14SN0561CASE MANAGER: Robert Clay
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ADDENDUM
14SN0561
BH&B, LLC
Midlothian Magisterial District
13217 Midlothian Turnpike
May 28, 2014 BS
REQUESTS: Amendment of conditional use planned development (Case 07SN0356) relative to
fences, sidewalks, accesses and uses as follows:
L Delete requirement for decorative fencing along Midlothian Turnpike;
II. Delete requirement for a minimum five (5) foot wide grassy strip from the
back of curb to the sidewalk along Midlothian Turnpike;
III. Delete required shared use of vehicular access with adjacent property to the
south;
IV. Flexibility in location of vehicular access to Midlothian Turnpike;
V. Include a veterinary hospital without outside nlns as a permitted use; and
VL Phase the provision of a required sidewalk to adjacent property to the south.
(Note: A comparison table has been included (Exhibit A) to further describe the requested
amendments.)
PROPOSED LAND USE:
A veterinary hospital, exclusive of outdoor nuns, is planned. (Proffered Condition 3)
The purpose of this Addendum is to provide the Board with updated comments from the
Virginia Department of Transportation (VDOT).
On May 28, 2014, VDOT submitted the following revised comments relative to Request IV,
Flexibility in location of vehicular access to Midlothian Turnpike:
A revision to the vehicular access to Midlothian Turnpike (Proffered Condition 5, Case
07SN0356) subjects the access location to compliance with VDOT's Access Management
Regulations relative to spacing between existing commercial entrances/intersections. It is
VDOT's understanding that the intended use of this property is for a Veterinary Hospital.
Pro~Tiding a FIRST CHOICE community through excellence in public ser~Tice
If the Veterinary Hospital is developed as anticipated (in place of the previous Antique
Store use) VDOT would recommend support for the proposed Veterinary Hospital
utilizing the existing access location on the basis of the following:
• The anticipated Veterinary Hospital is a relatively low traffic generator, and is not
significantly greater than the existing commercial development on the property.
• The Veterinary Hospital is proposing to utilize the existing entrance apron
recently constricted and is proposing to provide access easements to both parcels
on the east and west.
• This existing entrance location is within an established business corridor and the
spacing is consistent with other entrances within that corridor.
• The existing access location allows for approximately 170 feet of left turn lane
storage.
VDOT understands that other uses are permitted under this zoning. Should site plans be
submitted for a use different than the anticipated Veterinary Hospital (and potentially
significantly higher trip generation) VDOT's review of Access Management compliance
could result in recommendations to relocate the site access, provide additional access
improvements, and/or the need to obtain an access management exception.
Staff continues to recommend approval of Request IV for the reasons outlined in the "Request
Analysis."
2 14SNO~Ei1-2014~L~~ 28-BC)S-_~DD
CASE MANAGER: Robert Clay
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BS Time Remaining:
365 days
STAFF' S
REQUEST ANALYSIS
AND
RECOMMENDATION
14SN0561
BH&B, LLC
Midlothian Magisterial District
13217 Midlothian Turnpike
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May 28, 2014 BS
REQUESTS: Amendment of conditional use planned development (Case 07SN0356) relative to
fences, sidewalks, accesses and uses as follows:
L Delete requirement for decorative fencing along Midlothian Turnpike;
II. Delete requirement for a minimum five (5) foot wide grassy strip from the
back of curb to the sidewalk along Midlothian Turnpike;
III. Delete required shared use of vehicular access with adjacent property to the
south;
IV. Flexibility in location of vehicular access to Midlothian Turnpike;
V. Include a veterinary hospital without outside nuns as a pernutted use; and
VL Phase the provision of a required sidewalk to adjacent property to the south.
(Note: A comparison table has been included (Exhibit A) to further describe the requested
amendments.)
PROPOSED LAND USE:
A veterinary hospital, exclusive of outdoor nuns, is planned. (Proffered Condition 3)
Pro~Tiding a FIRST CHOICE community through excellence in public ser~Tice
PLANNING COMMISSION RECOMMENDATION
ACKNOWLEDGE WITHDRAWAL OF REQUEST TO DELETE REQUIREMENT FOR A
SIDEWALK TO ADJACENT PROPERTY TO THE SOUTH AND RECOMMEND
APPROVAL AND ACCEPTANCE OF THE PROFFERED CONDITIONS ON PAGES 2 AND
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AYES: MESSRS. WALLIN, PATTON, BROWN AND GULLEY.
