HomeMy WebLinkAboutDSD-2021-101 - B 2021-031 & B 2021-032 - 425 Bingemans Centre Dr (Easement) and (Severance)Staff Report `
De velo hent Services Departrnent www. kitchener. ca
REPORT TO: Committee of Adjustment
DATE OF MEETING: June 15, 021
SUBMITTED BY: von Westerholt, Juliane, Senior Planner, 519-741-2200 ext. 7157
PREPARED BY: Stevenson, Garett, Senior Planner, 519-741-2200 ext. 7070
WARD(S) INVOLVED: Ward 1
DATE OF REPORT: June 3, 2021
REPORT NO.: DSD -2021-101
SUBJECT: Consent Application B2021-031 — Access and Servicing Easement
Consent Application B2021-032 — Creation of a Lot
355-425 Bingemans Centre Drive
Owner— Bingemans Inc.
Applicant — Leslie Boggs & Paul Britton, MHBC Planning
RECOMMENDATION:
That application B2021-031 requesting permission to create an access easement that
is 0.839 hectares in size, and proposing to create a storm water easement that is 0.91
hectares in size, both on the retained lands in favour of the severed lands, and
requesting permission to enter into a private maintenance agreement for the drainage
outlet and access for a period of more than 21 years, be approved subject to the
following conditions:
1. That the Owner shall provide a digital file of the deposited reference plan(s)
prepared by an Ontario Land Surveyor in PDF and either .dwg (AutoCad) or
.dgn (Microstation) format, as well as two full sized paper copies of the plan(s).
The digital file needs to be submitted according to the City of Kitchener's Digital
Submission Standards to the satisfaction of the City's Mapping Technologist.
2. That the Owner shall obtain a tax certificate from the City of Kitchener to verify
that there are no outstanding taxes on the subject property(ies) to the
satisfaction of the City's Revenue Division.
3. That the Transfer Easement document(s) required to create the Easement(s)
being approved herein shall include the following and shall be approved by the
City Solicitor in consultation with the City's Director of Planning:
a. a clear and specific description of the purpose of the Easement(s) and
of the rights and privileges being granted therein (including detailed
terms and/or conditions of any required maintenance, liability and/or
cost sharing provisions related thereto - or a separate private
maintenance agreement);
*** This information is available in accessible formats upon request. ***
Please call 519-741-2345 or TTY 1-866-969-9994 for assistance.
b. a clause/statement/wording confirming that the Easement(s) being
granted shall be maintained and registered on title in perpetuity and
shall not be amended, released or otherwise dealt with without the
express written consent of the City
4. That a satisfactory Solicitor's Undertaking to register the approved Transfer
Easement(s) and to immediately thereafter provide copies thereof to the City
Solicitor be provided to the City Solicitor.
5. That the Owner provides a servicing and profile plan showing the storm water
servicing without the easement to the satisfaction of the Director of Engineering
Services.
II. That application B2021-033 requesting consent to sever a 7.81 ha parcel be approved
subject to the following conditions:
1. That the owner shall provide a digital file of the deposited reference plan(s)
prepared by an Ontario Land Surveyor in PDF and either .dwg (AutoCad) or
.dgn (Microstation) format, as well as two full sized paper copies of the plan(s).
The digital file needs to be submitted according to the City of Kitchener's Digital
Submission Standards to the satisfaction of the City's Mapping Technologist.
2. That the Owner shall obtain a tax certificate from the City of Kitchener to verify
that there are no outstanding taxes on the subject property(ies) to the
satisfaction of the City's Revenue Division.
REPORT HIGHLIGHTS:
The consent application proposes to sever 355-425 Bingemans Centre Drive to create a 7.81
hectare parcel of land having frontage onto Bingemans Centre Drive.
A severance application is also requesting a an access easement that is 0.839 hectares in size as
well as a storm water easement that is 0.91 hectares in size, as well as a maintenance agreement
for more than 21 years, over portions of the retained lands in favour of the severed lands.
Location Map — 355-425 Bingemans Centre Drive
BACKGROUND:
The proposed severed lands are designated as Business Park Employment in the City's Official
Plan and identified as Industrial Employment Area on the City's Urban Structure Map. The lands
are zoned as Heavy Industrial Employment EMP -3 and Service Business Park Employment EMP -
4 with Special Regulation Provision (76) in Zoning By-law 2019-051.
