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HomeMy WebLinkAboutMINUTES Planning Commission 1996-10-24BRADFORD PUBLISHING CO.RECORD OF PROCEEDINGS Planning Commission October 24, 1996 Commission: Attending: Also Attending: Absent: Chairman Al Sager, Commissioners Mark Brown, Harriet Burgess, John Gilfillan, Alma Hix, Edward Pohl, and David Thomas Chairman Sager, Commissioners Burgess, Gilfillan, A. Hix, Pohl, Thomas Trustee Liaison 1 G. Hix, Attorney White, Director Stamey, Senior Planner Joseph, Secretary Botic Commissioner Brown Chairman Sager called the meeting to order at 1:33 p.m. 1. MINUTES Minutes of the September 17, 1996 meeting were approved as presented. 2. UNFINISHED BUSINESS 2. a. SUBDIVISION - Preliminary Plat. Portion Tract A. Prospect Estates Addition. Stephen Walt Solomon and Cynthia Solomon Curry/Applleant. This is a request to divide 66.218 acres into 15 lots for single family development to be known as Prospect Highlands Subdivision. Applicant's representative, Kerry Prochaska, reviewed the proposal. He stated Outlet C is being dedicated as open space and will adjoin another open space area. Outlet A contains 33 acres and will be a conservation easement with the top 1,000' feet of Prospect Mountain left open with no future plans. The area is zoned R-S Residential and is proposed to be restricted to single family. The maximiun niimber of lots will be 18, and 15 lots are being proposed at this time. Shared driveways are planned for some lots. Mr. Prochaska has consulted with David Habecker and building is feasible. He reviewed the storm drainage history, associated problems in 1995 and the drainage report. The proposal contains provisions for drainage basins, swales, and ditches to disperse water. Engineering will be approved by the Town Engineer. The Prospect Mountain pumping station will no longer be necessary which will result in reduced costs. Regarding only one entrance/exit, he stated no problems have occurred with emergency situations in areas such a Crags Subdivision, the Uplands and Rockwood Estates, and requested an exception to allow 15 lots which exceeds Town Code of 12 lots. Applicant will comply with all items in the Staff report. In response to Chairman Sager's concerns on construction management to mitigate geological hazards, Mr. Prochaska stated the area will be studied, impacts will be mitigated and contractors who perform blasting must be certified by the State. Specialists/experts will be employed. Director Stamey reviewed the Staff report and stated that Curry Drive would need to be dedicated from Peak View Drive to the eastern property line. The preliminary plat as presented will require an exception from the Municipal Code and Mr. Stamey concurred with Mr. Prochaska's earlier comments of ground water problems in 1995. He also recognized correspondence received from the following: Harley T. Godard, 477 Peak View Drive, Estes Park, CO; Chris Rosenberg, 555 Darcy, Estes Park, CO; Ralph Kienker, 15647 Quail Meadows Drive, Chesterfield, MO; Douglas S. and Margaret G. Chapin, 465 Marcus Lane, Estes Park, CO; Paul C. Eide, 471 Marcus Lane, Estes Park, CO; Harriett and Laurence Paddock, 470 Marcus Lane, Estes Park, CO; and Nancy Stevens, 461 Marcus Lane, Estes Park, CO. BRADFORD PUBLISHING CO.RECORD OF PROCEEDINGS Planning Commission - October 24f 1996 Page 2 Audience comments were heard from Frank Parks, 555 B Devon Drive, who asked if there would be drainage across Marcus Lane and whether the Town would accept liability. Town Attorney White stated improvement guarantees are required for developers and the Town does not require private contractors to be bonded. David Habecker, 221 Big Horn, of Habecker Designs, Inc. stated he recently inspected the property and as a building designer he has had more challenging requests. It was his opinion that building is possible and requested the building envelopes not be fixed. He suggested using setbacks or 'suggested' envelopes. Director Stamey suggested the Final Plat would need to have building envelopes and that perhaps a note could be developed that would allow for some flexibility (e.g. a note stating they may be enlarged in length or width by x' or x%). Chris Rosenberg, 555 Darcy, expressed concerns with liability, extensive blasting, ground water flow and urged caution. Jack Dreibus, 1720 Dekker Circle, expressed his opposition, requested additional information on drainage, and stated he was also speaking on behalf of Emma Carlson, 610 Longs Drive. John Phipps, an attorney representing the Prospect Mountain Townhouse Association, submitted a packet of information to the Commissioners. He submitted a letter from Terracon