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LEGAL APPROVAL MEMORANDUM January 12, 1989 TO: FILE FROM: JAMES J. GOLDEN, SENIOR CITY PLANNER RE: ALHAMBRA SQUARE ACLF CONDITIONAL USE APPLICATION On January 4, 1989, the City Commission denied a land use element amendment/rezoning request for this project. Denial of the zoning change precluded the further processing of the Conditional Use application as this application was withdrawn by the agent. On January 10, 1989, the Planning and Zoning Board deleted this item from the agenda, which had been continued from the December 19, 1988 special meeting. ~f.~ ~ES J(! GOLDEN JJG:ro cc Central File MEMORANDUM 6 January 1989 TO: File FROM: CsA RE: Alhambra Square ACLF - Conditional Use and Land Use Element Amendment and Rezoning Pursuant to the City Commission meeting of Tuesday, January 3rd wherein rezoning requests for Alhambra South and Alhambra North were denied, the referenced conditional use became a moot issue. "I ra . Li~w d, k.U/)VtJ~ Carmen s. AHhunziato /bks , MEMORADUM 1 ( June 23, 1989 TO: Honorable Mayor and City Commission FROM: Raymond Rea, City Attorney SUBJECT: Attached Summons - Milnor Corporation Attached for your ,information please find a copy of the summons concerning Milnor corporation (Alhambra Square), which was received by City Hall today. ~\M+;;1~-- RaymOI\d Rea City Attorney RR: lat attachment cc: Peter L. Cheney, City Manager Carmen Annunziato, Planning Director -RECEIVED. JU~ " - rv..l:{l:{\\~G DE.Pl~" ';\ .... 4 ~ .",- IN THE CIRCUIT COURT OF THE 15TH JUDICIAL CIRCUIT IN AND FOR PALM BEACH COUNTY, FLORIDA CASE NO: f/- ~r 6/7/ A ~ MILNOR CORPORATION, a Florida corporation; NORMAN J. MICHAEL and ELISHKA E. MICHAEL, his wife, Plaintiffs, vs. SUMMONS THE CITY OF BOYNTON BEACH, a Florida Municipal corporation, Defendant. / THE STATE OF FLORIDA To Each Sheriff of the state: (! "? <) .' t /..-.J / (' ()c:'i!'-- c4J'V YOU ARE COMMANDED to serve this summons and a copy of the complaint or petition in this action on defendant: THE CITY OF BOYNTON BEACH By Serving: MAYOR GENE MOORE ci ty Hall IOO East Boynton Beach Boulevard Boynton Beach, Florida 33435 or 639 East Ocean Avenue Boynton Beach, Florida 33435 Each defendant is required to serve written defenses to the complaint or petition on Robert A, Eisen, Esquire plaintiff's attorney, whose address is The Law Offices of Robert A. Eisen, P,A" 4700 Northwest Second Avenue, Corporate Plaza, suite I03, Boca Raton, Florida 33431 within 20 days after service of this summons on that date, exclusive of the day of service, and to file the original of the defenses with the clerk of this court either before service on plaintiff's attorney or immediately thereafter. If a defendant fails to do so, a default will be entered against that defendant for the relief demanded in the complaint or petitioner Dated on JUN 2 01989' 19 JOHN B. DUNKLE As Clerk of the Court ; ,'"){;H:' ;,'~Y'i-.?t"'.,\JVS ' . ., , I j i t ._~ V . .... By As Deputy Clerk IN THE CIRCUIT COURT OF THE 15TH JUDICIAL CIRCUIT IN AND FOR PALM BEACH COUNTY, FLORIDA CASE NO: ("L',,' x/'. 0L-(-VI76' /l/tl MILNOR CORPORATION, a Florida corporation; NORMAN J. MICHAEL and ELISHKA E. MICHAEL, his wife, .r~ . Plaintiffs, ,', 'I'" J .J ,,,,,;): vs. THE CITY OF BOYNTON BEACH, a Florida Municipal corporation, Defendant. / NOTICE OF COMPANION CASE The Clerk of the Circuit Court in and for the Fifteenth Judicial Circuit is hereby notified that the above-styled case involves the same parties and the same subject matter as a prior proceeding styled "Norman J. Michael and Elishka E. Michael, his wife vs. City of Boynton Beach, Case No, 77-33l6 (CA) L (Ol-A)", heard by the Honorable Timothy P. Poulton. It is respectfully suggested to the Clerk of the Circuit Court that the interests'of judicial economy would be served by assignment of the above-styled case to the Honorable Timothy P. Poulton. DATED this ~() day of June, 1989. LAW OFFICES OF ROBERT A. EISEN, PA Attorneys for Plaintiffs 4700 Northwest Boca Raton Blvd. suite 103 Boca Raton, FL 33431 (407) 994-2090 Florida Bar No. l80l36 ~jC\~' ROBERT A, EISEN By: (notice/plead/jat) IN THE CIRCUIT COURT OF THE l5TH JUDICIAL