REPORT:
Planning Comments:
Lands within the Industrial Employment Area on the City's Urban Structure are planned to support
and maintain economic activity in the city by providing an adequate supply of land for a range of
industrial -related employment uses and appropriate accessory and ancillary uses. Lands designated
as Business Park Employment are regarded as a prestigious location for certain industrial uses due
to its access to major transportation corridors, high visibility, and distinct identity. Manufacturing and
the other employment uses that are typically found the General Industrial Employment land use
designation are permitted, including warehousing, storage, distribution and wholesaling.
A portion of the proposed severed lands is zoned as Heavy Industrial Employment EMP -3 with
Special Regulation Provision (76) in Zoning By-law 2019-051. The purpose of this zone is to
accommodate industrial uses, including noxious uses, on lands that are separated from sensitive
land uses. This zone also accommodates uses that require larger tracts of land for large buildings,
materials, and/or products. Another portion of the severed lands is zoned as Service Business Park
Employment EMP -4 with Special Regulation Provision (76) in Zoning By-law 2019-051. The purpose
of this zone is to accommodate industrial uses and limited complimentary uses that support adjacent
employment lands.
The proposed lot width and area exceed the minimum requirements in the zoning by-law. City
Planning staff conducted a site walk of the property on April 7, 2021, as well as a site visit on May
31, 2021.
Photo of Proposed Severed Lands— View from Bingemans Centre Drive
With respect to the criteria for the subdivision of land listed in Section 51(24) of the Planning Act,
R.S.O. 1990, c. P. 13, Planning staff is of the opinion that the proposed severance conforms to the
City's Official Plan and will allow for orderly development that is compatible with the existing
community. The severed lands front onto an established public street, and the severed lands can be
serviced with municipal services. Appropriate storm water management provisions will be
determined through the future site planning process and will be secured with the related easement.
Staff is further of the opinion that the proposal is consistent with the Provincial Policy Statement and
conforms to the Growth Plan for the Greater Golden Horseshoe.
Building Comments:
The Building Division has no objections to the proposed consent. Region of Waterloo and Area
Municipalities' Design Guidelines and Supplemental Specifications for Municipal Services (DGSSMS)
allows only one service per lot. Separate building permit(s) will be required for the construction of the
industrial warehouse and associated office.
Transportation Comments:
Transportation Services does not have any concerns with the proposed application
Heritage Comments:
No heritage planning concerns.
Engineering Comments:
A servicing plan and profile will be required to the satisfaction of the Engineering Division prior to
easement approval. This can be completed in conjunction with the development of the severed
lands. Engineering needs to confirm that the easement width through the retained lands is
appropriately sized.
Parks/Operations Comments:
The parkland dedication requirement for this application is deferred and will be assessed at a future
site plan application.
The proposed servicing / drainage easement crosses the existing trail easement for the Walter Bean
Trail. The impacts of this proposed easement are unclear and addition details of the
servicing/drainage easement are to be detailed and shown with civil engineering drawings with a
future site plan application. Any impacts to the trail or users are to be minimized. If temporary trail
closures are required, rerouting and signage will be required.
Environmental Planning Comments:
To assess the feasibility of the severance application in advance of reviewing a final Scoped
Environmental Impact Study (EIS) and Tree Preservation / Enhancement Plan (TP/EP), a
Preliminary EIS (425 Bingemans Centre Drive, Kitchener: Severance Application. June 2021. NRSI
Inc.) was provided as a means to understand the anticipated natural feature constraints and
development opportunities within the severed lands and easements. Staff has reviewed the
Preliminary EIS and can support the recommended location of the lot lines. Staff has no objections
to the proposed easement for stormwater management. Staff advises that a Final EIS and TP/EP
will be required as part of a complete Site Plan Application. The Final EIS and TP/EP will assess
natural features discussed in the Preliminary EIS in more detail, and will provide recommendations
for mitigation strategies that can be implemented as conditions of Site Plan Approval.
STRATEGIC PLAN ALIGNMENT:
This report supports the delivery of core services.
FINANCIAL IMPLICATIONS:
Capital Budget — The recommendation has no impact on the Capital Budget.
Operating Budget — The recommendation has no impact on the Operating Budget.
