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Minutes 11-20-07 MINUTES OF THE CITY COMMISSION MEETING HELD IN THE COMMISSION CHAMBERS, CITY HALL, BOYNTON BEACH, FLORIDA, ON TUESDAY, NOVEMBER 20, 2007 AT 6:30 P.M. Present: Jerry Taylor, Mayor Jose Rodriguez, Vice Mayor Ron Weiland, Commissioner Marlene Ross, Commissioner Kurt Bressner, City Manager James Cherof, City Attorney Janet Prainito, City Clerk Absent: Woodrow L. Hay, Commissioner I. OPENINGS: A. Call to Order - Mayor Jerry Taylor B. Invocation by Vice Mayor Jose Rodriguez C. Pledge of Allegiance to the Flag led by Commissioner Marlene Ross Mayor Taylor called the meeting to order at 6:31 p.m. The invocation was given by Vice Mayor Rodriguez followed by the Pledge of Allegiance to the Flag led by Commissioner Ross. D. Agenda Approval: 1. Additions, Deletions, Corrections Attorney Cherof indicated he would be requesting a closed door session under XII. Legal, E. Other. Commissioner Ross requested information and discussion be added to the agenda regarding the launch of an environmental task force in the City of Delray Beach. She suggested the second meeting in December would be appropriate. 2. Adoption Motion Vice Mayor Rodriguez moved to approve the agenda as amended. Commissioner Weiland seconded the motion. The motion passed unanimously. II. OTHER: A. Informational Items by Members of the City Commission 1 Minutes Regular City Commission Boynton Beach, FL November 20, 2007 Commissioner Weiland proposed the concept of land banking should be considered, whenever possible, by the Commission, especially in light of the changing economic outlook. Mayor Taylor announced the pre-agenda meetings had been cancelled for the month of December on a trial basis. The issue would be reviewed in January, 2008. III. ANNOUNCEMENTS, COMMMUNITY & SPECIAL EVENTS & PRESENTATIONS A. Announcements: 1. Upcoming "Holiday Extravaganza" Parade, Tree Lighting and Concert on December 1, 2007. The parade runs from 5 p.m. to 6:30 p.m. with the tree lighting at 6:45 p.m. and a free concert with Three Dog Night commencing at 7 p.m. Kathy Biscuiti, Special Events Manager, displayed the 30 second presentation, airing on Boynton Beach TV, announcing the Holiday Extravaganza. The parade route and lineup were outlined ending at the Children's Schoolhouse Museum for the tree lighting ceremony and free concert to follow. Various vendors would be on site. Ms. Biscuiti also announced the annual boat parade would be held on December 7 with the Commission acting as judges for the event. Vice Mayor Rodriguez suggested a mass mailing advising the residents of the events should be attempted. Mr. Bressner advised an email blast to the community had not been fully developed. It was noted there are many large signs, ads in the local newspapers, and radio announcements. B. Community and Special Events: None C. Presentations: 1. Proclamations None 2. Presentation by the City Safety Committee of the Safe Worker Awards to Public Works employees, Barry Taylor and Damian Miller. Chuck Magazine, Director of Risk Management, and Mark Bobich, Chair of the Safety Committee, presented safe worker awards to Barry Taylor and Damian Miller. The employees had observed two small children alone on the street and called police to ensure their safety and return to their families. 2 Minutes Regular City Commission Boynton Beach, FL November 20, 2007 IV. PUBLIC AUDIENCE: INDIVIDUAL SPEAKERS WILL BE LIMITED TO 3 MINUTE PRESENTATIONS (at the discretion of the Chair, this 3 minute allowance may need to be adjusted depending on the level of business coming before the City Commission> Mark Karageorge, 240A Main Boulevard, recalled all seven candidates in the recent municipal election supported an independent CRA board. He was impressed with Mayor Taylor's leadership skills and contended there should be an independent CRA board chaired by Mayor Taylor. Mayor Taylor replied the Commission was planning a retreat in January and the issue of the CRA would be a major issue. No one else coming forward, Mayor Taylor closed the public audience. V. ADMINISTRATIVE: A. Appointments Appointment Length of Term To Be Made Board Expiration Date Mayor Taylor Bldg. Bd of Adj & Appeals Reg 33 mo term to 12/09 Tabled (2) I Weiland Bldg. Bd of Adj & Appeals Alt 9 mo term to 12/07 IV Ross Bldg. Bd of Adj & Appeals Alt 9 mo term to 12/07 Tabled (3) IV Ross Code Compliance Board Alt 9 mo term to 12/07 Tabled (2) Mayor Taylor Code Compliance Board Alt 9 mo term to 12/07 Tabled (2) III Rodriguez Community Relations Board Alt 9 mo term to 12/07 Tabled (2) IV Ross Community Relations Board Alt 9 mo term to 12/07 Tabled (2) I Weiland Education & Youth Advisory Board Reg 21 mo term to 12/0lTabled (3) II Hay Education & Youth Advisory Board Alt 9 mo term to 12/07 Tabled (2) III Rodriguez Education & Youth Advisory Board Alt 9 mo term to 12/07 Tabled (2) IV Ross Education & Youth Advisory Board Stu 9 mo term to 12/07 Tabled (2) Mayor Taylor Education & Youth Advisory Board Stu N/V 9 mo term to 12/07 Tabled (2) IV Ross Planning & Development Board Reg 2 yr. term to 12/09 Mayor Taylor Planning & Development Board Reg 2 yr. term to 12/08 IV Ross Recreation & Parks Board Alt 9 mo term to 12/07 Tabled (2) I Weiland Veterans Advisory Commission Alt 9 mo term to 12/07 Tabled (2) II Hay Veterans Advisory Commission Alt 9 mo term to 12/07 Tabled (2) Mayor Taylor indicated re-appointments to all boards would be made at the next meeting. VI. CONSENT AGENDA: Matters in this section of the Agenda are proposed and recommended by the City Manager for "Consent Agenda" approval of the action indicated in each item, with all of the accompanying material to become a part of the Public Record and subject to staff comments. 