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HomeMy WebLinkAbout#5420-Prelim. plat-2006• CITY of ORONO RESOLUTION OF TI E,CI �( COUNCIL NO. 55 u A RESOLUTION APPROVING THE GENERAL CONCEPT PLAN AND GRANTING PRELIMINARY PLAT APPROVAL FOR PROPERTY LOCATED AT 190 WILLOW DRIVE NORTH AND 177 GLENDALE DRIVE FILE NO. 05-3131 WHEREAS, Bohland Development, Inc. (hereinafter the "applicant") has an interest in property located at 190 Willow Drive North and 177 Glendale Drive within the City of Orono (hereinafter the "City") and legally described as follows: EXHIBIT A (Attached) (hereinafter the "property"); and WHEREAS, the applicant has requested General Concept Plan Approval for Planned Unit Development of this approximately 10.3 -acre property. Proposed is a rezoning from RR -1B, One Family Rural Residential District to RPUD Residential Planned Unit Development District for creation of 9 single family residential lots, in addition to creation of a lot for an existing church on the property to remained zoned RR -113; and WHEREAS, on June 22, 2005 the Developer filed a subdivision application with the City for preliminary approval of a 10 -lot residential plat of the Property; and WHEREAS, after due published and mailed notice in accordance with Minnesota Statutes 462.358 et. seq. and the City of Orono Zoning and Subdivision Codes, the Orono Planning Commission held a public hearing for the application and reviewed it on July 18, 2005, at which time all persons desiring to be heard concerning this application were given the opportunity to speak thereon; and WHEREAS, the Planning Commission further reviewed the application at continued hearings held on July 18, 2005; September 19, 2005; October 17, 2005; and November 21, 2005; and Page 1 of 14 e_] • CITY of ORONO RESOLUTION OF THE CITY COUNCIL NO. 5420 WHEREAS, the Planning Commission on November 21, 2005 recommended on a vote of 6-0 that the Council grant rezoning to RPUD Residential Planned Unit Development District and grant general concept plan and preliminary plat approval subject to: 1) Defer to Park Commission and/or Council for recommendation on whether trails should be installed by applicant and who should pay for the installation. 2) Applicant shall agree to and incorporate into plans all of the recommendations of Applied Ecological Services (AES) regarding conservation design, etc. 3) Applicant shall provide a landscape plan per AES recommendations and per prior Planning Commission discussions. 4) Applicant to provide evidence of MCWD approval for filling wetland in Lot 8; and WHEREAS, the. Orono City Council makes the following findings in regard to this application for rezoning and RPUD General Concept Plan approval: FINDINGS A. Commurifty Management Plan Conformity, Rezoning 1. This application was reviewed as Zoning File #05-3131. 2. The entire property is currently zoned RR -1B One Family Rural Residential Zoning District, requiring a minimum residential lot size of 2.0 acres. The property consists of approximately 10.3 acres in total, comprised of three separate tax parcels, containing an existing single family residence, a church, and church related outbuildings. 3. The property is guided in the 2000-2020 Orono Community Management Plan (CMP) for single family residential use at a density of up to 3 units per acre. The proposed layout contains 9 single-family lots (1 existing home and 8 new vacant building lots) on 5.03 acres for a density of 1.79 units per dry -buildable acre (2.12 units per dry acre if private road is excluded). The proposed use of the property is �- consistent with the Orono 2000-2020 Community Management Plan (CMP) guiding of the property Page 2 of 14 CITY of ORONO RESOLUTION OF TY%IC Tff COUNCIL NO. L 4. The Property is located within the MUSA and is intended to be developed using municipal sewer. Municipal sewer is available from the City of Orono, and municipal water is available from the adjacent City of Long Lake. 5. Because the property is guided in the CMP for single family residential use at a density of up to 3 units per acre, use, the portions of the property intended for such use should be rezoned consistent with the intended and guided use. The most appropriate zoning for the intended use is RPUD, Residential Planned Unit Development District. However, the church use on the site is intended to continue under the existing conditional use permits for said use, and church use is not a permitted or conditional use in the RPUD District. Therefore, it would be most appropriate that the church parcel remain zoned RR -1B to allow continued use under the current CUPS. • 6. This proposed SFR development for 8 new homes has an average dry buildable lot area of slightly under 16,000 s.f., with no new building lots less than 14,000 s.f. as recommended by the Planning Commission. This is consistent with the general range of lot sizes in the surrounding neighborhood. 