LEGAL APPROVAL
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PLANNING DEPARTMENT MEMORANDUM NO. 91-079
(AGENDA MEMORANDUM)
TO:
J. scott Miller, city Manager
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Christopher cutro, planning Director
FROM:
DATE:
April 10, 1991
SUBJECT:
Use Approval (Pursuant to APpendix A-Zoning, Sec. 7.E.)
Boynton Commercenter P.I.D
Please place the referenced item on the city Commission agenda
for Tuesday, April 16, 1991 under Non-Consent agenda.
DESCRIPTION: Use approval request to amend the list of permitted
uses at the Boynton commercenter P.I.D. to include- relay towers.
RECOMMENDATION: The planning and Zoning Board recommended'
approval of this request.
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C:PM91-079
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ALAN L. GABRIEL
INTE:RNAT:ONAI. 81.0Q. . PE:NTHOUSE EAST
Z"'SS E:AST SUI'<R'SE eOUI.Ev....RO
FT. LACDBRD..to.I.B. PL 33304
~EI.EP..ONE (305) 56'-2230
.-,U (305) 561-7469
March 22, 1991
Christopher cutro, planni..g Director
CITY OF BOYNTON BEACH
city Hall
211 So. Federal Highway
Boynton Beach, FL 33435
RE: PID Use Determination
for BellSouth Mobility
Dear Mr. cutro:
Please be advised that the undersigned represents BellSouth
Mobility Inc. . BellSouth Mobility provides mobile cellular
telephone services to the public in the general south Florida
area, including the city of Boynton Beach. In order to better
serve this geographical area, my client is seeking to construct a
self-supporting communications tower and an unmanned equipment
shelter on a parcel located in the Boynton Commerce Center.
On behalf of my client I am requesting a formal Use Determination
for the Boynton commerce Center PIO that would permit the use as
proposed. The Commerce Center is zoned as a Planned Industrial
Development (PIO). The PIO zoning regulations permit manu-
facturing, light industrial and warehouse uses and specifically
radio/television studios, but does not, however, designate a
communications facility as a permitted use. The permitted uses
are co~patible to the proposed use as an unmanned communications
facility, and the proposed use is compatible to the surrounding
area.
If this use is deemed acceptable, BellSouth Mobility intends to
locate its facility on an approximate 65 ft. X 95 ft. parcel which
is located in the southeast corner of the commerce Center. The
proposed location provides a natural buffer to the surrounding
area in that to the South is the Golf Road (South West 23rd
Avenue) I-95 overpass: to the East is undeveloped park property
bordering I-95; to the North is existing Boynton Commerce center
warehouse buildings; and to the w~st is undeveloped Commerce
Center future warehouse parcels.. .' RECEIV1~:D' .
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PM91-066
-2-
Apr. 4,1991
(E)
and compatibility of the tower with nearby properties, the
proposed location, adjacent to Golf Road, is at least 750 feet
from the residential developments in the area (Leisureville, Golf
View Harbour, High point West Condominiums, Bethesda Park
condominiums and Forest Hills). The proposed tower location is
immediately adj acent to the Seaboard Airline Railway, Golf Road
and the remainder of the P. I. D. which, as is required, has an
existing perimeter buffer. In addition, Golf Road is at an
elevation higher than the height of the one-story industrial
buildings at the southeast corner of the P.I.D. where the tower
is proposed. Another issue that arises with this use relative to
compatibility with nearby properties (especially residential
properties) is the markings required by the Federal Aeronautics
Administration. At this point in the process, the applicant has
not decided what type of markings will be used (strobe, flashing
red lights and/or painting). However, owing to the current
demand for mobile phones necessitating relay towers located near
major highways and the appropriateness of this use for the light
industrial zoned land at the Boynton Corcunercenter, discussed
above, it can be concluded that this use is consistent with the
intent and purpose of the P.I.D. district.
Based on the analysis above regarding the nature of the proposed
use with the performance standards, consistency of the proposed
use with the intent and purpose of the P.I.D. district and
compa tibili ty of the proposed use with the permitted uses ( see.
attached list) which have been approved at the Boynton
commercenter, it is recommended that the list of permitted uses
for the Boynton Commercenter be amended to include relay towers.
J~~.&duv
TAMaRI . HEYDEN
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C:PM91-066
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PLANNING DEPT. MEMORANDUM NO. 91-066
TO: Chairman & Members
Planning & Zoning Board
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THRU: Christopher cutro
Planning Director
FROM: Tambri J. Heyden
Senior city Planner
DATE: April 4, 1991
SUBJECT: Boynton Commercenter - BellSouth Mobility
Use Approval - File No. 585
Alan L.Gabriel is requesting use approval for a relay tower and
unmanned equipment shelter at the Boynton Commercenter, zoned
Planned Industrial Development (PID); see attached
correspondence. The purpose of the proposed use is to establish
communication equipment for BellSouth Mobility, Inc., which
provides mobile cellular telephone services.
