1 WHEREAS, as a result of the development expansion in 2006 (Resolution No. 116-
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- Amice Hunter
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5 1 WHEREAS, as a result of the development expansion in 2006 (Resolution No , SC ) and approved parking technical deviation (896 space reduction), the property 3 is subject to implementation of a full time Transportation Demand Management (TOM) plan for 4 the Mall, based on which the development was granted an overall 5% peak hour reduction in 5 the Mall-generated trips; and 6 WHEREAS, the Planning and Zoning Board, after notice and public hearing, has 7 reviewed the Petition and has presented its recommendation; and 8 WHEREAS, the City Council has reviewed the Petition and has considered the effect of 9 the proposed use on existing and future dwellings in the vicinity, the proposed site plan, planning 10 and landscaping, traffic safety, and the general health, safety and welfare of the community; now 11 therefore BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF BOCA 14 RATON: 15 Section 1. The Amendment to an Approved Site Plan requested herein to modify and 16 relocate valet parking areas including additional parking lot modifications with technical 17 deviations to allow for restricted use of parking areas (including tandem parking) and a 18 reduction in the number of required parking spaces is hereby [granted/not granted] for the 19 property described below, subject to the conditions described in Section 4: PARCEL A- Fee Simple: 22 A parcel of land in Sections 14 and 23, Township 47 South, Range 42 East, Palm Beach 23 County, Florida being more particularly described as follows: 24 Commencing at the Southwest corner of said Section 14; thence North 88 39' 44" East 25 (for convenience, all bearings shown herein are relative to an assumed meridian) along 26 the South line of said Section 14, a distance of feet to a point on the East right of 27 way line of St. Andrews Boulevard; thence South or 46' 15" West, along said East right 28 of way line, a distance of feet to the POINT OF BEGINNING of this description; 29 thence departing said Right- of- Way line North ago 15' 10" East a distance of feet; thence North 44 15' 10" East, a distance of feet; thence North ooo 44' 50" 31 West, a distance of feet; thence North 45 44' 50" West, a distance of
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9 1 this point bears South 14 24' 54" East; Thence Southwesterly along the arc of said 2 curve, a distance of feet to the beginning of a reverse curve concave to the 3 Southeast and having a radius of feet and a central angle of 16 45' 53"; Thence 4 Southwesterly along the arc of said curve, a distance of feet; Thence South 2r 5 29' 17" West, a distance of feet; Thence South ago 15' 10" West, a distance of feet; Thence North 00 44' 50" West, a distance of feet; Thence South ago 7 15' 1 0" West, a distance of 2a.50 feet; Thence South ar 27' 03" West, a distance of a feet; Thence South ar 40' 26" West, a distance of 27.a5 feet; Thence North ' 40" West, a distance of feet; Thence South ago 15' 1 0" West, a distance of feet; Thence North 00 44' 50" West, a distance of feet; Thence South ago 11 15' 1 0" West, a distance of 2a.50 feet; Thence North ooo 44' 50" West, a distance of 12 a0.27 feet; Thence North aoo 06' 59" East, a distance of 2a.a7 feet; Thence North ' 50" West, a distance of feet; Thence North 44 o 15' 1 0" East, a distance of 14 a0.40 feet; Thence North 45 44' 50" West, a distance of feet; Thence North 3ao 15 06' 19" West, a distance of feet; Thence North 44 15' 10" East, a distance of feet; Thence North 33 33' 19" East, to the South line of said Section 14, a 17 distance of feet; Thence continue North 33 33' 19" East, a distance of feet; 1a Thence North ago 15' 10" East, a distance of feet to a point on a non-tangent 19 curve concave to the West, having a radius of feet and a central angle of 01 o 40' 20 1a" and whose tangent at this point bears South ago 06' 43" East; Thence Southerly 21 along the arc of said curve, a distance of 15.aa feet to the South line of said Section 14; 22 Thence continue along the arc of said curve through a central angle of 06 30' 45", a 23 distance of 61.a5 feet; Thence South ooo 55' 40" East along the tangent of said curve, a 24 distance of feet to the Point of Beginning. 