CORRESPONDENCE
113
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STATE OF FLORIDA
DEPARTMENT OF COMMUNITY
JEB BUSH
Governor
"Dedicated to making Florida a better place to call home"
September I, 2004 THADDEUS L. COHEN, AlA
Secretary
'~.':-"i'::7~~~~' --Rl
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Honorable Gerald Taylor
Mayor, City of Boynton Beach
P. O. Box 310
Boynton Beach, FL 33425-0310
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Dear Mayor Taylor:
The Department of Community Affairs (Department) has completed its review of the adopted
Comprehensive Plan Amendment adopted by (Ordinance Nos. 04-012 and 04-014; DCA No. 04Dl) for
the City of Boynton Beach, as adopted on July 6, 2004, and determined that it meets the requirements of
Chapter 163, Part II, Florida Statutes (F.S.), for compliance, as defined in Subsection 163.3184(l)(b), F.S.
The Department is issuing a Notice of Intent to find the plan amendment, In Compliance. The Notice of
Intent has been sent to the PAlM BEACH POST newspaper for publication on September 2, 2004.
The Department's notice of intent to find a plan amendment in compliance shall be deemed to
be a final order if no timely petition challenging the amendment is filed. Any affected person may file a
petition with the agency within 21 days after the publication of the notice of intent pursuant to Section
163.3184(9), F.S. No development orders, or permits for a development, dependent on the amendment
may be issued or commence before the plan amendment takes effect. Please be advised that Section
163.3184(8)(c)2, Florida Statutes, requires a local government that has an internet site to post a copy
of the Department's Notice of Intent on the site within 5 days after receipt of the mailed copy of the
agency's notice of intent.
Please note that a copy of the adopted City of Boynton Beach Comprehensive Plan Amendment,
and the Notice of Intent must be available for public inspection Monday through Friday, except for legal
holidays, during normal business hours, at the City of Boynton Beach, City HaIl, Planning and Zoning
Department, 100 East Boynton Beach Boulevard, Boynton Beach, Florida 33425.
If this in compliance determination is challenged by an affected person, you will have the option
of mediation pursuant to Subsection 163.3189(3)(a), F.S. If you choose to attempt to resolve this matter
through mediation, you must file the request for mediation with the administrative law judge assigned by
the Division of Administrative Hearings. The choice of mediation will not affect the right of any party to
an administrative hearing.
2555 SHUMARD OAK BOULEVARD. TALLAHASSEE, FLORIDA 32399-2100
Phone: 850.488.8466/Suncom 278,8466 FAX: 850,921.0781/Suncom 291.0781
Internet address: http://www.dca.state.fl.us
CRITICAL STATE CONCERN FIELD OFFICE
2796 o.erseas I-ighway, Suite 212
MaraDlon, FL 3305a-2227
(305) 289-2402
COMMUNITY PLANNING
2555 Shumard Oak Boulevard
Tallahassee. FL 32399-2100
(850) 488-2356
EMERGENCY MANAGEMENT HOUSING & COMMUNITY DEVELOPMENT
2555 Shumard Oak Boulevard 2555 Shumard Oak Boulevard
Tallahassee. FL 32399-2100 Tallahassee, FL 32399-2100
(850)413-9969 (850) 488-7956
Honorable Gerald Taylor
September 1, 2004
Page Two
If you have any questions, please contact Ray Eubanks, Administrator, Plan Review and
Processing, at (805) 922-1767.
CGllw
Enclosure: Notice of Intent
cc: Michael Busha, Ex. Director
Treasure Coast Regional Planning Council
Michael Rumpf: Planning & Zoning Director
Sincerely,
CP\~
Charles Gauthier, AICP
Chiet: Comprehensive Planning
.
STATE OF FLORIDA
DEPARTMENT OF COMMUNITY AFFAIRS
NOTICE OF INTENT TO FIND THE
CITY OF BOYNTON BEACH
COMPREHENSIVE PLAN AMENDMENT
IN COMPLIANCE
DOCKET NO. 04DI-NOI-5005-(A)-(I)
The Department gives notice of its intent to find the Amendment to the Comprehensive Plan for
the City of Boynton Beach. adopted by Ordinance Nos. 04-012 and 04-014 on July 6,2004, IN COMPLI-
ANCE, pursuant to Sections 163.3184, 163.3187 and 163.3189, F.S.
The adopted City of Boynton Beach Comprehensive Plan Amendment and the Department's
Objections, Recommendations and Comments Report, (if any), are available for public inspection Monday
through Friday, except for legal holidays, during normal business hours, at the City of Boynton Beach. City
Hall, Plann1ng and Zoning Department, 100 East Boynton Beach Boulevard, Boynton Beach. Florida
33425
Any affected person, as defined in Section 163.3184, F.S., has a right to petition for an admin-
istrative hearing to challenge the proposed agency detennination that the Amendment to the City of
Boynton Beach Comprehensive Plan is In Compliance, as defined in Subsection 163.3184(1), F.S. The
petition must be filed within twenty-one (21) days after publication of this notice, and must include all of
the infonnation and contents descn1>ed in Uniform Rule 28-106.201, F.A.C. The petition must be filed
with the Agency Clerlc, Department of Community Affairs, 2555 Shumard Oak Boulevard, Tallahassee,
Florida 32399-2100, and a copy mailed or delivered to the local government. Failure to timely file a peti-
tion shall constitute a waiver of any right to request an administrative proceeding as a petitiOner under
Sections 120.569 and 120.57, F.S. Ifa petition is filed, the purpose of the administrative hearing will be
to present evidence and testimony and forward a recommended order to the Department. If no petition is
filed, this Notice of Intent sball become final agency action.
If a petition is filed, other affected persons may petition for leave to intervene in the proceeding.
