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Minutes - 2023 - Planning & Zoning - 11/20/2023 - Regular THE CITY OF EAGLE PLANNING AND ZONING COMMISSION November 20,2023 Minutes 1. CALL TO ORDER: Meeting called to order at 6:00 p.m. 2. ROLL CALL: Present: WRIGHT, GUERBER, MCAULEY, MCLAUGHLIN, SMITH. Absent: S'IRIGHT. A quorum is present. 3. CONSENT AGENDA:ALL CONSENT AGENDA ITEMS ARE CONSIDERED ACTION ITEMS. ♦ 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 6,2023. (ELL) B. Findings of Fact and Conclusion of Law for the Approval of RZ-08-23—Rezone from A-R to R-E- DA—Robert West: Robert West is requesting a rezone from A-R(Agricultural-Residential)to R-E-DA (Residential-Estates with a development agreement).The 4.95-acre site is located on the east side of North Beverly Drive approximately 860-feet south of the intersection of West Floating Feather Road and North Beverly Drive at 950 North Beverly Drive.(MJW) Mclaughlin moves to approve the consent agenda as presented. Seconded by McCauley. ALL AYE...MOTION CARRIES. 4. UNFINISHED BUSINESS:None. 5. PUBLIC HEARINGS:ALL PUBLIC HEARING ITEMS ARE CONSIDERED ACTION ITEMS. A. RZ-06-23—Rezone from C-2 to MU-DA—Regen: Regen,represented by Justin Schwartz, is requesting a rezone from C-2(General Business District)to MU-DA(Mixed Use with a development agreement [in lieu of a conditional use permit])for Aspen Pointe Plaza,a commercial and residential(5-dwelling units [1-triplex and 1-duplex])mixed use development. The .72-acre site is located on the north side of East State Street approximately 300-feet east of the intersection of South Academy Avenue and East State Street at 1332 and 1442 East State Street. (MJW) Justin Schwartz,with Regen provides an overview of the application. Chairmen Wright arrives at 6:12pm. Schwartz continues with the presentation. Schwartz responds to questions from the Commission. City Planner,Micheal Williams,provides an overview of the application. Planner Williams responds to questions from the Commission. Chairman Guerber opens the public hearing. Page 1 of 4 K:\P&Z\MINUTES\Temporary Minutes Work Area\PZ-11-20-21doc Jay Gibbins, 2002 South Vista, Boise, Idaho. Gibbins supports the application and explains that the parking, cross access and the sound problem is being worked on. Gibbins responds to questions from the Commission. Schwartz responds to questions raised during the public hearing. Schwartz responds to questions from the Commission. Chairman Guerber closes the public hearing. Discussion amongst the Commission. Wright recommends the denial of RZ-06-23 — Rezone from C-2 to MU-DA — Regen following conditions for the applicant which would be the four bullet points sited on the staff recommendations page four of thirteen of the staff analysis. Starting with bullet point one, proposed development agreement identifying the specific uses to be allowed. Bullet point two, the revised site plan showing the residential uses removed. Bullet point three, provide site plan showing the parking and buffer area as designed to be in conformance with Eagle City Code 8-4-5 and 8-3-3 (D). Bullet point four, the proposed cross access agreement with the owner of the property located on the east of the proposed element. Seconded by McLaughlin.ALL AYE...MOTION CARRIES. B. CU-07-23—Conditional Use Permit for a Restaurant(with drive-through)—Landmark Pacific Investors,LLC: Landmark Pacific Investors, LLC,represented by Andrew Newell with BAWCE, is requesting conditional use permit approval for a restaurant(with drive- through)within a MU-DA(Mixed Use with development agreement)zoning district.The 2.84-acre site is located at the northeast corner of State Highway 44 and West State Street. (MJW) Blaine Warner, 4355 West Emerald Street, Boise, Idaho. Warner provides an overview of the application. Warner responds to questions from the Commission. City Planner,Micheal Williams provides an overview of the application. Planner Williams answers questions from the Commission. Chairman Wright opens the public hearing. Jan Weed, 1378 West Yellowstone, Eagle, Idaho. Weeds opposes the application, and expresses concerns related to the application not being harmonious with the surrounding neighborhoods. Kay Maffey, 1650 Herford Drive, Eagle, Idaho. Kay opposes the application, and expresses concerns related to traffic. Rebecca Fitzpatrick, 1517 West Powder