25 PARCEL D - Easements: 26 Those easements constituting rights in real property created, defined and limited by the 27 First Amended and Restated Reciprocal Easement Agreement by and between Town 2a Center Investment Associates, a Florida general partnership, Federated Department 29 Stores, Inc., a Delaware corporation, Sears, Roebuck and Co., a New York corporation, 30 Alstores Realty Corporation, a Delaware corporation, Jordan Marsh Company, a Florida 31 corporation, Saks & Company, a New York corporation, and Associated Dry Goods 32 Corporation, a Virginia corporation, dated July 12, 19a5 and recorded July 12, 19a5 in 33 Official Records Book 4595, Page 944 {See Tab 62}, Second Amendment to Town 34 Center at Boca Raton Reciprocal Easement Agreement by and between Town Center 35 Investment Associates, a Florida general partnership, Federated Department Stores, 36 Inc., a Delaware corporation, Alstores Realty Corporation, a Delaware corporation, 37 Jordan Marsh Company, a Florida corporation, Saks & Company, a New York 3a corporation, and Associated Dry Goods Corporation, a Virginia corporation, dated 39 October 7, 19a5 and recorded October 7, 19a5 in Official Records Book 4672, Page {See Tab 63}, and Third Amendment to Town Center at Boca Raton Reciprocal 41 Easement Agreement dated and recorded in Official Records 42 Book, Page, all of the Public Records of Palm Beach County, Florida. 43 PARCEL E - Easements: 44 Those easements constituting rights in real property created, defined and limited by the 45 Circumferential Road Easement by and between Federated Department Stores, Inc., a 46 Delaware corporation, and Arvida Corporation, a Delaware corporation, dated February 47 24, 197a and recorded April3, 197a in Official Records Book 2a36, Page 10a2 {See Tab 4a 7}, as modified in Modification of Circumferential Road Easement Agreement by and 7
10 1 between Town Center Investment Associates, a Florida general partnership, and Arvida 2 Corporation, a Delaware corporation, dated July 12, 1985 and recorded July 12, 1985 in 3 Official Records Book 4595, Page 1118 {See Tab 44}, and as further modified in Official 4 Records Book, Page, all of the Public Records of Palm Beach County, 5 Florida. 6 PARCEL F - Easements: 7 Those easements constituting rights in real property created, defined and limited by the 8 Mutual Utility Easements by and between Arvida Corporation, a Delaware corporation, 9 and Federated Department Stores, Inc., a Delaware corporation, dated February 24, and recorded April 3, 1978 in Official Records Book 2836, Page 1147 {See Tab 11 52}, of the Public Records of Palm Beach County, Florida. 12 PARCEL G - Easements: 13 Those easements constituting rights in real property created, defined and limited by the 14 Reciprocal Drainage Easement by and between Federated Department Stores, Inc., a 15 Delaware corporation, and Arvida Corporation, a Delaware corporation, dated February 16 20, 1978 and recorded April 3, 1978 in Official Records Book 2836, Page 1103 {See 17 Tab 45}, Restated, Amended and Relocated Reciprocal Drainage Easement by and 18 between Arvida Corporation, a Delaware corporation, and Town Center Investment 19 Associates, a Florida general partnership, dated February 1, 1985 and recorded 20 February 4, 1985 in Official Records Book 4459, Page 38 {See Tab 46}, and further 21 amended in First Amendment to Restated, Amended and Relocated Reciprocal 22 Drainage Easement by and between Arvida Corporation, a Delaware corporation, and 23 Town Center Investment Associates, a Florida general partnership, dated September 11, and recorded September 20, 1985 in Official Records Book 4656, Page 1896 {See 25 Tab 47}, as assigned and assumed by Assignment and Assumption Agreement by and 26 between Arvida Corporation, a Delaware corporation, and CTS Properties, Inc., a Florida 27 corporation, dated September 23, 1985 and recorded September 26, 1985 in Official 28 Records Book 4662, Page 1158 {See Tab 48}, Termination Agreement by and between 29 CTS Properties, Inc., a Florida corporation, and Town Center Investment Associates, a 30 Florida general partnership, dated August 8, 1986 and recorded August 12, 1986 in 31 Official Records Book 4968, Page 1790 {See Tab 49}, and further amended in Second 32 Amendment to Restated, Amended and Relocated Reciprocal Drainage Easement by 33 and between CTS Properties, Inc., a Florida corporation, and Town Center Investment 34 Associates, a Florida general partnership, dated January 16, 1987 and recorded January 35 27, 1987 in Official Records Book 5155, Page 209 {See Tab 50}, all of the Public 36 Records of Palm Beach County, Florida. 