A petition for intervention must be filed at least twenty (20) days before the final hearing and must include
all of the information and contents described in Uniform Rule 28-106.205, F.A. C. A petition for leave to
intervene sball be filed at the Division of Administrative Hearings, Department of Management Services,
1230 Apalachee Parkway, Tallahassee, Florida 32399-3060. Failure to petition to intervene within the
allowed time frame constitutes a waiver of any right such a person has to request a hearing under Sections
120.569 and 120.57, F.S., or to participate in the administrative hearing.
After an administrative hearing petition is timely filed, mediation is available pursuant to Sub-
section 163.3189(3)(a), F.S., to any affected person who is made a party to the proceeding by fiIing that
request with the administrative law judge assigned by the Division of Administrative Hearings. The choice
of mediation shall not affect a party's right to an administrative hearing.
~~~
Charles Gauthier, AICP
Chief of Comprehensive Planning
Division of Community Planning
Department of Community Affirirs
2555 Shumard Oak Boulevard
Tallahassee, Florida 32399-2100
~
.,
~I Ruden
~I McClosky
21 S SOUTH MONROE STREET
SUITE 815
TALLAHASSEE, FLORIDA 32301
(850) 412-2000
FAX: (850) 224-2032
MARGARET -RAY.KEMPER@RUDEN.COM
June 17,2004
Michael W. Rumpf, AICP
Director, Planning and Zoning
100 East Boynton Beach Boulevard
Boynton Beach, Florida 33425-0310
Re: Renaissance Commons, Boynton Town Center, and Boynton Village
Dear Mr. Rumpf:
You have asked our opinion as to whether Boynton Town Center and Boynton Village
(hereafter "Boynton Projects") and Renaissance Commons meet the aggregation criteria set forth
in Section 380.0651(4), Florida Statutes, and in Rule 9J-2.0275, Florida Administrative Code.
Our analysis indicates that the developments do not meet any of the aggregation criteria except
proximity.
Renaissance Commons is north of the C-16 Canal, south of Gateway Boulevard, east of
Congress Avenue, and west of the E-4 Canal and is within the Motorola Development of
Regional Impact ("DR!"). Boynton Village is south of the C-16 Canal, north of Old Boynton
Road, east of Congress Avenue, and west of the E-4 Canal. Renaissance Commons and Boynton
Village are separated by the C-16 Canal. Boynton Town Center is located at the intersection of
Congress Avenue and Old Boynton Road, and its northern and eastern boundaries are adjacent to
Boynton Village.
When as here, one of the developments (Renaissance Commons) is within a DR!, the
aggregation criteria are used in evaluating whether the non-DR! development (Boynton Projects)
should be added to the existing DR! (the Motorola DR!) through the substantial deviation
process.
Developments will be aggregated for DR! purposes if the developments are physically
proximate to one another and are part of a unified plan of development. Renaissance Commons
and the Boynton Projects are physically proximate as that term is defined in the Department of
Community Affairs' aggregation rule (Rule 9J-2.0275, Florida Administrative Code). However,
the developments are not part of a unified plan of development.
TAL:47243:3
RUDEN, McCLOSKY, SMITH, SCHUSTER & RUSSELL, P.A.
CARACAS' FT. LAUDERDALE · MIAMI · NAPLES' ORLANDO' PORT ST. LUCIE . SARASOTA' ST. PETERSBURG' TALLAHASSEE' TAMPA' WEST PALM BEACH
Michael W. Rumpf, AICP
June 17,2004
Page 2
For there to be a unified plan of development, two of the following five criteria must be
met:
I. common ownership, control, or management;
2. a reasonable closeness in time between the completion of 80% or less of one
development and the submission to a reviewing or permitting authority of plans or
drawings for the other development indicating a common development effort;
3. the submission of a master plan showing the entire development area to a
reviewing or permitting authority, as for example, in a plat or permit application;
4. the voluntary sharing of infrastructure; or
5. a common advertising scheme or promotional plan.
Common ownership will not be found unless the same person or entity has an interest or
an option to obtain an interest of more than twenty-five percent (25%) in each development or
has a leasehold estate of more than 30 years.
The voluntary sharing of infrastructure will not be found if the infrastructure at issue is
required to be shared by the local government or a permitting agency. Public recreational
facilities or parks and publicly financed stormwater management, water facilities, and sewer
facilities are also not considered shared infrastructure for purposes of aggregation.
Renaissance Commons is owned by Compson Associates of Boynton, LLC and Compson
Associates of Boynton II, LLC. James Comparato is the manager of both entities and has the
ability to control the development of Renaissance Commons.
Boynton Village and Boynton Town Center are being developed on what is known as
Winchester site. Boynton Village is being acquired by 1950 Congress Avenue, LLC. Boynton
Town Center is being acquired by Boynton Beach Place, LLC. James Comparato has a twenty
percent (20%) interest and Carl E. Klepper, Jr. has a five percent (5%) interest in each of those
companies with the remaining seventy-five percent (75%) being owned by The Sembler
Company. The Sembler Company will manage the Boynton Projects and so will control their
development. The Sembler Company does not have any ownership or leasehold interest in
Renaissance Commons nor does it have an option to acquire all or a portion of Renaissance
Commons or manage or control Renaissance Commons. (As noted above, James Comparato
manages the entities which own Renaissance Commons.) Except for James Comparato and Carl
E. Klepper, Jr., none of the entities or individuals with an interest in Renaissance Commons has
any ownership or leasehold interest in the Boynton Projects or an option to acquire all or a
portion of the Boynton Projects.
TAl:47243:3
,
Michael W. Rumpf, AICP
June 17,2004
Page 3
Because James Comparato does not manage the Boynton Projects and his interest in the
Boynton Projects does not exceed twenty-five percent (25%) and because none of the other
entities which own one development has any interest in the other development, Renaissance
Commons and the Boynton Projects are not commonly owned, managed, or controlled.
