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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 ("" _ ,_~,'~,~_'''~: of unQ('. "."'f" fld!I<- ~ . ""dr,r;;r ,J .,..-;"~!t,, '\;,q t..J\'ii.Ur ',. J'" I"'~ h< V;-.-J .;;' t: ~" Jel-,'\>-' " 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, ) ) ) ) ) ) ) ) ) ) ) ) I ~ ~@~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. FOG/Boynton Beach 26360,00,014 66660 2 " 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.* 0, p. q. r. s, t. 1A. conditional uses allowed. These uses specified above in subsection 6.A.1. which are followed by an asterislc (*) shall be deemed to be conditional uses, ..v1..d Adopted Ap~11 4, 1"5, Ord1naace 0'5-02 2-26 ~ ,~ I "I E i!!~ ;. ;!..... .... utt Hi- :i~~ Hl i! " -H' ." iH I II ~. !!H = ;!.&C ;~<#~~.,~ hd!t. hU;~3 ! :::s::: ::: -~ I :hjJ ~ijH II '1-. llli~ eli!! !~I ;}. !Ii '51; .u III ! . !~ej ~ Iii! 1111 ...... It " ; "1 -r I !I lj ;i .. I~ ~r ,~ It V i 'II I, !I ,. I j! I If . !! I i h ! "T " , I ,,\ "i,~ " \' I I, k ~ ~ I"j =1: I' II I Ii !h! _.1 ! 1 J. ! ''1 j 1!:J. ii~t iiijJ; n~!~! ttn.li ~ !::::' ~ :: : 't- c---, I I . " t 1-.l1.....L.......,~ '~II4iilh~~ ~ ~ I ~~I~~I~ r = J . n ...l ~ ~,i,~! ~ 1:'"1-'-!'1 ' ~ I I. ! - . i'ilil i -.'~ . . ~. o. 3"II]iIflSJ]1 I I I I I 1 1 I I ,I I i~. . "1 1 1 I~ ." 16 '0: ,,,- . .f~:1 2. I~ ,'" I~ ,'" I" ,,< ,I <:i . '.J Cl:: ''e.~~ , I ~ "j,'^ I .! 1 ....._,...-... -.......-,' -- -- ,_, ).-:....: I ,,,"::'--. .. .. ..-'.'. , i ~ 0:;" ., ..... O' .. . ,', - J!::..I l' I I I ._..:..1 __4__ ._._....L. .--.J. . 3nN311 Y SS3t/DNOD EXHIBIT J c <", "'. - ~~~ m II c: ~ra: I: "'~ ~! ~ . . ~g~ i ~" ~ i: :.,. 0 z < " '< ~ ;:: ~ '" < ~ < , i I t ., . I JI' . o ,I 'I 1 I 1 ~ 1,;1 11 II I' f-ll .' . -i ~ "I, [ H 1 , - 11 II } I ,I 111~11 I I I J1!jOlf-l1} l : i.lt !.I ~~ ii, 'I IJmw l HithUH'jlld 1 ',1 !ill,\ f II 1 Itl'JI!ii1liill:1 llli ~. If 'll lill ' 'l HI!! !1l1[l'i, "I JtlllJIIHojh. ~ ; ;J! ;l!;f;t~;;ri " -. " , . ,^ . ~I , iig ~ M i:, . ' tit I... .~~~. '~~:i- '5: ~~i ;! !;j 1.11: ;:;"!!& !; li~ i~ 1..1 '1."". "In' "d 'I'! il~t . ~". ;;~ ~~'iJ :: \'t;~~. I sl ~~! nililf - ls ~. ~~- ,l~ ;\'1 ;:.n,( JUH-30-se 08,27 FROH,JOSIAL QREN ET AL 10,954 77 .-q~3 , - -- 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 '_l.~~~i6.:: u..LCL....~~, ,,/~ : Name PrillIed _~ .l..!:'::S::\';':-\"~ ~ _ ~:. - ~ N#Do: ::;,_ - ~.\ ~. Ti:J:: t'......'.l...,,""" Name 'md f'.reA^1P'1 )),tJ1~ PACE :1/6 " 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 ~ . ..oJ , "''<V ._ ~~,"\<;;hi: . 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 ~p~~aC.l, ~c:c.:~ ~ ~'o",...C&.-\.,. \,.,., ~ ,"-\<.=-i s 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 ~NC;Q'.'" ,,-