37 PARCEL H - Easements: 38 Those easements constituting rights in real property created, defined and limited by the 39 Irrigation and Drainage Agreement by and between Arvida Corporation, a Delaware 40 corporation, and Massachusetts Mutual Life Insurance Company, a Massachusetts 41 corporation, dated September 28, 1982 and recorded September 28, 1982 in Official 42 Records Book 3799, Page 944 {See Tab 95}, as assumed by Assumption Agreement by 43 and between Massachusetts Mutual Life Insurance Company, a Massachusetts 44 corporation, and TAW Realty Fund IV Holding Company, a California corporation, dated 45 October 1, 1987 and recorded October 1, 1987 in Official Records Book 5437, Page {See Tab 56}, both of the Public Records of Palm Beach County, Florida. 8
11 1 PARCEL I - Easements: 2 Those easements constituting rights in real property created, defined and limited by the 3 Irrigation and Drainage Agreement by and between Arvida Corporation, a Delaware 4 corporation, and St. Andrews Holding Corp., a Delaware corporation, dated August 24, and recorded October 6, 1983 in Official Records Book 4056, Page 126 {See Tab 6 98}, of the Public Records of Palm Beach County, Florida. 7 PARCEL J - Easements: 8 Those easements constituting rights in real property created, defined and limited by the 9 Reciprocal Parking Agreement by and between Arvida Corporation, a Delaware 10 corporation, and Massachusetts Mutual Life Insurance Company, a Massachusetts 11 corporation, dated September 28, 1982 and recorded September 28, 1982 in Records 12 Book 3799, Page 959 {See Tab 96}, and supplemented by Supplement Agreement to 13 Reciprocal Parking Agreement by and between St. Andrews Holding Corp., a Delaware 14 corporation, and Arvida Corporation, a Delaware corporation, dated August 24, and recorded October 6, 1983 in Official Records Book 4056, Page 139 {See Tab 97}, 16 as assumed by Assumption Agreement by and between Massachusetts Mutual Life 17 Insurance Company, a Massachusetts corporation, and TAW Realty Fund IV Holding 18 Company, a California corporation, dated October 1, 1987 and recorded October 1, in Official Records Book 5437, Page 419 {See Tab 56}, all of the Public Records 20 of Palm Beach County, Florida. 21 PARCEL K- Easements: 22 Those easements constituting rights in real property created, defined and limited by the 23 Easement Deed by and between Lake Worth Drainage District, a political subdivision of 24 the State of Florida, and Arvida Corporation, a Delaware corporation, dated May 30, and recorded November 6, 1974 in Official Records Book 2365, Page 1021{See 26 Tab 34}, of the Public Records of Palm Beach County, Florida. 27 PARCEL L - Easements: 28 Those easements constituting rights in real property created, defined and limited by the 29 Easement Deed by and between Lake Worth Drainage District, a political subdivision of 30 the State of Florida, and Arvida Corporation, a Delaware corporation, dated May 30, and recorded July 5, 1973 in Official Records Book 2182, Page 54 {See Tab 24}, 32 of the Public Records of Palm Beach County, Florida. 33 PARCEL M - Easements: 34 Non-exclusive easements for pedestrian and vehicular ingress, egress and regress to 35 and from the lands described in Parcels A, B and C, over and across the lands 36 described in Exhibit "A" of that certain Easement Agreement by and between ACP Office 37 1 LLC, a Delaware limited liability company, and The Town Center at Boca Raton Trust, 38 a New York trust, dated September 29, 1999 and recorded November 12, 1999 in 39 Official Records Book 11452, Page 1852 {See Tab 104}, of the Public Records of Palm 40 Beach County, Florida. 41 PARCEL N - Fee Simple: 42 A parcel of land in Section 23, Township 47 South, Range 42 East, Palm Beach County, 9
