HomeMy WebLinkAboutResolution No. PZ2023-05CITY OF KENAI
PLANNING AND ZONING COMMISSION
RESOLUTION NO. PZ2023-05
A RESOLUTION GRANTING AN AMENDMENT TO CONDITIONAL USE PERMITS FOR AN
ASSISTED LIVING FACILITY.
APPLICANT: Aspen Creek Kenai LLC
c/o Douglas Clegg
PROPERTY ADDRESS: 701 N. Forest Drive
LEGAL DESCRIPTION: Tract 36A of Killen Estates 2014 Replat
KENAI PENINSULA BOROUGH PARCEL NUMBER: 04321030
WHEREAS, a complete application meeting the requirements of Kenai Municipal Code 14.20.150
was submitted to the City on January 19, 2023; and,
WHEREAS, the applicant has demonstrated that the prerequisites of a Conditional Use Permit
have been met pursuant to Kenai Municipal Code 14.20.150; and,
WHEREAS, the City of Kenai Planning and Zoning Commission conducted a duly
advertised public hearing on March 22, 2023, following requirements outlined in Kenai
Municipal Code 14.20.280 for public hearings and notifications.
WHEREAS, the Planning and Zoning Commission finds:
1. KMC 14.20.150(d)(1) The use is consistent with the purpose of this chapter and the
purposes and intent of the zoning district,
Finding The proposed expansion is consistent with the purpose of the Kenai Zoning
Code and Land Use Table. The land use table indicates an assisted living facility is a
conditional use; therefore, a conditional use permit may be granted for an assisted living
facility.
The RS Zone is intended to provide for medium density residential
development in areas which will be provided with common utility systems.
The specific intent in establishing this zone is:
(1) To separate residential structures to an extent which will allow for
adequate light, air, and privacy,
(2) To prohibit uses which would:
Resolution No. PZ2023-05
Page 2 of 4
(A) Violate the residential character of the environment,
(8) Generate heavy traffic in predominantly residential areas.
The proposed addition will expand the operation of the assisted living facilities with
approved CUPs. There should be minimal traffic generated by the proposed addition. The
proposal includes a landscape plan that will provide a separation from adjoining properties
and will not violate the residential character of the area.
2. KMC 14.20.150(d)(2) The economic and noneconomic value of the adjoining property and
neighborhood will not be significantly impaired;
Findings: The economic and noneconomic value of adjacent properties would not be
significantly impacted by this change. A landscaping/site plan has been submitted and
will be reviewed by Planning staff for compliance. Site plan review will require an orderly
and safe development as well as landscaping to provide an attractive and functional
separation/screening between uses. The proposed access from Ponderosa Road may
increase traffic along Ponderosa Road but it is not anticipated that the proposed expansion
to an assisted living facility would generate heavy traffic. The development of the paved
right-of-way easement for access via Ponderosa Road may increase the development
potential of the adjacent vacant lot.
3. KMC 14.20.150(d)(3) The proposed use is in harmony with the Comprehensive Plan;
Findings: The Land Use Plan, from the 2016 Comprehensive Plan, identifies the subject
property with the Suburban Residential (SR) land use classification. The SR Land Use
Classification is defined in the Comprehensive Plan:
Suburban Residential is intended for single-family and multi -family residential
uses that are urban or suburban in character. The area will typically be developed
at a higher density; lots are typically smaller; and, public water and sewer
services are required or planned. Some developments may be required to
construct streets to a paved standard and larger subdivisions may be required to
provide sidewalks and public areas. Parks and open space land uses may be
considered appropriate.
This property is located off of North Forest Drive, a collector street, which provides access
to multiple neighborhoods. To the south of the development are Northgate Subdivision
and the Church of the Latter Day Saints. The property to the north is undeveloped.
Woodland Subdivision is located across North Forest Drive. There are several institutional
uses along Forest Drive that complements the existing and surrounding uses.
In Imagine Kenai 2030 Comprehensive Plan, Chapter 6, "Goals, Objectives, and
Implementation", several goals and objectives are met from the proposed expansion.
Goal 1— Quality of Life is to promote and encourage quality of life in Kenai.
Objective Q-1
Establish siting and design standards so that development is in harmony and scale with
surrounding uses.
Resolution No. PZ2023-05
Page 3 of 4
Goal 3 — Land Use is to develop land use strategies to implement a forward -looking
approach to community growth and development.
Goal 5 — Provide transportation systems that are efficient and adequate to serve the
regional needs of the community.
