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HomeMy WebLinkAboutDocumentation_Regular_Tab 13_10/9/2025 Agenda Item #13. Regular Council STAFF MEMO x Meeting: Regular Council - Oct 09 2025 Staff Contact: Jay Hubsch Department: Community Development WMIM ORDINANCE NO. 11-25, FIRST READING AN ORDINANCE OF THE VILLAGE COUNCIL OF THE VILLAGE OF TEQUESTA, FLORIDA, ADOPTING A SMALL SCALE AMENDMENT TO ITS COMPREHENSIVE DEVELOPMENT PLAN IN ACCORDANCE WITH THE MANDATES SET FORTH IN SECTION 163.3187, ET SEQ., FLORIDA STATUTES, PURSUANT TO A PRIVATELY- INITIATED APPLICATION FLU-02-25 WHICH PROVIDES FOR AN AMENDMENT TO THE FUTURE LAND USE MAP, DESIGNATING TWO POINT ONE TWO SEVEN ONE (2.1271) ACRES, MORE OR LESS, OF REAL PROPERTY AS LOW DENSITY RESIDENTIAL; WHICH PROPERTY IS LOCATED AT 19626 RIVERSIDE DRIVE; PROVIDING FOR COMPLIANCE WITH ALL REQUIREMENTS OF CHAPTER 163, FLORIDA STATUTES; PROVIDING A CONFLICTS CLAUSE AND A SEVERABILITY CLAUSE; PROVIDING AN EFFECTIVE DATE; AND FOR OTHER PURPOSES. Background In April 2025, Village staff met with Amy and Rob Swan, owners of the property located at 19245 North Riverside Drive, a parcel in unincorporated Palm Beach County that is bordered on three sides by the Village's municipal boundaries. The property is identified as part of Annexation Area C in the Village's Potential Annexation Area Map, which is incorporated into the Comprehensive Plan. The property has a site plan that was approved by Palm Beach County on March 4, 2025. The site plan contains eight single family lots, a small passive park, and a dry retention area. The Swans indicated that the site plan approval process with Palm Beach County was lengthy and costly. As such, they did not want to have to go through the process again if they opted to annex into the Village. Village staff, in consultation with the Village Attorney, confirmed that the existing site plan was able to be adopted as part of the annexation process. The approved site plan had 3.75 units per acre, which is below the Village's allowed residential density of 5.4 units per acre in the low-density residential district. The Swan's submitted a petition for voluntary annexation into the Village in May 2025. The annexation was finalized at the August 12, 2025, Village Council meeting, which included the adoption of the previously approved site plan. The Village must now assign Future Land Use and Zoning designations to the property. Future Land Use Map Amendment The subject property is located along Riverside Drive, immediately north of a Village-owned dry retention area planned as Phase 3 of Remembrance Park. To the north and east lies the Tequesta Pines subdivision, which carries the Low-Density Residential Future Land Use designation, the Page 496 of 735 Agenda Item #13. lowest-density residential category in the Village. Much of the surrounding neighborhood shares this designation, reinforcing the area's established character. Staff finds that assigning the property a Low-Density Residential Future Land Use designation is appropriate, as it is consistent with both surrounding land use patterns and the previously approved site plan. Planning and Zoning Board Meeting At their September 18, 2025, meeting, the Planning and Zoning Board sitting as the Local Planning Agency voted 5-0 to recommend approval of Ordinance 11-25. This document and any attachments may be reproduced upon request in an alternative format by completing our Accessibility Feedback Form, sending an e-mail to the Village Clerk or calling 561- 768-0443. BUDGET • - • BUDGET AMOUNT n/a AMOUNT AVAILABLE n/a EXPENDITURE AMOUNT: n/a FUNDING SOURCES: n/a IS THIS A PIGGYBACK: ❑ Yes ❑ N/A DID YOU OBTAIN 3 QUOTES? ❑ Yes ❑ N/A QUOTE 1 - BUSINESS NAME Agenda Memo QUOTE AMOUNT 4 #25-204 QUOTE 2 - BUSINESS NAME Agenda Memo QUOTE AMOUNT4 #25-204 QUOTE 3 - BUSINESS NAME Agenda Memo QUOTE AMOUNT 4 #25-204 COMMENTS/EXPLANATION ON SELECTIONn/a Ordinance 11-25 Ordinance 11-25 Staff Report Annexation Report Page 497 of 