HomeMy WebLinkAbout05-20-1993 Public Hearing and Regular Meeting of the La Porte Planning and Zoning Commission•
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E
MINUTES
MINUTES
• PLANNING & ZONING COMNIISSION MEETING
MAY 209 1993
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Members Present:
Members Absent:
City Staff Present:
Others Present:
I. CALL TO ORDER
Chairman Betty Waters, Commissioners Dottie Kaminski,
Wayne Anderson, Ronald Gragg, Eugene Edmonds,
Inge Browder, Howard Ebow
Planning Director Chuck Harrington, Assistant City Attorney
John Armstrong, Planning Secretary Peggy Lee
Ed Cooke, Jim Gartrell
Meeting was called to order by Chairman Waters at 7:05 PM.
II. APPROVE MINUTES OF THE APRIL 1, 1993, PLANNING AND ZONING
COMMISSION PUBLIC HEARING AND REGULAR MEETING AND THE APRIL
29, 1993, PUBLIC HEARING AND REGULAR MEETING.
A motion was made by Eugene Edmonds to approve both sets of minutes. The
motion was seconded by Ronald Gragg. All were in favor and the motion passed.
III. CALL PUBLIC HEARING TO ORDER. THE PURPOSE OF THE PUBLIC
HEARING IS TO CONSIDER A REQUEST BY BAYOU FOREST PROPERTY LTD.
TO REZONE (REQUEST #R93-001) A 107.356 ACRE TRACT OF PROPERTY
WHICH IS LOCATED AT THE SOUTHEASTERN CORNER OF THE HWY
146/MCCABE ROAD INTERSECTION. THE PROPERTY IS CURRENTLY
ZONED PUD (PLANNED UNIT DEVELOPMENT). THE APPLICANTS ARE
SEEKING TO HAVE 94.4768 ACRES REZONED TO R-1, LOW DENSITY
RESIDENTIAL. A REZONING TO GC (GENERAL COMMERCIAL) IS
REQUESTED FOR THE REMAINING 12.8792 ACRES.
Mr. Harrington stated that staff had some concerns regarding the stripping of the
Commercial Zoning along SH 146 and the zoning of General Commercial versus
Neighborhood Commercial.
Page 2 of 4
• Planning and Zoning Commission
Minutes of May 20, 1993
He noted that staff had met with the owners and engineers and it was decided that
the owner would redraw the plat to show residential zoning instead of commercial
zoning up to SH 146.
The applicant has submitted a revised plat which reflects changes to meet staffs
comments from the original plat. All of the items staff had commented on have been
addressed. In addition, staff has requested a report regarding the lagoons as they
relate to storm water detention. Staff recommends approval of the Bayou Forest
Phase III General Plan subject to the issue of the lagoons being addressed.
A. PROPONENTS
Ed Cooke, Owner
Jim Gartrell, Engineer
B. OPPONENTS
• There were none.
Jim Gartrell stated that initially the lagoons would be stocked with large -mouthed
bass, blue catfish, sunfish, and minnows. The lagoons are to look irregular and will
be mowed by the property owner all the way down to the water.
Chairman Waters asked if the lagoons (those located on the same side as Taylor
Bayou) drain into Taylor Bayou. Mr. Gartrell stated that the lagoons will be at a
higher elevation than Taylor Bayou. When the lagoons fill up, they will drain
through an 18" exchange pipe into Taylor Bayou. When Taylor Bayou reaches its
limits, the water will pass this subdivision. The lagoons are required to hold an
approximate 6" rainfall.
Chairman Waters asked who is going to be responsible over the years for keeping the
lagoons dredged so their depth may be maintained. Mr. Gartrell stated they
anticipate overdredging the bottom of the lagoon by 2 feet. This would hold the
settlement for the first 12-15 years. When necessary, a grade -all could be driven
along the banks to dredge up the settlement and be loaded in a dump truck. This
activity will be the responsibility of the Homeowner's Association. Mr. Gartrell said
he would suggest the subdivision maintain a Homeowner's Association and a
Maintenance Committee, with the Maintenance Committee controlling the money.
to
Page 3 of 4
• Planning and Zoning Commission
Minutes of May 20, 1993
Chairman Waters asked if application had been made for a permit to have a well.
