HomeMy WebLinkAbout01-05-2006 Planning and Zoning Commission
PLANNING AND ZONING COMMISSION
Thursday, January 5, 2006 - 7:30 PM
Formal Meeting
Iowa City City Hall
Emma J. Harvat Hall
410 E. Washington Street
AGENDA:
A. Call to Order
B. Public Discussion of Any Item Not on the Agenda
C. Rezoning Item:
REZ05-00024: Discussion of an application submitted by Three Bulls, L.L.C. for a rezoning
from Low Density Single-Family Residential (RS-5) zone to Community Commercial (CC-2)
zone for 1.02 acres of property located at 3405 Rochester Avenue.
(45-day limitation period: January 30, 2006)
D. Development Item:
SUB05-00027: Discussion of an application submitted by James Davis for a final plat of JJR
Davis Fourth Addition, a 4-lot, 6.68 acre commercial subdivision located east of Mormon
Trek Boulevard, south of Highway 1.
(45-day limitation period: January 22, 2006)
E. Consideration of the December 15, 2005 Meeting Minutes
F. Other Item
G. Adjournment
Informal
Formal
March 13
STAFF REPORT
To: Planning and Zoning Commission
Item: REZ05-00024
Olde Towne Village
Prepared by: Robert Miklo
Date: January 5, 2006
GENERAL INFORMATION:
Applicant:
Three Bulls, LLC
2621 Catskill Court
Iowa City, IA 52245
Contact Person:
Sarah Swartzendruber
One South Gilbert Street
Iowa City, IA 52240
Requested Action:
Rezoning from RS-5 to CC-2
Purpose:
To add to the Olde Towne Village
commercial area
Location:
South of Rochester Avenue, east of Scott
Boulevard
Size:
1.02 acres
Existing Land Use and Zoning:
Residential - RS-5
Surrounding Land Use and Zoning:
North: Agricultural-ID-RS
East: Undeveloped - CC-2
South: Undeveloped - CC-2
West: Undeveloped - CC-2
Comprehensive Plan:
Neighborhood Commercial
File Date:
December 15, 2005
45-day Limitation Period
January 29,2006
BACKGROUND INFORMATION:
This property was recently purchased by the applicants. The property was previously used as a
single-family residence and a non-conforming salvage yard. The applicants have cleared the
site and intend to incorporate it into the adjacent Olde Towne Village development, which they
also recently purchased.
The land containing OldeTowne Village was annexed into the city in 2001. At that time it was
zoned Community Commercial (CC-2) and Medium Density Single-family Residential (RS-8)
with a Conditional Zoning Agreement (CZA) that provide specific requirements to guide the
development of the property in a manner consistent with the Comprehensive Plan.
2
ANALYSIS:
The current RS-5 zoning would allow this property to be developed with single family homes on
lots containing a minimum of 8,000 square feet. The proposed CC-2 zoning is intended for major
business districts that serve a significant segment of the community. Retail, office, commercial
recreation and eating and drinking establishments are permitted uses. Other uses, such as
vehicle service, day care and upper story residential, are provisional uses or are allowed by
special exception.
This property is included in the Northeast District of the Comprehensive Plan, which
recommends the development of a neighborhood commercial center at the intersection of Scott
Boulevard and Rochester Avenue. The Northeast District Plan recommends that this
commercial center be developed in a main street or town square design that ensures a
pedestrian orientation and compatibility with the surrounding neighborhoods. The
Comprehensive Plan recommends incorporating on-street parking and locating parking lots
behind buildings, minimal or no building setbacks from sidewalks and upper floor residential
uses. The layout of the streets in the Olde Towne Village development conforms to these
recommendations as specified in the CZA that was entered into at the time the property was
annexed into the city. To assure that the additional area requested for rezoning is compatible
with the overall concept of Olde Towne Village and the vision of the Northeast District.Plan,
staff recommends that this rezoning be subject to a CZA similar to the agreement that applies
to the adjacent property. We have asked the applicants to provide a concept plan showing how
this property would be developed in a manner compatible with the Olde Towne Village plan.
