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HomeMy WebLinkAboutItem #16 Oak Trail Reserve PUD AGENDA ITEM COVER SHEET Meeting Date: August 19, 2008 Item # l \ Contact Name: Contact Number: J. Antonio Fabre, AICP 407-905-3100 X 1019 Reviewed By: Department Director: City Manager: Subject: Oak Trail Reserve PUD 1) Amended land Use Plan 2) Final Subdivision Plan Project # lS-2007-010 Commission District # 4 - Joel F. Keller ISSUE: Should the Honorable Mayor and City Commissioners adopt an ordinance to Amend the land Use Plan and approve the Final Subdivision Plan for Oak Trail Reserve PUD? BACKGROUND: Oak Trail Reserve PUD is located on the northeast quadrant of the intersection of Clarke Road and Clarcona-Ocoee Road. The subject property is approximately 38.6 acres in size of which 3.1 acres are designated as conservation/wetlands. The subject property is currently undeveloped and is partially covered with trees mostly on the south side of an isolated wetland and along the eastern boundary of the property. The remainder is open field. The surrounding land to the north has been developed as unincorporated large-lot single-family residential, zoned A-1; to the west is vacant undeveloped land (Arden Park-North) zoned PUD; to the east is vacant partially treed land zoned R-1AA; and to the south is Clarke Road with vacant land in an unincorporated county enclave on the west side of the road zoned A-1 and on the east side of the road is Orchard Park Subdivision zoned R1-AA. The Future Land Use designation is "Low Density Residential" which allows up to 4 dwelling units per acre. The surrounding future land use is "Low Density Residential" except for certain portions to the north and east which are designated as "Conservation/Floodplains". The PUD was officially approved by the City Commission on August 17, 2004 for a maximum of 140 dwelling units. On November 7, 2006, the City Commission reviewed and approved the Preliminary Subdivision Plan (PSP) for Oak Trail Reserve. The plans originally indicated Townhomes on the southern portion of the site; however, due to the current market conditions and the SJRWMD requisites, the applicant has modified the plans to expand the single-family use onto the southern (town home area) portion of the site. Accordingly, the Land Use Plan was Amended to reflect the Applicants' request. The Final Subdivision Plan as proposed is consistent with the Preliminary Subdivision Plan and Amended Land Use Plan. DISCUSSION: The Final Subdivision Plan proposes 61 single-family residential lots with associated infrastructure. The approved PUD requires a minimum lot size of 75 feet by 125 feet. The minimum dwelling size for the single- family is 2,000 square feet. The maximum gross residential density is 3.6 dwelling units per acre. As shown in the Final Subdivision Plan, Oak Trail Reserve will be developed in one phase, and will include a recreational facility with a community clubhouse. There are approximately 3.1 acres designated as conservation/wetlands (Tract "D") which includes the corresponding 25-foot upland buffer area. The isolated wetland (Tract "C-1 ") to the south and center of the site is proposed to be used for an environmentally enhanced stormwater retention area consistent with the Annexation Agreement dated August 21, 2001. Use of the isolated wetland would also involve mitigation of all wetlands replaced within the tract and adjustment to the 100-year floodplain elevation. The St. Johns River Water Management District (SJRWMD) will review and permit for acceptability as it relates to water quantity and water quality. The FSP includes the extension of Clarke Road consistent with the City of Ocoee Comprehensive Plan and Orange County roadway improvements plans. The Development Agreement dated November 7, 2006 addressed the arrangement and implementation of the Clarke Road improvements. The scope of the Clarke Road Improvements consists of widening Clarke Road from two to four lanes from Orchard Park Drive to the main entrance