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HomeMy WebLinkAboutOrd 942-2021 Rezoning Property at Parmore Anna Lot 1, Blk ACITY OF ANNA, TEXAS (Property zoned under this ordinance is generally located at the northeast corner of Finley Boulevard and Florence Way) ORDINANCE NO. Q y of "dual AN ORDINANCE OF THE CITY OF ANNA, TEXAS AMENDING THE CITY'S COMPREHENSIVE PLAN, ZONING MAP, AND ZONING ORDINANCE AND CHANGING THE ZONING OF CERTAIN PROPERTY AS DESCRIBED HEREIN; PROVIDING FOR SAVINGS, REPEALING AND SEVERABILITY CLAUSES; PROVIDING FOR AN EFFECTIVE DATE; PROVIDING FOR A PENALTY CLAUSE NOT TO EXCEED $2,000 OR THE HIGHEST PENALTY AMOUNT ALLOWED BY LAW, WHICHEVER IS LESS; AND, PROVIDING FOR THE PUBLICATION OF THE CAPTION HEREOF. WHEREAS, the City of Anna, Texas ("City") has previously adopted ordinances, rules and regulations governing the zoning in the City; and WHEREAS, the City has received a requested zoning amendment from Anna Town Center Mixed Use, LLC on Property described in Exhibit 1 ("Property") attached hereto and incorporated herein for all purposes as if set forth in full; and WHEREAS, said Property generally located at the northeast corner of Finley Boulevard and Florence Way was zoned by Ordinance No. 129-2004; and WHEREAS, the Planning and Zoning Commission of the City and the City Council of the City of Anna ("City Council") have given the requisite notices by publication and otherwise and have held the public hearings as required by law and afforded a full and fair hearing to all property owners and generally to all persons interested in and situated in the affected area and in the vicinity thereof, the City Council has concluded that the Zoning Ordinance of the City should be amended as set forth below. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ANNA, TEXAS THAT: Section 1. Recitals Incorporated The above recitals are incorporated herein by reference for all purposes. Section 2. Zoning Change The Anna City Code of Ordinances (the "Anna zoning of the Property described in Exhibit 1 attached Exhibit 2. 1. Purpose. Code") are hereby amended by amending the and as depicted in the Concept Plan on the The purpose of this Planned Development District is to facilitate the development of high - quality, age restricted, Multiple -Family Residential - High Density District. 2. Definitions. Except as otherwise provided herein, the definitions in Appendix 3 of the City's Zoning Ordinance shall apply. 3. Development Standards. A. Development must comply with the development standards for use, density, lot area, lot width, lot depth, yard depths and widths, building height, building elevations, coverage, floor area ratio, parking, access, screening, landscaping, accessory buildings, signs, and lighting, set forth in the MF-2 Multiple -Family Residential - High Density (MF-2) zoning district and the Planning and Development Regulations except as otherwise specified herein. Multiple -family residences shall be age restricted (55+) ii. Maximum height (feet): 3 stories / 50 feet iii. Parking: A minimum of toff -street parking spaces shall be provided per bedroom provided that the community constructed is an age restricted community. Required parking may not be provided within the required front yard. 0.2 spots per dwelling unit shall be provided as guest parking and is included in the overall 1 space per bedroom parking ratio. iv. Covered Parking: 500/ of the required parking must be covered v. Perimeter Fence: a. Fencing between single family lots and multi -family development shall consist of a 10-foot-wide landscape buffer with an ornamental metal fence, such as wrought iron or tubular steel no less than six feet in height, with masonry columns at no more than 50400t intervals along with a vegetative screen comprised of minimum 3" caliber trees planted staggered at 25- foot centers. The vegetative screen may be planted within any required landscape buffer. b. Border screening on any perimeter not abutting asingle-family lot or public right-of-way shall consist of ornamental metal fencing, such as wrought iron or tubular steel not less than six feet in height along with masonry columns at no more than 50- foot intervals vi. Refuse facilities: Every dwelling unit in amultiple-family complex shall be located within 300 feet of a refuse facility, measured along the designated 2 pedestrian and vehicular travel way. There shall be available at all times at least six cubic yards of refuse container per 35 multiple -family dwelling units. For complexes with less than 30 units, no less than four cubic yards of refuse container shall be provided. Each refuse facility shall be screened from view on three sides from persons standing at ground level on the site or immediately adjoining property, by a wall of masonry not less than seven feet nor more than eight feet in height or by an enclosure within a building. Refuse