Consultants Western, Inc. of Ft. Collins, which stated detailed geological and geotechnical studies, rockfall studies and engineering studies by an independent agency should be required before the project continues. He emphasized the Association desires the report prior to Final Plat approval. He submitted a list of items required for a development plan and requested that development plans be required for all lots in the Subdivision. He noted 4 lots would have driveway grades which would exceed 14%. Mr. Phipps expressed concern with excavation of driveways and average slope. He noted there is a lack of clarity of the grade of the proposed street which supports his request to have a development plan for each lot. He then reviewed 11 items which, in his opinion, would need variances and/or exceptions from the Municipal Code, and a definition of a P.U.D. from Larimer County. He stated three utility easements would be needed across the Bureau property. Mr. Phipps requested denial of the Preliminary Plat. Margaret Nusser, 468 Marcus Lane, stated she sustained water damage in 1995 and questioned the effectiveness of a detention pond and asked how historic runoff is calculated. Mr. Prochaska responded. Bob Allsop, 555 Devon Drive, questioned if the increased flow in the cul-de-sac which would be collected in a holding pond would go across or under Peak View Drive, how the developer would sell lots, and concerns with Outlet A becoming a guaranteed open space. He could not envision the building envelopes and requested the Commissioners go on site. Director Stamey stated before any construction would begin, the Final Plat would need to be approved. Sandy Lerner, 463 Marcus Lane, stated Marcus Lane met the requirements of the Town and there are drainage problems now. He was told when he bought his home no homes would be built above and expressed concerns with the effects of the swale for those below and requested information on plans to protect those who live below the proposed lots. Hancel McCord, 685 Peak View Drive, stated his opposition to the proposal due to the destruction of the scale of the neighborhood and natural landscape. Harriett Paddock, 470 Marcus Lane, expressed concerns with the detention pond between Lots 33 and 35 and questioned how the Town addressed the wetlands. George Hockman, 1625 Prospect Estates Drive, stated he is a retired professional geologist and has many concerns regarding drainage and rock stability. John Murphy, 912 Elk Hollow Court, spoke in support of the proposal. He BRADFORD PUBLISHING CO.RECORD OF PROCEEDINGS Planning Commission - October 24f 1996 Page 3 stated Outlet A will be donated to the Land Trust and submitted a letter. Mr. Prochaska stated the water problem on the south side would not be solved with this proposal. However, this proposal will take care of its own drainage requirements, and would not adversely affect or exacerbate problems. Regarding the letter from Terracon and the statement that 'some rocks have fallen in recent historic time', he believes it has been a long time since rocks have fallen and he has seen 4 rocks which have migrated off this site onto the Bureau property. He stated no variance is being requested on the length of the cul-de-sac. He stated the roads grades will be 12.4% and if requested by the Public Works Director, the 0.2% section can be changed to 0.4%. Regarding the radius of the curve, he noted Public Works indicated 75' would be acceptable. If the plans are incorrect regarding the turn-around radius, they will be corrected. Regarding the BMLA, he stated Lots 14 and 15 could be combined and used for a duplex. Lots 4, 5, 6, and 7 property lines could be extended into Outlot A, resulting in larger lots, and reduced open space, however, he doesn't believe that would be 'good planning.' The runoff from Lots 1-5 will be controlled with minimal increase in the historic runoff which is now channeled down Peak View Drive. Public Works Director Linnane stated the developer plans to construct a very large pond that will reduce the flow rate across the cul-de-sac. There will be a slight increase of flow along one section of Peak View Drive. He recommended the Town be given a 3 year improvement guarantee to allow for any problems to be covered and that RMC or the developer be available to answer individual questions. Mr. Prochaska stated he would be available for questions in the coming weeks. In response to Commissioner Gilfillan's questions. Attorney White stated the 1991 annexation map identifies properties and roads. The dirt road in question was not identified and a 'trail' is not considered a road and is without status. Commissioner A. Hix stated her displeasure with this proposal and noted the regulations for enforcement of good planning are not available, however, the proposal does meet minimum requirements and she is convinced it will have appropriate controls and thus it was moved and seconded (A. Hix/Sager) Preliminary Plat, Portion Tract A, Prospect Estates Addition, to be known as Prospect Highlands Subdivision be approved with the following conditions, and it passed with the following votes. Those voting "Yes", Commissioners Sager, Gilfillan, A. Hix and Pohl. Those voting "No", Commissioners Burgess and Thomas. 