LEGAL APPROVAL
.
OCi
IN THE CIRCUIT COURT OF THE 15TH
JUDICIAL CIRCUIT IN AND FOR PALM
BEACH COUNTY, FLORIDA
MILNOR CORPORA nON, a Florida
Corporation; NORMAN J, MICHAEL
and ELISHKA B. MICHAEL, his wife,
CASE NO,: CL 89-6178 AN
CNIL DNISlON
Plaintiff,
vs.
THE CITY OF BOYNTON BEACH,
A Florida Municipal corporation,
Defendant.
AGREED ORDER ON PLAINTIFF'S MOTION FOR AFFROV AL
OF AMENDMENT OF DECLARATION
The Court having considered the above motion, and the parties having agreed thereto,
and being otherwise duly advised in the premises, it is hereby
CONSIDERED, ORDERED AND ADJUDGED as follows:
I. The Plaintiffs Motion for Approval of Amendment of Declaration is hereby
granted,
2, The Court hereby approves the City of Boynton Beach and the other parties
entering into the Amendment.
DONE and ORDERED in Chambers at West Palm Beach, Palm Beach County, Florida
this day of ,2004. S\GNEQ &. OI\l"EO
OCl i 3 200~
Circuit Court Judge
Copies furnished to counsel of record as shown below
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1
FTl:1300889:1
Case No, CL89-6178
Order on Plaintiff's Motion for Approval
James Cherof, Esq,
Josias, Goren
3099 E, Commercial Blvd,
Suite. 200
Ft. Lauderdale, FL 33308
Thomas R. Bolf, Esq,
Ruden, McClosky, et al
PO Box 1900
Ft. Lauderdale, FL 33302
fTl, 1300889, 1
2
-
~~ Ruden
~IIMcClosky
200 EAST BRQWARD BOULEVARD
FORT lAUDERDALE, FLORIDA 33301
POST OFFICE BOX 1900
FORT LAUDERDALE, FLORIDA 33302
(954) 527-2474
FAX: (954) 333-4074
THOMAS.BOlF@RUDEN.COM
October 12,2004
VIA FEDERAL EXPRESS
The Honorable Jeffiey A. Winikoff
Judge, Circuit Court
Palm Beach County Courthouse
Room No, 10.1216
205 N, Dixie Highway
West Palm Beach, FL 33401
Re: Milnor COIporation, et al vs, The City of Boynton Beach; Case No, CL89-6I78 AN;
Motion and Agreed Order
Dear Judge Winikoff:
I enclose herewith a copy of Plaintiff's Motion for Approval of Amendment of Declaration, and
an Agreed Order thereon, in the above-referenced cause. I ask Your Honor to review same, and if
appropriate, enter the Agreed Order. Envelopes are provided for your Judicial Assistant's convenience,
for mailing of the Order. I also include a Federal Express envelope for return of the executed order to me.
In addition, I would be extremely grateful if your Judicial Assistant would call me when the Order is
executed, and we will send a runner to pick up a copy, My client cannot proceed with the development of
his property until the order is entered, and they are incurring significant holding costs on a daily basis, so
anything your Honor can do to enter the order would be greatly appreciated,
Your honor should have received a package of these documents on Thursday, October 7, 2004,
When I appeared for motion calendar that day, I learned that same had been cancelled, I was fortunate
enough to see your judicial assistant, and she was kind enough to accept the motion, order, and envelopes,
As my client has been calling me regularly, I followed up on Tuesday with a call to your office, and then
followed the directions by calling the clerk's office regarding the status of the order, but the clerk's office
advised me they had not yet received it.