Court, Eagle, Idaho. Fitzpatrick opposes the application, and expresses concerns related to traffic. Fitzpatrick responds to questions from the Commission. Corey Levin, 1179 North Lionshare Place, Eagle, Idaho. Levin opposes the application, and expresses concerns related to traffic. Levin responds to questions from the Commission. Tina Sepulveda, 2173 West South Fork Drive, Eagle, Idaho. Sepulveda opposes the application, and expresses concerns related to the drive through, noise, and the traffic. Kenneth Hebert, 2396 West Buckhorn Court, Eagle, Idaho. Hebert expresses concerns about any multi-story buildings that could possibly go up. He proposed that the drive through be a right turn Page 2 of 4 KAP&Z\MINUTES\Temporary Minutes Work Area\PZ-11-20-23.doc only. Warner responds to questions raised during the hearing. Chairman Wright closes the public hearing. Discussion amongst the Commission and staff. McLaughlin recommends the motions of denial for CU-07-23 — Conditional Use Permit for a Restaurant (with drive-through) — Landmark Pacific Investors, LLC with the following caveats if the site-specific conditions on page four, that the drive through portion of recommendation number one and two be removed and all the other site-specific conditions and standard conditions be included. Seconded by Guerber. Discussion amongst the Commission and staff. McLaughlin withdraws motion.ALL AYE...MOTION CARRIES. Guerber recommends the approval of CU-07-23 —Conditional Use Permit for a Restaurant (with drive-through)—Landmark Pacific Investors,LLC as proposed. Seconded by Smith. Discussion amongst the Commission and staff. Guerber amends motion to include Planner Williams, verbiage, "The coffee shop with a drive use through shall be limited to Pad A, shown on conceptual site plan, date stamped from the City date stamped on May 23,2023. Limit the drive through to a coffee shop, and change the site-specific condition number two, to add coffee shop to ensure the drive through is only a coffee shop. Change site specific condition number five, to add Pad C as part of the Lot Line Adjustment." Seconded by Smith. TWO AYE (GUERBER, MCCAULEY),THREE NAY(WRIGHT,SMITH,MCLAUGHLIN)...MOTION FAILS. McLaughlin recommends for denial of CU-07-23—Conditional Use Permit for a Restaurant (with drive-through) — Landmark Pacific Investors, LLC. Seconded by Smith. THREE AYE (WRIGHT, SMITH, MCLAUGHLIN), TWO NAY (MCACAULEY, GUERBER) ...MOTION CARRIES. 6. NEW BUSINESS: None. 7. REPORTS: A. Commission: Smith would like to know if the city code could be hyperlinked in the staff report. B. City Attorney:None. C. Staff: Planner Williams provides an update regarding the items scheduled for the next Planning and Zoning Commission. McLaughlin won't be in attendance for the next Planning and Zoning meeting; Smith may leave early. 8. ADJOURNMENT: Wright moves to adjourn. Seconded by Guerber. ALL AYE...MOTION CARRIES. Hearing no further business,the Commission meeting adjourned at 8:56 p.m. Page 3 of 4 K NP&DMINUTES\Temporary Minutes Work AreaTZ-11-20-21doc 7;SUBMI ' : IL . LOC , CLERK OF THMEETING APPROVED: TRENT WRIGHT, CHAIRMAN AN AUDIO RECORDING OF THIS MEETING IS AVAILABLE FOR DOWNLOAD AT W W W.CITYOFEAGLE.ORG. Page 4 of 4 KAP&Z\MINUTES\Temporary Minutes Work Area\PZ-11-20-23.doe CITY OF EAGLE -PLANNING & ZONING COMMISSION PUBLIC HEARING SIGN-IN SHEET CU-07-23—Conditional Use Permit for a Restaurant(with drive-through)—Landmark Pacific Investors, LLC: Landmark Pacific Investors, LLC, represented by Andrew Newell with BAWCE, is requesting conditional use permit approval for a restaurant (with drive-through) within a MU-DA (Mixed Use with development agreement) zoning district. The 2.84-acre site is located at the northeast corner of State Highway 44 and West State Street. (MJW) November 20, 2023 NAME (PLEASE PRINT) ADDRESS TESTIFY? (Y/N) PRO/CON L r AJ /1 r� �, n . k_0 b -6 � r CITY OF EAGLE - PLANNING & ZONING COMMISSION PUBLIC HEARING SIGN-IN SHEET RZ-06-23 — Rezone from C-2 to MU-DA — Regen: Regen, represented by Justin Schwartz, is requesting a rezone from C-2 (General Business District) to MU-DA (Mixed Use with a development agreement [in lieu of a conditional use permit]) for Aspen Pointe Plaza, a commercial and residential (5- dwelling units [1-triplex and 1-duplex]) mixed use development. The .72-acre site is located on the north side of East State Street approximately 300-feet east of the intersection of South Academy Avenue and East State Street at 1332 and 1442 East State Street. (MJW) November 20,2023 NAME (PLEASE PRINT) ADDRESS TESTIFY? (Y/N) PRO/CON 1 t3 2 115. VI _15/ r11 Fr o I JyS S�SLIY'V,/=iC L�0 Y�C,�3�3i�, �c���vQL✓L /�/ 1 OF TNr, CONDITIONAL USE PERMIT FOR A .