COMMUNITY ENGAGEMENT:
INFORM — This report has been posted to the City's website with the agenda in advance of the
Committee of Adjustment meeting. A notice signed was placed on the property advising that a
Committee of Adjustment application has been received. The sign advises interested parties to find
additional information on the City's website or by emailing the Planning Division. A notice of the
application was mailed to all property owners within 30 metres of the subject property.
PREVIOUS REPORTS/AUTHORITIES:
There are no previous reports/authorities related to this matter
PLANNING, DEVELOPMENT
AND LEGISLATIVE SERVICES
N * Community Planning
150 Frederick Street 8th Floor
Region of Waterloo Kitchener Ontario N2G 4A Canada
Telephone: 519-575-440D
TTY: 519-575-4608
Fax: 519-575-4466
www. reg ionofwate rloo.ca
Matthew Colley
575-4757 ext. 3210
D20-20/21 KIT
June 3, 2021
Dianna Saunderson
Committee of Adjustment
City of Kitchener
P.O. Box 1118
200 King Street East
Kitchener, ON N2G 4G7
Re: Comments for Consent Applications B2021-029 to 62021-
035
Committee of Adjustment Hearing June 15, 2021
CITY OF KITCHENER
B2021-029
196 Sydney Street South
Azim and Toba Anwar
The owner/applicant is proposing a severance to facilitate the construction of a semi-
detached dwelling.
Regional Fee:
The owner/applicant is required to submit the Regional consent review fee of $350.00
per new lot created prior to final approval of the consent.
Airport Zoning (Advisory Comments):
There are no airport specific concerns for the above application. However, the
applicants must be advised that the subject lands are located within airport zoning
regulated area and specifically under the runway take -off approach surface. Therefore,
the lands and the proposed development are subject to all provisions and restrictions of
Airport Zoning regulations and Nav Canada.
For further information in this regard please contact:
Kevin B. Campbell, Project Manager, Airport Construction and Development
519.648.2256 ext. 8511 Email: KCampbeIl(c-reg ion ofwaterloo.ca
The Region has no objection to the proposed application, subject to the following
conditions:
1) That prior to final approval, the owner/applicant submit the Regional consent
review fee of $350.00 per new lot created.
001IN 1511111
509 Mill Street
1154461 Ontario Limited
The owner/applicant is proposing a lot adjustment of the property line between the
industrial uses at 485 and 509 Mill Street
Airport Zoning (Advisory Comments):
There are no airport specific concerns for the above application. However, the
applicants must be advised that the subject lands are located within airport zoning
regulated area and specifically under the runway take -off approach surface. Therefore,
the lands and the proposed development are subject to all provisions and restrictions of
Airport Zoning regulations and Nav Canada.
For further information in this regard please contact:
Kevin B. Campbell, Project Manager, Airport Construction and Development
519.648.2256 ext. 8511 Email: KCampbell(a-)-regionofwaterloo.ca
The Region has no objection to the proposed application.
B2021-031 and B2021-032
425 Bingemans Centre Drive
Bingemans Inc.
The owner/applicant is proposing a severance to create a new industrial lot on the western
portion of the subject lands. The owner/applicant also requires an easement/right-of-way
over the existing driveway located to the east in favour of the new lot. The storm sewer
easement and drainage outlet extending from the northern limits of the new lot northerly
and to the Grand River. The retained lands will continue to facilitate the existing
Bingemans Facility.
Regional Fee:
The owner/applicant is required to submit the Regional consent review fee of $350.00
prior to final approval of the consent.
Environmental Planning:
Regional staff understand that an Environmental Impact Statement (EIS) is being
undertaken in support of the development of the subject lands, and any
recommendations from the EIS are intended to be implemented through the site plan
process. As such, Regional Staff have no requirements related to the consent
application.
The subject lands include, and are adjacent to Significant Valleyland and a Core
Environmental Feature (Significant Woodland) as designated by the Regional Official
Plan (ROP)
Regional Staff note that the EIS will address ROP policies relevant to the adjacent Core
Environmental Features and be undertaken in accordance with the Region's
Greenlands Network Implementation Guideline. Regional Staff request inclusion in the
circulation and review of the EIS once it is available
The Region has no objection to the proposed application, subject to the following
conditions:
1) That prior to final approval, the owner/applicant submit the Regional consent
review fee of $350.00 per new lot created.
