Minutes - 2005 - Planning & Zoning - 11/21/2005 - Regular
THE CITY OF EAGLE
PLANNING & ZONING COMMISSION
November 21, 2005
6:30 P.M.
ORIGINAL
Minutes
1. CALL TO ORDER: Meeting called to order at 6:42 p.m.
2. ROLL CALL: Present: PIERCE, MARKS, BANDY, LIEN, ASPITARTE. A
quorum is present.
3. CONSENT AGENDA:
. Consent Agenda items are considered to be routine and are acted on with one motion.
There will be no separate discussion on these items unless the Chairman, a
Commissioner, member of City Staff, or a citizen requests an item to be removed
from the Consent Agenda for discussion. Items removed from the Consent Agenda
will be placed on the Regular Agenda in a sequence determined by the Rules of
Order.
. Any item on the Consent Agenda that contains written recommendations from the
City of Eagle shall be adopted as part of the Planning & Zoning Commission's
Consent Agenda approval motion unless specifically stated otherwise.
A. Minutes of November 7, 2005.
B. Findilll~s of Fact and Conclusions of Law for A-ll-04/RZ-17 -04/CU-I0-
04/PPUD-3-04/PP-9-04N AC-2-04 - Eal!lefield Estates Subdivision Planned Unit
Development - D.H. Development. LLC: Eaglefield, LLC, represented by
Landmark Engineering & Planning Inc., is requesting an annexation and rezone from
RR (Residential Rural) to R-2-P (Residential up to two units per acre PUD), R-4-P
(Residential up to four units per acre PUD) and MU-P (Mixed Use PUD), conditional
use, preliminary development plan, preliminary plat and vacation of right-of-way
approvals for Eaglefield Estates Subdivision planned unit development. The 142.4-
acre, 419-1ot (377-buildable-362 single family lots and 15 four-plex lots, and 44
common) residential subdivision is generally located 650-feet west of Linder Road
and north of State Highway 44.
C. Findinl!s of Fact and Conclusions of Law for RZ-17-05 - Rezone from R-3
(Residential 3 units per acre) to R-4-DA - Gemstar Development. LLC: Gemstar
Development, LLC is requesting a rezone from R-3 (Residential 3 units per acre) to
R-4-DA (Residential 4 units per acre with a Development Agreement). The 6.92-acre
site is located on the south side of East Hill Road approximately 1, IOO-feet west of
State Highway 55 at 2511 East Hill Road.
D. Findinl!s of Fact and Conclusions of Law for PP-12-05 - Preliminary Plat for
Gladstone Subdivision - Gemstar Development. LLC: Gemstar Development,
LLC, is requesting preliminary plat approval for Gladstone Subdivision. The 6.92-
acre, 23 lot (17 buildable, 6 common) subdivision is located on the south side of East
Hill Road approximately 1,100-feet west of State Highway 55 at 2511 East Hill Road.
E. Findinl!s of Fact and Conclusions of Law for FPUD-05-05 & FP-09-05 - Final
Development Plan and Final Plat for RiversEnd No.3 Subdivision - Howell-
Kiser Development Corp.: Howell-Kiser Development Corp. is requesting final
development plan and final plat approval for RiversEnd Subdivision No.3, an II-lot
(6-buildable, 5-common) residential subdivision. This 25.108-acre phase of
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RiversEnd Subdivision PUD is located between the North and South Channels of the
Boise River approximately Y2 -mile east of Eagle Road on East Island Woods Drive.
Aspitarte moves to approve the consent agenda. Seconded by Lien. ALL AYE...
MOTION CARRIES.
4. UNFINISHED BUSINESS: None
5. PUBLIC HEARINGS:
A. A-IZ-0S/RZ-19-0S - Annexation and Rezone from RUT (Rural Urban
Transition) to MU-DA (Mixed Use with a Development Al!reement) Lonesome
Dove Ranch - Hawkins Companies: Hawkins Companies represented by Bart
Longson is requesting approval of an annexation and a rezone from RUT (Rural
Urban Transition) to MU-DA (Mixed Use with a Development Agreement). The
41.20-acre site is generally located on the southwest comer of Riverside Drive and
State Street at 1505 Riverside Drive. Staffis requesting this item be continued to
the December 5, 2005 meeting.