containers shall be provided and maintained in a manner to satisfy city public health and sanitary regulations. B. Plats and/or site plans submitted for the development of the PD shall conform to the data presented and approved on the Conceptual Development plan. Non - substantial changes of detail on the final development plan(s) that differ from the Conceptual Development plan may be authorized by the City Council with the approval of the final development plan(s) and without public hearing. C. The Conceptual Development Plan will expire after two (2) years of approval. Section 3. Official Zoning Map The official Zoning Map of the City shall be corrected to reflect the change in zoning described herein. Section 4. Savings, Repealing and Severability Clauses It is hereby declared to be the intention of the City Council that the words, sentences, paragraphs, subdivisions, clauses, phrases, and provisions of this ordinance are severable and, if any phrase, sentence, paragraph, subdivision, clause, or provision of this ordinance shall be declared unconstitutional or otherwise invalid or inapplicable by the valid judgment or decree of any court of competent jurisdiction, such unconstitutionality, invalidity or inapplicability shall not affect any of the remaining words, sentences, paragraphs, subdivisions, clauses, phrases, or provisions of this ordinance, since the same would have been enacted by the City Council without the incorporation in this ordinance of any such unconstitutional, invalid or inapplicable words, sentences, paragraphs, subdivisions, clauses, phrases, or provisions. Further, all ordinances or parts of ordinances in force when the provisions of this ordinance become effective that are consistent and do not conflict with the terms and provisions of this ordinance are hereby ratified to the extent of such consistency and lack of conflict, and all ordinances or parts of ordinances in force when the provisions of this ordinance become effective that are inconsistent or in conflict with the terms and provisions contained in this ordinance are hereby repealed only to the extent of any such conflict. Notwithstanding any provision of this ordinance or the Anna Code, it is intended that this ordinance fully comply with Chapter 3000 of the Texas Government Code ("Chapter 3000") and this ordinance shall and the City Code shall be interpreted in a manner to comply with Chapter 3000. For the purposes of this ordinance, any provision of the City Code that does not comply with Chapter 3000 shall be deemed to have been excluded and not a part of this ordinance. .c0 Section 5. Penalty Any violation of any of the terms of this ordinance, whether denominated in this ordinance as unlawful or not, shall be deemed a misdemeanor. Any person convicted of any such violation shall be fined in an amount not to exceed $2,000 for each incidence of violation. Each day a violation exists is considered a separate offense and will be punished separately. Section 6. Publication of the Caption and Effective Date This ordinance shall be effective upon its passage by the City Council, approval by the Mayor, and posting and/or publication, if required by law, of its caption. The City Secretary is hereby authorized and directed to implement such posting and/or publication. PASSED by the City Council of the City of Anna, Texas this 28th day of September 2021. Carrie L. Land, City Secretary Nate Pike, Mayor EXHIBIT 1 - PAGE 1 OF 2 PROPERTYDESCRIP I ION BEING a tract of land situated in the Granderson Stark Survey, Abstract No. 798, City of Anna, Collin County, Texas and being part of a tract of land described in Special Warranty Deed with Vendor's Lien to Anna Town Center Mixed Use LLC, recorded in Instrument No. 20150317000291340, Official Public Records of Collin County, Texas and being more particularly described as follows: COMMENCING at a 5/8" iron rod with plastic cap stamped "RPLS 4838" found at the northeast corner of Lot 1, Block 1 Anna Crossing Addition - Phase 11 according to the plat recorded in Instrument No. 20180914010004340 of said Official Public Records and at a point the south line of Anna Crossing Phase 7 according to the plat recorded in Instrument No. 20180907010004210 of said Official Public Records; THENCE with the east line of said Lot 1, Block 1, South 10°25'10" East, a distance of 53.08 to a 5/8" iron rod with plastic cap stamped "RPLS 4838" found for the POINT OF BEGINNING; THENCE departing said east line of Lot 1, Block 1 and with the south line of said Anna Crossing Phase 7, the following courses and distances: North 88°55'50" East, a distance of 841.94 feet to a 5/8" iron rod with plastic cap stamped "KHA" set for corner; South 72037'22" East, a distance of 83.18 feet to a 5/8" iron rod with plastic cap stamped "KHA" set for corner in the northwest right-of-way line of Finley Drive (an 80400t right-of- way) and