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STAFF' S
REQUEST ANALYSIS
AND
RECOMMENDATION
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October 28, 2009 BS
Gray Land and Development Company, LLC
Midlothian Magisterial District
Watkins Elementary; Midlothian Middle; and Midlothian High Schools Attendance Zones
Northwest corner of Watkins Centre Parkway and Route 288
REQUEST: Amendment of Conditional Use and Conditional Use Planned Development (Case
06SN0190) relative to master plan, uses, phasing of rights-of--way dedication and
development standards in a Community Business (C-3) District.
PROPOSED LAND USE:
The property is currently zoned to permit a mix of residential, office and
commercial uses consisting of a maximum of 1,600 residential units and a
maximum of 350,000 gross square feet of commercial and office uses.
Amendments affecting the approved master plan, residential unit types and hotel
use, as well as development standards affecting parking, open space, parcel
frontages, building heights and restrictive covenants are requested. Amendments
are also proposed relative to phasing of rights-of--way dedication in conjunction
with road construction.
PLANNING COMMISSION RECOMMENDATION
RECOMMEND APPROVAL SUBJECT TO THE CONDITION AND ACCEPTANCE OF
THE PROFFERED CONDITIONS ON PAGES 2 AND 3.
STAFF RECOMMENDATION
Recommend denial for the following reason:
While amendments affecting the master plan, uses and development standards continue to
provide for a traditional neighborhood project that successfully integrates with area
development, the proposed amendments relative to rights-of--way dedication fail to
address the impact of the development on the transportation network, as discussed herein.
Providing a FIRST CHOICE community through excellence in public service
(NOTE: CONDITIONS MAY BE IMPOSED OR THE PROPERTY OWNER(S) MAY
PROFFER CONDITIONS. THE CONDITIONS NOTED WITH "STAFF/CPC" WERE
AGREED UPON BY BOTH STAFF AND THE COMMISSION. CONDITIONS WITH ONLY
A "STAFF" ARE RECOMMENDED SOLELY BY STAFF. CONDITIONS WITH ONLY A
"CPC" ARE ADDITIONAL CONDITIONS RECOMMENDED BY THE PLANNING
COMMISSION.)
CONDITION
(CPC) With the exception of Proffered Conditions 1, 3.A, 8 and 13.A, all previous
conditions of Case 06SN0190 shall remain in effect.
PROFFERED CONDITIONS
The Owners and the Developer (the "Developer") in this zoning case, pursuant to § 15.2-2298 of
the Code of Virginia (1950 as amended) and the Zoning Ordinance of Chesterfield County, for
themselves and their successors or assigns, proffer that the development of the Property known
as Chesterfield County Tax Identification Number 715-714-4678, 714-712-0284, and 715-712-
8474 (the "Property") under consideration will be developed according to the following
conditions if, and only if, the rezoning request for amendments to the C-3 with a conditional use
planned development and a conditional use are granted. In the event the request is denied or
approved with conditions not agreed to by the Developer, the proffers shall immediately be null
and void and of no further force or effect. If the zoning is granted, these proffers and conditions
will change the proffers and conditions now existing on the Property as indicated.
(CPC) 1. Master Plan. The Textual Statement dated July 2, 2009, last revised
September 3, 2009, shall be considered the Master Plan. The Master Plan
shall be considered the schematic plan set forth in Zoning Ordinance
Section 19-261. (P)
(Staff Notes: A. This proffer supersedes Proffered Condition 1 of Case
06SN0190.
B. Requested amendments to the approved Textual Statement
are identified on the attached copy with "strikes and
underlines".)
(CPC) 2. The maximum number of dwelling units permitted on the Property shall
be 1,600, of which a maximum of 500 dwelling units shall be permitted on
Tract C and a minimum of 100 dwelling units shall be provided in Tract
A (P)
(Staff Note: This proffer supersedes Proffered Condition 3.A of Case 06SN0190.)
