The Arches
DEVELOPMENT ORDER OF THE CITY COMMISSION OF THE
CITY OF BOYNTON BEACH, FLORIDA
Development
paz
Building
Engineering
Occ. License
Deputy City Clerk
PROJECT NAME: The Arches
AGENT: Bonnie Miskel and Kim Glas-Castro with Ruden McClosky
222 lakeview Avenue, Suite 800 West Palm Beach, Fl 33401
AGENTS ADDRESS:
September 6,2005
DATE OF HEARING RATIFICATION BEFORE CITY COMMISSION:
TYPE OF RELIEF SOUGHT: Request Major Site Plan Modification approval to construct a mixed-use
development consisting of 378 dwelling units and 40,596 square feet of retail
on a 4.688-acre parcel zoned MU-H Mixed Use-High.
lOCATION OF PROPERTY: Southwest corner of the intersection of Federal Highway and East Ocean
Avenue
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 Community Redevelopment Agency 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 a manner consistent with the
requirements of the City's land Development Regulations.
2.
The APPlxant
HAS
_ HAS NOT
established by substantial competent evidence a basis for the relief requested.
3.
The conditions for development requested by the Applicant, administrative staff, or suggested
by the public and supported by substantial competent evidence are as set forth on Exhibit "C"
with notation "Included".
4.
The Applicant's application for relief is hereby
-4 GRANTED subject to the conditions referenced in paragraph 3 hereof.
DENIED
5.
This Order shall take effect immediately upon issuance by the City Clerk.
6.
All further development on the property shall be made in accordance with the terms and
conditions of this order.
7.
Other
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THE ARCHES AT BOYNTON BEACH
BOUNDARY AND TOPOGRAPHIC SURVEY
ORIGINAL TOWN OF BOYNTON
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EXHIBIT B
EXHIBIT "C"
Conditions of Approval
Project name: Arches
File number: MSPM 05-008
Reference: 2nd review plans identified as a Maior Site Plan Modification with a August 2, 2005 Planning and
Zoning Department date stamp marking.
DEPARTMENTS INCLUDE REJECT
PUBLIC WORKS - General
Comments: None X
PUBLIC WORKS - Traffic
Comments: None X
ENGINEERING DIVISION
Comments:
1. At the time of permitting, show sight triangles on the Landscape Plans (LDR, X
Chapter 7.5, Article II, Section 5.H.) Reference FDOT Standard Index 546
for the sight triangles along Federal Highway. Use 25 foot sight triangles for
all other driveways and intersections.
2. Please provide information on the proposed abandonment of SE 151 A venue (a X
40-foot R/W) and/or SE 151 Place (a 20-foot alley). Existing utilities servicing
this quadrant are located in both of these roadways; any proposed re-route
must be adequate and hydraulically workable. Please demonstrate this for all
support utilities including gas main re-route, electric and telephone.
3. Full drainage plans, including drainage calculations, in accordance with the X
LDR, Chapter 6, Article N, Section 5 will be required at the time of
permitting.
4. Remove Yard Drain (YD) 23 and 24 and relocate YD manhole to be X
perpendicular to the east-west l8-inch Reinforced Concrete Pipe (RCP) at the
main entrance off Federal Highway.
5. Provide drainage calculations showing that the first !t2 inch is being "pre- X
treated" on site and showing how the hydraulic load complies with the
Downtown Master Stormwater Plan.
6. Paving, Drainage and Site details will not be reviewed for construction X
acceptability at this time. All engineering construction details shall be in
accordance with the applicable 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,
UTILITIES
COA
08/05/05
2
DEPARTMENTS INCLUDE REJECT
Comments:
7. Palm Beach County Health Department permits will be required for the water X
and sewer systems serving this project (CODE, Section 26-12),
8. Fire flow calculations will be required demonstrating the City Code X
requirement of 3,000 g.p.m. with 20 p.sj. residual pressure as stated in the
LDR, Chapter 6, Article IV, Section 16, or the requirement imposed by
insurance underwriters, whichever is greater (CODE, Section 26-16(b)).
9. 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 seven (7) days of site plan
approval, whichever occurs first. This fee will be determined based upon
final meter size, or expected demand. Please note the reservation fee for the
prior extension is past due and must still be paid in arrears back to January
2005.