Objective T-5
Transportation improvements needed to serve new developments shall be in place at the
time new development impacts occur.
4. KMC 14.20.150(d)(4) Public services and facilities are adequate to serve the proposed
use;
Findings: City water and sewer are available to sere the proposed addition. There are
adequate public services and facilities to sere the proposed expansion. North Forest is a
paved and City -maintained road. Access will also be provided from Ponderosa Road,
which will require a minimum 60-foot right-of-way easement on the adjacent property to
meet city standards.
5. KMC 14.150(d)(5) The proposed use will not be harmful to the public safety, health or
welfare;
Findings: An assisted living facility will not be harmful to public safety, health, or welfare.
The proposed expansion does not change the existing use. The proposal provides a
surplus of parking spaces and adequate landscaping that will minimize the impact to the
surrounding area. The proposed addition will not negatively affect the public safety, health
or welfare.
6. KMC 14.150(d)(6) Any and all specific conditions deemed necessary by the Commission
to fulfill the above -mentioned conditions should be met by the applicant. These may
include, but are not limited to, measures relative to access, screening, site development,
building design, operation of the use and other similar aspects related to the proposed
use.
Findings: To minimize impact on adjacent properties with the proposed one-way access,
the following conditions are added.
Maintain a safe and clear passage of the 10-foot vehicle access so it remains free
of obstruction and obstacles created by snow removal or the depositing of snow.
Snow removal must not be pushed onto another property.
Prior to building permit issuance, provide an as -built survey to Planning & Zoning
Department for verification that a minimum of 20 feet width for vehicular access
and buffer are provided between the south building fagade and the south property
line.
NOW, THEREFORE, BE IT RESOLVED BY THE PLANNING AND ZONING COMMISSION OF
THE CITY OF KENAI, ALASKA:
Resolution No. PZ2023-05
Page 4 of 4
Section 1. That an amendment to the conditional use permits is granted to Aspen Creek Kenai
LLC for the expansion of the assisted living facility on the property described as Tract
36A of Killen Estates 2014 Replat, and located at 701 N. Forest Drive.
Section 2. That the amendment to the conditional use permits is subject to the original conditions
in CUPs (Resolution Nos. PZ12-22 and PZ15-24) and the following conditions:
1. Any development or use of the property shall comply with all applicable Federal, State of
Alaska, and City regulations regardless of whether or not the requirements are listed as
conditions for the approval of the Conditional Use Permit.
2. Upon request, the applicant or applicant's representative shall meet with City staff for an
on -site inspection.
3. Obtain a minimum 60-foot right of way easement on the adjacent property for ingress and
egress from/to Ponderosa Street.
4. Prior to building permit issuance, a landscape/site plan must be reviewed and approved
by the Planning and Zoning Department.
5. Maintain a safe and clear passage of the 10-foot vehicle access so it remains free of
obstruction and obstacles created by snow removal or the depositing of snow. Snow
removal must not be pushed onto another property.
6. Prior to building permit issuance, provide an as -built survey to Planning & Zoning
Department for verification that a minimum of 20 feet width for vehicular access and buffer
are provided between the south building fagade and the south property line.
7. Applicant must obtain a sign permit for the proposed monument sign.
PASSED BY THE PLANNING AND ZONING COMMISSION OF THE CITY OF KENAI, ALASKA,
THIS 22ND DAY OF MARCH, 2023.
JEFrTWArr, CHAIRPERSON
ATTEST:
Meghan Thibodeau, Deputy City Clerk
N
STAFF REPORT
�. PLANNING &ZONING DEPARTMENT
TO: Planning and Zoning Commission
FROM: Linda Mitchell, Planning DirectopA
DATE: March 17, 2023
SUBJECT: Resolution No. PZ2023-05 — Conditional Use Permit Amendment — Assisted
Living Facility Expansion
Request The applicant is proposing to construct an addition to the assisted living
facility which will consist of 15 specialized memory care units, two (2)
additional assisted living suites, and several amenities.
Staff Adopt Resolution PZ2023-05 approving an amendment to Conditional
Recommendatio Use Permits (Resolutions PZ12-22 and PZ15-24) for the expansion of
the assisted living facility.
Applicant
Property Owners
Legal Description
Property Address
KPB Parcel No.