of subject subdivision including intersection improvement with corresponding turn-lanes at Clarcona-Ocoee Road (See attached Clarke Road Improvements plans). The City has requested that the Developer/Owner to design, engineer and permit the western two lanes of the Clarke Road Extension and the southern improvements per the Development Agreement. Nevertheless, the Developer will be obligated to construct the eastern two lanes of the Clarke Road Extension with this FSP Approval. Future utilization and improvements on the Clark Road extension and realignment improvements will be further facilitated by the Arden Park Subdivision developers. Oak Trail Reserve FSP will have two (2) access points into the site; one which is from the northward extension of Clarke Road near the wetland, and the second access approximately 600 feet north of the south access point. Access into the site will utilize the extended Clark Road roadway. Accordingly, the property owner will provide road right-of-way for the widening of Clarcona-Ocoee Road and West Orange Trail realignment (Tract "G" 0.668 acres and Tract "P" 0.166 acres), and the northward extension of Clarke Road (Tract "F" 2.144 acres; 110 feet wide). The extension of Clarke Road will also result in a remnant parcel (Tract "E") that will be dedicated to the City. This remnant parcel is triangular in shape and consists of approximately 1.6 acres of land. It is located between Hobson Road & Clarcona-Ocoee Road intersection and the northward extension of Clarke Road. This tract is programmed to serve as a mini trail-head park in the future. The Developer is to remove the abandoned Hobson Road pavement upon opening of the Clarke Road extension/realignment. Orange County will be providing the water and sewer service while solid waste and reuse water service will be provided by the City. DEVELOPMENT REVIEW COMMITTEE RECOMMENOATION: The Development Review Committee (DRC) reviewed the Oak Trail Reserve Amended PUD/Land Use Plan and the FSP on June 25, 2008. According to the City's Land Development Code, alterations to an approved PUD Land Use Plan shall be classified as either substantial or nonsubstantial by the DRC. The Committee determined that the proposed amendment was considered a nonsubstantial amendment due to the criteria established in the City's Land Development Code. Additionally, there were some minor technical issues to be addressed from the Engineering Department and Planning Division that were identified in written staff comments and presented verbally. All of the issues were discussed and a few minor changes to the plans were agreed upon. In addition, the applicant was made aware of the following issues: . The City will require a copy of the SJRWMD permit prior to construction; . CLOMR-F (Conditional Letter of Map Revision based on Fill) must be approved prior to construction. After discussion was completed, the DRC voted unanimously to recommend approval of the Oak Trail Reserve PUD/Land Use Plan and Final Subdivision Plan, subject to the CLOMR-F requests been approved prior to construction and the changes discussed being made to the plans ahead of the Planning & Zoning Commission. After subsequent submittal and review, the Final Subdivision Plan for Oak Trail Reserve (date stamped June 9, 2008) addressed all remaining issues. PLANNING & ZONING COMMISSION RECOMMENDATION: The Planning and Zoning Commission reviewed the proposed Oak Trail Reserve FSP (nonsubstantial PUD/Land Use Amendments are not reviewed by the P&Z) on October 9, 2007. City Staff presented a brief overview of the project. City Staff and the Applicant answered several questions regarding crosswalks, sidewalks, and tree preservation. All of these questions were addressed adequately in the P&Z meeting. There was no one from the public to speak regarding this Final Subdivision Plan. After finishing its deliberations, the Planning & Zoning Commission voted unanimously to recommend approval of the Oak Trail Reserve Final Subdivision Plan as date