10. 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
engineering drawings, using a minimum width of 12 feet. These include
those utility lines shown between building structures offset and parallel to old
SE 1 sl A venue. The easements shall be dedicated via separate instrument to
the City as stated in CODE Sec. 26-33(a).
11. This office will not require surety for installation of the water and sewer X
utilities, on condition that the systems be fully completed, and given to the
City Utilities Department before the first permanent meter is set. Note that
setting of a permanent water meter is a prerequisite to obtaining the
Certificate of Occupancy.
12, 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.
13. Water meter and SIzes are not shown. Please provide engmeenng X
calculations, or any explanation of the service lines and tentative meter sizes
required for this project.
14. Appropriate backflow preventer(s) will be required on the domestic water X
service to the building, and the fire sprinkler line if there is one, in accordance
with the CODE, Section 26-207.
15. Utility construction details will not be reviewed for construction acceptability X
at this time. All utility construction details shall be in accordance with the
Utilities Department's "Utilities Engineering Design Handbook and
Construction Standards" manual (including any updates); they will be
reviewed at the time of construction pennit application.
COA
08/05/05
3
DEPARTMENTS INCLUDE REJECT
FIRE
Comments: None X
POLICE
Comments: None X
BUILDING DIVISION
Comments:
16. At the time of permitting, indicate within the site data the occupancy type of X
each building as defined in 2001 FBC, Chapter 3.
17. Every exterior wall within 15 feet of a property line shall be equipped with X
approved opening protectives per 2001 FBC, Section 705.1.1.2.
18. 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.
19. Every building and structure shall be of sufficient strength to support the X
loads and forces encountered per the 200 I FBC, Section 1601.2.1 and Table
1604.1. Indicate the live load (psf) on the plans for the building design.
20. Buildings three-stories or higher shall be equipped with an automatic X
sprinkler system per F.S. 553.895. Fire protection plans and hydraulic
calculations shall be included with the building plans at the time of permit
application.
21. At time of permit review, submit signed and sealed working drawings of the X
proposed construction.
22. Add to each building and tenant space that is depicted on the drawing titled X
site plan and floor plan a labeled symbol that identifies the location of the
handicap accessible entrance doors to each building and tenant space. 2001
FBC, Sections 11-4.1.2, 11-4.1.3, and 11-4.3.
23. At the time of permit review, submit details of reinforcement of walls for the X
future installation of grab bars as required by the Federal Fair Housing Act
Title 24 CFR, Part 100.205, Section 3, Requirement #6. All bathrooms within
the covered dwelling unit shall comply.
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24. Bathrooms and kitchens in the covered dwelling units shall comply with the X
Federal Fair Housing Act 24 CFR 100.205. Indicate on the plans which
design specification ("A" or "B") of the Fair Housing Act is being used. The
clear floor space at fixtures and appliances and turning diameters shall be
clearly shown on the plans.
25. If an accessible route has less than 60 inches clear width, then passing spaces X
at least 60 inches by 60 inches shall be located at reasonable intervals not to
exceed 200 feet. A "T"-intersection of two corridors or walks is an acceptable
passing place. 2001 FBC, Section 11-4.3.4.
26. 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."
27. To properly determine the impact fees that will be assessed for the pool X
building, provide the following:
. Will the pool building be restricted to the residents of the entire project only?
. Will the residents have to cross any major roads or thoroughfares to get to
the pool building?
. Will there be any additional deliveries to the site?
. Will there be any additional employees to maintain and provide service to the
site?
Please have the applicant provide the City with a copy of the letter that
will be sent to the impact fee coordinator. To allow for an efficient
permit review, the applicant should request that the County send the
City a copy of their determination of what impact fees are required for
the pool building/lease office.
28. CBBCPP 3.C.3.4 requires the conservation of potable water. City water may X
not, therefore, be used for landscape irrigation where other sources are readily
available.
29. 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.
30, 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
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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.
· 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)
31. 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 Y, Section 3(t))
32. Pursuant to approval by the City Commission and all other outside agencies, X
the plans for this project must be submitted to the Building Division for
review at the time of permit application submittal. The plans must incorporate
all the conditions of approval as listed in the development order and approved
by the City Commission.
33. The full address of the project shall be submitted with the construction X
documents at the time of permit application submittal. If the project is multi-
family, then all addresses for the particular building type shall be submitted.
The name of the project as it appears on the Development Order must be
noted on the building permit application at the time of application submittal.