3 Minutes Regular City Commission Boynton Beach, FL November 20, 2007 A. Minutes 1. Regular City Commission -- November 13, 2007 B. Bids and Purchase Contracts - Recommend Approval - All expenditures are approved in the 2007-2008 Adopted Budget. 1. Approve the purchase of SunGard HTE's Human Resources Personnel Suite and Click2Gov Applicants Software in the amount of $53,097. (Proposed Resolution No. 07-135) 2. Award Bid #007-2110-08jOD "ANNUAL CONTRACT FOR DRY CLEANING OF POliCE UNIFORMS" to Green Tree Dry Cleaners of Boynton Beach with an annual expenditure of $40,000. C. Resolutions 1. (Intentiona//y left blank) 2. Proposed Resolution No. R07-136 RE: Approving and authorizing execution of an Agreement between the City of Boynton Beach and the Cantebury at Quantum Village Owners Association of Palm Beach, Inc. to provide for police enforcement of traffic violations on private and limited access roads within the Association's area of control. 3. Proposed Resolution No. R07-137 RE: Approving and authorizing execution of Amendment to April 5, 2005 Construction Contract between the City of Boynton Beach, a municipal corporation of Florida and South East Drilling Services, Inc., called "SED", for the East Plant Expansion Test Wells and Aquifer Storage and Recovery Well Two. 4. Proposed Resolution No. R07-138 RE: Approving and authorizing the execution of an agreement with Entegra Procurement Services to participate in the SodexjInternational Club Suppliers Food and Supply Procurement Program. 5. Proposed Resolution No. R07-139 RE: Approving and authorizing execution of an Agreement for Water Service Outside the City Limits with Dennis and Christina Hessing for the property at 1107 Peak Rd. Lantana, FL (Ridge Grove Add No.1 Lot 2650). 6. Proposed Resolution No. R07-140 RE: Approving and authorizing execution of an Agreement for Water Service Outside the City Limits with Steve & Laura Gallagher for the property at 816 Bamboo Lane, Delray Beach. 4 Minutes Regular City Commission Boynton Beach, FL November 20, 2007 D. Approve full release of surety for the project known as Colony Preserve, and return of the performance bond #088158 from Carolina Casualty Insurance Company in the amount of $594,618.97, to the developer of the project. E. Approve the utilization of $35,000 from the General Fund contingency monies for the purpose of "Cultural Competency Training" for the employees of the City. The training will be provided by Toward a More Perfect Union, Boynton Beach, FL. Motion Vice Mayor Rodriguez moved to approve all Consent Agenda items. Commissioner Weiland seconded the motion. The motion passed unanimously. VII. CODE COMPLIANCE & LEGAL SETTLEMENTS: None VIII. PUBLIC HEARING: 7:00 P.M. OR AS SOON THEREAFTER AS THE AGENDA PERMITS The City Commission will conduct these public hearings in its dual capacity as Local Planning Agency and City Commission. A. Project: Agent: Descri ption: Makrista Baby (ADAP 07-002) Michael S. Weiner, Weiner & Aronson, P .A. Request for appeal of the administrative determination that the subject use, Makrista Baby, is not similar to a tailor and dressmaker, and therefore not an allowed use within the C-1 Office and Professional Commercial Zoning District. (Tabled to November 20, 2007) Motion Vice Mayor Rodriguez moved to remove Item VIlLA. from the table. Commissioner Weiland seconded the motion. The motion passed unanimously. Attorney Cherof administered an oath to all those intending to testify and reviewed the procedure to be followed. Mike Rumpf, Director of Planning and Zoning, reviewed the request for an administrative appeal and emphasized exceptions to the allowed uses are rare. Uniform enforcement of the zoning regulations is essential. The contention was the process was similar to a tailor or dressmaker using similar equipment and processes. The primary business of Makrista Baby would be retail which is allowed in a C-3, C-4 or M-1 zoning district. The business has been described as a boutique. Staff recommended denial based on the primary use being a retail operation marketing a product line. Compatibility would be an issue. 