HomeMy WebLinkAboutDocumentation_Miscellaneous_Tab 04_10/20/1993 Y
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� VILLAGE OF TEQUESTA
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DEPARTMENT OF COMMUNITY DEVELOPMENT
� Post Office Box 3273 • 357 Tcqucsta Drive
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�; o Tequcsta, Florida 33469-0273 •(407) 575-6220
m �, � �� Fax: (407) 575-b203
, �N CouNt
MFMORANDUM:
T0: Thomas G. Bradford. Village Manaqer
FROM: Scott D. Ladd, Building Off icial ��
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DAT£s: Octaber 8, 1993
SUBJECT: Draft ordinance to create new Mixed-Use (MU) District within
the Village Center Master Plan area.
Tom, attached are ten t10> sets of packets containing a copx of the
proposed draft ordinance creating a new mixed-use tMU> zoninq
district, a mag of the Villaqe Cente= Master Plan area, and a map of
the entire Villaqe hiqhliqhting the proposed mixed-use tMU> zoning
district.
This proposed draft ordinance is the re6ult of more than three years
of work by the Village Council, Villaqe staff, planninq consultants.
Villaqe Attorney, and the Downtown Task Force. The draft ordinance is
a modified version of the oriqinal draft ordinance that I prepared
three years aqo and the draft ordinance that our former planninq
consv2tants. Dover-Kohl & Associates, prepared for the Villaqe.
The proposed draft ordin�nce is much shorter than ths final draft of
the Daver-Kohl document mtainlp because it does not contain the very
complicated and controversial performance standards, property
standards and architectural standards that were in the Dover-Kohl
draft ordinance. What 9illaqe staff and the Village Attorney
attempted to do with the modified version was to incorporate some of
the purpose and intent, scope, qeneral requirements, design grinciples
and design obiectives of the Dover-Kohl document with much more
realistic property development standards and, with the exception of
dweilinq unit density and building heiqht, "total" flexibility with
reqard to neqotiating between the developer/owner and the 9illaqe the
mix and intensity of uses and the property development standards.
This commitment to "flexibility" is set forth as fallows:
. o Sect ion 1. . Paraqraph 8. , Paqe 2, within the def init ion for
plannsd mixed-use development <FMUD)
o Section 4., Subsection C9), Paraqraph <b), Paqe 4, Scope of
District
o Sect ion 4. , Subsect ion t 9) , Paragraph < g> , Item l. f, Paqe 7,
Desiqn Ob'iectives
o Section 4., Subsection Cm), Page 9, in the openinq statement
regardinq property development standards.
Recycted Paper
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Paae 2
Oct. 8. 1993
MU Draf t Ord.
The property development standards set forth in Subsection <m>
beginninq on Paqe 9 are a compromise between our current schedule of
site regulations and planned residential development <PRD) regulations
and the site regulations that were in the Dover-Kohl .proposal. Keep
in mind, a21 of the groposed property development standards as set
forth in the proposed draft ordinance, except for dwelling unit
density and maximum building height, can be modified by the Village
Coyncil at the request of a developer/land owner.
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ORDINANCE N0.
AN ORDINANCE OF THE VILLAGE COUNCIL 4F THE VILLAGE OF
TEOUESTA. PALM BEACH COUNTY, FLORIDA. AMENDING ZONING
ORDINANCE NQ.� 355, AS AMENDED, BY AMENDING SECTION IV,
DEFINITIONS, BY AMENDING AND/OR ADDING CERTAIN
� DEFINITIONS; BY AMENDING SECTION V, ESTABLISHMENT OF
DiSTRICTS AND OFFICIAL ZONING MAP; HY ADDING AT
SUBSECTION tA>, A NEW MIXED-USE DISTRICT; BY AMEPIDING
SECTION VII, SCHEDULE QF REGULATIONS AND APPLICATION OF
REGULATIONS, BY ADDING DISTRICT MU AT SUBSECTION <C>,�
SCHEDULE OF SITE REGULATIONS; BY AMENDING SECTIOAI VII,
SGHEDULE OF REGULATIONS AND APPLICATI4N OF REGULATIONS,
SUBSECTION (D>, SCHEDULE OF DISTRICT AND USE
REGULATIONS, BY ADDING NEW PARAGRAPH t9). MIXED-USE
DISTRICT; BY AMENDING SECTION VIII, 4FF-STREET PARKING
AND LOADING REGULATI4NS; HY AMENDING SEGTION X.