7. The property is within "Parcel Group 3" as identified in the CMP and is guided for residential density greater than 1 unit per 2 acres. The property is one of the areas reviewed as part of Orono's Rural Oasis visioning study. Although City Ordinances do not yet require that applicant address elements of Conservation Design, because this is a RPUD planned development the applicant has been required to address the visual impacts and the elements of Conservation Design. A key element in this development proposal is the retention and enhancement of natural views looking northeastward towards the site from Willow Drive. 8. Rezoning the portion of the property planned for single family residential use to RPUD Residential Planned Unit Development is appropriate based on the proposed density and nature of the proposal, which meets the following general _ purposes of the RPUD District: incorporates flexibility in land development and redevelopment in order to utilize new techniques of building design, construction and land development; incorporates energy conservation through the use of clustering of buildings and land; Page 3 of 14 • • CITYof ORONO RESOLUTION OF THE CITY COUNCIL NO. 54 20 preserves desirable site characteristics and open space and protects sensitive environmental features, including sensitive wetland areas; - provides design compatible with surrounding land uses, including both existing and planned; results in development compatible with the densities of residential housing located in the immediate area, including the Hackberry neighborhood of Orono and the Glendale Drive area in Long Lake; yields development which is consistent with the Comprehensive Plan. Site Planning & Amenities 9. The southwesterly portion of the property contains wetlands which will be protected by a Conservation and Flowage Easement, save for a portion of a small wetland finger extending into Lot 8. A 1700 s.f. portion of this wetland will be filled, as part of the deminimus amount of fill allowed by WCA regulations without requiring mitigation. Because of this filling, Lots 7 and 8 will not require variances for the wetland buffer setback established in the City's new wetland ordinance. 10. Lot 10 and the proposed public road entrance to Willow Drive include an area of ditch wetland along Willow Drive. The MCWD has classified this ditch wetland as "incidental"; however, 300 s.f. wetland fill will be required for roadway construction, using up the remainder of the 2000 sf deminimus fill allowed by WCA regulations. The required 25' buffer and 20' required setback from the buffer for structures on Lot 10 would require a structure setback approximately 80' from the west line of Lot 10, leaving a buildable envelope of approximately 60' in width. Applicant has requested that the 20' buffer setback be reduced to 10' for this lot. Potential alternatives to relaxation of the setback would include reduction of the buffer width (requires MCWD acceptance); fill wetland and mitigate elsewhere on site; re=apportionment of Lot 8 deminimus filling to Lot 10; or shifting of lot lines eastward for Lots 8-9-10. Based on the recommendation of the City's wetland consultant, it would not be inappropriate for the City to allow a reduction of the wetland buffer setback to 10' along the west side of Lot 10. The deminimus fill and buffer setback relaxation are allowed under Zoning Code Section 78-1608 in conjunction with an approved buffer management plan. Page 4 of 14 • L� 11. The proposed development [Section 78-626(8)], with the by the Planning Commission: CITY of ORONO RESOLUTION OF THE CITY COUNCIL NO. 54 2 0 meets the RPUD standards for SFR development following exceptions recommended as appropriate * Existing house on Lot 1 at 40' setback from Willow will remain nonconforming * * Lots 4, 5, 6, 7 and 10 are just short of the 125' standard, but each contains a usable building site with acceptable rear yard *** Structural coverage for this development will be governed by Floor Area Ratio and the standard 15% lot coverage limit will not apply. Floor Area for FAR purposes will include 3 -season and 4 - season porches, but not screen porches that are smaller than 12' x 14'. 12. Lots 3-10 will be served by a new public road to be constructed by the developer to City standards for this 8 -lot plat. All 8 new lots will have driveways accessing the new road, and none shall have direct driveway access to Willow Drive. Lot 1's existing driveway access to Willow Drive will be allowed to remain. Because this is considered an urban development, the City will ultimately own and maintain the sanitary sewer lines and water mains. 