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03-26-1996CITY OF RIOFIFIELD PLAnninG OOnImissIOf1 nGEnDA March 26, 1996 7:00 p.m. ROLL CALL APPROVAL OF MINUTES Planning Commisison meeting on February 27, 1996 and Study Session March 12, 1996. PUBLIC HEARING ITEM #1 96- APUD -1 PETsMART - 1100 West 78th Street - amended planned unit development plan /final development plan and conditional use permit to allow veterinary clinic in Phase I of the Shops at Lyndale. ITEM #2 96- ACUP -1 Academy of the Holy Angels - 6600 Nicollet Avenue - Amend conditional use permit to allow construction of a seasonal sports facility. ITEM #3 96 -CUP -3 Blarney Motors - 6529 Penn Avenue - Extension of conditional use permit to allow continued use as a used car sales lot. NEW BUSINESS ITEM #4 Capital Improvement Program /Capital Improvement budget Review of Process Schedule Review of Projects OLD BUSINESS LIAISON REPORTS School Board Community Services Advisory Commission H RA City Council ADJOURNMENT Auxiliary aids for individuals with disabilities are available upon request. Requests must be made at least 96 hours in advance to the Administrative Service's Director at 861- 9702." PLANNING COMMISSION MINUT rJ 0911WORM Regular Meeting February 27, 1996 MEMBERS PRESENT: Chairperson Daniel Linnihan; Commissioners: Pamela Dmytrenko, Timothy Erlander, David Gepner, Mitchell Hadley, Kevin Hansen, Dawn Postudensek, Kristal Stokes and Paul Wasko MEMBERS ABSENT: COUNCIL LIAISON: None Martin Kirsch, Mayor STAFF PRESENT: Julie Urban, Zoning Administrator Steve Kenny Planning Staff Assistant Secretary Bruce Palmborg, Community Development Department Director The Planning Commission meeting was called to order by Chairperson Linnihan at 7:00 p.m. APPROVAL OF MINUTES Commissioner Dmytrenko asked staff to change the February 13, 1996 minutes from the School Board Liaison Report to state that the School District will have less money due to the results of the Southdale tax abatement. Chairperson Linnihan would like staff to change the minutes from the same meeting regarding the City Council Liaison Report to state that the opening of Petsmart is not being held up by the Vet Clinic, but it is actually being held up by the Petsmart Corporation and their goal to open all of their stores at the same time. Commissioner Postudensek wanted to clarify a comment (p. 2) that she had stated on the Study Session on February 13. She was concerned that the number of mailings were limited to only affected neighborhoods and she would like to see the mailings be sent out to the surrounding areas. She didn't bring up the issue of cost. Cost was brought up by the group. M/Erlander, S /Stokes to approve the minutes as corrected of the Special Planning Commission meeting of January 17, 1996, January 1& 1996. Regular Planning Commission Meeting of January 23, 1996 special Planning Commission meeting of bnuary 25, 1996, January 27. 1996, at 11:00 A.M. and 1:00 P.M. and Study Session meeting; of February 13-1996. Motion carried: 9 -0 February 27, 1996 Page 2 PUBLIC HEARINGS 96- PUD -1, Cloverleaf Site ITEM #1 TOLD Development Co. Planned Unit Development Plan and Rezoning ITEM #2 from C -3 and R to PC -2, to allow construction of Meridian Crossings office development. ITEM #3 Zoning Administrator Urban presented the staff report for the first 3 related items simultaneously, but asked that they be voted on separately. Ms. Urban explained that the HRA has agreed to sell the Cloverleaf property to the TOLD Corporation. The proposal is for a two building office development, Meridian Crossings. TOLD is asking for some flexibility to be built into the approval, so that they can respond to market demand and tenant needs. Zoning Administrator Urban stated that Phase I would include a 6 to 8 story office building with 144,000 to 190,000 square feet of building-area. A 2 to 3 level parking deck would provide 540 to 734 parking stalls. Zoning Administrator Urban stated that Phase II would include an 8 to 10 story office building with 193,000 to 241,000 square feet of building area. A 2 to 3 level parking deck would provide 974 to 1600 parking stalls. Ms. Urban described the site access, traffic and environmental impacts of the project. Zoning Administrator Urban stated that staff recommended approval of the rezoning to a PUD and approval of the FDP and CUPs for Phase I and II with the stipulations stated in the Staff report. Ms. Urban asked the Planning Commission to add an additional stipulation that would allow the Community Development Director to have final approval over the design and layout of the parking decks. Commissioner Gepner asked if any consideration had been given to accommodating bicycle travel. Ms. Urban stated that a pathway was provided from 77th Street to the building entrances and she suggested that Commissioner Gepner direct his question to Mr. Robinson of TOLD. Ralph Robinson,TOLD Development Corporation, presented renderings of the proposed project. Mr. Robinson discussed the time table for construction and explained their efforts to secure tenants for the project. They are seeking flexibility in building height, final configuration, and height of the parking decks to give them maximum flexibility in the marketplace. In February 27, 1996 Page 3 response to Commissioner Gepner's question, he pointed out the pathway connecting 77th Street to the building entrances. Commissioner Wasko asked TOLD if they talked to the Minnesota School of Business about the school's parking needs. Mr. Robinson stated that TOLD has talked to the school, but the discussion was based on the school's administrative needs. Commissioner Wasko asked TOLD about the meetings with the neighbors. Mr. Robinson explained that a big concern was what the impact will be of the parking ramp next to the church and the height in relation to the height of the church. Other issues were the wetlands and drainage and timing of the project. The church was also concerned that the oak trees be protected. Mr. Robinson explained that they had agreed to provide further detail of the Church's view to the church members. Chairperson Linnihan opened the floor for discussion to the public. John Dumacher, Emerson Congregational Church Moderator, expressed the church's concerns. The church's concern was the proximity of TOLDs' parking ramp to the church's parking lot. Mr. Dumacher was