� o RESTAURANT WITH DRIVE-THROUGH) * * AND RETAIL SALES GENERAL AND LIMITED) CU-07-23 Eagle Planning & Zoning Public Hearing November 20, 2023 City staff: Michael Williams,CFM,Planner III Phone: 939-0227 E-Mail: Project Summary j Landmark Pacific Investors, LLC, represented by Andrew Newell with BAWCE is requesting: r • Conditional use permit approval for a restaurant (with drive-through) and retail sales (general and limited) within a MU-DA (Mixed Use with ? development agreement) zoning district.. • The 2.84-acre site is located at the northeast corner of State Highway 44 and West State Street. ti 11/21/2023 FrA Dr •v,p G )� u 5 :sac r Ilenilne tan31 .y 44 0 450 500 750 3 ter, �• a c� i 3 0 250 500 750 1 4 2 1 Site : ' Plan .'`i�a ��` "" .i1A •�ti* ice: i Site Plan ' h f f c i h A w - .o 11/21/2023 COMP PLAN ZONING LAND USE DESIGNATION DESIGNATION Mixed Usc MU(Mixed Use with development Vacant property Existing agreement[in lieu ofa PUDI) Proposed No Change No Change Restaurant(with drive-through) Neighborhood Residential R-2-DA-P(Residential with a development Countryside Estates Subdivision North of site agroemcnt-PUD) Industrial PS•DA(Public/Scmipublic with a State Highway 44 and Eagle Sewcr South of site development agreement) District hcadworks Mixed Use R-9-DA(Residential with a development Proposed Kingfisher Cove Townhomes East of site agreement[in lieu of a PUDI)(7.38-acre Subdivision(currently under arcs) construction) Neighborhood Residential R-2-DA-P(Residential with a development Countryside Estates Subdivision West of site agreement-PUD) 7 Total Acreage of Site • I 2.84-acres 1,300-square feet(minimum) Percentage of Site Devoted to Building Coverage 13% 50%(maximum) Number of Parking Spaces 31.2% 10%(minimum) Front Setback 96-spaces 78-spaces ®, 95•fee[ 20-feet(minimum) 60-feet 20-feet(minimum) 8 4 1 ._. . . _. Issues of Special Concern • A Restaurant (with drive-through) and Retail Sales (General and Limited) requires a conditional use permit within the MU Mixed Use q p ( ) zoning district. • Screening of lanes associated with Restaurant (with drive-through) use. • Proposed buildings divided by parcel lines. • Completion of 10-foot-wide sidewalk located adjacent to State Highway 44. ANNOWO-Ok. A Restaurant (with drive-through) and Retail Sales (General and Limited) requires a conditional use permit within the MU (Mixed Use) zoning district. 1. The conditional use permit for the allowance of a coffee shop with a drive-through (Restaurant [with drive-through]) and Retail Sales (General and Limited) uses within the MU-DA (Mixed Use with development agreement) zoning district is approved. 2. The Restaurant (with drive-through) use shall be limited to Pad A as shown on the Conceptual Site Plan, date stamped by the City on May 23, 2023. 1 f Screening of lanes associated with Restaurant (with drive-through) use. 3. The coffee shop with a drive-through (Restaurant [with drive- through]) shall be designed to include a minimum forty-eight inch (48") berm (measured from the centerline of the adjacent roadway), decorative block wall, minimum forty-eight inch (48") high landscaping, or combination thereof shall be provided adjacent to the drive-thru lanes or a minimum forty-eight inch (48") grade separation (measured from the centerline of the adjacent roadway) to reduce the impact of the vehicles utilizing the drive-through lanes (i.e. vehicle headlights and vehicle cueing). The berm, wall, or landscaping shall be reviewed and approved by the Design Review Board and City Council prior to installation. The berm, wall, or landscaping shall be installed prior to the issuance of a certificate of occupancy Proposed buildings divided by parcel lines. 5. The applicant shall submit a lot line adjustment application to move the property line (associated with Pad A and Pad C) to a location where the buildings will be in conformance with the required setbacks. The lot line adjustment applicant shall be reviewed and approved by the Zoning Administrator prior to recording the lot line ' adjustment. The applicant shall provide a copy of the recorded lot line adjustment prior to issuance of a zoning certificate 111111110111111111 for construction of the building. 