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13 1 reduction in the number of required parking spaces relocates previously approved square 2 footage and modifies and adds valet areas, received by the Development Services Department 3 on February July 1 0, * * * (3) Prior to issuance of any main use building permit, the Owner shall submit water, sewer, paving and drainage plans for on-site improvements. which shall be reviewed and approved by City Staff responsible for Public Works Review and other required governmental agencies. To ensure timely and complete construction, the Owner shall provide a letter of credit, in a form acceptable to the City Attorney, in an amount equal to 110% of the cost of construction for the off-site improvements. (4) Prior to the issuance of the first certificate of occupancy or completion, all improvements shown on the approved Public Works Review plans shall be constructed and accepted by the City. (5) The Owner petitioner shall support and participate in a shuttle service including allowing the shuttle bus access into the site. * * * (9) The Owner applicant shall design and construct an eight foot wide shared use pathway along Butts Road between the applicant's north property line and the applicant's south property line. In addition, the Owner applicant shall design and construct a continuation of the shared use pathway from the Owner's af}plicant's north property line to Glades Road in the 21 Butts Road public right-of-way. The Butts Road swale area, adjacent to the shared use pathway, between Town Center Road and the northern entrance to the Mall area along Butts Road shall be regularly maintained. This maintenance shall include keeping the grass less than four (4) inches in height. (1 0) The Owner applicant shall provide sheltered, secure facilities for storage of bicycles in accordance with the numerical requirements of Section , City Code of 11
14 1 Ordinances. Sheltered, secured facilities for the storage of bicycles shall mean an area that is 2 covered and provides security by means of a locked gate or door or provides an area that is 3 monitored. 4 * * * 5 (12) The Owner f}etittooef has voluntarily agreed to a contribution of $1, to the 6 City's Beautification Program to be paid prior to the issuance of a main use building permit. 7 * * * 8 (14) Prior to commencement of valet operations approved under this Amendment to 9 an Approved Site Plan. valet parking plan shall require a separate approval from City Staff 10 Responsible for Public Works Review. 11 ( 15) All previous conditions of approval for this site shall remain in full force and 12 effect. 13 Section 5. Expiration of Approval: 14 This Amendment to an Approved Site Plan shall expire 24 months from the date of 15 approval, and be null and void and of no further effect, unless a building permit pertaining to this 16 amendment has been issued. 17 Section 6. If any section, subsection, clause or provision of this resolution is held 18 invalid, the remainder shall not be affected by such invalidity. 19 Section 7. All resolutions or parts of resolutions in conflict herewith shall be and 20 hereby are repealed. 21 Section 8. This resolution shall take effect immediately upon adoption
15 1 PASSED AND ADOPTED by the City Council of the City of Boca Raton this 2 day of, CITY OF BOCA RATON, FLORIDA 5 6 ATTEST: Susan Haynie, Mayor Susan S. Saxton, City Clerk COUNCIL VOTE YES NO ABSTAINED MAYOR SUSAN HAYNIE DEPUTY MAYOR CONSTANCE J. SCOTT COUNCIL MEMBER MICHAEL MULLAUGH COUNCIL MEMBER SCOTT SINGER COUNCIL MEMBER ROBERTS. WEINROTH 17 13
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18 Town Center Mall Valet Parking Operation SC-09-05R1/ Page2 A reduction in required parking and the allowance of tandem parking spaces are not specifically called out in the ULDC as petitions that can be considered minor deviations. Additionally, previously approved Special Exceptions and Class A Conditional Uses on prior County annexed projects may only be varied pursuant to the standards and procedures established in a project's original approval. The Mall was originally granted site plan and Special Exception approval by the Palm Beach County Board of County Commissioners on October 25, Therefore, the parallel City reviews for this petition require Planning Advisory (Compliance) review, review and a recommendation from the Planning and Zoning Board, and approval by the City Council. Background In August 2006, a site plan approval to add 202,538 square feet of commercial space to the Mall was approved by the City Council (SC-06-10, Resolution ). The expansion consisted of four (4) elements: a minor expansion of the TGI Friday's space with the demolition of the existing building and construction of a new facility for a Grand Lux Cafe and the expansion of the former Legal Seafood patio area (3,081 square feet); the inclusion of a Lifestyle Retail Center in the southeastern portion of the site (93,853 square feet); an interior expansion of the Macy's Department store (82,800 square feet); and a