Mr. Gartrell said there should be no problem with obtaining a permit because of the
size of the well. The well will pump from a depth of 120 feet. As soon as the
General Plan is approved, application will be made.
Mr. Harrington asked if there would be any considerations given to having walking
trails alongside the lagoons which would provide an additional amenity to the
subdivision. Mr. Gartrell stated he would look into it.
Chairman Waters asked if there would be fencing for properties abutting the lagoons.
Mr. Gartrell stated it would be the property owner's discretion as to whether or not
they wanted to put up fencing.
Mr. Gragg suggested there be no motorized boat traffic on the lagoons. Mr. Gartrell
stated that the only water vehicles which would be allowed are row boats, canoes,
paddle boats and flat bottom boats.
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IV. CLOSE PUBLIC HEARING
V. CONSIDER RECOMMENDATION TO CITY COUNCIL REGARDING REZONING
REQUEST R93-001
VI. CONSIDER APPROVAL OF THE BAYOU FOREST PHASE III GENERAL PLAN.
A motion was made by Ronald Gragg to approve the General Plan of the Bayou
Forest Phase III Subdivision. The motion was seconded by Wayne Anderson. All
were in favor and the motion passed.
VII. CONSIDER APPROVING A REPLAT OF PARTS OF LOTS 11 & 12 AND ALL OF
LOT 13; BLOCK 22; BAYSIDE TERRACE SUBDIVISION AND LOT 9; BLOCK 13;
BAY OAKS SUBDIVISION.
Mr. Harrington informed the Commission that he had recently learned that this type
of request requires a mailout notifying adjacent property owners of the request. This
to will be done and brought before the Commission at the next meeting.
Page 4 of 4
• Planning and Zoning Commission
Minutes of May 20, 1993
VIII. STAFF REPORTS
There were none.
IX. ADJOURN
Chairman Waters declared the meeting duly adjourned at 7:40 PM.
Respectfully submitted,
•
Peggy
Planning Department Secretary
Approved on this the 17th day of June, 1993
W ers
Planning and Zoning Commission Chairman
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BAYSIDE
TERRACE AND BAY
REPLAT
OAKS SUBDIVISION
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Rand W. Valentin
3201 Bayshore Blvd.
La Porte Texas 77571
Mr. Charles Herrington
Planning Manager
City of La Porte
P.O.Box 1115
LaPorte, Texas 77572-1115
Attention: Mr. Phil Hoza
Dear Sirs:
May 13, 1993
The purpose of this letter is to request the replat of my property in La Porte. I
currently own a portion of Lot 13, Block 22, Bayside Terrace as well as Lot 9, Block
13, Bay Oaks. Both properties are in La Porte and are adjacent to each other. There
are no lien holders on either property. The reason for this request is to align the two
portions into one lot that is similar to others adjacent to the area. Once this is
completed, it is my intention to build on the replated lot.
• I have attached a survey showing the two properties with the old border separating
them. As you can see, the combined single property is more normal is shape to others
in the Bay Oaks subdivision of La Porte.
Thank you for your assistance in this matter.
Attachments
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Very truly yours,
W - M
-NJW�000- 1
• Staff Report Request to Replat Sections of June 17, 1993
Bayside Terrace and Bay Oaks Subdivisions
Requested For: Parts of Lots 11, 12 and all of Lot 13; Block 22; Bayside Terrace
Subdivision. Lot 9; Block 13; Bay Oaks Subdivision. (See Exhibit
attached)
Requested By: Randolf and Cathy Valentin, property owners.
The tracts described above are adjacent lots that had been combined to form a single
homesite. A house and garage are situated on the Bayside Terrace lots. A swimming pool
is located on the Bay Oaks lot. The property owner has resplit the property.