5 Minutes Regular City Commission Boynton Beach, FL November 20, 2007 Michael Weiner, 209 N. Seacrest, agent for the applicant, averred that a modern interpretation of the Zoning Code was the issue. The business would be similar in nature and should be allowed, but regulated. He pointed out many establishments provide personal services and market products at the same location. Mr. Weiner contended the Code did provide for similarity of use and stressed there was no issue of density, height or medical facility issue. Mayor Taylor opened the issue for public hearing. No one came forward. Mayor Taylor closed the public hearing. Mr. Rumpf responded there are more similar uses in retail areas. Granting the appeal would weaken the regulations in his view. Vice Mayor Rodriguez requested a breakdown of the retail versus wholesale sales. A partner in the company estimated 90% was wholesale and 10% retail sales. Approximately 150 to 200 garments per month were produced. All the shipping and delivery activities were handled out of the Delray location. Mr. Rumpf offered the large wholesale component would make the business more intense and further away from a C-1 business. Commissioner Weiland questioned what would restrict the business from turning into full blown retail once the business was established and Attorney Cherof advised there would be no restriction. Mayor Taylor recalled most of the area consisted of professional offices and cottages. He expressed concern that the C-1 district should be retained and noted many other areas of the City would accommodate the business. He supported staff's recommendation as did Commissioner Weiland. Commissioner Weiland contended a precedent would be set for further intensive use. Motion Commissioner Weiland moved to deny the request of Makrista Baby. Commissioner Ross seconded the motion. The motion passed unanimously. Description: Cortina at Boynton Village (SPTE 07-010) Stephen Liller, K. Hovnanian Homes South Florida Devco, Inc. Northeast corner of Old Boynton Road and Congress Avenue, just south of the SFWMD C-16 canal Request for a second one (1) year site plan time extension of a site plan (NSWP 05-001) originally approved on September 20, 2005 for 458 townhome units in the Boynton Village and Town Center Development. This second request would extend approval from September 20, 2007 to September 20, 2008. B. Project: Agent: Owner: Location: Attorney Cherof administered an oath to all those intending to testify. 6 Minutes Regular City Commission Boynton Beach, FL November 20, 2007 Kathleen Zeitler, Planner, reviewed the request and noted the Code had been amended to allow for 18 months to be valid. Recent real estate market changes had required new site plans to be submitted. Staff recommended approval with all conditions. Kim Glas-Castro, agent for the applicant, concurred another year was needed to amend the site plan, replat and adjust the project to a more favorable market reception for the line. Mayor Taylor opened the issue for public hearing. Jim Shultz, 1073 NW 11th Street, requested the City impose conditions on the extension to maintain the fabric and chain link fence shielding the project. Additional grass should be planted which is currently a Code violation. Mr. Shultz requested a large berm be established with large landscape plants to block out the construction site. Property values had already decreased by 40%. Commissioner Weiland inquired if landscape buffers were part of the project upon completion. Mr. Rumpf responded a 25 to 40 foot perimeter walkway, landscaped buffer would be required. He would investigate any other Code violation that may exist. Mr. Bressner suggested the item be tabled to allow staff time to investigate other issues. Commissioner Weiland agreed that the City should be good neighbors and contain the construction site. Vice Mayor Rodriguez agreed and advised the agent for the applicant that some type of beautification would be required in the interim. Motion Vice Mayor Rodriguez moved to table Item VIILB. Ms. Glas-Castro agreed there were many stop-gap landscaping plantings and sod that could be installed and planted while the plans were being modified. Vote The motion passed unanimously. c. Project: Agent: Owner: Location: Description: D. Project: Agent: Owner: Location: Description: Pylon Interstate Plaza Phase II (COUS 07-004) Ray Balassiano, A.LA. Peter Debs, Woolbright Executive Center LLC 1501 Corporate Drive Request for conditional use/major site plan modification approval for a 29,199 square foot office building and related site improvements on 2.86 acres in a C-1 zoning district. Pylon Interstate Plaza phase II (HTEX 07-005) Ray Balassiano, A.LA. Peter Debs, Woolbright Executive Center LLC 1501 Corporate Drive Request for height exception approval to allow a segment of parapet wall and mechanical equipment at a height of 43 feet, 7 Minutes Regular City Commission Boynton Beach, FL November 20, 2007 eight (8) feet above the 35 foot limit in the C-1 zoning district, in conjunction with the construction of a 29,199 square foot office building. Attorney Cherof ascertained there was no objection to combining the two requests for hearing. He administered an oath to all those intending to testify. Ed Breese, Principal Planner, reviewed the two requests and noted the previous site plan approval had expired before permits were submitted due to the property being sold. He explained the height exception related to only 1.5% of the entire roof area. Staff recommended approval of the conditional use, major site plan modification and height exception. Mayor Taylor opened the issue for public hearing. No one came forward. Mayor Taylor closed the public hearing. Mr. Breese added that the height extension would buffer some equipment on the roof and add an architectural interest to the