1. A development plan be submitted for Lots 4, 5, 6, 7, 14 and 15 at the time of final plat submittal. The development plan needs to demonstrate the feasibility of building on each lot. 2. A geological hazard report be submitted. 3. Lots 13, 14, 15 be shown as Outlot D and be reserved for future development of 3 lots maximum. 4. Clarify status of Outlots A and B - open space, who will own them. Even though Curry Drive is to be dedicated as a public street, the Town of Estes Park would not maintain said street until it is connected to a through street to the north and east. The developer shall engineer and construct all shared driveways (Note #5). BRADFORD PUBLISHING CO.RECORD OF PROCEEDINGS Planning Commission - October 24, 1996 Page 4 10. 11. 12. 13. 14. 15. 16. 17. 18. 19. 20. 21. Driveways for all lots to be designed by an engineer, and said design be submitted with building permit application. Building envelopes be dimensioned, and a site disturbance limit note be added to final plat. The trail along the west property line to be placed in an access easement. Approval of the Preliminary Plat does not create a vested property right. Note #2 and Notice of Approval should be removed from the Preliminary Plat. The Certificates of the Town Engineer and Board of Trustees should be removed from the Preliminary Plat. Approval of Survey Plat should also be removed. Show western utility easement across Bureau property. With Final Plat, submit information on slope stabilization and revegetation. Modify note for Outlot B - "reserved for 3 lots maximum." Verify whether culvert at entrance discharges into a drainage easement. A detention at the southwest corner of the site is needed. The developer to provide an engineered drainage system and a 3 year, $10,000 improvement guarantee for this system. Waterline easement from William Watson. Not more than 12 lots be allowed. Drainage from detention pond to be underground through the P.U.D., if this improves conditions. (RMC will examine both ditch and underground systems.) Outlets B and D shall not be developed until there is an approved through street to the North and East. Add the following note to the Plat: "All drainage facilities to be maintained by the Subdivision property owners." Chairman Sager called a recess at 3:30. at 3:40 p.m. The meeting resumed 2.b. REZONING Lots 1—4, 7—50, 7B — 16B, Buenna Vista Terrace Subdivision Lots 1 and 2. Schuster Subdivision. Lots 1 and 2 Hess Subdivision. Buenna Vista Terrace Subdivision. Property Owners/Applicant. This is a request to rezone Buenna Vista Terrace Subdivision from R-S Residential to E-Estate. Gerald Mayo, 265 Lookout Street, stated the property owners want to preserve the integrity of the neighborhood and don't want the character changed. Odd Lyngholm, 220 Lott Street, believes that approval would change the character and urged denial. Helen Culpepper, 260 Courtney Lane, expressed concerns about allowed business uses. She believes the Comprehensive Plan will address the properties and urged denial. Judy Lamy, owner of 5 lots in this area, and Ralph Guild, 260 Davis Street, expressed concerns with timing and requested approval. Dick Williams, 141 Courtney Lane, stated he and his wife have the existing Bed and Breakfast and with the proposed Comprehensive Plan, they are opposed to the rezoning. Paul BRADFORD PUBLISHING CO.RECORD OF PROCEEDINGS Planning Conunission - October 24, 1996 Page 5 Kochevar, Estes Park Surveyors, stated all lots would be non- conforming if approved and an increase in setbacks could cause future problems which would require variances when residents apply for a building permit. He reviewed the submitted petitions and believes people were misled and submitted a copy of the letter which was sent to property owners. Mary Baurer, 251 Mountain View Lane, expressed her concerns with the proposed change in setbacks. Orie Vae Williams, 141 Courtney Lane, owner of Estes Park Bed and Breakfast, stated that some of the people who signed the petitions have apologized to her and misunderstood what they were signing. She has never been notified by