concerned that this ramp would cut into site lines and the atmosphere near the church. Another concern was how close the ramp is to the church's parking lot and how it will affect the snow plowing of that parking lot. Keith Fermenik, Emerson Congregational Church member, provided the background of the Emerson Congregational Church and discussions with CSM and Richfield Staff regarding development of the Cloverleaf Site. Henry Enthoven, Emerson Congregational Church member, stated that he was concerned with the height of the parking ramp. M /Erlander, S /Stokes to close the public hearing,, Motion carried: 9 -0 M/Erlander, S/Hadley to recommend to the City Council to approve the PUD Plan and rezoning on the subject area from R and C -3 to PC -2. Motion carried: 9 -0 M /Erlander, S /Stokes to recommend to the City Council approve the conditional use permit on the final development plan for phase I with the stipulations detailed in the staff report and as added by staff. Motion carried: 9 -0 February 27, 1996 Page 4 M/Erlander, S /Stokes to recommend that the City Council approve the Conditional Use Permit on the final development plan for phase II with the stipulations already addressed by Staff and a friendly amendment. TOLD should work with the neighbors regarding parking deck issues. Motion carried: 9 -0 Chairperson Linnihan suggested that the Planning Commission discuss the Old Business before the New Business. OLD BUSINESS PC Letter 45, ITEM #8 Discussion of Section 526 ordinance amendment for auto related uses Zoning Administrator Urban presented the staff report stating that the revised zoning ordinance prohibits auto - related uses from locating near an R and R -1 District. Under the current revisions, 13 businesses were made legally nonconforming uses, which means that they are not allowed to expand their businesses. The Planning Commission requested other Cities' Ordinance requirements on Automobile Related Uses. Staff provided other Cities requirements for the Planning Commission. Another request of Staff was to locate on a map where the auto related businesses could locate. She found that 50 percent of the C -2, C -3, and I districts were eligible locations and 3 percent of the overall city are eligible locations. Staff suggested that the Planning Commission recommend one of the various options to the City Council. Steve Jensen, Transmission Shop, stated that his shop hasn't affected the neighborhood in a negative way, but has done a lot for the community. He likes the second option because it would allow him to expand and in a good way. Commissioner Erlander offered that the second option appears to be the least negative option. Commissioner Stokes stated that she would support the second option. Commissioner Wasko was concerned with how to limit the scale of auto - oriented businesses locating next to residential districts. Commissioner Postudensek stated that if she had to choose an option she would choose the more restrictive option. Commissioner Postudensek was concerned that the ordinance was February 27, 1996 Page 5 being changed in response to a request by one business. Zoning Administrator Urban responded that staff had received calls from more than one auto - related businesses. M/Erlander, S /Stokes to approve the second option described in the staff report which relates to Service Stations and Auto Mechanical and Garages. Motion carried: 7 -1 and 1 abstention NEW BUSINESS PC Letter #1, ITEM #8 Election of Planning Commission Chairperson, Vice - Chairperson and Secretary Chairperson Linnihan opened the floor for nominations for Chairperson. Commissioner Hadley nominated Dan Linnihan. Chairperson Linnihan asked for other nominations. There were no other nominations. M/ Erlander, S /Stokes to close the nominations and cast a ballot for Dan Linnihan for Chairperson. Motion carried: 9 -0 Chairperson Linnihan opened the floor for nominations for Vice - Chairperson. Commissioner Erlander nominated Kristal Stokes. Chairperson Linnihan asked the group for other nominations. There were no other nominations. M /Linnihan, S/Erlander, to close the nominations and cast an uncontested ballot for Kristal Stokes as Vice - Chairperson. Motion carried: 9 -0 Chairperson Linnihan opened the floor for nominations for Secretary. Commissioner Stokes nominated Tim Erlander. Chairperson Linnihan asked the group for other nominations. M /Hansen, S/Postudensek, to close nominations and cast an uncontested ballot for Tim Erlander for Secretary. February 27, 1996 Page 6 Motion carried: 9 -0 ITEM #5 Appointment of Liaisons Commissioner Stokes agreed to stay as the Community Services Commission Liaison and Commissioner Wasko agreed to keep his position as the alternate. Chairperson Linnihan suggested that anyone on the Commission can formerly assume the City Council Liaison position. Commissioner Stokes suggested that this could be an ad hoc committee. Commissioner Gepner suggested that this could be on a rotating basis for each Commission member. Chairperson Linnihan asked the Commission about the HRA Liaison position. The group suggested that this position be organized in a similar manner as the City Council Liaison Position. Commissioner Dmytrenko agreed to be the School Board Liaison. ITEM #6 Approval of PC Bylaws M/Erlander, S /Hadley to adopt the Planning Commission Bylaw Motion carried: 9 -0 Commissioner Gepner asked the Planning Commission if the group could open the floor to personal biographies about each Planning Commission member. ITEM #7 Introductory discussion of the CIP process Zoning Administrator Urban handed out the 1997 -2001 CIP /CIB and stated that Steven Devich, Administrative Services Director, will meet with the Planning Commission about the process. February 27, 1996 Page 7 ITEM #9 Lyndale Avenue Strategic Development Plan Update on schedule Zoning Administrator Urban stated that the Planning Commission will receive a draft of the plan at the next study session. She stated that the next steps would be to approve and present the plan at the HRA meeting in May. ITEM #10 Comprehensive Plan Update Update on communication plan Zoning Administrator Urban reviewed the communications plan that was prepared by Jill Schultz of JMS Communications. The group decided that just a letter should be mailed to the City so the meetings can begin in March. LIAISON REPORTS School Board: Commissioner Dmytrenko reported that the School Board chose Bob Lindgren to fill the vacant School Board position and he will -serve until May 1997. She stated that Loren Hansen gave a remodeling update. The School Board approved the budget for Phase III to remodel Central and Lincoln Hills Schools. The Board will spend more on Central because the District will keep this building longer and due to its location. The Board is meeting with the legislators to discuss this session. Community Services Advisory Commission: Commissioner Stokes reported that Director Fondrick resigned. She stated that the Commission is having a bus tour of the City on May 14, 1996. There was also discussion about the Summer playground and parks programs. HRA: No report given City Council: Commissioner Erlander said that the Charter Commission came in with an amendment proposing that after 6 unexcused absences a City Council member would be removed from office. He reported that the Assistant City Attorney stated that the proposed amendment was unconstitutional and agreed to work with the commission. Commissioner Erlander said that there was a report from Public Safety about the 6 year old murder which was solved recently. Director Erskine also pointed out that the shooting along Cedar Avenue was incorrectly reported as a drive -by shooting. February 27, 1996 Page 8 ADJOURNMENT The m eting was adjourned by unanimous consent at 9:30 p.m. Timoth lander Planning Commission Secretary H:P &Z:Template:All Files:PCMinutel PLANNING COMMISSION MINUTES r Study Session Meeting March 12, 1996 MEMBERS PRESENT: Chairperson Daniel Linnihan; Commissioners: Pamela Dmytrenko, Timothy Erlander, David Gepner, Mitchell Hadley, Kevin Hansen, Dawn Postudensek, and Kristal Stokes. MEMBERS ABSENT: Commissioner Paul Wasko STEERING COMMITTEE MEMBERS: Bill Kilian and Gertrude Ulrich COUNCIL LIAISON: Susan Rosenberg STAFF PRESENT: Julie Urban, Zoning Administrator Steve Kenny Planning Staff Assistant Secretary The Planning Commission meeting was called to order by Chairperson Linnihan at*7:00 p.m. OLD BUSINESS Comprehensive Plan ITEM #1 Communications plan update Zoning Administrator Urban informed the Planning Commission that the Lyndale Avenue Strategic Development Plan was scheduled for tonight, but it is postponed for a month. The City Council and the HRA will look at the plan in May. Zoning Administrator Urban handed out a copy of the advertisement from the Sun - Current and a letter explaining the dates and locations of the neighborhood meetings. Ms. Urban stated that all Steering Committee members are encouraged to attend the neighborhood meetings. Staff is working on making a different summary of the Plan that is more reader friendly. Zoning Administrator Urban stated that the format of the meetings would be similar to that of the January meetings. The Commissioners signed up to attend the meetings. The meetings will not be official Planning Commission meetings. March 12, 1996 Page 2 Townhomes and Cluster Developments ITEM #2 review of multiple residence districts Zoning Administrator explained the materials that were sent to the Commission on townhomes and cluster developments. She stated that the draft Comprehensive Plan encourages townhomes but that the zoning ordinance may make it difficult to develop this type of housing. Commissioner Postudensek asked Zoning Administrator Urban what staff saw as the problem in the ordinance and what direction they thought the Commission should take. Zoning Administrator Urban stated that the ordinance treats townhomes like apartments when they are more like single family homes. Chairperson Linnihan suggested that a separate townhome district be created or the MR -2 district be modified. The group discussed the difficulty rezoning properties to a townhome district could create. Commissioner Dmytrenko suggested that the group look at allowing them in all residential districts. Commissioner Erlander would like to see a concept or draft language of a policy. He believes that if the Planning Commission can pass a policy then the City Council can look at possibly passing the policy. Commissioner Gepner suggested that the Commission have developers come in and talk to them about townhome development and what their needs are. Zoning Administrator Urban agreed to set something up for a future meeting. ADJOURNMENT The meeting was adjourned by unanimous consent at 8:10 p.m. Timothy Erlander Planning Commission Secretary n CITY OF R10HRELD P«rwn6 commission Item: #1 Agenda Section: Public Hearing Case: #96- APUD -1 Date: March 26, 1996 GENERAL INFORMATION Petitioner: PETsMART Location: 1100 West 78th Street Type of Request: Amended planned unit development /final development plan and conditional use permit to add veterinary clinic as an allowable use Zoning: PC -2 (planned general commercial) Land Use: Commercial Comp. Plan: Freeway Strip References: (see attached Citations section for excerpt) Zoning Code: 526.23 536.05; 536.01, Subds. 2, 5 and 6; 536.25 ACTION Proposed Change: The amended planned unit development plan would enable the applicant to incorporate a veterinary clinic into the existing retail shopping center. Staff Recommendation: Approve the request for an amended planned unit development plan. HISTORY Public Notice: Notice of the Planning Commission's consideration and public hearing was mailed to all property owners within 350 feet of the subject property. Public Hearing: The Planning Commission will conduct a public hearing on March 26, 1996. City Council: Planning Commission action would set a City Council public hearing date of April 8, 1996. ANALYSIS Background: On December 12, 1994, the Council approved an amended planned unit development /final development plan (PUD/FDP) and conditional use permit CUP) for Phase I of the Shops at Lyndale. The amended PUD plan increased the total building square footage for Phase I from 116,605 square feet to 127,366 square feet. The Planning Commission recommended to the Council that the amendment be approved with the stipulation that a vet clinic not be a part of the project.. The Council decided to neither allow nor disallow a vet clinic as an allowable use in the development at that time. Proposal: PETsMART is opening a 25,962 square foot retail store in Phase I. Approval of an amended PUD would allow PETsMART to incorporate a veterinary clinic in