area. The neighbors to the west are buffered with not only a canal but also six foot plantings, hedges and trees. Motion Commissioner Weiland moved to approve Item VIII.C. Marlene Ross seconded the motion. The motion passed unanimously. Motion Vice Mayor Rodriguez moved to approve Item VIILD. Commissioner Weiland seconded the motion. The motion passed unanimously. IX. CITY MANAGER'S REPORT: A. Staff review and recommendations of barrier median placed on Boynton Beach Boulevard at intersections of Railroad Avenue and at NE 4th Street. Mr. Bressner summarized the staff report and reminded the Commission the entire FEC corridor was being reviewed for implementation of a quiet zone. The criteria for the designation is that strategies are in place for intersections to not allow traffic to cross the tracks. Mr. Bressner pointed out the businesses on Railroad Avenue were not pleased with the change, but there was a need related to safety at the crossing. The various options were discussed and the expense involved. There was consensus to do additional signage to direct traffic to the businesses on Railroad Avenue. X. FUTURE AGENDA ITEMS: A. Discussion of disposition of Old High School - January 2008 B. Discuss pOSSible funding of Board Recognition Dinner - December 2007 8 Minutes Regular City Commission Boynton Beach, FL November 20, 2007 C. American Assembly Implementation Status Report - December 2007 D. Discussion of Utilities Capital Improvement Program (CIP) - December 2007 E. Discussion on timing of elections - January, 2008 Mayor Taylor recalled the discussion relating to an environmental task force would be added. XI. NEW BUSINESS: A Discuss request by developer for annexation of balance of Gulfstream Gardens parcel into the CRA. (Request postponement to December 18, 2007) There was consensus to postpone any discussion until December 18, 2007. XII. LEGAL: A. Ordinances - 2nd Reading - Development - PUBliC HEARING 1. Proposed Ordinance No. 07-020 RE: Amending the Comprehensive Plan Future Land use Map from High Density Residential (HDR) to Special High Density Residential (SHDR). (Boynton Bay LUAR 07-002) Attorney Cherof read Proposed Ordinance No. 07-020 by title only on second reading. Mayor Taylor opened the issue for public hearing. No one came forward. Mayor Taylor closed the public hearing. Motion Commissioner Weiland moved to approve Proposed Ordinance No. 07-020. Vice Mayor Rodriguez seconded the motion. Vote City Clerk Prainito called the roll. The vote was 4-0. 2. Proposed Ordinance No. 07-021 RE: Approving the rezoning from Multi-Family Residential (R-3) to Planned Unit Development (PUD) (Boynton Bay LUAR 07-002) Attorney Cherof read Proposed Ordinance No. 07-021 by title only on second reading. Mayor Taylor opened the issue for public hearing. No one came forward. Mayor Taylor closed the public hearing. 9 Minutes Regular City Commission Boynton Beach, FL November 20, 2007 Motion Commissioner Weiland moved to approve Proposed Ordinance No. 07-021. Vice Mayor Rodriguez seconded the motion. Vote City Clerk Prainito called the roll. The vote was 4-0. 3. Proposed Ordinance No. 07-035 RE: Amending the Comprehensive Plan Future Land Use Map from General Commercial (GC) to Industrial (I). (National Transmissions, Inc. LUAR 07-004) (Table to December 3, 2007) 4. Proposed Ordinance No. 07-036 RE: Approving the rezoning from C-4 General Commercial District to M-1 Industrial District. (National Transmissions, Inc. LUAR 07-004)(Table to December ~ 2007) Motion Commissioner Weiland moved to table Items XILB.3 and XILBA. The motion passed unanimously. B. Ordinances - 2nd Reading - Non-Development - PUBliC HEARING None C. Ordinances - 1st Reading None D. Resolutions: None E. Other: None According to Florida Statutes, Attorney Cherof requested a closed-door session relating to litigation involving Ric Man Construction be held on December 3 immediately following the regular Commission meeting. He estimated the session would involved 30 to 45 minutes. XIII. UNFINISHED BUSINESS: A. Discussion regarding the Public Art Fee Ordinance No. 07-002 and the Administrative Policy for the collection of Public Art Fees. 10 Minutes Regular City Commission Boynton Beach, FL November 20, 2007 Commissioner Weiland noted he had not fully understood the Ordinance and how the projects and funding were tracked. Commissioner Weiland contended there should be some type of cap on the amount to base the 1% fee being assessed. He suggested lowering the fee to '12% and allow all the proceeds to go to the City of Boynton Beach that would have total control over the art and its placement within the City. Debby Coles-Dobay, Public Arts Administrator, explained the process used by the Arts Commission and herself to place art in public places working with the developer and City staff. Commissioner Weiland contended by including the developer, the art was hidden by using colored pavers or fountains within the project and did not represent "public" art. Mr. Bressner advised in the three years of the program, the revenues were lagging behind the expenses. This was expected especially with the present market conditions. It would take as long as five years for the revenue to cover the expenses. Commissioner