future expansion of 22,804 square feet. The Mall expansion precipitated a corresponding increase in capacity to the adjacent roadways which could not be considered minor in nature per County traffic concurrency standards. To compensate for the overcapacity roadways, the Applicant agreed to participate in a Transportation Demand Management (TOM) plan for the Mall and the City Council approved a 5% peak hour reduction in Mall-generated trips, subject to implementation of a TOM plan for the Mall. In order for the 2006 expansion to meet the County's parking requirements, a technical deviation from Section 7.2 of the County's ULDC was approved to allow for a reduction of 896 parking spaces from the required off-street parking spaces. With the approved technical deviation, 8,062 parking spaces were required for the Mall site excluding the outparcels and 8,062 parking spaces were provided. In 2009, a site plan approval was granted for the relocation of previously approved square footage to allow for a 2nd floor expansion of small retail shops in the food court area above and behind the existing Waldenbooks store (Resolution No , SC-09-05). In addition, existing valet parking areas were modified and new valet parking areas were added to the Mall site. Finally, the expiration date of the Mall's site plan approval and the project's traffic concurrency expiration date was extended. The resolution for site plan modification provided for an amended and restated site plan approval that consolidated all prior City Council and Planning and Zoning Board approvals into one (1) amended and restated site plan and resolution for the Mall project. Planning Considerations This proposed site plan modification to the previously approved site plan for the Mall will allow for the reconfiguration and relocation of the existing valet area on the northwest side of the mall. The proposed valet dropoff/ pick-up area will be enlarged and enhanced at the Mall's north main entrance, adjacent to the Grand Lux Cafe. The valet parking storage area will be located south of Glades Road and east of St. Andrew's Boulevard, in an unused area of the existing parking lot. The Petition will also include modifications to the existing parking lot configuration, landscaping, and a proposed canopy on Grand Lux Cafe fagade.
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20 Town Center Mall Valet Parking Operation SC-09-05R1/ Page4 application and other materials, shall either recommend approval of the site plan, or recommend not to approve the site plan or recommend to approve the site plan conditioned upon the faithful adherence to and fulfillment of such restrictions and conditions as the Board may determine to be reasonable and necessary to protect and further the Comprehensive plan. The Planning and Zoning Board shall consider, but the consideration shall not be limited to, the following factors when reviewing a site plan: (a) (b) (c) (d) (e) (f) (g) (h) (i) All Code and other technical regulation requirements; The method of pedestrian and vehicular ingress and egress; Internal traffic circulation and vehicular parking, and the traffic impact upon abutting properties, particularly where the abutting properties are residential; Screening, landscaping and lighting; Environmental pollution, including noise, light and air; Garbage and refuse collection; Surface water drainage; Water supply and sewer collection; Energy conservation and efficiency; U) Location of structures and uses on the site plan; (k) (I) (m) (n) The relationship of the site plan to existing or planned transportation, utility and public facilities, any deficiencies in such location, and the curing of such deficiencies; Compatibility of proposed use with adjacent uses; The availability of utility easements to provide municipally franchised electric, telephone, cable television, or other services; and Any other factor that would promote and further the health, safety, and welfare of the community and the Comprehensive Plan; Staff has reviewed the Petition (SC-09-05R1) and has found the proposed project to be consistent with the Comprehensive Plan and ULDC of Palm Beach County and that it meets the concurrency standards of the Comprehensive Plan. Therefore, it is recommended that the Planning and Zoning Board find that SC-09-05R1/ is consistent with the Goals, Objectives and Policies of the Comprehensive Plan as well as the concurrency standards of the Comprehensive Plan.