13. The private recreation area of '10% of the platted property' required under the RPUD standards will be sufficiently met by the creation of Outlot B as a private open space area for use of the homeowners just within the development, in addition to the trail connection between the new road and Glendale Drive through the church property (Lot 2), such trail connection to be public and to be constructed by the applicant. The Council has determined that the trail and Outlot B, while comprising less than 10% of the area of new residential Lots 3-10, are adequate to provide for the recreational needs of this development, given that it is directly across Willow Drive from Hackberry Park. Page 5 of 14 RPUD Standard Proposed Standard Min. dry buildable lot area 15,000 sf 14,000 sf Min. lot width at front setback line 90' 90' Front setback: internal street 25' 30' Setback to Willow Drive 50' 50'* Minimum lot depth 125' 110'-125'** Minimum rear yard Lesser of 40' or 20% of lot depth Lesser of 40' or 20% of lot depth Min. side yard, lot line interior to RPUD 10' 10' Min. side yard, lot line exterior to RPUD 15' 15' Maximum building height 30' & 2-1/2 stories 30' & 2-1/2 stories Floor Area Ratio*** 0.5 0.4 Lot coverage by structure* * * NA NA * Existing house on Lot 1 at 40' setback from Willow will remain nonconforming * * Lots 4, 5, 6, 7 and 10 are just short of the 125' standard, but each contains a usable building site with acceptable rear yard *** Structural coverage for this development will be governed by Floor Area Ratio and the standard 15% lot coverage limit will not apply. Floor Area for FAR purposes will include 3 -season and 4 - season porches, but not screen porches that are smaller than 12' x 14'. 12. Lots 3-10 will be served by a new public road to be constructed by the developer to City standards for this 8 -lot plat. All 8 new lots will have driveways accessing the new road, and none shall have direct driveway access to Willow Drive. Lot 1's existing driveway access to Willow Drive will be allowed to remain. Because this is considered an urban development, the City will ultimately own and maintain the sanitary sewer lines and water mains. 13. The private recreation area of '10% of the platted property' required under the RPUD standards will be sufficiently met by the creation of Outlot B as a private open space area for use of the homeowners just within the development, in addition to the trail connection between the new road and Glendale Drive through the church property (Lot 2), such trail connection to be public and to be constructed by the applicant. The Council has determined that the trail and Outlot B, while comprising less than 10% of the area of new residential Lots 3-10, are adequate to provide for the recreational needs of this development, given that it is directly across Willow Drive from Hackberry Park. Page 5 of 14 L� CITY of ORONO RESOLUTION OF THE CITY COUNCIL NO. 54 2 0 14. The Park Commission has recommended that a 10' easement be dedicated to allow for future extension of the City's public trail system along Willow Drive. The developer will not be required to construct this trail extension. The City Council finds that the park dedication for this development should be in the form of a Cash Contribution in Lieu of Lands as allowed by the Municipal Code. No reduction or reimbursement of park fees will be allowed for construction of the trail connection to Glendale Drive, as that is considered as an element of the 10% private recreation area requirement. A Willow Drive trail crossing from the new road to Elm Lane should be provided (striping, signage), to be paid for by the City. 15. Stormwater management will be provided by stormwater catch basins and storm sewer lines as well as open swales which will discharge to a NURP stormwater pond to be located in Outlot A. In addition to the City of Orono, the Minnehaha Creek Watershed District has approval authority over the applicants' stormwater management plan. 16. The applicant has provided the following Plans attached to this Resolution as Exhibits B-1 through B-3 including: B-1: Preliminary Plat dated 2-7-06. B-2: Preliminary Grading, Drainage and Utility Plan dated 2-7-06. B-3: Preliminary Landscape Plan dated 11-14-05 and Supplement dated 1-23-06. Applicant has also provided additional preliminary plans not attached hereto. Council finds that the plans submitted are generally sufficient to indicate the intent of the developer and the potential impacts of the project. 