34. Add to the floor plan drawings of the individual units a breakdown of the area X
within the unit. The area breakdowns for each unit shall specify the total area
of the unit, area of the balcony, total area that is air-conditioned and, where
applicable, total area of storage and garage space. If the garage and storage
areas are not part of a specific unit, the area shall be included and identified
within the area of the building. Indicate how many of each type of unit will be
on each floor and within the building.
35. This structure meets the definition of a threshold building per F.S. 553.71(7) X
and shall comply with the requirements ofF.S. 553.79 and the CBBA to the
2001 FBC, Sections 105.3.1 through 105.3.6. The following information
must be submitted at the time of permit application:
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The structural inspection plan must be submitted to the enforcing
agency prior to the issuance of a building permit for the construction of
a threshold building.
All shoring and re-shoring procedures, plans and details shall be
submitted.
All plans for the building that are required to be signed and sealed by
the architect or engineers of record shall contain a statement that, to
the best of the architect's or engineer's knowledge, the plans and
specifications comply with the applicable fire safety standards as
determined by the local authority in accordance with this section
and F.S. Section 633.
36. This project is located within the Downtown Stormwater Improvement X
Watershed. Therefore, appropriate fees must be paid to the City of Boynton
Beach Utilities Department prior to the issuance of a building permit per the
CBBCO, Chapter 26, Section 26-406. Proof of payment shall be submitted to
the Building Division at the time of permit application submittal.
37. At the time of permitting, an elevator shall be installed in the parking X
structure as required by Florida Statute 399.035(2) and the Florida Building
Code sections 11-4.1.3(5) and 3003.4.1.
38. Van accessible parking spaces are required in the parking garages. One in X
every eight accessible spaces in the garages shall be van-accessible and
comply with the 2001 FBC, Section 11-4.1.2(5)(b), 11-4.6.3 and 11-4.6.5.
PARKS AND RECREATION
Comments:
39. At the time of permitting, the developer shall provide a list of on-site trees X
(earmarked for removal/relocation) to the Parks and Recreation Division.
The Division will use this list to identifY those trees eligible for relocation to a
city park. However, it must be noted that not all the trees and palms can be
used by Recreation and Parks. In any case, the developer must root prune the
trees according to industry standards in advance of transplanting. In addition,
the developer must be responsible for relocating the trees and palms to the
locations determined by Recreation and Parks. The developer must water the
trees and palms for a period of 90 days or until irrigation can be installed.
40. Recreation Impact Fee as follows: X
378 multi-family units @ $656.00 each = 247,968.00
Impact Fee due prior to issuance of first permit.
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FORESTER/ENVIRONMENTALIST
Comments: None X
PLANNING AND ZONING
Comments:
41. Approval of this project is contingent upon the approval of the corresponding X
request to rezone from CBD to MU-H (LUAR 05-008). Indicate as such on
the site plan tabular data at the time of permitting. The MU-H zoning district
allows for up to 80 dwelling units per acre and the total number of allowable
units directly corresponds to the project acreage. Therefore, at the time of
permitting, revise the plans so that the number of units does not exceed the
maximum allowable density.
42. Approval of this project is contingent upon the approval of the corresponding X
request for a height exception (HTEX 05-006). Indicate as such on the site
plan tabular data at the time of permitting.
43. Approval of the site plan (as proposed) is contingent upon the successful X
abandonment (ABAN 05-004) of Southeast 151 A venue, and (ABAN 05-005)
Southeast 151 Place. Staff does not support the sidewalk abandonment
(ABAN 05-006) which would reduce the project area by 0.221 acres, thereby
reducing the density by 18 dwelling units.
44. In addition to the current survey, submit an updated boundary survey showing X
the inclusion of Southeast 151 A venue into the boundaries of the subject
property. Staff will use this area in conjunction with the private lands to
confirm total project acreage, proposed density, and building setbacks. The
total project acreage should match the site plan tabular data, Provide the
break-down of project acreage for each area surveyed to confirm the total land
area as indicated in the site plan tabular data. The buildings can be setback
no further than 15 feet, unless a public gathering space (such as the one
proposed at northeast comer of the property) is provided,
45. The Palm Beach County Traffic Division detennined that the proposed mixed-use X
project is located within the designated Boynton Beach Traffic Concurrency
Exception Area (TCEA), and therefore meets the Traffic Performance Standards
(TPS) of Palm Beach County. However, no building permits are to be issued by the
city after the build-out date (2010). The County traffic concurrency approval is
subiect to the Project Ag,gregation Rules set forth in the TPS Ordinance.