2 10SN0103-OCT28-BOS-RPT
(CPC) 3. Dedication. The following rights-of--way shall be dedicated, free and
unrestricted, to Chesterfield County. The dedications of these rights-of-
way shall be phased to conform to the approved Phasing Plan as identified
in Proffered Condition #ll. Dedication of the initial phase shall occur
prior to, or in conjunction with recordation of the initial subdivision plat or
prior to any first site plan approval or within sixty (60) days from a written
request by the Transportation Department, whichever comes first. The
exact location of these rights-of--way shall be approved by the
Transportation Department.
A. Dedication of a ninety (90) foot wide right-of--way for the proposed
east-west major arterial (Road A) from Watkins Centre Parkway to
Route 60.
B. Dedication of a ninety (90) foot wide right-of--way for the proposed
east-west major arterial (Road B) from Road A to Huguenot
Springs Road.
C. Dedication of forty-five (45) feet of right-of--way from the
centerline of Huguenot Springs Road along that part of Huguenot
Springs Road immediately adj acent to the Property.
(Staff Note: This proffer supersedes Proffered Condition 8 of Case 06SN0190.)
(CPC) 4. Restrictive Covenant. At a minimum, the restrictive covenants shall
contain language that addresses the following issues. Such restrictive
covenants shall be recorded prior to, or in conjunction with, the
recordation of any subdivision plat and/or site plan that are adjacent to the
following Chesterfield County Tax Identification Numbers 713-713-3477,
713-714-1250, 713-715-2505, 713-715-9894, 714-715-0732, 714-715-
3790, 714-716-5343, 714-716-6785, 714-717-9430, 715-717-3158, and
713-713-0255:
A. In Tract C, Townhouses and Neighborhood Flats shall not be
permitted within two hundred (200) feet of the property line that is
shared in common with the Property and any of the parcels listed
above. (P)
(Staff Note: This proffer supersedes Proffered Condition 13.A of Case
06SN0190.)
3 10SN0103-OCT28-BOS-RPT
GENERAL INFORMATION
Location:
Northwest corner of Watkins Centre Parkway and Route 288. Tax IDs 714-712-0284;
715-712-8474; and 715-714-4678.
Existing Zoning:
C-3 with Conditional Use and Conditional Use Planned Development
Size
284 acres
Existing Land Use:
Vacant
Adjacent Zoning and Land Use:
North - Powhatan County
South - I-2 with Conditional Use Planned Development; Commercial or vacant
East - R-25; Route 288
West - R-25, A and I-2 with Conditional Use Planned Development; single family
residential or vacant
UTILITIES AND ENVIRONMENTAL
The requested amendments will have no impact on these facilities.
PUBLIC FACILITIES
The need for schools, parks, libraries, fire stations, and transportation facilities in this area is
identified in the County's adopted Public Facilities Plan, Thoroughfare Plan, and Capital
Improvement Program and further detailed by specific departments in the applicable sections of
this request analysis.
Fire ~ervice~
The Public Facilities Plan indicates that fire and emergency medical service (EMS) calls
are expected to increase forty-four (44) to seventy-eight (78) percent by 2022. Six (6)
new fire/rescue stations are recommended for construction by 2022 in the Plan. In
addition to the six (6) new stations, the Plan also recommends the expansion of five (5)
existing stations. Based on the approved maximum of 1,600 dwelling units, this request
will generate approximately 280 calls for fire and emergency medical service each year.
4 10SN0103-OCT28-BOS-RPT
The applicant has addressed the impact on fire and EMS. (Case 06SN0190- Proffered
Condition 5)
The Midlothian Fire Station, Company Number 5, and Forest View Volunteer Rescue
Squad Station 2 currently provide fire protection and emergency medical service. When
the property is developed, the number of hydrants, quantity of water needed for fire
protection, and access requirements will be evaluated during the plans review process.
Schools:
Current conditions of zoning limit residential development to 1,600 dwelling units,
generating approximately 800 students.
This site lies in the Watkins Elementary School attendance zone: capacity - 739,
enrollment - 881; Midlothian Middle School zone: capacity - 1,269, enrollment - 1,180;
and Midlothian High School zone: capacity - 1,621, enrollment - 1,476. The enrollment
is based on September 30, 2008 and the capacity is as of 2008-2009. There are currently
nine (9) trailers at Watkins Elementary and twelve (12) at Midlothian Middle.