ABSENT: MR. W ALLER.
STAFF RECOMMENDATION
Requests L, II and III. Conditions relative to fencing, sidewalk separation along Midlothian
Turnpike and shared vehicular access with property to the south were negotiated with the
community stakeholders. After consideration of public input, should the Board wish to approve
these amendments, deletion of Proffered Condition 3 (fencing) of Case 07SN0356, and acceptance
of the Proffered Conditions 1 and 2 regarding the sidewallc standards and shared access would be
appropriate.
Requests IV, V and VL Recommend approval for the following reasons:
A. As proffered, the Transportation Department would still approve the vehicular
access location to Midlothian Turnpike.
B. As limited by Proffered Condition 3, the veterinary hospital without outside nlns
conforms to the Midlothian Area Community Plan which suggests the property is
appropriate for Village Shopping District use.
C. Phasing of sidewallc installation to the south in tandem with development
maintains ultimate pedestrian connections between commercial services and
future area residential development.
(NOTE: CONDITIONS MAY BE IMPOSED OR THE PROPERTY OWNER(S) MAY
PROFFER CONDITIONS. CONDITION(S) NOTED "STAFF/CPC" WERE AGREED UPON
BY BOTH STAFF AND THE COMMISSION.)
PROFFERED CONDITIONS
(STAFF/CPC) 1. Sidewallc. In conjunction with the initial development of the
Property, the developer shall constrict a sidewallc to VDOT
standards along Midlothian Turnpike (Route 60) for the entire
property frontage, and dedicate to Chesterfield County, free and
unrestricted, any additional right-of--way (or easements) required
for this improvement. The exact design and location of this
improvement shall be approved by the Transportation Department.
(T)
(Note: This condition supersedes Proffered Condition 4.a. of Case
07SN0356.)
2 14SNO~Ei1-2014~L~~ 28-BC)S-RPT
(STAFF/CPC) 2. Access. Direct vehicular access from the Property to Midlothian
Turnpike (Route 60) shall be limited to one (1) entrance/exit. The
exact location of this access shall be approved by the
Transportation Department. Prior to any site plan approval, an
access easement, acceptable to the Transportation Department,
shall be recorded across the Property to provide shared used of this
access with adjacent property to the east and west. (T)
(Note: This condition supersedes Proffered Condition 5 of Case
07SN0356.)
(STAFF/CPC) 3. Uses.
Uses shall be limited to those uses permitted by right or with
restrictions in the Neighborhood Business (C-2) District plus the
following uses:
i. cocktail lounges provided that they are accessory to a
restaurant;
ii. liquor stores;
iii. restaurants, to include carry out and fast food;
iv. electrical, plumbing HVAC sales and display rooms;
v. microbreweries provided that the manufacturing of
alcoholic beverages shall be for the sole purpose of on-site
consumption and such on-site consumption shall only occur
if accessory to a restaurant use; and
vi. veterinary hospitals with no outdoor nlns. (P)
(Note: This condition supersedes Proffered Condition 10.b. of Case
07SN0356.)
(STAFF/CPC) 4. Phasing of Sidewallc Connection to Tax ID 731-706-3947. The
installation of the sidewallc identified in Proffered Condition 4.b.
of Case 07SN0356 shall be phased such that the first section of
sidewallc is installed in conjunction with the initial development of
the parcel. This section shall extend from Midlothian Turnpike to
the southern limits of project constriction. Completion of the
sidewallc to the southern limits of the subject Property shall occur
in conjunction with the subsequent phase(s) of development. (P)
(Note: With approval of this request Proffered Condition 3 is
deleted. Except as noted above ~~~' ~~ *'~° "~~g~°~:~;~," all
other conditions of approval for Case 07SN0356 remain in effect
with approval of this case.)