Lot Size
Zoning
Current Use
Land Use Plan
SUMMARY
Aspen Creek Kenai LLC
c/o Douglas Clegg
Brooks Holding LLC and Miriam LLC
Tract 36A of Killen Estates 2014 Replat
701 N. Forest Drive
04321030
Approximately 4.64 acres (202,118 square feet)
Suburban Residential (SR)
Assisted Living Facility
Suburban Residential
The subject property was granted Conditional Use Permits (CUPs) for an assisted living facility
(Resolution PZ12-22 for Building 1; Resolution PZ15-24 for Building 2) located at 701 N. Forest
Drive within the Suburban Residential (RS) Zoning District. Last year, a transfer of the CUPs was
granted to Aspen Creek Kenai LLC.
The applicant is requesting a conditional use permit amendment to join the two (2) assisted living
buildings into one (1) building. The proposed addition will provide 15 specialized memory care
units and two (2) assisted living suites for a total of 65 units in the new building. As stated by the
applicant, several amenities will be provided to include a development center, a beauty salon, a
theater/performing arts center, a gym for physical therapy, a reception center, and most
importantly a memory care unit for individuals, who are aging with this disease.
Setbacks
The proposed addition meets the required building setbacks for the Suburban Residential (SR)
zoning district.
Parking/Access
The proposed addition will separate the existing parking lot. The front parking lot will be dedicated
for temporary and emergency vehicle parking. The main parking lot behind the proposed addition
will have access from the proposed 10-foot one way access via Forest Drive and a right-of-way
easement on the adjacent property to the west from Ponderosa Road. The right-of-way easement
on the adjacent parcel to Ponderosa Road must maintain a minimum width of 60-feet to meet city
standards. The parking requirement for an assisted living facility is one (1) space per every two
(2) beds. A total of 65 units will require 33 spaces and there are 78 spaces provided.
Sianage
The rendering drawing and site plan identify a monument sign with landscaping to be located on
the east end of the porte cochere. Any signage on the property is subject to review by the City
and requires a sign permit, separate from this conditional use permit.
ANALYSIS
Pursuant to KMC 14.20.150(a), the intent of a conditional use permit is to allow some uses that
may be compatible with the designated principal uses in specific zoning districts provided certain
conditions are met. Prior to granting a conditional use permit, the Commission shall determine
that the identified criteria as outlined in KMC 14.20.150(e) Conditional Use Permits Review
Criteria are met.
Criteria 1: The use is consistent with the purpose of this chapter and the purposes and
intent of the zoning district.
Finding- The proposed expansion is consistent with the purpose of the Kenai Zoning
Code and Land Use Table. The land use table indicates an assisted living facility is a
conditional use; therefore, a conditional use permit may be granted for an assisted living
facility.
The RS Zone is intended to provide for medium density residential development in
areas which will be provided with common utility systems. The specific intent in
establishing this zone is:
(1) To separate residential structures to an extent which will allow for adequate light,
air, and privacy,
(2) To prohibit uses which would.
(A) Violate the residential character of the environment, -
Page 2 of 5
(B) Generate heavy traffic in predominantly residential areas.
The proposed addition will expand the operation of the assisted living facilities with
approved CUPs. There should be minimal traffic generated by the proposed addition. The
proposal includes a landscape plan that will provide a separation from adjoining properties
and will not violate the residential character of the area.
Criteria 2: The economic and noneconomic value of the adjoining property and
neighborhood will not be significantly impaired.
Findings: The economic and noneconomic value of adjacent properties would not be
significantly impacted by this change. A landscaping/site plan has been submitted and
will be reviewed by Planning staff for compliance. Site plan review will require an orderly
and safe development as well as landscaping to provide an attractive and functional
separation/screening between uses. The proposed access from Ponderosa Road may
increase traffic along Ponderosa Road but it is not anticipated that the proposed expansion
to an assisted living facility would generate heavy traffic. The development of the paved
right-of-way easement for access via Ponderosa Road may increase the development
potential of the adjacent vacant lot.
Criteria 3: The proposed use is in harmony with the Comprehensive Plan.
Findings: The Land Use Plan, from the 2016
Comprehensive Plan, identifies the subject property
with the Suburban Residential (SR) land use
In imagine Kenai 2030
classification. The SR Land Use Classification is
Comprehensive Plan, Chapter 6,
defined in the Comprehensive Plan:
"Goals, Objectives, and
Implementation", several goals and
Suburban Residential is intended for single-family
objectives are met from the
and multi -family residential uses that are urban or
proposed expansion.
suburban in character. The area will typically be
Goal 1 - Quality of Life is to
developed at a higher density; lots are typically
promote and encourage quality of
smaller; and, public water and sewer services are
life in Kenai.
required or planned. Some developments may be
required to construct streets to a paved standard
Objective Q-1
and larger subdivisions may be required to provide
Establish siting and design
sidewalks and public areas. Parrs and open space
standards so that development is
land uses may be considered appropriate.
in harmony and scale with
surrounding uses.