Thank you for Your Honor's consideration of this matter, Please do not hesitate to contact the
undersigned should you have any questions concerning the foregoing, Again, thank you and your judicial
assistant for any help you can give us in moving this forward,
i2:~,#
Thomas R, Bolf
TRB/mbd
Enclosures
CC: James A, Cherof, Esq, (wi encl)
FTL,1304049,' RUDEN, McCLOSKY, SMITH, SCHUSTER & RUSSELL, P,A,
CARACAS. FT. LAUDERDALE. MIAMI. NAPLES. ORLANDO. PORT ST. LUCIE . SARASOTA. ST. PETERSBURG. TALLAHASSEE. TAMPA. WEST PALM BEACH
IN THE CIRCUIT COURT OF THE FIFTEENTH JUDICIAL CIRCUIT
IN AND FOR PALM BEACH COUNTY, FLORIDA
GENERAL CIVIL DIVISION
Plaintiffs,
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~ ~@~owrn 00
MAY _6~
PLANNING AND
ZONING om,
MILNOR CORPORATION, a Florida
corporation; NORMAN J. MICHAEL
and ELlSHKA E. MICHAEL, his wife,
vs,
Case No.:
CL 89-6178-AN
. THE CITY OF BOYNTON BEACH,
a F!orida municipal corporation,
Defendant,
MOTION TO ENFORCE SETTLEMENT AGREEMENT
PlaintiffMILNOR CORPORATION, a Florida corporation ("Milnor"), by and through
its undersigned counsel, herewith moves this Court for the entry of an Order enforcing the
Stipulation and Settlement Agreement reached herein between the parties and as grounds therefor
states:
1. Milnor owns that certain parcel of real property located within the municipal
limits of the City of Boynton Beach, consisting of approximately 4,01 acres situated at the
northeast intersection of Congress Avenue and Golf Road (Southwest 23rd Avenue), known as
"Alhambra Square North. "
2, On or about June 20, 1989, Milnor and the owners of a related parcel filed the
instant action seeking to invalidate the then-current Comprehensive Plan Designations and
FOG/Boynton Beach
26360,00,014
66660
I'
Zoning Classifications of Alhambra Square North and another parcel, and seeking to require
Boynton Beach to grant the applications and seeking damages,
3, The parties subsequently negotiated a settlement, the terms and conditions of
which were embodied in the Stipulation and Settlement Agreement attached hereto as Exhibit
II A. " Pursuant to the Stipulation and Settlement Agreement, Alhambra Square North was
rezoned "office commercial" with the zoning classification ofC-1 (office professional). The C-I
office and professional commercial district permits within its classification a number of uses,
including financial institutions (with drive-thru facilities), medical and dental offices and clinics,
pharmacies, professional and business offices, dental laboratories, barber shops, beauty salons,
and similar uses, A copy of the City of Boynton Beach's Commercial District Regulations and
Use Provisions for the C-I office and professional commercial district designation is attached
hereto as Exhibit "B."
4. Milnor, by and through its engineer, Malek & Associates, Inc. submitted to the
City of Boynton Beach planning director a proposed site plan for development of a Walgreen's
Pharmacy and medical office building on the Alhambra Square North property, (A copy of the
proposed site plan is attached as Exhibit "C. ") The City planning director approved the site
plan, subject only to seeking confirmation from the City Commission that the project was
consistent with the C-I zoning classification agreed to in the Settlement Agreement. With this
confirmation, the site plan as submitted and approved complied in all material respects with the
C-I zoning and the Settlement Agreement.
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"
5. On or about August 26, the proposed site plan came before the City Planning and
Planning and Development Board (the "Planning Board") for approval. The Planning Board
is charged with the responsibility for approving the design features of a given project, including,
for example, colors, landscaping, building height and similar features, It has no authority over
the zoning or use of a property, Notwithstanding, the Planning Board acted beyond the scope
of its authority and rejected the site plan on the grounds that they did not want any commercial
development on the site, including the uses permitted in the Settlement Agreement.
6. Thereafter, Milnor, through its contract purchaser, sought from the City
Commission approval of the site plan and confirmation that it was consistent with the zoning set
forth in the Settlement Agreement. At the City Commission meeting held on September 2,
1997, the City Commission tabled consideration of the matter on advice of counsel that this
Court needed to make that determination,
7. Boynton Leisureville Community Association Inc" the homeowners association
for the residential area adjacent to Alhambra Square North, is in support of the project and site
plan as proposed,
8, The proposed site plan meets the requirements of and has the support of the
Boynton Beach planning staff, the adjacent property owners, and is in conformance with the
Stipulation and Settlement Agreement reached between the parties,
FOG/BoYIllOIl Beach
26360,00,014
66660
3
WHEREFORE, Milnor moves that this Court enter an Order enforcing the Settlement
Agreement and providing that the site plan attached hereto is incorporated into the Stipulation
and Settlement Agreement, and that the project may proceed in accordance with the site plan.
