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29-93 ORDINANCE NO. 29-93 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AMENDING CHAPTER 4, "ZONING REGULATIONS", SECTION 4.4.10, "AUTOMOTIVE COMMERCIAL (AC) DISTRICT", SUBSECTIONS (G) AND (H), OF THE LAND DEVELOPMENT REGULATIONS OF THE CODE OF ORDINANCES OF THE CITY OF DELRAY BEACH, FLORIDA, TO PROVIDE FOR THE TRANSFER OF AUTHORITY FOR WAIVERS TO CERTAIN DISTRICT REGULATIONS, FROM THE PLANNING AND ZONING BOARD TO THE SITE PLAN REVIEW AND APPEARANCE BOARD; PROVIDING A SAVING CLAUSE, A GENERAL REPEALER CLAUSE, AND AN EFFECTIVE DATE. WHEREAS, pursuant to LDR Section 1.1.6, the Planning and Zoning Board reviewed the subject matter at its meeting of March 15, 1993, and has forwarded the change with a recom~endation of approval; and, WHEREAS, pursuant to Florida Statute 163.3174(1) (c), the Planning and Zoning Board, sitting as the Local Planning Agency, has determined that the change is consistent with, and furthers the objectives and policies of, the Comprehensive Plan. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS: Section 1. That Chapter 4, "Zoning Regulations", Article 4.4, "Base Zoning District", Section 4.4.10, "Automotive Commercial (AC) District", Subsection 4.4.10(G), "Supplemental District Regulations", Subparagraph (1), "Outside Display", Sub-subparagraphs (b) and (c), of the Land Development Regulations of the Code of Ordinances of the City of Delray Beach, Florida, be, and the same is hereby amended to read as follows: (G) Supplemental District Regulations: The supplemental district regulations as set forth in Article 4.6 shall apply except as modified and added to herein. (1) Outside Display: Outside display areas for sale, lease, or rental of vehicles shall be designed as follows: (a) Such areas must be separated from all adjacent streets, asphalt, or vehicular use areas by a hedge or berm at least three feet high and trees planted at least 40 feet on center. However, the hedge may be planted at such a location that at least 24 inches of the hedge is above the finished grade of the adjacent parking area. (b) Such areas must be separated from all residential zoning districts, whether or not separated by a street or alley, by a six foot high, solid masonry wall with decorative finished surfaces (e.g., stuccoed and capped) on both sides. Where the display area is separated from residential Zoning districts by an arterial or collector right-of-way, or under other singular circumstance, the wall may be waived by the P~/~/Z~//~ Site Plan Review and ADDearance Board concurrent with site plan approval action. (c) The depth of the landscape strip between the car display and the ultimate right-of-way shall be as provided in Section 4.3.4(H) (6). (1) As an alternative to the special landscape setback provisions in Section 4.3.4(H)(6), for lots with a depth in excess of 250 feet, the outdoor display area may be allowed to encroach into the required landscaped setback up to 50%, so as to form a scalloped effect. However, the total amount of green space required along the right-of-way may not be reduced. In no case may the car display area encroach closer than ten feet to the ultimate right-of-way. ~2) Further,- the ~l~t~/~/Z~//B~ Site Plan Review and Appearance Board may waive or reduce the special landscape setback provision on existing sites or for additions to existing sites where it can be demonstrated that it is not feasible to comply due to physical constraints on the site. Section 2. That Chapter 4, "Zoning Regulations", Article 4.4, "Base Zoning District", Section 4.4.10, "Automotive Commercial (AC) District", Subsection 4.4.10(G), "Supplemental District ' Regulations", Subparagraph (4), "Locational Restrictions", Sub-subparagraph (a), of the Land Development Regulations of the Code of Ordinances of the City of Delray Beach, Florida, be, and the same is hereby amended to read as follows: (4) Locational Restrictions: (a) Repair facilities and paint and body shops shall be located at least 100 feet from any residentially-zoned lot. Service bay doors shall not be oriented toward any adjacent residentially-zoned property, except where currently existing, nor oriented toward any adjacent public street unless it can be demonstrated to the PI~/~//Z~//B~ Site Plan Review and Appearance Board that it is not feasible to comply. Section 3. That Chapter 4, "Zoning Regulations", Article 4.4, "Base