3 14SNO~Ei1-2014~L~~ 28-BC)S-RPT
GENERAL INFORMATION
Location:
The request property is located on the south line of Midlothian Turnpike, across from Mount
Pisgah Drive and is better known as 13217 Midlothian Turnpike. Tax ID 731-707-2423.
Existing Zoning:
C-3 with conditional use planned development
Size
2.7 acres
E~• stingy Land Use:
Vacant
Adjacent Zoning and Land Use:
North - C-3 with conditional use planned development; Commercial
South - R-TH with conditional use planned development; Vacant
East - R-7 and C-3; Commercial
West - C-3 with conditional use planned development; Office
UTILITIES
Public Water Svstem:
Connection to the public water system will be required by County Code. The proposed
use will require installation of a baclcflow prevention device.
Public Wastewater Svstem:
Connection to the public wastewater system was proffered with Case 07SN0356. A
wastewater line extension will be necessary to connect, and easements will need to be
obtained across either or both parcels 731-707-0030 and 731-706-3947. The proposed use
will require installation of a monitoring manhole on the wastewater service lateral.
ENVIRONMENTAL
Drainage and Erosion:
The subject property drains to the rear in a southerly direction evennially reaching the large
pond in The Grove development. There are no adequate receiving channels in which to
drain therefore, offsite easements and improvements may be needed in order to reach the
lake in The Grove.
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The majority of the property is wooded and as such should not be timbered, until the time of
development. This was addressed with a condition of Case 07SN0356 which remains in
effect.
PUBLIC FACILITIES
Fire Service:
The Midlothian Fire Station, Company Number 5, and Forest-View Volunteer Rescue
Squad currently provide fire protection and emergency medical service (EMS). This
request will have a minimal impact on Fire and EMS.
County Department of Transportation:
The Transportation Department offers no objections to the requested amendments
regarding sidewallc setback, access location and access easement.
In January 2008 the Board of Supervisors, approved the rezoning of 2.7 acres (Case
07SN0356) to Community Business (C-3). With that zoning approval, the Board
accepted proffered conditions relative to transportation that, among other things, required
a minimum grassy strip between the sidewallc and Route 60, vehicular access towards the
eastern property line, and access easement to the east, west, and south.
With Case 07SN0356, to address a recommendation by the community, the applicant
proffered a minimum five (5) foot grassy strip between the sidewallc and the back of curb
along Route 60 (Proffered Condition 4.a). Subsequent to the approval of this 2007 case,
VDOT completed a sidewallc project along the property's frontage to Route 60 with a
grassy strip less than five (5) feet. The applicant is requesting to delete the minimum five
(5) foot grassy strip. (Proffered Condition 1)
The applicant is requesting to amend Proffered Condition 5 to allow the access to Route
60 at a location acceptable to the Transportation Department without restricting it to the
eastern property line. In addition, the applicant is requesting to amend the access
easement to delete the requirement of it extending to the south. The access easement will
remain adjacent to properties to the east and west. (Proffered Condition 2)
Virginia Department of Transportation (VDOT~:
A revision to the vehicular access to Midlothian Turnpike (Proffered Condition 5, Case
07SN0356) subjects the access location to compliance with VDOT's Access Management
Regulations relative to spacing between existing commercial entrances/intersections.
Limited lot frontage precludes the ability of a proposed access location different from that
which was approved to comply with these Regulations, thereby requiring a VDOT
evaluation of an exception to those spacing standards. VDOT is working with the applicant
on evaluating an exception and access options with a final decision anticipated prior to site
plan subnuttal, should this request be approved.
14SNO~Ei1-2014~L~~ 28-BC)S-RPT
T A NTl T TCF
Comprehensive Plan:
The request site is located within the boundaries of the Midlothian Area Community Plan
which suggests the property is appropriate for Village Shopping District use. A
concentration of retail/service activities is appropriate in this area including neighborhood
shopping centers, office/service establishments and public facilities.
Area Development Trends:
The area is characterized by a mix of commercial, office and public/semi-public (school)
uses along the Midlothian Turnpike corridor and is bordered to the south by proposed high
density residential uses along North Woolridge Road.