er Buesing squire
Flo ida ar No, 348491
R NICK & WOLFE
101 East Kennedy Boulevard
Barnett Plaza
Suite 2000
Tampa, Florida 33602
813/229-2111
Attorneys for Plaintiffs
MILNOR CORPORATION, NORMAN J,
MICHAEL and ELISHKA E, MICHAEL
CERTIFICATE OF SERVICE
I HEREBY CERTIFY that a true and correct copy of the above and foregoing Motion
to Enforce Settlement Agreement was furnished by depositing same in the United States mail,
postage prepaid, to;
CITY OF BOYNTON BEACH
c/o James Cherof, Esquire
City Attorney
100 E. Boynton Beach Boulevard
Boynton Beach, Florida 33435
all on this ~ day of February, 1998.
~c&--
FOG/Boynton Beach
26360,00,014
66660
4
IN THE CIRCUIT COURT OF THE
15TH JUDICIAL CIRCUIT IN AND
FOR PALM BEACH COUNTY, FLORIDA
CIVIL DIVISION
CASE NO: CL 89-6178-AN
MILlIOR CORPORATION, a Florida
corporation: NOnMhN J. MICIll\Et,
and ELISIlKl\ E. MICllhEL, his wife,
Plaintiff,
vs.
THE CITY OF BOYIlTON BEACH, a Florida
Municipal corpor.ation,
Defendant.
/
~~IPULATION AND SETTLEMENT AGREEMENT
MIL/lOR CORI'OIU\TION, a Florida corporation ,"MILNOR"l. NORMl\N
J. MICHAEL and ELISHKl'\ E. MICHAEL; hi~ wife '''MICHAEL''); and the
CITY OF BOYNTON BEACH, a Florida M~nicipal corporation r"BOYllTON,
BE1\CIl"), by and through their undersigned attorneys hereb}
stipulate and agree as follows:
1. MILNOR owns that certain parcel of real property located
within the municipal limits of BOYNTON BEl\CH and being a site of
approximately 4,01 acres situated at the northeast intersection
of Congress Avenue and Golf Road ,Southwest 23rd Avenue), which
rel\l 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 "Alhalllbra Square North."
,
2. HICIll\EL owns that certain parcel of real property
located within the municipl\l limits of BOYNTON DEl\CIl and being a
site of approximately 9.45 acres situated at the southeast
intersection of Congress 1\venue and Golf Road (Southwest 23rd
l\vel1ua). This raal 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 l\venue and Golf Road
(Southwest 23rd I\.venue), and more particularly described in the
1
EXHIBIT
I
A
'.:
!:xhibit "B" attnched hereto and made .. part hereof, and which
real property shall hereinafter be referred to as "Alhambra
Square South." The second parcel, being immediately adjacent to
and east of Alh~mbra 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..1I
4. The Alhambra Parcels are presently subj ect to the
following Comprehensive Plan and Zoning designations by BOYNTON
BEACH:
Future Land
Pc:\rc:els Use Element:. . Zonina
Alhal1lbra Square lIorth Moderate density R-1M(PUD)
residential
Alhambra Square South Low density R-1M (single
residential family residential)
Alhambra Square ACLF Low density R-1Ah (single
residential family residential)
5. On or nbout September 30, 1988, MILNOR for the Alhambra
North and MIClIAEL for the Alhambra south and Alhambra ACLF
parcels submitted applications (the "Applications") to BOYNTON
BEACH for amenclments to the futur.e land use element of the.
Comprehensive Plan, and tor rezoning of the Alhambra Parcels, as
follows:
Future Land Intended
Parcels Element Reauest R~zonina Reauest lla
Alhambra Square Office Commercial C-l (Office ottice/
North Professional) Medical
Alhambra Square Office Commercial C-l (Office ottice/
South Professional) 'Medical/
Banking
Alhambra Squara Mul ti-falllily R-3 (Hulti- Adult
ACLF residantial family) congregate
Living
Facility
2
commission. On October J, 1989, the City commission heerd and
cons ide rod public input and postponed consideration of this
Stipulation and Settlement hgreement until its regular meeting of
October 17, 1989.