17. The City Council finds that the proposed rezoning and proposed development of the property for single-family uses is appropriate for the property, will not have negative impacts on the surrounding properties when all Concept Plan Approval conditions are met, and is in keeping with the goals, policies and philosophies of the City. Page 6 of 14 • CITY of ORONO RESOLUTION OF THE CITY COUNCIL . NO. 15420 CONCLUSIONS, ORDER AND CONDITIONS NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Orono hereby approves the General Concept Plan for development of the property at 190 Willow Drive North and 177 Glendale Drive by Bohland Development, Inc. subject to the following declarations and conditions: 1. The City of Orono will approve rezoning of Lots 1 and 3-10 to RPUD as described herein upon City Council finding of satisfactory completion of the Conditions for Development Plan approval. Lot 2 shall remain zoned RR -113. 2. Conditions for Development Plan Approval are as follows: A. RPUD Development Standards and General Conditions. 1) Developer shall provide a final Development Plan for the development that conforms to all standards of the RPUD District except as modified herein, and shall demonstrate to the satisfaction of the City Council that all RPUD standards have been met and shall- demonstrate where such standards have not been met, and shall satisfy the City Council that non- compliance with said standards is remedied in a manner acceptable to the Council 2) Developer shall provide a - landscaping plan meeting all of the requirements of the RPUD District, and addressing the elements of Conservation Design to the satisfaction of the City Council. Final landscaping plans will be reviewed by the .City's consulting landscape planner for conformity with the RPUD standards. " 3) " The new road serving the- development shall be platted as a public roadway as shown on the Conceptual Plat. The road shall have an urban design, and shall have a corridor width of 50' and a paved width (face of curb to face of curb) of 28'. Page 7of14 CITY,of ORONO RESOLUTION OF THE CITY COUNCIL NO. .5 4 2 0 4) An 8' wide bituminous surfaced public pedestrian/bicycle trail shall be provided by the Developer within Lot 2 connecting from the public road to Glendale Drive (a portion of which will be in the City of Long Lake and will require Long Lake's approval). The City of Orono shall be responsible for maintenance of this public trail upon its completion and acceptance. Public easements including a suitable shoulder width shall be granted over said trail. Additionally, Developer shall grant a 10' trail easement along Willow Drive within Lots and 10 and within Outlots A and B, for future public trail construction by the City. C. Utilities; Stormwater Management 5) Sanitary sewer and municipal water mains shall be installed by the Developer per plans subject to approval by the City Engineer. 6) The City will own and -maintain the sanitary sewer and water mains within the development. The City will inspect these systems during their construction to ensure proper installation. Drainage and Utility Easements shall be granted to the City of Orono over all sewer and water utility lines and facilities, including the rights of way necessary to maintain same. 7) Developer shall provide suitable evidence of Minnehaha Creek Watershed District (MCWD) approval of the stormwater management plan before Development Plan Approval will be granted. The stormwater drainage system will be owned and maintained by a Homeowners Association to be established by the Developer. D. Wetland Impacts 8) Applicant shall demonstrate to the satisfaction of the City Council that all requirements of the Minnehaha Creek Watershed District as administrator of the WCA regulations on Orono's behalf, are complied with. Page 8 of 14 11 14� 0 9) CITY of ORONO RESOLUTION OF THE CITY COUNCIL NO. 5420 Orono's wetland buffer and buffer setback requirements (Zoning Code Section 78-1608) shall be met, except as follows: a) Deminimus fill of 1700 s.f. of wetland in Lot 8 and 300 s.f. of wetland to accommodate the new road shall be allowed. b) The 20' wetland buffer setback shall be reduced to 10' for the ditched wetland along the westerly portion of Lot 10. E. Grading, Erosion Control 10) Erosion control shall adhere to 'Best Management Practices for Protecting Water Quality in Urban Areas". All erosion controls as required by the City and the MCWD shall be in place prior to commencing excavation on the site. All such erosion control measures shall be maintained in working order until the site is revegetated. 11) The construction limits shall be clearly marked with adequate fencing to prevent any construction damage or disturbance of any, trees and vegetation outside of the construction limits area. Developer shall identify trees to be preserved on site, shall mark them on a site plan, and shall take extraordinary measures such as fencing, signage, etc. to ensure they are not disturbed. F. Other General Conditions. 