the store. The vet clinic would encompass approximately 1,700 square feet in the southeast portion of the store. Customers would, access the clinic through the retail store or through a separate entrance which is located just east of the main entrance. The vet clinic would be operated by an independent company that would lease the clinic space from PETsMART. Issues: 1. PETsMART has asserted that, because a veterinary clinic is a permitted use in a C -2, district (general commercial), it should be an allowed use in the PC -2 district. Staff ruled that all uses in a PUD district are conditional and subject to a conditional use permit. The conditional use permit for Phase I of the Shops at Lyndale, as amended on December 12, 1994, is for retail uses only. A veterinary clinic is a service business. An amendment is required to incorporate the use into the PUD plan. 2. Regulations for the C -2 district serve as a guide for the PC -2 district. Veterinary clinics are a permitted use in the C -2 district. 3. In the past, Council members have expressed concern with the presence of veterinary clinics in shopping centers. The concerns have included the following: animals pose a public safety threat in the parking lot and the retail store; there is a potential for animal fights; there is a potential for contamination from animal feces, contamination which could spread to nearby restaurants. 4. Several factors mitigate the potential threat the presence of animals may pose to the public health, safety and welfare: Animals are currently allowed in the retail portion of the store. In addition, a license has been approved for a grooming business which will attract more animals to the center, regardless of the presence of the vet clinic. The City has laws governing the handling of animals in public places to protect the public health, safety, and welfare. PETsMART employees are required to follow procedures related to cleanliness as well as safety. The store has several safety measures in place in the event an animal acts in a dangerous manner. The presence of a separate entrance into the vet clinic minimizes the potential risk of exposing sick animals to the people and animals in the retail store. RECOMMENDATIONS Recommended Action: Preferred: 1. Recommend that the City Council approve the request for an amended planned unit development /final development plan and conditional use permit. BaSiS: 1. Veterinary clinics are permitted uses in the C -2 district. The C -2 district serves as a guide to allowable uses in the PC -2 district. 2. The existing shopping center provides adequate parking, parking circulation, and landscaping to accommodate the addition of a vet clinic. Alternative: Recommend that the City Council deny the request with a finding of fact that the proposed use would have an adverse impact on surrounding properties or the City as a whole. ZONING CODE: CITATIONS Section 526 - Zoning: Commercial Districts 526.23. Permitted uses. Subdivision 1. The uses listed in this subsection are permitted uses in the C -2 District. Subd. 2. Shopping centers or similar multi -tenant developments with 100,000 square feet or less of gross floor area. Subd. 3. Retail, service, and office uses with 50,000 square feet or less of gross floor area excluding those uses listed in Section 526.27 of this code). Permitted uses may exceed the 50,000 square foot size limitation if located within a shopping center or other multi -tenant building. Such permitted retail, service, and office uses include, but are not limited to, the following: a) antique stores or secondhand goods stores that do not require a license under Section 1186 of the City Code; b) bowling alleys, pool halls, or arcades; c) carpet, decorating, or paint stores; d) Class IV (take out only) restaurants which do not provide drive -up window service; e) clothing or shoe stores; f) computer, duplicating, or office products stores; g) craft stores; h) dry cleaning service or self - service laundries; i) fabric, sewing, or tailoring stores; j) financial institutions without drive -up window service, including currency exchanges licensed by the State; k) furniture or appliance sales stores; 1) general merchandise or drug stores; m) gift or book stores; n) hardware stores; o) municipal liquor stores; p) music stores; q) nursing or rest homes; r) offices, business or professional; s) photography studios or film development; t) printing establishments or book binding shops; u) stereo installation services within an enclosed building; v) taxi or limousine services; w) tire or auto /motorcycle parts stores; x) tree trimming services with no outdoor storage of trimmings or materials; y) veterinarian clinics; z) other retail, service, and office establishments of the same general character as those enumerated above, as determined by the City pursuant to Section 511.05 of this code. Subd. 4. Governmental buildings and public libraries, including their appurtenances. Subd. 5. Public or private elementary and high schools, and other similar learning institutions. Subd. 6. Religious institutions and related convents or parsonages. Subd. 7. Adult business establishments as defined and regulated under Section 1196 of the City Code. Subd. 8. Minor public utilities. SECTION 536 - ZONING: PLANNED UNIT DEVELOPMENTS 536.01. Planned Unit Developments. Subdivision 1. This Section 536 applies to planned unit development zoning districts. Subd. 2. Planned unit development defined. A planned unit development is a development of land that is under unified control and is planned and developed as a whole in a single development operation or in a programmed series of development stages. The development may include streets, circulation ways, utilities, buildings, open spaces, and other site features and improvements. A planned unit development is built according to a detailed final development plan, as approved by the City Council. Subd. 5. Purposes.. The purposes of this section are to: a) provide for the establishment of PUD zoning districts where appropriate; b) provide a means of flexibility to the strict application of the land use regulations in this code, while at the same time protecting and promoting the health, safety, comfort, aesthetics, economic viability, and general welfare of the City and its residents; c) promote a more creative and efficient approach to land use within the City, while at the same time, encouraging superior design and construction materials; d) allow greater intensities and wider varieties in the types of environment available to City residents; e) preserve and enhance natural features and open space; f) improve the efficiency of public streets and utilities; and g) provide transitions in land use in keeping with the character of adjacent land uses. Subd. 6. Departure from original district regulations. tions. The various zoning regulations and requirements (e.g., use, building setback, height) which apply to the original district should be considered as guidelines and may be departed from in the approval of any PUD to accomplish the purposes described in Subd. 5 of this Subsection. 