Since that time, MIntOR and MICHA1:L 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 MIntOR and MI~IAEL, 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:
,
"
Parcel
FUture Land
Uge Element:
Zonina
Alhambra Square North
Office commercial
C-l (o!:!ice
Profe....ional)
Alhambra Square South
and Alhambra Square ACLF
MUlti-Family
Residential
R-3 (Multi-Family)
ACLF with no less
than 248 units
In connection with the development of the Alhambra Parcels, and
as an inducement to BOYNTON,BEACH to enter into this Stipulation
and Settlement Agreement, MILNOR and MICHAEL agree to the
following
developmental
limitations, , which
developlllental
limitations shall apply regardless of ownership of the Alhambra
I'arceln:
a. 1\lhambra Scruare North:
(1) Building Height not to exceed two stories:
(2) All dumpsters to be located away from adjacent
r~sid$ntial nr~as:
P) Construction of the six-foot zoning boundary
wall shall be coordinated with the governing association of the
4
"
6. The III'P\ icatJ.ons wera considered by the Planning and
zoning Board of 1l0YNTON BEliCH at a duly constituted and duly
noticed pUblic he "ring on December 15, 1988, at which time the
Planning nnd zoning Board recommended denial of the ApplicAtions
to the City Commi~sion.
7. On Janu:>ry 4, 1989, at a duly constituted and a duly
noticed Specllll M""ting of the City Commission of BOYNTON BUClI,
the City commission of BOYNTON BEIIClI heard and considered the
, .
Applications and by 1Il0tion daclinad 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, MILlIOR and MIClIAEL tiled the
instant action sceking to invalidate the current Comprehensive
,
Plan designation~ and zoning classitications ot the Alhambra
Parcels, seeking to require BOYNTON BEACH to grant the
Applications and seeking damages.
9. On September 14, 1989, Robert A. Eisen, Esquire,
attorney for MILNOR and !lIClIAEL; delivered to Raymond Rea,'
Esquire, city Attorney tor BOYNTON BEACH, a letter offering a
settlement of the instant action wherein BOYNTON BUCH would
grant
Comprehensive
designations
zoning
the
Plan
and
classitications requested in the Applications and MICHAEL and
MILlIOR would rel"ase BOYNTON BEAClI trom any and all claims tor
damage. /It its regular meeting ot September 19, 1989, the City
Commission considered the request tor settlement, and by a vote,
three votes in ':>vor, two opposed, directed the city Attorney,
Raymond Rea, to negotiate the terms o~ a stipulation and
Settlement Agreement with ~le representatives of !lILNOR and
HICIIAEL and 'present that Stipulation and Settlement Agreement tor
npproval by the City Commission at its meeting of October J,
1989. The city Attorney was further directed to give public
notice of the consideration of the stipulation and Settlement
IIgreement and th<lt the consideration ot the Stipulation and
Settlement Agreement should be a public hearing so that input
from tl.e public could be taken and considered by the City
J
adjacent residential property and the existing buffer hedge shall
be removed and replaced with sod and landscaping to the
specifications of ~he 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. a1.hamb~~ Saua~e South and ~lhambra Sauare ~CLF:
.
(1) Building Height not to exceed two stories:
(2) Roof pitch not to be steeper than 4/12;
(J) 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 pnrcels:
(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") sh..ll be constructed on the south property of the
Alhambra Squar~ South and Alhambra Square ACLF parcels. The plan
and design of the Wall shall be coordinated with and approved by
the governing ~ssociations of'the adjacent residential property.
,
IIpproval of tl,e Wall shall not be unreasonably withheld by the
governing assor.iations. 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 BEliCH for permit, copies of the Wall plan and site plan
shall be submitted to the governing associations:
,
(0) No parking spaces or improvements except
landscaping shall be constructed or installed in the Lake Worth
5
"
~
Drainage District ~iaht-of-vnv south of the hlhambra Square South
r
and Alhambra Square ACLF Parcels; and
1'1) Deceleration entry' lanes shall be pr~vided at
Qach .C!.ntrnnce: if deemed necessary hy BOYNTON BEAell.
,
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 BO'lIlTON BEACH, and the Declaration shall be reC,Orded
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 KIC1~EL. The Declaration shall be prepared
and distributed to, the governing associations by November 1,
11l89. A recordable Declaration signed by KILNOR and MICHAEL
shall be delivered to the City Attorney prior to the first public
::.
hearing on the rezoning and Comprehensive Plan amendments
desc~ibed 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 enncted by BOYNTON BEACH.