12) A monument sign may be provided by the developer at the entrance to the RPUD development site within Outlot B. The signage shall be limited to a development name and/or logo and on the monument sign. Final design/materials of monument signage shall be provided as part of the N final development plan submittals and shall be subject to approval by the City Council. Page 9 of 14 • 4 CITY of ORONO RESOLUTION OF THE CITY COUNCIL NO. 5420 13) The applicable general engineering comments and or conditions provided by the City Engineer during the review process shall be suitably addressed by the Developer in the development plan submittals. 14) Developer shall provide copies of proposed covenants and documents describing the structure, rights and responsibilities of the homeowners association to be reviewed by the City Attorney. G. Plans and Specifications. The following plans and specifications shall be submitted for review and approval by the City and other appropriate jurisdictions: i) Final plans and specifications for all proposed utility lines and services, including any proposed revisions to existing service facilities. Proposed plans shall be provided to the City for final review and approval with the Preliminary Plan set. The Public Works Department and any other pertinent reviewing agencies shall review and approve all utility improvements. Final sanitary sewer and watermain plans shall be provided and are subject to approval by the Public Works Department and City Engineer, as well as the City of Long Lake. ii) Final grading, drainage and erosion control plan showing existing and proposed contours, building locations, elevations, stormwater facilities and calculations, utilities and erosion control measures to be used during construction. Development Plan Approval and final plat approval will not be granted until the Minnehaha Creek Watershed District and has approved the stormwater plans. iii) Final landscaping design plan with planting schedules including numbers and species, in accordance with the landscaping requirements of the RPUD zoning district, and the recommendations of Applied Ecological Services. iv) Final building construction plans, including Final Grading & Drainage Plan and SWPP Final Landscape Plan. Road and Utility Plan Any additional plans deemed necessary by the City Engineer. Page 10 of 14 CITY of ORONO RESOLUTION OF THE CI 6OUNCIL NO. L H. Platting Process. Applicant shall complete all requirements for Final Plat Approval as follows. The following list of final submittals must be submitted to the Zoning Administrator 2 weeks prior to the regularly scheduled Council meeting on the second and fourth Mondays of the month. These submittals are as follows: 1. Record plat drawings in the form of two (3) mylar copies (one copy for the City's records, one for filing with Hennepin County, and one copy for approval by the city of Long Lake) and one (1) copy reduced to 1" = 200'. Drawing to include: A. Lot lines platted per preliminary plat survey/drawing by Mark S. Gronberg, latest revision dated February 7, 2006 attached hereto as . • Exhibit B-1, except as modified herein. B. Dedication of "drainage and utility easements" 10' along exterior property lines and 5' along the interior property lines. C. Dedication of areas shown as wetlands. D. Dedication of "Drainage Easements" over all drainageways E. Naming of plat. 2. Legal documents required: A. Title opinion addressed to the City or a title insurance policy in favor of the City. All owners, mortgage holders or others with property interest indicated therein shall sign the plat and all other documents affected by such interest. B. The _. applicant - must - provide certified copies 'of all recorded easements currently affecting the property. C. Signed Conservation and Flowage Easement to be granted over all • delineated wetlands on the plat that will not be subject to approved deminimus filling. Page 11 of 14 0 CITY of ORONO RESOLUTION OF THE CITY COUNCIL NO. 5.4 2 0 D. Signed Buffer Maintenance Agreement. E. Signed Developers Agreement and Letter of Credit for construction of improvements. The City Engineer shall establish the amount to be provided in the Letter of Credit. Plat approval fees to be paid: Total due: $ 530.00 A. Final plat fee = $280.00 B. Legal review & filing fees for subdivision and associated documents = $250.00 • I. Development Agreement. Development Approval is contingent upon the successful execution of a Development Agreement between the applicant and the City. Such Agreement shall address all specific City requirements for the development. J. Financial Guarantee. The Development Agreement shall include a financial guarantee by the applicant to ensure the completion of site improvements. The City Engineer shall complete an estimate of improvement costs, including but not limited to public and private streets, curb & gutter, stormsewer, landscaping, grading, erosion