Olde Towne Village was designed with vehicular access to Rochester Avenue from Eastbury
Drive and to Scott Boulevard at Middlebury Drive. Individual lots within the shopping center
have access to the internal streets but do not have direct access to Scott Boulevard or
Rochester Avenue. This is necessary to preserve the traffic carrying capacity and the safety of
these two arterial streets and to assure that all lots within the area have access. To assure
consistency with this policy, staff recommends that the CZA specify that this property will not
have direct vehicular access to Rochester Avenue. The dedication of 50 feet of right-of-way
from the center line of Rochester Avenue and the installation of an 8 foot side sidewalk and curb
and gutter are necessary to bring this portion of Rochester Avenue to the same standard required
for the adjacent property.
A water main extension fee of $395 per acre will be required for this development. The sanitary
sewer fee is $1263 per acre.
Provided that the development conforms with the Olde Towne Village concept plan, the proposed
CC-2 conforms to the Comprehensive Plan.
STAFF RECOMMENDATION:
Staff recommends that REZ05-00024, a rezoning of 1.02 acres from RS-5 to CC-2 be approved
subject to a Conditional Zoning Agreement specifying: 1) the applicant will submit a site plan
demonstrating that this property will conform to the Olde Towne Village concept plan, 2) the owner
will dedicate 50 feet of right-of-way for Rochester Avenue, 3) this property shall have no direct
vehicular access to Rochester Avenue, 4) the owner will install curb and gutter and an 8-foot wide
sidewalk on the south side of Rochester Avenue adjacent to this property and 5) the owner will
pay $395 per acre in water main extension fees and $1263 per acre in sanitary sewer fees.
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STAFF REPORT
To: Planning & Zoning Commission
Prepared by: Robert Miklo
Date: January 5, 2006
Item: SUB05-00027 JJR Davis Fourth Addition
GENERAL INFORMATION:
Applicant:
James R. Davis, Robert A Davis
Jan Ellen Smith, c/o James R. Davis
4097 Kitty Lee Road
Iowa City, IA 52240
Phone: 338-5327
Applicant's Engineer:
MMS Consultants
1917 S. Gilbert Street
Iowa City, IA 52240
Phone: 351-8282
Requested Action:
Final plat approval
Purpose:
A 4-lot commercial subdivision
Location:
East of Mormon Trek Boulevard,
south of Highway 1
Size:
6.68 acres
Existing Land Use and Zoning:
Undeveloped, CI-1
Surrounding Land Use and Zoning:
North: Airport property; P
South: Undeveloped; CI-1
East: Residential, Agricultural;
County RS
West: Commercial & undeveloped;
CH-1
Comprehensive Plan:
The South Central District Plan
identifies this area as appropriate for
intensive or highway commercial
development.
File Date:
December 8, 2005
45-Day Limitation Period:
January 22, 2006
February 6, 2006
60-Day Limitation Period:
2
BACKGROUND INFORMATION:
This property was annexed to Iowa City in 2003, as part of a larger annexation including
property on the west side of Mormon Trek Boulevard and properties owned by the Iowa City
Municipal Airport. The extension of Mormon Trek Boulevard and associated public utilities
were recently completed adjacent to this property, providing the infrastructure to support
commercial development.
This property is zoned CI-1, Intensive Commercial, which is a zone intended to provide for
those businesses characterized by outdoor display, storage and/or sales of merchandise,
repair of motor vehicles, and other operations conducted in buildings that may not be
completely enclosed such as contractor pre-assembly yards, hardware stores, etc. The CI-
1 zone also allows office uses. A preliminary plat was approved in November, 2004. The
final plats for JJR Davis, Second and Third Additions, which include the property to the west
and south were approved in April, 2005.
ANAL YSIS:
The final plat as submitted is in general conformance with the approved preliminary plat.
Construction plans and legal papers are being reviewed by the City Engineering Division
and City Attorney's office. They must be approved by staff prior to Council consideration
of the final plat.
The preliminary plat had indicated the use of airport property to provide for a portion of
the storm water management facilities for this subdivision. The construction plans for the
final plat indicate that the use of airport property is no longer necessary, but that portions
of the storm water management facilities will be on the adjacent property owned by the
Danes. Easements have been provided for these off site facilities.