SUPPLENIENTAL REGULATIONS APPLYING TO A SPECIFIC, TO
SEVERAL, OR TO ALL DISTRICTS, SUBSECTION (J>, SPECIAL
E%CEPTION USES, PARAGRAPH (2>, CRITERIA. BY ADDING A NEW
REQUiREMENT (h>; SUBSECTION <M>. SITE PLAN; PREREQUISITE
TO BUILDING PERMIT ISSUANCE, BY AMENDING PARAGRAPH <1>;
PROVIDING FOR SEVERABILITY; PROVIDING FOR CODIFIGATION;
PROVIDING AN EFFECTIVE DATE.
� BE IT ORDAINED BY THE VILLAGE COUAICIL OF THE VILLAGE OF
TEQUESTA, PALM BEACH COUNTY. FLORIDA. AS FOLLOWS:
Se i on I. Def init ions. Sect ion IV of ths Off ic ial
Zoninu 4rdinance of the Village of Teguesta, Ordinance No. 355,
as amended, is hereby amended by adding new and or revised
def initions as follows:
1. Mixe Di Mixed-use districts are urban
or subu=ban areas physically understood and limited
in size where residenaes, shops, workpla�es. and
places in which stzests serve the needs vf the
pedestrian and the automobile equitabi,y; areas
providing parks and plazas for infvrmal soaial
activity and recreatian; areas in whiah private
b�ildinqs form a cisar edcre betwesn the pubiic and
the private realms; places where civic buildings and
squares reinforce the identity of the neighY�orhood.
2. Personal Services. Establishtnents grimariiy engaqed
in providing services that involve the care of a
person or his or her appearance. Such serviaes may
include, but are not necessarily limited to. beauty
parlors, shops or salons, barber shops, massage
garlors, or any similar use that does not involve
the saie of any retail product.
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3. Small_ Scale Retail� Sales & Service. Retail and/or
service uses that are local CVillaqe> servinQ in
nature as opposed to large scale retail sales and
services which are reqional serving in nature.
Small scale retail sales and services shall not
exceed 2500 square feet in gross leasable area for
each tenant area or individ�aally owned unit.
4. Larg,e Scale Retail Sales & Services. Retai2 and/or
service uses that are regional <beyond VillaQe
I limits> serving in nature as opposed to small scale
� retail sales and services which are local f�Villaqe>
. serving in nature. Large scale retail sales and
services are tenant areas or individually owned
1 units in excess of 2500 square feet.
5. Bed and_�Breakfast. Most traditional neighborhood
ordinances pzovide a site for the location of a
small hotel under "lodginq". These are buildings
providing food services and rooms for short term
letting. It is not intended as a larqe strip motel
or urban luxury hotel, but rather as a small town
inn of the kind� en7oying resurgence all over the
country.
6. Railwav Station. Most pedestrian pocket ordinances
provide a reserved site for the location of a
railway station under "Transportation Building".
These are buildinqs for passenger mobilization, food
services, and premises for the repair, assembly or
fabrication of artifacts may also be aliowed as
comglementary f unctions within the same structure.
It is not intended as a plastic terminal buildinq of
the kind found in most suburban bus stations but as
a permanent structure that diqnifies our existence,
7. Public Buildinas and Facilities. Any building held,
used, or controlled exclusively for public purposes
by any department or branch of government, federal,
state, county or municipal, without reference to the
ownership of the buildinq or land upon which it is
situated.
