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HomeMy WebLinkAboutCSD-12-140 - Modification to Proposed Zoning By-lawStaff Report ~IT[;HF.Iti`~;R Communrty5erviresDepartment www.kitchenerca REPORT TO: DATE OF MEETING: SUBMITTED BY: PREPARED BY: WARD(S) INVOLVED: DATE OF REPORT: REPORT NO.: SUBJECT: RECOMMENDATION: Mayor Zehr and Members of City Council October 1, 2012 Alain Pinard, Director of Planning Natalie Goss, Senior Planner - 519-741-3400 ext. 3176 Sarah Coutu, Policy Analyst (Planning) - 519-741-3400 ext. 3154 Ward 1 September 27, 2012 CSD-12-140 MODIFICATION TO PROPOSED ZONING BY-LAW That the recommendation of the Planning and Strategic Initiatives Committee from its meeting held September 24, 2012 regarding Lancaster Street West Mixed Use Corridor, be amended to read as follows: That City-initiated Zone Change ZC/09/09/COK/HH being an amendment to Schedules 125 and 126 of Appendix A, sections 10, 11, 14, 190, 200, 320, 401 and, 421 of Appendix C, sections 1, 619, 620, 621, 622, 623, 624 and, 625 of Appendix D and section 65 of Appendix F of By-law Number 85-1 as they pertain to the Lancaster Street West Mixed Use Corridor for the purpose of changing the zoning from various zone classifications to Mixed-Use Corridor MU-1 and MU-2 zones with and without site-specific special provisions applying to these lands, be approved, in the form shown in the "Proposed By-Law" dated August 16, 2012 attached as Appendix "A" to Community Services Department report CSD-12-117, with the exception of 526 Lancaster Street West which shall be deferred to January 2013 to allow staff and the developer the opportunity to continue discussions and; with amendment to the following wording of Section 32, Special Regulation 623R; a) By adding "5.6.3 and" after "Section" and before "54.2", and; b) By adding "b) Architectural features shall be permitted to project 1.2 metres into the front yard setback". BACKGROUND: Staff report CSD-12-117 was presented to the Planning and Strategic Initiatives Committee (PSI) on Monday, September 24, 2012 and approved for Council consideration with one modification to a site specific provision for the lands municipally addressed as 580-582 Lancaster Street West to address a potential roof line encroachment issue. REPORT: Further to the information provided in staff report CSD-12-117 this report provides clarification on the status of the active site plan application filed by MHBC Planning on behalf of their client for 526 Lancaster Street West with respect to the existing and proposed zoning of the site. As outlined in staff report CSD-12-117, in March 2012 the City received an application for site plan for the above-mentioned property to permit a single storey restaurant with associated double lane drive-through fronting on Lancaster Street West and a second building proposed to front on Riverbend Drive containing commercial and office uses. This application proceeded to the City's Site Plan Review Committee in April 2012 and there are a number of issues related to site circulation and compliance with the C-6 zone and the City's urban design guidelines that need to be addressed. Staff have been working with the applicant to resolve these outstanding issues. On Friday, September 21, 2012 Planning staff received revised site plans and elevations together with a letter providing comments on the Lancaster Street West Mixed Use Corridor zone change from MHBC Planning. This letter was provided to the PSI Committee at their meeting on September 24, 2012. Given the timing of receipt of the revised site plans and the number of issues outlined above, additional time is needed by staff to review the revised site plans and further work with the applicant on this matter. Rezoning of this site to MU-2 at this time would further frustrate this active site plan application. Given the above, staff is recommending that the rezoning of 526 Lancaster Street West to MU-2 be deferred until January 2013 to allow staff and the applicant the opportunity to continue discussions. The