HomeMy WebLinkAboutO-2753 - Rezone (Special)CITY OF MARYSVILLE
Marysville,Washington
ORDINANCE NO.ct-.l 3.5
AN ORDINANCE OF THE CITY OF MARYSVILLE,AFFIRMING THE
DECISION OF THE HEARING EXAMINER,REZONING APPROXIMATELY
3.0l-ACRES ABUTTING THE NORTHERN BOUNDARY OF GISSBERG
"TWIN LAKES" PARK FROM R-U TO MIXED USE, AND AMENDING THE
OFFICIAL ZONINGMAPOF THE CITY
WHEREAS,Joel C.Hylbackand Ronald P.Young own approximately 3.02-acres abutting
the northern boundaryof Gissberg "Twin Lakes"Park,said properrybeing legally described in
Exhibit A attached hereto;and
WHEREAS,Joel C.Hylbackand Ronald P.Young submitted an application to the Gryof
Marysville requesting a site specific,non-project action,zone reclassification of approximately3.02-
acres from R-12 (multi-family,medium density)to MU (mixed use);and
WHEREAS,the City of Marysville Heating Examiner held a public heating on said rezone
application on October23,2008 and adopted Findings,Conclusions and Reconunendation of
approval of the rezone subject to three (3)conditions,as set forth in the attached Exhibit B;and
WHEREAS,the Marysville City Council held a public meeting on said rezone on November
24,2008 and concurred with the Findings,Conclusions and Reconunendation of the Heating
Examiner;
NOW,THEREFORE,THE OTY COUNOL OF THE OTY OF MARYSVILLE,
WASHINGTONDO ORDAIN AS FOLLOWS:
Section 1.The Findings,Conclusions and Reconunendation of the Heating Examiner,as set
forth in the attached ExhibitB,are herebyapproved and adopted bythis reference,and the City
Council herebyfinds as follows:
(1) The rezone is consistent with the purposes of the comprehensive plan;
(2) The rezone is consistent with the purpose of Title 19MMC;
(3) There have been significant changes in the circumstances to warrant a rezone;
(4) The benefit or cost to the public health,safety and welfare is sufficient to
warrant the rezone.
Section 2. The properrydescribed in the attached Exhibit A is hereby rezoned from R-12
(multi-family,medium density) to MU (mixed use).
Section 3. The zoning classification for the properry described in ExhibitA shall be
perpetually conditioned upon strict compliance with each ofthe conditions set forth in the Findings,
Conclusions and Recommendation of the Heating Examiner.Violation of any of the conditions of
said decision mayresult in reversion ofthe properryto the previous zoning classification and!or
mayresult in enforcement action being brought bythe City of Marysville.
Effective Date:
Section 4. The official zoning mapof the Cityof Marysville isherebyamended to reflect the
reclassification ofthe property described in ExhibitA
Section 5. This decision shallbefinaland conclusive withthe rightof appeal byany
aggrieved partyto SuperiorCourtofSnohomishCountyby filing aLandUsePetitionpursuantto
the LandUsePetitionActwithintwenty-one (21)days afterpassage ofthis ordinance.
Section 6.Severability.If any section,subsection,sentence,clause,phraseorworkofthis
ordinance shouldbeheldto be invalid or unconstitutional byacourtof competent jurisdiction,such
invalidity or unconstitutionality thereofshallnot affectthe validity or constitutionalityof anyother
section,subsection,sentence,clause,phraseorwordof this ordinance.
PASSED bythe CityCouncil andAPPROVEDbythe Mayorthis J-'+t~dayof
N0\Je.W\1><x',2008.
ClTY OF MARYSVILLE
BY.~~
'DENNIS KENDALL,MAYOR
Approvedasto fonn:
By.~tL.&J~
..GRANTK.WEED,ClTY ATTORNEY
Date of Publication:~k /3 Lv r
11--'1 S-/fJ V
Exhibit A
TWIN LAKES
REZONE SITE PLAN
TJIN@
1561/1
VICINITY MAP
168111
TAX ASSESSOR NO.