The lots containing the house have been sold. The owner has retained and intends to build
a new home on the lot in the Bay Oaks Subdivision. The owner is seeking to replat the
property. The replat would remove approximately 3,922 square feet from Lot 13; Bayside
Terrace and add the property to Lot 9; Block 13; Bay Oaks. The purpose of the requested
replat is to add approximately 53 feet of bay frontage to Lot 9 in Bay Oaks.
• The remaining portion of Lot 13 in Bayside Terrace will be comprised of approximately
21,713 square feet. The depth of the lot will remain unchanged. The width of the lot (at
the point abutting Fondren Ave.) will remain unchanged. Lot 13, as reconfigured, will
continue to conform with Bayside Terrace Deed Restrictions and with applicable City
ordinances.
The City's Development Ordinance No. 1444 and state law allows for a replat or re -
subdivision of a recorded subdivision plat, or a portion thereof, but without vacation of the
immediate previous plat, is hereby expressly authorized to be recorded and shall be deemed
valid and controlling when:
A. It has been signed and acknowledged by only the owners of the particular
property which is being replatted or resubdivided.
B. It does not attempt to alter, amend or remove any covenants and restrictions.
C. There is compliance, when applicable, with Section 212.014 and 212.015 of
V.T.C.A. local government codes.
D. It has been approved by the Commission after being prepared and filed as
though it were an original plat as specified in Section 4.04 of the Ordinance;
and
Page 2 of 2
Replat Request
Staff Report/6-17-93
E. All expenses incurred by the City or the subdivider in the Replat process shall
be borne by the subdivider, including costs of notice of public hearing.
Staff has reviewed the proposed replat and finds that the revisions necessary to comply with
City of La Porte requirements have been completed.
There is a five foot (5') utility easement which runs along the northern property line of Lot
9 in Bay Oaks. If the requested replat is approved, this easement will bisect a portion of
Lot 9. As the applicant is not seeking to relocate or abandon this easement, it has not been
considered as a factor in this request. Normal Zoning Ordinance setback requirements will
apply to any structures built in proximity to this easement.
The Development Ordinance authorizes the Planning and Zoning Commission to take the
following actions when considering replat requests. The Commission may within thirty (30)
days of the filing date, take one of the following actions.
1) &prove the Final Plat as filed;
2) Disapprove the Final Plat as filed, provided the reasons for such disapproval
are stated in writing and a copy of the statements is signed by the Chairman
of the Planning Commission.
Commission action shall be noted on three (3) copies of the Final Plat, which
shall be distributed to the developer, Department, and official files of the
Commission.
Final Plats: Effect of Approval
1) Approval of a Final Plat as filed and all accompanying documentation by the
Commission, together with approval of Public Improvement Construction
Documents by the Director shall result in issuance of a Development
Authorization by the Department which permits the developer to begin
construction of subdivision improvements. Not applicable in this case because
it does not involve construction.
2) Disapproval of a Final Plat requires filing of a new Final Plat.
If approved by the Planning and Zoning Commission and once the changes to the replat are
made and approved, the Chairman shall sign and release the replat for recordation with a
40 return map agreement.
This replat complies with applicable City of La Porte Ordinance and State Law. Staff
recommends approval subject to the revisions listed in this report being completed.
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By graphic plotting only, this property is in Zone ALE of the rlood Ins,uanoe
sate rap, Cm mality Panel N,. 48201C 0375G effective date Se+*ember 28, 1990.
THAT CERTAIN TRACT OR PARCEL OF LA4V BEING A PORTION OF LOTS 11 AND 12 AND
ALL. OF I.OT 13. DLOCL 22 Of BAYSIDE TERRACE. AN ADDITION IN HARRIS COUNTY.