Renaissance Commons and the Boynton Projects will be developed as totally separate
and distinct developments. There is no master plan or common plan of development for the
properties, and no master plan or drawing which includes the three developments has been
submitted to the City or to a permitting agency. While the properties will be developed
concurrently, the reasonable closeness in time criterion is not met as that criterion requires the
submittal to a governmental agency of a master plan indicative of a common plan of
development. As noted above, no such plan has been submitted.
Different surface water management systems will serve Renaissance Commons and the
Boynton Projects, and the drainage facilities of one development will not be shared by the other.
Access to Renaissance Commons will be provided via entry points along Congress Avenue and
Gateway Boulevard, both of which are public roads. Access to the Boynton Projects will be
provided via Congress Avenue and Old Boynton Road, which is also a public road. Water and
wastewater service to the developments will be provided by the City. Electric service to the
developments will be provided by Florida Power and Light.
The only infrastructure which will be shared by Renaissance Commons and the Boynton
Projects is a north-south road which will cross the C-16 Canal and connect Old Boynton Road
and Gateway Boulevard. The City has mandated that a bridge across the C-16 Canal be provided
so that the north-south road will afford an alternative to and relieve some traffic from Congress
Avenue. Because the City has mandated that the bridge across the C-16 Canal be' constructed,
the north-south road does not constitute the voluntary sharing of infrastructure.
Finally, there will not be a common advertising scheme or promotional plan for
Renaissance Commons and the Boynton Projects.
In conclusion, the Boynton Projects and Renaissance Common do not meet any of the
aggregation criteria which are indicative of a common plan of development, and the Boynton
Projects do not have to be added to the Motorola DR! through the substantial deviation process.
If you have any questions or wish additional information, please call me.
Sincerely,
Margaret-Ray Kemper
cc: James ComoaratcRUDEN, McCLOSKY, SMITH, SCHUSTER & RUSSELL, P.A.
TAL:4m~ . FT. LAUDERDALE. MIAMI. NAPLES. ORLANDO. PORT ST. LUCIE. SARASOTA' ST. PETERSBURG. TALLAHASSEE' TAMPA' WEST PALM BEACH
RUDEN, McCLOSKY, SMITH, SCHUSTER & RUSSELL, P.A.
CARACAS' FT. LAUDERDALE' MIAMI' NAPLES' ORLANDO' PORT ST.lUCIE · SARASOTA' ST. PETERSBURG' TALLAHASSEE' TAMPA. WEST PALM BEACH
~ Ruden
~~I McClosky
222 LAKE VIEW AVE NUE
SUITE 800
WEST PALM BEACH, FLORIDA 33401-6112
(561) 838-4542
FAX: (561) 514-3442
KIM.GLASCASTRQ@RUDEN,COM
5/7/2004
BOYNTON TOWN CENTER I
Comprehensive Plan Amendment and Rezoning
Comprehensive Plan Amendment (Land Use Change)
LOCAL RETAIL COMMERCIAL CATEGORY:
Boynton Beach Place, LLC, (the "Applicant") is requesting amendments to the Boynton
Beach Comprehensive Plan in conjunction with the proposal of a new commercial center on 25
acres across from the Boynton Beach Mall.
The Applicant desires to change the land use on approximately 25-acres to a commercial
land use category that facilitate a major retail anchor to draw upon the retail market that is
already established within the Congress A venue corridor.
The Applicant proposes to change the land use designation of the 25-acres located at the
comer of Congress Avenue and Old Boynton Road from Moderate Density Residential (up to
7.26 du/ac) to the Local Retail Commercial land use designation.
The proposed commercial uses will be designed with complimentary architectural style
and features to abutting uses.
Rezoning
REZONING TO COMMUNITY COMMERCIAL (C-3)
The Applicant is requesting rezoning of:t 25 acres of the subject property to the C-3
district. A site plan for Boynton Town Center I will be submitted for subsequent approval.
Consistent with the criteria contained in Section 9.C.2. of the Zoning regulations, the
Applicant offers the following for the City's consideration:
a. Whether the proposed rezoning would be consistent with applicable comprehensive
plan policies. The proposed rezoning to C-3 is consistent with the proposed land use
WPB:175501 :8
RUDEN, McCLOSKY, SMITH, SCHUSTER & RUSSELL, P.A.
CARACAS - FT.lAUDERDALE - MIM11- NAPLES - PORT ST.lUClE - SARASOTA- ST. PETERSBURG. TALLAHASSEE - TAMPA -WEST PALM BEACH
Page 2
designation of Local Retail Commercial (being concurrently processed). Rezoning to C-
3 will enable a major retailer to be established on the Property.
b. Whether the proposed rezoning would be contrary to the established land use pattern,
or would create an isolated district unrelated to adjacent and nearby districts, or would
constitute a grant of special privilege to an individual property owner as contrasted
with the protection of the public welfare. Rezoning to C-3 will promote efficient use of
the subject property. The subject property's size and location presents ideal
characteristics for a major retail store that will be a viable operation in an established
retail and service market area. The proposed commercial uses will complement the
Congress Avenue corridor. Uses and buildings will complement one another,
internally, as well as with adjacent properties' improvements. The proposed C-3
district is consistent with the zoning of other commercial properties along the Congress
Avenue corridor.
c. Whether changed or changing conditions make the proposed rezoning desirable. The
subject property is currently underutilized as an agricultural operation. The RIM
zoning allows single family residential up to 5.4 units per acre. Rezoning to
commercial will allow flexibility in uses and building design (i.e., maximum building
footprint) that cannot be accomplished under the SMU district. This flexibility will
allow major commercial users to occupy the visible comer tract and attract passerby
traffic, in addition to its own consumers.