A water main extension fee of $395/ acre will be required. A sanitary sewer tap-on fee of
$3,986.12 / acre will be required. The legal papers must address the developer's
responsibility for improving Dane Road on the east side of this subdivision.
STAFF RECOMMENDATION:
Staff recommends that SUB05-00027, a final plat of JJR Davis Fourth Addition, a 6.68-
acre, 4-lot commercial subdivision, be approved, subject to legal papers and construction
plans being approved prior to Council consideration.
ATTACHMENTS:
1. Location map
2. Final plat
Approved by:
Karin Fr. nklin, Director,
Department of Planning and Community Development
S:IPCDIStaff Raports1SUB05-00027 JJRDavis.final.doc
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MINUTES
PLANNING AND ZONING COMMISSION
DECEMBER 15, 2005
EMMA J. HARVAT HALL
PRELIMINARY
MEMBERS PRESENT: Beth Koppes, Bob Brooks, Don Anciaux, Wally Plahutnik, Dean Shannon
MEMBERS ABSENT: Ann Freerks, Terry Smith
STAFF PRESENT: Sunil Terdalkar, Bob Miklo
OTHERS PRESENT: Alan MacVey, Glen Meisner, Jim Kerr
RECOMMENDATIONS TO CITY COUNCIL:
Recommended approval by a vote of 5-0, (Freerks and Smith absent) SUB05-00020, a preliminary plat
and sensitive areas site plan of Lacy's Run Addition, a 2-lot, approximately 17.94-acre residential
subdivision located on Conklin Lane
Recommended approval by a vote of 5-0, (Freerks and Smith absent) SUB05-00031, a preliminary plat
and sensitive areas site plan of Kennedy's Waterfront Addition Part Four, a 4.91-acre, 5-lot commercial
subdivision located on Southgate Avenue.
CALL TO ORDER:
Brooks called the meeting to order at 7:30 pm.
PUBLIC DISCUSSION OF ANY ITEM NOT ON THE AGENDA:
There was none.
SUBDIVISION ITEMS:
SUB05-00020. discussion of an application submitted by Kevin Parrott for a preliminary plat of Lacy's Run
Addition, a 2-lot approximately 17.94-acre residential subdivision located on Conklin Lane.
Terdalkar said this was a two-lot subdivision located on Conklin Lane south of Dodge Street with St.
Joseph Cemetery on its west side and Hickory Hill Park on the east and south sides and residential
development on the north. The only street access would be from Conklin Lane, a 16.5-foot wide chip-seal
street. There currently is a residence on the property and one additional residential lot had been
proposed. Both lots would be approximately 1 acre in size. No sanitary sewer service was provided to this
area by the City so both properties would use a private septic tank system. The remaining 16-acres of the
subdivision would be set-aside as an outlot for future development. Most of the sensitive features located
on the property were contained on Outlot A and would not be disturbed by the development. If and when
future development would be proposed for this area and/or Outlot A, the street would need to be widened
to City street standards to accommodate the traffic generated by the development and sanitary sewer
system infrastructure would need to be installed.
Because of the location of St. Joseph's Cemetery on the west side of this property, widening of the street
would be difficult. Staff recommended that any right-of-way (R-O-W) acquisition be required from the
properties on the east side of the street. A 50-foot wide R-O-W dedication and 10-foot wide temporary
construction easement were shown on the plat along the west property boundary.
A subdivision of this size would require 0.70-acres of open space be dedicated or fees in lieu of could be
dedicated for the improvement of Hickory Hill Park. Water main extension fees would be required for Lots
1 and 2; infra-structure fees would be required when Outlot A was developed.
Planning and Zoning Commission Minutes
December 15, 2005
Page 2
All deficiencies noted in the Staff Report had been resolved. Staff recommended approval of SUB05-
00020, a preliminary plat and sensitive areas site plan for Lacy's Run Addition, a 17-94-acre, 2-lot single
family residential subdivision.
Koppes asked where the existing house was located on the property. Miklo indicated its location on the
overhead map. The property consisted of 18-acres which would be considered one lot; the current house
would be separated off into a subdivision which would have one lot for it and a second lot for a new
house. The large tract of land would not be developed at this time nor was it likely that it would be
developed in the near future due to rugged topography of the land, lack of sewer infrastructure, street
access.