735 Agenda Item #13. ORDINANCE NO. 11-25 AN ORDINANCE OF THE VILLAGE COUNCIL OF THE VILLAGE OF TEQUESTA,FLORIDA,ADOPTING A SMALL SCALE AMENDMENT TO ITS COMPREHENSIVE DEVELOPMENT PLAN IN ACCORDANCE WITH THE MANDATES SET FORTH IN SECTION 163.3187,ET SEQ.,FLORIDA STATUTES, PURSUANT TO A PRIVATELY-INITIATED APPLICATION FLU-02-25 WHICH PROVIDES FOR AN AMENDMENT TO THE FUTURE LAND USE MAP, DESIGNATING TWO POINT ONE TWO SEVEN ONE (2.1271) ACRES, MORE OR LESS, OF REAL PROPERTY AS LOW DENSITY RESIDENTIAL; WHICH PROPERTY IS LOCATED AT 19626 RIVERSIDE DRIVE; PROVIDING FOR COMPLIANCE WITH ALL REQUIREMENTS OF CHAPTER 163,FLORIDA STATUTES;PROVIDING A CONFLICTS CLAUSE AND A SEVERABILITY CLAUSE; PROVIDING AN EFFECTIVE DATE; AND FOR OTHER PURPOSES. WHEREAS,the State Legislature of the State of Florida has mandated that all municipalities draft and adopt comprehensive development plans to provide thorough and consistent planning with regard to land within their corporate limits; and WHEREAS, all amendments to the comprehensive development plan must be adopted in accordance with detailed procedures which must be strictly followed; and WHEREAS, the Village of Tequesta, Florida, has received privately-initiated application #FLU 02-25 requesting a small-scale amendment to the Comprehensive Development Plan of the Village of Tequesta to designate two parcels of land more thoroughly described in"Exhibit A" of this ordinance amounting to two point one two seven one(2.1271) acres located at 19626 Riverside Drive, Tequesta Florida 33469 as "Low Density Residential" on its land use map; and WHEREAS, the Village of Tequesta, Florida,has carefully prepared an amendment to its comprehensive development plan in order to amend the Future Land Use Map relating to the Low Density Residential future land use designation for the parcels located at 19626 Riverside Dr; and WHEREAS, the Village of Tequesta has held all duly required public hearings in accordance with Chapter 163.3187, Florida Statutes; and WHEREAS, the Village Council desires to adopt the amendment to the current comprehensive development plan to guide and control the future development of the Village,and to preserve,promote and protect the public health, safety and welfare. - 1 - Page 498 of 735 Agenda Item #13. NOW, THEREFORE, BE IT ORDAINED BY THE VILLAGE COUNCIL OF THE VILLAGE OF TEQUESTA, FLORIDA, THAT: Section 1: The Village Council of the Village of Tequesta, Florida, hereby adopts the amendment to its current comprehensive development plan; by providing for the land use designation of "Low Density Residential"for two point one two seven one(2.1271)acres more or less, located at 19626 Riverside Drive, and amending the Village's Future Land Use Map accordingly; which amendment consists of changing the existing map to reflect the change notated on the attached"Exhibit B" and made a part hereof and of the current comprehensive development plan. Section 2: A copy of the comprehensive development plan,as amended,is on file in the office of the Village Clerk, Village of Tequesta, Florida. Section 4: Each and every other section and subsection of the Village of Tequesta Comprehensive Plan shall remain in full force and effect as previously adopted. Section 5: All ordinances or parts of ordinances in conflict be and the same are hereby repealed. Section 6: Should any section or provision of this Ordinance or any portion thereof,any paragraph, sentence or word be declared by a court of competent jurisdiction to be invalid, such decision shall not affect the validity of the remainder of this Ordinance. Section 7: The effective date of this plan amendment shall be thirty-one (31) days following adoption of this Ordinance by the Village of Tequesta. No development orders, development permits,or land uses dependent on this amendment may be issued or commence before it has become effective. If the Ordinance is timely challenged by an"affected person" as defined in Chapter 163,Florida Statutes,the amendment does not become effective until a final order is issued finding the amendment in compliance. FIRST READING this day of , 2025. SECOND AND FINAL READING this day of , 2025. - 2 - Page 499 of 735 Agenda Item#13. gg x x F��fg4 dlt 8 } ggv a a a¢ <E <e ?y x g F okg ok• J�• ��e W �:��-� > �aLL P3 ", aoo .00'OSZ M.99.9Z.00N � � a gg s�.pig � $ Rag g 11Ca1 Y imml .r M Yn a3�`e�[�gt`,a IM a i;H toR ��g $ ; gaii7ai : g Y maY ill 7P ..........