Zoning District", Section 4.4.10, "Automotive Commercial (AC) District", Subsection 4.4.10(H), "Special Regulations", Subparagraph (3), "Compliance Upon Expansion of Building Area", of the Land Development Regulations of the Code of Ordinances of the City of Delray Beach, Florida, be, and the same is hereby amended to read as follows: (3) Compliance Upon Expansion of Building Area: When there is not a change of use, but there is an expansion of building area and such expansion involves an increase in total floor area of 30%, or greater, in a cumulative amount, than that which existed as of April 14, 1987, the entire site shall be brought into compliance with the standards and supplemental regulations of this Section. If such expansion is less than 30%, the standards and design portions of the supplemental regulations shall apply only to that portion of the site which is adjacent to and required to be improved to comply with landscape and parking requirements made necessary by the addition. This provision for total site upgrading may be waived by the ~~/~/Z~l~/~ Site Plan Review and Appearance Board in instances where because of the small size of the structure in relationship to the totality of the site, the upgrade is infeasible or impractical. - 2 - Ord. No. 29-93 Section 4. That should any section or provision of this ordinance or any portion thereof, any paragraph, sentence or word be declared by a court of competent jurisdiction to be invalid, such decision shall not affect the validity of the remainder hereof as a whole or part thereof other than the part declared to be invalid. Section 5. That all ordinances or parts of ordinances which are in conflict herewith are hereby repealed. Section 6. That this ordinance shall become effective i~ediately upon passage on second and final reading. PASSED AND ADOPTED in regular session on second and final reading on this the 13th day of April , 1993. ATTEST: ~City-C~rk -- First Reading March 23, 1993 Second Reading April 13, 1993 - 3 - Ord. No. 29-93 MEMORANDUM TO: MAYOR AND CITY COMMISSIONERS FROM: CITY MANAGER~ SUBJECT: AGENDA ITEM % /0~ - MEETING OF APRIL 13. 1993 ORDINANCE NO. 29-93 DATE: April 9, 1993 This is the second reading of an ordinance amending the Land Development Regulations by modifying Section 4.4.10 "Automotive Commercial (AC) District", Subsections (G) and (H), to provide for the transfer of authority for waivers to certain District Regulations, from the Planning and Zoning Board to the Site Plan Review and Appearance Board. The AC zoning district provides Supplemental District Regulations regarding the screening and buffering of outside display areas, the orientation of overhead doors, and the upgrading of~site when a building area is expanded. Along with these provisions are criteria for the provision of waivers under certain limited circumstances. The body given the authority for those waivers is the Planning and Zoning Board. Requiring Planning and Zoning Board review of waiver requests associated with a site plan involves an additional review process, adding to the time and expense of processing a development application. Staff believes that as these regulations involve development standards and aesthetic consideration, not use issues, it is appropriate to transfer the waiver authority to the Site Plan Review and Appearance Board. The Planning and Zoning Board at their March 15th meeting recommended approval. A detailed staff report is attached as backup material for this item. At the March 23rd regular meeting, Ordinance No. 29-93 was passed on first reading by a 5-0 vote. Recommend approval of Ordinance No. 29-93 on second and final reading. CITY COMMI SS ION DOCUMENTATION TO:~ ~ '/~VID~T' HARDEN, CITY MANAGER THRU: DAVID J. KOVACS, DIRECTOR DEPARTMENT OF PLANNING AND ZONING FROM: DIANE DOMINGUEZ, PLANNER II~~~ SUBJECT: MEETING OF MARCH 23, 1993 FIRST READING~ ORDINANCE AMENDING LDR SECTION 4.4.10(G) AND (H), AUTHORITY FOR WAIVERS IN THE AC (AUTOMOTIVE COMMERCIAL) DISTRICT ACTION REQUESTED OF THE COMMISSION: The action requested of the City Commission is that of approval on first reading, of an ordinance modifying the City's Land Development Regulations (LDRs). The affected Sections are: * 4.4.10(G)(1)(b)&(c): Outside Display * 4.4.10(G)(4)(a): Locational Restrictions * 4.4.10(H)(3): Compliance Upon Expansion of Building Area BACKGROUND: This amendment will transfer authority for certain