The applicant has addressed the impact on school facilities. (Case 06SN0190- Proffered
Condition 5)
T .ihrari ee•
Consistent with Board of Supervisors Policy, the impact of development on library
services is assessed County-wide. Based on projected population growth, the Public
Facilities Plan identifies a need for additional library space throughout the County.
Development of this property would most likely affect the existing Midlothian Library or
the proposed new Robious Road Area Library. The applicant has addressed the impact
on library facilities. (Case 06SN0190- Proffered Condition 5)
Parks and Recreation:
The Public Facilities Plan identifies the need for three (3) regional, seven (7) community
and twenty-nine (29) neighborhood parks by 2020. In addition, there is currently a
shortage of community and neighborhood park acreage in the county. The Plan identifies
a need for 354 acres of regional park space, 252 acres of community park space and 199
acres of neighborhood park space by 2020, as well as linear parks, resource based-special
purpose parks [historical, cultural and environmental]. The applicant has addressed the
impact on park facilities. (Case 06SN0190- Proffered Condition 5)
County Department of Transportation:
The applicant is requesting several amendments to Case 06SN0190; however, only the
request to revise Proffered Condition 8 affects the transportation network. The request to
5 10SN0103-OCT28-BOS-RPT
revise Proffered Condition 8 would allow dedication of the proffered rights-of--way to be
phased in conjunction with construction of the roadways. As currently approved, all the
proffered rights of way must be dedicated up front (i.e. prior to any plan approvals).
Staff recommends that Proffered Condition 8 remain as originally approved by the Board.
Proffered Condition 8, as approved, provides the county with the greatest assurance that
the proffered rights-of--way will be dedicated. These rights of way are part of the
County's Thoroughfare Plan and are necessary to provide an adequate road network in
this area. Should the dedications be postponed, the likelihood that public funds will be
used for their acquisition increases. For these reasons, staff does not support this request.
Virginia Department of Transportation:
The Virginia Department of Transportation has reviewed the above referenced case. The
request is to amend the Conditional Use and Conditional Use Planned Development (Case
06SN0190) and to amend the zoning district map relative to master plan, uses and
development standards in a Community Business (C-3) District on 284 acres located in the
southwest corner of the intersection of Watkins Centre Parkway and Route 288, within the
Midlothian Magisterial District.
VDOT has no comment on this case. Appropriate comments will be made at the time
construction plans are submitted for review.
6 10SN0103-OCT28-BOS-RPT
Financial Impact on Capital Facilities:
PER UNIT
Potential Number of New Dwelling
Units 1,600* 1.00
Population Increase 4,288 2.68
Number of New Students
Elementary 3 52 0.22
Middle 192 0.12
High 256 0.16
TOTAL 800 0.50
Net Cost for Schools 14,628,800 9,143
Net Cost for Parks 1,963,200 1,227
Net Cost for Libraries 472,000 295
Net Cost for Fire Stations 982,400 614
Average Net Cost for Roads 22,771,200 14,232
TOTAL NET COST $40,817,600 $25,511
*Based on proffered maximum yield of 1600 dwelling units (Proffered Condition 2). The actual
number of dwelling units and corresponding impact may vary.
As noted, this proposed development would have an impact on capital facilities. Staff has
calculated the fiscal impact of every new dwelling unit on schools, roads, parks, libraries, and
fire stations at $25,511 per unit. The applicant has been advised that a maximum proffer of
$18,966 per unit would defray the cost of the capital facilities necessitated by this proposed
development.
The applicant has not offered new cash proffer conditions with this request because they feel the
proffers from the older case are still appropriate (Case 06SN0190 -Proffered Condition 5). The
$15,600 approved maximum cash proffer for the 2006 case has been escalated by Marshall and
Swift adjustments to $18,966 per dwelling unit. Staff agrees that the proffered conditions from
the older case, as escalated, are appropriate and will adequately mitigate the impact of this
proposed development.
