The Pierce CDPA 22-002, 23-006, 23-007, 23-008 DEVELOPMENT ORDER OF THE CITY COMMISSION OF THE
CITY OF BOYNTON BEACH, FLORIDA
PROJECT NAME: The Pierce (CDPA 22-002, 23-006, 23-007, 23-008)
APPLICANT: Jeffrey Burns, BB QOZ LLC
APPLICANT'S ADDRESS: 613 NW 3RD AVENUE, SUITE 104, FORT LAUDERDALE, FLORIDA 33311
DATE OF HEARING RATIFICATION BEFORE CITY COMMISSION: March 9, 2023
APPROVAL SOUGHT: Approval of four (4) Community Design Appeal requests (CDPA 22-002, 23-
006, 23-007, & 23-008) for Chapter 4, Article III, Section 6.F.2.c, Freestanding
Parking Garages, prohibiting freestanding parking garages from having
frontage on any arterial or collector roadway, to allow for alternative design
solutions for the freestanding parking garage as proposed.
LOCATION OF PROPERTY: Generally located at northwest corner of Ocean Avenue and Federal Highway,
extending north to Boynton Beach Boulevard and Federal Highway, extending
west to NE 4th Street and Federal Highway, and south to approximately one-
half block north of Ocean Avenue.
DRAWING(S): SEE EXHIBIT "C.1" ATTACHED HERETO.
THIS MATTER was presented to the City Commission of the City of Boynton Beach, Florida on
the date of hearing stated above. The City Commission having considered the approval sought by the
applicant and heard testimony from the applicant, members of city administrative staff and the public finds as
follows:
1. Application for the approval sought was made by the Applicant in a manner consistent with the
requirements of the City's Land Development Regulations.
2. The Applicant
X HAS
HAS NOT
established by substantial competent evidence a basis for the approval 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 "D"
with notation "Included."
4. The Applicant's request is hereby
X GRANTED subject to the conditions referenced in paragraph 3 above.
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 w:I, and
conditions of this order. pYNTpNNI1
/0‹•GpE�PDRAT�•' c<`111
7. Other: SEAL•'9`' 1''
_ — i;INCORPORATED?
DATED: 3 Y1 '
City Clef 't`. •' •
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Order\CDPA 22-002 23-006 23-007 23-008 DO.doc
EXHIBIT "D"
Conditions of Approval
Project Name: The Pierce Community Design Appeals
File number: CDPA 22-002, 23-006, 23-007, 23-008
Reference: 4th review of plans identified as a New Major Site Plan and New Master Plan with a
January 10, 2023 Planning and Zoning Department date stamp marking.
DEPARTMENTS INCLUDE REJECT
PLANNING AND ZONING
Comments:
1. Parked vehicles shall be effectively screened from view. The intent
is to ensure that parked vehicles are not able to be seen, and the X
appearance of habitable floor area must be maintained.
2. An irrigated green wall or similar landscape treatment is required
on the east elevation of the garage. The treatment is to occupy a X
minimum of 50% of thee façade.
PLANNING & DEVELOPMENT BOARD CONDITIONS
Comments: No Comments.
CITY COMMISSION CONDITIONS
Comments: No Comments.
DEVELOPMENT DEPARTMENT
PLANNING AND ZONING DIVISION
MEMORANDUM NO. PZ 23-011
STAFF REPORT
TO: Chair and Members
Planning and Development Board
THRU: Amanda B. Radigan, AICP, LEED AP
Planning and Zoning Director ,A, /Q
FROM: Craig Pinder, Planner II
DATE: January 18, 2023
PROJECT NAME: The Pierce (CDPA 22-002, 23-006, 23-007, & 23-008)
REQUEST: Approval of four (4) Community Design Appeal requests (CDPA 22-002, 23-006,
23-007, &23-008)for Chapter 4, Article III, Section 6.F.2.c, Freestanding Parking
Garages, prohibiting freestanding parking garages from having frontage on any
arterial or collector roadway, to allow for alternative design solutions for the
freestanding parking garage as proposed.
Property Owner: Boynton Beach CRA, BB QOZ LLC, & City of Boynton Beach
Applicant: BB QOZ, LLC
Agent: Rebecca Zissel/Sachs Sax Caplan, P.L.
Location: Generally located at northwest corner of Ocean Avenue and Federal Highway,
extending north to Boynton Beach Boulevard and Federal Highway, extending
west to NE 4th Street and Federal Highway, and south to approximately one-
half block north of Ocean Avenue (Exhibit A).
Site Details: The applicant has submitted development applications for a Rezoning, New
Major Site Plan, and Master Plan, four (4) Community Design Appeals, one
Height Exception, and three (3)Abandonments for a mixed-use project known as
The Pierce, which proposes an eight-story mixed-use building with 300 multi-
family units, approximately 17,089 square feet of commercial space, recreational
amenities, parking, and other related site improvements. The total area of the
subject properties is 3.04 acres.
BACKGROUND AND ANALYSIS
The application submitted for the Community Design Appeal (CDPA 22-002, 23-006, 23-007, 23-
008) is pursuant to Chapter 4, Article Ill, Section 6.F.2.c, Freestanding Parking Garages of the
Land Development Regulations (LDR), which prohibits the freestanding parking garage from
fronting an arterial or collector roadway.