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23 CITY HALL 201 WEST PALMETTO PARK ROAD BOCA RATON, FLORIDA PHONE: (561): (FOR HEARING IMPAIRED) TOO: (561 SUNCOM: (561 INTERNET: ouw... u.w February 20, 2015 TO: Elizabeth Anderson Planner FROM: T. Douglas Hess, P. E....r-..~ City Traffic Engineer -"\...,.. RE: Case No. SC-09-05R1/ Town Center Mall-Valet Parking Addition This petition is a request to amend an approved site plan for Town Center Mall In order to relocate valet parking areas and reconfigure the main entrance area on the north side of the mall. The subject site is generally located on the south side of Glades Road, between Butts Road and St Andrews Boulevard, specifically at 6000 Glades Road. This report is an update to our memo of February 6, 2015, as the petitioner has now submitted a new site plan and parking study. The proposed modifications will relocate the existing valet parking on the north side of the mall from its current location, which is adjacent to the mall's entrance, to an area that is farther away to the north. Additionally, a dedicated valet pick-up/drop-off area will be added at the mall's main entrance along with modifications to pedestrian and vehicular circulation. As a result of all the proposed modifications, the total parking supply for the mall will be reduced by 53 spaces, and the petitioner is requesting a technical deviation for this reduction. Specifically, unreserved parking supply would be reduced by 64 spaces while reserved valet supply would increase by 11 spaces. The total mall requires 8062 parking spaces and the proposal is to provide 8009 parking spaces. As part of the justification for the 53-space parking supply reduction, the project traffic consultant, Kimley Horn and Associates, Inc., prepared a parking evaluation study. The parking study included parking accumulation counts from September 2014 and February 2015 so as to identify peak parking demands and adequacy of the proposed provided parking. Seasonal factors were used to identify the early and late December parking peaks, but not the maximum peak conditions, such as Black Friday or the weekend before Christmas. The area studied was the north side of the mall, where the proposed site plan revisions are proposed. The study results project a parking occupancy of 86%, which represents a 14% buffer between parking demand and parking supply. In addition to the parking supply technical deviation, the petitioner is also requesting a technical deviation for tandem valet parking spaces and a Variation to the Engineering Design Standards Manual (VEDSM) for space dimensions. All deviation and variation requests were made from the 2004 Palm Beach County Unified Land Development Code, which was the applicable code at time of annexation of this property into the City of Boca Raton, and it continues to apply. The City Traffic Engineer does not object to the deviations. The following table summarizes the technical deviations and VEDSM requested: -AN EQUAL OPPORTUNITY EMPLOYER -
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57 LLP Gary S. Dunay Bonnie t lisket Scott B<JckmJn Ow<Jyne L. Dicl<erson Hope W. Calhoun Christina Bilcnl<i He<Jther Jo Alton February 20, 2015 By Leif Ahnell, City Manager City of Boca Raton 201 W. Palmetto Park Road Boca Raton, FL Re: Entryway and valet modifications for the Town Center Mall ("Project") Dear Mr. Ahnell: As you may be aware, the Simon Group Is Interested In upgrading the Glades Road entryway and valet area and has submitted plans to staff to the City In order to make the proposed improvements. The improvements will consist of Improved landscaping, an entry wall and water feature, a covered entryway into the area next to Grand Luxe, a valet parking area at an improved location and a covered seating area for patrons at a cost of approximately $5 Million. The owner is not requesting additional square footage but rather is simply attempting to make a long overdue facelift to the mall. As there have been some parking challenges associated with this facelift, the review period has taken a few months longer than anticipated. In order to complete the improvements in 2015 and prior to the November peak shopping time period, they must commence construction by April 1st. Otherwise, they may be forced to postpone the improvements for a year or cancel the upgrades altogether. We have been advised by staff that we are scheduled for the March 19th Planning and Zoning Board meeting. As this particular modification requires City Council review which requires advertising, we will not be scheduled for the City Council review until April 14th. As such, we are respectfully requesting consideration by the City Council and intend to be present at the next City Council meeting (February 24, 2015) to request that the City overlap advertising of this request of both the City Council and Planning and Zoning Board meetings to allow City Council review at Its March 24th meeting. I will bring copies of this request to the Tuesday, February 24th City Council meeting, and will be prepared to speak on this matter. Thank you for your kind consideration. Sincerely, l. \ \ f/1, 'l. j. I! '. '! Bonnie Miske!, Esq': BM/rmm cc: Kathleen Shields, Senior Vice President-Development Sal Saldana, General Manager Matt Mariutto, Regional Director of Operations Michael Schwartz, P.E. 14 S.E. 4th Street, Su1tc 36, Boca Raton, FL 331,32 Tel: t, Fwx, {561} t,09-23l, 1 WI'IW.dmbblJw.com
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Proposed Tri-County Humane Society PI t City-Owned Property in Unincorporated Palm Beach County Lullis M. Ritter Animal Shelter/21287 Boca Rio Road
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