€.. �� rya �i{9�f��al= m o p ! 1, �:� o .�...... y �a Ell ? qFg g u A. rE / Ra �Gt3wI.Beaos ay R'BS At o0x�_ la).Bo'aos iw.K.B�.WN� ��asuGl R'os5 A�3�i B�ory Iwl.eO'BBS / � eornaww s=gj4i J�a gg SS O - 2 as w� a ova -04�s _ o m >I� I/ I I I r Page 500 of 735 Agenda Item #13. +, w ' Pb co u 0 Ylp F 06 , U O O , O j O " Q u7 O z CD 41 Cfl -0 W CY) r— C C6 J f U) O 0- 0 co 5- co J Page 501 of 735 Agenda Item #13. VILLAGE OF TEQUESTA 3 Department of Community Development Staff Report—Local Planning Agency (LPA) Petition Description- ORDINANCE 11-25 Owner: Robert &Amy Swan Request: Future Land Use Map Amendment, Ordinance 11-25 ORD 11-25 AN ORDINANCE OF THE VILLAGE COUNCIL OF THE VILLAGE OF TEQUESTA, FLORIDA, ADOPTING A SMALL SCALE AMENDMENT TO ITS COMPREHENSIVE DEVELOPMENT PLAN IN ACCORDANCE WITH THE MANDATES SET FORTH IN SECTION 163.3187, ET SEQ., FLORIDA STATUTES, PURSUANT TO A PRIVATELY-INITIATED APPLICATION FLU-02-25 WHICH PROVIDES FOR AN AMENDMENT TO THE FUTURE LAND USE MAP, DESIGNATING TWO POINT ONE TWO SEVEN ONE (2.1271) ACRES, MORE OR LESS, OF REAL PROPERTY AS LOW DENSITY RESIDENTIAL; WHICH PROPERTY IS LOCATED AT 19626 RIVERSIDE DRIVE; PROVIDING FOR COMPLIANCE WITH ALL REQUIREMENTS OF CHAPTER 163, FLORIDA STATUTES; PROVIDING A CONFLICTS CLAUSE AND A SEVERABILITY CLAUSE; PROVIDING AN EFFECTIVE DATE; AND FOR OTHER PURPOSES. Location: 19626 Riverside Drive, Tequesta FL 33469 PCN: 00-42-40-25-00-000-1230 Background In April 2025, Village staff met with Amy and Rob Swan, owners of the property located at 19245 North Riverside Drive, a parcel in unincorporated Palm Beach County that is bordered on three sides by the Village's municipal boundaries. The property is identified as part of Annexation Area C in the Village's Potential Annexation Area Map, which is incorporated into the Comprehensive Plan. The property has a site plan that was approved by Palm Beach County on March 4, 2025. The site plan contains eight single family lots, a small passive park, and a dry retention area. The Swans indicated that the site plan approval process with Palm Beach County was lengthy and costly. As such, they did not want to have to go through the process again if they opted to annex into the Village. Department of Community Development pg. 1 Page 502 of 735 Agenda Item #13. Village staff, in consultation with the Village Attorney, confirmed that the existing site plan was able to be adopted as part of the annexation process. The approved site plan had 3.75 units per acre, which is below the Village's allowed residential density of 5.4 units per acre in the low- density residential district. The Swan's submitted a petition for voluntary annexation into the Village in May 2025. The annexation was finalized at the August 12, 2025, Village Council meeting, which included the adoption of the previously approved site plan. The Village now must now assign Future Land Use and Zoning designations to the property. Adjacent Properties EXISITING LAND FUTURE LAND ZONING USE USE SUBJECT PROPERTY Vacant Residential, Residential, Low Density Low Density (PBC) (PBC) North Low Density Low Density R-1 Single Family Tequesta Pines Residential Residential South Recreation & Recreation & R-1 Single Family Tequesta Dry Retention Open Space Open Space East Low Density Low Density R-1 Single Family Tequesta Pines Residential Residential West NA NA N/A Riverside Drive Future Land Use Map Amendment The subject property is located along Riverside Drive, immediately north of a Village-owned dry retention area planned as Phase 3 of Remembrance