8. Planned� Mixed-Use DevelO�ment < PMUD} . A unif ied
development process that permits a mixture of land
uses to develop in a creative, vital and diverse
way. Residential, commercial and public buildings
� and facilities are the primary uses in this
develogment apgroach. Neighborhood identity is
emphasized in mixed-use areas and responsible use of
the environment and natural features is required.
All modes of traffic, including vehicular,
gedestrian, and bicycle are integrated into and
connect various uses. The mix and intensity of uses
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! and the Property Development Standards <with the
i exception vf building heiqht which is limited to a
I maximum six stories or 84 feet> can be fully
negotiated with the Village to provide optimum
� development flexibility in mixed-use areas.
� 9. Villaqe Servinq. Establishments principally
oriehted to serving the needs of Village persons
which would not substantially rely upon the
patronage of psrsons not defined as Village
persons. Villaqe serving establishments, by
definition, would typically contain twenty-five
hundred (2500) or less square feet of interior gross
� leasable area CGLA> and would not engaqe in
advertising desiqned to attract other than Village
� persons.
Section 2. Section V of the Official Zoninq Ordinance
� of the Village of Tequssta, Ordinance No. 355, as amended; is
' hereby amended by �addinq a new use district at Subsection (A>
ident if ied as� use district ( 9> to read ae fol lows:
(93 MU - Mixed-Use District,
Section_3.. Section VII, Schedule of Regulations and
Application of Requlations, is hereby amended at Subsection tC),
Schedule of Site Requlations, by addinq district MU to the
schedule as follows:
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'MU <See special general requirements, requlations, design
princigles, design objectives, and develapment standards
that apply in this district as set forth at Sectian
VII< D> ( 9) of these regu�at ions. >
Section 4. Section VII, Schedule of Regulations and
Appliaation of Regulations, is hereby amended at Subsection (D>,
Schedule of District and Use Regulations, by adding new
paragraph <9>, Mixed-Use Distriat, as follows:
t9> MU - Mixefl-use District.
(a) The purpose and intent of the mixed-use distriat
is to establish a Village Center which creates a
I vital, diverse core for the principles which
ufiilize mixed-use development concepts and which
� permit a combination of usually separated uses �
within a unifisd development district area.
Natural f eatures should be enhanced and
environmental conditions carefully assessed.
� Commercial uses are intended to be limited to
specialty small scale retail saies and services,
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I business services and professional services
primarily desiqned to serve residential
neighborhoods of the Vil2aqe. Orientation to
and compatibility with rceighborhoods to be
served are essential. Residential uses are
intended to encourage the accomplishment of a.
more complete residential living environment
through the application of imaqinative
approaches to community development which
establish neiqhborhood .identity and focus
consistent with values of the Village of
� Teguesta. It is f urther the puzpose and intent
of this area to provide lands for a range of
residential uses from lower densitp sinqle-
family to higher density residential uses.
Traffic circulation should not only accommodate
vehicular traff ic, but provide for the eff icient
movement of pedestrian and bicycle traffic.
<b> Scope of District.
1. Although mixed-use development produced in
compliance with these provisions and
reguirements and other regulations as set
forth and detailed in this Zoning Ordinance
may, depart from the strict application of
property development regulations expressed
in this Ordinance, such developments are to
be in compliance with the Village of
Tequssta Comprehensive Development Plan and
platted of record in accordance with the
procedures far approval af subdivision plats
in the Villaqe of Tequssta Subdivision
Regulations. The mixed-use develapment
provisions set forth in this Section shall
be utilized as a guideline in the review of
all future development progasals for �the
special p2anning area as identified in
Pol icy 1. 12. 3 of the Future Land Use
Element, as designated on the Future Land
Use Map contained in the Village of Tequesta
Comprehensive Develogment Plan and as
identified an the Village of Tequesta
Comprehensive 2aning Map as District MU.
t c> Conf 1 ict with Other Appl icable A.egulat ians.
1. Where conflicts exist between these mixed-
use district special regulatians and general
zoninq, subdivision and ather applica�le
� ordinance grovisions, these � special
requlations shall apgly.
