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07SN0287 L^1priI17, 2007 CPC May 23,2007 BS STAFF'S REQUEST ANALYSIS AND RECOMMENDA TION 07SN0287 Commonwealth Center III, LLC and Mid Atlantic Land Acquisition Limited Partnership Matoaca Magisterial District Clover Hill Elementary; Swift Creek Middle; and Clover Hill High Schools Attendance Zones Southwest quadrant of Commonwealth Centre and Brad McNeer Parkways REQUEST: Amendment to rezoning (Case 98SN0137) relative to uses and Conditional Use to permit multifamily use. PROPOSED LAND USE: A multifamily residential development is proposed. Conditions limit density to a maximum of twenty (20) dwelling units per acre, yielding a maximum of approximately 284 units. (Textual Statement I.A) PLANNING COMMISSION RECOMMENDATION RECOMMEND DENIAL. STAFF RECOMMENDATION Recommend approval subject to the applicant addressing the impacts of the development on transportation facilities. This recommendation is made for the following reasons: A. The proposed zoning and land uses conform to the Upper Swift Creek Plan which suggests the property is appropriate for regional mixed use uses. B. The proffered conditions do not adequately address the impacts of this development on transportation facilities, as outlined in the Zoning Ordinance and Comprehensive Plan. Specifically, the needs for roads, schools, parks, libraries Providing a FIRST CHOICE commnnity through excellence in public service and fire stations is identified in the Public Facilities Plan, the Thoroughfare Plan and the Capital Improvement Program, and the impact of this development is discussed herein. The proffered conditions do not mitigate the impact on transportation facilities, thereby insuring adequate service levels are maintained and protecting the health, safety and welfare of County citizens. (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.) PROFFERED CONDITIONS The Owners and the Developer (the "Developer") in this zoning 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 development of the Property known as Chesterfield County Tax Identification Number 735-676-7611 (the "Property") under consideration will be developed according to the following conditions if, and only if, the amendment to Case 98SN0137 and the Conditional Use (CU) is granted. In the event the request is denied or approved with conditions not agreed to by the Developer, the proffers and conditions shall immediately be null and void and of no further force or effect. If the zoning amendment and CU is granted, the Case 98SN0137 proffers, except as amended, shall remain in effect. The application contains one exhibit described as follows: Exhibit B 1 - Plan titled "Commonwealth Centre, Conceptual Site Plan," prepared by Vanasse Hangen Brustlin, Inc. (the VHB Site Plan) and dated November 11, 1997, and last revised March 29,2007. (STAFF) 1. Master Plan. The Textual Statement dated March 29, 2007 shall be considered the Master Plan for multifamily residential development which may occur on all or a portion of the land so designated on Exhibit B 1. (P) (STAFF) 2. Uses. Uses permitted shall be those uses permitted by-right and those permitted with restrictions and accessory uses in the C-4 District except that the following uses shall not be permitted: A. Dry cleaning plants B. Funeral homes or mortuaries C. Golf courses D. Material reclamation receiving centers E. Moving companies 2 07SN 0287 -1v1A Y23- BOS (STAFF) F. One temporary mobile home as defined in the 1-1 section of the ordinance for uses permitted with certain restrictions (P) (Staff Note: This condition supersedes Proffered Condition 8 for the subj ect property.) 3. Cash Proffers. The applicant, subdivider, or assignee(s) shall pay the following to the County of Chesterfield prior to the issuance of a residential building permit for infrastructure improvements within the service district for the Property: A. $6,685 per dwelling unit, if paid prior to July 1, 2007. At the time of payment, $6,685 will be allocated pro-rata among the facility costs as follows: $5,331 for schools, $602 for parks, $348 for libraries, and $404 for fire stations. Thereafter, such payment shall be the amount approved by the Board of Supervisors not to exceed $6,685 per unit as adjusted upward by any increase in the Marshall and Swift Building Cost Index between July 1, 2006, and July 1 of the fiscal year in which the payment is made after June 30, 2007. B. Provided, however, that if any building permits issued on the Property are for senior housing, as defined in the proffer on age- restriction, the applicant, subdivider, or assignee(s) shall pay $1,354.00 per unit to the County of Chesterfield, prior to the time of issuance of a building permit, for infrastructure improvements within the service district for the Property if paid prior to July 1, 2007. The $1,354.00 for any units developed shall be allocated pro-rata among the facility costs: $602 for parks, $348 for library facilities, and $404 for fire stations. Thereafter, such payment shall be the amount approved by the Board of Supervisors not to exceed $1,354.00 per unit as adjusted upward by any increase in the Marshall and Swift Building Cost Index between July 1, 2006 and July 1 of the fiscal year in which the payment is made if paid after June 30, 2007. C. Cash proffer payments shall be spent for the