stamped received by the City on June 9, 2008, subject to the CLOMR-F requests been approved prior to construction. STAFF RECOMMENDA TION(S): Based on the recommendation of the DRC, Staff respectfully recommends that the Mayor and City Commissioners adopt an ordinance approving the Amended PUD Land Use Plan for Oak Trail Reserve, as date stamped received by the City on June 9, 2008. Based on the recommendation of the DRC and Planning & Zoning Commission, Staff respectfully recommends that the City Commission approve the Final Subdivision Plan for Oak Trail Reserve PUD, as date stamped received by the City on June 9, 2008, subject to the CLOMR-F requests been approved prior to construction. Attachments: Location Map Surrounding Future Land Use Map Surrounding Zoning Map Aerial Map Location PUD Amendment Ordinance Amended Land Use Plan for Oak Trail Reserve PUD, date stamped June 9, 2008 Oak Trail Reserve Final Subdivision Plan, date stamped June 9, 2008 Clarke Road Improvements, date stamped June 9, 2008. Financial Impact: N/A Type of Item: x Public Hearing Ordinance First Reading X Ordinance Second Reading Resolution Commission Approval Discussion & Direction For Clerk's Deaf Use: Consent Agenda Public Hearing Regular Agenda Original Document/Contract Attached for Execution by City Clerk Original Document/Contract Held by Department for Execution Reviewed by City Attorney Reviewed by Finance Dept. Reviewed ( by N/A N/A N/A O:\Staff Reports\2008\SR080045_AF _OakTrailReserveJSP _CC.doc Copy of Public Hearing Advertisement Date Published SUNDAY, ~UGUST 10,2008 05 I Advertisement CITY 0 NOTICE OF OAl TRAIL lAND USE PllOJECT N NOTICE IS HEREBY GIVEN, pur- suantto Article IV, Section 4-5, 0, (3), (5), Ocoee Land Development Code. that an Tuesday, AUGUST 19, 2lID8, at 7:15 p.m., or as soon thereaf- ter as practical, the OCOEE CITY COMMISSION will hold a PUBUC HEARING at the Dcoee City Commission Cham- bers, 150 North Lakeshore Drive, Ocoee, Florida, to consider en ordinance re- ~uesting approval for a non- substantial amendment to the Land Use Plan for Oak Troll Reserve PUD, The property is located on the northeast quadrant of the ,intersection of Clarke Raqd and Clorcona-Ocoee Road. The Parcel I.D. Numbers ore 04-22-28-0000-00-013. 33- 21-28-0000-00-21 and 33-21-28- DIlOO-022. The ca'mplete' cos~ tlIe., in- Cluding 0 complete legol de- scription by metes, and bounds" may, be inspected at the Ocoee Planning De- ~~~i~"6'ilv~~O O~~~~~ ~?.;<,e~ do, between the hours of 8:00a.m, and 5:00 p,m., Monday through Friday, ex- cept legal holidays. The Ocoee Cily Commission may continue the public hearing to other dates and times, os. it deems neces. sory, Any interested party sh'oll be advised that the dote.. times, and places of any continuation of these or continued public hearings shoil be announced during the hearings and that no 19~~~e~~t~~~;e;'i\f!j,~r~~n~ lished. I nterested parties may ap- pear at the public hearing and be heard with respect to the proposed Land Use Plan Amendment, Any per- son wishing to appeal any decision made during the public hearing will neell 0 record of the proceedings and for this purpose may need to ensure that 0 verba- tim record at the proceed- ings is made which includes the~ testimony and evidence upon which the appeal is based. Persons with disabilities needing assistance to par. ticipote in any of the pro- ceedings should contact the City Clerk's Office 48 hours in advance of the meeting at (407) 905-3105. Beth Eikenberry, City Cierk COR805977 - 8110 e Oak Trail Reserve FSP Location Map I I I ..~ ~ L_ i ~ ----" I I I TROUT LAK~- . ~ . I ! I 1 i-------l ..J___ I TROUT LAKE LAKE SIMS LAKE MEADOW II......,'~~I.~P r ;0 \J ;0 () I c: ~ "" -. ro 0 5.. 2. 5- Ql 0 C (1) 0 (1) to 0 to a.:E ::J~. " Ql 0" () ::J Ql 2; 3 CD ::r -. 0 0 () ~ (1) a.1'fCil ~~ -3 en OC3 (1) g.Q..... en Ql _ ::J (1) ~. (1) ::J 'O""U Ql!9."Tl::t.~::Jg.no::Joen~Oa ::J to Ql 0 '" a. -.::J en ro ;::;::::>' "" a. ::r Q. ::Jo ~, C !!l. ~ Ql .3' ::J '< ;::. ~ ~ .....