d. Whether the proposed rezoning would be compatible with utility systems, roadways,
and other public facilities. The proposed rezoning and resulting development project
will not negatively impact public facilities and services. The proposed development
will meet the adopted level of service standards established pursuant to the City's
concurrency management system. A traffic study is being submitted as part of the
request to document the proposed mixed use project's impact on the surrounding
roadway network.
e. Whether the proposed rezoning would be compatible with the current and future use of
adjacent and nearby properties, or would affect the property values of adjacent and
nearby properties. The proposed rezoning to C-3 is compatible with adjacent uses:
SMU to the north (proposed for the balance of the subject property, and for Renaissance
Commons); C-3 south and west; and RIM to the east. The subject property fronts
roadways on its south and west sides. The buildings, uses and architectural elements
that will be utilized along the site's perimeters will be harmonious with and
complement existing buildings and uses on neighboring properties. Landscape buffers
will enhance overall aesthetics of the project and promote compatibility between the
subject property and other properties.
WPB:175501:8
RUDEN, McCLOSKY, SMITH, SCHUSTER & RUSSELL, P.A.
CARACAS - FT.lAUDERDAlE - MIAMI- NAPLES - PORT ST.lUClE - SARASOTA- ST, PETERSBURG - TAllAHASSEE - TAMPA -WEST PALM BEACH
Boynton Beach
Page 1 of 1
Matras, Hanna
From: tim.stillings@kimley-horn.com
Sent: Tuesday, June 15, 2004 4: 11 PM
To: MatrasH@cLboynton-beach.fl.us
Cc: Jason.Matson@kimley-horn.com
Subject: Boynton Beach
Hanna,
Per our conversation today regarding prices per parking space, please consider the following:
. For structured parking, the range is $8,000 to $10,000 per parking space
This does not include any land acquisition costs or costs related to special conditions due to site issues and
implies basic architectural treatment. The general layout of the structure may also affect the cost, Le. the more
efficient the structure is regarding ramps and decks the lower cost it is to construct. The upper range of the
estimate may include design costs associated with the structure.
Also, these estimates are based upon historic information. The cost of steel and concrete continue to rise
rapidly and show no signs of leveling off which will impact the future cost of structures including garages. For
example, the City of Delray is planning a parking structure today and is adding 2% per month to the final cost
until they bid the project to cover these material cost increases.
. For surface parking, the range is $2,500 to 3,000 per parking space
This figure is dependent on grading costs and other site issues.
If the City is considering revising the payment in lieu of fee, I strongly urge that the fee is for structured parking
and that the City consider a clause that the actual cost per space shall be negotiated at the time of the
payment in lieu of, based upon prevailing costs for materials, etc.
I hope this helps. If you need any additional information, please let me know.
Tim
Timothy Stillings, AICP
Kimlex-Horn and Associates, Inc.
4431 Embarcadero Drive
West Palm Beach, Florida 33407
T561-840-0853
F 561-882-0199
tim.stillings@kimley-horn.com
<<Timothy Stillings (tim .stillings@kimley-horn.com).vcf>>
6/1512004
TO:
FROM:
THROUGH:
DATE:
PROJECT NAME/NUMBER:
REQUEST:
DEVELOPMENT DEPARTMENT
PLANNING & ZONING DIVISION
MEMORANDUM NO. PZ 04-138
Chairman and Members
Planning and Development Board and City Commission
Dick Hudson, AICP
Senior Planner
Michael W. Rumpf
Director of Planning and Zoning
June 14, 2004
Boynton Town Center I (LUAR 04-007)
Amend the future land use designation from Moderate Density
Residentail (MoDR) at 7 to Local Retail Commercial and rezone
from R-1-AA Single-family Residential to C-3 Community
Commercial.
Property Owner:
Applicant/Agent:
Location:
Parcel Size:
Existing Land Use:
Existing Zoning:
Proposed Land Use:
Proposed Zoning:
Proposed Use:
PROJECT DESCRIPTION
Klatt Family Limited Partnership 1 and Klatt Enterprises, Inc.
Boynton Beach Place, LLC/Kim Glas-Castro of Ruden, McClosky, et
al.
Northeast corner of the intersection of Congress Avenue and Old
Boynton Road. (Exhibit "A")
25 acres
Moderate Density Residential (MoDR) at 7.26 dwelling units per
acre
R-1-AA Single-family Residential
Local Retail Commercail
C-3 Community Commercial
Commercial retail development
Page 3
f Whether the property is physically and economically developable under the existing
zoning. Currently zoned as RIAA, the property sits underutilized. Rezoning to C-3 will
enable an economically viable, timely development project to be developed on the site.
The proposed commercial uses will compliment the adjacent residential use with
personal and retail services and employment opportunities.
g. Whether the proposed rezoning is of a scale which is reasonably related to the needs of
the neighborhood and the city as a whole. The location of the Klatt family property on
the Congress Avenue corridor at the comer of Old Boynton Road lends itself to a major
retailer. The tract will enable an established retail operation to relocate into expanded
space, offering more services and goods - and employing more of the area residents.
The proposed use is consistent with other commercials uses along the corridor.
h. Whether there are adequate sites elsewhere in the city for the proposed use, in districts
where such use is already allowed The subject property is the largest uncommitted
tract along the Congress Avenue. This commercial corridor offers residents a variety of
national and local retail and service businesses to meet their needs, all within a single
portion (corridor) of the City. The Boynton Beach Mall was most likely the impetus of
this retail and service corridor that now serves the City and surrounding communities.
The proposed Local Retail Commercial land use and C-3 zoning will compliment
existing uses and provide needed area for major retailer growth.