CIRCUIT IN AND FOR PALM BEACH COUNTY, FLORIDA CIVIL DIVISION CASE NO: r!), ge! - t:j?t A~) MILNOR CORPORATION, a Florida corporation; NORMAN J. MICHAEL and ELISHKA E, MICHAEL, his wife, Plaintiff, . ~,:',\) ,\';-' ., vs. ,.,,' , ' '..:' ~ THE CITY OF BOYNTON BEACH, a Florida Municipal corporation, Defendant. / COMPLAINT The Plaintiffs, MILNOR CORPORATION, a Florida corporation, NORMAN J. MICHAEL and ELISHKA MICHAEL, his wife, by and through their undersigned attorneys, sue the Defendant, THE CITY OF , BOYNTON BEACH, a Florida Municipal corporation and allege as follows: ALLEGATIONS COMMON TO ALL COUNTS 1. The Plaintiff, MILNOR CORPORATION ("MILNOR") is a Florida corporation which owns land in and transacts business in Palm Beach County, Florida, 2. The Plaintiffs, NORMAN J, MICHAEL and ELISHKA E. MICHAEL, his wife, ("MICHAEL") are residents of Palm Beach County, Florida and own land in and transact business in Palm Beach County, Florida, MICHAEL is the principle shareholder of MILNOR. 3. THE CITY OF BOYNTON BEACH ("BOYNTON BEACH") is a duly constituted Florida municipal corporation having governmental powers pursuant to the Municipal Home Rule Powers Act and a Charter. 4. MILNOR owns certain real property located within the municipal limits of BOYNTON BEACH and being a site of approximately 4.0l acres situated at the northeast corner of the intersection of Congress Avenue and Golf Road (S.W. 23rd Avenue), which real property is more particularly described in Exhibit "A" attached hereto and made part hereof, and which real property shall hereinafter be referred to as "Alhambra Square North". MILNOR has owned the Alhambra Square North property since 1988. 5. MICHAEL presently owns and has owned for the past nineteen years a 9,45-acre parcel of real property located within the municipal limits of BOYNTON BEACH at the southeast intersection of Congress Avenue and Golf Road (S.W. 23rd Avenue). This real property shall be referred to as two parcels, the first parcel being a 4,45-acre parcel situated closest to the intersection of Congress Avenue and Golf Road (S.W. 23rd Avenue) and more particularly described in Exhibit "B" attached hereto and made a part hereof and which real property shall hereinafter be referred to as "Alhambra Square South"; and the second parcel being immediately adjacent 'to and east of Alhambra Square South and consisting of 5.0 acres, more particularly described in Exhibit "C" attached hereto and made a part hereof, and which real property shall hereinafter be r::.ferred to as "Alhambra Square ACLF". 6. The Alhambra Square North I Alhambra Square South and Alhambra Square ACLF parcels of real property shall hereinafter collectively be referred to as the "Alhambra Parcels". 7. The use and development of the Alhambra Parcels are regulated by BOYNTON BEACH through the exercise of its comprehensive planning and zoning powers. The Alhambra Parcels are more particularly designated by the BOYNTON BEACH Comprehensive Plan and zoning Regulations as follows: Parcels Future Land Use Element Zoninq Alhambra Square North Moderate density residential R-lAA(PUD) Alhambra Square South Low density residential R-lAA (single family residential) Alhambra Square ACLF Low density residential R-1AA (single family residential) 8. A map showing the Alhambra Parcels and the surrounding land uses is attached hereto as Exhibit "0" and made a part hereof. As indicated on the map the Alhambra Square North parcel is adjacent to Congress Avenue on its west boundary, Golf Road (S.W. 23rd Avenue) on its south boundary, a BOYNTON BEACH Fire station on the west half of its north boundary and ten single family residential lots on the remainder of its north boundary and east boundary, The A~~ra Square South parcel is adjacent to Congress Avenue on its &boundary, Golf Road (S.W. 23rd Avenue) on its north boundary, Alhambra Square ACLF on its east boundary and a 100 foot canal known as LWDD-C-27, on its south boundary. The Alhambra Square ACLF is adjacent to Alhambra Square South on its east boundary, Golf Road (S,W. 23rd Avenue) on its north boundary, the fifty foot right of way of Southwest 13th Street on its east boundary along with one single family residence, and the LWDD-C-27 on its south boundary. 