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HomeMy WebLinkAboutPSD-034-06 ClfJ!fflglOn REPORT PLANNING SERVICES PUBLIC MEETING Meeting: GENERAL PURPOSE AND ADMINISTRATION COMMITTEE Date: Monday, April 10, 2006 Report #: PSD-034-06 File #: COPA2003-014, By-law #: ZBAZ003-052 and S-C-2003-001 Subject: PROPOSED OFFICIAL PLAN AMENDMENT, REZONING AND PROPOSED DRAFT PLAN OF SUBDIVISION TO PERMIT THE DEVELOPMENT OF 77 RESIDENTIAL UNITS APPLICANT: COURTICE WOODS INC. RECOMMENDATIONS: It is respectfully recommended that the General Purpose and Administration Committee recommend to Council the following: 1. THAT report PSD-034-06 be received; 2. THAT the application to amend the Official Plan submitted by Courtice Woods Inc. be referred back to staff for further processing; 3. THAT the applications to amend the Zoning By-law and the proposed Draft Plan of Subdivision, submitted by Courtice Woods Inc. to permit the development of 77 residential units be referred back for further processing and the preparation of a subsequent report,and 4. THAT the applicant, Region of Durham, all interested parties listed in this report and any delegations be advised of Council's decision. Submitted by: () ("(-'2-.. L . Reviewed by: . '.i2 ---.J ~ Franklin Wu, Chief Administrative Officer D v J. Crome, M.C.I.P., R.P.P. Director of Planning Services TW/CP/DJC/df 29 March 2006 CORPORATION OF THE MUNICIPALITY OF ClARINGTON 40 TEMPERANCE STREET, BOWMANVILLE, ONTARIO L 1C 3A6 T (905)623-3379 F (905)623-0830 REPORT NO.: PSD-034-06 PAGE 2 1.0 APPLICATION DETAILS 1.1 Applicant: Courtice Woods Inc. 1.2 Official Plan Amendment: The applicant has submitted an application requesting the following amendments to the Clarington Official Plan: · Amend Map A2 (Land Use) by deleting the Public Elementary and Medium Density Residential requirements from the subject property. · Amend Map E1 by changing the population allocation of the Worden Neighbourhood from 4000 to 3900. · Amend Table 9-2 by decreasing the housing target for the Worden Neighbourhood to reflect the following: i) 125 medium density units to 85 units ii) Total from 1400 units to 1360 units; and iii) Amending all corresponding totals. 1.3 Proposed Draft Approved Plan of Subdivision: The proposed Draft Plan of Subdivision submitted includes 77 residential units consisting of 55 single detached dwellings, 11 lots for 22 semi-detached dwellings and a 5.77 ha Park Block. 1.4 Rezoning: To change the current zoning to permit the development of the proposed Draft Plan of Subdivision. 1.5 Site Area: 11.45 hectares (28.3 acres) 2.0 LOCATION 2.1 The subject lands are located east of Old Varcoe Road, north of Centrefield Drive, being Part Lot 34, Concession 3 in the former Township of Darlington (Attachment 1). 3.0 SITE CHARACTERISTICS AND SURROUNDING LAND USES 3.1 The subject site is currently vacant. The east half of the subject property is covered with a mixed forest woodlot, and west half is covered with grasses and shrubs. Site inspections conducted during the review of the original 2003 applications noted that the woodlot exhibited evidence of extreme wetness; standing water and spongy ground conditions. The woodlot has been identified as part of a provincially significant wetland complex. REPORT NO.: PSD-034-06 PAGE 3 3.2 Surrounding Uses: North South - East West Open space and single detached dwellings Residential, single detached dwellings Residential, large lot single detached dwellings Residential, large lot single detached dwellings, Harmony Creek and associated valley lands 4.0 BACKGROUND 4.1 On November 21, 2003 Staff received applications to amend the Clarington Official Plan and Zoning By-law along with an application requesting approval of a Draft Plan of Subdivision. A Public Meeting was held on January 29, 2004. A number of residents attended with two common concerns; proposed removal of the tableland woodlot and the requirement for a Watershed Study. Planning Services, Engineering Services and CLOC staff subsequently met with residents and clearly explained that the Master Drainage Plan previously completed for the area fulfilled this requirement for a Watershed Study. Section 20.2.3 of the Official Plan allows for previously approved