46. Because there are multiple lots, a unity of title will be required to join the lots X
together. A unit of title shall be executed prior to the issuance of a building
permit.
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47. The meeting rooms proposed on the ground floor is an accessory use to the
residential portion of the project and shaH not be utilized for commercial
purposes unless accounted as such in the project's required parking
methodolo .
INCLUDE
X
REJECT
48. The project's proposed uses and their required parking is inconsistent between the plans. Therefore, at
the time of permitting, the site plan tabular data should accurately indicate the number of required parking
spaces in the format shows below. Staff understands the required parking would be as follows:
Proposed Use
Required
Parkin
320
230
203
753
Net Difference
Provided
Parkin
769
8
777
+24
9
X
49. At the time of permitting, aH elevation pages shaH indicate the exterior X
finishes, roof material, paint manufacturer's name, and color codes, Staff
recommends using a color schedule (Chapter 4, Section 7.D.). This would
include the 001 avilion as well.
50, At the time of permitting, indicate the height dimension of the tunnel opening X
as shown on the Federal Hi wa elevations and the SE 4th Street elevations.
51. At the time of permitting, obtain consent from the Engineering Division of X
Public Works and / or Florida Department of Transportation (FDOT) for all
plant material proposed outside the property line and within the public right-
of-way. These trees / plants cannot be included within the plant list. Provide
a separate plant list that indicates quantity and species of plant material
ro osed within the ri ts-of-wa.
52. At the time of permitting, the landscaping proposed at main project entrances X
shaH contain a signature tree at both sides of the entrance (Chapter 7.5,
Article II, Section 5.N.), A signature tree is a tree with blossoms or natural
color other than green intended to beautify project entrances and contribute to
the city's image with this element of aesthetic conformity. Signatures trees
include Yellow Elder, Tibouchina Granulosa, and Bougainvillea. Note that
signature trees do not contribute toward the total number of required
erimeter trees Cha ter 7.5, Article 2, Section 5.N. .
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53. At the time of permitting, categorize the plant material into the following: X
Canopy trees, palm trees, and shrubs / groundcover.
54. At the time of permitting, fifty percent (50%) of all site landscape materials X
must be native species (Chapter 7.5, Article II, Section 5.P). Please
categorize as follows: Canopy trees, Palm trees, Shrubs & Groundcover.
55. The sixth floor recreation deck contains plant material. The pervious surface X
of the sixth floor deck cannot count towards the site plan's minimum pervious
area. Therefore, at the time of permitting, the landscape plan's tabular data
shall indicate the exact locations from where the pervious surface statistics
were derived. The MU-H zoning districts requires that a minimum of 15% of
the site shall be of pervious surface (Chapter 2, Section 5.F.5).
56. At the time of permitting, place a note on the site plan (sheet 1 of 12) that X
sidewalks shall be Hollandstone pavers, red / charcoal color mix by Paver
Systems Inc. or equal, laid in a 45 herringbone pattern to continue the design
elements in place along Federal Highway (Chapter 2, Section 5.F.8.d.(2).
57. The typical drawing of proposed freestanding outdoor lighting poles shall X
indicate that the interior poles will be painted black and the exterior (along
the rights-of-way) shall be painted to match the existing poles along Ocean
Avenue.
58. At the time of permitting, submit a master sign program that shows the X
number, location, dimensions, exterior finish, and color(s) of all SIgnS
(Chapter 2, Section 5.H.9.). The sign program would address all types of
SIgnS, including commercial wall SIgnS, identification signs, residential
subdivision signs, freestanding monument signs, canopy signs, way-finding
signs, directional signs, and all other signs as regulated by Chapter 21 of the
Land Development Regulations.
59. The subject site is located along Palm Tran Bus Route 1. Staff recommends X
that the bus-stop be substantial and attractive, possibly constructed within the
build-to area of the subject property.
60. The landscape plan shows two (2) Royal Palm trees are proposed at the X
southeast comer of the property. Staff recommends installing tall growing
trees into the design of the public plazas at each comer of the subject
property. The trees should be of substantial size, in order to immediately help
break up the building mass. The proposed Royal palm trees (12 feet of gray
wood) are small in comparison with a 150-foot tall building,
61, At the time of permitting, staff recommends incorporating benches into the X
design of the public plaza proposed at the major comers of the subject
property.