This property is located off of North Forest Drive, a
Goal 3 - Land Use is to develop
collector street, which provides access to multiple
land use strategies to implement a
neighborhoods. To the south of the development are
forward -looking approach to
Northgate Subdivision and the Church of the Latter
community growth and
Day Saints. The property to the north is undeveloped.
development.
Woodland Subdivision is located across North Forest
Drive. There are several institutional uses along Forest
Goal 5 - Provide transportation
Drive that complements the existing and surrounding
systems that are efficient and
uses.
adequate to serve the regional
needs of the community.
Page 3 of 5
Objective T-5
Transportation improvements
needed to serve new
developments shall be in place at
the time new development
impacts occur.
Criteria 4: Public services and facilities are adequate to serve the proposed use.
Findings: City water and sewer are available to serve the proposed addition. There are
adequate public services and facilities to serve the proposed expansion. North Forest is a
paved and City -maintained road. Access will also be provided from Ponderosa Road,
which will require a minimum 60-foot right-of-way easement on the adjacent property to
meet city standards.
Criteria 5: The proposed use will not be harmful to the public safety, health or welfare.
Findings_ An assisted living facility will not be harmful to public safety, health, or welfare.
The proposed expansion does not change the existing use. The proposal provides a
surplus of parking spaces and adequate landscaping that will minimize the impact to the
surrounding area. The proposed addition will not negatively affect the public safety, health
or welfare.
Criteria 6: Any and all specific conditions deemed necessary by the Commission to
fulfill the above -mentioned conditions. These may include, but are not limited to,
measures relative to access, screening, site development, building design, operation
of the use and other similar aspects related to the proposed use.
Findings. To minimize impact on adjacent properties with the proposed one-way access,
the following conditions are added.
• Maintain a safe and clear passage of the 10-foot vehicle access so it remains free of
obstruction and obstacles created by snow removal or the depositing of snow. Snow
removal must not be pushed onto another property.
• Prior to building permit issuance, provide an as -built survey to Planning & Zoning
Department for verification that a minimum of 20 feet width for vehicular access and
buffer are provided between the south building fagade and the south property line.
PUBLIC NOTICE
Pursuant to Kenai Municipal Code 14.20.280(c) notices of the public hearing for the conditional
use amendment were mailed to property owners within a three hundred -foot (300') periphery of
the subject property. City staff published notice of the public hearing in the Peninsula Clarion. City
staff submitted an Affidavit of Posting verifying a sign was placed on the parcel with information
on the public hearing for the conditional use permit amendment request.
No public comments have been received.
Page 4 of 5
- RECOMMENDATION
Staff finds that the proposed use meets the criteria for issuance of a Conditional Use Permit
amendment as set forth in subsections (e)(1) through (e)(6) of Kenai Municipal Code 14.20.150,
and hereby recommends that the Planning and Zoning Commission adopt Resolution PZ2023-05
approving the amendment to the Conditional Use Permit, subject to the original conditions in
CUPs (Resolution Nos. PZ12-22 and PZ15-24) and the following conditions:
Any development or use of the property shall comply with all applicable Federal, State of
Alaska, and City regulations regardless of whether or not the requirements are listed as
conditions for the approval of the Conditional Use Permit.
2. Upon request, the applicant or applicant's representative shall meet with City staff for an
on -site inspection.
3. Obtain a minimum 60-foot right of way easement on the adjacent property for ingress and
egress from/to Ponderosa Street.
4. Prior to building permit issuance, a landscape/site plan must be reviewed and approved
by the Planning and Zoning Department.
5. Maintain a safe and clear passage of the 10-foot vehicle access so it remains free of
obstruction and obstacles created by snow removal or the depositing of snow. Snow
removal must not be pushed onto another property.
6. Prior to building permit issuance, provide an as -built survey to Planning & Zoning
Department for verification that a minimum of 20 feet width for vehicular access and buffer
are provided between the south building fagade and the south property line.