purposes proffered or as otherwise permitted by law. Should Chesterfield County impose impact fees at any time during the life of the development that are applicable to the Property, the amount paid in cash proffers shall be in lieu of or credited toward, but not in addition to, any impact fees, in a manner as determined by the county. (B&M) 4. Age Restriction. Except as otherwise prohibited by the Virginia Fair Housing Law, the Federal Fair Housing Act, and such other applicable federal, state or local legal requirements, dwelling units designated as age- restricted shall be restricted to "housing for older persons;" as defined in 3 07SN 0287 -1v1A Y23- BOS (STAFF) (STAFF) (STAFF) (STAFF) Location: the Virginia Fair Housing Law and no persons under 19 years of age shall reside therein. (B&M) 5. Senior Housing. Any dwelling units designated for senior housing as defined in Proffered Condition 4 shall be noted on the site plan. Such dwelling units shall be grouped together as part of the same development section(s). (B&M) 6. Security. Prior to any site plan or subdivision approval, the owner or its successor shall either (a) enter into a contract with the County providing for the permanent presence of a Chesterfield County police officer on the premises for a minimum often (10) hours per week for 52 weeks a year or (b) annually submit a security plan to the Chesterfield County Police Department for review and approval. The department's review may include, but not necessarily be limited to, the type, frequency and severity of crime at the property to determine if the plan requirements should be modified up to and including the owner or its successor entering into a contract with the county or other approved entity for providing on site security personnel. The owner or its successor shall implement the approved security plan as may be modified from time to time. (Police) 7. Uses. The Residential Multifamily uses permitted on the Property shall be limited to rental apartment units. (P) 8. Slope Easement. Within sixty (60) days from the date of a written request by the Transportation Department, a permanent sight/slope easement generally located towards the southernmost comer of the Property between the existing stormwater management facility and the southern comer of the Property adjacent to Tax Identification Number 735-675- 1490, shall be dedicated, free and unrestricted, to and for the benefit of Chesterfield County and/or the Virginia Department of Transportation. The exact location of this easement shall be approved by the Transportation Department. (T) GENERAL INFORMATION Located in the southwest quadrant of the intersection of Commonwealth Centre and Brad McNeer Parkways. TaxID 735-676-7611. Existing Zoning: C-4 with Conditional Use 4 07SN 0287 -1v1A Y23- BOS Size: 14.2 acres Existing Land Use: Vacant Adiacent Zoning and Land Use: North and West - C-4; Commercial South - 0-2 with Conditional Use Planned Development; Multifamily residential East - 1-1 with Conditional Use Planned Development; Commercial, office or vacant UTILITIES Public Water System: A sixteen (16) inch water line extends along the north side of Commonwealth Centre Parkway and, from this line, extends an eight (8) inch water line to the northeast boundary of the request site. Existing eight (8) inch water lines were stubbed out to the southern and western boundary of this site to allow for future looping of the public water system. Use of public water is required (Case 98SN0137, Proffered Condition 1). Design Specifications (DS-21), wherever possible, two (2) supply points shall be provided for subdivisions containing more than twenty-five (25) lots. Public Wastewater System: There is an existing eight (8) inch wastewater collector line extending across Brad McNeer Parkway that terminates adjacent to the eastern boundary of this site. Use of the public wastewater system is required. (Case 98SN0137, Proffered Condition 1) ENVIRONMENT AL The request property drains into Swift Creek. There are no known on- or off-site drainage and erosion problems and none are anticipated after development. Drainage and water quality requirements have been addressed and implemented as part of the Commonwealth Centre development. PUBLIC FACILITIES The need for fire, school, library, park and transportation facilities is identified in the Public Facilities Plan, the Thoroughfare Plan and the Capital Improvement Program. This development will have an impact on these facilities. 5 07SN 0287 -1v1A Y23- BOS Fire Service: 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 new stations, the Plan also recommends the expansion of five (5) existing stations. Based on 284 dwelling units, this request will generate approximately sixty-four (64) calls for fire and emergency medical service each year. The applicant has addressed the impact on fire and EMS. (Proffered Condition 3) The Clover Hill Fire Station, Company Number 7, and Manchester Volunteer Rescue Squad 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. Access to all buildings must be provided in accordance with the State-wide Fire Prevention Code. Gated access shall not be designed as an emergency access if it is a required point of entry to the site. The Fire Department will evaluate this access at the time of site plan review. (Textual Statement I.F) Schools: Approximately 