Weiland maintained the fee should be reduced and a cap on the assessed value also be included. He was also concerned with the issue of liability with the art that had been leased. Ms. Coles-Dobay replied agreements had been entered into whereby the artists retain the liability on the art and maintenance. Commissioner Weiland firmly believed developers could manipulate the art and tie the 70% into costs. Motion Commissioner Weiland moved to propose a fee of V2% and continue to allow 70% to go into the project and cap the '12% on anything over $15M. Vice Mayor Rodriguez understood the construction and real estate business had fallen on hard times. The larger projects would be the ones where art would be needed the most. Motion Commissioner Weiland amended his motion for a '12% fee with no cap and that 70% stay within the project. Commissioner Ross seconded the motion. Motion Vice Mayor Rodriguez moved to reduce the fee by 1f4 % and everything else stay the same. Mayor Taylor passed the gavel to Commissioner Ross. Mayor Taylor seconded the motion. The motion failed 2-2. (Commissioner Weiland and Commissioner Ross dissenting) Mayor Taylor returned to the motion to reduce the fee to '12% The motion passed 3-1. (Vice Mayor Rodriguez dissenting) 11 Minutes Regular City Commission Boynton Beach, FL November 20, 2007 Attorney Cherof advised an amending ordinance for first reading would be submitted at the next Commission meeting. Mr. Bressner offered to prepare a comparison of the fiscal impact of the change. XIV. ADJOURNMENT: There being no further business to come before the Commission, Mayor Taylor properly adjourned the meeting at 8: 10 p.m. ATTEST: Commissioner - Ron Weiland tn. ~~.~e ./} / /?iSSiO:Zrow L. Hay // ~?!~ D i~ Commissioner - Marlene Rois :tl~?a'~- dith A. Pyle ~, Deputy City Clerk 12 DEVELOPMENT ORDER OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA APPLICANT'S AGENT: Raymond Balassiano, AlA Development P&Z Building EngIneering Occ. License Deputy City Clerk PROJECT NAME: Pylon Interstate Plaza APPLICANT'S ADDRESS: 4110 EI Mar Drive, Lauderdale-by-the-Sea, FL 33308 DATE OF HEARING RATIFICATION BEFORE CITY COMMISSION: November 20,2007 TYPE OF RELIEF SOUGHT: Height Exception approval to allow a segment of parapet wall and mechanical equipment at a height of 43 feet, eight (8) feet above the 35 foot limit in the C-1 zoning district, in conjunction with the construction of a 29,199 square foot office building. LOCATION OF PROPERTY: 1501 Corporate Drive DRAWING(S): SEE EXHIBIT "B" ATTACHED HERETO. X TH IS MATTER came on to be heard before the City Commission of the City of Boynton Beach, Florida on the date of hearing stated above. The City Commission having considered the relief 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 relief sought was made by the Applicant in a manner consistent with the requirements of the City's Land Development Regulations. 2. The Applicant ........-tiAS HAS NOT established by substantial competent evidence a basis for the relief 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 "C" with notation "Included". 4. The Applicant's application for relief is hereby ~GRANTED subject to the conditions referenced in paragraph 3 hereof. 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 with the terms and conditions of this order. 7. Other DATED: 11-c:!)fo-o7 S:\Planning\SHARED\WP\PROJECTS\Pylon Interstate Plaza\ HTEX 07-005\DO.doc EXHIBIT "C" Conditions of Approval Project name: Pylon Interstate Plaza File number: HTEX 07 -005 Reference: DEPARTMENTS INCLUDE I.' H [HI PUBLIC WORKS- Solid Waste Comments: None X PUBLIC WORKS - Forestry & Grounds Comments: None X PUBLIC WORKS- Traffic Comments: None X UTILITIES Comments: None X FIRE Comments: None X POLICE Comments: None X ENGINEERING DIVISION Comments: None X BUILDING DIVISION Comments: None X PARKS AND RECREATION Comments: None X FORESTER/ENVIRONMENTALIST Comments: None X Conditions of Approval 2 I DEP ARTMENTS I INCLUDE I REJECT I PLANNING AND ZONING Comments: None X ADDITIONAL PLANNING & DEVELOPMENT BOARD CONDITIONS Comments: None X ADDITIONAL CITY COMMISSION CONDITIONS Comments: To be determined. ~ft ~ S :\Planning\SHARED\ WP\PROJECTSIPylon Interstate Plaza\ HTEX 07 -005\COA.doc <1l. ~;~~ 1 in. = 3CJ.O feet EXHIBIT "A" PCD PCD Home Dep C3 LOCATION MAP PYLON INTERSTATE PlAZA Phase II LOCATION MAP ~t I t tl fr t1 ~t I!i~~ ill jll' i/:I( i'if ._,-,,:..oc-_L "'0' . "-o,'l,.~ '.'>0. 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[ d !~ i~ I WOOLBRIGHT EXECUTfVE CENID PYlON INTERSTATE PLAZA. PHASE 1 1501 CORPORATE DRIVE BOYNTON BEACH, FL. 3342" RA YMOND BALASSIANO, A.I.A. AROITTEO" BOO GLOUCHESrER STREET BOCA RATON, FLORIDA 33487 Lie NO, AROO16040 Tel. (561) 706-1809 EXHIBIT B ---(:) {;D ~ i ,~ r-:g' i I It. '1:1' ;!! m " ~ g \!> (")mz a~a 3:iil-< ""'[l:tl~ COl!! ~:o~ ;:~~ :i!I-O (")" ~~~ dJ~a (")c:-" -<g\P ilia;;: t;;ZQ ... (Il s;: go eEleeee ~6 ~i it n I~ ~~ I i Ii ( r s' ! ~ 8 m " o " ~ ~ a& 5 ~ ..' \ ~ ',' \ " _I-~:lfl~.'[f,m '~i~~,-,~(,_ u:'A,;' ,:'l;; . : - ~ ; n :!I ~ T ., !- ~ q I~q I _ r ~ I ! , ~.I J" ~ l!ti ~ ~~~ 2 ~ ~g' Io~ '" 5 " o ~ ~ ~ ! p ~ ;I ~ . ~ ~ ;:;:2 ,"' .", ~Sf en ~ o '" !i i. :'" ;'1J \ '" \<; ~ I ~ " ~~ ",1 r "'_ II ., ", '. ~ s. ~,\ 6 ti .