7 10SN0103-OCT28-BOS-RPT
LAND USE
Comprehensive Plan:
Lies within the boundaries of the Route 288 Corridor Area Plan which suggests property
south of the creek is appropriate for a mix of office and residential uses and property
north of the creek is appropriate for residential use of one dwelling unit or less per acre.
Area Development Trends:
Adjacent properties to the south are zoned General Industrial (I-2) with Conditional Use
Planned Development and I-2 with Conditional Use and are developed for a mix of
commercial and office uses known as Westchester Commons and The Shoppes at
Westchester or remain vacant. Properties to the west and northwest are zoned I-2,
Residential (R-25) as part of the Huguenot Ridge Subdivision, or are zoned A and
occupied by single family residences on acreage parcels or are currently vacant.
Zoning History:
On August 23, 2006, the Board of Supervisors, upon a favorable recommendation by the
Planning Commission, approved rezoning of the subject property to Community Business
(C-3) with Conditional Use to permit multifamily and townhouse uses plus Conditional
Use Planned Development to permit exceptions to Ordinance requirements (Case
06SN0190). A mix of residential, office and commercial uses was proposed to include a
maximum of 1,600 residential units and a maximum of 350,0000 gross square feet of
commercial and office uses.
Site Design:
With approval of Case 06SN0190, uses would be located and developed as depicted on
both a Zoning and Conceptual Plan (Reference Attachments 1 and 2). An amendment is
requested which would consolidate these Plans into one Zoning Plan as depicted on
Exhibit A and described in the Textual Statement (Attachment 3 -Proffered Condition 1).
The development will continue to have a traditional neighborhood design, generally in a
"grid" layout similar to city blocks with buildings located close to sidewalks, and also
incorporating street trees, open spaces and alleys serving the rears of many uses.
This Plan maintains the division of the property into four (4) development tracts.
Modifications include adjustment to the boundary between Tracts B and C, now located
in the centerline of the creek; depiction of additional residential unit types, as discussed
herein; and adjustment of Tract acreages.
Residential Unit Types and Densities:
Within Tracts A, B and C, additional residential unit types have been introduced.
Whereas the proposed maximum number of dwellings permitted within Tract C would
8 10SN0103-OCT28-BOS-RPT
increase from 400 to 500 units, the total number of dwelling units permitted within the
prof ect remains at the current limitation of 1,600 units. (Proffered Condition 3.A)
Tract A, which represents the urban center of the development, currently permits both
residential and non-residential uses. Residential uses are limited to "Mixed Use
Buildings" which accommodate multifamily residential uses on upper floors. Additional
residential uses are proposed within this Tract to include multifamily, townhouse,
"Live/Work" units and "Neighborhood Flats". "Live/Work" units permit commercial or
office uses on the first floor of townhouse units. "Neighborhood Flats" contain a
maximum of four (4) residential units designed with a townhouse appearance. In
addition, within "Mixed Use Buildings", amendments are requested to accommodate
residential uses within a percentage of first floor areas. (Textual Statement IV.A)
Tract B, which represents the transition north and west between Tract A and proposed
residential uses in Tract C, currently permits multifamily and townhouse residential uses,
as well as "Live/Work" units. Additional residential uses proposed within this Tract
include single family detached (cluster) and "Carriage House" units and "Neighborhood
Flats". "Carriage Houses" are defined as single family detached dwellings on reduced lot
sizes with each unit containing a maximum of 1,200 square feet gross floor area.
