HomeMy WebLinkAbout01. 14-40
JANUARY 28, 2014 14-40 ORDINANCE
FIRST READING
(CARRIED__7-0______LOST_______LAID OVER________WITHDRAWN________)
PURPOSE: APPROVE AMENDMENT TO CITY OF OSHKOSH COMPREHENSIVE
PLAN LAND USE MAPS CHANGING THE LAND USE DESIGNATION
OF PROPERTY AT 2490 JACKSON STREET FROM COMMERCIAL
TO RESIDENTIAL
INITIATED BY: HERMAN & KITTLE PROPERTIES INC., PETITIONER
PLAN COMMISSION RECOMMENDATION: Approved
AN ORDINANCE TO AMEND THE COMPREHENSIVE PLAN OF THE CITY OF
OSHKOSH, WISCONSIN
The Common Council of the City of Oshkosh, Wisconsin, do ordain as follows:
SECTION 1. Herman & Kittle Properties Inc., petitioners, request a map amendment
to the City of Oshkosh 10 Year and 20 Year Comprehensive Plan Land Use maps from a
commercial land use designation to a residential land use designation for property located
at 2490 Jackson Street, City of Oshkosh, Winnebago County, Wisconsin.
SECTION 2. The Plan Commission recommended approval of said amendment.
SECTION 3. The City has held a public hearing on this Ordinance, in compliance
with the requirements of Section 66.1001(4)(d), Wisconsin Statutes.
SECTION 4. The Common Council of the City of Oshkosh hereby approves
amending the Comprehensive Plan Land Use Maps changing the land use designation on
the property at 2490 Jackson Street from commercial to residential.
SECTION 5. This Ordinance shall take effect upon passage by a majority vote of the
members elect of the Common Council and publication as required by law.
SECTION 6. Publication Notice. Please take notice that the City of Oshkosh
enacted Ordinance #14-XX APPROVE AMENDMENT TO CITY OF OSHKOSH
COMPREHENSIVE PLAN LAND USE MAPS CHANGING THE LAND USE DESIGNATION
OF PROPERTY AT 2490 JACKSON STREET FROM COMMERCIAL TO RESIDENTIAL on
January 28, 2014. The full text of the Ordinance may be obtained at the Office of the City
Clerk, 215 Church Ave. and on the City's website at www.ci.oshkosh.wi.us. Clerk's phone:
(920) 236-5011.
HERMAN 6z KITTLE
PROPERTIES, INC.
Real Estate Development . General Contracting • Property 1Nanagement
January 7, 2014
Mayor Burk Tower
City of Oshkosh
215 Church Avenue, PO Box 1130
Oshkosh, Wisconsin, 54903 -1130
RE: Waiver of 2"d Reading Request — Comprehensive Plan Land -Use Amendment -- 2490 Jackson St,
Dear Mayor Tower:
I am writing to request a waiver of the second reading for the Comprehensive Plan Land -Use Amendment
for the property at 2490 Jackson Street. My company is proposing a 54 -unit development for veterans
housing on the subject parcel that requires an amendment to the Comprehensive Plan Land -Use Map.
In order to develop the project, we will need to apply for tax credits which are allocated by the Wisconsin
Housing and Economic Development Authority (WHEDA), Tax credits are competitive and can only be
applied for one time per year — the deadline for application is January 31, 2014. This development has a
very good chance of receiving an award of tax credits this year based on the selection criteria that
WHEDA has chosen; however, the program changes every year and this project may not have an
opportunity next year.
In order to apply for the credits, the zoning process for the project needs to be complete. I understand
that the amendment to the Comprehensive Plan is part of that process and hence, we respectfully
request that the second reading for the amendment to the Comprehensive Plan be waived so that all
necessary City approvals for the project (zone change, Comprehensive Plan Amendment and Planned
Development approval) can be completed at the January 28, 2014 Common Council meeting and the
application for the tax credits can be submitted to WHEDA before the January 31, 2014 deadline.
Should you have any questions, please feel free to contact me at 317 -964 -1928 or
kpeterson @hermankittle.com.
Thank you,
K J. Peterson
500 East 96 "' Street, Suite 300 Indianapolis, IN 46240 317.846,3111 hermankittle.com
O.fHKOfH
ON CWAIER
TO: Honorable Mayor and Members of the Common Council
FROM. Darryn Burich
Director of Planning Services r,
DATE: January 23, 2014
RE: Approve Amendment to City of Oshkosh Comprehensive Land Use Plan Maps
Changing the Land Use Designation of Property at 2490 Jackson Street From
Commercial to Residential (Plan Commission recommends approval)
BACKGROUND
The subject property is a 3.40 acre parcel of land located along the east side of Jackson Street
approximately 275 feet north of Bacon Avenue and is surrounded on the north, south and west by the
Town of Oshkosh. The subject area is bordered on the north and south by low density residential and
agricultural use, west across Jackson Street by commercial retail and service and east by multiple -
family residential. The owner is proposing to develop the parcel for multiple - family residential use.