BOYNTON TOWN CENTER
The Applicant offers documentation to demonstrate new demand generated by
development under the proposed zoning (C-3). The Applicant feels that any impacts can be
mitigated to ensure compliance with concurrency requirements.
Boynton Town Center, located on approximately 25 acres, is proposed for 250,000 s.f. of
retail commercial uses. 1
This compares to the 181 residential units that could be developed pursuant to the
maximum density allowed by the existing Moderate Density Residential land use category.
1 Based on performance standards within the C-3 district, 40% lot coverage might be obtained,
which would result in 435,600 s.f. of commercial uses. Constraints presented by required
parking and needed pervious and landscaped areas, however, restrict the maximum coverage
from being obtained. This maximum development level would also necessitate DRI review
(commercial threshold is 400,000 s.f.), and the proposed intensity is one that could be proposed
at the local level without requiring state and regional review through the DR! process.
WPB:175501 :8
RUDEN, McCLOSKY, SMITH, SCHUSTER & RUSSELL, P.A.
CARACAS. FT. lAUDERDAlE. MIAMI. NAPLES. PORT ST. LUCIE . SARASOTA. ST. PETERSBURG. TAllAHASSEE · TAMPA. WEST PALM BEACH
1/>;1'
t, \ ~'~
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Page 4
Specific non-residential uses and businesses that occupy Boynton Town Center will be
consistent with the chart of permitted uses and supplemental requirements in the C-3 district
regulations.
The Boynton Town Center project will be improved in a single phase, prior to the
buildout date of 2008 assumed in the traffic analysis. The project will be subject to subsequent
technical site plan approval.
Based on the above described uses, Boynton Town Center would provide jobs for 5002
employees. Housing opportunities will be available within the adjacent mixed-use
neighborhoods for some of these employees.
Development of the proposed uses will be phased to roadway improvement projects so
that the project does not generate significant traffic impacts. Other public facilities and services
will not be negatively impacted by the change in uses. Water and sewer demand, based on the
rates identified in the attached table, have been evaluated and the resulting demand can be served
by the existing capacity at the City's water and sewer treatment plants. An analysis of the
immediate infrastructure (lines, pumps and lift stations) is being conducted and will determine
whether the water/sewer distribution system needs to be upgraded to serve the proposed project.
Population projections under the existing and proposed uses are compared below. These
estimates are based on the 2000 Census figure of 2.27 persons per unit as a citywide, average
household size.
Existing Land Use:
Proposed Uses:
181 du's 411 persons
no residential within this component
2 Employment Assumption:
I employee per 500 s.f. retail
WPB:175501 :8
RUDEN, McCLOSKY, SMITH, SCHUSTER & RUSSELL, P.A.
CARACAS · FT. lAU DERDAlE. MIAMI · NAPLES. PORT ST. lUClE . SARASOTA. ST. PETERSBU RG · TAllAHASSEE . TAMPA. WEST PALM BEACH
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Page 6
CONSISTENCY WITH COMPREHENSIVE PLAN
The proposed land use change from MoDR to LRC is consistent with the City of Boynton
Beach Comprehensive Plan. Specifically, the land use amendment is consistent with and
furthers the following City objectives:
Urban Sprawl: Objective 1.13, Policy 1.13.4 The proposed land use discourages urban sprawl
by creating a compact urban area. The commercial project will serve as a form on infill along
the developed Congress Avenue corridor. The 25 acre commercial tract will provide sufficient
land area for a major retailer to expand its operation within its existing trade area versus
developing property further west along the County's urban fringe.
Regulation of Land Development Orders: Objective 1.16, Policy 1.16.1 The proposed zoning
district, Community Commercial (C-3), is consistent with the requested land use - Local Retail
Commercial. The proposed Boynton Town Center development project is consistent with the
use, density and intensity provisions of the land use and zoning designations.
WPB:175501:8
RUDEN, McCLOSKY, SMITH, SCHUSTER & RUSSELL, P.A.
CARACAS-FT.lAUDERDAlE - MIAMI- NAPLES- PORT ST.lUCIE - SARASOTA-ST. PETERSBURG - TALLAHASSEE -TAMPA -WEST PALM BEACH
Page 7
NEED FOR LAND USE(S)
Palm Beach County is known as the West Palm Beach/Boca Raton Metropolitan
Statistical Area (MSA). Growth in this region originated in the south and moved northward.
Palm Beach County's growth rate has increased steadily during the past fifteen (15) years. In
1980, the County has a population of approximately 587,000. By 1990, the County had reached
a population of approximately 870,000, which represented an increase of nearly 48%. The
County's growth rate between 1990 and 200 is less than it was between 1980 and 1990 due to
recessionary economic conditions in the early 90's. However, population growth has increased
significantly since 1990, and the University of Florida's Bureau of Economic and Business
Research (BEBR) project an increased rate of growth through 2010. Population is projected to
increase from 1,008,300 in 2000 to 1,300,600 in 2010.
Employment growth (the number of persons employed) reflects the recessionary
conditions which prevailed in the 1990's. Between 1995 and 1999, the number of persons
employed grew by 58,8709, indicative of a rebounding economy in the County. Total
employment in Palm Beach County is expected to continue to rise. The services sector shows
the strongest potential for growth, with retail and wholesale trade close behind.
The City's median family income ($47,54610) is greater than that of the County as a
whole ($37,04511), and can likely support greater amounts of commercial retail space per capita
than is the case countywide.
Based on projected population growth, there is a need for additional commercial
businesses to meet the growing needs of the City's population. The subject property's location
presents an ideal site for a commercial project that will provide convenient, easily accessible
services, retail operations and employment opportunities.