- en"" -~ C(1)W ~ 6 ~ ~ ~ q-, iii' 0;0 ~ ;0 2. a. ~ ~ i"' m a. :!! ~ - 3; m '< m Q.--i (1) ~ :::: 0 0 () _. ;0 a.: '0 (1) ""Ql::J 0 roa.CDCDQl~ OJ,<en'Oa. enCDen::Ja':;::;: o ~~"2. Ql;a.c:::t.CDO a. 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AN ORDINANCE OF THE CITY OF OCOEE, FLORIDA APPROVING A NONSUBSTANTIAL AMENDMENT TO THE LAND USE PLAN FOR OAK TRAIL RESERVE PUD ON CERTAIN REAL PROPERTY COMPRISING APPROXIMATELY 38.6 ACRES LOCATED NORTHEAST OF THE INTERSECTION OF CLARKE ROAD AND CLARCONA-OCOEE ROAD AND WEST OF THE WEST ORANGE TRAIL, AS PETITIONED BY THE PROPERTY OWNER; AMENDING TRACT B OF THE LAND USE PLAN FOR OAK TRAIL RESERVE PUD TO ALLOW FOR THE DEVELOPMENT THEREON OF EITHER: (A) UP TO A MAXIMUM OF 25 SINGLE FAMILY RESIDENTIAL UNITS, OR (B) UP TO A MAXIMUM OF 80 TOWNHOME UNITS, IN LIEU OF ALLOWING ONLY TOWNHOME UNITS, AS PREVIOUSLY APPROVED; PROVIDING FOR SEVERABILITY; . REPEALING INCONSISTENT ORDINANCES; PROVIDING AN EFFECTIVE DATE. WHEREAS, the owner of certain real property located within the corporate limits of the City ofOcoee, Florida, as described in the Exhibit "A" has petitioned the City Commission of the City of Ocoee, Florida (the "Ocoee City Commission") to approve an amendment (the "Amendment") to the Land Use Plan for Oak Trail Reserve, as approved by the Ocoee City Commission on August 17, 2004 (the "Land Use Plan"); WHEREAS, the Amendment was scheduled for study and recommendation and was reviewed by the Development Review Committee ("DRC") on June 25, 2008; WHEREAS, the DRC found that the Amendment constitutes a nonsubstantial amendment to the Land Use Plan and approved said Amendment; WHEREAS, the Ocoee City Commission held a de novo public hearing with public notice thereof with respect to the proposed Amendment and this Ordinance on 2008; ORLA_1087413.1 -1- WHEREAS, the Ocoee City Commission considered this Ordinance in accordance with the procedures _set forth in Section 166.041(3), Florida Statutes, and determined that this Ordinance is consistent with the Ocoee Comprehensive Plan. I NOW, THEREFORE, BE IT ENACTED BY THE CITY COMMISSION OF THE CITY OF OCOEE, FLORIDA, AS FOLLOWS: SECTION 1. Authority. The City Commission of the City of Ocoee has the authority to adopt this Ordinance pursuant to Article VIII of the Constitution of the State of Florida and Chapter 166, Florida Statutes. SECTION 2. Amendment to the Land Use Plan. The Amended Land Use Plan, which is attached hereto as Exhibit "B" and by this reference incorporated herein, is hereby approved. Said Amended Land Use Plan supersedes and replaces the previously approved Land Use Plan. All references to the Land Use Plan or the Amended Land Use Plan for Oak Trail Reserve PUD shall hereafter refer to the attached Amended Land Use Plan. SECTION 3. Ocoee Comprehensive Plan. The Ocoee City Commission hereby fmds that this Ordinance is consistent with the Ocoee Comprehensive Plan. SECTION 4. Inconsistent Ordinances. All ordinances or parts of ordinances in conflict or inconsistent herewith are hereby repealed and rescinded. SECTION 5. Severability. If any section, subsection, sentence, clause, phrase, or portion of this Ordinance is for any reason held invalid or unconstitutional by any court of competent jurisdiction, such portion shall be deemed a separate, distinct, and independent provision and such holding shall not affect the validity of the remaining portion hereto. ORLA_1087413.1 -2- SECTION 6. Effective Date. This Ordinance shall become effective immediately upOIlpassage and adoption. PASSED AND ADOPTED this _ day of ,2008. APPROVED: ATTEST: CITY OF OCOEE, FLORIDA Beth Eikenberry, City Clerk S. Scott Vandergrift, Mayor (SEAL) ADVERTISED ,2008 READ FIRST TIME , 2008 READ SECOND TIME AND ADOPTED , 2008 UNDER AGENDA ITEM NO. FOR USE AND RELIANCE ONLY BY THE CITY OF OCOEE, FLORIDA APPROVED AS TO FORM AND LEGALITY this _day of ,2008. FOLEY & LARDNER LLP By: City Attorney ORLA_1087413.1 -3- EXHIBIT" A" Legal Description OVERALL BOUNDARY DESCRIPTION That portion of Section 33, Township 