1 Completion of 10-foot-wide sidewalk located adjacent to State Highway 44. 6. The applicant shall submit a ." landscape plan showing a 10-foot-wide i sidewalk connecting to the intersection *� of West State Street and State Highway + 44 and extending to the sidewalk associated with Kingfisher Cove Townhomes Subdivision. The landscape f*i plan shall also show a 5-foot-wide detached sidewalk located adjacent to West State Street. The landscape plan +�_... shall be reviewed and approved by the Design Review Board and City Council prior to issuance of a zoning certificate .,,o,■..M. M■ ■■■■■■w�■1 for construction of the first structure within the site Planning Commission Recommendation On November 20, 2023, the Eagle Planning and Zoning Commission voted (4 to 0, So & So absent) to recommend appwni,ty! of this application with the conditions of development provided on page 15 of the Planning and Zoning Commission Findings of Fact and Conclusions of Law. 11/21/2023 15 End of Presentation 1 I REZONE FROM C-2 GENERAL BUSINESS r . o DISTRICT) TO M U-DA (MIXED USE H � * * WITH A DEVELOPMENT AGREEMENT [IN LIEU OF A CONDITIONAL USE PERMIT RZ-06-23 Eagle Planning & Zoning Public Hearing November 20, 2023 City Staff: Michael Williams,CFM,Planner III Phone: 939-0227 E-Mail: Project Summary Regen, represented by Justin Schwartz is requesting: • A rezone from C-2 (General Business District) to MU-DA (Mixed Use with a development agreement [in lieu of a conditional use permit]) for a commercial and residential (5-dwelling units [1-tri-plex and 1- duplex]) mixed use development. • The .72-acre site is located on the north side of East State Street approximately 300-feet east of the intersection of South Academy Avenue and East State Street at 1332 and 1442 East State Street. 1 Vicinity MapAerial 00 Map �. �b wa �. s� 4 Y 11/21/2023 a' t7,/ rnoer�iK errs wOE einwc L IT r' ' rau rrrw�ri ` so/ _ 1 t 5 • 3 COMP PLAN ZONING LAND USE DESIGNATION DESIGNATION Downtown C-2(General Business District) Single-family residence Existing No Change MU-DA(Mixed Use with a development Commercial and residential mixed use E Proposed agreement[in lieu of a conditional use project permit]) Compact Residential R4(Residential) Single-family residential subdivision North of site (Empire Estates Subdivision) SDowntown M-1(Light Industrial District) Equipment rental and sales yard(Tales South of site Rents) k Downtown C-2(General Business District) Automotive washing facility and two(2) East of site buildings Dmvnto,vn C-2(General Business District) Office,business and professiorml West of site (Draftech) 6 3 1 Site Data SITE DATA PROPOSED REQUIRED Total Acreage of S(te31,384�quare feet 5,000-square feet(minimum) Percentage of Site Devoted to Building Coverage Number of Parking Spaces r Front Setback20-feet(minimum) Rear Setback20-feet(minimum) Side Setback Issues of Special Concern • Parking • Setbacks • Cross Access • Proposed buildings divided by parcel lines. • Completion of 10-foot-wide sidewalk located adjacent to State Highway 44. 1 Parking Analysis Proposed: 34—on site parking spaces Combined Uses Required Total: 40—on site parking spaces Commercial Building based on uses identified Residential—Dwellin Two-Famil —2 parking by teapplicant)— 1 250 square-eet 7,146 250 spaces unit — One 1 Dwelling Two-Family = square eet =29_parking spaces. 4 parking spaces. • Eagle City Code Section 8-4-5 requires 1 Eagle City Code Section 8-4-5 requires for parking space per 250-square-feet of office, each Dwelling, Two-Family — For each unit business and professional uses, retail, personal two (2) parking spaces including one (1) services, personal improvement, retail, travel coveredd. services, food and beverage sales, health clubs,spas, and weight reduction salons. Residential — Dwellin Multi Famil — 2.25 parking spaces unit—One 1 D�Nelling Multi- Family(three [3]/units) =7 parking spaces. • Eagle City Code Section 8-4-5 requires for each Dwelling Multi-Family — For each unit with 2 or more bedrooms - 2 including 1 covered; 0.25 spaces per unit shall be provided for guest parking. Garages shall not be used for household storage and shall be kept available for parking Eagle City Code Section 8-4-4-3 : Joint/Collective Parking Facilities A. Off street parking spaces required by this chapter for any specific use shall not be considered as providing parking spaces for any other use except where a joint/collective parking facility has been approved pursuant to the following: 4. The joint/collective parking facility may be on a site other than the site where the use is located, but shall be located no further than that permitted by subsection 8-4-4-1A of this chapter. 