Marks moves to continue item A-IZ-0S/RZ-19-0S - Annexation and Rezone to the
December Sth, ZOOS meeting. Seconded by Pierce. ALL AYE. MOTION
CARRIES.
B. CPA-7-0S - Comprehensive Plan Text Amendment to Establish the East Linder
Planninl! Area - City of Eal!le: The City of Eagle is requesting a Comprehensive
Plan Text Amendment to establish the East Linder Planning Area and adopt policies
pertaining to land uses, design and access. The site is the square mile bounded by
Floating Feather on the south, Meridian Road on the east, Beacon Light on the north
and Linder Road on the west.
Bandy introduces the item.
Susan Buxton, City Attorney, discusses that one of the Commissioners may have a
conflict in hearing this item. Commissioner Lien recuses herself as she owns property in
the Linder Planning Area.
Bill Verschuren, City Planner, reviews the application.
Bandy opens the public hearing.
Cheryl Wettstein, 1597 S. River Grove Way. Her major concerns is increasing the
density. She is in favor of the smaller lots for taxable revenue for City of Eagle.
Alan Armstrong, 4494 North Croft, concerned about the increase of density. Would like
it to remain rural in the area.
Bill Scott, 2645 N. Saddle Mountain. Has concerns about the density. Would like it to
remain in a country setting instead of higher density.
Gary Heikus, 4305 N. Willow Creek Road. Has lived here for 15 years. Likes the rural
atmosphere. Would like to see the area stay at 2 acre parcels.
Michael Tiegs 2347 N. Bottle Creek Place, in Callaway Ranch. Does not want the
density to change. Would like to see more of a transition from the higher density to
existing lots.
Jason Perry, 2458 N. Bottle Creek. Believes the areas have both positive and negative.
Discusses transition in the area. Talks about some of the larger lots that are already in the
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area. He is comfortable with transitioning but would like to see more of a buffer.
Discusses traffic issues in the area.
Commissioner Pierce asks staff about the roads and who has jurisdiction.
Susan Buxton, City Attorney, explains that the City does not have jurisdiction over the
roads.
Marie Helfrig, 2888 N. Linder Road. Bought property about 3 years ago. Submitted a
letter to Planning and Zoning on Friday. Little Feather Road is a private lane and is in
the wrong location on the map. Would like to see this removed from the map.
Ron Felberg, with Park Place Partners, land owner to property of the area. Assumed the
property for the Park Place project. There have been significant changes to the project.
They plan on having more meetings with other property owners in the area and hope they
can come up with the project that makes all happy.
Spencer Kofoed, 2097 N. Crooked Drive. Invested in the land in the area based on the
2025 Comprehensive Plan. Believes the development will be good for the area.
Curtis Betts, 1835 N. Park Lane. He likes the plan except for the text. Does not want to
be part of the transitional area, would like to be in the Y2 acre designation.
Kim Dumas, 3174 W. Champagne Court. Appreciates the fact that the City is working
with the land owners in the area. She is against the change and does not feel that there is
a logical enough transition.
Lane Toped, 22958 Carnide Court in Middleton. Owns property with Chad Moffat in the
area. There was a great deal of opposition of a development they had brought forward in
the area. They were reliant upon the Comprehensive Plan that was adopted last year.
Supports the change.
Doug Hegemyer, 3530 W. Fieno, representing Cavallo Subdivision. There were about a
hundred people that were opposed to the Park Place Gardens Development. They also
were opposed to the Moffat Subdivision. Appreciative of the City trying to work with the
homeowners in the area to find a compromise. The proposal is more dense than what
was discussed in previous meeting. Would ask the Commission to vote no.
Ted Martinez, 1875 N. Screenpoint Lane. Believes that the City did a good job trying to
work with the people that own land in the area. Believes that the Comprehensive Plan is
a good thing. Discusses some of the other areas that were purchased after the
Comprehensive Plan was adopted. He would like to see the plan stay as is.
Curtis Hopewell, 3525 N. Croft, Buckhorn Estates. Wants the area to be 2 acres. Does
not want high density in the area and does not want the taxes to go up. The higher the
density the higher the cost. Discusses traffic issues. Is against the plan.
