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Ordinance 83-2355 • ORDINANCE NO.83-2355 AN ORDINANCE AMENDING THE ZONING ORDINANCE OF MIAMI BEACH, FLORIDA (ORDINANCE NO. 1891, AS AMENDED) BY DELETING THEREFROM IN ITS ENTIRETY SECTION 22-RU REDEVELOPMENT USE DISTRICT AND ELIMINATING THE DESIGNATION OF SAME ON THE CITY OF MIAMI BEACH ZONING DISTRICT MAP; AND BY ADOPTING IN SUBSTITUTION THEREFOR ., A NEW SECTION 22 TO BE TITLED: "ID-- INTERIM DEVELOPMENT DISTRICT" AND MAPPING SAME ON THE CITY OF MIAMI BEACH ZONING DISTRICT MAP IN ORDER TO REGULATE AND RESTRICT FOR AN INTERIM PERIOD DEVELOPMENT IN THE DISTRICT IN CONFORMITY WITH ADOPTED CITY POLICIES AND PLANS BY SUPPLEMENTING THE EXISTING UNDERLYING ZONING DISTRICT REGULATIONS; PROVIDING LEGISLATIVE INTENT AND FINDINGS OF FACT; PROVIDING THE ESTABLISHMENT OF AFFECTED AREAS AND THEIR PLACEMENT ON THE ZONING DISTRICT MAP; PROVIDING THE DURATION OF THE DISTRICT; PROVIDING THE, EFFECT OF THE DISTRICT; PROVIDING THE SCOPE OF INTERIM DEVELOPMENT DISTRICT CONTROLS; PROVIDING A PROCEDURE FOR INTERIM DEVELOPMENT USE APPROVAL; PROVIDING FOR ADMINISTRATION; PROVIDING FOR SEVERABILITY AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the City of Miami Beach, Florida (hereinafter "City") is a home rule charter City pursuant to Art. VIII, §1(f), 1(g) and 2(b) of the Florida Constitution, the Municipal Home Rule Powers Act (Fla. Stat. Ch. 166 (1973) and the Miami Beach City Charter, and has all "governmental, corporate and proprietary powers to enable it to conduct municipal government, perform municipal functions and render municipal services, including the authority to adopt and enforce comprehensive plans, zoning ordinances and other necesary land use control measures; and WHEREAS, the City is authorized and required by the Local Government Comprehensive Planning Act of 1975 as amended (Fla. Stat. 0163.3161 et seq.) to prepare, adopt and implement a Comprehensive Plan; and WHEREAS, the City has adopted the Miami Beach Comprehensive Plan (hereinaf ter "Comprehensive Plan") on August 20, 1980; and WHEREAS, the City is authorized to and has created a community redevelopment agency known as the Miami Beach Redevelopment Agency (hereinafter the "Agency") pursuant to the Community Redevelopment Act of 1969 as amended (Fla. stat.0163.330 et seq.); and WHEREAS, the Agency has engaged in planning and other activities relative to redevelopment of the South Beach Redevelopment Project Area (hereinafter the "Area"); and WHEREAS, the City adopted on March 2, 1977 a South Shore Redevelopment Plan pursuant to 063.360, which plan has been incorporated by reference in the Comprehensive Plan and which adopts the densities, land uses and development sandards as shown in such plan; and WHEREAS, the City, on August 17, 1977, amended the Comprehensive Zoning Ordinance of the City of Miami Beach (Ordinance No. 1891) by creating and mapping a new Section 22 - RU-Redevelopment Use District for the purpose of implementing the adopted Redevelopment Plan; and WHEREAS, the agency adopted and the City approved (on May 5, 1982) an Amended and Restated Redevelopment Plan for the South Beach Redevelopment 1 • Project pursuant to §163.361, which redevelopment plan changes the designated land uses, densities and development standards in the Area; and WHEREAS, the land use, density and development standards contained in the Amended Redevelopment Plan are the most current standards for the Area and, therefore, should be adopted for the interim period subject to anticipated plan revisions and modifications, as expressed in Resolution No. 82-17222, evidencing a City intent to shift from a plan concept emphasizing predominant clearance to one emphasizing (a) selective clearance of deteriorated and unsafe structures; (b) new construction on cleared parcels; (c) in-fill development of existing vacant parcels; (d) repair and rehabilitation of existing structures; and (e) preservation of structures of historic or architectural significance; and WHEREAS, said Resolution No. 82-17222 includes a work program and schedule for the preparation and adoption of a revised and modified Redevelopment Plan for the South Beach Area, which work program shall not exceed one (1) year; and WHEREAS, pending completion, adoption and permanent implementation of the revised redevelopment plan, measures must be taken to protect the integrity of such plan; and WHEREAS, such measures shall be enacted solely for the purpose of protecting the public interest and preventing development in a manner inconsistent with the anticipated plan revisions, which development would prejudice the integrity and objectives of such plan revisions; and WHEREAS, such measures shall be the minimum necessary to accomplish the objectives herein stated and shall permit private