B2021-033
269-271 Madison Avenue and 184 Mill Street
389160 Ontario Limited c/o Vive Development Corporation
The owner/applicant is proposing a severance to create an additional residential lot.
Regional Fee:
The owner/applicant is required to submit the Regional consent review fee of $350.00
prior to final approval of the consent.
Environmental Noise:
Regional Staff acknowledge the dwellings on both the severed and retained lands may
have impacts from road noise from the municipal street system and rail noise from CN
Railway mainline (within 200 metres) in the vicinity. Regional Staff assumes that all
dwellings on these lots have air -ducted heating and ventilation system. Therefore, in
absence of an environmental noise study, Regional Staff require the following noise
warning clauses be included in all offers of purchase, deeds and rental agreements
through a registered agreement with the City of Kitchener for all dwellings on the
severed and retained lands:
"The purchasers / tenants are advised that sound levels due to increasing road
traffic on Ottawa Street South and rail noise from CN Railway may occasionally
interfere with some activities of the dwelling occupants as the sound levels may
exceed the sound level limits of the Waterloo Region and the Ministry of the
Environment Conservation and Parks (MECP)".
ii. "This unit has been installed with air -ducted heating and ventilation system
suitably sized and designed for adding a central air conditioning at the occupant's
discretion. Installation of central air conditioning will allow windows and exterior
doors to remain closed, thereby ensuring that the indoor sound levels are within
the sound level limits of the Region of Waterloo and the Ministry of the
Environment Conservation & Parks (MOECP)."
iii. "Warning. Canadian National Railway Company or its assigns or successors in
interest has or have a rights-of-way within 300 metres from the land the subject
thereof. There may be alterations to or expansions of the railway facilities on
such rights-of-way in the future including the possibility that the railway or its
assigns or successors as aforesaid may expand its operations, which expansion
may affect the living environment of the residents in the vicinity, notwithstanding
the inclusion of any noise and vibration attenuating measures in the design of the
development and individual dwelling(s). CNR will not be responsible for any
complaints or claims arising from use of such facilities and/or operations on, over
or under the aforesaid rights-of-way."
The Region has no objection to the proposed application, subject to the following
conditions:
1) That prior to final approval, the owner/applicant submit the Regional consent
review fee of $350.00 per new lot created.
2) That prior to final approval, the owner/applicant enter into an agreement with the
City of Kitchener to include the following noise mitigation/warning clauses in all
Offers of Purchase and Sale, lease/rental agreements and condominium
declarations for all dwellings on the severed and retained lands:
a. The following noise warning clauses be included in all offers of purchase,
deeds and rental agreements
"The purchasers / tenants are advised that sound levels due to
increasing road traffic on Ottawa Street South and rail noise from
CN Railway may occasionally interfere with some activities of the
dwelling occupants as the sound levels may exceed the sound level
limits of the Waterloo Region and the Ministry of the Environment
Conservation and Parks (MECP)".
ii. "This unit has been installed with air -ducted heating and ventilation
system suitably sized and designed for adding a central air
conditioning at the occupant's discretion. Installation of central air
conditioning will allow windows and exterior doors to remain closed,
thereby ensuring that the indoor sound levels are within the sound
level limits of the Region of Waterloo and the Ministry of the
Environment Conservation & Parks (MOECP)."
iii. "Warning. Canadian National Railway Company or its assigns or
successors in interest has or have a rights-of-way within 300
metres from the land the subject thereof. There may be alterations
to or expansions of the railway facilities on such rights-of-way in the
future including the possibility that the railway or its assigns or
successors as aforesaid may expand its operations, which
expansion may affect the living environment of the residents in the
vicinity, notwithstanding the inclusion of any noise and vibration
attenuating measures in the design of the development and
individual dwelling(s). CNR will not be responsible for any
complaints or claims arising from use of such facilities and/or
operations on, over or under the aforesaid rights-of-way."
b. That prior to the issuance of any building permits, the City of Kitchener's
Building Inspector certify that the noise attenuation measures are
incorporated in the building plans and the dwelling units have been
constructed accordingly.
B2021-034 and B2021-035
297 Ottawa Street South
Jeremy Krygsman and Andrew Steinbach
The owner/applicant is proposing a severance to facilitate a semi-detached dwelling being
on separate lots. In addition, maintenance easements are required in favour of the
opposite properties along the common lot line.