According to Appendix A-Zoning, Section 7.E., in approving uses
in the PID, the Planning and Zoning Board shall make findings
that the use proposed will not be in conflict with the
performance standards listed in Section 4.N. of the zoning
regulations, and that the use proposed is consistent with the
intent and purpose of the planned industrial development
district. The proposed use conforms to the performance standards
relative to noise, vibration, smoke, dust, 'or other particulate
matter, odors, fumes, toxic or noxious matter, glare; heat,
humidity, radiation, fire, explosion hazards, liquid waste, and
solid waste.
~
Regarding electromagnetic interference, the performance standards
prohibit any use which causes abnormal degradation of performance
of any electromagnetic receptor of quality and proper design, or
which causes electromagnetic radiation and objectionable
electromagnetic interference with normal radio or television
reception. The City's conununication tower, located along the
east side of Interstate 95, north of the Boynton C-16 Canal, is
far enough away from this proposed tower at the southeast corner
of the Boynton Commercenter industrial development that there
will not be a problem with interference with the City's facility.
There is a very slight possibility, as is the case with any
communication tower, of some interference with radio or
television reception in close proximity to the tower; however,
most radios and televisions are equipped with filters for this
reason.
Regarding the intent and purpose of the P.I.D. district which,
among other things, is to provide a zoning classification for
light industrial development that will better satisfy current
demands for light industrial zoned lands, the M-l, Light
Industrial District, Appendix A, Section 8.A.4.b. permits
~ commercial television, radio and microwave broadcasting or relay
towers as a principal use subject to conditional use approval.
This implies that relay towers are an appropriate light
industrial use subject to certain restrictions or provisions to
mitigate any negative impacts. Of the following standards for
evaluating conditional uses: ingress/egress, parking, refuse and
service areas, utilities, buffering, landscaping, setbacks,
traff ic safety, structure height, economic effects, and
compatibility and harmony with nearby properties, all but the
last two standards listed, will be reviewed when the approval of
the site plan and height exception for the 150 foot tower are
requested. With respect to these two standards, economic effects
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BOYNTON COMMERCENTER - BELLSOUTH MOBILITY
USE APPROVAL
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BOYNTON COMMERCENTER - BELL SOUTH MOBILITY
USE APPROVAL
PLANNING DEPT. MEMORANDUM NO. 91-066
TO: Chairman & Members
Planning & Zoning Board
~~
THRU: Christopher Cutro
Planning Director
FROM: Tambr i J. Heyden
Senior City Planner
DATE: April 4, 1991
SUBJECT: Boynton Commercenter - BellSouth Mobility
Use Approval - File No. 585
Alan L. Gabriel is requesting use approval for a relay tower and
unmanned equipment shelter at the Boynton Commercenter, zoned
Planned Industrial Development (PID); see attached
correspondence. The purpose of the proposed use is to establish
communication equipment for BellSouth Mobility, Inc., which
provides mobile cellular telephone services.
According to Appendix A-Zoning, Section 7.E., in approving uses
in the PID, the Planning and Zoning Board shall make findings
that the use proposed will not be in conflict with the
performance standards listed in Section 4.N. of the zoning
regulations, and that the use proposed is consistent with the
intent and purpose of the planned industrial development
district. The proposed use conforms to the performance standards
relative to noise, vibration, smoke, dust, or other particulate
matter, odors, fumes, toxic or noxious matter, glare, heat,
humidity, radiation, fire, explosion hazards, liquid waste, and
solid waste.
Regarding electromagnetic interference, the performance standards
prohibit any use which causes abnormal degradation of performance
of any electromagnetic receptor of quality and proper design, or
which causes electromagnetic radiation and objectionable
electromagnetic interference with normal radio or television
reception. The City's communication tower, located along the
east side of Interstate 95, north of the Boynton C-16 Canal, is
far enough away from this proposed tower at the southeast corner
of the Boynton Commercenter industrial development that there
will not be a problem with interference with the City's facility.
There is a very slight possibility, as is the case with any
communication tower, of some interference with radio or
television reception in close proximity to the tower; however,
most radios and televisions are equipped with filters for this
reason.
Regarding the intent and purpose of the P.I.D. district which,
among other things, is to provide a zoning classification for
light industrial development that will better satisfy current
demands for light industrial zoned lands, the M-1, Light
Industrial District, Appendix A, Section 8.A.4.b. permits
commercial television, radio and microwave broadcasting or relay
towers as a principal use subject to conditional use approval.