9. On or about September 30, 1988, MILNOR for the Alhambra North parcel and MICHAEL for the Alhambra South and Alhambra ACLF parcels submitted applications to BOYNTON BEACH for amendments to the future land use element of the Comprehensive Plan, and for rezoning of the Alhambra Parcels, as follows: Parcels Future Land Element Request Rezoninq Request Intended Use Alhambra Square North Office Commercial C-l(Office Professional) Office/ Medical Alhambra Square Office Commercial C-l(Office Office/ South Professional) Medical/ Banking Alhambra Square Mul tifamily R-3(Multi- Congruent ACLF residential family) living facil i ty, The applications for amendment to the future land use element and for rezoning shall collectively be referred to as the "Applications". 10. The Applications complied with all the procedural requirements of BOYNTON BEACH and contained among other things the following submittals: A. A conceptual master site plan for the Parcels prepare by Charles Putman & Associates. B, A traffic analysis prepared by K. S. Rogers, P. E., of K. S. Rogers Consulting Engineering, Inc. C. Planning report prepared by Leigh Robinson Kerr and Associates. II. In connection with the Applications on, or about December 9, 1988, the Planning Department of BOYNTON BEACH issued its memoranda summarizing the Applications and recommending denial of the Applications. l2. On December 15, 1988, at a duly constituted and duly noticed public hearing, the Planning and Zoning Board of BOYNTON BEACH heard and considered the applications and recommended denial of the Applications to the City commission. 13. On January 4, 1989, at a duly noticed and constituted special meeting of its City Commission, the BOYNTON BEACH City commission heard and considered the Applications and by motion declined to submit the Applications for review by the state of Florida Department of Community Affairs and the Treasure Coast Regional Planning Agency, Pursuant to the Local Government Comprehensive Planning Act and Land Development Regulation, the Applications must be reviewed and commented upon by the state of Florida Department of Community Affairs and the Treasure Coast Regional Planning Agency before final action can be taken by BOYNTON BEACH. 14. Review by BOYNTON BEACH of the Applications is subject to the provision of its charter, Code of Ordinances and the provisions of the Local Government Comprehensive Planning Act and Land Development Regulation. 15. At the time BOYNTON BEACH considered and acted on the Applications it had a duly adopted comprehensive plan, hereinafter referred to as "Comprehensive Plan," to guide the future development of BOYNTON BEACH. l6, The Comprehensive Plan provides in pertinent part the following: 3.3,l.l-"Provide a range of land use types to accommodate full range of services and activities. II 3.3.l.2.3-IIEncourage development of commercial land uses where accessibility is greatest and where impacts to residential uses are minimized, II 3.3.2.7.2.2-"Conversely, the area to the west of I-95 lacks adequate commercially zoned land to serve future neighborhood markets." 3.3.3.3-IIIf proposed land use policies are enforced, future commercial development would be located as cluster development at major intersections, 3.3.4.2,2-IIEncourage the development of clustered neighborhood and community commercial centers at arterial and collector intersections." 3.3.2.7.2.3-"AII proposals for additional commercial zoning should be accompanied by a traffic impact analysis which evaluates the effect that such projects will have on road capacities. These traffic statements should include all existing and planned projects, and potential land uses under the future land use as a basis for estimating future traffic levels. Further rezoning to commercial land uses should not be permitted, if such development would create unacceptable levels of traffic congestion." 