9 Florida Department of Labor and Employment Security
10 2000 Census
11 2002 Demographic Profile of the Treasure Coast Region, TCRPC
WPB:17SS01 :8
RUDEN, McCLOSKY, SMITH, SCHUSTER & RUSSELL, P.A.
CARACAS. FT. lAUDERDAlE. MIAMI. NAPLES. PORT ST. lUClE. SARASOTA. ST. PETERSBURG. TALLAHASSEE. TAMPA. WEST PALM BEACH
BOYNTON TOWN CENTER - C-3
Existing land Use
Water and Sewer Flow Estimate
Water
Uses Unit No. of Units Water Flow Allocation Flow
Residential I 588 dwellina units dwellina unit 588 374 GPOI dwelling unit(l) 219,912 GPO
Commercial I o sa. ft. sq. ft. 0 0.125 GPOI sq. ft. o GPO
II Total Water Flow = 219,912 GPO I
Sewer
Uses vllit No. of Units Sewer Flow Allocation Flow
Residential I 588 dwelling units dwelling unit 588 300 GPOI dwelling unit(l) 176,400 GPO
Commercial I o sq. ft. sq. ft. 0 0.125 GPOI sq. ft. o GPO
II Total Sewer Flow = 176,400 GPO I
Notes:
1) Note for the purposes of calculation we used a 2 bedroom unit to calculate the total flow requirements for the project
BOYNTON TOWN CENTER - C-3
Proposed land Use
Water and Sewer Flow Estimate
Water
Uses Unit No. of Units Water Flow Allocation Flow
Commercial I 250,000 sq. ft. sq. ft. 250,000 0.125 GPO! sq. ft. 31,250 GPO
II Total Water Flow = 31,250 GPO
Sewer
Uses Unit No. of Units Sewer Flow Allocation Flow
Commercial I 250,000 sq. ft. sq. ft. 250,000 0.125 GPO! sq. ft. 31,250 GPO
II Total Sewer Flow = 31,250 GPO
Notes:
1) Note for the purposes of calculation we used a 2 bedroom unit to calculate the total flow requirements for the project
C((
,The City 01 &ynton Beach
DEVELOPMENT DEPARTMENT
PLANNING AND ZONING DMSON
100 E. Boynton Beach Boulevard
P.O. Box 310
Boynton Beach, Florida 33425-0310
TEL: 561-742-6260
FAX: 561-742-6259
www.boynton-beach.org
Ms Anna Yeskey
Clearinghouse
9835-16 lake Worth Road, Suite 223
lake Worth, Florida 33467
Re: City of Boynton Beach
large-scale Amendment Round 04-2
Dear Anna:
Attached is the completed Executive Summary for the above-reference Comprehensive
Plan Amendments.
If further information is needed, please contact me at (561) 742-6264.
Sincerely
Wee:/!
----
Dick Hudson, Senior Planner
Encl:
S:\PlANNING\SHAREO\Wp\PROJECTS\BOvtlTON VILlAGE-BOYNTON TOWN CENTER l\LUAR O+OO6\IPARC roVER.DOT
,
,
.
Page 10f3
EXECUTIVE SUMMARY FOR COMPREHENSIVE PLAN AMENDMENTS
DATE: June 8, 2004
Reference # Round 04-2 Large-scale Amendments
General Information
Initiating Local Government: City of Boynton Beach
Contact Person: Dick Hudson, Senior Planner
Address: 100 E. Boynton Beach Boulevard, Boynton Beach, FL 33425
Telephone/Fax: (561) 742-6264/(561) 742-6259 fax
Proposed Comprehensive Plan Text Amendments
General Summary of Amendments:
-1L amendments relating to traffic circulation or the roadway networks
_ amendments relating to affordable housing
Amendments related to the following elements:
--L- land use
-1L transportation
_ housing
- infrastructure sub-elements
_ coastal management
- conservation
_ recreation and open space
_ intergovernmental coordination
_ capital improvements
- other
Summary of addition (s) to adopted comprehensive plan:
1. Future Land Use Element - Amend Policy 1.16.1 of the by adding a Mixed Use-Suburban land use category, providing for
consistent zoning districts, allowed uses, density and intensity of development.
2. Transportation Element - Designate a part of the City of Boynton Beach Community Redevelopment Area (CRA) as a
Transportation Concurrency Exception Area (TCEA)
3. Update Transportation Element Data & Analysis Figure 4 (Functional Classification of Roadways Map) by adding two roadway
segments classified as Local Collectors.
.
~
Page 2 of3
Proposed Amendments to the Future Land Use Map
Project Name Boynton Town Center (LUAR 04-007)
Applicant! Agent Boynton Beach Place, LLC/Ruden, McClosky, Smith, Schuster & Russell, P.A.
Telephone/Fax: (561) 838-4542/(561) 514-3442 (fax)
Location of proposed map amendments (include a location map): Northeast comer of the intersection of Congress Avenue and
Old Boynton Road
Size of Area Proposed for Change (acres): 25 acres
Present Future Land Use Plan Designation (include a density/intensity defInition): Moderate Density Residential (MoDR)
7.26 du/ac
Proposed Future Land Use Designation (include a density/intensity defInition): Local Retail Commercial (LRC)
Present Zoning of Site (include a density/intensity defInition): R-1-AA Single Family Residential (7.26 du/ac)
Proposed Zoning of Site (include a density/intensity defInition): C-3 Community Commercial
Present Development of Site: Vacant
Proposed Development of the Site, ifknown (Number of Dwelling Units; Commercial Square Footage; Industrial Square
Footage; Other Proposed usage and intensity): 250,000 sq. ft. Commercial
Is proposed change a Development of Regional Impact? N/A
Comprehensive Plan Change Processing
Daterrime/Location Scheduled for Planning and Development Agency Board Hearing:
June 22, 2004/6:30 p.m.lCity Commission Chambers, 100 E. Boynton Beach Blvd., Boynton Beach, FL
Daterrime/Location Scheduled for LP AlGoveming Body Public Hearing
July 20, 2004/7:00 p.m.lCity Commission Chambers, 100 E. Boynton Beach Blvd., Boynton Beach, FL
Scheduled Date for Transmittal to DCA July 30, 2004
.