specific waivers to regulations contained within the AC (Automotive Commercial) zoning district, from the Planning and Zoning Board to the Site Plan Review and Appearance Board (SPRAB). The affected regulations involve development standards and not use issues, and apply to projects requiring site plan review. Requiring Planning and Zoning Board consideration of a waiver request associated with a site plan involves an additional review process that is not really necessary. This amendment will allow those waivers to be considered by SPRAB concurrent with that Board's review of the development plan. As with all SPRAB actions, the waivers can be appealed by the City Commission if desired. Please refer to the Planning and Zoning Board Staff Report for more detail. City Commission Documentation LDR Amendment re: Authority for Waivers in AC District Page 2 PLANNING AND ZONING BOARD CONSIDERATION: The Planning and Zoning Board formally reviewed this item its meeting of March 15, 1993. The Board forwarded the item with a recommendation of approval on a 6-0 vote (Felner absent). RECOMMENDED ACTION: By motion, approval on first reading. Attachments: * Ordinance by others * P&Z Staff Report & Documentation of March 15, 1993 DD/CCWAIV.DOC ORDINANCE NO. 29-93 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AMENDING CHAPTER 4, "ZONING REGULATIONS", SECTION 4.4.10, "AUTOMOTIVE COMMERCIAL (AC) DISTRICT", SUBSECTIONS (G) AND (H), OF THE LAND DEVELOPMENT REGULATIONS OF THE CODE OF ORDINANCES OF THE CITY OF DELRAY BEACH, FLORIDA, TO PROVIDE FOR THE TRANSFER OF AUTHORITY FOR WAIVERS TO CERTAIN DISTRICT REGULATIONS, FROM THE PLANNING AND ZONING BOARD TO THE SITE PLAN REVIEW AND APPEARANCE BOARD; PROVIDING A SAVING CLAUSE, A GENERAL REPEALER CLAUSE, AND AN EFFECTIVE DATE. WHEREAS, pursuant to LDR Section 1.1.6, the Planning and Zoning Board reviewed the subject matter at its meeting of March 15, 1993, and has forwarded the change~ with a recommendation of approval; and, WHEREAS, pursuant to Florida Statute 163.3174(1) (c), the Planning and Zoning Board, sitting as the Local Planning Agency, has determined that the change is consistent with, and furthers the objectives and policies of, the Comprehensive Plan. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS: Section 1. That Chapter 4, "Zoning Regulations", Article 4.4, "Base Zoning District", Section 4.4.10, "Automotive Commercial (AC) District", Subsection 4.4.10(G), "Supplemental District Regulations", Subparagraph (1), "Outside Display", Sub-subparagraphs (b) and (c), of the Land Development Regulations of the Code of Ordinances of the City of Delray Beach, Florida, be, and the same is hereby amended to read as follows: (G) Supplemental District Regulations: The supplemental district regulations as set forth in Article 4.6 shall apply except as modified and added to herein. (1) Outside Display: Outside display areas for sale, lease, or rental of vehicles shall be designed as follows: (a) Such areas must be separated from all adjacent streets, asphalt, or vehicular use areas by a hedge or berm at least three feet high and trees planted at least 40 feet on center. However, the hedge may be planted at such a location that at least 24 inches of the hedge is above the finished grade of the adjacent parking area. (b) Such areas must be separated from all residential zoning districts, whether or not separated by a street or alley, by a six foot high, solid masonry wall with decorative finished surfaces (e.g., stuccoed and capped) on both sides. Where the display area is separated from residential zoning districts by an arterial or collector right-of-way, or under other singular circumstance, the wall may be waived by the PI~/~/Z~//B~ Site Plan Review a~d A~pearance Board concurrent with site plan approval action. (c) The depth of the landscape strip between the car display and the ultimate right-of-way shall be as provided in Section 4.3.4(H) (6) . (1) As an alternative to the special landscape setback provisions in Section 4.3.4(H) (6), for lots with a depth in excess of 250 feet, the outdoor display area may be allowed to encroach into the required landscaped setback up to 50%, so as to form a scalloped effect. However, the total amount of green space required along the right-of-way may not be reduced. In no case may the car display area encroach closer than ten feet to the ultimate right-of-way. (2) Further, the ~~/~/Z~/IB~ Site Plan Review and Appearance Board may waive or reduce the special landscape setback provision on existing sites or for additions to existing sites where it can be demonstrated that it is not feasible to comply due to physical constraints on the site. Section 2. That Chapter 4, "Zoning Regulations", Article 4.4, "Base Zoning District", Section 4.4.10, "Automotive Commercial (AC) District", Subsection 4.4.10(G), "Supplemental District Regulations", Subparagraph (4), "Locational Restrictions", Sub-subparagraph (a), of the Land Development Regulations of the Code of Ordinances of the City of Delray Beach, Florida, be, and the same is hereby amended to read as follows: (4) Locational Restrictions: (a) Repair facilities and paint and body shops shall be located at least 100 feet from any residentially-zoned lot. Service bay doors shall not be oriented toward any adjacent residentially-zoned property, except where currently existing, nor oriented toward any adjacent public street unless it can be demonstrated to the PI~/~//Z~//B~ Site Plan Review and ADDearance Board that it is not feasible to comply. Section 3. That Chapter 4, "Zoning Regulations", Article 4.4, "Base Zoning District", Section 4.4.10, "Automotive Commercial (AC) District", Subsection 4.4.10(H), "Special Regulations", Subparagraph (3), "Compliance Upon Expansion of Building Area", of the Land Development Regulations of the Code of Ordinances of the City of Delray Beach, Florida, be, and the same is hereby amended to read as follows: (3) Compliance Upon Expansion of Building Area: When there is not a change of use, but there is an expansion of building area and such expansion involves an increase in total floor area of 30%, or greater, in a cumulative amount, than that which existed as of April 14, 1987, the entire site shall be brought into compliance with the standards and supplemental regulations of this Section. If such expansion is less than 30%, the standards and design portions of the supplemental regulations shall apply only to that portion of the site which is adjacent to and required to be improved to comply with landscape and parking requirements made necessary by the addition. This provision for total site upgrading may be waived by the P~/~/Z~/B~ Site Plan Review and Appearance Board in instances where because of the small size of the structure in relationship to the totality of the site, the upgrade is infeasible or impractical. - 2 - Ord. No. 29-93 Section 4. That should any section or provision of this ordinance or any portion thereof, any paragraph, sentence or word be declared by a court of competent jurisdiction to be invalid, such decision shall not affect the validity of the remainder hereof as a whole or part thereof other than the part declared to be invalid. Section 5. That all ordinances or parts of ordinances which are in conflict herewith are hereby repealed. Section 6. That this ordinance shall become effective immediately upon passage on second and final reading. PASSED AND ADOPTED in regular session on second and final reading on this the __ day of , 1993. MAYOR ATTEST: City Clerk First Reading Second Reading - 3 - Ord. No. 29-93 PLANNING AND ZONING BOARD MEMORANDUM STAFF REPORT MEETING OF= MARCH 15, 1993 AGENDA ITEM~ III.D. LDR TEXT AMENDMENT TRANSFERRING AUTHORITY FOR WAIVERS TO CERTAIN AC (AUTOMOTIVE COMMERCIAL) DISTRICT REGULATIONS, FROM THE PLANNING AND ZONING BOARD TO THE SITE PLAN REVIEW AND APPEARANCE BOARD ITEM BEFORE THE BOARD~ The item before the Board is that of making a recommendation to the City Commission regarding a proposed text amendment change to the LDRs. The change would formally transfer authority for waivers to particular AC Supplemental and Special District Regulations from the Planning and Zoning Board, to the Site Plan Review and Appearance Board (SPRAB). BACKGROUND: The Automotive Commercial zoning district provides Supplemental District Regulations regarding the screening and buffering of outside display areas [REF: Section 4.4.10(G)(1)(b) and (c)(1) and (2)] and the orientation of overhead doors [Section 4.4.10(G)(4)(a)], as well as Special Regulations requiring the upgrading of a site in association with an expansion of building area [4.4.10(H)(3)]. These regulations contain provisions for waivers under certain limited circumstances. The body given the authority for those waivers is the Planning and Zoning Board. There are many