TEXAS. ACCORDING TO THE MAP OR PLAT THEREOF AS RECORDED 1N VOLUME 6. PACE
S. OF 7H- MAP RECORDS OF HARRIS eoewm'. TEXAS. AND LOT 9. BLOCK 11 Of BAY
OAKS SUBDIVISION, ACCORDING TO THE MAP OR PLAT TREREOf AS RECORDED IN
VOLUME I0. PACE 9 OF THE MAP RECORDS OF HARRIS COUNTY. TEXAS- BEING
DESCRIBED B1' METES AVD BOUNDS AS FO..[.M'S:
SCGINRIIIG AT A I INCH IRON ROD FOUND AT TIME SOUTHWEST CORNER OF LOT 13,
RLIN" -. ON
RAY
TERRACE. BEING IN THE EAST RIGHT -OF -MAY Of fORES
AVm":
THENCE NORTH 42 DEGREES 30 MINUTES 00 SLCONDS WEST'
AT 16 FEET PASS THE
COMMON InRNER OF LOT 12 AND LOT 13. AT 66.0 FEET PASS THE COMMON CORNER Of
LOTS it AND 12. AND CONTINUING FOR A TOTAL DISTANCE OF 69.79 FEET TO A
POINT FOR CORNER REING THE SOLTHFRNMOST CORNER OF A 0.5459 ACRE TRACT Of
LAND:
THENCE NYMTN ES DEGREES 59 MINUTES 46 SECONDS EAST. A DISTANCE OF 66.78
FEET ALONG THE SOUTHERLY LIKE OF SAID 0.5459 ACRE TRACT TO AS ANGLE POINT;
THENCE NORTH 47 DECREES 30 MINUTES 00 SECONDS EAST. A DISTANCE OF I96.5O
FEET TO A FOUND NAIL IN BULK HEAD FOR CORNER:
THENCE SIOYH 44 DEGREES 42 NIN'TES 00 SECONDS EAST, AT 29.50 FEET PASS THE
COMMON CORNER Of LOT 12 AND LOT 13. AVID
AT 205.41 FEET PASS THE COMMON
CORNER OF LOT 13. BLOCK 22 OF PAYSIDE TERRACE AND LOT 9. BLOCK 13 OF BAY
_ OAKS. AND CONTINUING FOR A TOTAL DISTANCE OF 264.32 FEET TO A RAIL IN BULK
HEAD FOCSD FOR CORNER:
THENCE SOUTH 49 DEGREES 32 MIN -,TES 40 SECONDS WEST. A DISTANCE OF 9S.49
FEET. (CALL SOUTH 49 DEGREES 3(. MINUTES 00 SECONDS WEST. 99.53 FEET) TO A
112 INCH IRON ROD FWKD MR CORNER:
THENCE "--TH 76 DEGREES 16 MINUTES OP SCCONDS WEST. FOR A DISTANCE IMF 171.4
FEET TD A 1 INCIM IRON Ron FOUND For CORNER;
THENCE NORTH it DEGREES '9 MINUTES .16 SECOWDS WEST. ICALL NORTH 11 DEGREES
10 MINUTES 00 SECONDS WEST, FDA A DIST\NCE OF 95.64 FEET (CALL 96.00) TO A
1/2 INrH IRON ROD FOUND FOR CORNER IN THE SMM- I LINE OF Ian 11. BLCICL 22 OF
RAYSIDE TERRACE;
THENCE SOUR 76 DEGREES 10 MINUTES 20 SECONDS WEST. FOR A DIRTANCE OF 64.46
FEET ICALL SOUTH 79 DEGREES 21 MINUTES 00 SECONDS WEST- 64.13 FEET' TO THE
PLACE OF BEGINNING CONTAINING 1.2602 ACRES OF LAND.
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• GLEN MEADOWS SUBDIVISION SECTION V
PRELIMINARY PLAT
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• Staff Report Glen Meadows Subdivision June 17, 1993
Section V
Item No. 6 on the agenda is to consider a preliminary plat approval for Glen
Meadows Subdivision, Section V.
On December 17, 1992, the Planning and Zoning Commission approved the overall
General Plan for the subdivision which was to be phased in several sections in conjunction
with housing market conditions.
The developer, in accordance with Development Ordinance requirements, is now
submitting a preliminary plat for Glen Meadows Section V. This will be the first section
to be developed. Separate plats will be submitted for each section as the developer is ready
to develop them.
Commission Approval of the preliminary plat will authorize the developer to begin
construction of the subdivision infrastructure, streets, utilities, etc.. Once all public
improvements have been completed and accepted by the City, the developer will submit a
final plat for Commission approval. The Final Plat will be filed with Harris County
• following this approval.