21 South, Range 28 East, and that portion of Section 4, Township 22 South, Range 28 East, Orange County, Florida described as follows: Begin at the Southwest corner of the Southeast 1/4 of aforesaid Section 33; thence North 000 05' 11" East along the West line of the Southeast 1/4 of Section 33 for 594.20 feet to a point lying 815.00 feet Southerly of the Northwest corner of the Southwest 1/4, of the Southeast 1/4 of Section 33, said point also being the Northwest corner of Parcel NO.2 described in Exhibit A, Official Record Book 5123, Page 120 of the Official Records of Orange County, Florida; thence North 670 40' 37" East along the northerly boundary of said Parcel NO.2 for 32.46 feet to the East line of the West 30.00 feet of the Southwest 1/4 of the Southeast 1/4 of said Section 33; thence North 000 05' 11" East along said East line for 787.49 feet to the South line of the North 15.00 feet of the Southwest 1/4 of the Southeast 1/4 of Section 33 and the Southerly right-of- way line of Trout Lake Road according to the plat of TROUT LAKE ROAD as recorded in Plat Book 3, Page 9 of the Public Records of Orange County, Florida; thence South 890 39' 15" east along said South line and southerly rights-of-way line of Trout Lake Road for 1296.90 feet to the East line of the Southwest 1/4 of the Southeast 1/4 of Section 33; thence South 000 10' 58" West along said East line for 182.76 feet to the Northerly boundary of the West Orange Trail formerly the CSX RAILROAD formerly the ATLANTIC COASTLINE RAILROAD; thence along the northerly boundary of the West Orange Trail as described in Parcel 125A, Official Records Book 4814, Page 3816 and Parcel 124 Official Record Book 5004, Page 3955 of the Public Records of Orange County, Florida the following courses: run Southwesterly along the arc of a circular curve concave Southeasterly having a radius of 1303.24 feet a chord bearing of South 330 00' 22" West and a central angle of 23n 45' 14" for 540.30 feet to the Point of Tangency; thence South 210 01' 45" West for 175.70 feet to a Point of Curvature with a circular curve concave northwesterly; thence Southwesterly along the arc of said curve having a radius of 2834.79 and a central angle of 090 12' 52" for 455.90 feet; thence South 590 39' 23" East along a radial line for 5.00 feet to a intersection with a circular curve concave northwesterly and being concentric with the previous described curve; thence Southwesterly along the arc of said curve having a radius of 2839.79 and a central angle of 040 12' 08" for 208.28 feet to the Point of Tangency; thence South 340 32' 45" West for 290.02 feet with a Point of Curvature of a circular curve concave Northwesterly having a radius of 1612.02 and a central angle of 250 26' 33" for 715.83 feet to the West line of the Northeast 1/4 of aforesaid Section 4; thence departing aforesaid Northerly boundary of the West Orange Trail run North 010 27' 08" East along said West line of 719.69 feet to the Point of Beginning. Containing 38.62 acres, more or less. TOO-B50 ORLA_1087413.1 -4- . EXHIBIT "B'" [Amended Land Use Plan] [See attached sheets] ORLA_1087413.1 -5- .- ~ PINELOCH MANAGEMENT CORPORATION ~ lE~IE~WlE ~ MAY "" 9 2008 CllY OF OCOEE May 8. 2008 Mr. Russ Wagner Community Development Director City of Ocoee 150 North Lakeside Drive Ocoee, FL 34761 Re: Clarke Road Design associated with Oak Trail Reserve Development Dear Mr. Wagner: As part of the Oak Trail Reserve application, it was Center Lake Properties' responsibility to design and build two lanes of the new Clarke Road from Clarcona- Ocoee Road to the main entrance into the Oak Trail project. In meetings with the City attended by David Wheeler, Paul Rosenthal, and you, the City requested that Center Lake Properties proceed with the design of the full width of Clarke Road from Orchard Park Drive (approximately 1000 feet south ofClarcona-Ocoee Road) to the Oak Trail Reserve main entrance (total of approximately 2000 feet). It was agreed that the City would reimburse Center Lake Properties for the additional design fees for the expanded scope as detailed on the attached Exhibit A prepared by Professional Design Associates, and summarized as follows: Roadway Section A: Eastern 2 lanes of Clarke Road from Clarcona-Ocoee Road north to the entrance of Oak Trail Reserve (approx. 