The Comprehensive Plan has designated this area as suitable for commercial development and
introducing residential uses onto this lot is not consistent with the Comprehensive Plan's Land -Use
recommendation so an amendment to the land use plan is being requested to permit residential land
use.
ANALYSIS
In March of 2005, the City adopted an updated 2005 -2025 Comprehensive Plan refining the 20 -year
and 10 -year recommended land use maps. These maps are intended to be used as a general
reference tool for determining appropriate future land use and growth patterns and sections of the
Comprehensive Plan need to be updated or revised periodically to conform to changes in land use
patterns or to accommodate requests that reflect more modern development trends. A commercial
designation was placed on the Jackson Street corridor with the anticipation of it developing into higher
intensity uses. The Plan Commission conducted a workshop recently to discuss the viability of a
multiple - family land use on the parcel and it was determined that the residential and commercial uses
could exist harmoniously in this area and the Plan Commission was comfortable supporting residential
uses within,it on a case by case basis. The proposed change will allow development of a multiple -
family apartment community which is consistent with the land use pattern on the east side and future
development of storm water management facilities to the south, east and north of the subject site
prohibit the consolidation of parcels for a large scale commercial development.
FISCAL IMPACT
None anticipated.
RECOMMENDATION
The Plan Commission approved of this request at its December 17, 2013 meeting.
Approved,
City Manager
ITEM: COMPREHENSIVE LAND USE PLAN MAP AMENDMENT FOR PROPERTY
LOCATED AT 2490 JACKSON STREET
Plan Commission meeting of December 17, 2013
GENERAL INFORMATION
Applicant: Herman & Kittle Properties, Inc.
Owner: Andrew B. Ujazdowski
Action(s) Requested:
The applicant is requesting an amendment to the Recommended Land Use Map in the Comprehensive
Plan. The subject property is designated for commercial use; the applicant is requesting a change to a
residential land use designation.
Property Location and Background Information:
The subject property is a 3.45 acre parcel located along the east side of Jackson Street approximately
275 feet north of Bacon Avenue and is surrounded on the north, south and west by the Town of
Oshkosh. The subject area is bordered on the north and south by low density residential and
agricultural use, west across Jackson Street by commercial retail and service and east by multiple-
family residential.
The owner is proposing to develop the parcel for multiple- family residential use. The Comprehensive
Plan has designated this area suitable for commercial development and introducing residential uses
onto this lot is not consistent with the Comprehensive Plan's Land -Use recommendation.
Subject Site
Existing Land Use - Zoning
-Single-Family Residential and Contractor Yard M -3
Adjacent Land Use and zoning
Existin Uses Zoning
Town of Oshkosh Zoning
North Single Family Residential and Agricultural
Single and Two - Family Residential and Town of Oshkosh Zoning
South Agricultural
R -3
East Multiple- Family Residential
Commercial Retail and Service C -2
West (across Jackson Street)
Comprehensive Plan Land Use Recommendation
Land Use
10 Year Land Use Recommendation
Commercial
20 Year Land Use Recommendation
Commercial
ANALYSIS
In March of 2005, the City adopted the 2005 -2025 Comprehensive Plan, an update to the previous plan
from 1993. Part of the update entailed refining the 20 -Year Recommended Land Use Map and the
creation of a 10 -Year Land Use Map. The Land Use section of the plan states that, the maps are used
to give the community a better idea of how land in the city will be used in the fixture. The future land
use maps were created using a variety of resources. These resources include the existing land use map
and special area plans, aerial photography, land use maps of adjoining communities, soils and
environmentally sensitive areas map (which help to understand development limitations), utility and
facility service area maps, and existing and future transportation corridors. The maps show the
general location and type of land uses within the city and on the city's periphery. The maps are to be
used as a basis for making general land use decisions relative to the City's land use control
regulations. Land use designations will be evaluated in terms of their consistency with these maps and
other applicable elements of this Plan and all other applicable Ordinances.
The land use maps are intended to be used as a general reference tool for determining appropriate
future land use and growth patterns. When creating these maps, recommended uses were determined
on a broader scale rather than a parcel by parcel basis. Staff realizes that sections of the
Comprehensive Plan, including mapping portions, need to be updated or revised periodically to
conform to changes in land use patterns, or in this case, to accommodate requests that reflect more
modern development trends. Looking at the 10 and 20 year Land Use Maps, a commercial designation
was placed on the subject site based on the desire to see the Jackson Street corridor develop with
higher intensity use and development.