applicant's consultant is supportive of this approach. The attached Zoning By-law dated September 26, 2012 is the same as the Zoning By-law dated August 16, 2012 that was attached to Report CSD-12-117 and presented to the Planning and Strategic Initiatives Committee on Monday, September 24, 2012 except that it has been modified to reflect the recommendation of the PSI Committee from September 24th 2012 to amend Special Regulation 623R to include a permitted projection of 1.2 metres into the front yard setback for architectural features for the property municipally known as 580-582 Lancaster Street West. Further, it has been modified to retain the existing zoning on the property municipally known as 526 Lancaster Street West as per staff's recommendation to defer the rezoning of this property until January 2013. FINANCIAL IMPLICATIONS: None. REVIEWED BY: Brandon Sloan, Manager of Long Range and Policy Planning Michael May, Deputy CAO ACKNOWLEDGED BY: Community Services Department Attachment: Appendix "A"- Proposed By-Law (September 26, 2012) 2 BY-LAW NUMBER OF THE CORPORATION OF THE CITY OF KITCHENER (Being a by-law to amend By-law 85-1, as amended, known as the Zoning By-law for the City of Kitchener - City of Kitchener) WHEREAS it is deemed expedient to amend By-law 85-1; NOW THEREFORE the Council of the Corporation of the City of Kitchener enacts as follows: 1. Schedule No. 125 of Appendix `A' to By-law Number 85-1 is hereby amended by changing the zoning applicable to the lands specified and illustrated as Area 1 on Map No. 1, in the City of Kitchener, attached hereto, from Neighbourhood Shopping Centre Zone (C-2) with Special Regulation Provision 17R to Low Intensity Mixed Use Corridor Zone (MU-1) with Special Regulation Provision 624R and Special Use Provision 401 U. 2. Schedule No. 125 of Appendix `A' to By-law Number 85-1 is hereby amended by changing the zoning applicable to the lands specified and illustrated as Area 2 on Map No. 1, in the City of Kitchener, attached hereto, from Neighbourhood Shopping Centre Zone (C-2) with Special Regulation Provision 17R to Low Intensity Mixed Use Corridor Zone (MU-1) with Special Regulation Provision 624R. 3. Schedule No. 125 of Appendix `A' to By-law Number 85-1 is hereby amended by changing the zoning applicable to the lands specified and illustrated as Area 3 on Map No. 1, in the City of Kitchener, attached hereto, from Neighbourhood Shopping Centre Zone (C-2) with Special Regulation Provision 17R to Low Intensity Mixed Use Corridor Zone (MU-1) with Special Regulation Provisions 619R and 624R. 4. Schedule No. 125 of Appendix `A' to By-law Number 85-1 is hereby amended by changing the zoning applicable to the lands specified and illustrated as Area 4 on Map No. 1, in the City of Kitchener, attached hereto, from Neighbourhood Shopping Centre Zone (C-2) with Special Use Provision 320U to Low Intensity Mixed Use Corridor Zone (MU-1) with Special Regulation Provision 624R and Special Use Provision 401 U. 5. Schedule No. 125 of Appendix `A' to By-law Number 85-1 is hereby amended by changing the zoning applicable to the lands specified and illustrated as Area 5 on Map No. 1, in the City of Kitchener, attached hereto, from Neighbourhood Shopping Centre Zone (C-2) with Special Regulation Provision 17R to Medium Intensity Mixed Use Corridor Zone (MU-2) with Special Regulation Provision 624R. 6. Schedule No. 125 of Appendix `A' to By-law Number 85-1 is hereby amended by changing the zoning applicable to the lands specified and illustrated as Area 6 on Map No. 1, in the City of Kitchener, attached hereto, from Neighbourhood Institutional Zone (I-1) to Low Intensity Mixed Use Corridor Zone (MU-1) with Special Regulation Provision 624R. 7. Schedule No. 126 of Appendix `A' to By-law Number 85-1 is hereby amended by changing the zoning applicable to the lands specified and illustrated as Area 7 on Map No. 1, in the City of Kitchener, attached hereto, from Arterial Commercial Zone (C-6) to Medium Intensity Mixed Use Corridor Zone (MU-2) with Special Regulation