The Pierce (CDPA 22-002, 23-006, 23-007, 23-008)
Memorandum No PZ 23-011
Page 2
Any deviation from the exterior building and site design standards is subject to review and
approval by the City Commission. As described, the freestanding parking garage is proposed
to front NE 4th Street, classified as a collector roadway in the Comprehensive Plan of the City
of Boynton Beach, and accordingly, is the subject of this appeal request. The applicant has
submitted a Justification Statement for each elevation of the parking garage (Exhibits B.1, B.2,
B.3, & B.4) addressing each of the following review criteria:
a) Whether the proposed request will demonstrate consistency with the Comprehensive
Plan;
b) Whether the proposed request will not significantly detract from the livability or
appearance of the city and will be consistent with the established or desired character of
the area, or with the redevelopment plan. where applicable;
c) On balance, whether the proposed request will be consistent with the purpose of the
standard for which a deviation is requested. Granting the request will equally or better
meet the purpose of the standard to be appealed;
d) Whether the proposed request is intended to save or preserve existing trees or desired
flora;
e) Whether the proposed request will have adverse environmental impacts that cannot be
prevented by the imposition of conditions;
f) Whether the proposed request will have an adverse impact on property values of abutting
or adjacent land;
g) Whether the proposed request will seriously reduce the quality or quantity of light and air
available to adjacent properties;
h) Whether the proposed request is necessary to further the objectives of the City to assist
with economic development and business promotion; and
i) Whether the proposed request meets the purpose and intent of these regulations but
conflicts with another site development standard or requirement, including sustainable
development and green initiatives.
The proposed building site totals 3.04 acres, with developed commercial properties to the north
and Boynton Beach Boulevard, developed commercial properties to the northeast, Federal
Highway to the east, Dewey Park to the southwest, Ocean Avenue to the south and further
south a multi-family development AKA 500 Ocean, NE 4th Street to the west, and further west
undeveloped property anticipated to be the future site for the Coastal Link Commuter Station.
The proposed mixed-use development is comprised of four (4) structures including two (2) 2-
story restaurants, an eight-floor mixed-use building with the commercial spaces on the ground
floor and 300 multi-family units on all levels, one eight-floor freestanding parking garage, and
private recreational amenities on the ground floor. As shown on the architectural site plan
(Exhibit C.2), the proposed freestanding parking garage is not wrapped with habitable floor
area on any elevation, and all elevations are visible from the streets surrounding the site.
The strict application of the site design standards for a freestanding parking garage, in this
instance, would prohibit the garage from this location due to NE 4th Street's classification as a
collector roadway. This would require the developer to provide an integrated parking garage
wrapped with permitted habitable floor area. However, due to the orientation and geometry of
the site, with Dewey Park located at the southwest corner and the developed commercial
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Report_F Inal.docx
The Pierce (CDPA 22-002, 23-006, 23-007, 23-008)
Memorandum No PZ 23-011
Page 3
properties bordering the eastern and northern property boundaries, providing a freestanding
parking garage allowed the applicant to optimize the amount of available usable open space
for both the public and private residential amenities. Furthermore, pursuant to Part III, Chapter
4, Article VIII, Section 4.b.1 of the Land Development Regulations, the width of NE 4th Street
post land dedication meets the width of a local street (50') rather than a collector street (80').
Therefore, the applicant is proposing the freestanding parking garage to front NE 4th Street and
provide in/egress along the street.
In lieu of providing an integrated parking structure, the applicant proposes alternative
architectural façade treatments on each elevation (Exhibit C.1) of the parking garage to ensure
that the design would resemble habitable floor areas as well as be compatible with the
architectural design of the multi-family residential building. The applicant proposes the following
treatments for each elevation:
North Elevation -The north elevation will incorporate the following architectural design features:
window openings with metal framing matching the design of the windows used for the multi-
family units, raked stucco, varying roof height, a blank area on the wall to serve as a plane for
movie night projections, and vertical landscaping at the base with trees at varying heights to
further screen the north elevation;
East Elevation — The east elevation will feature raked stucco, metal window framing (no
openings) matching the design of the windows used for the multi-family units, planter boxes
with bougainvillea plants on levels two (2) and three (3), vertical landscaping at the base with
trees at varying heights to further screen the east elevation. The landscape scheme provided
on the east elevation represents a modified urban landscape buffer type 2, which the applicant
has submitted a relief application requesting a variance (ZNCV 23-002) to the standards of the
urban landscape buffer type 2. Finally, Staff is requiring, as a condition of this Community
Design Appeal and of the requested variance that the applicant install an irrigated green wall
or similar treatment (Exhibit D — Conditions of Approval).
South Elevation — The south elevation will include window openings with metal framing
matching the design of the windows used for the multi-family units, raked stucco, accent
banding, a portion of the perforated metal screen with a mural design wrapped around the
southwest corner of the building from the west elevation extending from the second floor to the
top floor level, and a bike and city map themed mural on the ground floor at the southwest
corner;
West Elevation — The west elevation will include a perforated metal screen extending from the
second-floor level to the top floor with a mural and "Welcome to Boynton Beach", bike and city
map themed mural, vine screens, a replica of the Harvey E Oyer Jr. Real Estate mural on the
ground level, window openings with metal framing matching the design of the windows used
for the multi-family units, raked scoring, and accent banding.
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Report_FInal.docx
The Pierce (CDPA 22-002, 23-006, 23-007, 23-008)
Memorandum No PZ 23-011
Page 4
These proposed architectural features and landscape material will allow the parking garage
elevations to appear as habitable spaces and remain consistent with the architectural design
of the multi-family building.
RECOMMENDATION
Staff has reviewed the requests for the Community Design Appeals and recommends DENIAL
based on recommendation of denial for the associated variance request ZNCV 23-002.
However, should the City Commission approve the applicant's request for a variance for relief
from Part III, Chapter 4, Article II, Section 4.B.3.c Urban Landscape Buffer (Type 2); then staff
recommends APPROVAL based on the analysis contained herein, contingent upon City
Commission approval of concurrent requests for the New Site Plan, New Master Plan,
Rezoning, and Abandonment applications, and satisfying all comments indicated in Exhibit D
— Conditions of Approval. Any additional conditions recommended by the Board or City
Commission shall be documented accordingly in the Exhibit D.