investment, reinvestment, repair, rehabilitation and new construction which will aid in the redevelopment of the Area and which is consistent with the objectives anticipated to be achieved by the plan revisions as expressed by City Resolution No. 82-17222; and WHEREAS, the present RU-Redevelopment Use District has never been applied to specific properties in the Area and does not conform with the presently anticipated revisions to the redevelopment plan for the Area; NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF THE CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA; SECTION 1: The Zoning Ordinance of the City of Miami Beach, Florida (Ordinance No. 1891, as amended) shall be amended by deleting therefrom in its entirety Section 22-RU Redevelopment Use and eliminating the designation of same on the City of Miami Beach Zoning District Map. SECTION 2: The Zoning Ordinance of the City of Miami Beach, Florida (Ordinance No. 1891, as amended) shall be further amended by adopting a new Section 22 to be titled "ID - Interim Development District" and by mapping same on the City of Miami Beach Zoning District Map. SECTION 3: The new Section 22 ID - Interim Development District shall include the following provisions: "Section 22-1 Short Title. This Ordinance shall be known and cited as the "Interim Development District Ordinance" of Miami Beach, Florida. Section 22-2 Definitions As used in this section, the following words and terms shall have the following meaning, unless another meaning is plainly intended: (1) AGENCY or COMMUNITY REDEVELOPMENT AGENCY means the Redevelopment Agency of the City of Miami 2 Beach, Florida, a public agency created by Fla. Stat. §163.356. (2) AMENDED REDEVELOPMENT PLAN means the "Amended and Restated Development Plan For the South Beach Redevelopment Project, Miami Beach, Florida" developed pursuant to Fla. Stat. §163.360 and approved by the City on May 5, 1982. (3) APPLICANT means any person, including a governmental agency, seeking to undertake any development as defined herein. (4) AREA or PROJECT AREA means the area included within the boundaries of the South Beach Redevelopment Project as established pursuant to Fla. Stat. Chapter 163. (5) BUILDING PERMIT means a permit issued by the Director of the Code Enforcement Department of the City which allows a building or structure to be erected, constructed, altered, moved, converted, extended, enlarged or used, for any purpose, in conformity with applicable City Codes and Ordinances. (6) CITY means the City of Miami Beach, Florida. (7) CITY COMMISSION means the City Commission of the City of Miami Beach, Florida, the governing body of the City. (8) COMMUNITY REDEVELOPMENT ACT OF 1969 means and refers to the community redevelopment law, Fla. Stat., Chapter 163. (9) COMPREHENSIVE PLAN means the City of Miami Beach Comprehensive Plan adopted by the Miami Beach City Commission on August 20, 1980, as amended, pursuant to the Florida Local Government Comprehensive Planning Act of 1975, Fla. Stat. §163.3161 et seg. and meeting the requirements of Fla. Stat.§163.3177. (10) DEVELOPMENT shall have the meaning given it in Fla. Stat.§ 380.04. (11) DEVELOPMENT PERMIT includes any zoning permit, conditional use permit, rezoning, special exception, variance, subdivision approval, or any other official action of local government having the effect of permitting the development of land. (12) DISTRICT means the ID - Interim Development District established by this section and mapped on the City of Miami Beach Zoning District map. (13) INTERIM DEVELOPMENT USE means any development in the ID - Interim Development district for which a building permit or a development permit is required, and, which use may not be consistent with the Comprehensive Plan absent the supplemental land use controls established herein. (14) LOCAL GOVERNMENT COMPREHENSIVE PLANNING ACT OF 1975 means the Florida mandatory planning law, Fla. Stat.0163.3161 et seq. (15) MIAMI BEACH MINIMUM HOUSING CODE means Chapter 17B of the Miami Beach City Code ,as amended through June 16, 1982. 3 a • (16) PLANNING BOARD means the Planning Commission of the City of Miami Beach, Florida. (17) PLANNING DIRECTOR means the Director of the Planning Department of the City of Miami Beach, Florida. (18) REDEVELOPMENT PLAN means the South Shore Redevelopment Plan developed pursuant to Fla. Stat. 163.360 adopted by the City on March 2, 1977 and incorporated by reference in the Comprehensive Plan. (19) SOUTH FLORIDA BUILDING CODE means Chapter 8 - Sections 8-1 through 8-4 of the City Code as adopted by Ordinance No. 14-17 on March 1, 1961. (20) ZONING DISTRICT MAP means the City of Miami Beach Zoning District Map, dated and signed by the Mayor and City Clerk of the City of Miami Beach, upon adoption. (21) ZONING ORDINANCE means the City of Miami Beach Zoning