Steve Martinez, 1772 W. Sugarberry. Discusses that there will always be unhappy
people when it comes to a new Comp Plan. Talks about if the text is changed, thinks that
down the road, there will be more people trying to get the text change. Believes the plan
should remain how it is.
Kathy Nahas, 2634 E. Gladstone Place, Lexington Hills. Has been a real estate agent for
almost 25 years. Likes the larger acreage in the area. Discusses that the Comprehensive
Plan was changed from Linder Road west on not in this area and would like to see
documentation that this area was changed on September 14.
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Leah Conrad, 1464 N Razza Way. Has a home under construction in Cavallo Estates.
Would like to see the open space stay. Does not believe there is a transition.
Greg Gridley, 131 S. Marjorie, Middleton. Supports the original 2025 Comprehensive
Plan.
Lynn Proctor, 3665 W. Tabasco Trail. Believes that the proposed development is good
for the area. Is for the Comprehensive Plan.
Michael Hester, 3950 W. Nighthawk Lane. Wanted the open space when they bought
their property. Does not want the higher density. Believes it should go back to 2 acre
minimum.
Foad Rogani, 175 S. Rosebud Lane. Homeowners, developers and city staff working
together. Discusses the modification of the maps. Discusses some of the changes of
proposed developments in the area. Discusses the meetings for the 2025 plan. He
attended all of the meetings and did see all the maps. Talks about people that purchased
their lots in the last 6 months.
Larry Meadors, W. Night Hawk Lane, has been to several of the meetings. Responds to
some of the developers comments. Believes the comp plan shouldn't have been changed
and that it favors the developers. Wants to see the larger lots stay in the area. Discusses
some of the transition issues.
Randy Hallman, 4807 W. Little Feather Lane, moved here in 1991. Used to live on
Rooster Drive. Discusses some of the other subdivisions, transitioning, buffering and
growth in the area. Expresses concerns about utilities instead of septic systems because
of environmental reasons. Felt that discussions for the Comp Plan and that the areas in
discussion were west of Linder Road. Talks about the 300' notification. Believes there
should be a compromise between land owners.
A short recess is called.
Meeting reconvenes at 8:25 p.m.
John McMahon, 1875 N. Loxley Way. Bought property thinking land in the area would
be 2 acre parcels. Has concerns with the transition in the area. He is against the plan.
Chrystal Menaffee, 3332 W. Fieno Drive, Cavallo Estates. Discusses when Moffat
Subdivision went to City Council. Feels that there were notification issues at the time the
Soaring 2025 Plan was being heard especially to land owners to the east of Linder. Does
not agree with the plan.
Jerry Sullivan, 1736 N. Clarenden Way, representuing Canterberry. Discusses that the
area was changed without their knowledge. Has concerns about transition, narrow roads
and sidewalks. Believes there should be a better plan for traffic and feels that the density
is too high.
Stacy Lingel, 2440 N. Park Lane, recently purchased land. Would like the area to remain
R-2.
Dwane Lingel, 2440 N. Park. Purchased their land knowing it was R-2. Planned ahead
and met with the City Planners before purchasing. Would like to see the area stay R-2.
Eliza Masoft, 910 E. Cleveland, attorney representing the Lingels. Discusses that the
Comprehensive plan is for a Community not for just individual homeowners. She
submits a red-lined version of the proposed amendment for the record.
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Pat MankChevich, Buckhorn Estates, represents the homeowners. Feels developers
should be able to afford to have larger lots.
Dave Dumas, 314 W. Champagne. Has questions regarding gross and net density.
Discusses the text of the proposed change and interpretations. Does not agree to with the
plan.
Tyler Pace, 14377 W. Kettle Creek. Part of a development team for the area. Not all
developers are just concerned with making money. Discusses other developments in the
area and how desirable the Eagle area is to live.
Jean Richardson, 3171 W. Deerfield. Chose to live on 5 acres and was told about the
2000 plan. Would like to see the area stay 2 acres.