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Report_Flnal.docx
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Exhibit B.1 Page 11
Project Narrative- The Pierce, Community Design Appeal, North Elevation
This application for Community Design Appeal for the North Elevation of the parking garage is
submitted on behalf of BB QOZ, LLC (the "Applicant") pursuant to Section 4.B of the Boynton
Beach, FL Code of Ordinances, Part III Land Development Regulations (the"Land Development
Regulations") Chapter 2, Article II. Applications for Rezoning, New Master Plan, New Major
Site Plan, Abandonments, Height Exception, and additional Community Design Appeals for the
other three elevations of the parking garage are being submitted concurrently.
Specifically,the request is for a deviation from Section 6.F S.2.c of Chapter 4,Article III("Exterior
Building and Site Design Standards") of the Land Development Regulations. This appeal is being
requested for processing concurrent with the New Major Site Plan Application for The Pierce. The
Code provides for the Community Design Appeal process to allow for flexibility and alternative
ways to meet the intent of the Code to yield high quality design, architectural detail, and visual
interest without negative impacts to the subject site or surrounding properties. As shown in the
plans submitted for site plan approval, the proposed design complies with this standard.
Section 6.F.2.c states that freestanding parking garages are allowed within the Mixed-Use(Urban)
Districts provided they do not have frontage on any arterial or collector roadway. It also states that
parking garages that front on arterial or collector roadways must be integrated into the development
and designed as provided for in Section 6.F.2.d.
Based on the traffic engineer's read of the definitions of arterial and collector roadways in the
Land Development Regulations, Applicant originally thought that 4th Street would not be
classified as an arterial or collector roadway. Accordingly, the design contained a freestanding
parking garage. Since 4th Street does in fact qualify as an arterial or collector roadway, Applicant
is submitting this application for a Community Design Appeal.
The intent of the affected standard is to soften the impact of the garage and provide for continuity
in street-level activity. The proposed design meets this intent due to the screening and façade
treatment provided as well as the provision a public bike share station component to the 4th street
frontage. The design is compatible with the architecture of the adjacent structures within the
development.
Vertical landscaping at the base will be used to soften the impact and improve the appearance.
There will also be a lush landscape buffer. The design of the windows and the color tones will
match the multi-family building. There will be a large area to serve as a spot for projecting movie
nights as well as public events in the open space area in between Hurricane Alley and the parking
structure.
As described above, the proposed design would not diminish the practical application of the
affected standard. Accordingly, an acceptable design will result.
The Pierce-Community Design Appeal, North Elevation Page 12
A. Consistency With the Comprehensive Plan
The Future Land Use Designation of the property is Mixed-Use High (MXH), and the proposed
use is consistent with an MXH designation. MXH is intended to provide for vertical or horizontal
mixing of land uses within a single site in order to allow development and redevelopment in
specific geographic areas of the City that take maximum advantage of existing utility systems and
services; promote compact development, safe and pedestrian-friendly streets, and transportation
choices. As this property is located East of I-95, the Comprehensive Plan specifically
contemplates a high-density residential development. Accordingly, the proposed project is
consistent with the Comprehensive Plan in that it is a high-density residential development.
The proposed request is also consistent with various objectives and policies in the Future Land
Use Element of the Comprehensive Plan, including but not limited to the following:
- Comprehensive Plan, Future Land Use Element, Objective 1.8: This is a compact project
that promotes a compact urban development pattern and discourages sprawl.
- Comprehensive Plan, Future Land Use Element, Policy 1.11.1: Provides multi-family
rental housing for a broad range of income groups.
- Comprehensive Plan, Future Land Use Element, Objective 1.12 and Policy 1.12.1:
Provides workforce housing to maintain a diversified and sustainable City having character
and sense of community where people can live and work in the same area.
B. Livability, Appearance, Character
The proposed request will not significantly detract from the livability or appearance of the city and
will be consistent with the established or desired character of the area, or with the redevelopment
plan, where applicable.
C. Consistency with the Purpose of the Standard
The proposed request will be consistent with the purpose of the standard for which a deviation is
requested. Granting the request will equally or better meet the purpose of the standard to be
appealed. The proposed design has elements that soften the garage and integrate it into the
development.
The intent of the requirement is to integrate the garage into the development to minimize the visual
impact of the garage. Although not fully connected, the garage has a number of features that tie it
in to the development. On the North elevation,these features include window openings that match
the multi-family building. Accent banding, exterior material colors that also match the multi-
family building
D. Trees or Fauna
A robust landscape buffer with hedges, groundcover and large palm trees lines the entire north
façade.
The Pierce-Community Design Appeal, North Elevation Page 13
E. Environmental Impacts
The proposed request will not have adverse environmental impacts. To the contrary, it will have
positive environmental impacts by allowing for the proposed development,which has a number of
environmentally friendly features, including open space that exceeds the minimum for the
development by over 30%. An enclosed parking structure minimizes negative impact of street
parking spaces and the entire façade conceals the appearance of vehicles completely. An entirely
white exterior façade helps to reduce heat island impacts. Heat island impact is reduced as well by
utilizing structured parking, rather than surface parking.