536.05. Integrated design. A PUD shall consist of a harmonious selection of uses in groupings of buildings, services, parking areas, traffic and pedestrian circulation and open spaces, and shall be planned and designed as an integrated unit. 536.25. Plan amendments. Any amendment to a final development plan and conditional use permit shall require a two -thirds vote of the Council. The Council may hold such hearings on a proposal to amend a final development plan and conditional use permit as it may consider necessary; but at least one public hearing shall be held. The Council may consider all factors considered in connection with rezoning the PUD district and issuing the conditional use permit therefor, as well as any other factors relevant to the public health, safety, comfort, aesthetics, economic viability, or general welfare and to the protection of property or improvements in the neighborhood. 3DVAOVd NHOMMUS I..w,rJ WSJ 'aoe rXY•3NNIn a ardaad ma fH ra +• MWINA1 IV SdOHS 3Hl t, p-i E ff -p a Q OJ a , j P l L Y NLO: 3N lYlRV - - t° 'JA nfa'1 LVA7 I° LLI LLJ 4 a IUJ ' i ki I I = 5 r t cc HHH CO I wMt111 /a Tai. gp V1D,r.3NMdl'°73llMJ!!1 3lbN lb SdOHS Hl J1 lii B JAI r-r n-•r -. ns ( j oe e edaeJ$ YIL):'3NN7/1 p'731lNJltl ` 1L 7 3TWINXI ld SdOHS 3Hl 11 a T) 4) 6 M99 M1, 11 CITY Of R10HRELD K«nrum commission Action Roqueit Item: #2 Agenda Section: Public Hearing Case: #96- ACUP -1 Date: March 26, 1996 GENERAL INFORMATION Petitioner: Academy of the Holy Angels Location: 6600 Nicollet Avenue South Type of Request: mended conditional use permit to allow construction of a seasonal sports facility. Zoning: R (single family residential) Land Use: Quasi- public Comp. Plan: Institutional References: (see attached Citations section for excerpts) Zoning Code: Section 521.07, subd. 9 ACTION Proposed Change: Approval of the amended conditional use permit would allow the applicant to construct a seasonal sports facility. Staff Recommendation: Approve the conditional use permit request with stipulations. HISTORY Public Notice: Notice of the Planning Commission's consideration and public hearing was mailed to all property owners within 350 feet of the subject property. Public Hearing: The Planning Commission will conduct a public hearing on March 26, 1996. Hearing Examiner: The Hearing Examiner will review a height variance request on March 26, 1996. City Council: Planning Commission action would set a City Council public hearing date of April 8, 1996. ANALYSIS Proposal• The applicant is requesting an amended conditional use permit to allow the construction of a seasonal sports dome and a surrounding security fence. The applicant is proposing to convert the existing grass athletic field to artificial turf. The turf would be covered by an air supported structure to allow sporting activities during the winter season. The structure would have a height of 60 feet. A 10 foot high fence would surround the structure to prevent unauthorized access. A concessions building will be constructed to the east of the field. Usues• 1. Appearance and Impact on Neighborhood: The principal buildings of the Academy are to the east of the structure and open space is located to the south. The site is bordered to the north and west by public roads which increases the distance to the commercial uses to the north and the single family properties to the west. Existing trees on the site will help screen the structure and will be supplemented with additional trees surrounding the structure. Some existing trees will be removed with the construction. The building is a temporary structure, so the site will remain in its existing condition for the balance of the year. The field will be lit for evening games when the field is uncovered. A lighting plan has been submitted which indicates there will be no spillover from the lights to the residential neighborhood to the west. 2. Temporary Structure: The building is a temporary structure and can only be inflated for a maximum of 180 days, according to building and fire code regulations. 3. Height Variance: The zoning ordinance does not anticipate this type of structure. Because the structure could be up for a maximum of 180 days and will be re- inflated every year, the zoning ordinance is being applied as if the structure were permanent. The maximum allowable height of an accessory building in an R district is 15 feet and the maximum allowable height of a fence is 6 feet. The Hearing Examiner will review the variance requests on March 26 at 6:00 p.m. RECOMMENDATIONS Recommended Action: Preferred: Recommend that the City Council approve the request with the following stipulations: 1. That the City Council approve an amended conditional use permit. 2. That a landscape escrow be submitted. 3. That the City Engineer approve the stormwater management plan. 4. That the Hearing Examiner grant variances for the height of the structure and the security fence. Basis: 1. An athletic field is a necessary component of an educational institution. The proposed sports facility enables the applicant to use the athletic field throughout the year and meet the needs of its students. 