151 students, (Elementary: 66, Middle: 37, and High: 48), will be generated by this development. Currently, this site lies in the Clover Hill Elementary School attendance zone: capacity - 759, enrollment - 899; Swift Creek Middle School zone: capacity - 1,027, enrollment - 1,455; and Clover Hill High School zone: capacity - 1,582, enrollment - 1,593. The enrollment is based on September 29, 2006 and the capacity is as of 2006-2007. This request will have an impact on the elementary, middle and high schools. There are currently six (6) trailers at Clover Hill Elementary, seventeen (17) at Swift Creek Middle and eleven (11) at Clover Hill High. Tomahawk Creek Middle School is scheduled to open in the fall of 2008 that will provide relief for schools in this area of the County. The new Clover Hill High School will open in the fall of2010. This case, combined with other tentative residential developments and zoning cases in the zones, would continue to push these schools to capacity. This case could necessitate some form of relief in the future. The applicant has addressed the impact of the development on schools (Proffered Condition 3) Libraries: Consistent with the 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. 6 07SN 0287 -1v1A Y23- BOS Development would most likely affect the existing Clover Hill Library or a proposed new branch in the Winterpock and Beach Road area. The Plan identified a need for additional library space in this area of the County. The applicant has addressed the impact of the development on libraries. (Proffered Condition 3) Parks and Recreation: The Public Facilities Plan identifies the need for three (3) new regional parks, seven (7) community parks, twenty-nine (29) neighborhood parks and five (5) community centers by 2020. In addition, the Public Facilities Plan identifies the need for ten (10) new or expanded special purpose parks to provide water access or preserve and interpret unique recreational, cultural or environmental resources. The Plan identifies shortfalls in trails and recreational historic sites. The applicant has offered measures to assist in addressing the impact of this proposed development on these parks and recreational facilities. (Proffered Condition 3) Transportation: In February 1998, the Board of Supervisors approved a rezoning request (Case 98SN0137) consisting of approximately ninety-seven (97) acres for a major commercial project (Commonwealth Center). With that zoning approval, the Board accepted proffered conditions that, among other things: 1) established a maximum density of development; 2) required right-of-way dedications and construction of specific road improvements; and 3) required a cash contribution towards improvement to Hull Street Road (Route 360). Most of the required road improvements have been completed. The property (14.2 acres) in this request is part of that Commonwealth Center zoning case. The applicant is requesting amendments to the Commonwealth Center zoning case, and in addition requesting a Conditional Use to allow a multifamily use (apartments) to be developed on the property. This request will not affect the existing transportation related proffers for development of the Commonwealth Center project. Vehicles generated by development of the property will be initially distributed, via Commonwealth Centre Parkway and Brad McNeer Parkway, along Route 360 and along Route 288. Based on the most recent data from the Virginia Department of Transportation (VDOT), the section of Route 360 between Spring Run Road and Old Hundred Road was carrying 67,324 vehicles per day (VPD) in 2006. This section of Route 360 is beyond capacity (Level of Service F) for the volume of traffic it currently carries. Drivers experience long delays, especially during peak travel periods. An improvement project will soon complete the widening of Route 360 to an 8-lane highway west of the Old Hundred Road intersection. This should reduce traffic congestion along the corridor, although it is likely that significant congestion will continue. Area roads need to be improved to address safety and accommodate the increase in traffic generated by this residential development. The applicant's request for this residential 7 07SN 0287 -1v1A Y23- BOS development is not consistent with the Board of Supervisors' Cash Proffer Policy. As development continues in this part of the county, traffic volumes on area roads will substantially increase. Cash proffers alone will not cover the cost of the improvements needed to accommodate the traffic increases. Without the applicant addressing the traffic impact of the residential development, the Transportation Department cannot support this request. Financial Impact on Capital Facilities: PER UNIT Potential Number of New Dwelling Units 284* 1.00 Population Increase 772.48 2.72 Number of New Students Elementary 66.17 0.23 Middle 36.92 0.13 High 48.00 0.17 TOTAL 151.09 0.53 Net Cost for Schools $1,518,832 $5,348 Net Cost for Parks 171,536 604 Net Cost for Libraries 99,116 349 Net Cost for Fire Stations 115,020 405 Average Net Cost for Roads 2,539,528 8,942 TOTAL NET COST $4,444,032 $15,648 *Based on Proffered Condition 1. The actual number of units and corresponding impact may vary. As noted, this proposed development will 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 $15,648 per unit. The applicant has been advised that a maximum proffer of $15,600 per unit would defray the cost of the capital facilities necessitated by this proposed development. The applicant has offered $6,685 per dwelling unit. This amount adequately addresses all categories of capital facilities except transportation (Proffered Condition 3). Consequently, the county's ability to provide adequate transportation facilities to its citizens will be adversely impacted. Note that circumstances relevant to this case, as presented by the applicant, have been reviewed and it has been determined that it is appropriate to accept the maximum cash proffer in this case. Staff recommends the applicant address the impact of this development on transportation facilities. 