F. Impact on Property Values
The proposed request will not have an adverse impact on property values of abutting or adjacent
land. In fact, we expect it to positively impact property values by housing over 400 new residents
with disposable incomes to help support nearby businesses. The Pierce will add 300 apartment
units with state-of-the-art amenities, secure resident parking, interactive public spaces, restaurant,
retail and office use including public parking. The Pierce will create a new live-work-play
destination in East Boynton Beach, and by helping catalyze the area, will significantly increase
property values. Hurricane Alley will be relocated to the SE corner of E Boynton Beach Blvd and
NE 4th Street which will offer outdoor seating and dynamic public outdoor space which activates
the corner of the street and helps anchor the development along Boynton Beach Boulevard. This
mainstay business will positively impact property values by legitimizing Boynton Beach
Boulevard as a main commercial corridor
G. Light and Air
The proposed request will not seriously reduce the quality or quantity of light and air available to
adjacent properties. The building is naturally ventilated, allowing for air to flow freely through it.
Light is minimally impacted as the garage is oriented east-west, and the majority of daytime
shadow will be cast internally onto the development itself rather than adjacent properties.
H. Objectives of the City
Local Spending/Economic Development:
The Pierce is adding 300 new households to the community and over 17,000 SF of
restaurant/retail/office space which will greatly contribute to the local area spending, business
development and investment.
Our resident population is comprised of mostly young professionals whose households generate
$30K per year in local spending. New residents provide a new client base with disposable income
for existing merchants and businesses. The Pierce brings in private investments, benefitting local
consultants, workers and tradesman. The addition of a new building will cause landlords to invest
The Pierce-Community Design Appeal, North Elevation Page 14
their resources in improving their properties and create the potential for redevelopment of nearby
commercial properties in order to keep pace.
Workforce Housing:
The Pierce is the first luxury apartment building constructed in east Boynton Beach with Class A
features and amenities at an attainable price-point for the City's workforce. As a mixed-income
housing development, all tenants will benefit from the same luxury finishes and amenities,
regardless of income. The restricted units will be split into tiers where 3.8% of the total units are
rented to tenants that earn between 60%-80% of the AMI; 23.1% rented to tenants that earn
between 80%-100% of the AMI; 23.1% rented to tenants that earn between l00%-120% of the
AMI; and the remaining total rental units being unrestricted. A portion of the units will maintain
affordability into perpetuity.
Public Parking:
The developer has entered into an agreement with the CRA to provide 150 parking spaces located
in the Parking Garage for the use by the general public for enhancement of the downtown in
furtherance of the CRA's 2016 Community Redevelopment Plan.
Relocation of Existing Businesses (Hurricane Alley):
Hurricane Alley restaurant and bar will be relocated to a new 4,500SF building along Boynton
Beach Boulevard. This agreement between the developer and the restaurant owner ensures the
longevity of this institution and maintains jobs for its employees. Hurricane Alley will front one
of Boynton Beach's primary commercial corridors and serve as an anchor to the development
establishing a vibrant presence on the north edge of the property.
Creation of New Tax Base:
The project will be constructed on underutilized and largely vacant property, which creates very
little property tax generation to the City. The investment will create a substantial amount of new
tax revenue for the City.
I. Other Standards and Requirements
The proposed request does not present any conflicts with other site development standards and
requirements. The development will meet the sustainability criteria, as described in the Master
Plan and Site Plan narratives.
Exhibit B.2 Page 11
Project Narrative-The Pierce, Community Design Appeal, East Elevation
This application for Community Design Appeal for the East Elevation of the parking garage is
submitted on behalf of BB QOZ, LLC (the "Applicant") pursuant to Section 4.B of the Boynton
Beach, FL Code of Ordinances, Part III Land Development Regulations (the "Land Development
Regulations") Chapter 2, Article II. Applications for Rezoning, New Master Plan, New Major
Site Plan, Abandonments, Height Exception, and additional Community Design Appeals for the
other three elevations of the parking garage are being submitted concurrently.
Specifically,the request is for a deviation from Section 6.F S.2.c of Chapter 4,Article III("Exterior
Building and Site Design Standards") of the Land Development Regulations. This appeal is being
requested for processing concurrent with the New Major Site Plan Application for The Pierce. The
Code provides for the Community Design Appeal process to allow for flexibility and alternative
ways to meet the intent of the Code to yield high quality design, architectural detail, and visual
interest without negative impacts to the subject site or surrounding properties. As shown in the
plans submitted for site plan approval, the proposed design complies with this standard.
Section 6.F.2.c states that freestanding parking garages are allowed within the Mixed-Use (Urban)
Districts provided they do not have frontage on any arterial or collector roadway. It also states that
parking garages that front on arterial or collector roadways must be integrated into the development
and designed as provided for in Section 6.F.2.d.
Based on the traffic engineer's read of the definitions of arterial and collector roadways in the
Land Development Regulations, Applicant originally thought that 4th Street would not be
classified as an arterial or collector roadway. Accordingly, the design contained a freestanding
parking garage. Since 4th Street does in fact qualify as an arterial or collector roadway, Applicant
is submitting this application for a Community Design Appeal.
The intent of the affected standard is to soften the impact of the garage and provide for continuity
in street-level activity. The proposed design meets this intent due to the screening and façade
treatment provided as well as the provision of a public bike share station component to the 4th
street frontage. The design is compatible with the architecture of the adjacent structures within the
development.
Vertical landscaping at the base will be used to soften the impact and improve the appearance.
The color tones will match the multi-family building. Despite not having openings on this
elevation, the same window trims, and stucco treatments will be applied so that the appearance
matches the rest of the façade.
As described above, the proposed design would not diminish the practical application of the
affected standard. Accordingly, an acceptable design will result.