31052900300100
LEGAL DESCRIPTION
THE NORTH 200 FEET OF THE NORTHEAST QUARTER OF THE
NORTHEAST QUARTER OF THE SOUTHWEST
QUARTER OF SECTION 29,TOWNSHIP 31 NORTH,RANGE 5
EAST,W.M.IN SNOHOMISH COUNTY,.
WASHINGTON.
FOR AGENCYUSE ONLY DATE:_
FILE NUMBER:_APLICATIONFEE:_
JUL 21 2008
Cityof Marysville
Publi*,Works &P~~eYelopment
Received
Contact Person
(if different than owner or
r )
Applicant
CITY OF MARYSVILLE
DEPARTMENT OF PLANNING AND BUILDING
80 COLUMBIA AVENUE
MARYSVILLE,WA 98270
PHONE:(360)363-8100
applicant
Joel Hylback &Ronald Young Same as owner Tobiason &Company,Inc.
Laurey Tobiason
PO Box 3249 20434 lOth.PL SW
Arlington,WA 98223 Seattle,WA 98166-4106
N/A 206-429-2875
N/A fax:206-824-1133Phone/home:
City, State, Zip:
Name:
Phonelbusiness:
Mailing Address:
Relation ofApplicant to property (check one) :
Owner [x]Contract Purchaser [ ]Lessee [ ] Other (specify)~_
See AboveName, mailing address, and telephone number ofproperty owner,ifdifferent from applicant:__=-=---=-=---=-_
,~._':"___Address andgeneral location ofproperty (including nearest intersection):The subj ect parcel lies -2000'south
of~tne~ntersectionof 26th DR NE and 169th ST NEt directly north of the NW corner of Gissberg
Twin Lakes Park
Section 29 Township 31 Range -,,-0,,-5__ISW 1/4)
Legal description ofproperty:SEC 29 TWP 31 RGE 05 RT-24 N 200FT NE1/4 SW1/4 EXC W 700FT TROF
(Complete Legal description:Attached)
List all assessor's tax account numbers involved (all 14 digits) :
31052900300100
Approximate acreage:_3--',--'0_2 _
Presentuse ofproperty:Vacant-----------------------------
Present zoning:_.::R'---.=1.=2 _
Source ofwater supply, and name ofwater district,ifany:City of Marysville Water
Method ofsewage disposal,and name ofsewer district,ifany:City of Marysville Waste Water
Permits needed from the City ofMarysville (please check with staff) :
[Xl Rezone
1Preliminary Plat
1 Conditional Use
1Shoreline Management
[ 1 Shoreline Management Variance
[ 1 Shoreline Conditional Use
[ 1 Variance
1 PlanModification
[ 1 Plat Modification
[l Annexation
[ 1 Critical Areas Review
1 Comprehensive Plan [1 Preliminary Short Plat
Amendment
[ 1 Other __-:-_
Please explainyourrequestorproposeduse:The applicant is requesting a rezone to mixed use (MU)
PLEASE FILL IN ALL APPROPRIATE SECTIONS
-~-~
REZONE APPLICATIONS ONLY
Requested zoning:MU (mixed use)
Has anyone applied for a rezone ofthis property within the last five years?[xl Yes [1 No
Ifyes,who?Yes;application was withdrawn by applicant:(Joel Hylback)
PLAT APPLICATIONS ONLY
Plat name:Numberoflots:_
County Assessor verification [Completed by City]_
SHORELINE MANAGEMENT PERMITS ONLY
Total cost or fair market value (whichever is higher)ofproject (please state total value ofall construction
and finishing work for which the permit will be issued, including all permanent equipment to be installed
on the premises) :
$-----------
Construction dates for which permit is requested (month and year) :
Begin:and End:_
Does this project require a shoreline/floodplain location? [ ] Yes [ ] No
Ifyes, please explain._
Water area and/or wetlands involved:~_
VARIANCES and SHORELINE MANAGEMENT VARIANCES ONLY
Code requirement involved:~_
ALL PERMITS
Please list any additional information not covered above which might help to clarify your request:
See attached site plan and project narrative.