mail of the proposed rezoning and believes 80% in favor may be inaccurate. Those opposed to this request are: John and Carolyn Bible, Bill and Helen Culpepper, Alice Hess, Odd & Diane Lyngholm, Cindy Spalsbury, Dick and Orie Vae Williams. (A copy of the Subdivision Map is attached to the minutes.) Commissioner Pohl stated the homeowners can control their own destiny by forming a homeowners association and thereby police themselves. He believes the upcoming Comprehensive Plan will address this and the proposed rezoning is an added burden and expense to the town. It was moved and seconded (Pohl/ Gilfillan) denial of Rezoning of Lots 1-4, 7-50, 7B - 16B, Buenna Vista Terrace Subdivision, Lots 1 and 2, Schuster Subdivision, Lots 1 and 2 Hess Subdivision, be recommended to the Board of Trustees, and it passed unanimously. 2.C. SUBDIVISION Amended Plat, Lots 1 and 2, Hess Subdivision. Alice M. Hess/ Applicant. This request is for a boundary adjustment between two existing lots. Applicant's representative, Paul Kochevar, reviewed the proposal and reminded Commissioners of the comments at the September 17, 1996 meeting. He stated the Applicant would comply with Staff recommendations. The wetlands have been identified, however, they are not on the Plat and are not regulated. The sanitation easement will be placed on the Plat. Director Stamey reviewed the staff report. Audience comments were heard from Gerald Mayo, 265 Lookout Street, who stated this proposal would not be allowed under E- Estate and should be denied. Ralph Guild, 260 Davis Street, stated neighbors have said they are opposed to a duplex which may not be built if the lot line remains unchanged and he requested an opportunity to review new information submitted to the Commission. Director Stamey stated there would be no density change with the approval of the boundary change, just a change in positioning of density. Commissioner Thomas stated he had heard no compelling reason to change the boundary line and thus it was moved and seconded (Thomas/A. Hix) denial of Amended Plat, Lots 1 and 2, Hess Subdivision, be recommended to the Board of Trustees, and it passed with the following votes. Those voting "Yes", Commissioners Burgess, Gilfillan, A. Hix, Pohl and Thomas. Those voting "No", Sager. 3.a. ANNEXATION The Elm Road Second Addition. Town of Estes Park/ Applicant. DEVELOPMENT PLAN 96-14 Elm Road Second Addition. Lot 3. Town of Estes Park and A-1 Trash Service/Applicant. The requests are for Annexation of The Elm Road Second Addition and expansion of the existing Transfer Station with related new facilities, office, recycling building, storage and reconstruction of the detention pond. Town Attorney Greg BRADFORD PUBLISHING CO.RECORD OF PROCEEDINGS Planning Commission - October 24f 1996 Page 6 White reviewed the annexation request which is being proposed in conjunction with the development plan. Elm Road Second Addition will be zoned I-l, Restricted Industrial. Spencer and Megan Smith are the owners of the A-1 Trash Service business and have met with the Town. The Town will retain ownership of the site and will enter into a long-term lease agreement with A-1 Trash to construct and operate the expanded facility. The Town will be the reviewing authority and has been in contact with Larimer County. Senior Planner Joseph reviewed the staff report stating there is a town boundary error which requires correction. Dave Knecht, owner to the west, has voiced industrial zoning concerns to Mr. Joseph. Two phases are proposed: Phase I will include initial expansion of the recycling service and outside storage and a new garage building to be completed by October 15, 1997. Phase II will include building expansion for indoor storage of porta-johns, construction of a new recycle center building and outdoor truck storage parking area with a completion date of October 15, 1999. Mr. Joseph acknowledged and read a letter from A. Durand Jones, Superintendent of Rocky Mountain National Park. Commissioner Gilfillan questioned the request to waive the requirement to pave all parking and outside storage areas. Paul Kochevar explained that due to the minimal nature of the traffic, there would not be enough activity to require pavement. In response to Commissioner A. Hix's question on future development, Mr. Joseph responded that future uses are to be developed by agreement. Mr. Joseph recommended that prior to a building permit being issued, construction plans are to be reviewed, erosion control and slope stabilization are to be identified. Audience comments were heard from Judy Lamy who was representing Nancy Chamberlain and Patsy Cravens who own land east of the site. Ms. Cravens