Staff has reviewed the Glen Meadows, Section V plat for compliance with the
requirements of Development Ordinance Appendix D. Based on the review staff has found
the following:
A. GRAPHIC CONTENTS:
1. Name of subdivision: Properly noted.
2. Type of development: Properly noted.
3. Description of land: Properly noted.
4. Separate properties: Properly noted.
5. Name of developer: Properly noted.
6. Name of Planning Consultant: Properly noted.
7. Filing Date: Properly noted.
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Page 2of4
Glen Meadows Section
V
Staff Report of June 17, 1993
8.
Scale:
Properly noted.
9.
North arrow:
Properly noted.
10.
Key map:
Properly noted.
11.
Perimeter boundaries:
Properly noted.
12.
Adjacent properties:
Properly noted.
13.
Physical features:
Properly noted on page 4; (note:
page 1 & pages 3-15 of plat
submittal are not included in the
agenda packet but will be available
at the June 17 meeting.)
14.
Contour lines:
Properly noted on page 3.
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15.
Building lines:
Properly noted.
16.
Layout and identification:
Properly noted.
17.
Condominiums:
Not applicable.
18.
Reserves:
Not applicable.
19.
Streets:
Properly noted.
20.
Street names:
Properly noted. It has been
verified that no duplications of
existing street names exist.
21.
Utility easements:
Properly noted.
22.
Flood hazard area:
Not applicable.
23.
Survey monument tie-in:
Location of the nearest City
approved survey monument is
indicated on the approved
subdivision General Plan. It is,
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therefore, not required to be
referenced on individual section
plats.
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Page 3 of 4
Glen Meadows Section V
Staff Report of June 17, 1993
24. Survey control monuments:
B. DOCUMENTATION:
Properly noted. Staff is working
with the developer to establish the
most advantageous locations for
survey control monuments
throughout the entire subdivision.
The monuments shown on the plat
are adequate for Section V. Any
change of monument location will
be shown on the Final Plat.
1. La Porte Development Checklist: This requirement was satisfied as
part of the General Plan review
and approval process.
2. Title certificate: Not yet submitted.
• 3. Utility Schematics: Properly noted on Pages 5-15 of
plat submittal.
All Preliminary Plats require final approval from the Commission. The Development
Ordinance requires that following review of the Preliminary Plat, the Commission shall,
within thirty (30) calendar days of the filing date, take one of the following actions:
1. Approve the Preliminary Plat as filed;
2. Conditionally approve the Preliminary Plat as filed, provided, the reasons are stated
in writing and a copy of the statement is signed by the Chairman of the Planning
Commission.
3. Disapprove the Preliminary Plat as filed, provided the reason for such disapproval
are stated in writing and a copy of the statement is signed by the Chairman of the
Planning Commission.
Commission action shall be noted on three (3) copies of the Preliminary Plat, which shall
be distributed to the developer, Department, and official files of the Commission. Unless
stipulation for additional time is agreed to by the subdivider, the failure of the Planning
Commission to act within thirty (30) days from the date of the filing of the plat by the
• developer, will cause the plat to be deemed approved.
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Page 4 of 4
Glen Meadows Section V
Staff Report of June 17, 1993
1. Approval: Commission approval of the Preliminary Plat authorizes the subdivider
to file a Final Plat.
2. Conditional Approval: Commission conditional approval requires submission of an
amended Preliminary Plat and additional documentation as specified by the Planning
Commission for final commission approval.
3. Disapproval: Commission disapproval of a Preliminary Plat requires submission of
a new Preliminary Plat.
In the event the subdivider fails to file a Final Plat within one year of Approving Authority
approval of the Preliminary Plat, approval of said Preliminary Plat shall terminate upon
written notice to the subdivider or owner. The subdivider or owner may request in writing
a one year extension specifying the reasons why a Final Plat has not been filed.