2. The distance from neighboring properties, the existing and added landscaping, and the temporary nature of the structure reduces its impact on the neighborhood. Alternative: Recommend that the City Council deny the request with a finding of fact that the proposed use would have an adverse impact on surrounding properties or the City as a whole. ZONING CODE: CITATIONS SECTION 521 - ZONING: RESIDENTIAL DISTRICTS Subd. 9. Public or private elementary and high schools, and other similar learning institutions, provided the following conditions are met: a) pick -up and drop -off areas shall be designed to enhance vehicular and pedestrian safety; b) outdoor recreational facilities designed for group activities shall be set back at least 40 feet from any lot line; c) buffering shall be provided to mitigate noise and adverse visual impacts on adjacent properties; and d) lighted playing fields shall be permitted only upon demonstration that off -site impacts can be substantially mitigated. 9 NICCLLEf AVE. d \00gn \holyangl\ dqn Mer. 2. 1980 11.58141 HOLY ANGELS ATHLETIC FACILITY RICHFIELD , MINNESOTA J N0vrn i A A Otirrpoazrr wurw. .. :.r.x, H EJ 00 m oazrr o 0 o EJ o z m2A Mai w IilI 0 NICOLLET AVE. I man IEmrm-MA. rE11I A Otirrpoazrr wurw. .. :.r.x, H EJ 00m oazrr o 0 o EJ o z m2A Mai w IilI 0 NICOLLET AVE. HOLY ANGELS ATHLETIC FACILITY a i RICHFIELD , MINNESOTA d. \Odgninolpengl \f 9]n Mer. 2. 198to U9 -24'46 Z HOLY ANGELS ATHLETIC FACILITY fill xt" RICHFlELD ,MINNESOTA g a1 or O O rD Z E 0 m V1 N a p c v z O a I I I I I I EJ 58' -0" DZ d. \Odgninolpengl \f 9]n Mer. 2. 198to U9 -24'46 Z HOLY ANGELS ATHLETIC FACILITY fill xt" RICHFlELD ,MINNESOTA g t/1pS3NNIW' 4'131dF1oIH ul d OI 3lHiV S130NV AM lit B£ £0.60 0061 'Z J'' -w n@j9 \16ueAjOgVU5pi Fj E d B 6 7 ! m i l l F EVIMNNIW' Cn9HHOIH kLlliov COUTHiV SI3JNd )IIOH 5 4d 11 M161 'E dell tBrg° s F i i pp CJ i zL LL Q I r., 1 yA fir" RE 7M h a 0 CITY OF R10HRELD P.Rnrom commission Item: #3 Agenda Section: Public Hearing Case: #96 -CUP -3 Date: March 26, 1996 GENERAL INFORMATION Petitioner: Blarney Motors Location: 6529 Penn Avenue South Type of Request: Conditional Use Permit to allow continued use of the property as a used auto sales lot. Zoning: C -2 (general commercial) Land Use: Commercial Comp. Plan: Mixed Land Use References: (see attached Citations section for excerpt) Zoning Code: Section 526.27, subd. 5 ACTION Proposed Change: Approval of the conditional use permit will enable the applicant to continue using the property as a used auto sales lot. Staff Recommendation: Approve the conditional use permit request for an additional three years with stipulations. HISTORY Public Notice: Notice of the Planning Commission's consideration and public hearing was mailed to all property owners within 350 feet of the subject property. Public Hearing: The Planning Commission will conduct a public hearing on March 26, 1996. City Council: Planning Commission action would set a City Council public hearing date of April 8, 1996. ANALYSIS Background: On April 23, 1990, the City Council approved a conditional use permit for 6529 Penn Avenue, stipulating that the permit be considered for renewal in three years. The stipulation was attached to provide the Council an opportunity to assess the impact of the business within and as part of the Penn Avenue and 66th Street Redevelopment Area. In July of 1990, the applicant received a notice of noncompliance but later came into compliance with the permit. In 1993, the conditional use permit was renewed for an additional three years. In 1994, the operator of the car lot changed. The new operator was informed that he needed to comply with the conditions of the conditional use permit. He failed to do so and was twice sent notices of noncompliance. The violations included failure to comply with landscaping and design guidelines for the area and failure to maintain a 22 foot drive aisle width. Copies of the notices are attached. The business moved in the Fall of 1995. The applicant, Blarney Motors, began operating on the site in January of 1996 under the existing conditional use permit. The permit expires on April 23, 1996. Proposal: The applicant is requesting an extension of the conditional use permit to continue operating the site as a used auto sales lot. The applicant is requesting that the permit be granted without a time limit stipulation. Issues: Stormwater Improvements: In 1990, engineering staff requested that the property comply with stormwater management requirements, which involves installing a catch basin and sump pump on the property. The owner argued that the temporary nature of the permit should exempt him from making those kind of capital improvements. The Council agreed with the owner's request. The use has been in operation for six years, which will become nine years if the Council approves staff's recommendation to extend the permit for an additional three years. This length of time makes the use permanent enough to warrant the improvements. RECOMMENDATIONS Recommended Action: Preferred: Recommend that the City Council approve the request for another three year term with the following stipulations: 1. That a 22 foot minimum drive aisle be maintained in the parking area. 2. That landscaping in the front of the property be maintained in compliance with the approved landscape plan and in compliance with PASSS design guidelines. 3. That a maximum of 30 cars be on the site at any one time. 4. That the City Engineer approve a stormwater management plan for the site. Basis: 1. The additional three year term will provide the Council with further oversight given the expected long term redevelopment of the area and given the failure of the previous business to comply with the conditions of the permit. Alternative: Recommend that the City Council deny the request with a finding of fact that the proposed use would have an adverse impact on surrounding properties or the City as a whole. ZONING CODE: CITATIONS SECTION 526 - ZONING: COIVIlVIERCIn DISTRICTS Subd. 11. Auto or boat sales /lease lots, provided the following conditions are met: a) the business shall be licensed under Section 1155 of the City Code; b) the use site shall not abut a lot which is in the R or R -1 District — for the purpose of this subdivision, a lot which merely adjoins the use site at one corner shall not be deemed to abut the use site; c) a buffer yard of not less than 15 feet in width shall be provided to separate all aspects of such use from abutting parcels; d) landscaping for the site, including display areas, shall meet the City of Richfield Landscape Requirements, on file with the Office of Community Development; e) inoperable vehicles shall not be stored on the premises, except in appropriately designed and screened areas as approved by the City; f) parking of vehicles on public right -of -way shall be prohibited; g) all repair, assembly, disassembly, maintenance, and detailing of vehicles shall occur within an enclosed building, except minor maintenance such as tire inflation or adding windshield wiper fluid; and h) any exterior speaker shall comply with the noise control limits set by Section 930 of the City Code. JU I r4lKl • lNg rep D 4li it ull 02 IN co fAvl , :, 5 JU I r4lKl • lNg rep D 4li o R1 z Q inSOo KJ O Cl)W W Q Z Wa 1 z I W cLU / 0.0 m a N0 LO M z= h I N 07 -$ V i I Z z o I L W 0 Tz l a W T r I Z f W I t 1 N Z SQ f- J a Na LIJ Q zN o a a Z J ZD W W CL cn cy, o I L o cD ac IL N I 91- sz- ova. W 3- 3 Ld i Zn it p I • h S i, N vozc%ljjq VL r P t a . 