Park. To the north and east lies the Tequesta Pines subdivision, which carries the Low-Density Residential Future Land Use designation, the lowest-density residential category in the Village. Much of the surrounding neighborhood shares this designation, reinforcing the area's established character. Staff finds that assigning the property a Low-Density Residential Future Land Use designation is appropriate, as it is consistent with both surrounding land use patterns and the previously approved site plan. Department of Community Development pg. 2 Page 503 of 735 Agenda Item #13. Consistency with Comprehensive Plan The requested Future Land Use Map Amendment is consistent with the following Comprehensive Plan goals, policies, and objectives: Future Land Use Objective 1.15.0: The Village should consider annexation of neighboring areas that are consistent with the character of the community, which can be provided facilities and services consistent with the levels of service standards established by the Village, and which discourage urban sprawl. Future Land Use Policy 1.15.2: Annexation of unincorporated enclave areas shall be pursued consistent with Florida Statutes ensuring the provision of Village services. Future Land Use Policy: 1.3.2: Maintain the quality of existing single family neighborhoods by prohibiting commercial and high density residential development in these areas. Concurrency Analysis Prior to annexation, the Village completed an annexation report in compliance with Florida Statutes to confirm adequate service capacity. The report determined that the Village has sufficient infrastructure and public facilities to accommodate the property. Assigning the Low- Density Residential Future Land Use designation ensures the lowest-intensity classification available, maintaining consistency with surrounding neighborhoods while safeguarding service levels. Summary The proposed amendment is compatible with surrounding residential uses and supports the Village's adopted annexation policies. By designating the subject property Low-Density Residential Future Land Use, the Village will maintain the character of adjacent neighborhoods, ensure consistency with the approved site plan, and advance Comprehensive Plan objectives for managed growth. If the Local Planning Agency finds that the proposed Future Land Use Map Amendment is compatible with adjacent development and consistent with the Comprehensive Plan, it shall recommend approval to the Village Council. Department of Community Development pg. 3 Page 504 of 735 Agenda Item #13. Village of Tequesta 345 Tequesta Drive 561-768-0700 Tequesta, FL 33469 www.tequesta.org Annexation Report Prepared in accordance with Florida Statutes §171.042 Municipality: Village of Tequesta Proposed Annexation Area: Hawk's Cove Date: May 16, 2025 1. Introduction This annexation report is prepared pursuant to Section 171.042, Florida Statutes, which requires a municipality proposing the annexation of unincorporated territory to prepare a report addressing the plan for extending municipal services and the impact of annexation. 2. Description of the Area to be Annexed • Location: The area proposed for annexation lies on Riverside Drive, between County Line Road and Tequesta Drive in unincorporated Palm Beach County, Florida. • PCN: 00-42-40-25-00-000-1230 • Size: Approximately 2.1271 acres • Current Land Use: Vacant with approved site plan for 8 single-family homes • Future Land Use Designation (County): Residential, Low Density • Proposed Land Use Designation (City): Low Density Residential Map and legal description attached as Exhibit A. 3. Rationale for Annexation Future Land Use Element Objective 1.15.0 of the Village of Tequesta Comprehensive Plan states: "The Village should consider annexation of neighboring areas that are consistent with the Page 505 of 735 Agenda Item #13. character of the community, which can be provided facilities and services consistent with the levels of service standards