Provision 624R. 8. Schedule No. 126 of Appendix `A' to By-law Number 85-1 is hereby amended by changing the zoning applicable to the lands specified and illustrated as Area 8 on Map No. 1, in the City of Kitchener, attached hereto, from Neighbourhood Shopping Centre Zone (C-2) with Special Use Provision 2000 to Low Intensity Mixed Use Corridor Zone (MU-1) with Special Regulation Provisions 621 R and 624R. 9. Schedule No. 126 of Appendix `A' to By-law Number 85-1 is hereby amended by changing the zoning applicable to the lands specified and illustrated as Area 9 on Map No. 1, in the City of Kitchener, attached hereto, from Neighbourhood Shopping Centre Zone (C-2) with Special Use Provision 2000 to Low Intensity Mixed Use Corridor Zone (MU-1) with Special Regulation Provisions 620R and 624R and Holding Provision 65H. 10. Schedule No. 126 of Appendix `A' to By-law Number 85-1 is hereby amended by changing the zoning applicable to the lands specified and illustrated as Area 10 on Map No. 1, in the City of Kitchener, attached hereto, from Neighbourhood Shopping Centre Zone (C-2) with Special Use Provision 2000 to Low Intensity Mixed Use Corridor Zone (MU-1) with Special Regulation Provision 624R. 11. Schedule No. 126 of Appendix `A' to By-law Number 85-1 is hereby amended by changing the zoning applicable to the lands specified and illustrated as Area 11 on Map No. 1, in the City of Kitchener, attached hereto, from Residential Eight Zone (R-8) to Medium Intensity Mixed Use Corridor Zone (MU-2) with Special Regulation Provision 624R. 12. Schedule No. 126 of Appendix `A' to By-law Number 85-1 is hereby amended by changing the zoning applicable to the lands specified and illustrated as Area 12 on Map No. 1, in the City of Kitchener, attached hereto from Restricted Business Park Zone (B-2) with Special Regulation Provision 32R and Special Use Provision 107U to Medium Intensity Mixed Use Corridor Zone (MU-2) with Special Regulation Provisions 622R and 624R. 13. Schedule No. 126 of Appendix `A' to By-law Number 85-1 is hereby amended by changing the zoning applicable to the lands specified and illustrated as Area 13 on Map No. 1, in the City of Kitchener, attached hereto from Residential Eight Zone (R- 8) to Medium Intensity Mixed Use Corridor Zone (MU-2) with Special Regulation Provisions 622R and 624R. 14. Schedule No. 126 of Appendix `A' to By-law Number 85-1 is hereby amended by changing the zoning applicable to the lands specified and illustrated as Area 14 on Map No. 1, in the City of Kitchener, attached hereto from Community Commercial Core Zone (C-4) with Special Use Provision 11 U to Medium Intensity Mixed Use Corridor Zone (MU-2) with Special Regulation Provisions 622R and 624R. 15. Schedule No. 126 of Appendix `A' to By-law Number 85-1 is hereby amended by changing the zoning applicable to the lands specified and illustrated as Area 15 on Map No. 2, in the City of Kitchener, attached hereto from Community Commercial Core Zone (C-4) to Medium Intensity Mixed Use Corridor Zone (MU-2) with Special Regulation Provision 624R. 16. Schedule No. 126 of Appendix `A' to By-law Number 85-1 is hereby amended by changing the zoning applicable to the lands specified and illustrated as Area 16 on Map No. 2, in the City of Kitchener, attached hereto from Community Commercial Core Zone (C-4) to Low Intensity Mixed Use Corridor Zone (MU-1) with Special Regulation Provision 624R. 17. Schedule No. 126 of Appendix `A' to By-law Number 85-1 is hereby amended by changing the zoning applicable to the lands specified and illustrated as Area 17 on Map No. 2, in the City of Kitchener, attached hereto from Community Commercial Core Zone (C-4) with Special Regulation Provision 1 R and Special Use Provision 14U to Medium Intensity Mixed Use Corridor Zone (MU-2) with modified Special Regulation Provision 1 R, Special Regulation Provision 624R and Special Use Provision 421 U. 18. Schedule No. 126 of Appendix `A' to By-law Number 85-1 is hereby amended by changing the zoning applicable to the lands specified and