The Declaration is for the
benefit of the following governing associntions of the adjacent
residentia~ arens:
(a) Boynton Leisureville Community Association, Inc. as
to the Alhambra North Parcelr and
(b) Go1fview Harbour and Golfview Harbour EStates as to
the Alhambra South and Alhambra ACLF Parcels.
.
12 . BO'lllTON
BEACII agrees
to
supplement
11lS9, to
or amend
its
ComprehensivQ Plan
by December
31,
pe%1llit use
and
development of the Alhambra Square Parcels as Bet forth in
pnragraph 11, above, SUbject only to the limitations set forth in
this Settlement and Stipulntion Agreement and other usual and
customary site related cOn?itions of development.
13. BOYNTOn BEACl! agrees, within thirty days of the date of
this Stipulation, to re7.one the Alhambra Square parcels to permit
the development set forth in paragraph l~t above, subject only to
completion of all procedural requirements under Florida Statutes,
6
,
Sec. ~63,3~84. the limitations set torth in this Stipulation and
settlement,Agreement, and other usual and customary site related
conditions ot development ot genera~ app~ication in BOYNTON
BEACH.
14. To the extent that ordinances or resolutions are
required to implement any ot the terms ot this Stipulation and
Settlement Agreement, BOYNTON BEACH agrees to prepare and adopt
any and all such ordinances and resolutions necessary to
.
implement the terms ot this Stipulation and Settlement Agreement.
.
15. Simultaneous with the execution ot this Settlement
Stipulation. MILllOR and MICHAEL shall deliver to BOYNTON BEACH a
full. and complete release on behalt of itself, its otficers,
..
directors, shareholders, employees, aqents,
and representatives
.
~
as to any and all actions, suits, damages, claims, which it or
they may have against BOYNTON BEACH or any ot its ofticial.s,
employees, consultants, agents, elected officials, or appointed
officials in connection with or related to any action or inaction
regarding ~he Applications and the ~lhambra Parcels. The general
releases shall be held in escrow by city Attorney, Raymond Rea,
until all actions necessary to etfectuate this Stipulation and
Settlement Agreement have been duly enacted and then shall be
delivered to BOYNTON BEACH.
~6. MILNOR and MICHAEL shall turther 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 ot any actions taken by BOYNTON BEACH
under the terms ot this Agreement.
17.
MILNOR
and
MIClIAEL agree that DOYNTON BEACH's
"'-
Stipulation and Settlement Agreement shall
obligations under this
at all times be subject to Oepartment ot Community Affairs'
approval.
MILl/OR and MICHAEL further acknowledge that BOYNTON
BEACH shall not be responsible tor any other Governmental
Agency's action related to the development of the Alhambra Square
Parcels.
7
,
18. The parties shall forthwith inform the Co,",. c: 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 fully and completely effectuated. 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 porties to ensure that the terms and conditions
herein are adhered to by the parties.
RAYMOND ~E^, ESQ.
City Attorney for 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:
~~~
RAYMOND REA, ESQ.
,
,
DAnD: ~ 3t) IlZ'if\--
pldg 06/pldg l/RN
,
LAW OFFICES OF RODERT A. EISEl!
Attorneys for Plaintiff(s)
4700 Northwest Boca Raton Blvd.
Suite 103
Boca Raton, Florida 33431
(407) 994-2090
Florida Bar No. 180136
BY:
~\t\~
ROBERT A. EISEN, ESQUIRE
DATED:
~'C.~n~'\..~3- '7X(~i
8
,
.
~
,
-. -...
!is
Minimum rear yard
Maximum structure height
25 feet*
45 feet, not to exceed
four (4) stories
*When abutting residential districts, side and/or
rear yard shall be thirty (30) feet.
3. Off-street parking: As provided in Section ll-H
hereinafter.
K. PUD PLANNED UNIT DEVELOPMENT DISTRICTS. Chapter 2.5 of
the Land Development Regulations is hereby incorporated
by reference into these zoning regulations, and all
planned unit developments shall be considered zoning
districts on the official zoning map. Chapter 2.5, and
all planned unit developments approved in accordance with
Chapter 2.5, shall be subject to all applicable
provisions of these zoning regulations, except as
otherwise provided for in Chapter 2.5.