This implies that relay towers are an appropriate light
industrial use subject to certain restrictions or provisions to
mi tigate any negative impacts. Of the following standards for
evaluating conditional uses: ingress/egress, parking, refuse and
service areas, utilities, buffering, landscaping, setbacks,
traffic safety, structure height, economic effects, and
compatibili ty and harmony with nearby properties, all but the
last two standards listed, will be reviewed when the approval of
the site plan and height exception for the 150 foot tower are
requested. With respect to these two standards, economic effects
/
PM91-066
-2-
Apr. 4, 1991
and compatibility of the tower with nearby properties, the
proposed location, adjacent to Golf Road, is at least 750 feet
from the residential developments in the area (Leisureville, Golf
View Harbour, High Point West Condominiums, Bethesda Park
Condominiums and Forest Hills). The proposed tower location is
immediately adjacent to the Seaboard Airline Railway, Golf Road
and the remainder of the P. I . D. which, as is required, has an
existing perimeter buffer. In addition, Golf Road is at an
elevation higher than the height of the one-story industrial
buildings at the southeast corner of the P.I.D. where the tower
is proposed. Another issue that arises with this use relative to
compatibility with nearby properties (especially residential
properties) is the markings required by the Federal Aeronautics
Administration. At this point in the process, the applicant has
not decided what type of markings will be used (strobe, flashing
red lights and/or painting). However, owing to the current
demand for mobile phones necessitating relay towers located near
major highways and the appropriateness of this use for the light
industrial zoned land at the Boynton Commercenter, discussed
above, it can be concluded that this use is consistent with the
intent and purpose of the P.I.D. district.
Based on the analysis above regarding the nature of the proposed
use with the performance standards, consistency of the proposed
use with the intent and purpose of the P.I.D. district and
compatibility of the proposed use with the permitted uses (see
attached list) which have been approved at the Boynton
Commercenter, it is recommended that the list of permitted uses
for the Boynton Commercenter be amended to include relay towers.
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C:PM91-066
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LAW OFFICES
A.I..AN L. GABRIEL
INTERNATIONAL BLDG. . PENTHOUSE EAST
2455 EAST SUNRISE BOUL.EVA'RD
FT. LAUDERDALE, FL 33304
TEL.EPHONE (30S) 561-2230
FAX (305) 561-7489
March 22, 1991
Christopher Cu.tro, Planning Director
CITY OF BOYNTON BEACH
City Hall
211 So. Federal Highway
Boynton Beach, FL 33435
RE: PID Use Deter~ination
for BellSouth Mobility
Dear Mr. Cutro:
Please be advised that the undersigned represents BellSouth
Mobility Inc. BellSouth Mobility provides mobile cellular
telephone services to the public in the general south Florida
area, including the City of Boynton Beach. In order to better
serve this geographical area, my client is seeking to construct a
self-supporting communications tower and an unmanned equipment
shelter on a parcel located in the Boynton Commerce Center.
On behalf of my client I am requesting a formal Use Determination
for the Boynton Commerce Center PID that would permit the use as
proposed. The Commerce Center is zoned as a Planned Industrial
Development (PID). The PID zoning regulations permit manu-
facturing, light industrial and warehouse uses and specifically
radio/television studios, but does not, however, designate a
communications facility as a permitted use. The permitted uses
are compatible to the proposed use as an unmanned communications
facility, and the proposed use is compatible to the surrounding
area.
If this use is deemed acceptable, BellSouth Mobility intends to
locate its facility on an approximate 65 ft. X 95 ft. parcel which
is located in the southeast corner of the Commerce Center. The
proposed location provides a natural buffer to the surrounding
area in that to the South is the Golf Road (South West 23rd
Avenue) I-95 overpass; to the East is undeveloped park property
bordering I-95; to the North is existing Boynton Commerce Center
warehouse buildings; and to the West is undeveloped Commerce
Center future warehouse parcels. RECEIVED
.*R 25 q\'
~bANNlNG DEPr~ \,
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Christopher Cutro
March 22, 1991
Page Two (2)
In short, approval of this proposed communications facility will
benefit the general community, and more specifically, the citizens
of the city of Boynton Beach.
Based upon our previous conversations, it is my understanding that
this matter will be considered by the Planning and Zoning Board on
April, 9, 1991. In the meantime, if you should have any questions
with reference to this request or desire any further information,
please do not hesitate to contact the undersigned.