cases in which these regulations would apply to development proposals which would otherwise be going through the site plan approval process only. Requiring Planning and Zoning Board review of a waiver request associated with a site plan involves an additional review process, adding to the time and expense in processing a development application. As these regulations involve development standards and aesthetic considerations, and not use issues, it is appropriate to transfer the waiver authority to the Site Plan Review and Appearance Board (SPRAB). In brief, the proposed amendment would transfer to SPRAB the authority to waive the following development standards: * Requirement for a wall between outside display areas and residential zoning districts, under circumstances such as those in which the residential zone and the display area are separated by an arterial or collector street; III. D. P&Z Board Memorandum Staff Report LDR Text Amendment Re Change in Authority for Waivers in AC Zoning District Page 2 * Requirement for special landscape setback, to be applied to existing sites only, where it is demonstrated that it is not feasible to comply due to site constraints. * Requirement to orient repair bay doors away from any adjacent public street, when it is demonstrated that it is not feasible to comply. * Requirement to upgrade the entire site in conjunction with a 30% or greater expansion in building area, in instances in which the size of the addition in relation to the total site makes it infeasible or impractical to comply. The waivers would be acted upon concurrent with action on the site plan. The Board's decisions on waivers would be included in the regular report to the City Commission regarding Board actions, and would be subject to the Commission's appeal authority. PROPOSED TEXT AMENDMENTs Section 4.4.10(~) (Supplemental District Regulations) (1) Outside DisDlay~ Outside display areas for sale, lease, or rental of vehicles shall be designed as follows= (a) Such areas must be separated from all adjacent streets, asphalt, or vehicular use areas by a hedge or berm at least three feet high and trees planted at least 40 feet on center. However, the hedge may be planted at such a location that at least 24 inches of the hedge is above the finished grade of the adjacent parking area. (b) Such areas must be separated from all residential zoning districts, whether or not separated by a street or alley, by a six-foot high, solid masonry wall with decorative finished surfaces (e.g., stuccoed and capped) on both sides. Where the display area is separated from residential zoning districts by an arterial or collector right-of-way, or under other singular circumstance, the wall may be waived by the ~~ ~ Z~ ~ Site Plan Review and Appearance Board concurrent with site plan approval action. (c) The depth of the landscape strip between the car display and the ultimate right-of-way shall be as provided in Section 4.3.4(H)(6). P&Z Board Memorandum Staff Report LDR Text Amendment Re Change in Authority for Waivers in AC Zoning District Page 3 (1) As a alternative to the special landscape setback provisions in Section 4.3.4(H)(6), for lots with a depth in excess of 250 feet, the outdoor display area may be allowed to encroach into the required landscaped setback up to 50%, so as to form a scalloped effect. However, the total amount of green space required along the right-of-way may not be reduced. In no case may the car display area encroach closer than ten feet to the ultimate right-of-way. (2) Further, the ~~ ~ Z6~ ~ Site Plan Review and Appearance Board may waive or reduce the special landscape setback provision on existing sites or for additions to existing sites where it can be demonstrated that it is not feasible to comply due to physical constraints on the site. (4) Locational Restrictions= (a) Repair facilities and paint and body shops shall be located at least 100 feet from any residentially-zoned lot. Service bay doors shall not be oriented toward any adjacent residentially-zoned property, except where currently existing, nor oriented toward any adjacent public street unless it can be demonstrated to the Site Plan Review and Appearance Board that it is not feasible to comply. Section 4.4.10(H) (Special Regulations) (3) Compliance upon Expansion of Building Area= When there is not a change of use, but there is an expansion of building area and such expansion