IA notarized affidavit is required to filled out by all persons having an ownership interesij
lin the subject property,and the applicant,if different than the property owner(s)J
STATE OF WASHINGTON )
) ss
I (We)$ef J+1 H"z<J-7(tmdo(!I~,being duly
sworn,depose and say tliat I am (we are) the OWNER (s)ofthe property involved in this
application,and that I (we) have familiarized myself(ourselves)with the rules and
regulations with respect to preparing and filing this application and that the statements
and information submitted herewith are in all respects true and correct to the best ofmy
(our)knowledge and belief.
'#L
Subscribed and sworn to before me this /t?day of__-;;*=~:...-
JIS!!la'lIil!~Zwi...&I..~
DEBORAH A.lIBBING
NOTARY PUBLIC
STATEOF WASHINGTON
COMMISSION EXPIRES
MAY4. 2011
STATE OF WASHINGTON )
) ss
I(We)~d tf-il.lhqjc ~n~~,being duly
sworn, depose and say th I am (we are) the APPLICANT(S)for this applIcatIOn,and
that I (we) have familiarized myself(ourselves)with the rules and regulations with respect
to preparing and filing this application and thatthe statements and information submitted
herewith are in all respects true and correct to the best ofmy (our)knowledge and belief.
Subscribed and sworn to before me this
\iSl!i1!iio!lo~""'~~""ll
DEBORAH A.lIBBING
NOTARY PUBLIC
STATEOFWASHINGTON
COMMISSION EXPIRES
MAY4,2011
..Notary publicin,::~J?gfwasbin
residing at ~
FOR AGENCYUSE ONLY
DATE:_
FILE NUMBER:_APPLICATION FEE:_
Tobiason &Company,Inc.
Land Use Consulting /Landscape Architecture
7-18-08
City of Marysville
Community Development Department
80 Columbia Ave.
Marysville,WA 98270
HylbackRezone Analysis
Received
JUL 212008
City of Marysville
PublicWorks &
Community Development
19.54.070 Zone reclassification.
A zone reclassification shall be granted only if the applicant demonstrates that
the proposal is consistent with the comprehensive plan and applicable functional
plans and complies with the following criteria:
(1)There is a demonstrated need for additional zoning as the type proposed;
The growth sectors in the Marysville area at this point in time are multifamily
and commercial uses.It is clear that the supply ofsingle family homes now
exceeds the demand. The existing zone would allow low density multiple family
use,however the densities are limited to approximately 12 units peracre. The
higherdensities allowed under the MU zone are more economically viable. The
commercial aspect to MU is also in greater demand than residential use at the
R-12 densities
(2)The zone reclassification is consistent and compatible with uses and zoning
of the surrounding properties;
The parcel west oftne.site are zoned MU,and further west is GC property.
Property north ofthe site is zoned R-12. These are all compatible uses.
."<-,""--------
(3)There have been significant changes in the-circumstances of the property
to be rezoned or surrounding properties to warrant a change in-classification;
Changes in the area have been extensive with the new big-box commercial
uses being constructed. The City is working with the applicant and other .
neighboring property owners to extend an arterial (2tJ'Ave.NE) from its southern
extremity (the south access to Costco)south along the west side of Twin Lakes,
and ultimately to a new freeway access south ofthe lakes. The new majorstreet
20434J(jh Place SWSeattle WA,98166-4106
Laurey@Tohiason.hiz
offlce(206)429-2875
jax(206)824-1133
system and freeway access provisions will serve to accelerate the already
healthy growth ofintense land uses found in the immediate vicinity ofthe parcel.
(4) The property is practically and physically suited for the uses allowed in the
proposed zone reclassification.(Ord.2131,1997).