Michael Huffaker, 1753 N. Chauser Way, Attorney. Moved into the area with the
understanding that this square mile was going to stay 1 unit for 2 acres. Has heard that
the City attorney believes that the notification for this area was sufficient. Believes that
the notice for the area was not sufficient. Discusses the City Council meeting for Moffat
Subdivision and that the Council felt the development was not a good fit.
Ken Tanner, 4585 W. Blue Teal Court. Feels that they were not properly notified by the
City of the Comprehensive Plan change. Discusses the overlap of Star and Eagle area of
impacts. Asks that the commission reject the proposal.
Gaylord Dubi 4210, N. Linder Road. In favor of the current plan.
Patty Dubi, 431O N., in favor of the plan.
Mark Beckman, 3070 N. moved here in 1989 and new that Eagle was a growing
community. Discusses the growth around his property and traffic issues.
Al Shoushtarian, 1119 N. Eagle Road. Is a City Planner and a developer. Discusses that
the comprehensive plan contradicts itself.
Bill Scott, Callaway Ranch. Purchased his land before the comp plan change. Would
like to get the documentation for the proposed change. Would like to get the number of
people who want to subdivide in the area.
Susan Buxton, City Attorney informs the commission that a public records request can be
filled out during office hours.
Chrystal Menafee, discusses that not all people who are sitting here are not all
millionaires. The area in the square mile should return to 1 unit to 2 acres.
Dwayne Lingel comments on the square mile and that not all lots are two acres in this
area.
Bandy closes the public hearing.
A short recessed is called.
Meeting reconvenes at 9:43 p.m.
Susan Buxton, City Attorney, gives an overview of the application and that this is a text
amendment and not a map changed. She also discusses the notifications of the 2025 plan.
Stands for questions from the Commission.
Commissioner Bandy asks about the transition of the lots in this area. Susan Buxton
states that the Comprehensive plan is used as a guide.
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Nichoel Baird Spencer discusses the vision map that was presented to the commission
and the density for this area. She also discusses Little Feather Lane and to why it was on
the vision map.
Discussion amongst the Commission.
Marks moves to recommend denial of CPA. 7 -OS - Comprehensive Plan Text
Amendment to Establish the East Linder Planning Area. Seconded by Aspitarte.
FOUR AYE (Lien abstained).. .MOTION CARRIES.
6. NEW BUSINESS: None
7. REPORTS: None
8. ADJOURNMENT:
Aspitarte moves to adjourn. Seconded by Pierce. ALL A YE...MOTION
CARRIES.
Hearing no further business, the meeting adjourned at 1O:1O p.m.
RESPECTFULLY SUBMITTED:
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CITY CLERK/TREASURER
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pHILLIP J. BANDY
CHAIRMAN
A TRANSCRIDABLE RECORD OF THIS MEETING IS A V AILABLE AT CITY HALL.
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November 16, 2005
FZ ii/4v5
General Comments: Changes in the language have been made because the
initial language reads less like the guidance of a Comprehensive Plan and
more like a rigid subdivision ordinance with set standards. The
Comprehensive Plan is not at the same level, legally, as a subdivision or
zoning ordinance and should reflect that fact. As stated in Urrutia v. Blaine
County, 2 P.3d 738, 742-3 (2000), "a comprehensive plan does not operate
as legally controlling zoning law, but rather serves to guide and advise the
governmental agencies responsible for making zoning decisions."
The Plan is, by its nature, long-range and general and does not provide for
specific, precise or immediate land uses. The Comprehensive Plan needs to
provide the City with the flexibility the City needs to review applications in
light of the facts and circumstances presented. That is, the City has
discretion over the projects it reviews — especially if those projects are
planned developments which the language below seems to mandate.
6.4K East Linder Planning Area
The East Linder Planning Area is bounded on the north by Beacon Light Road, on the
south by Floating Feather Road, on the east by Meridian Road, and on the west by
Linder Road. The area contains four existing residential subdivisions developed as 1.8
acre lots, consuming 1/3 of the land area. The remaining 2/3 of land area consists of
larger parcels of land with single-family homes and agricultural fields.
6.4K.I Uses:
The land use and development policies specific to the East Linder Planning Area
include the following;
All new residential dwellings, on the east side of Park Lane, boarding Cavallo Estates
and Henry's North Forty pay buffer these developments with up to the same sized lots
at the exterior edges.