17. Congress Avenue is presently a fully developed six lane arterial north-south roadway within BOYNTON BEACH. Golf Road (Southwest 23rd Avenue) is a fully developed two lane east-west collector in BOYNTON BEACH. Both roads are so indicated in the Comprehensive Plan. The traffic study submitted with the Applications demonstrates that the existing average daily trips passing the intersection on congress Avenue is 23,896 and on Golf Road (S.W. 23rd Avenue) 9,165. The traffic study further demonstrates that by 1991 the projected traffic on Congress Avenue passing by the intersection will be 42,64l and on Golf Road (S.W. 23rd Avenue) l2,066. Such traffic congestion and in particular the stop and go traffic associated with a signalized intersection, render the Parcels unsafe and unfit for low density residential development. 18. wi th reference to the development proposed for the Alhambra Parcels the traffic study submitted in connection with the application concludes: Although this project is classified as being a "significant project", it is concluded that the traffic on any link upon which this project creates a significant impact does not exceed capacity during the project's build-out period. This project, therefore, can be approved in accordance with the Palm Beach County Traffic Performance Standards Ordinance No. 87-18. This proj ect was also found to be generally in conformance with the intent of the city's Comprehensive Plan and this proj ect also can be approved as submitted. 19. The Comprehensive Plan in Section 3.3.3.5 projected ultimate land use distributions necessary to provide acceptable levels of services in BOYNTON BEACH, within the quadrant of BOYNTON BEACH wherein the Alhambra Parcels are located the existing and proposed commercial properties are inadequate to serve the needs of the community according to the proj ected ultimate land distributions stated in the Comprehensive Plan. In the quadrant wherein the Alhambra Parcels are located significant residential development has occurred which require new commercial development to serve its needs. The Alhambra North and the Alhambra South Parcels were designed to provide community commercial services such as banking, medical, legal, accounting and other office related professional services. 20. Development of the Alhambra North and South Parcels as residential developments pursuant to the future land use element designation in the Comprehensive Plan and as presently zoned with single family residences, is not economically feasible and would result in residential development subjecting the future residents therein to imminent danger from traffic noise, automobile exhaust pollution and other dangers and harms not compatible with the health, safety and welfare of the residents of BOYNTON BEACH, 21. The staff report which accompanied the applications states that residential development of the Alhambra North and Alhambra South Parcels would require substantial berming and reversed frontage layouts in order to buffer any potential single family development from Congress Avenue and Golf Road (S.W. 23rd Avenue). This finding by the BOYNTON BEACH Professional Land Use staff illustrates not only that the Alhambra North and the Alhambra South Parcels are unsuitable for residential development but that they are presently spot zoned and incompatible with the policies of the Comprehensive Plan. 22. The Comprehensive Plan provides that adult congregate living facility projects should be allowed in all residential zoning districts and that a full range of housing choices should be provided within BOYNTON BEACH. The traffic study submitted with the applications indicates that the Alhambra ACLF will not have either a significant nor adverse impact upon roadways within BOYNTON BEACH, 23. In connection with the instant lawsuit MICHAEL and MILNOR have retained the undersigned attorneys to represent them and have agreed to compensate the undersigned attorneys for their services. COUNT I DECLARATORY JUDGMENT PRESENT ZONING 24. This is an action for declaratory relief pursuant to Chapter 86 of the Florida Statutes, 25, The common allegations set forth in paragraphs 1 through and including 23 are realleged herein. 26. Pursuant to the implementation of its comprehensive Plan, BOYNTON BEACH has amended its future land use element and rezoned similarly situated parcels on the congress Avenue corridor from single family residential designations to commercial designations. 