Page 3 of3
Proposed Amendments to the Future Land Use Map
Project Name Boynton Village (LUAR 04-006)
Applicant! Agent 1950 Congress Avenue LLC/Ruden, McClosky, Smith, Schuster & Russell, P.A.
TelephonelFax: (561) 838-4542/(561) 514-3442 (fax)
Location of proposed map amendments (include a location map): Northeast comer of the intersection of Congress A venue and
Old Boynton Road.
Size of Area Proposed for Change (acres): 81.81 acres
Present Future Land Use Plan Designation (include a density/intensity definition): Moderate Density Residential (MoDR)
7.26 du/ac
Proposed Future Land Use Designation (include a density/intensity definition): Mixed Use-Suburban (MX-S) 20 du/ac and
FAR 1.0
Present Zoning of Site (include a density/intensity definition): R-l-AA Single Family Residential (7.26 du/ac)
Proposed Zoning of Site (include a density/intensity defmition): SMU Suburban Mixed Use
Present Development of Site: Vacant
Proposed Development of the Site, ifknown (Number of Dwelling Units; Commercial Square Footage; Industrial Square
Footage; Other Proposed usage and intensity): 1120 units residential, 10,000 sq.ft. office, 149,000 sq. ft. retail.
Is proposed change a Development of Regional Impact? N/A
Comprehensive Plan Change Processing
Datetrime/Location Scheduled for Planning and Development Agency Board Hearing:
June 22, 2004/6:30 p.m./City Commission Chambers, 100 E. Boynton Beach Blvd., Boynton Beach, FL
Datetrime/Location Scheduled for LP AlGoveming Body Public Hearing
July 20,2004/7:00 p.m./City Commission Chambers, 100 E. Boynton Beach Blvd., Boynton Beach, FL
Scheduled Date for Transmittal to DCA July 30, 2004
BOYNTON VILLAGE AND BOYNTON TOWN CENTER I
LOCATION MAP
o
ii
.3
Local Refa" CommercIal
Industrial
BOYNTON VILLAGE
LUAR 04-006
Subuman Mixed Use
81.814 acres
~~:lll:~
LUAR 04-007
Local Re",,, CollI rclal
25.00 acres
Local CommercIal
Cf(
. ~ ~ ~ ~
W+E
S
\ .cr
[he CitlJ 0/ BolJnton 13ea.clz
DEVELOPMENT DEPARTMENT
PLANNING AND ZONING DMSON
100 E. Boynton Beach Boulevard
P.O. Box 310
Boynton Beach, Florida 33425-0310
TEL: 561-742-6260
FAX: 561-742-6259
www.boynton-beach.org
Ms Anna Yeskey
Clearinghouse
9835-16 lake Worth Road, Suite 223
lake Worth, Florida 33467
Re: City of Boynton Beach
large-scale Amendment Round 04-2
Dear Anna:
Attached is the completed Executive Summary for the above-reference Comprehensive
Plan Amendments.
If further information is needed, please contact me at (561) 742-6264.
Sincerely
WCe~L/
----
Dick Hudson, Senior Planner
Encl:
S:\PlANNING\SHAREO\wp\PROJECTS\BOYNTON VILlAGE-BOYNTON TOWN CENTER l\LUAR O+OO6\IPARC COVER.DOT
f
Page lof3
EXECUTIVE SUMMARY FOR COMPREHENSIVE PLAN AMENDMENTS
DATE: June 8, 2004
Reference # Round 04-2 Large-scale Amendments
General Information
Initiating Local Government: City of Boynton Beach
Contact Person: Dick Hudson, Senior Planner
Address: 100 E. Boynton Beach Boulevard, Boynton Beach, FL 33425
TelephonelFax: (561) 742-6264/(561) 742-6259 fax
Proposed Comprehensive Plan Text Amendments
General Summary of Amendments:
-1L amendments relating to traffic circulation or the roadway networks
_ amendments relating to affordable housing
Amendments related to the following elements:
.2L land use
..1L transportation
_ housing
infrastructure sub-elements
-
_ coastal management
- conservation
_ recreation and open space
_ intergovernmental coordination
_ capital improvements
- other
Summary of addition (s) to adopted comprehensive plan:
1. Future Land Use Element - Amend Policy 1.16.1 of the by adding a Mixed Use-Suburban land use category, providing for
consistent zoning districts, allowed uses, density and intensity of development.
2. Transportation Element - Designate a part of the City of Boynton Beach Community Redevelopment Area (CRA) as a
Transportation Concurrency Exception Area (TCEA)
3. Update Transportation Element Data & Analysis Figure 4 (Functional Classification of Roadways Map) by adding two roadway
segments classified as Local Collectors.
I
Page 2 of3
Proposed Amendments to the Future Land Use Map
Project Name Boynton Town Center (LUAR 04-007)
Applicant! Agent Boynton Beach Place, LLC/Ruden, McClosky, Smith, Schuster & Russell, P.A.