8 07SN 0287 -1v1A Y23- BOS The Planning Commission and Board of Supervisors, through their consideration of this request, may determine that there are unique circumstances relative to this request that may justify acceptance of proffers as offered for this case. Police: The applicant is proposing to build a high density residential project. With the support of the county administration, the Police Department seeks to have developers of new high density residential projects implement its recommendations for Crime Prevention Through Environmental Design (CPTED) which are planning and designing principles that constitute proactive crime prevention tools. Through CPTED principles, proper design and effective use of the environment can lead to a reduction in the fear and incidence of crime. In addition, the Police Department recommends that high density residential projects either enter into a contract for the permanent presence of an police officer on the premises or annually submit a security plan to it for review and approval. The applicant has addressed the Police Department's security concerns in its submissions; accordingly, the Police Department supports the applicant's request. (Proffered Condition 6) LAND USE Comprehensive Plan: Lies within the boundaries of the Upper Swift Creek Plan which suggests the property is appropriate for a mix of regional-scale office, commercial, townhouse and multi-family residential uses. The Upper Swift Creek Plan Amendment is currently under review. Area Development Trends: The subject property lies within the Commonwealth Centre development, consisting of a mix of retail and office uses. A multifamily residential project, known as The Terraces at Swift Creek, is located to the south. It is anticipated that a mix of commercial, office and higher density residential uses will continue within this larger regional node located at Hull Street Road and Route 288. Zoning History: On February 25, 1998, the Board of Supervisors, upon a favorable recommendation by the Planning Commission, approved a rezoning to Regional Business (C-4) with a Conditional Use to permit outside storage and continuous outside display on a ninety-six (96) acre tract located at the southwest quadrant of the intersection of Hull Street Road and Route 288, now commonly known as the Commonwealth Centre (Case 98SN0137). The subject property was part of this case. Proffered Conditions precluded residential 9 07SN 0287 -1v1A Y23- BOS townhouse and multifamily uses which, at that time, were restricted uses in the C-4 Di stri ct. Uses: Proffered Condition 8 of Case 98SN0137 permits development of the property for Regional Business (C-4) uses with the exception of certain uses, to include residential townhouse and multifamily uses. The applicant requests a Conditional Use and an amendment to Case 98SN0137 to permit the option of developing multifamily residential (apartment) uses on the subject property. (Proffered Conditions 2 and 7) Site Design: Development of multifamily residential uses would comply with the requirements of the Zoning Ordinance for Residential Multifamily (R-MF) Districts, with the exception of minimum project size, density, parking and setbacks, as discussed herein, and access as discussed in the Fire Service section of this report. Minimum Proiect Size and Density: This request would permit the option to develop residential multifamily uses on a minimum of twelve (12) acres of this 14.2 acre tract (Reference Exhibit B-1). Density is limited to twenty (20) dwelling units per acre, yielding a minimum of 240 dwelling units on twelve (12) acres and a maximum of 284 dwelling units on the entire 14.2 acres. (Textual Statement I.A) Parking and Driveways: The Ordinance requires the prOVISIon of two (2) off-street parking spaces for each dwelling unit, except that age restricted multifamily dwellings require a minimum of 1.2 parking spaces for each unit. The applicant proposes the provision of 1.7 parking spaces for each non-age restricted unit (Textual Statement I.B.2). With no data to substantiate a reduction in parking requirements, staff cannot support this exception. An exception is requested to permit on-street parking and parking within garages to be credited towards this minimum requirement (Textual Statement I.B 1 and 3). While staff supports such exception since it reduces the amount of impervious area and therefore, the impact on water quality, the developer and future owners should be cautioned that it will not be possible in the future to convert garages into living space. Building Setbacks and Location: Exceptions are requested