62. Regarding the tunnel opening proposed interior to the project but visible from X
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Federal Highway - staff recommends "rounding" the opening so that it looks
more like an archway rather than a square tunnel. Also, decorative molding
and cornice work would really enhance its appearance. These same treatments
should be provided for SE 4th and SE 2nd as well.
63. Staff applauds the developer for proposing a fountain at the northeast comer X
of the property. However, the fountain on the landscape plan depicts it at the
very northeast comer of the parcel. It should be setback so as not to impact
the safe-sight triangle of Ocean A venue and Federal Highway as depicted on
the site plan. Provide detailed drawings of the fountain. Please correct all
plans accordingly.
64. Increase pronnnence of architectural banding components at vertical X
transitions of the project, or improve plan details to show compliance with
draft CRA Urban Design Guidelines (see Section 5, pa!!e 73 of document).
65. Staff recommends elimination of retail/residential loading #5, reconfiguration X
of back of house operations for "retail D", in order that retail loading #4 can
accommodate all of "retail D". Residential loading #6 can then handle
loading needs for building #2. This should enhance the SE 2nd Avenue
building elevations.
66. The site data provided on sheet AOl of 12 does not match that of the site plan X
sheet CE-3. Please verify correct numbers and revise all sheets accordin!!ly.
67. Please provide written permission from BellSouth for the proposed X
construction around their existing in-ground facilities on the site and their
ability to maintain the facilities with your proposed design.
68. Improvements have been made to both the project and plan graphics to show X
compliance with the CRA's design guidelines; however, staff observes room
for continued improvement in the street-level portion of the project. Staff
continues to provide the applicant with the option of providing more
architectural elements to articulate the street level facade, or additional
graphics or plan details to show compliance with the design guidelines.
Additional elements would involve accentuation of the walkway covering,
presence of arcades or similar features, and plinth, tiles or equivalent details.
Staff recommends utilizing awning colors that are more in keeping with the
shades of blue / teal that are characteristic throughout the city's public works
projects.
69. CRA staff recommends the reduction in the size of the public plaza at Ocean X
Avenue and Federal Highway for proper scale with proposed and
recommended additions and activity potential.
70. CRA staff recommends that an interactive fountain be used in the public X
plaza at the comer of Ocean Avenue and Federal Highway. The fountain
should be of significant size to anchor the comer at Ocean Avenue & Federal
Highway.
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71. CRA staff recommends that the public plaza contain a staging area in front of X
the fountain that would accommodate live music and entertainment.
72. CRA staff recommends the addition of raised planters around each Royal X
Palm within the public plaza that will serve as seating areas. Minimum size
should be 6' x 6' x 30" high x 12" deep made of material suitable for seating.
73. CRA staff recommends that the sidewalk at the Federal Highway entrance of X
the project be continued around the motor court to permit safe pedestrian
access.
74. CRA staff recommends that the entrance to the motor court at Federal X
Highway be enhanced with a fountain.
75. CRA staff strongly recommends that the 4th Street frontage have active uses X
such as office or retail. If however, the project is approved without this
condition, the garage openings at all levels of the 4th Street frontage shall have
metal trellis with bougainvillea or an equivalent species.
76. CRA staff recommends that water features be added at the following comers X
to enhance the pedestrian environment:
Southeast 2nd Avenue and Federal Highway
Southeast 2nd Avenue and Southeast 4th Street
Southeast 4th Street and East Ocean Avenue
77. On the site plan, CRA staff notes the lack in clarity regarding patron access X
between the parking garage and the commercial components, and therefore is
recommending that if necessary, modifications be made to optimize these
routes.
COMMUNITY REDEVELOMENT AGENCY BOARD COMMENTS:
Comments:
78. Deletion of conditions #69, #71 and #76. X
79. Changes to condition #70 to remove the requirement for an "interactive" X
fountain.
80. Changes to condition #72 to reduce heights of the raised planters from 30" to X
24".
81. Changes to condition #75 to omit the requirement for office and retail uses X
along 4th Street.
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ADDITIONAL CITY COMMISSION COMMENTS:
Comments:
80, To be determined.
MWRJelj
S:\Planning\SHARED\WP\PROJECTS\ARCHES @ BB\MSPM 05-008\COA.doc