The Pierce-Community Design Appeal, East Elevation Page 12
A. Consistency With the Comprehensive Plan
The Future Land Use Designation of the property is Mixed-Use High (MXH), and the proposed
use is consistent with an MXH designation. MXH is intended to provide for vertical or horizontal
mixing of land uses within a single site in order to allow development and redevelopment in
specific geographic areas of the City that take maximum advantage of existing utility systems and
services; promote compact development, safe and pedestrian-friendly streets, and transportation
choices. As this property is located East of I-95, the Comprehensive Plan specifically
contemplates a high-density residential development. Accordingly, the proposed project is
consistent with the Comprehensive Plan in that it is a high-density residential development.
The proposed request is also consistent with various objectives and policies in the Future Land
Use Element of the Comprehensive Plan, including but not limited to the following:
- Comprehensive Plan, Future Land Use Element, Objective 1.8: This is a compact project
that promotes a compact urban development pattern and discourages sprawl.
- Comprehensive Plan, Future Land Use Element, Policy 1.11.1: Provides multi-family
rental housing for a broad range of income groups.
- Comprehensive Plan, Future Land Use Element, Objective 1.12 and Policy 1.12.1:
Provides workforce housing to maintain a diversified and sustainable City having character
and sense of community where people can live and work in the same area.
B. Livability, Appearance, Character
The proposed request will not significantly detract from the livability or appearance of the city and
will be consistent with the established or desired character of the area, or with the redevelopment
plan, where applicable.
C. Consistency with the Purpose of the Standard
The proposed request will be consistent with the purpose of the standard for which a deviation is
requested. Granting the request will equally or better meet the purpose of the standard to be
appealed. The proposed design has elements that soften the garage and integrate it into the
development.
The intent of the requirement is to integrate the garage into the development to minimize the visual
impact of the garage. Although not fully connected,the garage has a number of features that tie it
in to the development. On the East elevation, these features include window openings that match
the multi-family building. Accent banding, exterior material colors that also match the multi-
family building
D. Trees or Fauna
A modified urban landscape buffer has been applied to this façade, including continuous hedges,
tall palm and cocoplum trees spaced at approximately 10'-0" on center. The first three levels of
The Pierce-Community Design Appeal, East Elevation Page 13
the east façade will also incorporate a green treatment in the form of planter boxes with lush
bougainvillea with an integrated drip irrigation system to maintain longevity of the proposed fauna.
E. Environmental Impacts
The proposed request will not have adverse environmental impacts. To the contrary, it will
have positive environmental impacts by allowing for the proposed development, which has a
number of environmentally friendly features, including open space that exceeds the minimum
for the development by over 30%. An enclosed parking structure minimizes negative impact
of street parking spaces and the entire façade conceals the appearance of vehicles completely.
An entirely white exterior façade helps to reduce heat island impacts. Heat island impact is
reduced as well by utilizing structured parking, rather than surface parking.
F. Impact on Property Values
The proposed request will not have an adverse impact on property values of abutting or adjacent
land. In fact, we expect it to positively impact property values by housing over 400 new residents
with disposable incomes to help support nearby businesses. The Pierce will add 300 apartment
units with state-of-the-art amenities, secure resident parking, interactive public spaces, restaurant,
retail and office use including public parking. The Pierce will create a new live-work-play
destination in East Boynton Beach, and by helping catalyze the area, will significantly increase
property values. Hurricane Alley will be relocated to the SE corner of E Boynton Beach Blvd and
NE 4`" Street which will offer outdoor seating and dynamic public outdoor space which activates
the corner of the street and helps anchor the development along Boynton Beach Boulevard. This
mainstay business will positively impact property values by legitimizing Boynton Beach
Boulevard as a main commercial corridor
G. Light and Air
The proposed request will not seriously reduce the quality or quantity of light and air available
to adjacent properties. The building is naturally ventilated, allowing for air to flow freely
through it. Light is minimally impacted as the garage is oriented east-west, and the majority of
daytime shadow will be cast internally onto the development itself rather than adjacent
properties.
H. Objectives of the City
Local Spending/Economic Development:
The Pierce is adding 300 new households to the community and over 17,000 SF of
restaurant/retail/office space which will greatly contribute to the local area spending, business
development and investment.
Our resident population is comprised of mostly young professionals whose households generate
$30K per year in local spending. New residents provide a new client base with disposable income
The Pierce-Community Design Appeal, East Elevation Page 14
for existing merchants and businesses. The Pierce brings in private investments, benefitting local
consultants, workers and tradesman. The addition of a new building will cause landlords to invest
their resources in improving their properties and create the potential for redevelopment of nearby
commercial properties in order to keep pace.
Workforce Housing:
The Pierce is the first luxury apartment building constructed in east Boynton Beach with Class A
features and amenities at an attainable price-point for the City's workforce. As a mixed-income
housing development, all tenants will benefit from the same luxury finishes and amenities,
regardless of income. The restricted units will be split into tiers where 3.8% of the total units are
rented to tenants that earn between 60%-80% of the AMI; 23.1% rented to tenants that earn
between 80%-100% of the AMI; 23.1% rented to tenants that earn between 100%-120% of the
AMI; and the remaining total rental units being unrestricted. A portion of the units will maintain
affordability into perpetuity.
Public Parking:
The developer has entered into an agreement with the CRA to provide 150 parking spaces located
in the Parking Garage for the use by the general public for enhancement of the downtown in
furtherance of the CRA's 2016 Community Redevelopment Plan.
Relocation of Existing Businesses (Hurricane Alley):
Hurricane Alley restaurant and bar will be relocated to a new 4,500 SF building along Boynton
Beach Boulevard. This agreement between the developer and the restaurant owner ensures the
longevity of this institution and maintains jobs for its employees. Hurricane Alley will front one
of Boynton Beach's primary commercial corridors and serve as an anchor to the development
establishing a vibrant presence on the north edge of the property.