master drainage plans to substitute for the requirement of a sub-watershed plan. 4.2 In 1986, the previous owners, Walter Schleiss and Raymond Holland submitted an application for draft plan approval 18T-86068 consisting of 102 residential units. The application was submitted concurrently with an application to amend the former Neighbourhood Plan for Courtice West which requested the removal of the "Minor Open Space" designation from the woodlot to allow residential development. In 1988, 13 lots fronting onto Centrefield Drive were draft approved, the balance of the site was deferred pending the submission of a study to determine the impacts on the woodlot. No such study was received. 4.3 The adoption of the Clarington Official Plan in 1996 designated the east half of the site as Environmental Protection Area in consideration of the tableland woodlot and hazard land feature. Subsequently, Council requested the Region of Durham to refuse and close the draft plan of subdivision application because it did not conform to the newly approved Clarington Official Plan. The Region unfortunately, as an oversight did not close the file. 4.4 In June 2003, within the context of Staff Report PSD-061-03 entitled - "Recommended Disposition of Outstanding Applications for Official Plan Amendments, Zoning By-law Amendments and Draft Plans of Subdivision", Council endorsed a recommendation that draft plan of subdivision 18T-86068 be refused and closed without prejudice. The subject property was subsequently sold and the new owners submitted the development applications described in the chart of Section 4.7 within this report. 4.5 In November 1989, Council adopted a resolution suspending all decisions on existing and future subdivision and rezoning applications pending the results of a Need and Route Study for the extension of Adelaide Avenue. The 1991 Durham Region Official Plan recognized this need by identifying Adelaide Avenue as extending from Townline Road to Courtice Road. REPORT NO.: PSD-034-06 PAGE 4 In June 2004, the Region of Durham initiated an Environmental Assessment for the extension of Adelaide Avenue from Townline Road to Trulls Road. The purpose of the Study was to assess the need for the extension, identify the effects on the environment of alternative solutions and the design alternatives, and to identify the preferred alternative. The Study completed on November 18, 2005, recommended the construction of a three (3) lane urban/semi-urban road extension from Townline Road to Trulls Road with a culvert bridge crossing over Harmony and Farewell Creeks. The existing McLean Road right-of-way would be incorporated into the proposed Adelaide Avenue right-of-way. A local resident has requested that the Minister of the Environment (MOE) make an order for the project to comply with part II of the Environmental Assessment Act. The primary concerns identified in the request was the crossing of the road through a provincially significant wetland, roads that may cause groundwater contamination and land pollution by spreading invasive species into environmentally sensitive areas and the use of culverts instead of free span bridges in proximity to fish spawning grounds. The Region is awaiting acknowledgement from the MOE as to when they expect to review the Part II order request. Until the MOE makes a decision on the request, the route for the Adelaide Avenue extension is not finalized. 4.6 On January 23, 2006, the applicant submitted revised applications in response to the release of the Harmony-Farewell Iroquois Beach Provincially Significant Wetland (PSW) in September 2005. The new PSW identifies the woodlot on the subject property as a wetland. The applicant has revised the applications by limiting development, for the most part outside of the wetland area. 4.7 In December 2005, the Kawartha Pine Ridge District School Board indicated verbally to staff, that a Public Elementary School site would not be required on these lands as designed in the Clarington Official Plan. The revised application is reflective of this conversation by the proposed deletion of the Public Elementary School provisions from the Official Plan. 4.8 The following chart illustrates the differences between the November 