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� idi G�neral Re uirements and S ecial Reoulations
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( � l. The followinq aeneral requirements ar�d
special Leculations shall apply to planned
mixed-use development within the mixed-use
district:
a. Location. A planned mixed-use develop-
ment is permitted onlp in the special
plannina district identified by Policy
1.12.1 of the Future Land Use Element,
I as desicnated on the Future Land Use Map
contained within the �lillage of Tequesta
Comprehsnsive Develogment Plan and as
identified on the Village of Tequesta
Comp=ehensive Zoninv Map as District MU.
b. Conf iguration of Site. Anp tract of
land for which a planned mixed-use
development application is made shall
�ontain suff icient width, depth, and
frontaqe on a publicly dedicated
arterial or ma'ior street or appropriate
access thereto to adequatelp accommodate
its proposed use and des iarn.
c. Unity of Title. All land included for
purpose of development within a glanned
mixed-use deve],opment shall be under
Uni#,y of Tit le of the pet it ioner for
such zonincr desiQnation, whether that
petitioner be an individual, partnership
or corporation. or a group �of
f individvals. partnerships or
� corporations. The petitioner shall
present firm evidence of the Unitq, of
Title of the entire arsa within the
praposed planned mixed-use development
and shall state actreement that, if he
, proceeds with the proposed develogment,
he will:
(1� Do so in accord with the officiallp
approved site plan of the
development. and such other
conditions or modifiaations as may
be attached to the approval.
t2} Provide aqreements, covenants,
contracts, deed =estrictions or
sureties acceptable to the Vi11aQe
for completion of the undertaking in
accordance with the approvsd site
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i � plan as well as for the continuino
� operatiun and main-tenance of such
areas, tunctions, and facilities as
are not to be provided, operated or
� maintained at cenezal public
i l expense.
I <3> Bind his development successors in
title to any commitments made under
� � 1) and < 2) above.
� d. Dens ity. For the purpose of this
' , provision, if dwe113nQ units are to be
developed as part of a planned mixed-use
develapment, the total number of
� dwellinc units permitted in the mixed-
� use district shall be computed on the
i basis of eighteen C18> dwelling units
per cross acra.
1 e. Building Height. The maximum building
� heiqht allowsd shall be six (6> storiss
or eiohtp-four feet ( 84' > above averaQe
finish Qrade.
, (e> Site Plan Review.
In adherence to Pol icp 1. 12. 1 of the Vi11aQe of
� Tequesta Comprehensive Dsvelopment Plan Future Land
Use Element, all proposed development glans for the
mixed-use element shall be subaect to renisw and
� approval by the VillaQe Council.
tf) Orban Dssign Principles.
1. The following urban desiqn principles shall be
strictly adhered to in all development propasals
� of the mixed-use district.
� a. That mixed-use promotes economic and social
well-being.
b. The streets serve the nesds of the
pedestrian and the automobile.
c. That proposed squares and plazas provide
collective identity and a place for social
activitp and reareation.
d. That public buildings, f acilities, and
sgaces are symbols of the community and
convey identitp and pride throuqh their
architectural clarity and civic f unctions.
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I e. That ca=efully placed buildintrs delineate
and define public spaces and lots and
I blacks.
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f. That streets are desiQned and act as
amenities to t,he development and as quality
public space.
<Q> Urban Desiqn Obiectives.
1. The followinQ urban design obiectives shall be
quidelines in all development proposals of the
mixed-use district.
a. To brinQ many of the activities of dailp
livinq, includinq dwellinq, shoppinq and
other activities, within walkinQ distance.
b. To reduce the number and lenath of
automobile trips to relieve traffic
concestion.
� a. To provide internal vehicular circulation to
relieve traffic impact on arterial roads.
d. To provide defined public spaces and streets
that allow the citizerts to observe and watch
� over the collective securitv.
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e. To provide sites for civic buildincs.
. f. To provide flexibility for the development
strateQiss that evolve over time.