Creation of New Tax Base:
The project will be constructed on underutilized and largely vacant property, which creates very
little property tax generation to the City. The investment will create a substantial amount of new
tax revenue for the City.
I. Other Standards and Requirements
The proposed request does not present any conflicts with other site development standards and
requirements. The development will meet the sustainability criteria, as described in the Master
Plan and Site Plan narratives.
Exhibit B.3 Page 11
Project Narrative-The Pierce, Community Design Appeal, South Elevation
This application for Community Design Appeal for the South Elevation of the parking garage is
submitted on behalf of BB QOZ, LLC (the "Applicant") pursuant to Section 4.B of the Boynton
Beach, FL Code of Ordinances, Part III Land Development Regulations (the "Land Development
Regulations") Chapter 2, Article II. Applications for Rezoning, New Master Plan, New Major
Site Plan, Abandonments, Height Exception, and additional Community Design Appeals for the
other three elevations of the parking garage are being submitted concurrently.
Specifically,the request is for a deviation from Section 6.F S.2.c of Chapter 4,Article III("Exterior
Building and Site Design Standards") of the Land Development Regulations. This appeal is being
requested for processing concurrent with the New Major Site Plan Application for The Pierce. The
Code provides for the Community Design Appeal process to allow for flexibility and alternative
ways to meet the intent of the Code to yield high quality design, architectural detail, and visual
interest without negative impacts to the subject site or surrounding properties. As shown in the
plans submitted for site plan approval, the proposed design complies with this standard.
Section 6.F.2.c states that freestanding parking garages are allowed within the Mixed-Use(Urban)
Districts provided they do not have frontage on any arterial or collector roadway. It also states that
parking garages that front on arterial or collector roadways must be integrated into the development
and designed as provided for in Section 6.F.2.d.
Based on the traffic engineer's read of the definitions of arterial and collector roadways in the
Land Development Regulations, Applicant originally thought that 4th Street would not be
classified as an arterial or collector roadway. Accordingly, the design contained a freestanding
parking garage. Since 4th Street does in fact qualify as an arterial or collector roadway, Applicant
is submitting this application for a Community Design Appeal.
As described above, the proposed design would not diminish the practical application of the
affected standard. Accordingly, an acceptable design will result.
A. Consistency With the Comprehensive Plan
The Future Land Use Designation of the property is Mixed-Use High (MXH), and the proposed
use is consistent with an MXH designation. MXH is intended to provide for vertical or horizontal
mixing of land uses within a single site in order to allow development and redevelopment in
specific geographic areas of the City that take maximum advantage of existing utility systems and
services; promote compact development, safe and pedestrian-friendly streets, and transportation
choices. As this property is located East of 1-95, the Comprehensive Plan specifically
contemplates a high-density residential development. Accordingly, the proposed project is
consistent with the Comprehensive Plan in that it is a high-density residential development.
The proposed request is also consistent with various objectives and policies in the Future Land
Use Element of the Comprehensive Plan, including but not limited to the following:
The Pierce-Community Design Appeal, South Elevation Page 12
- Comprehensive Plan, Future Land Use Element, Objective 1.8: This is a compact project
that promotes a compact urban development pattern and discourages sprawl.
- Comprehensive Plan, Future Land Use Element, Policy 1.11.1: Provides multi-family
rental housing for a broad range of income groups.
- Comprehensive Plan, Future Land Use Element, Objective 1.12 and Policy 1.12.1:
Provides workforce housing to maintain a diversified and sustainable City having character
and sense of community where people can live and work in the same area.
B. Livability, Appearance, Character
The proposed request will not significantly detract from the livability or appearance of the city and
will be consistent with the established or desired character of the area, or with the redevelopment
plan, where applicable.
C. Consistency with the Purpose of the Standard
The proposed request will be consistent with the purpose of the standard for which a deviation is
requested. Granting the request will equally or better meet the purpose of the standard to be
appealed. The proposed design has elements that soften the garage and integrate it into the
development through architectural enhancement and high-quality exterior materials
The intent of the requirement is to integrate the garage into the development to minimize the visual
impact of the garage. Although not fully connected, the garage has a number of features that tie it
in to the development. On the South elevation,these features include window openings that match
the multi-family building. Accent banding, exterior material colors that also match the multi-
family building
D. Trees or Fauna
There is no proposed landscape along the South façade as it faces an internal loading courtyard.
E. Environmental Impacts
The proposed request will not have adverse environmental impacts. To the contrary,it will
have positive environmental impacts by allowing for the proposed development,which has
a number of environmentally friendly features, including open space that exceeds the
minimum for the development by over 30%. An enclosed parking structure minimizes
negative impact of street parking spaces and the entire façade conceals the appearance of
vehicles completely. An entirely white exterior façade helps to reduce heat island impacts.
Heat island impact is reduced as well by utilizing structured parking, rather than surface
parking.
F. Impact on Property Values
The proposed request will not have an adverse impact on property values of abutting or adjacent
land. In fact, we expect it to positively impact property values by housing over 400 new residents
The Pierce-Community Design Appeal, South Elevation Page 13
with disposable incomes to help support nearby businesses. The Pierce will add 300 apartment
units with state-of-the-art amenities, secure resident parking, interactive public spaces, restaurant,
retail and office use including public parking. The Pierce will create a new live-work-play
destination in East Boynton Beach, and by helping catalyze the area, will significantly increase
property values. Hurricane Alley will be relocated to the SE corner of E Boynton Beach Blvd and
NE 4th Street which will offer outdoor seating and dynamic public outdoor space which activates
the corner of the street and helps anchor the development along Boynton Beach Boulevard. This
mainstay business will positively impact property values by legitimizing Boynton Beach
Boulevard as a main commercial corridor
G. Light and Air
The proposed request will not seriously reduce the quality or quantity of light and air
available to adjacent properties. The building is naturally ventilated, allowing for air to
flow freely through it. Light is minimally impacted as the garage is oriented east-west, and
the majority of daytime shadow will be cast internally onto the development itself rather
than adjacent properties.