7. Applicant must obtain a sign permit for the proposed monument sign.
ATTACHMENTS
Aerial Map
Application
Project Narrative
Plans
Renderings
Page 5 of 5
0�1
KENAI
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Resolution No. PZ2023-05
Conditional Use Permit Amendment
701 N. Forest Drive
KPB Parcel ID: 04321030
Subject Property
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Date
Map for Reference Only
NOT A LEGAL DOCUMENT
100 200 400 Feet
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City of Kenai
Planning and Zoning Department
Conditional Use Permit
210 FidalgaAvenue
Application
Kenai, AK 99611
(907) 283-8200
planning@kenai.city
www.kenai.city!planning
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Name: A S C-Z+c V V1 V a14 A\ t.LG
Mailing Address:
City:
State: lit \e-
Zip Code:
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Phone Number(s):
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Email:
Name:
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Zip Code:
Phone Number(s):
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Kenai Peninsula Borough Parcel # (Property Tax ID):
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Physical Address: -\Qk ri %KU a v- QQ. tG� � lc., ct wac.ot
_egal Description: 'jtZAcT 4X,2A k %a � 'C = ., T k Zq
?oning: 4.r aa► '��K.� t'C ��.
Acres:ie,
CONDITIONAL DESCRIPTION
(include site .. .. ..
LicenseJinplude State Business -.�=0=1".Pllanceitapplicable)amm
How is this property currently being used? ,<<,- e:- L„`.[ %.%4 Lo
Conditional Use Requested for (attach additional sheets if necessary):
Explain how the conditional use is consistent with purposes and intent of the zoning district of the property:
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Explain how the value of adjoining property and neighborhood will not be significantly impaired by the conditional
use:
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Use of surrounding property - north:
Use of surrounding property - south,
Use of surrounding property - east:
Use of surrounding property - west:
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Explain how the conditional use is in harmony with the City's Comprehensive Plan:
NAME A-.►J ccsx.c�S�tZo�t �y 't1,GLt�Ce C'�z cam=
public services and facilities on the property adequate to serve the proposed conditional use?
Explain how the conditional use will not be harmful to public safety, health, or welfare:
Are there any measures with access, screening, site development, building design, or business operation that will
lessen potential impacts of the conditional use to neighbors?
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AUTHORITY TO APPLY 11OR CONDITIONAL USE:
I hereby certify that (I am) (I have been authorized to act for) owner of the property described above and that I
petition for a conditional use permit in conformance with Title 14 of the Kenai Municipal Code. I understand that
payment of the application fee is nonrefundable and is to cover the costs associated with processing this
application, and that it does not assure approval of the conditional use. I also understand that assigned hearing
dates are tentative and may have to be postponed by Planning Department staff of the Planning and Zoning
Commission for administrative reaso . I u rsta 'that a site visit may be required to process this application.
City of Kenai personnel are a thor' to es a above -referenced property for the purpose of processing this
application.
Signature: Date: tct -. Zn ,&
Print Name: t e c%e. nory T' a/Business: t'7t r;;,_7
' For City a Only Dark Applica#ion Fee Received:
PZ Resolution Number:
Q-�
ASPEN
CREEK
S E N I OR L I V ING
February 27, 2023
Attention: Linda Mitchell Planning Director
Regarding: Aspen Creek Senior Living Kenai proposed addition and memory care
To whom it may concern:
Aspen Creek Senior Living acquired Charis Place on December 31, 2021. Since that time, we
have come to realize that our current physical facilities are lacking many of the amenities that
are needed for our seniors to enjoy life with purpose and activity.
Currently we have 24 units per building on our campus that will be joined with the proposed
addition. None of these buildings contain a development center, a beauty salon, a
theater/performing arts center, a gym for physical therapy, a reception center and most
importantly a memory care unit for individuals who are aging with this disease. At the moment
there is not a single specialized Alzheimer Dementia unit in the entire Peninsula. We are
committed to solve this absence and believe that the City of Kenai is the place to provide these
services for the extended needs of this Burrough.
Our proposed addition is just under 14,000 square feet and contains all of the above amenities
along with 15 specialized memory care units and an additional 2 assisted living suites bringing
our total to 65 units for the combined building. Additional parking and access is being proposed
for staffing, guests and delivery.
As can be seen by our site plan, we are desiring to provide two access drives allowing
traditional visitors and staff to park at the rear of the building for longer parking needs, and
temporary parking within an expanded parking area adjacent to Forest Road.
Buildings three and four will be dedicated for those living with us who are immobile and
needing end of life care as they age in place with us. Out of necessity we are seek to complete
the improvements that are shown on the attached easement by paving enough of this
easement to provide improved delivery and emergency access for our fire department through
Ponderosa Road on the West side of the site.
We look forward to working with you and seeing this project come to its completion spring of
2024.
Sincerely,
Douglas B. Clegg
CEO
Aspen Creek Senior Living
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