Regional Fee:
The owner/applicant is required to submit the Regional consent review fee of $350.00
prior to final approval of the consent.
Road Widening:
A dedicated road widening of approximately 5.2 metres along Ottawa Street South
(Regional Road #04) and a daylight triangle of 7.62 metres along the new property
line(s) of Ottawa Street South and Acacia Street, if applicable, would be required to be
conveyed to the Region at the owner's cost. This is required to comply with a 30.48
metre designated road width identified in the Regional Official Plan (ROP) for Ottawa
Street South. An Encroachment agreement would also be required for the existing
building that would be encroaching into the Regional right-of-way, after the dedication of
lands.
However, keeping in view the building lines for the existing residence a reduced road
dedication of 4.0 metres along Ottawa Street and reduced daylight triangle 4.25 metres
along the new property line(s) would be supported to avoid the need for an
Encroachment Agreement.
An Ontario land Surveyor (OLS) is required to determine the exact amount of the road
widening. A draft reference plan must be provided for review prior to depositing the
reference plan to the Land Registry Office. An Environmental Site Assessment report
will not be required for the purpose of the road dedication to the Region.
Environmental Noise:
Regional Staff acknowledge that the dwellings on the severed and retained residential
lots may have impacts from road noise from the traffic on Ottawa Street South
(Regional Road #04) and rail noise from CN Railway mainline (within 200 metres) in the
vicinity. Regional Staff assume that all dwellings on these lots have air -ducted heating
and ventilation system. Therefore, in absence of an environmental noise study,
Regional IStaff require the following noise warning clauses be included in all offers of
purchase, deeds and rental agreements through a registered agreement with the City of
Kitchener for all dwellings on the severed and retained lands
"The purchasers / tenants are advised that sound levels due to increasing road
traffic on Ottawa Street South and rail noise from CN Railway may occasionally
interfere with some activities of the dwelling occupants as the sound levels may
exceed the sound level limits of the Waterloo Region and the Ministry of the
Environment Conservation and Parks (MECP)".
"This unit has been installed with air -ducted heating and ventilation system
suitably sized and designed for adding a central air conditioning at the occupant's
discretion. Installation of central air conditioning will allow windows and exterior
doors to remain closed, thereby ensuring that the indoor sound levels are within
the sound level limits of the Region of Waterloo and the Ministry of the
Environment Conservation & Parks (MOECP)."
iii. "Warning. Canadian National Railway Company or its assigns or successors in
interest has or have a rights-of-way within 300 metres from the land the subject
thereof. There may be alterations to or expansions of the railway facilities on
such rights-of-way in the future including the possibility that the railway or its
assigns or successors as aforesaid may expand its operations, which expansion
may affect the living environment of the residents in the vicinity, notwithstanding
the inclusion of any noise and vibration attenuating measures in the design of the
development and individual dwelling(s). CNR will not be responsible for any
complaints or claims arising from use of such facilities and/or operations on, over
or under the aforesaid rights-of-way."
Regional Staff note that the City of Kitchener's Building Inspector must certify that the
noise attenuation measures are incorporated in the building plans and the dwelling units
have been constructed accordingly.
The Region has no objection to the proposed application, subject to the following
conditions:
1) That prior to final approval, the owner/applicant submit the Regional consent
review fee of $350.00 per new lot created.
2) That the owner/applicant complete the required road widening dedication to the
satisfaction of the Region of Waterloo.
3) That prior to final approval, the owner/applicant enter into an agreement with the
City of Kitchener to include the following noise mitigation/warning clauses in all
Offers of Purchase and Sale, lease/rental agreements and condominium
declarations for all dwellings on the severed and retained lands:
a. The following noise warning clauses be included in all offers of purchase,
deeds and rental agreements
"The purchasers /tenants are advised that sound levels due to
increasing road traffic on Ottawa Street South and rail noise from
CN Railway may occasionally interfere with some activities of the
dwelling occupants as the sound levels may exceed the sound level
limits of the Waterloo Region and the Ministry of the Environment
Conservation and Parks (MECP)".