~ \'I'-'<S"(;l ~ 6! '; \ ~ Ji _F ~2 ;!!.. ~ -s ~ .i~ X 1;'1 ~ .. .........1 mi5 ""." 6 r~ (J1 ~:;1 ~po rv gg en.... I ~ -~ -~ ~.~ ~-~ -~~ it'~ ~.~ i~~.~ H'. :~:. ~ " ~ . g '8 . g .~. ~'t. -,':!I, :1 . '"i I ':l I ! I ~'_C' 12'-0. H'~.,l.L~ ' '~:-C. , , , , I , I ..Joe--:- I ' t- '1' e- I ~~ j~ ~HS -- G-> ---~-- f----T-...:-- ~I~ '" m [ g" .. _.._---~:; ! . ~. ~i ~~ !i ' m~ ii~~ 1 I.. :r ~~i -T-- --_ i ,1-0" ,,-'T!l:l!" ~I~!\ II~~.' -+ : : , I I I j I ~ ,,'.,' i :-=4-~~ ; ~l pi ~' ~ ~;,.. ~, . . ~:. ,,~:.' 10. ,i ~~ ~" ~~ WOOLBRIGHT EXECUTIVE CENTER PYLOI'\ INTERSf A TE PLAZA.PHASE 2 1501 CORPORATE DRIVE BOYNTON BEACH, FL 33426 RA YMOND BALASSIANO, A.I.A. AROlITECf BOO GLOUCHESTER SfREET BOCA RATON, FLORIDA 33487 Lie. NO, AROOJ6040 Tel. (561) 706-1809 EXHIBIT B I I ~r:'. -(D \~! !-~~ 10: I O.c /\ I r;, Lm. '~ : (;') I ! b: I t"~ I i~~ ~ ~ r !!: , '-l I ~ i ~ g i-JT1 l.-~J '..:' (0) 8~t5 ~~~ ~5~ ~i21 Ni=~ !~~ """ f- 0510 ~5~ r-::j3!; moz --zGl S; '" po e e e e e e ~; ~i n I~ !~ W~ 8lil~le 8 ! ~ m :D is :D ." > ~ DEVELOPMENT ORDER OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA PROJECT NAME: Pylon Interstate Plaza Development P&Z Building Engineering Occ. License Deputy City Clerk APPLICANT'S AGENT: Raymond Balassiano, AlA APPLICANT'S ADDRESS: 4110 EI Mar Drive, Lauderdale-by-the-Sea, FL 33308 DATE OF HEARING RATIFICATION BEFORE CITY COMMISSION: November 20,2007 TYPE OF RELIEF SOUGHT: Conditional Use / Major Site plan modification approval for the construction of a 29,199 square foot office building. LOCATION OF PROPERTY: 1501 Corporate Drive DRAWING(S): SEE EXHIBIT "B" ATTACHED HERETO. X THIS MATTER came on to be heard before the City Commission of the City of Boynton Beach, Florida on the date of hearing stated above. The City Commission having considered the relief 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 relief sought was made by the Applicant in a manner consistent with the requirements of the City's Land Development Regulations. 2. The Applic9nt ~HAS HAS NOT established by substantial competent evidence a basis for the relief 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 "C" with notation "Included". 4. The Applicant's application for relief is hereby / GRANTED subject to the conditions referenced in paragraph 3 hereof. 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 with the terms and conditions of this order. 7. Other DATED: 11-/Jfo-oJ S:\Planning\SHARED\WP\PROJECTS\Pylon Interstate Plaza\ COUS 07-004\DO.doc EXHIBIT "C" Conditions of Approval Project name: Pylon Interstate Plaza File number: COUS 07-004 Reference: 2nd review plans identified as a Conditional Use with an October 2,2007 Planning & Zoning date t ki s amp mar ng. I DEPARTMENTS I INCLUDE I REJECT I PUBLIC WORKS- Solid Waste Comments: None X PUBLIC WORKS - Forestry & Grounds Comments: None X PUBLIC WORKS- Traffic Comments: None X UTILITIES Comments: - 1. Fire flow calculations will be required demonstrating the City Code X requirement of 1,500 g.p.m. with 20 p.s.i. residual pressure as stated in the LDR, Chapter 6, Article IV, Section 16, or the requirement imposed by insurance underwriters, whichever is greater (CODE, Section 26-l6(b)). 2. The CODE, Section 26-34(E) requires that a capacity reservation fee be paid X for this project either upon the request for the Department's signature on the Health Department application forms or within seven (7) days of site plan approval, whichever occurs first. This fee will be determined based upon final meter size, or expected demand. 3. A building permit for this project shall not be issued until this Department has X approved the plans for the water and/or sewer improvements required to service this project, in accordance with the CODE, Section 26-15. 4. Utility construction details will not be reviewed for construction acceptability X at this time. All utility construction details shall be in accordance with the Utilities Department's "Utilities Engineering Design Handbook and Construction Standards" manual (including any updates) and will be reviewed at the time of construction permit application. FIRE Comments: None X Conditions of Approval 2 DEPARTMENTS INCLUDE REJECT POLICE Comments: None X ENGINEERING DIVISION Comments: 5. Full drainage plans, including drainage calculations, in accordance with the X LDR, Chapter 6, Article IV, Section 5 and Section 10.Z will be required at the time of permitting. 6. Paving, drainage and site details will not be reviewed for construction X acceptability at this time. All engineering construction details shall be in accordance with the applicable City of Boynton Beach Standard Drawings and the "Engineering Design Handbook and Construction Standards" and will be reviewed at the time of construction permit application. BUILDING DIVISION Comments: 7. At time of permit review, submit signed and sealed working drawings of the X . proposed construction. 8. A water-use permit from SFWMD is required for an irrigation system that X utilizes water from a well or body of water as its source. A copy of the permit shall be submitted at the time of permit application, F.S. 373.216. 