VMrulY yours, Ii, .' ,,/;
\J1L!p
ALAN L. GABRIEL
ALG/cp/55630322.ltr
cc: Jeff Ebihara, BellSouth Mobility
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MEMORANDUM
TO: Occupational License Department
FROM: Tambri J. Heyden, Assistant City Planner
DATE: February 25, 1991
SUBJECT: BOYNTON COMMERCENTER PID -
LIST OF PERMITTED USES AND PARKING REQUIREMENTS
The list of permitted uses and parking requirements have been
amended by the Planning and Zoning Board at Boynton Commercenter,
for the warehouse buildings located in this Planned Industrial
Development (PID) as follows. This list supersedes the latest
list dated March 9, 1988 from Jim Golden, Senior City Planner:
I. Permitted Uses, Not Requiring Environmental Review Approval
A. Personal Services
1. Carpet and Upholstery Cleaning
B. Manufacturing, including compounding, assembly, repair,
or treatment of articles or merchandise from the
following previously prepared materials:
1. Cellophane
2. Canvas
3. Fiber (i.e., wood, except that furniture
manufacturing requires environmental review)
4. Fiberglass
5.. Glass
6. Leather
7. Textiles
8. Yarn
C. Warehouse, Distribution, Wholesale
1. . Any manufacturing category listed above, or
any use listed in Sections 8.A.1.c (2), (3), (4),
(6),' (7), (14), and (16). of the "M-1 INDUSTRIAL
DISTRICT" Zoning Regulations.
2. Retail sales are allowed for goods listed
under the sections specified in I.C.1. above
provided that less than 50% of the goods sold on
the premises are sold at retail.
D. Operations Center - requiring a mix of moderate
warehouse and increased office use.
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1. Bank Operations Center
2. Insurance Company Records Storage
3. Government Operations Facility
4. Radio/Television Studio
5. Offices for contractors and other businesses
(storage, shops and truck parking for contractors
is specifically prohibited, however).
II. Uses requiring Environmental Review - See Planning
Department for Application.
A. Manufacturing, including compounding, assembling,
repair, or treatment of articles or merchandise from
the following previously prepared materials:
1. Cosmetics
2 . Drugs
3. Pharmaceutical
4. Paper
5. Plastics
6. Metal (i.e., machine shop)
7 . Wire
8 . Rubber
9. Electrical appliances, instruments, devices,
and components
10. Auto parts and equipment
11. Boat parts and equipment
12. Airplane parts and equipment
13. Medical equipment, instruments" devices, and
components
14. Furniture
15. Precision instruments
16. Engraving, printing, and publishing'
B. Warehouse, Distribution, Wholesale
1~ Seafood (excluding processing)
2. Principal uses for any of the manufacturing
categories listed under II.A. above.
III. All uses not specifically listed above are prohibited.
Furthermore, the following uses are expressly prohibited:
1. Fertilizer manufacturing, sale or distribution
2. Millwork
3. Metal casting
4. Welding shops
5. Contractor's shops, storage, or truck parking
6. Retail sales, where the value of goods sold at
retail exceeds 50% of the total value of goods
sold from the premises.
7. Any warehouse or wholesale use which is listed in
Section 8.A.2.b., 8.A.3.c., or Section 8.A.5.b of
the "M-I INDUSTRIAL DISTRICT" Zoning Regulations.
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Parking Requirements
Warehouse, distribution, wholesale: One (1) parking'
space per eight hundred (800) square feet of gross
floor area (subject to the conditions outlined in notes
1- 3 be low) .
Manufacturing: One (1) parking space per two (2)
employees, but not less than one (1) parking space
five hundred (500) square feet of gross floor area
(subject to the conditions outlined in notes 1-3
below) .
1
per
Showrooms associated with the principal
use are permitted as an ancillary use.
2
Offices associated with the principal use
are permitted as an ancillary use with a maximum of
25% of the total gross floor area devoted to suc~
use.
3
Office floor area which exceeds 25% of the total
gross floor area shall be considered a principal
use and shall provide parking at the rate of one
(1) parking space per three hundred (300) square
feet of the entire gross floor area devoted to
such use.
Operations Center: One (1) parking space per three
hundred (300) square feet of gross floor area devoted
to office use and one (1) parking space per eight
hundred (800) square feet of gross floor area devoted
to warehouse use. Where both office and' warehouse uses
are intermixed, parking shall be calculated based on
the requirement for office use.
Personal Services: One (1) parking space per three
hundred (300) square feet of gross floor area.
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Tambri J.jHeyde
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cc: Christopher Cutro
Don Jaeger
Mike Haag
Al Newbold
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LC~A TION MA:J,.~,~,:.
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BOYNTON COMMERCENTEB
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