The property has several unique attributes:it fronts on the new arterial
discussed above;it is nearly contiguous with intensely developed commercial
property;the adjacent parcel to the east is already zoned MU;south ofthe site
lies the waterbody of Twin Lakes as well as undeveloped par/{land,which will
serve as an amenity for residential uses for viewing and active play;the site is
level and all necessary utilities are available.
Ordinance No. 2709
(1)The proposed land use district will provide a more effective transition point
and edge for the proposed land use district than strict application of the
comprehensive plan map would provide due to neighboring land uses,
topography,access,parcel lines or other property characteristics;
The proposal provides a more logical boundary for the MU zone in light ofthe
new 271'Ave NE arterial corridor.'The rezone will extend the existing MU use
west to the edge ofthe right of way; the street will act as the new boundary to the
zone.
(2) The proposed land use district supports and implements the goals,
objectives, policies and text of the comprehensive plan more effectively than
strict application of the comprehensive plan map;
LU-2 Limitpopulation and employment growth and the provision of
servicesto Urban Growth Areas.Districts outside of Urban Growth Areas
should remain rural in character.
Theprpposallies withinthe Urban GrowthArea. Urbanservicesalready
exist or are availablein this area.-LU-4 Encourage gro~h th'CilwilLtransform Marysvillefrom a residential
dominated community to one thcrl"provides a balanced,though not
equal.proportion of both residences and employment.This will probably
include a major
employment center.
A designation ofMUprovides the opportunityfor businessesand retail
shopsto be located on the site.
LU-7 Preserve open spaces,natural areas and buffer zones,wetlands,
wildlife habitats,and parks in and outside of the Urban Growth Area.
GissbergTwin LakesPark lies directlysouth ofthe site. Both
businesses and homes within the proposedrezone area would be
orientedto the park in an aestheticallypleasing manner that will increase
the awarenessand appreciation of the natural areas,encouraging
preservation of them. The MU site plan process can help in developing
designs which respect and acknowledge the natural systems..
LU-9 Encourage a harmonious blend of opportunities for living,working,
and culture for the residents of Marysville through planned retention and
enhancement of its natural amenities,by judicious control of residential.
commercial.and industrial development.and by recognition of the City's
role in the region.
The proposal will create multiple opportunities for pedestrian oriented
living, working, and recreational uses. Not only will residents ofthe
proposal benefit from proximity to a large commercial center (Costco),
they are also within walking distance ofTwin Lakes a popular recreation
area. The proposed blend ofliving, working, recreation,and shopping will
help create a pedestrian friendly neighborhood.
LU-ll To reduce reliance on the private automobile,encourage suitable
combinations and locations of land uses,such as employment,retail,and
residences,including mixed use development.
The proposal promotes a combination of land uses (retail &residential)
and reduces automobile reliance. The commercial area east of the
proposed rezone is a major employment and shopping center.Residents
ofthe rezoned site will have many opportunities to walk to work and or
shopping. Because the site lies directly north of Gissberg Twin Lake Park
neighborhood residents will also have manypassive and active
recreational opportunities that can be reached on foot.
LU-18 Housing densities should be determined by community values,
development type and compatibility,proximity to public/private facilities
and services,immediate surrounding densities,and natural system
protection and capability.
The extensive retail andrecreational opportunities which can be reached
on foot and the proposed transit hub at 27"'Ave NE and 172"'Street NE
suppon high density.
LU-20 Accomriiodete demand for urban-density living and services only
within Urban Growth Areos,.
The proposal lies within the UGA arid is in the Lakewood Neighborhood
Planning Area.
LU-22 Distribute higher densities in appropriate locations.Locate in residential
areas where they will not detract from the existing character.Locate near
employment and retail centers,and to transportation corridors as appropriate.
The proposed high density is appropriate because ofit's proXimity to a
large retail, employment, recreation and transportation center. MU
development ofthis site will help create a transition from the intensive
commercial uses to the east and the less intensive residential uses to the
west;encouraging a neighborhood that feels more like an urban village
and less like a Big Box retail centersurrounded by apartments. The site is
approximately ~mile from the new Park &Ride slated for construction at
the new lighted intersection of27'"Ave NE and 172:'"ST NE. The Park
and Ride is a majorhub ofCommunity Transit's system with transfers to
the 207,210,230 &240 bus routes.