9. If capital facility fees (water and sewer) are paid in advance to the City of X Boynton Beach Utilities Department, the following information shall be provided at the time of building permit application: A) The full name of the project as it appears on the Development Order and the Commission-approved site plan. B) The total amount paid and itemized into how much is for water and how much is for sewer. (CBBCO, Chapter 26, Article II, Sections 26-34) 10. Pursuant to approval by the City Commission and all other outside agencies, X the plans for this project must be submitted to the Building Division for review at the time of permit application submittal. The plans must incorporate all the conditions of approval as listed in the development order and approved by the City Commission. 11. The full address of the project shall be submitted with the construction X documents at the time of permit application submittal. If the project is multi- family, then all addresses for the particular building type shall be submitted. The name of the project as it appears on the Development Order must be noted on the building permit application at the time of application submittal. 12. At facilities providing medical care and other services for persons with X DEPARTMENTS INCLUDE REJECT mobility impairments, parking spaces complying with 2004 FBC, Section 11- 4.6 shall be provided in accordance with Section 11-4.1.2 (5)(a) except as follows: A) Outpatient units and facilities: 10% of the total number of parking spaces provided serving each such outpatient unit or facility. B) Units and facilities that specialize in treatment or services for persons with mobility impairments: 20% of the total number of parking spaces provided serving each such unit or facility. At time of permit, the parking should be designed accordingly. 13. One of the handicap accessible parking spaces in the parking garage shall be X van accessible per the FBC Section 11-4. l.2 (5)(b). PARKS AND RECREATION Comments: None X FORESTER/ENVIRONMENT ALIST Comments: 14. The Carpenteria Palm height specification should be shown on the plan. X PLANNING AND ZONING Comments: -. 15. The applicant is responsible for compliance with Ordinance 05-060, the "Art , X in Public Places" program. Preliminary discussions have been conducted between the Applicant and the Public Art Administrator regarding the placement of art on the premises, possibly on the windows on the North side of the building. Applicant to follow protocol and comply with regulations. 16. Approval of this project is contingent upon the approval of the corresponding X request for a Height Exception (HTEX 07-005) 17. It is the applicants' responsibility to ensure that the COUS/MSPM is publicly X advertised in accordance with Ordinance 04-007. ADDITIONAL PLANNING & DEVELOPMENT BOARD CONDITIONS Comments: None X ADDITIONAL CITY COMMISSION CONDITIONS Comments: I To be determined. ~ I I ] S:\Planning\SHARED\WP\PROJECTS\Pylon Interstate Plaza\ COUS 07-004\COA.doc . 1 in. = 300.0 feet EXHIBIT "A" PCD PCD Home Dep C3 LOCATION MAP PYLON INTERSTATE PlAZA Phase II LOCATION MAP ~ CJ") ~ ~ ~ " , , :>> :z: . l ' I i ~ i ~] LL l \ ~ ;"<I":.nl/o:l '1..21 aNY 9Z1 'S:>.I '9' -R',1l . _ . ~~~N3J.~:n"~NO~~. s"__ 11 ,:.:"J~_\'~. . ~ l,lI')-t/d '1<1'<' ':>01 teel: 'lIlIOI ... 11('1",,~"" ,\,1"',u.., ,~C, , ~-;-~~~1-~1 EX IBITB T -- ! , Ii ; i I IU i i I' ,r.L'OLI Itl ,,00.110.05 1\ :i : E I . , ., ~I ~i ,~ --~ , B ~ ~. I. .' ~: ~ ~ n o "" ." o ~ , a, :1 .' ~ ~i ~ , . i ~ i j , . , , \ i , , \ , , \ ~: , , \ t:l "" ~ "'~" 11'1'7 ~~ ,H"all='t ~9'i:.Lli.lO="V ,9i1.9S9l=~ ..." 11311:11IO:) .t r ~ " ..' ---j- ,,-- ---_.;;;;;...~ --~--- {"M':ra/ d 'S~ ''Jd " "S"d O'\l'Ol:ll lI'Qn.....\~' (!VOl! lRmlUl'IOOll --- ----::.":::..:.--- ---" -- ::--:-.:-~::.::--:.. -----.:::---- ----=--~-- ~ i~..i m~m.!iH 1;.Hi ; m ~lg l'l'Bell, f . Z~; !~~.~o ii' I i ii o ) Hl!"ij!'i.~ I .. .a . I ~.. h! ~~ ; !.. i i.~ l!iii:Uh I !E h I! ;~IHHid ; l~ I ~i ;Im!,fii ; ~1 i '> ~a ;:~.~~!;~~~ e 1, ~ I I. 'Ili~'.~.~ I " l \ ,." i..1( 'P!f;l.O 51 " ( ~~ ~!.:UU_K~ ~~ 3 \ !I ~Ui!i!'~ i: ~ '\ ., -~~~; ~ ~~ ~u I;~ h; :,; ill~ C) ;.~ '~1 ~ lh Ii r di ~i Om "$=I~ AS en liS .e 0 l5 ~~ :0 Ii ea ~ .- .~ 0 ~~ E; Z I'i ~~ j; 'i s~ i~ "V~v_v-~~..............--.'V.-_v~-v....... -'v...----v-..-'V'--~v__--~_v.-- -(rr8l.o~w I ~ ia~~ LSiJ ~ " ~ ~ r iqa 5: ~~i i ~ ~ a ~; ~ i i ~~;. j, t ~.., ~~~ ; ~i~ e ~ ~; 1 ~~! ()I m x !i!~ ' ~~..: ;2~ lll=rI ~:. -.~ ~Q., "!~ I l, )> I -I. 1-1. It! !!lI!!! ,I I, Lilli! pili!" ,.,: m E H ' ~ U ~ n~l~ ~ ~ ~ ~ U ~ ~ '," ~ " ; , ~'E!!iI' h I '" .? n x' ,i.. L -l , ' '. - . 0 .. ! H i~~~!.; i ~. E ~,. Ha~'!I'!~P ""." 0000 .." "'. I, l~ HI:~ H ' 0 ~ I.I ~ r, , ' , ~ l' " " " , q - ~arli'l: ~.~ "0 " H n n.. 1 ; ~ ~' ,H q p' W" I ~'i ,@ ~~",~~e~.",",;;".",. """!!,', S~J, ...~ !~i:, = ::, -.:: ^ ~: ,to: .. ~ . ,- . , ~-; ~~~ ~.. "-"'I~gl~ :~~ ~~ ~l J' . = '-^-./"---^-~~--^--/---"""_./"--- ,-./'-__/......_/,--~~--,- WOOLBRIGHT EXECUTIVE CENTER "YLON 'NT!;RS'T^TT. PLAZA.yftASI. 2 RA YMOND BALASSJANO, A.J.A 4RCMTrtcr 800 CU>UCHf.STU STJU:ET BOCA RATON. n..oRIDA 3347 1.1c. "'0, ARIllU6lWfI Tel. (5l.H)'7t16-r"1t9 ,: r j,; In 1 I~ Ii l!1Cll CORPORAnORfYF. BOYNTON BEAOI, n. ~.""1t; In ( It: l~ I i-"b, -ii...l-l;- \~>i// 1!J;1'", ~~5~ ~ ~ '" EXHIBIT B n (.:) :: (:) yu'-( u I i 'S I i '; i I I' II B II r f 1--1--1 f:~ ~~ ~HllJ ,=\ I~n Pi 01 "'I'" ;~ ~;~ ;. I~~ i~ r 9 r" i'~ Ii (; I~ ___-1 l:l i t !