intends to build a home on her land in the future. Ms. Lamy expressed concern with screening and potential trash problems. Ike Krasniewicz spoke on behalf of the Cravens family. They are not opposed to the proposal, however, have concerns with debris and requested a barrier on the east to alleviate the problem. Mr. Krasniewicz brought a bag of trash he had collected earlier in the day. Developer Spencer Smith stated some of the trash collected by Mr. Krasniewicz will be eliminated with approval of this proposal. It was Smith's opinion that a taller fence with a slanted top would solve the blowing debris problem. It was moved and seconded (Burgess/Thomas) approval of the Annexation of The Elm Road Second Addition and I—1 Restricted Industrial Zoning be recommended to the Board of Trustees, and it passed unanimously. It was moved and seconded (A. Hix/Burgess) that Development Plan #96-14 be approved with the following conditions, and it passed with the following votes. Those voting "Yes", Commissioners Sager, Burgess, A. Hix, Pohl, and Thomas. Those voting "No", Commissioner Gilfillan. 1. Appropriate debris containment fencing on east and south side required during Phase I. Effectiveness of this screen to be evaluated following construction and initial use of outdoor storage area. Pine trees may be necessary along east and south fence line to provide additional screening as part of Phase II. 2. Colors of new building surfaces and roof to blend with the natural background colors of the site and be made of non-reflective materials. 3. Paving requirements for outside storage areas are waived. Parking spaces serving the business office will be paved. BRADFORD PUBLISHING CO.RECORD OF PROCEEDINGS Planning Commission - October 24f 1996 Page 7 4. The existing access off Elm Road to other Town property will be maintained. 5. The following be added to the agreement, "The Developer (A-1 Trash) agrees to accept all offsite upstream flows, and the Developer will maintain and repair all drainage facilities." 6. Prior to issuance of a building permit, construction plans are to be reviewed and erosion control measures be required to protect slopes until new vegetation is established. 4. UNFINISHED BUSINESS 4. a. Amended Plat, Tracts 4 & 5. Beaver Point Second Addition. Gary Mitchell/Applicant. This is a request to realign lot lines. Applicant's representative, Paul Kochevar, reviewed the request stating they would comply with staff recommendations. Senior Planner Joseph reviewed the staff report. There were no audience comments. It was moved and seconded (Burgess/A. Hix) to recommend approval of Amended Plat, Tracts 4 & 5, Beaver Point Second Addition, to the Board of Trustees, and it passed unanimously. 4.b. Development Plan #96-12. Tracts 4 & 5. Beaver Point Second Addition. Gary Mitchell/ Applicant. This request proposes to redevelop the existing service station. The existing building will be removed and a new building proposed to contain a gas/convenience store, an indoor restaurant with drive thru window, with additional parking to the sides and rear. Applicant's representative, Paul Kochevar, reviewed the proposal and stated the owner does not agree with staff's recommendation for a frontage sidewalk. The owners do not believe parking and the drive-thru waiting line will be a problem. New traffic volumes have been submitted to CDOT. Senior Planner Joseph reviewed the staff report explaining the recommendation for a 8' sidewalk. A discussion followed on the need for a continuous sidewalk with staff emphasizing the importance of sidewalks and this opportunity to set a precedent, while recognizing it will be fragmented at this time. However, in the future the sidewalk will be complete and fully functional. Commissioner Burgess pointed out concerns expressed by A. Durand Jones, Superintendent of Rocky Mountain National Park. Mr. Kochevar stated owners are aware of concerns and are taking them into consideration. Commissioner Thomas concurred with Commissioner Burgess' concerns and was pleased to hear the Park's recommendations would be incorporated. Mr. Kochevar stated the building would have a mansard roof to a pitched roof, facade changed at a certain height with a river rock veneer, colortone glass to be added and architectural features with many angles. Responding to Commissioner Gilfillan's concerns, Mr. Kochevar stated the canopy lights will be shielded including the edge. Mr. Kochevar stated Mr. Mitchell has concerns with the sidewalk request and doesn't feel staff is being consistent and cited examples where sidewalks have not been required. Audience comments were heard from Mary Murphy, Lower Broadview. She stated this