21, 2003 proposed plan of subdivision and the current proposal submitted on January 23, 2006. REPORT NO.: PSD-034-06 PAGE 5 7 62 10 22 22 28 127 77 5.58 4.07 5.77 2.01 0.73 0.02 1.01 0.37 0.03 0.07 2.03 1.21 11.45 11.45 5.0 PROVINCIAL POLICY STATEMENT 5.1 The subject applications were submitted prior to the release of the new Provincial Policy Statement (PPS) on March 1, 2005, therefore the policies of the 1997 PPS are applicable. The 1997 PPS states that no development will take place in a significant wetland. Development may be permitted adjacent to significant wetlands, and within or adjacent to significant woodlands and significant valleylands if it has been demonstrated that there will be no negative impacts on the natural features, or on their ecological functions. It is stated that the connections between natural features should also be maintained and enhanced. An Environmental Impact Study is being conducted to determine if the application has regard for the natural heritage policies of the PPS. The applications have regard for the Housing Policies of the PPS. Planning authorities are to provide for a range of housing types and densities with a ten year supply of lands which are designated, and a three year supply of serviced lands within draft approved and registered plans. 6.0 OFFICIAL PLAN POLICIES 6.1 Durham Reaion Official Plan The lands are designated as Living Area within the Durham Regional Official Plan. Lands designated as Living Area permit the development of communities with defined boundaries, incorporating the widest possible variety of housing types, sizes and tenure. The north boundary of the subject property is bounded by the future extension of REPORT NO.: PSD-034-06 PAGE 6 Adelaide Avenue, which is designated as a Type "C" Arterial. The proposed uses appear to conform to the Plan. 6.2 C/arinaton Official Plan In the Clarington Official Plan, the subject lands are designated as Urban Residential and Environmental Protection Area. A Medium Density Symbol and a Public Elementary School symbol are also identified on the subject lands. The lands are within the Worden Neighbourhood, which has a population target of 4000 people and a housing target of 1400 units. The extension of Adelaide Avenue is a Type B Arterial, and the future extension of Varcoe Road is a Collector Road. The applicant is requesting that the provisions for the medium density symbol and public elementary schools be deleted from these lands. Low Density residential uses shall be developed between 10-30 units per net residential hectare. The predominant housing form shall be single detached, semi-detached/link and duplex to a maximum height of 2.5 storeys. An Environmental Impact Study (EIS) shall be undertaken for development applications located on lands within or adjacent to the Lake Iroquois Beach, or any natural heritage feature identified on Map C. An EIS is also required where development proposals are located within 120 metres of the boundary of a wetland or a wetland complex. The Municipality, in consultation with the Region of Durham and the Conservation Authority have completed the Terms of Reference for this study which is currently underway by Niblett Environmental Associates. The expense of the study shall be borne by the proponent. 7.0 ZONING BY-LAW 7.1 Within Comprehensive Zoning By-law 84-63 as amended the lands are zoned "Environmental Protection (EP)" and "Holding-Urban Residential Type One ((H}R1)" . A zoning by-law amendment will be required in order for development to proceed. 8.0 PUBLIC NOTICE AND SUBMISSIONS 8.1 Public Notice was given by mail to each landowner within 120 metres of the subject site. Public Meeting signs were installed at two locations, one on Centrefield Drive, the other where Old Varcoe Road and Centrefield Drive diverge. 