On October 15, 2013, the Plan Commission conducted a workshop to discuss the viability of a
multiple- family land -use on the parcel and along the Jackson Street corridor in general. Discussion
took place regarding the compatibility of residential and commercial uses coexisting along Jackson
Street and it was determined that the two Iand -uses could exist harmoniously. Additionally, discussion
on the practice of allowing a mix of uses within areas historically designated for only a single type of
land -use generated consensus that it is not realistic to expect a Euclidean style development pattern
along such a long stretch of roadway, especially considering the mixed residential and commercial
retail and service elements of existing uses and that the Plan Commission was comfortable supporting
residential uses within it on a case by case basis.
Upon review of a request to rezone the property for an apartment community, staff supports changing
the projected land use from commercial to residential. The proposed change will allow development
of a multiple- family apartment community which is consistent with the land use pattern in the area,
particularly on the east side. Additionally, the future development of area wide storm water
management facilities to the south, east and north of the subject property prohibit the consolidation of
parcels for large scale commercial development that might otherwise take place in other areas of the
Jackson Street corridor. Taking these factors into account, staff believes this map change request is
warranted.
RECOMMENDATION /CONDITIONS
Staff recommends approving the amendment to the Comprehensive Land Use Map as requested.
The Plan Commission approved of the Comprehensive Land Use Map amendment as requested. The
following is the Plan Commission's discussion on this item.
Item —2190 Jackson_ Comp Land Use Map Anidmi
Mr. Buck presented the items and reviewed the site and surrounding area as well as the zoning
classifications and land use in said area. He reviewed the site as it currently exists and discussed the
storm water management plans for several of the properties in the vicinity of the subject site. He also
reviewed the 10 and 20 year Comprehensive Plan Land Use Map for the area and for the overall city.
He discussed revisions to the Comprehensive Plan and why they are necessary and explained the
reasoning why most of the area along Jackson Street was mapped for commercial uses. He discussed
the workshop that the PIan Commission had in October to discuss this development and the potential to
request a land use amendment and zone change for the site. He reviewed the site plan for the proposed
residential structure and reviewed renderings of other developments constructed by the same developer
in other communities.
Ms. Lohry questioned if there was industrial use on the site in the past, if the site could possibly be
contaminated.
Mr. Buck responded negatively and stated that the site had already been cleared as far as
contamination and that it appeared to currently be used as a contractor's yard.
Mr. Thoms inquired if this proposed development would have any impact on the storm water detention
plans for the surrounding sites.
Steve Gohde, Assistant Director of Public Works, replied that the City was not planning to acquire any
portions of this site so the development should not impact any of the storm water management plans
the City had for the other parcels.
Mr. Thoms then inquired if the development would hinder the City's ability to construct the detention
basins.
Mr. Gohde responded that the City's plans were for a large swale style pond in one area with a dry
basin to the south and a wet basin to the north but the development would not create any issues with
the storm water detention plans.
Kyle Peterson, representing Herman & Kittle Properties, 112 E. North Avenue, Lake Bluff, Illinois,
stated that he was present for the workshop in October with the Plan Commission. He further stated
that the proposed development was for housing veterans which was defined as any individual who was
honorably discharged from military service. He further commented that the renderings displayed
earlier in the presentation by staff were developed in New Richmond and this proposed apartment
development would be the same style of product but would be three stories rather than four.
Ms. Lohry questioned how many bedrooms the units were proposed to have.
Mr. Peterson responded that the units were planned for both individuals and families and would be
constructed with one to four bedroom units.
Mr. Thoms commented that this type of project is something he usually would be supportive of as he
feels it addresses the needs of veterans and the mixed use in the Jackson Street corridor is also
something he finds favorable,
Motion by Thoms to approve the Comprehensive Land Use Map amendment and a zone change
from M -3 General Industrial District to R -3 Multiple Dwelling Distract for property located at
2490 Jackson Street.
Item —2490 Jackson_ Camp Land Use Map Anidmt
Mr. Hinz commented that he is a veteran himself and is happy to see this type of development and
would also be supportive of the proposal.
Seconded by Hinz.
Mr. Buck stated that David Borsuk could not be present today but wanted his comments shared with
the Commission. Mr. Buck read email correspondence from Mr. Borsuk stating that he was opposed
to both the land use amendment and zone change as he felt the Commission should hold off on any
approvals for development in this area until a Jackson Street corridor plan was developed and the
zoning ordinance re -write was complete.