1p 4 An n/- N ° N i s 1 N 1 v. I. D• LL LL Q Z Z LL a D) n J x N J Community Development C(DFY 6700 Portland Avenue 9 Richfield, Minnesota 55423 -2599 City Manager Mayor Council James D. Prosser Martin Kirsch Don Priebe Michael Sandahl Susan Rosenberg Russ Sus99 NOTICE OF VIOLATION June 22, 1995 Via Certified Mail Harold Chevrolet Inc. DBA Jim Lupient's Bargain Lot 6529 Penn Avenue South Richfield, MN 55423 Jim Lupient 601 Lakeshore Parkway, Suite 1500 Minnetonka, MN 55305 Bill Ward 13023 Everest Avenue Apple Valley, MN 55124 Ray M. Tharp 3727 Hilltop Road Minnetonka, MN 55305 SUWECT: Violation of Conditional Use Permit at Jim Lupient's Bargain Used Cars, 6529 Penn Avenue South Dear Gentlemen: li This letter is to notify you that you are operating Jim Lupient's Bargain Used Cars, 6529 Penn Avenue South, in violation of the temporary conditional use permit granted by the City Council in 1990, and renewed for an additional three year term in 1993. Enclosed is a copy of City Council I Letter #115, City Council minutes of 4/23/90 (Item #7), the conditional use permit, and the previous Notice of Violation dated May 5, 1994, for your review. The following is a list of violations and actions to be taken by you: I 1) The conditional use permit was granted with a stipulation (#1) that two handicapped I parking spaces be striped and signed and the building made accessible to handicapped persons. While two p::rking spaces are now striped for handicapped uses, the spaces are The Urban Hometown Telephone 2) 861 -9760 • Fax (612)1861-9749 General City Matters: 861 -9700 c An Equal Opportunity Employer Harold Chevrolet Inc. DBA Tim Lupient's Bargain Lot, et. al. June 22, 1995 Page 2 used by cars without the appropriate handicapped markings. Action to be taken by you within 12 days: Discontinue use of the handicapped parking spaces by non - handicapped marked vehicles. 2) The conditional use permit was granted with a stipulation ( #3) that a 22 foot minimum drive aisle be maintained in the parking area. This eliminated the row of parking behind the building and requires access to the fire lane. The drive aisles are currently less than the required 22 feet because of the parking arrangement. (Note: the original conditional use permit application indicates that no more than 30 cars would be on the site at any one time. Over 50 cars are currently parked on the site with no open spaces for customers.) Action to be taken by you within 12 days: Move vehicles to provide the required 22 foot wide drive aisles in the parking area. 3) The conditional use permit was granted with a stipulation (94) that landscaping and on -site improvements comply with PASSS design guidelines. The current landscaping does not conform with the approved landscape plan. The required 5 foot by 27 foot planter in the front of the building must be maintained. This planter is to contain sod, flowers, and shrubs. Flowers are also to be planted on the northwest and southwest corners of the site. Vehicles are currently parked on the required landscape/buffer yard along the east property line. Action to be taken by you within 12 days: Move all vehicles off required landscape/buffer yard. Action to be taken by you within 30 days: Bring the landscaping into compliance with the approved landscape plan. If the items marked "Action to be taken by you within 12 days" are not corrected within the 12 day time period, I will request that the City Council revoke the conditional use permit for auto sales at this location. Failure to comply with the approved landscape plan within 30 days will result in my recommending that the City Council revoke the conditional use permit. Director BJW:ju Enclosures J May 5, 1994 copyr 6700 Portland Avenue • Richfield, Minnesota 55423 -2599 City Manager Mayor Council James D. Prosser Martin Kirsch Don Priebe Michael Sandahl Susan Rosenberg Russ Susag NOTICE OF VIOLATION Via Cerafiied Mail Harold Chevrolet Inc DBA Jim Lupient's Bargain Lot 6529 Penn Avenue South Richfield, MN 55423 Jim Lupient 601 Lakeshore Parkway, Suite 1500 Minnetonka, MN 55305 Bill Ward 13023 Everest Avenue Apple Valley, MN 55124 Page 1 of 3 Ray M. Tharp 3727 Hilltop Road Minnetonka, MN 55305 SUBJECT: Violation of Conditional Use Permit at Jim Lupient's Bargain Used Cars, 6529 Penn Avenue South Gentlemen: This letter is to notify you that you are operating Jim Lupient's Bargain Used Cars, 6529 Penn Avenue South, in violation of the temporary conditional use permit granted by the City Council in 1990, and renewed for an additional three year term in 1993. Enclosed is a copy of City Council Letter #115; City Council minutes of 4/23/90 (Item 7); and the conditional use permit for your review. The following is a list of violations and actions to be taken by you: The Urban Hometown Telephone (612) 861 -9700 Fax 861 -9749 An Equal Opportunity Employer Harold Chevrolet Inc DBA Jim Lupient's Bargain Lot, et al. May 5,1994 Page 2 of 3 1) The conditional use permit was granted with a stipulation (#I) that two handicapped parking spaces be striped and signed and the building made accessible to handicapped persons. There is currently one handicapped parking space on the site. Action to be taken by you within ten days: Provide one more handicapped parking space with appropriate striping and signage. 2) The conditional use permit was granted with a stipulation (#2) that all signage be approved by City staff and comply with PASSS design guidelines. The pedestal sign along Penn Avenue is currently covered with a canvas sign cover. The sign cover does not conform with the sign ordinance. Action to be taken by you within ten days: Remove the sign cover. 