control, utilities, trails, and stormwater management facility construction, and the applicant shall provide to the City a financial guarantee of 150% of the improvement costs. K. Storm Water and Drainage Trunk Fee. The standard Storm Water and Drainage Trunk Fee for residential development shall be paid by the developer per the 2006 City Fee Schedule. The area of proposed Lot 2, the church parcel, shall not be included in the calculation of area for this fee. 5.6 acres x $4,275 per acre = $23,940.00 L. Park Dedication. The Developer' shall pay the standard Park Dedication Fee for 8 new lots per the 2006 City fee Schedule. Assuming each lot has a value in excess of $69,735 the lots are subject to the maximum park fee of $5,550 per dwelling unit. 8 new dwelling units x $5,550 per d.u. _ $44,400.00 Page 12 of 14 CITY of ORONO RESOLUTION OF THE CITY COUNCIL NO. 5420 M. Sewer and Water Connection Charges. There are no City of Orono sewer and water connection charges due because the Developer will be installing a complete lateral system connecting to existing systems. The Developer shall be responsible for any connection charges imposed on the City of Orono or on the Developer by the City of Long Lake for connection to Long Lake systems. MCES Sewer Availability Charges will be collected for each Lot at the time building permits are issued for each Lot. 3. This concept plan approval is based upon the known issues that may affect this project, but this approval does not limit the City from revising or amending these conditions as the review process continues. • 4. This General Concept Plan Approval resolution approves the development concept subject to the applicant meeting the requirements of this resolution and all other requirements of the City. This resolution does not constitute approval of the rezoning. Such approval shall only be considered when the City Council finds that all "Conditions for Development Plan Approval" as identified herein have been met. 5. This General Concept Plan Approval shall be effective until December 31, 2007. If complete application for Development Plan Approval has not been made by that date, the terms and conditions of this resolution shall be null and void. The City Council at its sole discretion may extend this effective period. Adopted by the Orono City Council on this 13th day of February, 2006. ATTEST: in a S. Vee, City Clerk Barbara A. Peterson, Mayor Applicant • (for Bohland Development, Inc.) Page 13 of 14 LJ • STATE OF MINNESOTA COUNTY OF HENNEPIN CITY of ORONO RESOLUTION OF THE CITY COUNCIL NO. 5420 The foregoing instrument was acknowledged before me on this aq day of 2006 by Barbara A. Peterson, Mayor of the City of Orono, a Minnesota municipal corporation and said instrument was executed on behalf of the City. lyry✓1.1J✓fll�C/.11.�C/lJ./✓/.'G✓/✓.iC�"f� STATE OF MINNESOTA COUNTY OF HENNEPIN Notary Public The foregoing instrument was acknowledged before me on this v;27 day of 2006 by Linda S. Vee, City Clerk of the City of Orono, a Minnesota municipal corporation and said instrument was executed on behalf of the City. ✓. rJ. /!✓l. rte!!. l- �!!J!JY!!!!!!!( ��a ��i �1' •1 • 1 1' 1 11 STATE OF MINNESOTA COUNTY OF HENNEPIN Notary Public - On this A?_3 day of , 2006, Steven Bohl, f Bohland Development, Inc. personally appeared before me on behalf of Bohland Development, Inc. uc ✓!!!./.�Jll...�Jll./.�Jlrl./lllJJ� Notary Public Page 14 of 14 LEGAL DESCRIPTION OF PREMISES : EXHIBIT A 5 4 2 0 RESOLUTION NO. All that port of the Southwest Ouorter of Section 34. Township 118 North, Range 23 West of the 5th Principal Meridian, described as follows: Commencing at a point on the West line of aforesaid Southwest Ouarter a distance of 1018.875 feel (61.75 rods) South of the Northwest corner thereof; thence East and parallel to the North line of said Southwest Ouarter, 214.00 feet (12 rods 16 feet) to a point, said point being the true point of beginning of the property being described: thence continuing East on the lost described line 321.255 feet (19.47 rods) ; thence South and parallel to the West line of said Southwest Ouorter, 810.97 feet, more or less, to a point which is 813.55 feet North of the South line of said Southwest Ouarter, measured parallel to the West line of said Southwest Ouorter; thence West and parallel to the aforesaid South line 321.255 feet, more or less, to a point, said point being 214.00 feet East of the West line of said Southwest Ouorter; thence North, and parallel to the West line of said Southwest Ouorter, 810.97 feet, more or less, to the true point of beginning, according to the united States Government survey thereof, on file or of record in the office of the Register of Deeds, in and for Hennepin County, Minnesota. 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