27. The current future land use designation of the Alhambra Parcels in the Comprehensive Plan and the current zoning classification of the AlhanLbra Parcels deny MILNOR and MICHAEL, respectively, rtll reasonable uo::e of the Alhambra Parcels. 28, The cur Lent future land use designation of the Alhambra Parcels in the Comprehensive Plan and the current zoning classifications of the Alhambra Parcels is internally inconsistent with other provisions of the Comprehensive Plan and therefore such present designation and zoning of the Alhambra Parcels are confiscatory, vague, arbitrary, discriminatory, illegal, unreasonable, unlawful, unconstitutional, and bear no rational or debatable relation to the public health, safety, morals or general welfare of BOYNTON BEACH. 29. Pursuant to the present future land use designations in the comprehensive Plan and zoning classifications of the Alhambra Parcels and the internal inconsistency of the designations and classifications, MILNOR and MICHAEL are in doubt as to their rights under the BOYNTON BEACH Comprehensive Plan and zoning regulations and their respective legal and equitable rights and privileges are affected, impaired and endangered by the comprehensive Plan and zoning regulations of BOYNTON BEACH. MILNOR and MICHAEL challenge the constitutionality, both facially and as applied, and the validity of the present designations and classifications and are entitled to have this court, by a declaratory decree, construe and determine the invalidity, illegality and unconstitutionality of the designations and classifications, by a Declaratory Decree, and to adjudicate and determine the future land use designation and zoning of the Alhambra Parcels. WHEREFORE, MILNOR and MICHAEL request a Declaratory Judgment designating the Alhambra Parcels on the future land use element of the Comprehensive Plan as requested in the Applications, and zoning the Alhambra Parcels as requested in Applications; and award of court costs and attorney's fees and such other relief as the Court may deem just and proper. COUNT II FAILURE TO AMEND DES:!:(;olA'J'I.QtLAND TO REZONE 30, This is an action for declaratory relief pursuant to Chapter 86 of the Florida statutes. 3l. The common allegations set forth in paragraph 1 through and including 29 are realleged herein. 32. The development of the Alhambra Parcels proposed in the Applications is economically feasible, would serve the commercial and congregate living needs of BOYNTON BEACH and would promote the general health, safety and welfare of BOYNTON BEACH. 33, The sole rationale of the Planning Department, the Planning and zoning Board and the city council for refusing to grant the Applications is to maintain Golf Road (S.W. 23rd Avenue) as a residential corridor. This rationale is inconsistent with the articulated policies and goals set forth in the Comprehensive Plan. 34, The present future land use designation of the Alhambra Parcels in the Comprehensive Plan and the present zoning classification of the Alhambra Parcels deny MILNOR and MICHAEL, respectively, all reasonable use of the Alhambra Parcels. The refusal and denial of BOYNTON BEACH to amend the future land use element and to rezone the Alhambra Parcels as requested by MILNOR and MICHAEL respectively in the Applications was arbitrary, capricious, unreasonable, unconstitutional, unlawful and a confiscatory legislative act having no debatable relation whatsoever to the public health, safety, morals or general welfare. 