for the southeast corner of said Anna Crossing Phase 7; THENCE with said northwest right-of-way line of Finley Drive, the following courses and distances: South 37033148" West, a distance of 796.51 feet to a 5/8" iron rod with plastic cap stamped "KHA" set at the beginning of anon -tangent curve to the right having a central angle of 100312311, a radius of 960.00 feet, a chord bearing and distance of South 38006'29" West, 17.70 feet; In a southwesterly direction, with said curve to the right, an arc distance of 17.70 feet to a 5/8" iron rod with plastic cap stamped "KHA" set for corner; South 50009'15" West, a distance of 74.01 feet to a 5/8" iron rod with plastic cap stamped "KHA" set at the beginning of a non -tangent curve to the right having a central angle of 602812611, a radius of 948.00 feet, a chord bearing and distance of South 46015'38" West, 107.06 feet; In a southwesterly direction, with said curve to the right, an arc distance of 107.12 feet to an "X" cut in concrete set for corner; South 49°29'51" West, a distance of 32.99 feet to a 5/8" iron rod with plastic cap stamped "KHA" set for corner at the eastern end of a right-of-way corner clip of said northwest right- of-way line of Finley Drive and the northeast right-of-way line of Florence Way (an 80-foot right-of-way); EXHIBIT 1 = PAGE 2 OF 2 THENCE with said right-of-way corner clip, North 85°3009 West, a distance of 21.17 feet to a 5/8" iron rod with plastic cap stamped "KHA" set for corner; THENCE with said northeast right-of-way of Florence Way, the following courses and distances: North 40°30'09" West, a distance of 79.16 feet to a 5/8" iron rod with plastic cap stamped "KHA" set at the beginning of a tangent curve to the right having a central angle of 29043'25", a radius of 460.00 feet, a chord bearing and distance of North 25°38'27" West, 235.97 feet; In a northwesterly direction, with said curve to the right, an arc distance of 238.64 feet to a 5/8" iron rod with plastic cap stamped "KHA" set for corner in the south line of said Lot 1, Block 1 THENCE with said south line of Lot 1, Block 1, North 89°42'47" East, a distance of 5.33 feet to a point on a vault being the southeast corner of said Lot 1, Block 1; THENCE with said east line of Lot 1, Block 1, North 10°25'09" West, a distance of 531.46 feet to the POINT OF BEGINNING and containing 9.9258 acres or 432,369 square feet of land. 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U a - w CV O a� _ sg02 z a: woo woo U' U O I�iii �yy3 �LLw o`e�ew�n�� m _� 7 m oU nm ¢a �Wa p�zpE X n a as w �l 4 � s!� J vi�Qd �_� §�HiB3 2pE3�y{�■L'g yy � 3=gpa��3 Is - m WO4R"6O1w4w44#!'-�w w' ILL IIiJ L' >.# i91►i 4�� 1 m rl l ®� ►+c a�eee �o � * »�OAc►u 9 O _ i r+k yam{ b!Q♦ I IN _ >,! { ,r ; . ��45�g " ��it�iO,q� 4,� Viz.``` _ _ I >,'t ILL, LM ... �.I. tAUS ►�* ��" .x FI '� L .?ePILL, • ��, ®� dILL ILL ! , 1 . = . s IF I 17 I` _I Pf, . '.ILL ILL 14 ILL i ` CITY OF ANNA PLANNING & ZONING COMMISSION September 7, 2021 Public Hearing: Zoning — PD-MF-2 (Parmore-Anna) Applicant: Anna Town Center Mixed Use, LLC DESCRIPTION: Request to rezone 9.9± acres located on the northeast corner of Finley Boulevard and Florence Way from Planned Development -General Commercial/Multiple-Family — High Density (PD-C-2/MF-2) (Ord. No. 129-2004) to Planned Development -Multiple -Family - High Density (PD-MF-2) with modified development standards for age restricted multiple - family residences on one lot. The subject property is located within portions of District G (Town Center Zone) and District H (Southern Town Center Zone) of the Anna Crossing zoning. Both districts allow multiple -family residence by -right. Staff is recommending the property be rezoned rather than amended in order to clean-up the zoning district boundary associated with the current request. Additionally, the applicant is requesting to modify MF-2 Multiple -Family Residential — High Density (MF-2) development standards pertaining to parking, fencing, and refuse facilities. A concept plan, Parmore-Anna, Block A, Lot 1, accompanies this request. Surrounding Land Uses and Zoning North Existing single-family residences (Anna Crossing Phase 7) East & Across Finley Boulevard single-family residences (Anna Crossing Phase 6 &Ann(3 South Crossing Villas), West Existing multiple -family residence (Palladium) and across Florence Way a vacant tract of land zoned for either commercial and/or multiple -family residence. Proposed Planned Development Stipulations Design Standards The existing zoning currently permits 3-story multiple -family residences. The language in the proposed stipulations re-establishes the allowed use with the same maximum height of 3 stories or 50 feet. Parking —Sec. 9.04.037 (Parking space regulations) of the Zoning Ordinance requires a minimum of 2 parking spaces per dwelling unit for multiple -family dwellings, plus 0.25 spaces per dwelling unit for