established by the Village, and which discourage urban sprawl." The proposed annexation will result in a development that is consistent with the low-density residential character of the Village and with the abutting residential neighborhood that is already located in the Tequesta municipal boundary. The subject property has already been approved for an 8-unit subdivision by Palm Beach County (Exhibit B). The Village has more than adequate capacity to accommodate eight single-family homes in that location. Finally, the proposed property is located within area C of Tequesta's Map of Potential Annexation Areas (Exhibit Q. This has been adopted in the Village's Comprehensive Plan Map Series. 4. Service Plan A. Police Protection Police protection will be provided by the Village of Tequesta Police Department, including patrol and emergency response services. Coverage can be handled by existing personnel with no impact on response times. B. Fire & Emergency Medical Services Fire and EMS will be provided by the Village of Tequesta Fire Department. No new stations are required. The Tequesta Fire Station is 1 mile from the annexed area. Coverage can be handled by existing personnel with no impact on response times. C. Water & Sewer Services The Village currently provides water service to the area surrounding the subject property. The proposed 8-unit subdivision may connect to existing water lines. On May 3, 2024, The Village provided a Water Service Availability letter to Palm Beach County, confirming that the subject property is located within the Village's potable water utility service area and that there is adequate capacity to serve any potential development there. The letter also shows the location of the 8-inch pipe that currently serves the property (Exhibit D). Sewer service is provided by the Loxahatchee River Environmental Control District, who provide coverage for the surrounding area. Attached is a copy of the Palm Beach County Potable Water and Wastewater Map, which shows that the subject property is located within the Village of Tequesta Water Service Area and Loxahatchee River Environmental Control District (Wastewater) Utility Service Area. (Exhibit E). D. Solid Waste Collection Solid waste services will be handled by Waste Management, the Village's current waste collector. There are no capacity shortages. Page 2 of 3 Page 506 of 735 Agenda Item #13. 5. Eligibility For Annexation The annexation is consistent with Florida Statutes section 171.043. The subject property is contiguous to the Village of Tequesta municipal boundary and is reasonably compact. No portion of the property is within another incorporated municipality. 6. Conclusion The proposed annexation is consistent with the Village of Tequesta's Comprehensive Plan and with Florida Statutes section 171.043. The annexation will enable Tequesta to provide efficient service delivery and promotes the logical expansion of the Village's boundaries. There will be no additional cost to provide services to the subject property. The Village is committed to ensuring a smooth transition and maintaining high-quality services for all residents. Prepared by: Jay Hubsch, AICP Community Development Director Jhubsch@tequesta.org (561) 768-0456 Attachments: • Exhibit A: Legal Description& Map of Area • Exhibit B: Approved Site Plan • Exhibit C: Tequesta Annexation Area Map • Exhibit D: Water Service Availability Letter and Location of Pipes • Exhibit E: Palm Beach County Potable Water and Wastewater Map Page 507 of 735 Agenda Item #13. Exhibit A PC N: 00-42-40-25-00-000-1230 Legal Description: At that properly described in Official Records Book 4226,Page 486. also being that'not included"parcel shown on the plat of TEQUESTA PINES, as recorded in Plat Book 34, Page 84, all In the Public Records of Palm Beach County, Florida be ng more particularly described es follows: Commencing at the Southwest comer of the East 112 of the Southwest 114 of tho Northeast 114 of Section 25. Township 40 