CONCLUSION:
• As of the date on which this report is being drafted, the applicant has not submitted the
required title certificate information. This is the only outstanding plat item which remains
to be resolved. Staff has been working with the developer and expects the remaining
information to be submitted prior to June 17. Subject to receipt of title certificate
information, staff recommends approval of the Glen Meadows Section V subdivision plat.
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1. A o,te foot reserve is hereby estoblished within
the street right of way adjacent to all unrsstricted
rVt� Cf unptaNed 2Cfeage_ -aid am teat reserve
shall bd dedicate•1 to the WCGC and shad 0e
feraared and ttlereatter be rested n in.- pu01iC `�
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1' RESERVE Rat7C.00
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ZT1211L, IN
7Sa
0 -'P =z.;. - - -- - -- T SURVEYOR:
BILLY R. FOSTER & ASSOCIATES
5 .90'00-00= E - 608.00 SURVEYING, INC.
BILLY R. FOSTER, R.P.L.S.
8 OO sg b g e F - -- - - - - 3425 FEDERAL STREET
`y.4`• ; _ ors Ala 4
11-_E E�7la P J as 11 PASADENA, TEXAS 77504
• / r-NPHONE: (713) 941-0070
42 / -/ "I--"r-, >"' -ems--- -- PARKCRESf-n DRWE-
,.� 41 r'�, e ° :..t , .m a4e Ieo . -- -t ENGINEEER:
40 g z 39 ;ia €; €is € s ,� €� s i-' -� of MUNICIPAL ENGINEERING CO., INC.
a,- g 3e 9le 37 A'a 3F �.a - s € 5„ '�32 €'a-1 €18 30 € $
�' ai's saes N JOHN D. GARNER, P.E.
/- a: d-----,.ea_--"- _.;,¢ __ +.o..�.�.�.- _•„*-n�!_ n, - - _ "Q 3301 FEDERAL STREET
18$ a•s `ajg € PASADENA, 77504
{ J L;aias is 4F 24 2t 26 4.f z7 F:sz=2. j PHONE: (7139 S-8988
"1 . N .t
--- LHAttEI'--I;;6K--COURT----- - all - ^4 _ DEVELOPER /OWNER•
e �.t"" a 'a a a - $ - - G�NWEW GLEN MEADOWS PARTNERS, A Texas
4 a 4�I
-
t -�- T - -�-W- o��a , • _. .4 i ""° - r General Partnershipb
"sl y 3 p;§ 52 €!� .1 c se V - 49 ; ' '� - € s ,s r- s SOUTHEAST- LAND OMPANY, LTD.
�J kj_ T 2L ;c 19�=1n €P 1i €�1E_
------ HOLCOMB s�=-- ==.E- -- siz _F..� _-,- _�i=._ HOLCOMB PROPERTIES COMPANY
JAMES R. HOLCOMB, MEMBER
m i n.,e nm ,aae ape ! ,ees' nose 3••' ,rat•• •its ma.• rea-� rose '-__
------------ -------WEST � iTt3�3--------- :---r---------Y� - - - - _ d�31010T POST OAK BLVD.
1 t 2 1 3 1 4 1 5 6 7 8 9 1C 11 - 12 13 14 15 SUITE L 1 1 1 O
t;S 02 52'30' - 2;4.85 - HOUSTON, TEXAS 77056
PHONE. 1 6 - 68
_ (7 3) 26 21
i'
r -- - - - - - - - - `-- - -- - - - , -- A,- - - - - - - PRELIMINARY PLAT
OF
t FrcGLEN MEADOWS SECTION FIVE
6EI110 A 21,a343 ACRE TRACT OF lawrC ^LR ^ THE
• cre1+ .UF1Rr :^V'Rf_ ,rfw aEvT eJ. LAYNE UXWSK% N -HE wit. aCNLr SURVEY.
Ab57M.T 4M IURIM COUNTY, TEJ &
' ,- vE 'tlalty FI �,iFaVf -
GCNrM INa
' 6L 9LTytlt0 IaE 2 fa.00115 SC tOF_
1 RESOK
Ix O Ix 200 3Cc F•al
SCALE:
'U*LYRY 2:. 1993
R&. AM 1, 1923
REV. char tt, 1995