Zoning History:
On January 9, 2008 the Board of Supervisors, upon a favorable recommendation from the
Planning Commission, approved commercial zoning on the subject property (Case
07SN0356). With the approval of Case 07SN0356, proffered conditions were accepted to
address use limitations, architecture, access, pedestrian connectivity and site design
(driveway and parking setbacks; fencing; lighting; drive-through windows).
Development Standards:
The property is subject to the design standards for the Midlothian Village, which were
adopted concurrent with the Midlothian Area Community Plan as part of the Zoriing
Ordinance. The Village is divided into areas commonly known as the "Core" and the
"Fringe", with associated standards addressing setbacks, landscaping and other design
featLires. These standards were established to provide transition from the typical suburban
automobile-oriented development into the core of the Midlothian Village. The property lies
within the Midlothian Village Core. The Village Core standards, which reflect a more neo-
traditional approach to design, would permit buildings closer to the rights-of--way, with
parking generally located behind the front lines of the buildings, creating a more pedestrian-
friendly environment.
Fence:
Proffered conditions currently require the constriction of a decorative metal fence along
Midlothian Turnpike. This condition was negotiated with community members. The
applicant is seeking relief to this requirement, noting there is no similar requirement on
adjacent properties.
Uses:
With approval of Case 07SN0356, uses were limited to those uses permitted by right or
with restrictions in the Neighborhood Business (C-2) District and certain Community
Business (C-3) uses. While veterinary clinics are permitted within the C-2 District, they
do not permit the boarding of animals, the overnight care of animals or outside rms.
Ei 14SNO~Ei1-2014~L~~ 28-BC)S-RPT
Veterinary hospitals, first permitted in a C-3 District, permit boarding, overnight care and
outside nlns. The applicant proposes to relocate an existing veterinary hospital to the
request property and accommodate the overnight care of animals without the use of
outside nlns. (Proffered Condition 3.vi.)
Sidewallc:
The Midlothian Area Community Plan encourages improvements to pedestrian
circulation within the Village. Facilitating safe pedestrian movement between residential
uses and commercial services promotes connectivity, decreases dependency on vehicular
transportation and enhances community character. It is important to anticipate the need
for these sidewallc connections prior to completion of development or this opportunity
may be lost.
Proffered conditions currently require the provision of a sidewallc to the northern limits of
the adjacent property to the south to facilitate pedestrian access from the future
townhouse development to commercial uses along Midlothian Turnpike. The applicant
requests the ability to phase the installation of this sidewallc in tandem with development
on the subject property (Proffered Condition 4). Staff finds this phased installation
acceptable.
CONCLUSION
Conditions for fencing, sidewallc separation along Midlothian Turnpike and shared vehicular access
with property to the south (Requests 1, II and III) were negotiated with community stakeholders. If
after receiving public input, the Board wishes to approve these amendments, acceptance of
Proffered Conditions 1 and 2 would be appropriate.
As proffered, the Transportation Department continues to have locational approval of the
vehicular access to Midlothian Turnpike. The proposed sidewallc installation to the south
maintains pedestrian connectivity. In addition, the exclusion of outdoor nuns associated with the
proposed veterinary hospital linuts any negative impacts this use might have on area properties. As
such, staff supports approval of Requests IV, V and VI with acceptance of Proffered Conditions
2, 3 and 4.
CASE HISTORY
Staff (4/15/14):
Comments were received from the Virginia Department of Transportation (VDOT).
7 14SNO~Ei1-2014~L~~ 28-BC)S-RPT
Applicant (4/15/14):
The request to delete provision of a sidewallc to adjacent property to the south was
withdrawn and Proffered Condition 4 to allow phased installation of this sidewallc was
submitted.
Planning Commission Meeting (4/15/14):
Mr. Waller recused himself from the meeting due to a potential conflict of interest.
The applicant's representative accepted the recommendation. There was support present
noting the proposed use as a positive addition to the community.
On motion of Mr. Gulley, seconded by Dr. Wallin, the Commission acknowledged
withdrawal of the request to delete provision of a sidewallc to adjacent property to the
south and recommended approval and acceptance of the proffered conditions on pages 2
and 3.
AYES: Messrs. Wallin, Patton, Brown and Gulley.