South, Range 42 East, Palm Beach County, Florida:thence N.00°16'58'1N, along the West line of the East 1/2 of the Southwest 114 of the Northeast 1/4 of Section 25, a distance of 5C0.83 feet;Thence S 89`41'18"E along the Westerly prolorgabon of the North line of Parcel B, said Plat of TEQUESTA PINES.a distance of 69.72 feel to the Point of Beginning and the Norlhwest corner of said Parcel B:thence S.89`41'18'E,along the North line of Parcel B, a distance of 300.35 feet:thence N.00'26'56"W.along the West line of Lots 182, 183 and 184.TEQUESTA PINES,a distance of 250.00 feel: Iherice S.89`41'18'W_ along the South line of Lots 152, 153. 166, 167 and 168, TEOUESTA PINES, a distance of 491.46 feet to a point on the easterly rght-of-way line of Riverside Drive:said point being on a curve having a radial bearing of S.30'43'51'W. to the radius point of said curve', lherce southeasterly along the easterly right-of-way line of Riverside Drive.as shown on the plat of TEOUESTA PINES,bung a curve to the right, having a radius al 430.27 feet, a central angle of 42°57'02',an arc length of 322.48 feel to the Point of Beginning. Containing 92,657 square feet(2.1271 acres). Page 508 of 735 V } A -•. ixiiis L Agenda Item #13. e7�M - .� _ ` • Olki • •• IV ju a ♦ y -' •e yy R4 4 }�• IL * 664, K •`�vs ZJ: tr� i A 4 s Ai L lk L r !i•: 'ram Or t �G jr im x �yy t � �r + s, 411, , t ,,� 1r ,.,,, ,AO ANO ' . 4� ,lw � ,Ao �" `� gendal9epr#33. Z. IL LL g%i%tg r 0 �y3$ 9 w i g Ea Rgs88. 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Z = O W U Z O F N Z m K O U �F Z. w _ a0 - d N O ¢ y F a y °a w o Page 511 of— 6- Agenda Item #13. ri - = is - M 2 u QJ LL 54� � t" g2i/pLLI O � I LU j u � < 17L) I _ LL w Z couj TI ' n r — C v � � �•„ ....� '� gam, c d Y - L � 9 } - � F �.R • FF .Y IAA f�;.0. ,., F IJ ol w 's Y 3 rt s H 3 • u� iA hi { iz Lu 1 Page 514 dfl «: Agenda Item #13. Exhibit D Village of Tequesta 345 Tequesta Drive 561-768-0700 Tequesta, FL 33469 www.tequesta.org r� May 3, 2024 Palm Beach County Department of Planning, Zoning, & Building 2300 North Jog Road West Palm Beach, FL 33411-2741 Attn: Jerome Small, Senior Planner Provided via Email to Engineer: faten@continstudio.com Faten Almosawi, Senior Design Director, Contin Architecture& Design RE: 19626 Riverside Dr.—Water Service Availability Dear Mr. Small. This letter confirms that the referenced property is located within the Village of Tequesta's (Village) potable water utility service area.The Village's public water system has the capacity to serve the existing development, but based on the final design, any redevelopment may require offsite improvements to serve the proposed development. A GIS figure of the known Village infrastructure asbuilt and is attached for your reference. The piping depicted is pictorial in nature only and may not be in the exact locations or sizes shown. Our team researched the pipe and found that an 8-inch class 150 asbestos-cement (AC) pipe currently serves the property. The Village does not own or provide wastewater service to your site. The sanitary sewer (wastewater) infrastructure is owned and operated by the Loxahatchee River Environmental District, often referred to as "LRD." Please note that this letter does not constitute a commitment for service until a developer agreement with the Village has been fully executed and any required fees or charges are paid. Sincerely, THE VILLAGE OF TEQUEST UTILITIES DEPARTMENT &joCteig Director, Utilities Department Cc: Jay Hubsch, Director,Community Development Department Wayne Cameron, Director, Building and Attachments:GIS Map Page 513 of 735 A F- .E `o m LNm W `o W O No x u m a CV 00 _ x 16 m `o ) LL in o m • c `m C7 ui o O w x w I' f i L x � � C r_ O 75 -ter N O O CO !^ s co N C� a Q L O U_ Z N U c) r■ 1� 1 ■ ' 1 1 U L LL L Q U L 1 c L U m Q M � U m _ 66CY) N m E O m C a N O N M Page 14 of 735 SVJHV 131AUHS AJLI'IIJLfl X 1Y H:4JLVM :4'lttvlod H:4JLVM:41SVA AJLKfIOD HDV:4t[ Kllvd AR ai EJ A ��l 4 �l A� 4 V, LLI x LU p n 12