8.2 Staff received two enquiries from residents who reside in the vicinity of the subject site prior to the writing of this report. Mr. and Mrs. Gannon expressed their satisfaction with the revised proposal. Particularly that the majority of the woodlot is to be preserved and the housing form consists of only single and semi-detached/link dwellings. REPORT NO.: PSD-034-06 PAGE 7 Mr. Rayner who lives on the west side of Old Varcoe Road, opposite to the proposed lot 31 indicated that he did not want anything built on that lot. When he purchased his home in 1987, he was advised by his Real Estate agent and Developer that nothing would be built across from his house. Staff advised Mr. Rayner that this area had been designated for Residential development prior to his purchase and the current proposed lot 31 is similar to the previous proposal submitted by Schleiss and Holland in 1986 (18T-86068). 8.3 A submission in opposition to the proposal was received from John Farrell on behalf of a group of residents in the Courtice area called Courtice Living Environmentally Aware Neighbours (CLEAN). The following summarizes the concerns of this group: . The 1994 Environmental Impact Study for the Courtice Major Urban Area references a need to maintain connectivity of wildlife corridors. CLEAN believes the subject property is an integral part of the east-west linkage between Farewell and Harmony Creeks. . Lots 1 to 5 and 14 to 20 encroach onto a portion of the land identified as Wetland # 50 in the Provincially Significant Harmony-Farewell Iroquois Beach Wetland Complex and should not be disturbed for the purpose of this subdivision plan. . Objection to residential development of the lands identified in the Official Plan for a public elementary school as neighbourhood public schools are overcrowded to the point where they are required to install portable classrooms to accommodate the student body. Given the ongoing residential development in the area it wouldn't be prudent for the Municipality of Clarington to allow the property to be used for any other purpose than that of a public elementary school. 9.0 AGENCY COMMENTS 9.1 Comments are outstanding from the following departments and agencies: . Public School Board . Separate School Board . Region of Durham Planning Department . Region of Durham Works Department . Canada Post Corporation . CMHC 9.2 Clarington Emergency Services, Region of Durham Health Department, Bell Canada, Rogers Cable and Hydro One Networks Inc., offered no comments or objections on the applications. 9.3 The Central Lake Ontario Conservation Authority indicated that until the Environmental Impact Study (EIS) is completed and Adelaide Avenue extension/alignment has been finalized, they are not in a position to comment favourably on the applications. Niblett Environmental Associates Inc. are currently undertaking the EIS. REPORT NO.: PSD-034-06 PAGE 8 9.4 Enbridge Gas Distribution Inc. requested standard conditions be included in the subdivision agreement. 9.5 The Engineering Services Department provided comments on the applications that need to be addressed prior to further consideration. These include: The location of the Adelaide Avenue extension must be confirmed by the Region of Durham. Until Adelaide Avenue is constructed, Varcoe Road would be the only road providing access to the subdivision. Timing of any development of the subject lands will be restricted by the number of external roads and road accesses that are available. Full development of the draft plan will require that Adelaide Avenue be constructed in a manner that provides functional connections to other arterial roads. The specific lots available for building permits at any time will be determined at the engineering stage and shall be at the sole discretion of the Director of Engineering Services. Varcoe Road is identified as a collector street in the Official Plan. Future versions of the draft plan must show Varcoe Road as a collector street with a 26.0 metre wide road allowance. The road must have a minimum centreline radius of 135.0 meters. Lot 31 (and potentially some lots north of Lot 31) were identified as potentially being unsuitable for residential building purposes. The applicant must submit a detailed grading plan with cross sections in support of Lot 31. The required plan must demonstrate that the aforementioned road widening and the topography of Lot 31 are suitable for the construction of a residential dwelling. The lots north of Lot 31 may require a submission of the same level of detail. Fencing may be required along the rear lot line of these lots. The subject lands are potentially tributary to existing