"This unit has been installed with air -ducted heating and ventilation
system suitably sized and designed for adding a central air
conditioning at the occupant's discretion. Installation of central air
conditioning will allow windows and exterior doors to remain closed,
thereby ensuring that the indoor sound levels are within the sound
level limits of the Region of Waterloo and the Ministry of the
Environment Conservation & Parks (MOECP)."
iii. "Warning: Canadian National Railway Company or its assigns or
successors in interest has or have a rights-of-way within 300
metres from the land the subject thereof. There may be alterations
to or expansions of the railway facilities on such rights-of-way in the
future including the possibility that the railway or its assigns or
successors as aforesaid may expand its operations, which
expansion may affect the living environment of the residents in the
vicinity, notwithstanding the inclusion of any noise and vibration
attenuating measures in the design of the development and
individual dwelling(s). CNR will not be responsible for any
complaints or claims arising from use of such facilities and/or
operations on, over or under the aforesaid rights-of-way."
b. That prior to the issuance of any building permits, the City of Kitchener's
Building Inspector certify that the noise attenuation measures are
incorporated in the building plans and the dwelling units have been
constructed accordingly.
General Comments
Any future development on the lands subject to the above -noted consent application(s)
will be subject to the provisions of Regional Development Charge By-law 19-037 or any
successor thereof. Please accept this letter as our request for a copy of the staff reports,
decisions and minutes pertaining to each of the consent applications noted above. Should
you require Regional Staff to be in attendance at the meeting or have any questions,
please do not hesitate to contact the undersigned.
Yours truly,
Matthew Colley,
Principal Planner, MCIP, RPP
Mand
n
�ation
Administration Centre: 400 Clyde Road, P.Q. Box 729 Cambridge, ON N1 R 5W6
Phone: 519-621-2761 Toll free: 1-866-900-4722 Fax: 519-621-4844 www.grandriver.ca
PLAN REVIEW REPORT: Dianna Saunderson F qN
City of Kitchener
DATE: FILE:
June 4, 2021 Severence — 425 Bingemans Centre Drive
RE: Consent Applications B2021-031 and B2021-032
425 Bingemans Centre Drive
Bingemans Inc.
GRCA COMMENT*:
The Grand River Conservation Authority (GRCA) has no concerns with the consent
applications. Additional study is required through the site plan process.
BACKGROUND:
1. Resource Issues:
Information currently available at our office indicates that the retained lands contain
a valley slope. Field investigations by the applicant have also confirmed the
presence of wetlands on the retained lands, and lands adjacent to the west.
2. Legislative/Policy Requirements and Implications:
Due to the presence of the resource features listed above, the GRCA regulates a
portion of the property under Ontario Regulation 150/06 (Development, Interference
with Wetlands and Alterations to Shorelines and Watercourses Regulation). Any
future development within a regulated area will require a permit from the GRCA
pursuant to Ontario Regulation 150/06.
The proposed severed parcel is mostly outside of a 15 metre buffer around the
wetlands as recommended through a preliminary environmental impact study (EIS;
NRSI, June 2021). We have no concerns with the lot lines proposed in the
severance. During the subsequent site plan process, a final EIS will be required to
set the ultimate limit of development, and propose any additional mitigation
measures as required.
We also have no objections to the proposed easement for stormwater management
(SWM). Similarly, the final SWM strategy for the site must be proposed in a
Page 1 of 2
Member of Conservation Ontario, representing Ontario's 36 Conservation Authorities I The Grand — A Canadian Heritage River
complete SWM report, and be supported by the final EIS and a geotechnical report
to confirm potential impacts to wetlands and other valleylands are mitigated.
3. Review Fees:
This application is considered a major consent application, and in accordance with
the GRCA's 2021 Plan Review Fee Schedule, the applicable fee is $1,105. We will
send an invoice to the applicant. Additional fees will be required for a subsequent
site plan application, and a separate fee will be required for a GRCA permit.
We trust this information is of assistance. If you have any questions or require additional
information, please contact me at 519-621-2763 ext. 2292 or theywoodQgrandriver. ca.
Sincerely,
Trevor Heywood
Resource Planner
Grand River Conservation Authority
* These comments are respectfully submitted as advice and reflect resource concerns within the
scope and mandate of the Grand River Conservation Authority
C. C. Domenic Natale, Cooper Construction
Paul Britton, MHBC
Page 2 of 2
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