involves an increase in total floor area of 30%, or greater, in a cumulative amount, than that which existed as of April 14, 1987, the entire site shall be brought into compliance with the standards and supplemental regulations of this Section. If such expansion is less than 30%, the standards and design portions of the supplemental regulations shall apply only to that portion of the site which is adjacent to and required to be improved to comply with landscape and parking requirements made necessary by the addition. This provision for total site upgrading may be waived by the PZ~~ ~ Z~ B~ Site Plan Review and Appearance Board in instances where because of the small size of the structure in relationship to the totality of the site, the upgrade is infeasible or impractical. P&Z Board Memorandum Staff Report LDR Text Amendment Re Change in Authority for Waivers in AC Zoning District Page 4 RECOMMENDED ACTIONs By motion, forward the proposed text amendment as presented in this staff report to the City Commission with a recommendation of approval. Report prepared by Diane Dominguez Report reviewed by David J. Kovacs on: ~-~-~ /T:TXT4410.DOC MEMORANDUM TO: MAYOR AND CITY COMMISSIONERS FROM: CITY MANAGER,S{ SUBJECT: AGENDA ITEM # I~ - MEETING QF MARCH 23. 1993 ORDINANCE NO. 29-93 DATE: March 19, 1993 This is the first reading of an ordinance amending the Land Development Regulations by modifying Section 4.4.I0 "Automotive Commercial (AC) District", Subsections (G) and (H), to provide for the transfer of authority for waivers to certain District Regulations, from the Planning and Zoning Board to the Site Plan Review and Appearance Board. The AC zoning district provides Supplemental District Regulations regarding the screening and buffering of outside display areas, the orientation of overhead doors, and the upgrading of site when a building area is expanded. Along with these provisions are criteria for the provision of waivers under certain limited circumstances. The body given the authority for those waivers is the Planning and Zoning Board. Requiring Planning and Zoning Board review of waiver requests associated with a site plan involves an additional review process, adding to the time and expense of processing a development application. Staff believes that as these regulations involve development standards and aesthetic consideration, not use issues, it is appropriate to transfer the waiver authority to the Site Plan Review and Appearance Board. The Planning and Zoning Board at their March 15th meeting recommended approval. A detailed staff report is attached as backup material for this item. Recommend approval of Ordinance No. 29-93 on first reading. RATON~'DELRAY BOYNTON BEACtt'~' DEERFIELD BEACH BOCA ~~~t~ ~ Published Daily .~,~.-,~,,.,~- Monday through Sunday ~ ~ ~ Boca Baton, Palm Beach County, Florida ~~.~7:" .~. (. ~ ~ ~ Delray Beach, Palm Beach County, Florida ~'~ .~T~, ~,~ 8TAT~ OF FLORZDA COUNTY OF PALM BEACH ~ ~ ':" ~ ' ~:" Before the undersigned authority personally ~~. ~E) E~TI~, appeared ,Nancy Smith, Inside Sales Man- ~~ ager of The News, daiy newspapers pub- ~.~c,.,~-~. lished in Boca Baton in Palm Beach County, ~ ~ ,~. Florida; that the attached copy of advertise- ~ ~"~ ~ THE LI {LI~T [I~ST~U ED ~ THE ~$T Si~ ~ the issues of: ~GR~ A~NUE,~ B~EN~Dr ~AT' ~I~TE.R~ER ~, AND ~ EK AN ~FECTtVE ~TL AN ORD~ ~ THE CJ~ MI~ON ~ THE CtW ~ ~Y T~ 4~ %l~T IN~STRm~ Affiant [~Fth~F ~ys that Th~ N~w~ ~ ~ ~c), 'A~E~Y ~E A~ STANWD RE~I~ Frae newspaper published in Boca Baton, in said ,~ (,,, ~ ~E Palm Beach County, Florida, Monday ~ ~ ~ ~S ~ EFFE~IVE~TE. F~I~ TO ~ ~ ~ i~ , ~RETA~U~D~W~ I second o]ass matter at the post office in ~TED ~ 'e~alt ~;'1 H Boca Raton, Palm Beach County, Florida, ~.TST~ for a period of one year next preceding the T~ ,. ~E~ '~ first publication of the attached copy of ~TR~ Z~E ~..~,.~~,~ ~K~ (~ ~ RE~E~ ~g~, advertisement; and affiant further says that AN'EFFE~/E I.l~T~g person, firm or corporation any discount, ~"ORm.~.T~c,. rebate, commission or refund for the pur- ,~a ,~R,~=..~,~ pose of securing this advertisement for pub- ~., SmE~,~ ~,'B:"~ lication in said newspapers. ~, . T~ ~ ~L~ I~ MT RE6U~T~ J ~f~DANEPF~TE.  ~¢ES F~ JR~TI~ ~1 W' ~ ~ ~ ~(s) ." ~o,~E. ~ c,~ Sworn to and subscribed before me this ~.~-m, c,. ~ ' ~' ~ day of A.D 19 ' ~Eu~,~,,' E~E.,~ ' ~ : C~ C~ (Soal, Notary Public, Stato of Florida at large) My Commlssio C N[ 0'NEI[[ ]