Objectives of the City
Local Spending/Economic Development:
The Pierce is adding 300 new households to the community and over 17,000 SF of
restaurant/retail/office space which will greatly contribute to the local area spending, business
development and investment.
Our resident population is comprised of mostly young professionals whose households generate
$30K per year in local spending. New residents provide a new client base with disposable income
for existing merchants and businesses. The Pierce brings in private investments, benefitting local
consultants,workers and tradesman. The addition of a new building will cause landlords to invest
their resources in improving their properties and create the potential for redevelopment of nearby
commercial properties in order to keep pace.
Workforce Housing:
The Pierce is the first luxury apartment building constructed in east Boynton Beach with Class A
features and amenities at an attainable price-point for the City's workforce. As a mixed-income
housing development, all tenants will benefit from the same luxury finishes and amenities,
regardless of income. The restricted units will be split into tiers where 3.8% of the total units are
rented to tenants that earn between 60%- 80% of the AMI; 23.1% rented to tenants that earn
between 80%- 100% of the AMI; 23.1% rented to tenants that earn between 100%-120% of the
AMI; and the remaining total rental units being unrestricted. A portion of the units will maintain
affordability into perpetuity.
Public Parking:
The Pierce-Community Design Appeal, South Elevation Page 14
The developer has entered into an agreement with the CRA to provide 150 parking spaces located
in the Parking Garage for the use by the general public for enhancement of the downtown in
furtherance of the CRA's 2016 Community Redevelopment Plan.
Relocation of Existing Businesses (Hurricane Alley):
Hurricane Alley restaurant and bar will be relocated to a new 4,500SF building along Boynton
Beach Boulevard. This agreement between the developer and the restaurant owner ensures the
longevity of this institution and maintains jobs for its employees. Hurricane Alley will front one
of Boynton Beach's primary commercial corridors and serve as an anchor to the development
establishing a vibrant presence on the north edge of the property.
Creation of New Tax Base:
The project will be constructed on underutilized and largely vacant property, which creates very
little property tax generation to the City. The investment will create a substantial amount of new
tax revenue for the City.
H. Other Standards and Requirements
The proposed request does not present any conflicts with other site development standards and
requirements. The development will meet the sustainability criteria, as described in the Master
Plan and Site Plan narratives.
Exhibit B.4 Page 11
Project Narrative- The Pierce, Community Design Appeal, West Elevation
This application for Community Design Appeal for the West Elevation of the parking garage is
submitted on behalf of BB QOZ, LLC (the "Applicant") pursuant to Section 4.B of the Boynton
Beach, FL Code of Ordinances, Part III Land Development Regulations (the "Land Development
Regulations") Chapter 2, Article II. Applications for Rezoning, New Master Plan, New Major
Site Plan, Abandonments, Height Exception, and additional Community Design Appeals for the
other three elevations of the parking garage are being submitted concurrently.
Specifically,the request is for a deviation from Section 6.F S.2.c of Chapter 4,Article III("Exterior
Building and Site Design Standards") of the Land Development Regulations. This appeal is being
requested for processing concurrent with the New Major Site Plan Application for The Pierce. The
Code provides for the Community Design Appeal process to allow for flexibility and alternative
ways to meet the intent of the Code to yield high quality design, architectural detail, and visual
interest without negative impacts to the subject site or surrounding properties. As shown in the
plans submitted for site plan approval, the proposed design complies with this standard.
Section 6.F.2.c states that freestanding parking garages are allowed within the Mixed-Use(Urban)
Districts provided they do not have frontage on any arterial or collector roadway. It also states that
parking garages that front on arterial or collector roadways must be integrated into the development
and designed as provided for in Section 6.F.2.d.
Based on the traffic engineer's read of the definitions of arterial and collector roadways in the
Land Development Regulations, Applicant originally thought that 4th Street would not be
classified as an arterial or collector roadway. Accordingly, the design contained a freestanding
parking garage. Since 4t'' Street does in fact qualify as an arterial or collector roadway, Applicant
is submitting this application for a Community Design Appeal.
The intent of the affected standard is to soften the impact of the garage and provide for continuity
in street-level activity. The proposed design meets this intent due to the screening and façade
treatment provided as well as the provision of a public bike share station component to the 4th
street frontage. The design is compatible with the architecture of the adjacent structures within the
development.
The base of the parking garage will have a bike-themed and city map mural element at the base,
along with decorative metal fencing. Additionally, on the South elevation,there will be horizontal
projections and overhangs on the second floor to provide shading over a portion of the pedestrian
walkways.
On the primary corners of the parking garage, there will be a vertical perforated metal screen with
a "Welcome to Boynton Beach" image that is integrated within the screen element. The screen
will also have imagery of sailfish to match the City crest. This goes all the way up from the second
floor of the building to mimic the corner projections on the multi-family building. The sign will
serve as a landmark and placemaking tool for visitors as they enter the City. An artist will also
recreate the existing historic Harvey E. Oyer Insurance sign at ground level.
The Pierce-Community Design Appeal, West Elevation Page (2
As described above, the proposed design would not diminish the practical application of the
affected standard. Accordingly, an acceptable design will result.