Ordinance, Ordinance No. 1891, as amended. Section 22-3 Legislative Intent and Findings of Fact A. Background Beginning in 1973 with the creation of the Agency, the City and the Agency have been engaged in planning for the South Shore Redevelopment Project Area. Pursuant to the Community Redevelopment Act (Chapter 163, Fla. Stats.), the Area has been declared "blighted". The redevelopment plans for the Area have to date emphasized "predominent clearance" of buildings and structures in the Area. Implementing that approach, the Agency advanced and the City adopted the RU-Redevelopment Use District which controlled development in the Area consistent with the Redevelopment Plan and pursuant to Owner Participation Agreements. Based upon the experience between 1973 and 1982, the City now recognizes that the orientation of the redevelopment plan should be shifted from "predominent clearance" to an approach emphasizing (a) selective clearance of deteriorated and unsafe structures; (b) new construction on cleared parcels; (c) infill development of existing vacant parcels; (d) repair and rehabilitation of existing structures; and (e) preservation of structures of historic and architectural significance. A revised plan will be prepared and adopted and new permanent zoning established to implement the revised plan. This planning process is anticipated to take not longer than one (1) year, during which period, the integrity of the new concepts underlying the plan revisions needs to be protected. Equally important, selective clearance, new construction, inf ill development, repair and rehabilitation, and preservation activities determined to be consistent with the plan revisions should be allowed to proceed in order to (1) provide an important economic stimulus for the redevelopment of the Area; (2) increase assessed valuation in the Area thereby adding to tax increments available for later phases of redevelopment; (3) strengthen the economic, social and physical fabric of the Area through private, unsubsidized investment; and (4) carry out the goals of the proposed plan revision as set forth in Resolution No. 82-17222. B. Findings of Fact The City Commission does hereby find that pending completion, adoption and implementation of a revised redevelopment plan for the Area emphasizing selective clearance, new construction, inf ill development, repair and rehabilitation, and historic preservation 4 • that appropriate measures must be taken for an interim period not to exceed one (1) year to protect the public interest, to preserve the integrity of the planning process and to further the proper redevelopment of the Area. The City Commission further finds that any significant development activity which deviates from the concepts underlying the plan revision as expressed in City Resolution No. 82-17222 may jeopardize the complete and proper implementation of the plan, and correspondingly, that development activity which is consistent with the concepts underlying the proposed plan revision will advance and further the viability and effectiveness of the plan revision and encourage its implementation. C. Intent It is the intent of the City Commission, therefore, to enact an interim measure consistent with the concepts underlying the plan revision as expressed in City Resolution No. 82-17222; to apply such interim measure only to those areas which will be affected by the proposed plan revision; to effect such interim measure for the minimum duration possible consistent with its objectives, but in no event to exceed one (1) year; to apply such interim measure only to potential development that could jeopardize the proposed plan revisions; to allow development consistent with and in furtherance of the proposed plan revisions; and to provide a process by which such determinations can reasonably be made on a case-bycase basis. Section 22-4 Establishment of Affected Areas The areas affected by the Interim Development District are those portions of the South Shore Redevelopment Project Area which are presently zoned in the following districts: RM-60, RM-100, C-1, C-5, C-6, MR and MU. The precise location of the Interim Development District is shown on the map designated as the City of Miami Beach Zoning District Map, dated and signed by the Mayor and City Clerk of the City of Miami Beach, upon adoption. This Zoning District Map, together with all notations, dimensions, references, and symbols shown thereon, pertaining to such districts, is hereby adopted by reference and declared to be as much a part of this Ordinance as if fully described herein. Section 22-5 Duration of Interim Development District The provisions of this Ordinance shall remain in full force and effect from its effective date according to law until the adoption of a revised redevelopment plan and the implementation