illustrated as Area 18 on Map No. 2, in the City of Kitchener, attached hereto from Community Commercial Core Zone (C-4) to Low Intensity Mixed Use Corridor Zone (MU-1) with Special Regulation Provision 624R and modified Special Use Provision 401 U. 19. Schedule No. 126 of Appendix `A' to By-law Number 85-1 is hereby amended by changing the zoning applicable to the lands specified and illustrated as Area 19 on Map No. 2, in the City of Kitchener, attached hereto from Community Commercial Core Zone (C-4) with Special Regulation Provision 1 R and Special Use Provision 10U to Medium Intensity Mixed Use Corridor Zone (MU-2) with modified Special Regulation Provision 1 R, Special Regulation Provisions 624R and 625R and Special Use Provision 421 U. 20. Schedule No. 126 of Appendix `A' to By-law Number 85-1 is hereby amended by changing the zoning applicable to the lands specified and illustrated as Area 20 on Map No. 2, in the City of Kitchener, attached hereto from Community Commercial Core Zone (C-4) with Special Regulation Provision 1 R and Special Use Provision 10U to Low Intensity Mixed Use Corridor Zone (MU-1) with modified Special Regulation Provision 1 R, Special Regulation Provision 624R, modified Special Use Provision 401 U and Special Use Provision 421 U. 21. Schedule No. 126 of Appendix `A' to By-law Number 85-1 is hereby amended by changing the zoning applicable to the lands specified and illustrated as Area 21 on Map No. 2, in the City of Kitchener, attached hereto from Community Commercial Core Zone (C-4) with Special Regulation Provision 1 R and Special Use Provision 10U to Low Intensity Mixed Use Corridor Zone (MU-1) with modified Special Regulation Provision 1 R, Special Regulation Provisions 624R and 625R and Special Use Provision 421 U. 22. Schedule No. 126 of Appendix `A' to By-law Number 85-1 is hereby amended by changing the zoning applicable to the lands specified and illustrated as Area 22 on Map No. 2, in the City of Kitchener, attached hereto from Community Commercial Core Zone (C-4) with Special Regulation Provision 1 R and Special Use Provision 10U to Low Intensity Mixed Use Corridor Zone (MU-1) with modified Special Regulation Provision 1 R, Special Regulation Provision 624R and Special Use Provision 421 U. 23. Schedule No. 126 of Appendix `A' to By-law Number 85-1 is hereby amended by changing the zoning applicable to the lands specified and illustrated as Area 23 on Map No. 2, in the City of Kitchener, attached hereto from Community Commercial Core Zone (C-4) with Special Regulation Provision 1 R and Special Use Provision 10U to Low Intensity Mixed Use Corridor Zone (MU-1) with modified Special Regulation Provision 1 R, Special Regulation Provision 624R, modified Special Use Provision 10U and Special Use Provision 421 U. 24. Schedule No. 126 of Appendix `A' to By-law Number 85-1 is hereby amended by changing the zoning applicable to the lands specified and illustrated as Area 24 on Map No. 2, in the City of Kitchener, attached hereto from Community Commercial Core Zone (C-4) with Special Regulation Provision 1 R and Special Use Provision 10U to Low Intensity Mixed Use Corridor Zone (MU-1) with modified Special Regulation Provision 1 R, Special Regulation Provisions 624R and 625R and modified Special Use Provision 10U and Special Use Provision 421 U. 25. Schedule No. 126 of Appendix `A' to By-law Number 85-1 is hereby amended by changing the zoning applicable to the lands specified and illustrated as Area 25 on Map No. 2, in the City of Kitchener, attached hereto from Community Commercial Core Zone (C-4) to Medium Intensity Mixed Use Corridor Zone (MU-2) with modified Special Regulation Provision 1 R and Special Regulation Provisions 623R, 624R and 625R. 26. Schedule No. 126 of Appendix `A' to By-law Number 85-1 is hereby amended by changing the zoning applicable to the lands specified and illustrated as Area 26 on Map No. 2, in the City of Kitchener, attached hereto from Community Commercial Core Zone (C-4) to Existing Use Zone (E-1) with modified Special Use