A. Consistency With the Comprehensive Plan
The Future Land Use Designation of the property is Mixed-Use High (MXH), and the proposed
use is consistent with an MXH designation. MXH is intended to provide for vertical or horizontal
mixing of land uses within a single site in order to allow development and redevelopment in
specific geographic areas of the City that take maximum advantage of existing utility systems and
services; promote compact development, safe and pedestrian-friendly streets, and transportation
choices. As this property is located East of I-95, the Comprehensive Plan specifically
contemplates a high-density residential development. Accordingly, the proposed project is
consistent with the Comprehensive Plan in that it is a high-density residential development.
The proposed request is also consistent with various objectives and policies in the Future Land
Use Element of the Comprehensive Plan, including but not limited to the following:
- Comprehensive Plan, Future Land Use Element, Objective 1.8: This is a compact project
that promotes a compact urban development pattern and discourages sprawl.
- Comprehensive Plan, Future Land Use Element, Policy 1.11.1: Provides multi-family
rental housing for a broad range of income groups.
- Comprehensive Plan, Future Land Use Element, Objective 1.12 and Policy 1.12.1:
Provides workforce housing to maintain a diversified and sustainable City having character
and sense of community where people can live and work in the same area.
B. Livability, Appearance, Character
The proposed request will not significantly detract from the livability or appearance of the city and
will be consistent with the established or desired character of the area, or with the redevelopment
plan, where applicable.
C. Consistency with the Purpose of the Standard
The proposed request will be consistent with the purpose of the standard for which a deviation is
requested. Granting the request will equally or better meet the purpose of the standard to be
appealed. The proposed design has elements that soften the garage and integrate it into the
development.
The intent of the requirement is to integrate the garage into the development to minimize the visual
impact of the garage. Although not fully connected, the garage has a number of features that tie it
in to the development. On the West elevation, these features include window openings that match
the multi-family building. Accent banding, exterior material colors that also match the multi-
family building
D. Trees or Fauna
Design The Pierce-CommunityAppeal,West Elevation Page 13
Street trees and a green screen along the base of a portion of the garage is located on the west side
E. Environmental Impacts
The proposed request will not have adverse environmental impacts. To the contrary,it will
have positive environmental impacts by allowing for the proposed development,which has
a number of environmentally friendly features, including open space that exceeds the
minimum for the development by over 30%. An enclosed parking structure minimizes
negative impact of street parking spaces and the entire façade conceals the appearance of
vehicles completely. An entirely white exterior façade helps to reduce heat island impacts.
Heat island impact is reduced as well by utilizing structured parking, rather than surface
parking.
F. Impact on Property Values
The proposed request will not have an adverse impact on property values of abutting or adjacent
land. In fact, we expect it to positively impact property values by housing over 400 new residents
with disposable incomes to help support nearby businesses. The Pierce will add 300 apartment
units with state-of-the-art amenities, secure parking, interactive public spaces, restaurant, retail
and office use including public parking. The Pierce will create a new live-work-play destination
in East Boynton Beach, and by helping catalyze the area, will significantly increase property
values. Hurricane Alley will be relocated to the SE corner of E Boynton Beach Blvd and NE 4th
Street which will offer outdoor seating and dynamic public outdoor space which activates the
corner of the street and helps anchor the development along Boynton Beach Boulevard. This
mainstay business will positively impact property values by legitimizing Boynton Beach
Boulevard as a main commercial corridor
G. Light and Air
The proposed request will not seriously reduce the quality or quantity of light and air
available to adjacent properties. The building is naturally ventilated, allowing for air to
flow freely through it. Light is minimally impacted as the garage is oriented east-west, and
the majority of daytime shadow will be cast internally onto the development itself rather
than adjacent properties.
H. Objectives of the City
Local Spending/Economic Development:
The Pierce is adding 300 new households to the community and over 17,000 SF of
restaurant/retail/office space which will greatly contribute to the local area spending, business
development and investment.
The Pierce-Community Design Appeal,West Elevation Page 14
Our resident population is comprised of mostly young professionals whose households generate
$30K per year in local spending.New residents provide a new client base with disposable income
for existing merchants and businesses. The Pierce brings in private investments, benefitting local
consultants,workers and tradesman. The addition of a new building will cause landlords to invest
their resources in improving their properties and create the potential for redevelopment of nearby
commercial properties in order to keep pace.
Workforce Housing:
The Pierce is the first luxury apartment building constructed in east Boynton Beach with Class A
features and amenities at an attainable price-point for the City's workforce. As a mixed-income
housing development, all tenants will benefit from the same luxury finishes and amenities,
regardless of income. The restricted units will be split into tiers where 3.8% of the total units are
rented to tenants that earn between 60%- 80% of the AMI; 23.1% rented to tenants that earn
between 80%- 100% of the AMI; 23.1% rented to tenants that earn between 100%-120% of the
AMI; and the remaining total rental units being unrestricted. A portion of the units will maintain
affordability into perpetuity.
Public Parking:
The developer has entered into an agreement with the CRA to provide 150 parking spaces located
in the Parking Garage for the use by the general public for enhancement of the downtown in
furtherance of the CRA's 2016 Community Redevelopment Plan.
Relocation of Existing Businesses (Hurricane Alley):
Hurricane Alley restaurant and bar will be relocated to a new 4,500SF building along Boynton
Beach Boulevard. This agreement between the developer and the restaurant owner ensures the
longevity of this institution and maintains jobs for its employees. Hurricane Alley will front one
of Boynton Beach's primary commercial corridors and serve as an anchor to the development
establishing a vibrant presence on the north edge of the property.
Creation of New Tax Base:
The project will be constructed on underutilized and largely vacant property, which creates very
little property tax generation to the City. The investment will create a substantial amount of new
tax revenue for the City.
I. Other Standards and Requirements
The proposed request does not present any conflicts with other site development standards and
requirements. The development will meet the sustainability criteria, as described in the Master
Plan and Site Plan narratives.
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