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LEGAL APPROVAL /" \ ( co ---c PLANNING DEPARTMENT MEMORANDUM NO. 91-079 (AGENDA MEMORANDUM) TO: J. scott Miller, city Manager ~~J~""'" ~,lllJ--===' 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. TJH: frb C:PM91-079 '.j.W O,.,.,CES 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' . ~ 25 q\' ~,=^NN'NG DEPT~ \. -=- .. ~ w .."" 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 TJH:frb Ene C:PM91-066 ~ ~,~~~L~~~~~~_ ~ llil..4>- "",i1w U{ ~ ~iL ~ ~~ ~ ~ ~~ Cl...- ~,~L1L......., ~ 6-.~~ I - . ,\ ~~k~~~ -~-<r~. ~~ ~~~~ .2 Q) PLANNING DEPT. MEMORANDUM NO. 91-066 TO: Chairman & Members Planning & Zoning Board ~J--- ~ ' 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 / ~ 9Al ., BOYNTON COMMERCENTER - BELLSOUTH MOBILITY USE APPROVAL \.,' f , ,. ., ~ 9Al 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. ,- ~ d~. . TAMERI 9HE EN TJH:frb Enc C:PM91-066 ,2 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~ \, ..... ~ ..\ 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 ~ 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. ~ - - 2 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. .~ -3- 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. r- -/~-j ~ ~ t " "t/ Tambri J.jHeyde TJH:cp cc: Christopher Cutro Don Jaeger Mike Haag Al Newbold 7 #I' " LC~A TION MA:J,.~,~,:. . .. . ..J.~.O'I'~.':" BOYNTON COMMERCENTEB PIO !~~'J~l. ; H" --. -I~'~. 't'11IIT \ TlII\H'nd\r;; < ITI ~\\I 11---. 13 ......... . - .-' '.', I 11.111 I' J 1J,LS< n S~, I t=tJTT!ffi - . .yt;M. . II ,. \ I '\ 'on ... r eo- ~ \ ,I-m-t:'f.! ~~~ ~ (~ ~':, 'T t. _~~~I 1 ~~~ ~ !: -= h:. Ji"J l' -",,\jTT ~ . rrn~lIilJ. mIlliUJlIl ,. -11. _ ~ f-. I 11 t+.\ ~ C::l"~ XI\. l J=t ~ ~~ p,,~ J!I \IIlllll1Iill ,TIll 111 I l ~ I L 1 I __I ,,~ .rTn11\. ~~~..., ~ lTIill i11""i11l1 1.L ,- I ~. t. . . )1 g! ~ y _ " ....u; ~;}i ;.J.\ \11.11 \ n+ .. , i ': ~.:: En:: ...,....,..- ~;)\ .....qf1 .L \J..J: 1 I 1 TJ:..I I \ I II -. 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