of such plan through the enactment of permanent zoning controls, but in no event to exceed one (1) year. Section 22-6 Effect of Interim Development District A. Overlay District The Interim Development District (ID) is an overlay zoning district which is superimposed upon and which supplements, but which does not replace the existing underlying zoning districts and regulations otherwise applicable to the Area. The controls established herein are in addition to and not in substitution of the district regulations imposed by the RM-60, RM-100, C-1, C-5, C-6, MR and MU districts, as may be applicable to specific parcels within the Area. 5 • B. Other Laws and Ordinances Nothing in this Ordinance shall be deemed to affect, annul or abrogate any other law or ordinance pertaining to or applicable to the Area which can be given effect without abrogating the purpose, intent and requirements of this Ordinance. This Ordinance shall be deemed and interpreted to complement and supplement existing laws and ordinances. Section 22-7 Scope of Interim Development District Controls A. Interim Development Use Approval 1. Building Permits. No building permit shall be issued by the City for new construction, nor shall a building permit be issued for repair or rehabilitation of an existing structure where the cost of such repair or rehabilitation will exceed 50% of the assessed valuation of the subject property unless the applicant for such building permit has first obtained approval for such interim development use from the City Commission pursuant to the standards and criteria and the procedures specified herein. Any such application for interim development use approval for repair or rehabilitation of an existing structure shall demonstrate that the structure presently meets all applicable standards of the Miami Beach Minimum Housing Code and the South Florida Building Code or that the requested repairs or rehabilitation will result in such structure meeting all applicable standards of the Miami Beach Minimum Housing Code and the South Florida Building Code. 2. Development Permits. No development permit shall be granted with respect to development or use of property located in the Interim Development District unless the applicant therefore has first obtained approval for such interim development use from the City pursuant to the standards and criteria and the procedures specified herein. B. General Conditions Interim development uses may be approved by the City Commission in the Interim Development District in accordance with the procedures and standards of this Ordinance provided that: (1) the public health, safety, morals and general welfare will not be adversely affected; (2) the proposed interim development use will be consistent with the City Comprehensive Plan; (3) the proposed interim development use will be consistent with the standards and criteria contained in the Amended Redevelopment Plan and with the underlying intent and objectives of the proposed revisions to the Amended Redevelopment Plan for the South Beach Redevelopment Area as expressed in City Resolution No. 82-17222; (4) the density of the residential development and/or intensity of commercial development is consistent with the scale of development anticipated in the Area and where appropriate the intensity and density of the existing development in the Area; (5) when consistent with the current scale of development in the Area, the proposed interim development use or structure should be compatible by reason of appearance, use, and other factors with surrounding uses and structures; (6) adequate public facilities, including streets, sewer, water, parks and open space, storm water drainage and other public facilities and services are or will be available to serve the proposed interim development use; (7) adequate off-street parking will be provided; (8) all utilities will be placed underground; (9) an open space and landscaping plan will be submitted; and (10) necessary safeguards will be provided for the protection of surrounding property, persons and neighborhood values. 6 • C. Standards and Criteria for Interim Development Uses 1. Land Use Guidelines The following interim development uses are permitted in each of the following underlying zoning districts: (a) RM-60: apartments, condominiums, townhouses, other medium density residential development. (b) RM-100: apartments, condominums, hotels, motels, other high-density residential development. (c) C-1: medium-density residential development; professional and business offices; personal service uses; retail commercial; theatres; and restaurants. (d) C-5: high-density residential; retail commercial; professional and business offices; restaurants; hotels and motels; tourist-related commercial; marine- related commercial; entertainment. (e) C-6: retail commercial; professional and business offices; tourist-related commercial; marine-related commercial-recreation. (f) MR: Marina; Recreational boating and related facilities; Municipal buildings and uses. (g) MU: Municipal uses; public buildings; recreational facilities. 