(h> Permitted Oses.
1. Sinqle-family dwellinqs.
. 2. Two-family dwell ings.
3. Multiple-familp dwellinge.
* 4. Small-scale retail sales and service.
� 5. Business services.
� 6. Professional services.
� 7. Personal services.
� * 8. Restavrants.
-�. . . Recreat ion/ Open Space.
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* Maximum 50 square feet qross leasable area allowed
for each tenant area or individually owned unit.
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<i> Special Exception Uses.
l. Restaurant, carrv-out.
2. Public buildincs and f acilities.
3. Church/Hovse of Worship.
4. Civic/cultuLal/institutional.
5. Bsd and breakfast.
6. Hatel
'l. Adult concreqate 1 ivinc facil ity < ACLF) .
8. Gasol ine service stat ion ( only f ront ing on U. 8.
Hwy. One ) .
9. Private clubs.
10. Railway station.
11. Permitted Uses Numbers 4, 5. 6, 7& S in excess
of 2500 square fest (larqe scale retail sales
and services).
a) That the proposed use will not attract the
J � principal portion of its customers/clients
�� , r from out of Tequesta locat ions. The
� s` �' applicant shall submit evidence satisfactorp
�'c� �'�4 to the Village Council that not less than
fifty ( 50> per cent of the customers of the
proposed use will be "Village persons."
( 7> A�ccessory Uses.
l. Anp accessorp use customarily incidental to a
permitted use.
2. Private garaqes, swimminq pools, spas and hot
tubs, cabanas and saunas, qreenhouses, tennis
courts, clubhouse, utility buildings, qazebos.
and any other similar use deemed appropriate bp
the Buildinq Off icial.
C k) Planned 1�lixed-Ose Development t PMOD> .
1. Required for all permitted, special excegtion.
� and aacessory�uses within the mixed-use district
except lots or parcels of less than three (3)
acres.
<1) Prohibited Uses. '
� l. Wholesale.
2. Warehouses.
3. Car wash tthat is not an accessory use).
4. Motel.
5. Motor vehicle dealer.
6. Pawn shop.
7. Full service fuel stationlgasoline service
stat ion. �
��- 8. Flea markets - ndoor or outdoor.
9. Automobile repair facilities, includinq qaraces
and body shops.
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10. Kennels or pet hospitals with boardinv
facilities.
11. Any other use or structure not specifically ar
by reasonable implication permitte.d herein as a
permitted use, special exception uss az
accessory use.
(m) Property Development Standards.
Property development standards for the mixed-use
district shall be as set torth below. Howener, as
part of the review and approval process by the
Villaqe, the Village Covncil ma,y modify the property
development standards, at its discretion, provided
the spirit and intent of the requlations and
standards are complied with in the development of
the mixed-use district.
1. Parking Requirements. On-street and off-street
parkinq shall be allowed within the mixed-use
district and the minimum number of required
. parkinq spaces to be provided may include a
combination of on-street and off-street spaces.
When usinq oa-street parking to meet a portion
of the required parkinq for a proposed pro7ect,
onlp those spaces that lie within the street
frontaqe � areas of the propert,y may be included
in the total calculations for meeting the
minimum required parking requirements.
2. Streets/Riqhts-of-Aag. The minimum width of
. riqhte-of -ways within the MO district are as
follows:
a. Maio= strest ( col lector street) - Fiftp t 50' ) feet.
� b. Minor street ( col lector street) - Fiftg < 50' ) feet if
. two-way street.
Forty-two t42') feet
if one-way strest.
3. Drainaqe Cstreets/rights-of-wap). Raised curb
and gutter drainage s,ystems shall be the
preferred method utilized within the MU
district.. �lternate drainage systems shall be
approved at the discretion of the Village
Council durinq the site plan r6V16W process for
a progcsed planned mixed-use development tPMDD).