Mr. Bowen commented that he also supports projects that benefit veterans however he has an issue
with this very specific site plan and concept and felt that it was spot zoning a parcel in an important
commercial corridor for residential use. He also commented about the City's current zoning code
ordinance and its lack of ability to address architectural design standards and although the City is
currently undergoing a re -write of this ordinance to address this, it is not complete at this time. He
further commented about the Family Dollar development recently completed on Jackson Street and the
unattractive structure as it was located in an area of straight commercial zoning which required no
input from the Plan Commission on design. He felt that a change to R -3 zoning without a planned
development overlay would allow for this project to move forward without any review from the Plan
Commission on design standards or the site plan layout. He felt that the safest thing to do in this case
would be to change the zoning classification to R3 -PD rather than just R -3 as the planned development
overlay would give the City more control on the review and approval of the development prior to it
moving forward. He further commented that he did not have issues with the proposed development
but the zoning ordinance as it currently exists is blind to architectural design and he would like
assurance that what is presented is what is going to be developed on the site.
Mr. Thorns stated that the R -3 zoning district allows multiple dwelling units without review in other
areas of the city regardless of the proposed plans providing the zoning district is consistent with the use
and he felt it would be over burdensome to expect this developer to have his project approved through
the Plan Commission and Common Council when it is not required for other developments.
Mr. Bowen indicated that he felt those circumstances were different as the property was zoned R -3 at
the time the developer purchased it and they were well aware of what could be done with it. In this
case, the developer is requesting a change in the zoning designation from M -3 to R -3 to allow the
development and there are no assurances of what will end up on the site.
Mr. Thorns also commented that he did not feel it was spot zoning the parcel as there were parcels with
R -3 zoning designations right behind this site and he felt the M -3 zoning classification was
inappropriate for the property. He added that he would not have an issue with adding a planned
development overlay to the zoning classification proposed.
Mr. Bowen stated that he is trying to deal with the reality of the City's zoning ordinance code which
does not address design standards and once the zoning is changed to R -3, the City will have no control
over the development and he felt the City has to protect itself. He also had concerns if the project did
not reach the stage of development, it would leave the property with a straight R -3 zoning
classification that would allow another multiple- family housing project on the site without any
requirements for approval of the design of the development.
Item —2490 Jackson_ Comp Land Use Map Aind+nt I
Mr. Hinz commented that it was discussed at the workshop in October and the development plans were
reviewed at that time however he agreed that the new zoning code re -write will rectify some of the
issues the City is currently dealing with as far as design standards on property without a planned
development overlay.
Mr. Burich agreed that architectural design standards have been an issue in the community and
hopefully the zoning code re -write will address the concerns. He further stated that this was a tax
credit project and questioned Mr. Peterson regarding if this land use amendment and zone change were
approved, if he was 100% sure that the project would be developed.
Mr. Peterson responded that he was fairly confident about the project however since it was depending
on tax credits; there was a chance that it could not get the necessary funding as there were no
guarantees that their application would be approved.
Mr. Bowen questioned when the deadline was for the tax credit submission.
Mr. Peterson responded that the deadline was January 31, 2014.
Mr. Bowen commented that the planned development could be processed on a fast track and still leave
the developer adequate time to meet this deadline.
Ms. Lohry stated that she liked the proposed project and was supportive of it but would also support
adding the planned development overlay to the zone change to allow for further review.
Mr. Thorns inquired if the planned development overlay is placed on the zoning classification, how it
affects the tax credit status of the project.
Mr. Peterson replied that as long as the R -3 zoning designation is in place, the project could move
forward with the application; however he was not 100% sure if it would be looked at less favorably
and the planned development overlay would require another necessary approval before the
development could move forward.
Mr. Thorns questioned how much of the design plans would have to be completed for the tax credit
application to be submitted.
Mr. Peterson responded that the site plan and general concepts for the development had to be complete
for the application.
Mr. Thorns suggested that if the developer worked with the planning staff on the details of the project,
it should lessen the amount of issues that the Plan Commission may have with approval of the project
as a planned development.
Mr. Buck commented that due to the timing for the Plan Commission meetings, the planned
development could go to both the Plan Commission and Common Council in January and still be
completed in time for the application deadline.
Mr. Thorns stated that with the change to R -3PD zoning classification, the conceptual designs could
still be prepared for the application and the design criteria would be the only thing the Plan
Commission would need to review to allow it to be forwarded to the Common Council for approval.