35, The present future land use designation of the Alhambra Parcels in the Comprehensive Plan and the present zoning classifications of the Alhambra Parcels is internally inconsistent with other provisions of the Comprehensive Plan and therefore the present designation and classification of the Alhambra Parcels are confiscatory, vague, arbitrary, discri- minatory, illegal, unreasonable, unlawful, unconstitutional, and bear no rational or debatable relation to the public health, safety, morals or general welfare of BOYNTON BEACH, 36, The future land use ~esignation and zoning requested by MILNOR and MICHAEL respectively in the Applications and the development proposed thereunder is consistent with the Comprehensive Plan. The present future land use designation and zoning classification of the Alhambra Parcels by BOYNTON BEACH is not consistent with the Comprehensive Plan; and development of the Alhambra Parcels pursuant to such present land use designation and zoning classification is, in fact, inconsistent with the comprehensive Plan. 37. Pursuant to both the present future land use designation and zoning classification of the Alhambra Parcels and the internal inconsistency of the designation and classification, MILNOR and MICHAEL are in doubt as to their rights under the BOYNTON BEACH Comprehensive Plan and zoning regulations, and their respective legal and equitable rights and privileges are affected, impaired and endangered by the Comprehensive Plan and zoning regulations of BOYNTON BEACH. The failure of BOYNTON BEACH to take legislative action to correct the internal inconsistencies of the present future land use designation and zoning classification further places MILNOR and MICHAEL in doubt as to their rights under the BOYNTON BEACH Comprehensive Plan and zoning regulations and their respective legal and equitable rights and privileges. MILNOR and MICHAEL challenge the constitutionality, both facially and as applied, and the validity of the present existing designations and classifications and are entitled to have this Court, by a declaratory decree, construe and determine the invalidity, illegality and unconstitutionality of such designations and classifications, by a Declaratory Decree, and to adjudicate and determine the future land use designation and zoning of the Alhambra Parcels. Further, MILNOR and MICHAEL challenge the constitutionality, validity and legality of the refusal of BOYNTON BEACH to amend the designation and rezone the Alhambra Parcels as set forth in the Application. MILNOR and MICHAEL are entitled to have this Court, by a declaratory decree, construe and determine whether the Applications should have and ought to be granted by BOYNTON BEACH and to adjudicate and determine the future land use designation and zoning of the Alhambra Parcels as set forth in the Application. WHEREFORE, MILNOR and MICHAEL request a Declaratory Judgment designating the Alhambra Parcels on the future land use element of the Comprehensive Plan as requested in the Applications, and zoning the Alhambra Parcels as requested in Applications; and award of court costs and attorney's fees and such other relief as this Court may deem just and proper. COUNT III INJUNCTION 38, This is an action for permanent injunctive relief. 39. MILNOR and MICHAEL reallege each and every allegation set forth in paragraphs 1 through and including 37, above. 40. The present designation of the Alhambra Parcels on the future land use element of the Comprehensive Plan and the present zoning of the Alhambra Parcels, and the refusal of BOYNTON BEACH to redesignate and rezone are arbitrary, capricious, illegal, unconstitutional, confiscatory and discriminatory, 41. MILNOR and MICHAEL have no adequate remedy at law and invoke the aid of equity to preserve and protect their property rights and to protect their rights and privileges under the BOYNTON BEACH Comprehensive Plan and zoning regulations from the unlawful and unconstitutional acts of BOYNTON BEACH. WHEREFORE, MILNOR and MICHAEL request a permanent injunction ordering and directing BOYNTON BEACH to amend the designation of the Alhambra Parcels on the future land use element of the Comprehensive Plan as requested in the Applications, and to rezone the Alhambra Parcels as requested in the Application, and such other and further relief as the Court may deem just and proper, including an award of court costs and attorney's fees. COUNT IV DAMAGES 42. This is an action for damages. 43. The allegations set forth in paragraphs I through 41 are realleged herein. 44. The present future land use designation of the Alhambra Parcels on the BOYNTON BEACH Comprehensive Plan and the present zoning classification of the Alhambra Parcels deprive MILNOR and MICHAEL of any and all reasonable use of the Alhambra Parcels. 