ABSENT: Mr. Waller.
The Board of Supervisors, on Wednesday, May 28, 2014 beginning at 6:30 p.m., will take under
consideration this request.
8 14SNO~Ei1-2014~L~~ 28-BC)S-RPT
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Com arison Table
Develo ment Standard Case 07SN0356 Case 14SN0561
Provide decorative metal fence
with brick piers and concrete
caps along Midlothian
Fence Turn ike. Delete this re uirement
Provide minimum five (5) foot Delete this requirement. Sidewalk
wide grassy strip from back of has been installed by VDOT with
Sidewalk alon Route 60 curb to sidewalk. a three (3) wide foot rass stri .
An access easement,
acceptable to the
Transportation Department, An access easement, acceptable to
shall be recorded across the the Transportation Department,
property to provide shared use shall be recorded across the
of this access (above) with property to provide shared use of
Cross access to adjacent adjacent property to the east, this access (above) with adjacent
ro erties west and south. property to the east and west.
Direct vehicular access from
the property to Route 60 shall
be limited to one (1)
entrance/exit, generally located Delete the location requirement.
towards the eastern property Retain access location to be
line. 1/xact location to be approved by Transportation
approved by the Transportation Department but no commitment
Location of access to Route 60 De artment. to eastern location.
Proposes veterinary hospital with
Veterinary hospital not no outside runs as an additional
Uses ermitted. use.
Provide a sidewallc to the
Sidewalk to property to the northern limits of Tax ID
south 73I-706-3947 Phase this requirement
Prop idinl; a I~1RS"1' CHO1CL a>mmunit~ thro~z;;h excellence in public scr~ ice
Exhibit A
07SNd356
In Midlothian Magisterial District, GOODE LAND COMPANY
requests rezoning and amendment of zoning district map from
Residential {R-7} and Community Business {C-3) to Community
Business {C-3) plus Conditional Use Planned Development to
permit exceptions to Ordinance requirements. The density of
such amendment will be controlled by zoning conditions or
Ordinance standards. The Comprehensive Plan suggests the
property is appropriate for village shopping district use
uses. This request lies on 2.7 acres and is known as 13217
Midlothian Turnpike. Tax ID 731-707-2923.
Ms. Peterson presented a summary of Case 075N0356 and stated
the Planning Commission recommended approval and acceptance
of the proffered conditions. She stated that staff
recommended approval of the rezoning subject to the applicant
addressing concerns relative to architectural treatment and
drive-in windows and recommended denial of the Conditional
Use Planned Development.
Mr. Jim Theobald, the applicant's representative, stated the
recommendation is acceptable.
Mr. Warren called for public comment_
Ms. Amy Satterfield, Executive Director of Village of
Midlothian Coalition, stated she supported the request. She
further stated the applicant has addressed issues the
Coalition had.
No one else came forward to speak to the request.
On motion of Mr. Gecker, seconded by Ms. Durfee, the Board
approved Case 075N0356 and accepted the following proffered
conditions:
The property owner and applicant in this rezoning case,
pursuant to Section 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 property under consideration will be developed according
to the following proffers if, and only if, the rezoning
request submitted herewith is granted with only those
conditions agreed to by the owner and applicant. In the
event this request is denied or approved with conditions not
agreed to by the owner and applicant, the proffers shall
immediately be null and void and of no further force or
effect.
1. Master Plan. The Textual Statement dated July 30, 2007
shall be considered the Master Plan. (P)
2. Architecture. The architectural treatment of buildings
constructed on the Property shall be generally
consistent with Colonial Revival Architecture, unless
otherwise requested by the developer and specifically
approved .by the Planning Commission at time of site plan
approval. (P}
3. Fence. A decorative metal fence shall be constructed
along Midlothian Turnpike exclusive of the entranceway.
OB-48
Exhibit B °1~d9~°$
The fence shall have brick piers with concrete caps.