to reduce building setbacks from interior private driveways and parking space, as well as between buildings. (Textual Statement I.C and E) 10 07SN 0287 -1v1A Y23- BOS Buildings would be permitted to front open spaces, courtyards or parking areas, as well as roads. (Textual Statement I.D) Age Restriction: Proffered Conditions 3.B, 4 and 5 provide for the option of limiting occupancy of some or all of the proposed dwelling units to "housing for older persons" as defined in the Virginia Fair Housing Law. While during the initial marketing of the project this restriction may be clear to prospective occupants, there is a risk that long-term, dwelling units may be sold or rented to individuals that do not meet this age-restriction. Given staff s inability to pro-actively enforce this condition prior to the purchase and occupancy of dwelling units, staff recommends that these proffers not be accepted. CONCLUSIONS The proposed zoning and land uses conform to the Upper Swift Creek Plan which suggests the property is appropriate for a mix of regional-scale office, commercial, townhouse and multi- family residential uses. The proffered conditions do not adequately address the impacts of this development on necessary capital facilities, as outlined in the Zoning Ordinance and Comprehensive Plan. Specifically, the needs for roads, schools, parks, libraries and fire stations is identified in the Public Facilities Plan, the Thoroughfare Plan and the Capital Improvement Program, and the impact of this development is discussed herein. The proffered conditions do not mitigate the impact on transportation facilities, thereby insuring adequate service levels are maintained and protecting the health, safety and welfare of County citizens. It should be noted that proffered conditions provide for the ability to age restrict occupants within the development that may result in enforcement issues (Proffered Conditions 3.B, 4 and 5). Further, no information has been submitted to substantiate a reduction in the number of parking spaces provided for non-age restricted dwelling units. (Textual Statement I.B.2) Given these considerations, staff recommends approval subject to the applicant addressing the impact of the development on transportation facilities, as discussed herein. CASE HISTORY Planning Commi ssi on Meeting (4/1 7 /07): The applicant did not accept the recommendation. There was OpposItIon present. Concerns were expressed relative to the loss of commercial land for residential development and the adverse impact of residential use on adjacent commercial development. 11 07SN 0287 -1v1A Y23- BOS Discussions ensued relative to the cash proffer policy and the previous contributions of the development toward mitigating the transportation impacts; and the cash proffers relative to age restrictions and the fact that the impacts are based on countywide averages which includes dwelling units having no school age children. The applicant indicated they would be willing to modify the age restricted proffers. Messrs. Bass, Gulley and Gecker expressed concerns relative to the conversion of commercially zoned land for residential use and the potential adverse impact of residential uses on adjacent commercial land uses. On motion of Mr. Bass, seconded by Mr. Gulley, the Commission recommended denial. AYES: Messrs. Gecker, Gulley, Bass, Litton and Wilson. The Board of Supervisors, on Wednesday, May 23,2007, beginning at 6:30 p.m., will take under consideration this request. 12 07SN 0287 -1v1A Y23- BOS Textual Statement TCR Mid Atlantic Land Acquisition Limited Partnership February 12, 2007 Revised March 23,2007 Revised March 29,2007 I. Requirements and Exceptions. Multifamily Residential development on the Property shall comply with the Multifamily Residential (R-MF) District standards of the Zoning Ordinance except as modified below: A. Parcel Area and Density. The minimum parcel size of any Multifamily Residential development shall be twelve (12) acres. The development's density shall not exceed twenty (20) units per gross acre. B. Parking. 1. If on-street parking is permitted, those spaces shall be counted towards the required number of parking spaces. 2. Except for "housing for older persons," units shall provide parking based on no less than 1.7 spaces per dwelling unit. 3. Any garage parking or other type of enclosed and/or covered parking area shall be counted toward the calculation of the required parking spaces, including tandem garage spaces. C. Setbacks. 1. All structures shall be set back a minimum of fifteen (15) feet from interior private driveways and fire lanes. 2. All structures shall be set back a minimum of seven and one-half (7.5) feet from any parking space. D. Location of Buildings. Buildings shall front on a street, open space, courtyard, or parking area. E. Distance Between Buildings. The minimum distance between buildings shall be fifteen (15) feet plus five (5) feet for each story above three stories. 1 F. Access. 1. The second point of access to the Property shall be provided from an existing private drive aisle on the adjacent commercial property, noted as "Community Center" on Exhibit B 1. 2. No third access shall be required at the time of site plan approval provided no more than two hundred seventy-five units are constructed. 3. 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