2. Development Standards Interim development uses shall be subject to the following standards: (a) Maximum Floor Area Ratio: R M-60 - 1.52 for sites comprised of one platted lot - 2.00 for sites comprising two or more platted lots. RM-100 - 3.00 C-1 - 2.00 C-5 - 3.00 C-6 - 1.00 (b) Minimum Lot Area: RM-60 - 10,000 square feet RM-100 - 10,000 square feet C-1 - 10,000 square feet C-5 - 10,000 square feet C-6 - 5,000 square feet 7 • (c) Minimum Lot Width: RM-60 - 100 feet RM-100 - 100 feet C-1 - 100 feet C-5 - 100 feet C-6 - 50 feet (d) Open Space Ratio*: RM-60 - 30% RM-100 - 40% C-1 - 30% C-5 - 40% C-6 - none * Open Space Ratio is the proportion of the site required to be in open space. Open space may include natural areas, recreational areas, lawns, landscaped areas, buffers and other areas free of buildings or structures. (e) Cumulative Impact of Development: Total development in the Area by land use type shall be within the minima and maxima established herein: Land Use Minimum Maximum Retail Commercial 233,000 75% of the sq. ft. maximum FAR permitted by the Zoning Ordinance. Office 31,250 75% of the sq. ft. maximum FAR permitted by the Zoning Ordinance Hotel 2,900 6,525 rooms rooms Senior Citizen/ 750 units Subsidized Housing Market Rate Residential 452 units 75% of the maximum FAR permitted by the Zoning Ordinance. 3. Additional Standards and Requirements (a) All required setback areas shall be landscaped and maintained. (b) All parking areas visible from the street shall be landscaped. (c) Off-street loading facilities, trash collection areas and any outdoor storage of materials shall be enclosed or screened. (d) All utilities shall be placed underground. 8 • k. (e) All required open space shall be landscaped. (f) Recreational areas shall be screened and landscaped. (g) All site plans shall be accompanied by a detailed landscape plan for the subject property. (h) All site plans shall be accompanied by Architectural guidelines for development of the structures and accessory uses proposed for the subject property. (i) Exterior signs shall be compatible with the land use guidelines and development standards herein. (j) No use or structure which by reason of appearance, traffic, smoke, noise, odor, glare or similar factors that would be incompatible with the surrounding area or structures shall be permitted. 4. Deviation from Standards and Criteria (a) The City Commission, on its own motion, or, in response to a request by an applicant for interim development use approval, may, for good cause shown, approve an interim development use which deviates from the standards and criteria specified in Section 22-7C. If such use is approved with deviations, the City Commission shall specifically find that such use meets each of the General Conditions of Section 22-7B herein. (b) A deviation from the standards and criteria contained herein shall be processed by the Planning Director and submitted to the Planning Board utilizing the procedure described in Section 22-8(B) of this Ordinance, prior to consideration by the City Commission. It shall take a five/sevenths vote of the City Commission to overrule the Planning Board on such issues. D. Exception for Subsidized Housing Within the redevelopment area, any subsidized housing project which has received conditional approval from the Department of Housing and Urban Development on or before the date of adoption of this Ordinance may be constructed and used as subsidized housing without further zoning approval by any department, agency or official of the City of Miami Beach so long as said project is constructed substantially in accordance with the site plan and other drawings which were approved by the Department of Housing and Urban Development as part of the grant of such conditional approval. Section 22-8 Procedure for Interim Development Use Approval A. Site Plan Required Each application for approval of an Interim Development Use shall be accompanied by a site plan meeting the requirements of Section 14-3 and Section 23 of the Zoning Ordinance, and containing such other information as may be required for a determination that such use will be in conformity with the general conditions specified in Section 22-7B herein and the applicable standards and criteria specified in Section 22- 7C herein. 