Koppes asked how much land was required for a sanitary sewer system. Miklo said one-acre.
Public discussion was opened.
Glen Meisner, MMS Consultants, said the Parrott family had obtained the 20-acre property many years
ago from Mabel Conklin, after whom Conklin Lane was named. The existing home was located on Lot 1
and had been very nicely remodeled in the 1980's. It was currently owned by Wayne Parrott. Some old
farm buildings were located south of Lot 1. Kevin Parrott planned to build a residential dwelling on Lot 2.
Dennis Parrott owned approximately 2 acres to the south of the property. If the application was approved,
there would be three brothers residing on the property which had been left to them by their parents. Outlot
A, a rugged piece of land, contained steep slopes and ravines. The Parrott's had agreed to dedicate 50-
feet from the west edge of the road to the east side of the property. They'd had to jog around the house
so in one area there was only 48-feet of R-O-W right in front of the house. The final plat would show that
if the house were removed some day and a new home constructed, the new home would have to meet
the required set backs. The final plat would also show a temporary construction easement and a utility
easement.
Anciaux asked if a neighborhood meeting had been held. Meisner said no such meeting had been held.
Koppes asked what was the strip between Lots 1 and 2. Meisner said it was the access point to Outlot A.
Alan MacVev, said he owned the approximate 7-acre property immediately to the north. He asked for a
clarification regarding if the road would be widened along the new development.
Miklo said the R-O-W would be widened but the street would not actually be widened until such a time
that the entire street was widened. The City was acquiring the actual R-O-W to allow the street to be
widened in the future.
MacVey said if the whole street were to be widened it would have a huge effect on his property as there
were big trees that fronted along the road and the road would come right up to their house. He asked
under what circumstances would the road be widened.
Miklo said it would likely be widened when MacVey's property was developed; he didn't see another
reason for the City to widen it.
MacVey asked what would happen if the Parrott's decided to develop their property.
Miklo said unless the issue with the sewer and the street widening were resolved, it was the City's
position that no further development could occur on the Parrott property. That was why the outlot was
being created. There was a sewer on the other side of the park that a property owner could bring up to
serve the Parrott property but there would have to be some type of agreement from the owner of the
MacVey property to widen Conklin Lane. Both sewer and street access would be needed to further
develop the property.
MacVey asked Kevin Parrott if his intention was not to go beyond the next house. Parrott said that was
correct.
Planning and Zoning Commission Minutes
December 15, 2005
Page 3
Public discussion was closed.
Motion: ~oppes made a motion to approve SUB05-00020, a preliminary plat of Lacy's Run Addition, a 2-
lot approximately 17.94-acre residential subdivision located on Conklin Lane. Shannon seconded.
The motion passed on a vote of 5-0, (Freerks and Smith absent).
SUB05-00031, .~iscussion of an application from Paul & Mary Kennedy for a preliminary plat of Kennedy's
Waterfront Addition Part Four, a 4.91-acre, 5-lot commercial subdivision located on Southgate Avenue.
Terdalkar said the 5-lot approximate 4.91-acre commercial subdivision was located at the intersection of
South Gilbert Avenue and Southgate Avenue. All lots would be accessed from Southgate Avenue. The
South District Plan identified this area as a gateway to Iowa City and encouraged general commercial and
retail development within the area. Lot 1 would not have direct driveway access to Gilbert Street. Shared
access points would be created for Lots 1 & 2 and Lots 3 & 4 to limit the number of access pOints on
Southgate Avenue. The 100-year flood plain was located on the site; the applicant had submitted storm
water calculations to the City Engineer for approval.
In 2004 a Grading and Development agreement and covenant had been established between the City
and property owner. The applicant had placed a substantial amount of fill on the property and graded it
without a permit. A geotechnical report would be required before any building or development activity
could occur on the property to ensure the safety of construction activity and structures on this ground.
The agreement and covenant should be noted on the plat and addressed in the legal papers. All
deficiencies noted on the Staff Report had been resolved. Staff recommended approval of SUB05-00031,
a preliminary plat and sensitive areas site plan of Kennedy's Waterfront Addition Part Four, a 4.91-acre,
5-lot commercial subdivision located on Southgate Avenue.