storm sewer works constructed on Varcoe Road. The storm sewer works on Varcoe Road have been oversized to accommodate development of the subject lands and have been constructed by a developer who has entered into a development agreement with the Municipality. As a condition of the subdivision agreement entered into between the Municipality and Walter Schleiss and Raymond D. Holland the Municipality has agreed to endeavour to collect an appropriate share of the cost of oversized storm sewer works from future upstream developers. The applicant must provide the Engineering Department with a Stormwater Management Implementation Report which provides for the sequential construction of the stormwater management works necessary for the entire watershed and addresses the impacts of developing this plan of subdivision in the absence of the balance of the watershed. This report shall be subject to the approval of the Director of Engineering Services. That applicant will be required to provide a Master Drainage Study that is satisfactory to the Director of Engineering Services and CLOC. The applicant's engineer will be required to prepare a Preliminary Lot Grading and Drainage Plan that details the configuration of the on-site storm sewer system (minor REPORT NO.: PSD-034-06 PAGE 9 system) and the conveyance of the overland flow (major system) from the subject lands. The required plan will be subject to the approval of the Director of Engineering Services prior to the approval of this draft plan. Block 67 is labeled as Park Block on the plan but this area is actually Environmentally Protected land. The Municipality will not accept Environmentally Protected land as parkland dedication. The developer will still be required to provide their 5% park dedication through suitable parkland or cash in lieu. Fencing will be required along the rear lot line of the lots backing onto the open space. 10.0 STAFF COMMENTS 10.1 Due to the proximity of the proposed development to the Harmony-Farewell Iroquois Beach PSW, the tableland woodlot, Lake Iroquois Beach, and Harmony Creek and its associated valleylands, an Environmental Impact Study is required. Niblett Environmental Associates have begun work on the EIS. A steering committee comprised of the Region of Durham, Central Lake Ontario Conservation Authority, a citizen representative and the applicant has been established to assist Staff with the review of the EIS. Completion of the EIS is anticipated for late June. 10.2 The 2000 Land Acquisition Strategy identifies the tableland woodlot as not developable due to it's Environmental Protection designation in the Official Plan. As such, the Land Acquisition Strategy recommends these lands be dedicated through the development application process. Block 97 should be labeled as Open Space rather that Park, as it better reflects the intent of the Official Plan and Land Acquisition Strategy to protect natural heritage features to facilitate passive recreational activities. 10.3 The Durham Region Official Plan, designates Adelaide Avenue as an important part of the arterial road network extending to Courtice Road. The Clarington Official Plan, as approved in 1996, incorporated the Adelaide Avenue extension. 10.4 On November 18, 2005, the Region of Durham issued a Notice of Completion for the Adelaide Avenue Extension Environmental Assessment (EA). However, a request has been submitted to the Ministry of the Environment (MOE) to make an order for the project to comply with Part II of the Environmental Assessment Act. The Adelaide Avenue extension is on hold until the MOE makes a decision on the Part II order request. Until the Part II order request for the Adelaide Avenue EA is dealt with, the plan of subdivision cannot be completed without prejudice to the EA. 10.5 The subdivision proposes eleven, 18.0 metre frontage link lots, creating 22, 9.0 metre frontage parcels on the extension of Varcoe Road just south of the intersection of the proposed Adelaide Avenue alignment. Staff are concerned that this creates a number of individual access points in close proximity to the intersection with the Type C arterial road. The smaller frontage lots should be relocated. Additionally, the Municipality is no longer accepting