Provision 190U. 27. Schedule No. 126 of Appendix `A' to By-law Number 85-1 is hereby amended by changing the zoning applicable to the lands specified and illustrated as Area 27 on Map No. 2, in the City of Kitchener, attached hereto from Community Commercial Core Zone (C-4) with Special Regulation Provision 1 R and Special Use Provision 14U to Existing Use Zone (E-1) with modified Special Use Provision 190U. 28. Schedule No. 126 of Appendix `A' to By-law Number 85-1 is hereby amended by changing the zoning applicable to the lands specified and illustrated as Area 28 on Map No. 2, in the City of Kitchener, attached hereto from Community Commercial Core Zone (C-4) with Special Regulation Provision 1 R and Special Use Provision 10U to Existing Use Zone (E-1) with modified Special Use Provision 190U. 29. Schedule No. 126 of Appendix `A' to By-law Number 85-1 is hereby amended by changing the zoning applicable to the lands specified and illustrated as Area 29 on Map No. 2, in the City of Kitchener, attached hereto from Existing Use Zone (E-1) to Medium Intensity Mixed Use Corridor Zone (MU-2) with modified Special Regulation Provision 1 R, Special Regulation Provision 624R and Special Use Provision 421 U. 30. Schedules Nos. 125 and 126 of Appendix `A' to By-law Number 85-1 are hereby further amended by incorporating additional zone boundaries as shown on Map Nos. 1 and 2 attached hereto. 31. Appendix `C' to By-law Number 85-1 is hereby amended by a) deleting Sections 11, 14, 200 and, 320; b) modifying Sections 10, 190 and, 401 thereto as follows: "10. Notwithstanding Sections 53.1 or 53.2 of this By-law, within the MU-1 zoned lands identified within this Subsection on Schedule 126 of Appendix `A', dwelling units shall not be permitted." "190. Notwithstanding Section 48.1 of this By-law, within lands zoned E-1 and shown on Schedules 126 and 127 of Appendix `A' the uses permitted in Sections 10.1, 53.1 and 54.1 but not included those prohibited by Section 48.2, shall also be permitted." "401. These lands have been identified by the Region of Waterloo as of the date of passing of this By-law, as requiring further environmental consideration. Notwithstanding Sections 53.1, 54.1 or 55.1 of this By-law, within the lands zoned MU-1, MU-2 or MU-3 as shown on Schedules 73, 74, 75, 83, 84, 86, 119, 120, 122, 125, 126, 142, 143, 173, 174 of Appendix `A', as affected by this section, the following uses shall not be permitted unless existing at the date of passing of this By-law or the City of Kitchener has received acknowledgment from the Ministry of the Environment advising that a Record of Site Condition has been completed in accordance with the relevant Ontario legislation: Day Care facility Duplex Dwelling Dwelling Unit Lodging House having 9 residents or more Multiple Dwelling Residential Care Facility Single Detached Dwelling Street Townhouse Dwelling Tourist Home."; and c) adding Section 421 thereto as follows: "421. Notwithstanding Sections 53.1, 53.2, 54.1 or 54.2 of this By-law within the MU-1 and MU-2 zoned lands identified within this subsection on Schedule 126 of Appendix `A', the following uses shall not be permitted: Day Care facilities Educational Establishments Residential Care Facility." 32. Appendix `D' to By-law Number 85-1 is hereby amended by: a) Modifying Section 1 thereto as follows: "1. Notwithstanding anything else in this By-law, within any lands shown in Appendix `A' as affected by this Subsection, prior to the development of any land, interference with wetlands or alterations to shorelines or watercourses, a permit shall be obtained from the Grand River Conservation Authority, where required by the said Authority, in accordance with Regulation 150/06, as amended."; and b) Adding Sections 619, 620, 621, 622, 623, 624 and 625 thereto as follows: "619. Notwithstanding Section 53.2 of this By-law, within the lands zoned MU-1 and shown as affected by this subsection on Schedule 126 of Appendix `A', the following special regulations shall apply: a) the Lancaster Street West