Section 6. Commercial district regulations and use provisions.
A. C-l OFFICE AND PROFESSIONAL COMMERCIAL DISTRICT. These
district regulations will provide appropriate space for
office and professional uses, located to provide ready
access to such services for all.
1. Uses permitted. Within any C-l office and
professional zoning district, no building, structure,
land or water, or any part thereof, shall be erected,
altered or used, in whole or in part, except for one
(1) or more of the following specified uses (single-
family occupancy when incidental and necessary to
main use is permitted). Those uses, however, which
are listed in ~. below shall require conditional use
approval, and those uses which are indicated under
lB. below shall require an environmental review
permit, prio~ to the establishment of these uses:
a.
Churches and other places of worship and
attendant accessory uses. Day care centers,
primary and secondary schools, seminaries, and
colleges and universities shall not be construed
to be an accessory use to a place of worship,
however.
Financial institutions, including drive-through
facilities.
Funeral homes.
Funeral home with Crematorium.*
Government facilities, including public community
centers, excluding uses which have extensive
storage or maintenance facilities, or storage or
maintenance as their principa: use.
Hospitals.
I
b.
c.
d.
e.
f,
(I
EXHIBIT
Adopted Apr11 4. 1"'. Ord1nanca 0"-02
.av:L..cl
2-25
B
\
c
56
I
1
Medical and den~al offices and clinics.
Nursing and convalescent homes.
Pharmacies, medical and surgical supplies;
orthopedic, invalid and convalescent supplies;
eyeglasses and hearing aids.
Professional and business offices.
-Veterinary offices and clinics, excluding outdoor
kennels, or keeping of animals for purposes other
than treatment, and excluding on-site disposal of
animals.
Reserved.
Nursery schools, day care centers, and other
preschool facilities* (See Section 11.C.).
Instruction or tutoring, with a gro~R floor area
of less than two thousand (2,000) square feet,
limited to instruction for office occupations, or
academic tutoring, and specifically excluding
art, recreational, trade, or industrial
instruction.
Instruction or tutoring, with a gross floor area
of two thousand (2,000) square feet or more,
limited to instruction for office occupations, or
academic tutoring, and specifically excluding
art, recreational, trade or industrial
instruction. *
Academic schools, regardless of floor area,
including primary and secondary schools,
seminaries, colleges, and universities.
Copying service. Print shops shall be allowed
subject to obtaining an environmental review
permit in accordance with Section 11.3.
Restaurants,* subject to the following
conditions:
(1) No restaurant is to be allowed in an office
building or complex of less than twenty-five
thousand (25,000) square feet.
(2) No restaurant shall occupy more than five (5)
per cent of the total square footage of the
off~ce building or structure.
(3) No signage for the restaurant shall be placed
on any freestanding sign for the office
building or complex.
(4) Hours of operation shall be limited from 6:00
a.m. to 5:30 p.m.
(5) Seating shall be limited to forty (40) seats
or less.
Barber shops, beauty salons, manicurists, tailors
and dressmakers.*
Dental laboratories.*
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Adopted Ap~11 4, 1"5, Ord1naace 0'5-02
2-26
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. 3nN311 Y SS3t/DNOD
EXHIBIT
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JUH-30-se 08,27 FROH,JOSIAL QREN ET AL
10,954 77 .-q~3
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r-~nn,~IE:-<T OF C<>lUIJ,;CnOl"
This ilS'CMI_ <>I c:om:.:tiod mack lIS c( llIc cloy of 1\l1)1!, I~ by
AlllAMHRA !lQtJARE MOIUa. AUL'''t6RA SQlJARIi SOUTH, IIlCl AUlA.'''Oll~^ SQU...~F.