Vern 2490 Jackson Conip Land Use Map Anidnit
Mr. Buck indicated that staff would try to run the planned development, the zone change, and the
Comprehensive Plan land use revision all at the same Common Council meeting.
Mr. Burich added that the other option would be to ask the Common Council to approve the zone
change now without the planned development overlay and it could be added at a later date or add the
planned development overlay to the zoning now and review the planned development at the January
21" Plan Commission meeting which would go to the Common Council on January 28'h. This would
still allow the developer time to submit his application for the tax credits prior to the January 31St
deadline.
Mr. Peterson questioned what the probability was of the Common Council either tabling the request or
laying it over at the January 28'h meeting.
Mr. Burich responded that it should not be an issue.
Mr. Thorns stated that he would amend his motion for approval of the zone change to include a
planned development overlay.
Motion by Thoms to approve the Comprehensive Land Use Map amendment and a zone change
from M -3 General Industrial District to R -3PD Multiple Dwelling District with a planned
development overlay for property located at 2990 Jackson Street.
Seconded by Hinz. Motion carried 5-0.
Mr. Burich commented that the planned development would come back to the Plan Commission on
January 21St for review for this project.
Llenr 2490 Jackson_ Comp Land Use Map Anidnd to
0.
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ON THE WATER
APPLICANT INFORMATION
City of Oshkosh
General Application
"PLEASE TYPE OR PRINT USING BLACK INK **
Petitioner: Herman & Kittle Properties, Inc.
Petitioner's Address: 112 E. North Avenue
Telephone #: (317) 964 -1928
Status of Petitioner (Please Check):
Petitioner's Signature (required):
city: Lake Bluff
SUBMIT TO:
Dept, of Community Development
215 Church Ave., P.O. Box 1130
Oshkosh, WI 54901
PHONE: (920) 236.5059
Date: 11/22/13
State: IL zip: 60044
Fax: ( 317) 428 -1925 Other Contact # or Email: kpeterson @hermankittle.com
QTenant Z Prospective Buyer
Date: J
Owner(s): v{S
Owner(s) Address:P L-K City: ,[ State: Zp
Telephone #F:� -� - K ax: ( } Other Contact# or Email:
Ownership Status (Please Check):g ndividual ®Trust []Partnership QCoiporation
Property Owner Consent: (required)
By signature hereon, I/We acknowledge that City officials and/or employees may, in the performance of their functions, enter upon the
property to inspect or gather other information necessary to process this application.- I also understand that all meeting dates are tentative
and may be postponed by the Planning Services Divisiong fo7incomplete submission"- other administrative reasons.
Property Owner's Signature: r Date:
TYPE OF REQUEST:
Access Control Variance
Easement
Privilege in Street (identify)
Other (identify) Amendment to the Comprehensive Plan
SITE INFORIIIATION
Address/Location of Proposed Project: 2490 Jackson Street Oshkosh, Wl 54901
Proposed Project Type: Multifamily
Current Use of Property: Commercial rental property Zonin g: M-3
Land Uses Surrounding Your Site: North: Residential
South: Vacant Land /Commercial and Multifamily Residential
Fast: Multifamil
West: Jackson Street/Commerical
➢ Application fees are due at time of submittal. Make check payable to City of Oshkosh.
9 Please refer to the fee schedule for appropriate fee. FEE IS NON- REFUNTDABL,1
For more information please visit the City's website atwww.ci.oshkosh.wi.us/ Community _Development /Planning.h(m
Staff Date Rec'd J), .)3
I
REZONE /LAND USE AMENDMENT
2490 JACKSON ST
PC: 12-- 17--13
CAPITAL CREDIT UNION
1010 PROSPECT ST -
KIMBERLY WI 54136 1625
LAVERNE KOMOROWSKI
3952 APPLE LN
OSHKOSH WI 54902
HERMAN & KITTLE PROPERTIES
KYLE PETERSON
112 E NORTH AV
LAKE BLUFF IL 60044
THOMAS A WRIGHT /SHANNON ANDREW B UJAZDOWSKI
FINGER 318 12TH ST
19105 W CAPITOL DR STE 200 NEENAH WI 54956 2821
BROOKFIELD WI 53045 2708
BOBS RAIL REAL ESTATE LLC
5711 GREEN VALLEY RD
OSHKOSH WI 54904 9700
JAMES WILLIAMS
2447 JACKSON ST
OSHKOSH WI 54901
LOIS LUEBKE MARITAL TRST
870 HONEY CREEK RD
OSHKOSH WI 54904
SAINT VINCENT DE PAUL
SOCIETY OF OSHKOSH
2551 JACKSON ST
OSHKOSH WI 54901 1509
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