(Textual Statement IV.B)
Tract C, located north of the creek, currently permits cluster residential and townhouse
uses. Additional residential uses proposed within this Tract include "Carriage Houses"
and "Neighborhood Flats". (Textual Statement IV.C)
Parkin:
The Ordinance requires a minimum of two (2) off-street parking spaces for each
multifamily unit except age-restricted units which require a minimum of 1.2 parking
spaces for each unit. With approval of Case 06SN0190, parking exceptions were granted
for unique residential products, such as "Live/Work" units. A parking exception is
currently requested for "Neighborhood Flat" units, introduced with this request, based on
1.75 spaces per dwelling unit. (Textual Statement IILE)
Open Space:
Currently, conditions require a minimum provision of open space within Tracts B and C,
a portion of which must be usable to accommodate public gathering areas and
recreational and social events for residents. No provisions were made for open space
within Tract A. Within Tract B, this provision represented ten (10) percent of the total
gross acreage, yielding approximately 11.3 acres. An amendment is proposed requiring a
combined open space provision within Tracts A and B of eight (8) percent of the gross
acreage within these Tracts, yielding approximately 12.3 acres of open space. (Textual
Statement IILI)
9 10SN0103-OCT28-BOS-RPT
Parcel Frontage:
Conditions of Case 06SN0190 permit buildings to front open spaces and courtyards, in
addition to public roads, to accommodate a traditional neighborhood design. An
amendment is requested to clarify that this frontage may also be provided on private
alleys, lanes or rights-of--way which may also be located within recorded open spaces.
(Textual Statement IILG)
Non-Residential Uses -Tract A:
Currently, within Tract A, the size of individual commercial users is limited. This
limitation does not apply to hotel and Corporate Office (O-2) users. Language has been
added to clarify that this limitation does not apply to O-2 users. (Textual Statement
IV.A)
In addition, to promote a more urban center environment within this Tract, minimum
building heights were established with Case 06SN0190. Exceptions to this two-story
minimum height are requested for specific commercial uses located within 300 feet of
Route 288, Watkins Center Parkway or Road "A". (Textual Statement IV.A)
Development Standards and Uses - Tract D:
Tract D, located at the southwest quadrant of Watkins Centre Parkway and Road "A",
originally included approximately five (5) acres and was to be considered as part of a
project with the adjacent I-2 property to the south which was zoned for similar uses. As
such, development standards, which included adherence to Employment Center District
standards of the Ordinance and square footage limitations for uses and individual users,
were consistent with this adjacent I-2 property. Based upon final road alignments, the
acreage for Tract D has increased, permitting development of this Tract independent of
the adjacent I-2 property. As such, modifications to development standards for Tract D,
to include adherence to Emerging Growth Area and architectural standards and square
footage limitations, are proposed to obtain consistency with those of the subject project.
(Textual Statement IIIF and IV.D)
Uses within Tract D have been amended to include hotel use. Hotels are currently
restricted to parcels not located along any road or periphery of a prof ect. Currently, Tract
D would not meet this restriction. (Textual Statement IV.D)
Restrictive Covenants:
Proffered Condition 4 amends proffered restrictive covenants to include setbacks for
proposed "Neighborhood Flats" located within Tract C from adjacent properties, as
identified. These covenants would be recorded in conjunction with the recordation of any
subdivision plat. It is important to note that the County will only insure the recordation
of the covenant and will not be responsible for its enforcement. Once the covenant is
recorded, it can be changed.
10 10SN0103-OCT28-BOS-RPT
CONCLUSIONS
Amendments affecting the master plan, uses and development standards continue to provide for a
traditional neighborhood project that successfully integrates with area development and is
consistent with parameters under which the original zoning was approved.
The proposed amendments relative to rights-of--way dedication in conjunction with road
construction fail to address the impact of the development on the transportation network, as
discussed herein. Current proffered conditions provide the County with the greatest assurance
that these rights-of--way will be dedicated without the use of public funds for their acquisition.
Given these considerations, denial of this request is recommended.
CASE HISTORY
Applicant (9/14/09)
Amendment to a proffered condition was submitted.
Planning Commission Meeting (9/15/09):
The applicant did not accept staff's recommendation but accepted the Planning
Commission's recommendation. There was no opposition present.
Mr. Waller indicated that, upon reviewing the three (3) zoning cases affecting the
dedication and construction of the road network and associated project phasing, he was
comfortable that assurances were in place to complete this transportations network.
On motion of Mr. Waller seconded by Dr. Brown, the Commission recommended
approval subject to the Condition and acceptance of the proffered conditions on pages 2
and 3.
AYES: Messrs. Gulley, Brown, Bass, Hassen and Waller.
The Board of Supervisors, on Wednesday, October 28, 2009 beginning at 6:30 p.m., will take
under consideration this request.
11 10SN0103-OCT28-BOS-RPT
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