Transitioning„may be accomplished with 2-acre lots adjacent to 1-acre lots and 1-acre
lots adjacent to .5-acre lots. Residential density for new residential uses may provide
transitional lot sizes}lp to 1-acre lot sizes to the north along Beacon Light Road and u. P
to .5-acre lots to the west along Park Lane.
All new dwellings, on the west side of Park Lane, boarding Callaway Ranch
subdivisionjnay buffer these developments with up to the same sized lots at the
exterior edges.
The north and west borders of the existing Loch Lomand subdivision play be buffered
with up to 1-acre sized lots for transitional purposes. Transitioning,may be
accomplished with up to 1-acre lots to .5 acre lots for the rest of the area.
Page 1
Deleted: shall
Deleted: shall
Deleted: down
Deleted: down
Deleted: shall
Deleted: shall
Deleted: shall
All new residential developments shall provide internal local road circulation,
including the use of existing stub streets, and a proper street hierarchy to safely and
efficiently move traffic through the area without forcing local trips onto the regional
roadway network.
All new residential developments in the East Linder Planning Area are encouraged to
,be completed as a planned unit development and/or development agreement.
A power station is proposed on the southeast comer of Beacon Light Road and Linder
Road, which shall only have access from Linder Road and comply with Eagle
Landscaping Standards.
The Chevron Pipe Line crosses the southwest portion of the area. There exists a 16.5
ft. right-of-way which shall be utilized as open space or a greenbelt with grass, small
shrubbery, or passive recreation activities including trails.
Existing Canals, waterways, and drains shall be used for regional trail connections as
well as natural boundaries for density transitions.
6.4K.2 Access:
Access for new residential developments shall be encouraged to extend only from
Linder Road, Park Lane, Meridian Road, Floating Feather Road and Beacon Light
Road. Proposed streets shall line up with Weldon Road along Floating Feather Road,
Dorchester Road on Meridian Road, Croft Road on Beacon Light Road, Tabasco on
Park Lane, and Little Feather of Linder Road.
Access shall be allowed per Ada County Highway District policy manual but new
access points shall align with existing whenever possible.
Calming circles shall be constructed between any new residential development and the
stub streets of existing subdivisions to slow traffic and help transition between differing
street sections.
6.4K3 Design:
The area shall be designed with a residential character. Lot sizing and scaling should be
compatible to the existing residential uses currently present in the area.
Modified setbacks should be considered to ensure,compatible streetscape between new
and existing developments.
Transitional lot sizes,rlay be used when new development abuts existing subdivisions.
6.4K.4 Issues:
The main concern is $o ensure transitioning and buffering of existing residential uses
when new development occurs.
Page 2
Deleted: shall
Deleted: limited to
Deleted: consistent
Deleted: shall
l Deleted: the protection of existing large 1
lot areas and J
The vision for the area is contingent on the integration of residential uses and providing
a flow of housing units throughout the area to avoid creating defined separation from
estate areas and moderate density areas.
Development densities within the Western Area Plan are maximums in order to achieve
proper buffering and transition between lot sizes, it may not be achieved.
v
EAGLE PLANNING & ZONING COMMISSION
PUBLIC HEARING SIGN -IN SHEET
CPA-7-05 — Comprehensive Plan Text Amendment to Establish the East
Linder Planning Area — City of Eagle
November , 2005 at 6:30 p.m.
PLEASE PRINT LEGIBLY
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EAGLE PLANNING & ZONING COMMISSION
PUBLIC HEARING SIGN -IN SHEET
CPA-7-05 — Comprehensive Plan Text Amendment to Establish the East
Linder Planning Area — City of Eagle
November , 2005 at 6:30 p.m.
PLEASE PRINT LEGIBLY
NAME
ADDRESS
TELEPHONE
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EAGLE PLANNING & ZONING COMMISSION
PUBLIC HEARING SIGN -IN SHEET
CPA-7-05 — Comprehensive Plan Text Amendment to Establish the East
Linder Planning Area — City of Eagle
November , 2005 at 6:30 p.m.
PLEASE PRINT LEGIBLY
NAME
ADDRESS
TELEPHONE
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