link lots in new plans of subdivision. Link lots are marketed as single REPORT NO.: PSD-034-06 PAGE 10 detached dwellings and create confusion among the purchasers. Staff will support traditional semi-detached units based on 18 metre minimum frontages or single detached dwellings based on a 10 metre minimum frontage lot. 11.0 CONCLUSIONS 11.1 The purpose of this report is to satisfy the Public Meeting requirements under the Planning Act and taking into consideration the outstanding comments, staff respectfully request that this report be referred back to staff for further processing and the preparation of a subsequent report. Attachments: Attachment 1 - Location Map Attachment 2 - Clarington Official Plan Amendment Attachment 3 - Adelaide Avenue Extension Interested parties to be notified of Council and Committee's decision: Mr. Phil Litowitz Mr. Ian Roher Mr. Shawn Goldenberg Sernas Associates Mr. Brian McAuley Ms. Natalie Nowosad Mr. John Farrell Mr. Michael Strahl Ms. Nancy Strahl Mr. Mario Popov Mr. Michel Roy Mr. Dan Piper Ms. Libby Racansky Cor Eysermans Alice and Sharon Blacklock Nellie and John Nekkers John O'Toole MPP (Durham East) Neil Verbeek Dr. Rose-Anne Viera Mr. Duvel Wendy Gallagher Mike and Sandra March Katie Wrigley John Nekkers Linda Gasser Michel Roy Richard K. Williamson & Anita Anastacio Attachment 1 To Report PSD-034-06 ---- "".->\ " " ~ " 0 .. <{ 0 " '" w .. 0 u .. '" <{ > 0 --' 0 BLOCK 70 RETAINED BY OWNER 0.03ha. ---- -- ---&.8mR'lElIPORARY l\JRNlNG 0''''' -------- PROPOSED ADELAIDE A VENUE EXTENSION --- ------ ---- ~- --- BLOCK 69 PROPOSED ADELAIDE AVENUE EXTENSION Q.Olho. !. ~ ~ < :~ l , BLOCK 67 PARK 5.77ha. i ~ ~ Q 0' <l: !.!f ~ s CEN-""" 'cRFIELD DRIVE \..I>-\<'"J ~'v<:J ci' rI 4 e " o z Courtice Key Map 'D. COPA 2003-014 Clarington Official Plan Amendment SC-2003-001 Draft Plan of Subdivision ZBA2003-052 Zoning By-law Amendment <5'4r CRT. ~EYNOLDS ~ o . w o ~ ~ CL NASH Owner: Courtice Woods Inc. , PURPOSE: LOCATION: BASIS: ACTUAL AMENDMENT: Attachment 2 To Report PSD-034-06 Attachment NO.1 AMENDMENT NO. TO THE CLARINGTON OFFICIAL PLAN The purpose of this amendment to the Clarington Official Plan is to delete a public elementary school symbol and a medium density residential symbol in the Worden neighbourhood, and to adjust the neighbourhood housing targets accordingly. The subject site is located east of Old Varcoe Road, south of Block 100 road allowance (future Adelaide Road East extension), west of Tooley Road and north of Centerfield Drive, and is contained within part of lot 34, Concession 3, in the former Township of Darlington. This amendment is based on Council's consideration of an Official Plan Amendment Application (COPA 2003-014) submitted by Semas Associates on behalf of Courtice Woods Inc. The Clarington Official Plan is hereby amended as follows: (i) By amending Map "A2", as indicated on Schedule 'A' attached to this amendment. (ii) By amending Map "E1", as shown in Schedule '8' attached to this amendment. (iii) By amending Table 9-2 by: a. Adjusting the housing targets for the Worden neighbourhood (N3) as follows: Medium density units from "125" to "85" Total housing units from "1400" to "1360" b. Adjusting the housing totals for the Courtice area as follows: Total medium density units from "1625" to "1585" Total housing units from "12918" to "12878" The applicable lines of Table 9-2 shall read as follows: Table 9-2 Housina Taraets bv Neiahbourhood Urban Area Neiahbourhoods Housinq Units Residential Units Central Areas Intensification Low Medium High Medium Hiah 1175 85 0 0 0 8775 1585 125 110 250 Total Courtice N3 Worden TOTAL 100 1360 2033 12878 INPLEMENTATION: The provisions set forth in the Municipality of Clarington Official Plan, as amended regarding the implementation of the Plan shall apply to this amendment. INTERPRETATION: The provisions set forth in the Municipality of Clarington Official Plan, as amended regarding the interpretation of the Plan shall apply to this amendment. I I I. I I 3 ~ 'it ..,. " ill 3 :I I it ~ :I ,. I I . .~ , SCHEDULE 'B' TO AMENDMENT NO. TO THE CLARINGTON OFFICIAL PLAN ---=0 i~ , I~ ,< x , ~I .q Q 9 ~ PENfOUND ... (3500) 1 12 I:J '" Q. 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