{P)
9. Sidewalk.
a_ In conjunction with the initial development of the
Property, the developer shall construct a sidewalk
to VDOT standards along Midlothian Turnpike (Route
60y far the entire property frontage, and dedicate
to Chesterfield County, free and unrestricted, any
additional right-of-way (or easements} required for
this improvement. The exact design and location of
this improvement shall be approved by the
Transportation Department. There shall be a
minimum five (5) foot wide grassy strip from the
back of curb to the sidewalk.
b- A sidewalk shall be constructed to the northern
limits of Tax ID 731-706-3947 to facilitate
pedestrian connection between the proposed
developments. {P}
5. Access. Direct vehicular access from the Property to
Midlothian Turnpike {Route 60} shall be limited to one
(1) entrance/exit, generally located towards the eastern
property line. The exact location of this access shall
be approved by the Transportation Department. Prior to
any site plan approval, an access easement, acceptable
to the Transportation Department, shall be recorded
across the Property to provide shared use of this access
with adjacent property to the east, west and south. (T)
6. Notification. The developer shall be responsible for
notifying by registered, certified or first class mail,
the last known representative on file with the Planning
Department of the Village of Midlothian Volunteer
Coalition of any site plan. Such notification shall
occur as soon as practical, but in na event less than
twenty-one (21} days prior to approval or disapproval of
the plan. The developer shall provide a copy of the
notification letter(s) to the Planning Department. {P}
7. Street Li hts. The developer shall be responsible for
installation of decorative street lighting similar in
design to the light fixture specified in The Midlothian
Village Technical Manual which shall be provided along
all public roads adjacent to the site. Spacing shall be
approximately eighty (84} feet on center. All on-site
freestanding street light fixtures shall be compatible
with the aforementioned street lights. (P)
8. Utilities. The public wastewater system shall be
utilized. {U}
9. Timbering. Except for the timbering approved by the
Virginia State Department of Forestry for the purpose
of removing dead or diseased trees, there shall be no
timbering on the Property until a land disturbance
permit has been obtained from the Environmental
Engineering Department and the approved devices have
been installed. (EE)
10. Uses.
OB-49
01/09/08
a. Uses shall not be open to the public between the
hours of midnight and 6:00 a.m.
b. Uses shall be limited to those uses permitted by
right or with restrictions in the Neighborhood
Business (C-2} District plus the following uses:
i. cocktail lounges provided that they are
accessory to a restaurant;
ii. liquor stores;
iii. restaurants, to include carry out and fast
food;
iv. electrical, plumbing HVAC sales and display
rooms; and
v. microbreweries provided that the manufacturing
of alcoholic beverages shall be for the sole
purpose of on-site consumption and such on-
site consumption shall only occur if accessory
to a restaurant use.
c. The following uses shall be prohibited:
vi. gasoline sales;
vii. coin-operated dry cleaning, laundry or
laundromats;
viii. rental of health and party equipment; and
small home hardware, tools and equipment;
ix. cigarette outlets;
x. electrical, plumbing and HVAC service;
xi. funeral homes or mortuaries; and
xii. motor vehicle accessory stores. (P}
11. Drive-Through Windows. There shall be na drive-through
window on the fagade of any building which drive-through
would be parallel and adjacent to Midlothian Turnpike.
Any drive-through window located on the side of a
building, and located in front of the front plane of any
building adjacent thereto on adjacent properties, shall
be covered by a pone-cochere. Fast food restaurants
shall not have drive through windows, excluding,
however, restaurants with drive through windows whose
primary business {a minimum of fifty {50) percent o£ its
gross receipts) is the sale of specialty coffee
beverages, as well as ground and unground coffee beans.
{ F)
12. Parking. There shall be no parking between Midlothian
Turnpike and the fagade of any building adjacent to
Midlothian Turnpike. {P}
13. Retaining Walls. No individual retaining wall on the
south side of the Property shall exceed five (5} feet in
height.
Ayes: Warren, Gecker, Jaeckle, Holland and Durfee.
Nays: None.
OB-50
01/09/08
FIRST AMENDED AND RESTATED TEXTUAL STATEMENT
July 30, 2047
This is a request to rezone approximately 2.7 acres of the Property under consideration to
C-3 with a Conditional Use Planned Development (CUPD) that will permit retail
development with the following exception:
The minimum setback along Midlothian Turnpike for any driveway shad be five
(5) feet.
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