~ f. ,I ~ I i i i "'I I I ~J__ J~.__ l ' :' .' I ~ Ii ~l Ii; I I; . *Jll: !it If!! · I , if . I:; h~1 ! ' ~ IHII! = . ~ ill; II, I di!!ili~ _' t".iS! // II lii'~~' / ~i sf .is! (.-/ -~ t. f [i ~~-i' Iii . ~ '~'.;.' '.J ; it ~ I -- ;.1' --'J; i! HI -'-'.~;) ~ t.ll' I ;ltb".-l ~. - I .... ~I~l , <~i , ~~r i:h ,_ ~h " ~ii. i~ Iii \ '!!< ,j ~), UI. I,! . ~I~' Ii 114 'Jui I. 1 i~a .1 I Id \(, . ~U 1, si '; ~ ! ! r' I I !r i!' c ~ ;;:; ,.. ..., '"" '" ~ i , . i l\ L\] . ! ~z ~'i~ ;!!! ~ ~ ~ tj:t.':;: ~-I w N, i ~~ir ~~ -.' ! ia gj , I:~'l \. I ~~~; I c. i::1::/' "....:;;t.. ". ,<<r) ~~;~ ~~~~ ~~~~; ~ mi~ ~"~:-~'--=- :~~ -:.----:-:-~-:;-=-~--- ~ ~ ,...,t M~l'l":' .'i'\JZI=~ f.9't.l';.'i:O=~ J~'9~'ilI"'"t! -. s, ova.) 1m '~: ", if (~':).elc' '~e -'Jd '., '1<'''lM,j .,.....~. (\\'OU J,II~I<lB100l\ LANDSCAPE PLAN: "'MtT WOOLBRIGHT EXECUTIVE CENTER ADO"ESS I~DI CORPOR), TE DRIve BOYNTON BEACH, FLORIDA ~~Ol"5~lft-itfw I'vt- icit!1:1n~~OH ~f-'2...(ll. I A!Vl'I!1I1tlt/l:mClII'PlI!lIIn ____ ~-1l.", :, REV ~_r" TClI~CITY tOt1P'ENTS :i=t~;;,i.:::::~~- I ..n~' 1IrI''''' 1'\..0_" _, C_IITJ iil!~.' ~ :":. :.:,. HU '0-1 - .--.. !t..to !""'~-_ \".:'J' LANOSCAPEARCHITECrs . COUASORA 71VE J. . ....~ . ":::~;;:::;7::i;;;~,, ~~::.>__:.~::,,-:.;::=:::.. "':;:.',:..::::- l i "I I ~~'I t 11~~i'} ~I~' 20~' . . ~. ~~ ~I, - , , _..:---_..!.'_.-=.Q.:.~. 'J;.O' , I ,~ :,lr ~fe}) " I ---..:e-- ~~ ~I~~I~' I i ~n; ~r:f II~ ~I' 12'-0' r .1:"-<1" . ----:-~( . lei , 1----- : 'l ..~J.~ , ~ -~:::l' . ~<, : i~~ , JI :;~; , '~~~ ;~~ 14 i~ ,-4t el-- e""@.- I: ;: e-.-- ,~ II:-L I :: , 0 II ' I ;~ fl," ~ I e Ie' I '<"'-L! i ! , I € --Ie-:- I , II 1?1 ~II:~ , . I" If ,ll: .- t- ..l..-L-Ll , -J-e+- I I -'e-- I I I I I I -. elll: , T I I I I : I' i I iee,J Ie ~-W'f-r- . I-t I: ' II,' Iii se . ~ i : --tl' If i -- -- -- I '-f-; '-- :e 1:1jJ IsL e!il __ '+ I 'T: 'eefj I: f--.,I~*-- : = ~.' '0 I " I, ,'Tr-- ~"'-'r'_", , ~~"I ~~ ~~. Rg ~ I"' i ~ -21~ !~ E~ aO it.~ ~~ ~~ ~I g~ '0 ij , j I, +!t I " ----1&-- I : ! I , , eel) :$ 1, ~ I , I -=nll 11~F ~ " . 1G -~, li1 1 I ' !J !~ ~I I , utel T e-L- I il'-'! 101 I 'I i i I ~ i; __~ - - - .r;: ) ! ' -----t-i-. __ Ii: : I ! if - -+e-,- I, Ii: 'I " I I ; , I Tii '" t; Ii m I ." -~ r_-:::::.= . -- 5 0 -- i' 0 ~ N 2 . 0 , -r z , .8 [T1 P ~~ Z I 0 ~: ... ". 1i ~ , .1.1:'. " I C "\;V Cl i , .- >- , '" , hi --te+. I , s , , i: I :< :t> 6 ~m (]'I 'i:~ . ~c -l. !ii~ CIl~ WOOLBRIGHT EXECUTIVE CENTER PYLON fN"IERS1"ATE PLAZA.PHASE 2 1501 CORPORATE DRIVE BOYNTON BEACH, FL 33420 RAYMOND BALASSIANO, A.LA. ARGlITECT BOO GLOUCHFSrER STREET BOCA RATON, FLORIDA 334Bi Lie NO, AROOl6040 Tel. (561) 706-1809 :I I I I I $-+--------- :~: -+-+-i , , ..,.",- . : ~T .... i. 11,0! 'ii'I1lj.J:e Ie <j> !. I I'; - :1 i~ I I ...,.-- ' . I: I-.--'~I' kc- f-. -----Je.--- IJ, e-.., ~ I" ,. I I--l--. ., , I :? , ' I , ... I 11 : , 1-..... I : --{3- I :,: I' ~mf- : I, e / , I --0-- :1 :7h o:,;'! ~:<j>l :::z1 ,'-11 -.._-- I I I 1 -rii~;~~ : I ~;d;1 : II .~~.~ i.~ ~B ~J~ ~1l I~~ ~j -- , ---e-J.. I I I tty t --Tf+ I I -_._--~~-.- I ~_~ mr~/ ~I . ...:.. -..e ~! E:"JJ, I ~!, e, : / -'" ill ~. 'I i I r~!!~, I ~li~i I ~1;tDl I - H[~!~ ! I J" ~:I i8[""= 4~ ;::EJ.:: 118 f@;1 ... ~J:,. a'~ "." W: I,~ 1---+".- ,~-li : I lie I I I I ~ e : : :1!]:, / / i '" !: I 1 I I: ~-$ , r~ il ~~ r a. ~~ I -fr--- : 1 '1 i I r ~.....2 Ie ! -"-... ! if I ,- T, If -- I~ I I '. v/I I, r' , : I' I ltm : I e e... l .~ ~~ I . i~ : ~ R 12. ii ~i~ I J. 'I; _.-l_ 't' J:' : ',~G':-"~ : 1$ 0 ''l'' '.'''- ! I II: : i, -I: I: I_~I ~ It; I : ~~ ~ li~ __1.1' : , ~.. J I~' I , I' 1-. i , ,,"'/../ l~:// / 'e , , :~ ~{~-=. , , , ','- .._._'~~ , , -..le;. I J\-D. }..i1-- fl'_D" , I I j'-c' '2'-0" f-~..;.---P'~O.-.....w ~. ~i ~,~._I ~I~_ - . ~I:. ~ r I. P !~:~ t~r fr ~~t~~ iji- :, ~I: !~~ '.~~. ~!~ ~ EXHIBIT B ---G -';,\ '1> ..~ "" 'V "'" '-V -<~;";) "mz ~~~ "'tI':c.. cO!!! m:cq ;;:<m :t~~ ",,,'" ~~~ .,,!!.IF "'",0 "so'" ....~m ~o~ mzGl .., CIl ~ .. eeeeee ~i ~i i~ ;~ I~ B~ ~ i II f r :. ~ ~ E m '" 5 '" " ~ ~ .. ': ". -, \ '.I" ~;.\\ J~I . ~n ~ . :" ~ jh i ~i~ a I~: a ~!; J i ~ . " >~~~J'-4' , i ~ ~ n . . ~ ~ . g ~ ~ o ~ ; ~g c;; r :; c Ii ~ ~ ~ ~ · a · ~ i ~ . ~ q3! ~~ l.!i" '" ~ g '! 'I f- ~ . "'U \, '" r u. , > - I ;z Wr n. M ~ ~f ~ ! i~ : a;';! ", ~ a. ,\ - ~ .+~ ~ \1',i6J i .1 , \ ,. ~ ii _ &2 ~~~' -e ;a~~ ~.~g .~~~ ~rQ d I ! ~~ ~ ~~ ~,___! l-_-:Q~ _ __ -+ __...!l..=.lL____ , ~H~ 1"'-0"_ .. ...S_'~9:---..J , \.t~: , , I , , , , E - /i I I , --+e-.L , I , ( ~0 ~ i ~ is "~: 1 ~i 6' . ~~ 1. ~~ /~ (...) ~. - ,,--,,-,--,- , I I E. is ~i ~a !I, ,t m~ ~i'~ ~l~g ~~1 '0 ~Il , --_J ~~ !; 0------@ , I I '~l1'_o" ~ ~~ .~ I ' i I , ' , I I ' I: I ,LO" m17'-C"I s'-o'+-C- ~" ~J .~. H~ , ~I,. ;;I:~ ~r ~t WOOLBRlGHT EXECUTIVE CENTER PYLON INTERSTATE PLAZA-PHASE 2 1501 CORPORATE DRIVE BOYNTON BEACH, FL 33426 RAYMOND BALASSIANO, A.1A. AROIITECT 800 GLOUCHFSTER STREET BOCA RATON, FLORIDA 33487 LIe NO, AROOl6040 Tel (561) 706-1809 EXHIBIT B I I '\~'~' ~ -~~l Oi 0.(: r, I, OJ"' : ~ 1- I~ L_"-::-l r--trJ IC>< l~ ~h I;::! '< t.~ ~I :-0- f I I ~w~ -(OJ 8~5 ~~ril ~5E ~~m :t~6 8~Jl ~~~ "''''I- 0;0 ....c:" ~g~ ~~~ 51 '" .. e e e e e e ~& !" i' I~ I~ 8~ I f U f r :. ~ ~ ~ Jl 5 Jl " >- ~