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4. Schedule of Site Revulations.
a. Minimum lot size: 3200 square feet
b. Minimum lot width: 40' <fest>
� c. Maximum lot coverace:
Residential - 62� <percent>
Commercial 60� (percent> for a sinqle
minimum sized lat.
- 70� <percent> for two or more lots
' or parcels in excess of the
minimum sized lot under unity-
of-title.
� d, Minimum front yard setback:
Residential - 10' <feet)
Commsrcial - 0' Cfeet>
e. Minimum side pard setback: �
Residential - 0' (feet> on one side
7' Cfeet) on remaiainQ side
Commercial - 0' Cfeet) on both sides whe=e
� commercial abuts commercial
7' <feet> where commercial abuts
residential
f. Minimum rear�pard setback:
Residential - 10' <feet)
Commercial - 0' <feet) where�coaunercial abuts
comme=cial
� - 10' Cfeet) where commercial abuts
res ideat ial
q. Mini�um livinq area requirements: Not applicable.
��� h, Minimunt landscaped space:
'���" Res ident ial - 25� C percent )
Commercial - 25� Cpercent)
Section 5. Section VIII, Off-Strset Parkinq and Loadinq
Regulations, is hereby amsnded at Subsection <H>, Off -Street
Pa=kinq Spaae Requirements, by amendinq Subsection <H> to read
as f ollows:
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i <H) Oif-Street Parkinc Space Requirements. <Certain of
� these requirements may be in conflict with the
�. special parkino requirements set forth in the
, Property Development Standards for use within the
� . MU, Mixed-use District. Where a confl.ict exists,
the Property Development Standards of the MU
District shall apply.>
I Section 6. Section X, Supplemental Requlations applying
��. to a specific, to several ar to all districts, is hereby amended
�� at Subsection <J), Special Exceptian Uses. Paraqraph <2>,
Criteria, by addinq a new requirement (h) to read as follows:
i Ch> That the proposed use will not attract the principal
, portion of its cvstomers/clients from locations
�� ovtside the 9illaqe of Tequssta or a ten mile radius
from the premises. The applicant shali submit
evidence satisfactorp to the Village Council that
not less than fifty percent <50�) of the customers
of the proposed use will be persons located within
said arsa.
�ection 7. Section X, Supplemental Regulations applpinq
to a specific, to several or to all districts, is he=eby amended
at Subsection tM), Site Plan; Prerequisite to Building Permit
issnance, by amendinq Paragraph <1) to read as fallows:
C1> Site Plan Review. Bp the terms of this Ordinance,
all permitted uses in all zoninq districts, except R-
lA and R-1; all speciaZ exception uses as approved
by the Villaqe Council; all planned residential
development <PRD>, planned commercial development
t FCD), planned mixed-use deeelopment ( PM[]D> ; al l
miscellaneous development and redevelopment; all
subdivisions; and, all uses or aonstruction lyinq
partially or entirely in speciai flood hazard areas
shall:
Section 8. Sevsrabilit,y. If an.y provision of thia
OrdinanGe or the applicaticn thereof is held invalid, such
invaiidity shall not aff ect the other provisions or applications
. of this Ordinance which can be qiven effect without the invalid
provisions or applications, and to this end, the proeisions of
this Ordinance are hereby declared severable.
Section 9. Codification. This Ordinance shall be
codif isd and made a part of the Off icial Cade of Ordinances of
the 9illaqe of Tequesta.
Section 10. Tffective Date. This Ordinance shall take
effect immediately upon its passage and approval, as provided by
1 aw.
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THE FOREGOING ORDINANCB was offered by
Councilmember ,., _ � , who moved its
adoption. The Ordinance was seconded by.
Councilmember _ _, and upon beinQ put .
� ta a vo�e, the vote was ae follows: ..
FOR ADOPTION AGAINST ADOPTION
The Mayor thereupon declared the Ordinance duly passed
and adopted this day of , 1993.
MAYOR OF T�OFSTA
Ron T. Mackail �
�TTEST:
9illage Clerk
COUNfY L�E ROAD _ _ � �_ �_ __,_ —
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