3) The conditional use permit was granted with a stipulation (#3) that a 22 foot minimum drive aisle be maintained in the parking area. This eliminated the row of parking behind the building. The drive aisles are currently less than the required 22 feet because of the parking arrangement. Action to be taken by you within ten frays: Move vehicles to provide the required 22 foot wide drive aisles in the parking area. 4) The conditional use permit was granted with a stipulation (1/4) that landscaping and on -site improvements comply with PASSS design guidelines. The current landscaping does not conform with the approved landscape plan. The required five foot by 27 foot planter in the front of the building must be maintained. This planter is to contain sod, flowers, and shrubs. Flowers are also to be planted on the northwest and southwest corners of the site. Vehicles are currently parked on the required landscape /buffer yard along the east property line and in landscape area in front of the building. In addition, vehicles are parked over the curb along the north and south property lines. Action to be taken by you within ten days: Move all vehicles off the areas reserved for landscaping and off the curbs. [See Page 3, paragraph 2 of this letter regarding the time allowed to make the required landscape improvements]. 5) Vehicles are currently parked in the area between Cousins Subs and Taco Bell. Parking is not permitted in this area. Action to be taken by you within ten days: Remove these vehicles. 6) The garbage dumpster is currently located behind the building. All garbage and dumpsters are to be contained in the dumpster building. Action to be taken by you within ten days: Move the dumpster into the dumpster building. Harold Chevrolet Inc DBA Jim Lupient's Bargain Lot, et al. May 5, 1994 Page 3 of 3 If the items marked "Action to be taken by you within ten days" are not corrected within the ten day time period, I will request that the City Council revoke the conditional use permit for auto sales at this location. The landscaping must be brought into compliance with the approved landscape plan within 30 days. In addition, any trees, shrubs, or sod damaged as a result of parking vehicles on the areas reserved for landscaping must also be repaired within 30 days. Failure to comply with the approved landscape plan within 30 days will result in my recommending that the City Council revoke the conditional use permit. Sincerely, CITY o JI -er— Commul BJW : sd Enclosures Director City of Richfield ' 6700 Portland Avenue • Minnesota 55423 -2599 City Manager Mayor Council James D. Prosser Steve Ouam Edwina Garcia Ivan Cudeman Martin Kirsch Michael Sandahl July 17, 1990 Penn Avenue Motors Inc. 6529 Penn Avenue South Richfield,'MN. 55423 Attn: Kevin Tharp Dear Mr. Tharp: This letter is to notify you that you are to cease operating immediately as a motor vehicle dealer until the following items have been resolved: 1) Two (2) handicapped parking spaces must be striped and signed and the building must be made accessible to handicapped persons. 2) All signage must be approved by City staff and must comply with PASSS design guidelines. 3) A 22 foot minimum drive aisle must be maintained in the parking area. 4) Landscaping and on -site improvements must comply with PASSS design guidelines. 5) The building must be upgraded to meet all applicable building and fire code requirements. Permits are required for any work done and must be obtained through the Inspections division. 6) Although an application for a motor vehicle dealers license has been received, you may not operate as a dealer until that license has been approved by the City Council. Your application request will be forwarded to the City Council after the above- stipulations have been complied with. You will recall that items 1 -5 were stipulations attached by the City Council to your request for a conditional use permit. This conditional use permit was approved by the City Council on April 23, 1990 subject to the stipulations being completed. Telephone Number General City Matters:(612) 861 9700 Public Safety Non- emergency(24hr)(612) 861 9800 POLICE/ FIRE /EMERGENCY: DIAL9 1 1 Penn Avenue Motors Inc. July 17, 1990 Page Two You may contact the Community Development division if you have questions or need clarification on items 1 -4. Item 5 questions should be addressed to the Building Official, Sivert Hendrickson. I am able to respond to any questions you may have regarding the motor vehicle dealers license and can be reached at 861 -9881. Sincerely, Betsy Christensen Business Licensing Manager Richfield Public Safety Department bac:ttf cc: Jim Prosser, City Manager Jack Erskine, Public Safety Director Community Development Inspections CIP97.XLS) REVISED 3121198 1997 CAPITAL IMPROVEMENT BUDGET PRELIMINARY DRAFT ONLY PROJECT EXPENDITURES RECREATION & OPEN SPACE Park Land Acquisition 35,000 R Sheridan Park 400,000 R Wood Lake Dredging 100,000 U MN Dot 275,000 S Wood Lake Bridges/Docks 90,000 R Wood Lake Furnace /Air Conditioning 34,000 R Community Center Carpet 16,000 R Golf Course Picnic/Pay. /1st Tee 71,000 U Ice Arena Concession Stand 37,000 U Ice Arena Lockerrooms 100,000 R MSA 50,000 S TOTAL RECREATION & OPEN SPACE 1,208,000 RIGHT OF WAY IMPROVEMENTS 1- 4941CTM $1,504,016 194,000 S City Maintenance Facility 45,000 C E) City of Edina 30,000 B 1,612,016 15,000 E P) Sale of Property 1,200,016 D City Hall Air Conditioning 20,000 MSA 76th Street West of 1 -35W(& Lyndale) 843,000 MSA 76th Street West of 1 -35W 1,400,000 MSA Traffic Signal: 77th & Emerson 120,000 SA Street Lighting Reconstruction 111,670 T TOTAL RIGHT OF WAY IMPROVEMENTS 3,978,686 PUBLIC FACILITIES 120,000 B) City of Bloomington City Maintenance Facility 2,758,000 U E) City of Edina 412,000 D 1,612,016 103,000 MSA P) Sale of Property 1,500,000 P City Hall Air Conditioning 17,000 R Grant Program 50,000 U Slipline Wastewater Pipes 200,000 U TOTAL PUBLIC FACILITIES 5,040,000 ESTIMATED REVENUE BY SOURCE A) Special Assessment 120,000 B) City of Bloomington 30,000 C) Hennepin County 45,000 E) City of Edina 15,000 D) Federal Demonstration Funds 1,612,016 M) Municipal State Aid 2,366,000 P) Sale of Property 1,500,000 R) Special Revenue 692,000 S) State Grant 519,000 T) Transfer from General Fund 111,670 U) User Fees 3,216,000 TOTAL FUNDING BY SOURCE 10,226,686 It U) lr ui U. 0 0 I II OI Z 0 LL Z uj C. 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