Terdalkar said the property was currently zoned CI-1, however in the future the area could be rezoned to
Community Commercial Zone (CC-2) and still be in compliance with the Comprehensive Plan goals. Miklo
said the City had just received an application to rezone a property across the street to CC-2. When that
particular application had been received, Staff had advised the applicant to speak with some of the other
property owners in that area because rezoning just that one lot would be spot zoning. He didn't think the
applicant had done so. Miklo said Staff would likely have a meeting with the surrounding property owners
to see who might be interested in a CC-2 zoning before placing the item on the Commission's agenda.
There would be some advantages to the CC-2 zoning as well as some disadvantages for the properties
that would become non-conforming.
Plahutnik asked for further information regarding the required Grading and Erosion Control plan.
Miklo said some uninspected fill had been placed on this property. Since the property was located on a
flood plain, a City issued permit was required. The concern was that the fill was not inspected so the City
didn't know if the fill was of sufficient quality to support foundations and other infrastructure.
Public discussion was opened.
Glen Meisner, MMS Consultants, said he was there to answer any questions.
Jim Kerr, said he owned lots to the north and to the west. During the floods of 1993 there had been flood
plain issues associated with that lot. The more concrete that was added to the lot, the worse it seemed to
get. He was interested in learning what was going to happen with that piece of ground. Kerr asked what
sort of activities were being done to alleviate the flooding conditions. He felt additional construction would
add to the flooding issues during heavy rains rather than lessen the possibility. When the new Waterfront
Hy-Vee and surrounding area had been developed, Kerr had noted that this area flooded more quickly
and l1e had concerns about that.
Miklo said this project would be required to meet City stormwater management regulations; the applicant
had submitted information to the City Engineer which was still under review. The information had not
Planning and Zoning Commission Minutes
December 15, 2005
Page 4
been finalized or signed off on so he suggested that Kerr might wish to visit with the City Engineer's office
to get more details.
Kerr asked for more information regarding the possible rezoning.
Miklo said the property owner of an existing building located on the west side of Gilbert Street had applied
to rezone it to CC-2. Rather than just rezone one property which would be spot zoning, Staff intended to
conduct a meeting of all surrounding property owners. CC-2 zone was more of a retail zone which
allowed retail, restaurants, offices; the CI-1 zone was quasi-industrial which allowed offices, light
manufacturing, consignment shops, auto body shops but not retail. The more intense uses allowed for
outdoor storage and their appearance was not as important as in a retail area. Staffs recommendation
would depend on the interests of the property owners in the area. In the long term, it might be in the
property owner's best interest in terms of their property values but in the short term some property owners
might not wish to become non-confirming. Miklo said he anticipated that more action on this issue would
occur mid to late January.
Public discussion was closed.
Brooks said he felt the stormwater management issue was critical and would become more so as more of
that area was developed and paved and there would be faster run-off. The stormwater management
would control how rapidly the water/run off could leave the property. It was an issue that the Commission
needed to be very cognizant of in flood plain and non-flood plain areas.
Motion: Anciaux made a motion to approve SUB05-00031, a preliminary plat and sensitive areas site
plan for Kennedy's Waterfront Addition Part Four, a 4.91-acre, 5-lot commercial subdivision. Shannon
seconded.
The motion passed on a vote of 5-0 (Freerks and Smith absent).
CONSIDERATION OF 12/1/05 MEETING MINUTES:
Motion: Anciaux made a motion to approve the minutes as typed and corrected. Koppes seconded.
The motion passed on a vote of 5-0, (Freerks and Smith absent).
OTHER ITEMS:
Miklo said the revised Zoning Code had been approved unanimously by City Council. It would be
published in the newspaper on 12/28/05 and become effective the same date. He thanked the
Commission for their hard work on the project.
ADJOURNMENT:
Motion: Koppes made a motion to adjourn the meeting. Anciaux seconded the motion. The motion
carried on a vote of 5-0, (Freerks and Smith absent).
The meeting adjourned at 8:07 pm.
Elizabeth Koppes, Secretary
Minutes submitted by Candy Barnhill
s:/pcd/minules/p&zJ2005/12-15-05.doc
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