45, The refusal of BOYNTON BEACH to redesignate and rezone the Alhambra Parcels is an arbitrary, capricious, illegal, unconstitutional, confiscatory and discriminatory act of BOYNTON BEACH. 46, BOYNTON BEACH has redesignated and rezoned parcels along the Congress Avenue corridor similar to the Alhambra Parcels and is, therefore, treating similar properties with similar characteristics in dissimilar fashions. Such discrimination in the use of BOYNTON BEACH's comprehensive planning and zoning powers is arbitrary, capricious, illegal, unconstitutional, confiscatory and discriminatory. WHEREFORE, MILNOR and MICHAEL request an award of compensatory damages each in excess of $5,000,000.00, their respective court costs and attorneys fees, and such other relief as the Court may deem just and proper. LAW OFFICES OF ROBERT A, EISEN, PA Attorneys for Plaintiff 4700 Northwest Boca Raton Blvd, suite l03 Boca Raton, Florida 33431 (407) 994-2090 Florida Bar No. 180136 ~vlL- BY: ESQUIRE plead/pldmcfj t EXHIBIT "A" ALHAMBRA SOUARE NORTH A parcel of land in section 32, Township 45 City of Boynton Beach, Florida, Palm particularly described as follows: South, Range 43 East, Beach County, more The East 460 feet of the West 510 feet of the North 380 feet of the South 420 feet of the Northwest 1/4 of Section 32, Township 45 South, Range 43 East, City of Boynton Beach, County of Palm Beach, Florida, less and except lands described in Official Records Book 5402, Page 670, r -, - EXHIBIT "B" ALHAMBRA SQUARE SOUTH' The west 500 feet of the following described property: Lot 16, Block 16, GOLF VIEW HARBOUR 2ND SECTION, according to the Plat thereof, as recorded in Plat Book 27, Pages 46 and 47, and Tracts 2, 3, and 4 GOLF VIEW HARBOUR 3RD SECTION, according to the Plat thereof, as recorded in Plat Book 30, Page 119 and l20, Public Records of Palm Beach county, Florida. , ' I - EXHIBlT "c" AI,HANBRA SQUARE ACI,P The East 590 feet of the following described property: Lot l6, Block l6, GOLF VIEW HARBOUR 2ND SECTION, according to the Plat thereof, as recorded in Plat Book 27, Pages 46 and 47, and Tracts 2, 3, and 4 GOLF VIEW HARBOUR 3RD SECTION, according to the Plat thereof, as recorded in Plat Book 30, Page 119 and 120, Public Records of Palm Beach County, Florida. , . EXHIBIT "D" I i I i I I I ~ I ; j I i a ~ ( I I: ! " I , ~' s,,~lLV,EB~'~-,,' EmT, ES" " " , !', \,,' . " @, " , : I-.J:'" : J--I:, APPLICANT. AGENT. OWNER. PROJECT NAME. PROPOSED USE, LOCATION, ' REQUEST, APPLICANT, AGENT. OWNER, PROJECT NAME, PROPOSED USE, LOCATION. REQUEST. APPLICANT. AGENT. OWNER, PROJECT NAME. PROPOSED USE, LOCATION, REQUEST. < . , , APPLICATION NO, 1 Milnor Corporation Charles Putman & Associates, Inc, Milnor Corporation Alhambra Square North Professional/ Medical Office Complex South Congress Avenue ot Golf Road, Northeast Corner AMEND THE FUTURE LAND From'Moderaie Density Residential USE PLAN CONTAINED IN THE COMPREHENSIVE PLAN To-Office 'Commercial REZONE. From - R 1 AA (PUD) (Single-Family Residential) To - Cl (Office/Professional) APPLICATION NO, 2 ..'--~- Norman J. Michael Charles Putman & Associates, Inc. Norman & Elishka Michael Alhambra Square South Professional/Medical Office Complex South Congress Avenue at Golf Road, southeast corner AMEND THE FUTURE LAND USE PLAN From-Low Density Residential CONTAINED IN THE COMPREHENSIVE PLAN Ta.Office Commercial REZONE. From - R1AA (Single.Family Residential) To - CI (Office/Professional) APPlICA nON NO, 3 Norman J, Michael Charles Putman & Associates, Inc. Norman & Elishka Michael Alhambra Square ACLF Adult Congregate living Facility (AClF) Golf Rood at S.W. 13th Street, southwest corner AMEND THE FUTURE From-Low Density Residential LAND USE PLAN CONTAINED IN THE COMPREHENSIVE PLAN To-High Density Residential REZONE. From - R1AA (Single-Family Residential) To - R3 (Multi-Family Residential) - 'v'"" t:..-" "4,Y [> C' I C c: c: ~i":j . .,' --=:3' .' ,_ ':. , .' ,..,: v' " ., .' -1' ," " ,I, ii: ,. " ", 'J.: 1-' 1/': . ,j , ., " ., ::: " " . ";j , . '.> ., ,'. . '. . : ~ .... ~, " '~." :..~ ::.. " ~, ." f, ...."1 . :' 'I.' 't 1:: ~ . ,. .: t:. : , .~.; .". ;~ ',- T " ' >1 . .'1: .,', V ,~. .'{. . ~.. ., -:1