1 Eagle City Code Section 8-4-4-3 : Joint/Collective Parking Facilities 6. The parties concerned in the joint/collective parking facility shall submit a written agreement in a form to be recorded for such joint/collective use, approved by the city attorney as to form and content, and such agreement, when approved as conforming to the provisions of this chapter, shall be recorded in the office of the county recorder and copies thereof filed with the zoning administrator prior to issuance of a building/zoning permit, or prior to issuance of a certificate of occupancy, whichever occurs first. The agreement shall include: a. A guarantee that there will be no substantial alteration in the uses that will create a greater demand for parking; b. A guarantee among the landowners for access to a use of the joint/collective parking facility; Site Data - Setbacks SITE DATA PROPOSED REQUIRED Total Acreage of Site Percentage of Site Devoted to Building Coverage 4. Number of Parking Spaces Front Setback i Rear Setback F Side Setback ' 6 - c 1 Proposed Setbacks • The proposed commercial building is shown to be 15-feet from the property line located adjacent to West State Street. The proposed three- story residential structures are shown 10-feet from the east property line and 12-feet from the north property line. The setbacks within the MU (Mixed Use) zoning designation are as follows: Front 20-feet Rear 20-feet Interior Side 7.5-feet (first story) 5-feet (each additional story) Street Side 20-feet Maximum Lot Coverage 50% i Proposed residential uses • There are two (2) adjacent properties located east of the subject site which have a C-2 (General Business District) zoning designation. Those properties contain an automotive washing facility, and two (2) buildings which contain office or sales and limited industrial uses. As proposed, the proposed residential dwellings located adjacent to the north and east property lines will not be harmonious and appropriate with the existing character of the area due to the height and location of the proposed residential uses. 1 Cross Access and Parking .TM . .. VADE CROSS "I 'CT ACCESS DRIVE ■ Cross Access Agreement — 1334 East State Street ( Draft Tech) 1. 1 The Grantor hereby agrees to grant, for the purpose of ingress/ egress to East State Street, a CROSS ACCESS and THROUGH ACCESS EASEMENT via a twenty-four foot (24') wide strip of land being the e drive aisle for the parking lot located on the east side of the building and providing ingress/ egress between the properties of 1332 and 1334 East State Street. The location of this cross access easement is specifically depicted on Exhibit A attached hereto. 1 Cross Access DeChambeau Family 1, LLC (Adjacent property east of the proposed development) Staff Recommendation Based upon the information provided to staff to date, staff recommends denial of the requested rezone as proposed. A favorable recommendation would be received if the following information is provided: • A proposed development agreement identifying the specific uses to be allowed within the development. • A revised site plan showing the residential uses removed. • A revised site plan showing the parking and buffer areas designed to be in conformance with Eagle City Code Section 8-4-5 and 8-3-3(D). • A proposed cross-access agreement with the owner of property located to the east of the proposed development 1 Planning Commission Recommendation On November 20, 2023, the Eagle Planning and Zoning Commission voted (4 to 0, So & So absent) to recommend upprovai of this application with the conditions of development provided on page 15 of the Planning and Zoning Commission Findings of Fact and Conclusions of Law. End of Presentation • • Z •• N 1L� a: V' Q a n W a = � Q V V W 0 Q Z Z_ W w LLJ O n Q J 2 w w Z D W _ Z V N cv w O V V N w Oi � m N Q 0W U. F- p Z w Z Z O Z Uu . . 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