; d' ;~J
4; ~~ ~:'-Ir- (11 ~~....' 1:8
;i P ,("j'./ '1" 1 '" lil~l.tll' m
~: . llJ. ~ Ii Ijl~I!~ ',~
cL - /' '..1.0-
~-~i;'~ I h~1F~ "?r
. t'.L-. . qTIP1Fn;j
,-,.;~r--, , II, ~ ),lrtll','I"I'. ill,
"i"--- 1", _1-""- ~ ~ I '~I . tl i
:!l;~ ~". 1 . " I ' i;l~{_a:titlrLJ,
~ -?---, 'I, f-, Il~~ ~ ?
Il( l -, .J - ,ld .....- ",.-
--~ ~ii~ -~ ~
~~.
.~
I
.
Inc., adjacent to the Alhambra
Harbour
ACLF parcels.
ARTICLE II
LEGAL DESCRIPTION
The lands which are and shall be held, transferred, sold,
conveyed and occupied subject to this Declaration are situate in
Palm Beach County, Florida, within the city limits of the city of
Boynton Beach and are described in Exhibit "A" attached hereto
and made a part hereof.
ARTICLE III
DEVELOPMENTAL LIMITATIONS
A. The structure or structures to be built on the
Lands shall conform with the following requirements:
1. Alhambra Square North:
Height: 2 stories
Building Set Back from east property line: 100'
Building Set Back from north property line: 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
adj acent 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
'-"
:::~~t~~ern&d by the provisions
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
/"
---
" /,t'/ 1
'\Ck
{,./
( ,-/'"'
;-.
, ./
..........--
south property boundary between the Alhambra Square South and 5c.c.---
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,
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 subj ect parcels and the ci ty of Boynton
Beach. These Covenants and Restrictions shall be binding upon
the undersigned Owners and their successors and assigns.
4
J