visitor parking. Additionally, 75% of the required parking is required to be covered. ➢ The applicant is proposing to reduce the required parking to 1 space per bedroom with guest parking included in the overall 1 space per bedroom parking ratio and reduce the covered parking to 50%. Screening fence —The MF-2 zoning requires border fencing of masonry construction no less than eight feet in height be installed along the property line on any perimeter not abutting a public street right-of-way. ➢ The applicant is requesting to install asix-foot-high ornamental metal fence with masonry columns. Additionally, along the northern property boundary adjacent to single-family residential lots, in addition to the fencing the site will include a 10- foot-wide landscape buffer with vegetative screening. Refuse Facilities —The applicant is proposing to locate every dwelling unit within 300 feet of a refuse facility (current zoning states 250 feet) and there shall be available at all times at least six cubic yards of refuse container per 35 multiple family dwelling units (current zoning standards state 30 units). To help support and justify the modified standards the applicant has provided additional information (Exhibit 1). Conformance with the City of Anna Strategic Plan and Comprehensive Plan Anna Vision 2036 a. Principle 3: Beautiful Community i. Design standards and development agreements that promote beautiful and "enduring" bungs and commercial areas ii. Preserved some natural areas/open space through the community b. Principle 5: Great Housing Opportunities Diverse housing choices for all family generations City of Anna Goals for 2026 a. Sustainable Anna Community Through Planned, Managed Growth Manage residential growth Have a diverse range of housing choices available in Anna ZONING - PARMORE-ANNA PAGE 2 OF 4 Bung Height: The existing/current zoning allows for multiple -family dwellings with a maximum height of 3-story/50 feet. The applicant's request maintains the current zonings height allowance. Parking: To help support and justify the applicants request to reduce the required parking and allow 1 parking space per bedroom the applicant has provided information on other age restricted developments they have developed (Exhibit 1). Additionally, the applicant is requesting to reduce the amount of covered parking from 75% to 50%. The reduced percentage matches that of other multiple -family developments recently approved over the last couple years. Screening Fence: To soften the visual appearance between the multiple -family residence development and surrounding residential developments (both single-family and multiple - family) the applicant is requesting to install wrought iron fencing with masonry columns rather than a solid masonry wall. Additionally, along the northern property boundary adjacent to the existing single-family development, the applicant is proposing a 10400t- wide landscape buffer comprised of trees planted staggered at 25400t centers. SUMMARY: Request to rezone 9.9± acres from Planned Development -General Commercial/Multiple- Family — High Density (PD-C-2/MF-2) (Ord. No. 129-2004) to Planned Development - Multiple -Family- High Density (PD-MF-2) with modified development standards for age restricted housing on one lot. The proposed zoning and concept plan are in conformance with elements of the City of Anna Strategic Plan. The multiple -family residence land use is currently allowed by -right on the property. The proposed development stipulations/restrictions allow for a superior development than what would be allowed under existing zoning allowances. Recommended for approval as follows: Restrictions: 1. The location of the planned development zoning district shall be in substantial conformance with the Concept Plan (Exhibit A). 2. Standards and Area Regulations: Development must comply with the development standards for use, density, lot area, lot width, lot depth, yard depths and widths, building height, building elevations, coverage, floor area ratio, parking, access, screening, landscaping, accessory buildings, signs, and lighting, set forth in the MF-2 Multiple -Family Residential - High Density (MF-2) zoning district and the Planning and Development Regulations except as otherwise specified herein. ZONING - PARMORE-ANNA PAGE 3 OF 4 A. Multiple -family residences shall be age restricted (55+) B. Maximum height (feet): 3 storiesfeet C. Parking: A minimum of toff -street parking spaces shall be provided per bedroom provided that the community constructed is an age restricted community. Required parking may not be provided within the required front yard. 0.2 spots per dwelling unit shall be provided as guest parking and is included in the overall 1 space per bedroom parking ratio. D. Covered Parking: 50% of the required parking must be covered E. Perimeter Fence: Fencing between single family lots and multi -family development shall consist of a 10400t-wide landscape buffer with an ornamental metal fence, such as wrought iron or tubular steel no less than six feet in height, with masonry columns at no more than 50400t intervals along with a vegetative screen comprised of minimum 3" caliber trees planted staggered at 25400t centers. The vegetative screen may be planted within any required landscape buffer. ii. Border screening on any perimeter not abutting asingle-family lot or public right-of-way shall consist of ornamental metal fencing, such as wrought iron or tubular steel not less than six feet in height along with masonry columns at no more than 50400t intervals F. Refuse facilities: Every dwelling unit in amultiple-family complex shall be located within 300 feet of a refuse facty, measured along the designated pedestrian and vehicular travel way. There shall be available at all times at least six cubic yards of refuse container per 35 multiple -family dwelling units. For complexes with less than 30 units, no less than four cubic yards of refuse container shall be provided. Each refuse facility shall be screened from view on three sides from persons standing at ground level on the site or immediately adjoining property, by a wall of masonry not less than seven feet nor more than eight feet in height or by an enclosure within a building. Refuse containers shall be provided and maintained in a manner to satisfy city public health and sanitary regulations. ZONING - PARMORE-ANNA PAGE 4 OF 4 Exhibit 1 AUGUST 1952021 TO: ROSS ALTOBELLI FROM: ANNA SENIOR LIVING, LP AND JOE FRACCARO SUBJECT; PARMORE ANNA CC: RYAN COMBS, BRYAN GRANT, MATTHEW CROW, DANIEL RUEDA, RYAN DAUER, AND CROSS ARCHITECTS, PLLC In our previous discussions, the City of Anna has asked us to help explain our request to reduce the parking ratios for the Parmore Anna complex from 2.0 parking spaces per unit to 1.0 parking spaces per bedroom, inclusive of guest parking. Parmore Anna will be an independent senior, affordable community restricted to residents 55 years and older in age. Our team has developed a number of independent senior living communities and wanted to provide some good data to explain our request. Most seniors who live in senior communities do not need or want to maintain two cars. Most of our seniors will be living on fixed incomes and will have exited the workforce. Therefore, many of our residents will be single and those who are married will likely want to maintain only one car. We have found that creating too many parking spaces in a senior community encourages recreational vehicles and other vehicles to occupy the property and sit. We are highly motivated to park the property properly in order to keep our residents. However, it is also in our best interest not to oveipark the community so that we can maximize our greenspace and not provide vacant parking. Cross Architects, PLLC ("Cross") have provided examples to JPI of other age restricted, senior developments previously completed with parking ratios lower than 2.0, as required by the City of Anna. All the site plans for the developments discussed below can be found in Exhibit A. Example A: Artistry Senior Residences at Cram Ranch, McKinney, TX - Age restricted (55+), market rate, senior complex - 163 units Parking Required by City of McKinney 0 1.0 per unit 0 0.5 per garage without tandem o 188 parking spaces required 188 parking spaces provided 1.15 parking ratio Example B: Aspens at Wade Park, Frisco, TX - Age restricted (55+), market rate, senior complex 162 units - 176 parking spaces provided 1.09 parking ratio Example C: Gala at Fate, Fate, TX Age Restricted (55+), affordable, senior complex 185 units Parking Required by City of Fate o 1.0 spaces per unit o 1.0 spaces per 100 sgft of common area o 215 spaces required 215 parking spaces provided 1.16 parking ratio In addition to the above developed projects in the Dallas —Fort Worth metroplex, the proposed property management group, Alpha Barnes Real Estate ("Alpha Barnes"), the 13"' largest property management provider for affordable housing the country and the largest affordable housing property management provider, provided that 1.0 parking spaces per bedroom is typical of a senior complex. Alpha Barnes further explained that the 1.0 parking space per bedroom does not typically lead to parking issues for the tenants of the complex. In conclusion, based on the provided site plans by Cross and the statements from Alpha Barnes, we feel that 1.0 parking spaces per bedroom, 275 total parking spaces, at Parmore Anna would serve the tenants of the complex and allow adequate guest parking in excess of the parking required for the tenants. If any further documentation is needed, please feel free to reach out to Bryan Grant (Uryan.�rant a,jpi.com) and Ryan Dauer (yan.dauer0L)jpi.com). 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