street line shall be the front lot line; b) the Bridgeport Road street line shall be a side lot line abutting a street and the minimum setback shall be 1.5 metres; c) the Hamel Street street line shall be a side lot line abutting a street and the minimum setback shall be 3.0 metres, d) the lot line adjacent to 543 Bridgeport Road shall be the side lot line and no minimum setback shall be required; and e) the minimum Floor Space Ratio, maximum front yard setback, minimum width of primary ground floor facade and, minimum percentage of facade openings shown on the approved site plan dated August 24, 2012 shall be deemed to comply." "620. Notwithstanding Section 5.5.2c) of this By-law, within the lands zoned MU-1 and shown as affected by this subsection on Schedule 126 of Appendix `A', the minimum easterly side yard setback shall be 0.009 metres for the detached accessory building existing on the date of passing of the By-law." "621. Notwithstanding Section 53.2 of this By-law, within the lands zoned MU-1 and shown as affected by this subsection on Schedule 126 of Appendix `A', the Lancaster Street West lot line shall be the front lot line." "622. Notwithstanding Section 54.2 of this By-law, within the lands zoned MU-2 and shown as affected by this subsection on Schedule 126 of Appendix `A', the following special regulations shall apply: a) a maximum front yard setback will not be required; b) a minimum width of primary ground floor facade will not be required; and c) for non-residential uses, not less than five (5) per cent of the area of primary ground floor facade shall be devoted to display windows or entrances to the building a maximum horizontal distance between display windows or entrances will not be applied." "623. Notwithstanding Sections 5.6.3 and 54.2 of this By-law, within the lands zoned MU-2 and shown as affected by this subsection on Schedule 126 of Appendix `A' the following special regulations shall apply: a) The minimum front yard setback shall be 1.2 metres; and b) Architectural features shall be permitted to project 1.2 metres into the front yard setback." "624. Notwithstanding Section 53.2.2 and 54.2.2 of this By-law, within the lands zoned MU-1 and MU-2 and shown as affected by this subsection on Schedules 125 and 126 of Appendix `A', free-standing retail uses will be permitted to locate within existing and new buildings, to a maximum gross floor area of 1,000 square metres." "625. Notwithstanding Sections 53.2 and 54.2 of this By-law within lands zoned MU- 1 and MU-2 and shown as affected by this subsection on Schedule 126 of Appendix `A', the minimum Floor Space Ratio shall not apply to the following: a) additions to or expansions of a building(s) existing on the date of passing of this By-law, and; b) building(s) being added to the lot where a building(s) existed on the date of passing of this By-law provided that the existing building(s) are retained. The cumulative Gross Floor Area of the building(s) on the lot must be equal to or greater than the Gross Floor Area existing on the date of passing of this By-law." 33. Appendix `F' to By-law Number 85-1 is hereby amended by: a) Adding Section 65 thereto as follows: "65. Notwithstanding Section 53.1 of this By-law, within the lands zoned MU-1 on Schedule 126 of Appendix `A', the following uses and uses accessory thereto may be permitted in accordance with the regulations of Section 8.2 of this By-law until such time as the holding symbol affecting the lands has been removed by By-law: Canine or Feline Grooming Day Care Facility Educational Establishment Financial Establishment Health Clinic Office Personal Services Religious Institution Repair Service Restaurant Retail Studio The holding symbol shall not be removed until such time as the lands have been consolidated with lands fronting Lancaster Street West and a site plan including site access from Lancaster Street West and appropriate site buffering measures has been approved by the City's Director of Planning." 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