LU-28 New or expanded single and multi-family development should be
within walking distance,preferably but not necessarily via paved sidewalk
or improved trail, of a neighborhood park,public recreation area,or in
some cases a school.
Existing single and multi-family areas should,as possible, also be provided
with a neighborhood park,public recreation area,or in some cases a
school.within walking distance,via paved sidewalk or improved trail.
The proposal is directly north ofGissberg Twin Lakes Park,any
development ofthis property will include pedestrian access tothe park.
LU-32 Locate and design new single and multi-family residential
developments,and improve existing ones to facilitate access and
circulation by transit,carl vanpools,pedestrians,bicyclists,and other
alternative transportation modes.
The proposal promotes pedestrian and transit circulation byits proximity
to majoremployment,retail,recreational &transportation centers.
LU-44 Locate multi-family development adjacent to arterial streets,along
public Transportation routes,and on the periphery of commercially
designated areas,or in locations that are sufficiently compatible or
buffered from single family areas to not disrupt them.
27'"Ave. NE,a new arterial route, will run along the parcels western
frontage. The site is approximately ~mile from a propsedpark and ride.
andmajor transit hub. The site lies west ofMU and GC properties.
LU-51 Encourage residential dwelling units above retail,service,and office
usesin designated land use categories,either as a permitted use or by
conditional use permit,depending on the area.
The·proposed designation ofMU will allow residential dwellings units
above retail uses.
"<,~--
LU-62 strengthen-existing cornmerclol centers and a diversified
employment base to assure that land use iscompatible,convenient,and
consistent with community needs.
The proposal lies directly south and west ofthe Big Box commercial
center on Twin Lakes Ave. south of 172:'"ST NE.Allowing MU retail
uses on the proposed site will insure a diversity ofretail stores and
employment opportunities within the Lakewood Neighborhood planning
center.
LU-65 Provide for the development of distinct commercial land use districts
establishing a separation of commercial activities based upon land use
characteristics,type of transportation corridors,amount of traffic
generation,and geographic location.
This proposal will create a "buffer area" between the intensive
commerical activities west of1-5 and the R-12 designated properties that
will lie west ofthe new stretch of 27"'Ave.NE.The MU zone allows for a
distinctive pedestrian complex and a symbiosis ofcompatible uses.
LU-67 Minimize land use conflicts through proper location and appropriate
design.
The proposal creates a "buffer area"between the commerical uses north
and east ofthe site and the residential uses to the west. The residential
uses to the west will also be separtated from the proposed MU
designated parcel and adjacent commercial uses by the new stretch of
27"'Ave.NE.
LU-101 Encourage the grouping of businesses and site design so that
persons can make a single stop to use the several businesses located at a
single center.
The proposal is located in an existing retail area.
LU-119 Encourage a pedestrian-oriented character.
A discussed earlier, the recreational,shopping and employment
opportunities which can be reached on foot from this site,along with the
future mix ofcommerciallbusinessirecreational andresidential uses, will
encourage pedestrian use. Future uses would therefore include
pedestrian character.
EN-8 Pursue programs that offer creative solutions to enhance,improve
and/or protect the natural environment.Stormwater facility design,low
impact development options,wetland banking,and dual use facilities
should be pursued whenever possible.
Parking will be shared by the commerical uses (by day)and residential
uses by night.
EN-25 Utllizenaturalsystems to provide variety,community identity,and
open space areas.
The project identity will be established by its proximity and orientation to
'.G~bergTwin Lakes parle
EN-28 All developments should be sensitive to naturalsystems,recognizing
the natural beauty and character of the land and its vegetation.
It is intended that the ultimate siting ofbuildings on this site would be
oriented towards the lakes.
HO-2The City shall encourage housing types that are attractive and
affordable to first time and moderate income home buyers.
Multifamily residences tend to be more affordable than single family
detached homes..