business has made many improvements and they have good intentions and she would prefer no walkway which she considers an urban feature. Director Stamey explained the safety concerns with mixing vehicular and pedestrian traffic and the need for separation. It was moved and seconded (Burgess/A. Hix) that Development Plan #96-12 be approved with the following conditions, and it passed unanimously. BRADFORD PUBLISHING CO.RECORD OF PROCEEDINGS Planning Commission - October 24f 1996 1. Page 8 An 8' wide handicap accessible concrete sidewalk, raised and separated from vehicular drives by a 6" curb line, is required along the street line. 2. Sidewalk and curb ramps are required and ADA required ramps must be constructed before a building C.O. will be issued. 3. New asphalt or concrete paving for the drives and parking to be noted on the plan. 4. The existing access off Highway 36 is to be maintained. 5. Trash enclosure to be on the southwest corner of the site. 6. Old photo building to be removed. 5. SUBDIVISION 5.a. Amended Plat. Portion of Lots 19 and 20, South St. Vrain Addition. Susan Kay Sanford/Applicant. This is a request for a boundary adjustment between two lots. Applicant's representative, Paul Kochevar, reviewed the proposal. In response to Commissioner Thomas' concerns with Highway 7 improvements, Mr. Kochevar explained he was not familiar with the impact of the improvements and stated some of the large blue spruce trees will be removed along the highway and some r-o-w will be needed. The owner is negotiating with CDOT. Zoning will remain multi-family. Mr. Kochevar also stated the Applicants agree with the staff recommendation to prohibit commercial accommodations use on either lot. Senior Planner Joseph reviewed the staff report, stating CDOT does not object to this request provided it does not result in an additional point of access on Highway 7. It was moved and seconded (Thomas/A. Hix) approval of Amended Plat, Portion of Lots 19 and 20, South St. Vrain Addition be recommended to the Board of Trustees with the following conditions, and it passed unanimously. • Note restricting access be added to the Plat as per staff recommendation. • Note on Plat prohibiting commercial accommodations use on both of the new lots. 6. DEVELOPMENT PLAN 6.a. Development Plan #96-13. Lot 2A. Replat of Lots 1 and 2. Block 3. Fall River Estates. Doug and Linda Cook/Applicant. This is a proposal to develop a residence/office for the owner or manager, 9 motel units without full kitchen facilities, 3 motel units with full kitchen facilities. Applicant's representative, Paul Kochevar, reviewed the proposal and stated the Applicant would like an exception to allow gravel for the driveway and parking which may be required per the Code. The proposed sign was inadvertently located in the pedestrian easement and will be relocated; some trees will be removed and new ones planted and handicap parking spaces were clarified. Senior Planner Joseph reviewed the staff report and recognized correspondence from Mack and Audrey Hunt, neighboring land owners. They are not opposed to development, but they expressed concerns regarding the unnecessary removal of trees. It was moved and seconded (Gilfillan/A. Hix) that Development Plan #96—13 be approved with the following conditions, and it passed unanimously. 1. A note identifying the access drive and parking surface as asphalt to be added to the plan. BRADFORD PUBLISHING CO.RECORD OF PROCEEDINGS Planning Commission >- October 24f 1996 2. A paving schedule to be provided. Page 9 7, 8, The Office to be accessible from the parking with curb ramps provided and stairs avoided in conformance with ADA requirements. CDOT access permit must be obtained prior to the first building permit. A note to be placed on the plan stating the bridge is privately owned and maintained. New easement for related sanitary sewer line to be shown on the plan. A four foot separation between electric and gas to be maintained. Sign to be relocated out the pedestrian/bike easement. Dumpster to be shown on plan. 7. REPORTS Chairman Sager reminded everyone of the Open House on October 29, 1996 where updated information will be given on the Comprehensive Plan. There being no further business, Chairman Sager adjourned the meeting at 6:10 p.m. Roxanne S. Botic, Recording Secretary LOT.50 41B32 ■ HCIVWE r*’v 5J,55;/ 3 ■ v2 J.0i-J ' V •!I ».- Iv" ■ ■' IQ, :'■ *.*'’19 frv) ■ o' .2 .'4 _• 7its4raz <S n 41 " i . 113 ssirzyw “18.67 120 Ko»lif-DylU^lgk^ I—SS .03;.7Bcjp " 25 STflCfj- ^r"‘«fa B' -■ ^ • J ,,;. -V 0a<'id ’Cui lltQitf ■ •<^|| ■trT • ; V wl ; >’•;{■, . A 1 fi 05«r ■■'’ Si>i.pi J i . 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