TelephonelFax: (561) 838-4542/(561) 514-3442 (fax)
Location of proposed map amendments (include a location map): Northeast comer of the intersection of Congress A venue and
Old Boynton Road
Size of Area Proposed for Change (acres): 25 acres
Present Future Land Use Plan Designation (include a density/intensity definition): Moderate Density Residential (MoDR)
7.26 du/ac
Proposed Future Land Use Designation (include a density/intensity definition): Local Retail Commercial (LRC)
Present Zoning of Site (include a density/intensity definition): R-l-AA Single Family Residential (7.26 du/ac)
Proposed Zoning of Site (include a density/intensity definition): C-3 Community Commercial
Present Development of Site: Vacant
Proposed Development of the Site, ifknown (Number of Dwelling Units; Commercial Square Footage; Industrial Square
Footage; Other Proposed usage and intensity): 250,000 sq. ft. Commercial
Is proposed change a Development of Regional Impact? N/A
Comprehensive Plan Change Processing
DateITime/Location Scheduled for Planning and Development Agency Board Hearing:
June 22, 2004/6:30 p.m./City Commission Chambers, 100 E. Boynton Beach Blvd., Boynton Beach, FL
DateITimelLocation Scheduled for LP AlGoveming Body Public Hearing
July 20, 2004/7:00 p.m./City Commission Chambers, 100 E. Boynton Beach Blvd., Boynton Beach, FL
Scheduled Date for Transmittal to DCA July 30, 2004
.
Page 3 of3
Proposed Amendments to the Future Land Use Map
Project Name Boynton Village (LUAR 04-006)
Applicant! Agent 1950 Congress Avenue LLC/Ruden, McClosky, Smith, Schuster & Russell, P.A.
TelephonelFax: (561) 838-4542/(561) 514-3442 (fax)
Location of proposed map amendments (include a location map): Northeast comer of the intersection of Congress A venue and
Old Boynton Road.
Size of Area Proposed for Change (acres): 81.81 acres
Present Future Land Use Plan Designation (include a density/intensity definition): Moderate Density Residential (MoDR)
7.26 du/ac
Proposed Future Land Use Designation (include a density/intensity defmition): Mixed Use-Suburban (MX-S) 20 du/ac and
FAR 1.0
Present Zoning of Site (include a density/intensity definition): R-l-AA Single Family Residential (7.26 du/ac)
Proposed Zoning of Site (include a density/intensity definition): SMU Suburban Mixed Use
Present Development of Site: Vacant
Proposed Development of the Site, ifknown (Number of Dwelling Units; Commercial Square Footage; Industrial Square
Footage; Other Proposed usage and intensity): 1120 units residential, 10,000 sq.ft. office, 149,000 sq. ft. retail.
Is proposed change a Development of Regional Impact? N/A
Comprehensive Plan Change Processing
DateITime/Location Scheduled for Planning and Development Agency Board Hearing:
June 22, 2004/6:30 p.m./City Commission Chambers, 100 E. Boynton Beach Blvd., Boynton Beach, FL
DateITime/Location Scheduled for LP AlGoveming Body Public Hearing
July 20,2004/7:00 p.m./City Commission Chambers, 100 E. Boynton Beach Blvd., Boynton Beach, FL
Scheduled Date for Transmittal to DCA July 30, 2004
BOYNTON VILLAGE AND BOYNTON TOWN CENTER I
.;
LOCATION MAP
Local Retail Commel'Clal
o
BOYNTON VILLAGE
LUAR 04-006
Suburban Mixed Use
81.814 acres
..
~..iir~. ~lOf~
oS
2&00 8CIU
Local Commel'Clal
t
Industrial
..., _ IoId J:lIlI
W+E
S
FACSIMILE
CITY OF BOYNTON BEACH
City Hall, West Wing
100 E. Boynton Beach Blvd.
P.O. Box 310
Boynton Beach, Florida 33425
(561) 742-6260
(561) 742-6259 Fax
Planning & Zoning
Division
FAX: (561) 514-3442
TO: Kim Glas-Castro
FROM: Dick Hudson
NUMBER OF PAGES: (including
cover)
7
DATE: 8/30/04
RE: Comp Plan Amendments for SMU and Boynton Town Center/Village
Kim, The following comments were received this morning. I'm passing them on to you. Do what you
want to respond.
Dick
If you receive this fax in error, or experience trouble with transmission, please notify our office
immediately, at (561) 742-6260. Thank you.
!
The City 0/ Boynton Beach
DEVELOPMENT DEPARTMENT
PLANNING AND ZONING DMSON
100 E. Boynton Beach Boulevard
P.O. Box 310
Boynton Beach, Florida 33425-0310
TEL: 561-742-6260
FAX: 561-742-6259
www.boynton-beach.org
June 11, 2004
Ms Kim Glas-Castro, AICP
Ruden, McClosky, Smith, Schuster & Russell, P.A.
222 Lakeview Avenue-Suite 800
West Palm Beach, FL 33401
Re: Boynton Town Center/Boynton Village
Dear Ms Glas-Castro:
Staff reports on the applications for rezonings for the above referenced projects are being
completed in anticipation of the Planning and Development Board's review, scheduled for June
22, 2004. In light of the fact that each of these projects contain commercial use components,
please inform your clients that the City will expect them to demonstrate consistency with the
following policy contained in the Future Land Use Element of the City of Boynton Beach
Comprehensive Plan:
"Policy 1.3.8 The City shall continue to adopt and enforce regulations to require that commercial
projects provide marginal access roads or cross access between sites, wherever
practical, in order to minimize the need for trips on adjacent thoroughfares."
In addition to connectivity between the two projects you represent, there is also an opportunity
for these projects to proVide cross access with the Renaissance Commons project, currently
being developed to the north. Staff would strongly recommend that your applicants work with
the developer of Renaissance Commons to secure agreements for cross access. The
development of a roadway connecting Old Boynton Road with Gateway Boulevard could have a
positive effect of lessening traffic Impacts on Congress Avenue.
If you have any questions regarding this requirement, please do not hesitate to contact me at
(561) 742-6264.
~~d-
Dick Hudson, AICP
Senior Planner