1000 feet). Roadway Section B: Western lanes of Clarke Road from Clarcona-Ocoee Road north to the entrance of Oak Trail Reserve (approx. 1000 feet). Roadway Section C: Widening of Clarke Road from Clarcona-Ocoee Road south to the entrance of Orchard Park Drive (approx. 1000 feet). Design and survey fees to be reimbursed (for Sections B and C) are as follows: Design Survey Total Payment Responsibility Section B $35,000 $4,420 $39,420 Arden Park Section C $60,000 $8,830 $68,830 City of Ocoee Total $95,000 $13,250 $108,250 The design is complete and at this time we are requesting that the City reimburse Center Lake Properties in the amount of $108,250. bverytru1~YYOj,~ ~ . . '. 0"~ '- . chard Go ez 0 P.O. Box 568367. Orlando. FL 32856-8367. 102 W. Pineloch Street. Suite \0. Orlando. FL 32806-6133 (407) 859-3550 · FAX (407) 650-0303 . " ~HitH'i@f De.ti,n-IJ;;t;mtlleh----llu:u E'^'9~Y., P~y~L~Ar~ Exhibit A Clarke Road Design North of Clarcona - Ocoee Road and South of Clarcona - Ocoee Road This exhibit provides a breakdown of engineering and permitting costs associated with the design of Clarke Road in the vicinity of the Oak Trail Reserve project. More specifically, the scope of work is to include the following: Roadwav Design Sections: A. Engineering Design of Oarke Road extension North of Clarcona-Ocoee Road for the 2 lanes plus 1 turn lane to access Oak Trail Reserve, up to the intersection of Clarke- Hobson Road (approximately 1,000 feet). B. Engineering Design of an additional 2 lanes for the Clarke Road extension, North of Clarcona-Ocoee Road intersection, approximately 1,000 feet to the Oak Trail Reserve Project entrance. This design section to include 4 additional lanes at the Clarcona-Ocoee Road intersection and will taper to the 2 lanes toward the Oak Trail Reserve Project entrance designed under Design Section A. C. Engineering Design of Clarke Road for the addition of 2 lanes, (2 lanes existing) to approximately 1,000 L.F. South of the Clarcona-Ocoee Road intersection. This design section will include 6 lanes at the Clarcona-Ocoee Road intersection. Included in this item is Stormwater Retention Pond Design to accommodate full roadway build-out. The design cost and survey cost breakdown: Section A Section B Section C Total Design $25,500 $35,000 $60,000 $120,500 Survey $4,420 $4,420 $8,830 $17,670 Total $29,920 $39,420 $68,830 $138,170 Payment Responsibility Center Lake Properties Arden Park City of Ocoee Note: All fees to date have been paid by Center Lake Properties. 3::z.qj.. fv1~tMKe" 13~~ S~ j..QO Ol'~, FI.o-r~ 32.803 FGViU (407) 8 Q 8 - 2.~44 P~(407) 8Q8-j..530 Copy of Legal Advertisement Seil\:ll' l\e.-I iJ de-, s.crip '00 . by metes aITd bounds. m"l' 'be "IISpecled ~~e~~ PN~r~nM:: shore DrJ.''1le; Ocoee" F'!ori. do., -be.tweeo Ihe hours 01 1ig~dgY'r~ ~rO~o~;.~ .cept legal ~9IIdavs. '. I The 0<:000, Cfly Commission may cpntinue the pub.lic hear;ng.lo.Gllher dales, and times. as 1,1 deems neces- sary. AnY' ,..Ieresled parly shalf be ady.jsedlhal Ihe g~~~oJI~~"g~dafl~~~~ g~ continued' publIc hearings iog no ,resar:djrig. these, mal en ,w,11I ,be. pub- Jlshed. '1 nle,ested _.parlies may ap- ~~~r ~~~u~rl~ ~~~~~~~ 10 I.he proposed Land' Use Plan Amendlnen!. Any per-- san wislr,ilt."ta appeal any g~gir2?~~V: ~nri~~~hg recard.of. the proceedioSs and lor'thjj;, purpose may need 10 ensure Ihal a verba. 11m record 01 the proceed- ings is'made which includes the, testimony ond evidence I upon which Ihe, OPlleal is' based.:., . , Persons, wlt'h dlsabilHies needing assi.stance to' oar. tlClpate in any 01 :the pro- 'l"~i~rir~~auld Can:~~~~i ~~; meeting Beth -sltertilerry" City. qeck ", COR817291-AUG.24 Date Published S ulAJiGU,J- { PnuYJJ)'+ d--4-( 2-00 f Advertisement