9 • B. Procedure 1. Applications for approval for an Interim Development Use shall be submitted to the Planning Director, who shall review the application and site plan for sufficiency under the requirements of these regulations. Within a reasonable time after receipt of a complete application, the Planning Board shall hold a public hearing in relation thereto, at which parties in interest and citizens shall have an opportunity to be heard. At least fifteen (15) days' notice of time and place of such hearing shall be posted on the property in question in accordance with the requirements of Section 16 of the Zoning Ordinance. Within thirty (30) days after the public hearing, the Planning Board shall submit a report and recommendations to the City Commission. The report may contain additional conditions which should be imposed by the City Commission in approving the interim development use. The City Commission may establish additional conditions for an approval by a simple majority vote, but shall require a vote of five-sevenths of all members of the Commission to overrule a Planning Board recommendation for disapproval or to eliminate or substantially change any conditions attached to an approval by the Planning Board. 2. Approval of an interim development use under this Section shall become null and void unless construction or use is substantially underway within six (6) months after the date of Commission approval. Such interim use may also become null and void if all work is not completed within twelve (12) months after Commission approval. However, when extenuating circumstances or compelling reasons prevent the applicant from complying with conditions of approval within the above stated time periods, the applicant may request the Planning Board to grant a six (6) month extension of time to (1) initiate construction or use or (2) to substantially complete all construction work. No licensing permit or Certificate of Occupancy shall be issued until all conditions of approval have been met. Permits issued under an interim use approval may be revoked by the Code Enforcement Director for failure to comply with conditions of approval or applicable regulations. The procedure for amendment of an interim development use already approved, or a request for a change of conditions attached to an approval, shall be the same as for a new application, except that where the Planning Board determines the change to be a minor one relative to the original approval, the Planning Board may transmit the same to the Clerk of the City Commission with the original record without requiring that a new application and site plan be filed. An approved and operational interim development use which remains idle or unused in whole or in part for a continuous period of six (6) months or for eighteen (18) months during any three-year period whether or not the equipment, fixtures, or structures remain, • shall be required to seek re-approval of the use from the Planning Board and the City Commission. Such use shall not be permitted to be re-used until a new use approval has been granted. 3. An applicant requesting interim development use approval shall pay a filing fee of $200 to obtain a public hearing before the Planning Board. The above fee is for the purpose of defraying expenses of staff review, public notices and other administrative costs in connection with the review, approval and hearing processes. 10 • ZONING DISTRICT MAP ki 111 IS{_( • .1151 !lad (a r llt I oV i 417/' %I // �� 'i ZIv '�� 1 D -" ( 7// : ' Iglu : IF ! _ • 1r. �` tier' 1 1/ E 111* 4rx. law...I..�.eil_ ilkMiliiMem � , ! 1 / . 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Administration A. Enforcement Enforcement of this Ordinance shall he pursuant to the provisions of Section 14-1 of the Zoning Ordinance. B. Interpretation Interpretation of this Ordinance shall be pursuant to Section 15 of the Zoning Ordinance. C. Violations and Penalties Violations of this Ordinance and penalties therefore shall be pursuant to Section 17 of the Zoning Ordinance. SECTION 4: SEVERABILITY. If any section, sub-section, sentence, clause, phrase, or portion of this Ordinance is, for any reason, held invalid or unconstitutional by any court of any competent jurisdiction, such portion shall be deemed a separate, distinct and independent provision and such holding shall not affect the validity of the remaining portions of this Ordinance. SECTION 5: EFFECTIVE DATE This ordinance shall take effect ten days after adoption, on January 15, 1983. PASSED and ADOPTED this 5th day of January,1983. MAYOR ATTEST: CITY CLERK First Reading - 12/17/82 Second and Final Reading as amended - 1/5/83 LI RWP/SAY/rg Retyped 1/6/83 a �� te.1 7 y 11 i �• is 01 4� . bA a) (Y I 40a cn a) '0 m r-I v1 • • N Z O D Z rbJ M $.4 p OW Z (N.1 0. a) U •r1 p., •r I U a) +-/ C7 O z7 aMO0croZa �+ co 4-1 0 (--1 W O D, bDI-1 U .. •rI H W U • C7 O r1 ro a) co q ct3 (.) O W c0 O 1 a U Z • a) w • qHqO a -u C HHG) 0 Qp U •r-1 .E 4-I H H 0A NJ 41N Q p T7 •H 41 bO Ga O H a:A a) a) . H P Z 4-1 Q) 0 ocH.) Zp .0 0 N W Z H H 4 N 4-1 C/