"eLF I ~<>Ilecuwly r~(~d co IS "01011:.71".1,
WrrN!iSSF.TH
Wl{~F.AS. 0,.,1),,'($ callS4"4 a DccbrztiUll d COll'~_l' srd Rcsrridiom roc .-\lh4lllbza
S<jIal'C d:lL-d May 7, tWI, lO be 1CC0rCe<l ill Official Rccorc!s lklok &l9S. i'&~ 1431. !>alm Jlc~<h
COUlIly, Florida (&he -Do;JanUoIl"i' alld
WlrEREi\S. ()"'llm. ill = and ai~e, Il\adc _era: rd.r~ in die Pec:lullion
iDdi."liq :!Ill AlIIaaIbn ScpIr~ $oullI _ Albwt>na ~,_ ACI,.P wClllld !:e cllveiofecJ -";111110
Icss IIlaa 248 ~-:..s
WU1.:lW.AS. i1 ....a.. i~ Illalllie r.~~ illlhe l)ccbntion iDlkaIc U ~ra
Square Sclo&lh oncI ^IWubq Squa~ ACLf' .....wll he dev~iar<" -with no _ 111311 ;:44 3p.1lI~', .
u4 0-"'1$ de.<irc 10 cOlRCl aid errw aod mi...;
NOW, T1U1tEFOJU:. _ DecIaAliOll io C<la~.:d _ amellded IS CQl1QW$:
II' /III rO/ferfllCl" Ie) "Ill) ks$ lIt8ll ~4lI' or '"2411" mall b<; d1:mJed to read "110 muN 1Il:ul
m.-
\:l\ III iIll OIlIer ~, t!lt Decbr4ln.n >h2I1 rauin in full C""", and d'fe.'1,
1/>1 WTrN'AAS WllF.REOI', Q9.'l)..~ ~ :aqood this lnSItUllll:rt of Correctioll to b-: .:lI.=d
tile c!.ty md yeat fi", aho\e ,,'litlC12.
S~tccl. ..~ UlCI deli-on:<! "UIAMBRA SQl1 "RF. NORTH
fD ror prne:nct::
,_ ~Y.MiI_C~~~ P~c~otiw
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Name PrillIed _~ .l..!:'::S::\';':-\"~ ~ _ ~:. -
~ N#Do: ::;,_ - ~.\
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Name 'md f'.reA^1P'1 )),tJ1~
PACE
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"
Sip.d, ",ilI~d .1>4 di:!iv<r,'d
ill <W Pfe'4"""
ALHAMBM SQUARE SOVTH
~\
Name rrilll
I)v, Milne'" COtf'iJ/,' :.'n, (),...u <oll,vr.ttNn
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. Nm;;: ~;.~~_ ~ , tL,c..c...t
TIlle: ft.L4E"A'
SiglHd. ~ ~nd deliv"Rd ALHAMBRA SQUARE ACLF
~ our pRWllCe:
.~Jj ~~y: Mi1oorcurrur.~tiur. a F\.".i4.& corporariOCl
N-d~-~~~~~~7 .
~ ___I ~=.,=- ;[;= _",J_.\
p _L~~Zftl~-
S1'A11> Of _~'~I
COUNTY OF V~ ~~)
IIIEREB'I Q,RllFf Wt OJ! tfIis wy, befOClt me. all otrscercWIy .uIIl..u.u iIIllw Sial/!
afClra:lid d iIIl1W C:-S atOl'e$lid to tab scbow~. pt~y 3fP'8I"ed
~_.._ 'X """ ........i t"'~ ,,\.,.& cor MiImc ('urp<'C'alion, a ~0lI, oa belWr or I.;'
corpoutiCll. to = kIJ)llI.lIlO be die penon Gtso:ribnl ill ~l1d who fXe('~1C4 tbe CorqoiJ'i iusr1'Ul1lCIX
ilad 'IItIo ~"'I=a~ befoce nw dial bo; cxco;uted the S3mC. .
-ti
WITN1!.~ my blllCl and official seal ill Ibll cC'l11lY .lIlI !laCe /3st afCRSliil tIIis I ~ day 0(
Jun:, 199A
TIllS INSllUJMF.I'o-r PIUll' AlU!I) BY:
5an. Berry &; Sims
l700 Finl AIIK'ri=I <AGCf
N...avillit, m 3123a
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l\)c1o\O<... \.~ ~-4,~ \: "",
I,!;
D'''Il>ll^H L IIOTODUY&
NClfAKY 1'\,l,UC: lII'A,. OF R.QIlI!)
<.1_1S8ION NO,o;_
M"\' <:ClW<.-"., r SOI/ 1
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