HO-4 Promote housing alternatives to the large lot single family detached
dwelling and large apartment complex.
Approval ofthe proposed MU designation of the site will encourage
development ofa pedestrian scale mixed use neighborhoods which will
provide an altemative to single family detached dwellings or large
apartment complexs.
HO-18Provide affordable housing opportunities close to places of
employment.
The proposal provides moderate income housing within walking distance
ofa majoremployment center and transit hub.
HO-21 Provide connectivity between housing,public places,places of
interest,and commercial areas to create a more interactive community.
The proposal creates an interactive community living situation.Future
residents will have a majorrecreation, employment, retail,and
transportation center within walking distance oftheirfront door.
HO-30 Ensure that mixed use development compliments and enhances
the character of the surrounding residential and commercial areas.
This site will provide a transition use between GC zones to the east,and
residential zones to the west.
HO-31 Encourage the concept of strong,traditional neighborhood
planning to improve neighborhood quality and reduce automobile
dependency.
The mixed use concept provides the opportunity for reduced automobile
use because many compatible uses can be reached on foot. This
symbiosis provides neighborhood quality.
HO-35 Promote a housing policy and land use pattern that balances the
ratio of housing unitsto jobs.
MU zoning allows forincreased employment opportunities.
HO-36Maximiz-ethe pubic investment in pubic infrastructure by supporting
a compact land use strategy to increase residential density.
MU allows higher densities than the existing R-12 zone.
PK-13 Provide park and recreation facilities within or adjacent to
residential developments,and adjacent to or in conjunction with school
district properties.
The proposed parcel lies directly north of Gissberg Twin Lakes Park.
PK-17 New or expanded residential development should be within walking
distance,preferably but not necessarily via paved sidewalk or improved
trail,of a neighborhood park,public recreation area,or in some cases a
school.Existing residential areas should, as possible,also be provided with
a neighborhood park,public recreation area,or in some cases a school
within walking distance,via paved sidewalk or improved trail.
The proposed parcel lies directly north ofGissberg Twin Lakes Park.
Policy T-1A.4 Develop community circulation systems that conserve land,
financial.and energy resources,facilitate public transportation services,
and provide safe and efficient mobility.
Thesite is approximately%mile from the new Park &Rideslated for
construction at the newlighted intersection of 27"'Ave NE and 172""STNE. The
ParkandRideis a majorhub ofCommunity Transit's system withtransfersto the
207,210,230 &240 bus routes.
Policy T-6A.2 Support present and future transit plans by encouraging and
facilitating high-density residential development within walking distance of
commercial areas and transit corridors.
As previously discussed the proposal site is within walking distance of
majorretail,employment,recreational,and transit centers.
Policy T-9B.2 Locate convenience/commercial services at busstops, transit
transfer centers, Park and Ride lots,etc..to make these locations more
pleasant and to accomplish daily taskswithout use of the private
automobile.
As previously discussed the proposal site is within walking distance
ofmajor retail,employment,recreational,and transit centers.
.ED-4 Separate and buffer newer commercial and industrial areas from
residential areas.Allow mixed use throughout the downtown area.
Approval ofthis proposal will create a "buffer area"between the
commercial andresidential areas east and west ofthe site.
UT-l Accommodate new residential.commercial,and lnoustrlol
development only when required utilities are available prior to or
concurrent with development.Concurrency indicates that utilitiesare
available within 6 years of construction of the new development.
Payment of mitigation fees is considered
concurrency.
Urbafl.services are available to the site.
UT-3 Encourage development in areas where utilitiesare already
available before developing areaswhere new utilitieswould be required.
-Urban services are available to the site.
UT-4 Provide urban level utilities only in Urban Growth Areas
The proposal site is within the UGA.
(3) The proposed land use change will not affect an area greater than 10
acres,exclusive of critical areas.
The parcel is less than 10 acres in area.
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Received
JUL 211008
City of Marysville
PublicWorks &
Communlty'Development
29,
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SEC.
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