08SN0111
September 18, 2007 CPC
October 16,2007 CPC
No'/ember 20,2007 CPC
No'/ember 28,2007 BS
January 9, 2008 BS
STAFF'S
REQUEST ANALYSIS
AND
RECOMMENDA TION
08SN0111
(AMENDED)
Twin Rivers LLC
Bermuda Magisterial District
Enon Elementary, Chester Middle, and Thomas Dale High Schools Attendance Zones
Southwest quadrant of Meadowville and North Enon Church Roads
REQUEST: Rezoning from General Industrial (1-2) to General Business (C-5) with Conditional
Use to permit multifamily uses plus Conditional Use Planned Development to
permit exceptions to Ordinance requirements.
PROPOSED LAND USE:
A mix of commercial and residential uses is proposed. Commercial uses would be
limited to those uses permitted by right or with restrictions in the Community
Business (C-3) District, except as restricted by the Textual Statement, and
recreational establishments (commercial outdoor) limited to community events. The
applicant has agreed to restrict the residential portion of the development to 400
dwelling units. (Proffered Condition 8)
PLANNING COMMISSION RECOMMENDATION
RECOMMEND APPROVAL AND ACCEPTANCE THE PROFFERED CONDITIONS ON
PAGES 2 THROUGH 8.
STAFF RECOMMENDATION
Recommend approval subject to the applicant adequately addressing: 1) the impact of the residential
portion uses on school facilities; and 2) the impact of the residential uses on the health, welfare and
safety of residents of the development and surrounding areas through crime prevention measures, as
recommended by the Police Department. This recommendation is made for the following reasons:
Providing a FIRST CHOICE community through excellence in public service
A. While the Consolidated Eastern Area Plan suggests the property is appropriate for
light industrial use, the proposed mix of commercial, office and residential uses are
consistent with the master plan for the Meadowville Technology Park. Specifically,
this plan suggests a "Village Center" at this location which would provide services
and housing for the Park's employees and users
B. The proffered conditions do not adequately address the impacts of the residential
uses containing two (2) or fewer bedrooms 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 of dwelling units containing two (2) or fewer bedrooms on school 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 Owner-Applicant 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 itself and its successors or
assigns, proffers that the development of the property known as Chesterfield County Tax IDs 823-
659-3856, 6573, 9483, 824-659-2386, 5689, 8890, and 823-660-4049 from 1-2 with CUPD to C-5
with a Conditional Use to permit RMF and a CUPD to permit bulk exceptions, and subject to the
conditions and provisions of the Textual Statement will be developed as set forth below; however,
in the event the request is denied or approved with conditions not agreed to by the Applicant, these
proffers and conditions shall be immediately null and void and of no further force or effect.
(STAFF/CPC)
1.
Master Plan. The textual statement last revised November 19,2007
shall be considered the Master Plan along with two Conceptual Plans
entitled "Master Plan, Meadowville Town Center" dated September
13,2007, and "Master Plan, Meadowville Town Center - Alternate"
dated September 20, 2007, both prepared by TimmonsKelly
Architects. If existing Meadowville Road along the west side of the
Property is eliminated, the Property shall be developed as generally
depicted on the attached Master Plan entitled "Master Plan,
Meadowville Town Center - Alternate" dated September 20, 2007,
prepared by TimmonsKelly Architects, and as provided in the
Textual Statement and as set forth herein below unless the Applicant
and the Economic Development Authority of the County of
Chesterfield mutually agree on an alternative location for New
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(STAFF/CPC)
(STAFF/CPC)
(STAFF/CPC)
Meadowville Road. The two plans shall hereinafter be referred to
collectively as the Master Plan. (P)
2.
Utilities. Public water and wastewater systems shall be used.
(U)
3.
Environmental.
A. For any development that drains to Johnsons Creek,
stormwater runoff shall be retained based upon the two (2)
year, ten (10) year and 100 year post development condition
and released based upon the two (2) year, ten (10) year, and
100 year pre-development condition, respectively.
Stormwater runoff that is directed to the North toward the
Meadowville Landing Subdivision shall be discharged to an
adequate outfall of sufficient size and capacity to handle the
post development discharge.
B. The developer shall follow the approved drainage breaks for
the parcels as shown on a plan titled "Meadowville
Stormwater Management BMP-MP Post Developed
Hydraulic Analysis," prepared by Timmons Group, dated
May 23, 2007, revised August 9, 2007. (EE)
4.
TransDortation.
A. Dedications. The following rights-of-way shall be dedicated,
free and unrestricted, to Chesterfield County prior to any site
plan approval, in conjunction with recordation of the initial
subdivision plat or within sixty (60) days from the date of a
written request by the Transportation Department, whichever
occurs first:
Thirty-five (35) feet of right-of-way, on the west side
of North Enon Church Road measured from the
centerline of that part of North Enon Church Road
immediately adjacent to the Property.
11. Thirty-five (35) feet of right-of-way on the south side
of Meadowville Road measured from the centerline
of that part of Meadowville Road immediately
adjacent to the Property from North Enon Church
Road to the Meadowville Road/Deepwater Cove
Drive intersection.
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08SNOlll-]AN9-BOS-RPT
B. Road Imorovements. In conjunction with the initial
development, the developer shall provide the following
improvements. The exact design of these improvements
shall be approved by the Transportation Department.
1. Widening/improving on the south side of
Meadowville Road from the Meadowville
Road/Deepwater Cove Drive intersection to North
Enon Church Road to provide an eleven (11) foot
wide travel lane, measured from the centerline of the
road, with an additional one (1) foot wide paved
shoulder plus a seven (7) foot wide unpaved shoulder,
and overlaying the full width of the road with one and
one half (1.5) inches of compacted bituminous
asphalt concrete, with modifications approved by the
Transportation Department, for the entire Property
frontage.
11. Construction of additional pavement along
Meadowville Road at the approved accesses to
provide left and right turn lanes, if warranted, based
on Transportation Department Standards.
111 Relocation of the ditch to provide an eight (8) foot
wide unpaved shoulder along the west side of
North Enon Church Road for the entire property
frontage along North Enon Church Road.
IV. Dedication to and for the benefit of Chesterfield
County, free and unrestricted, of any additional right-
of-way (or easement) required for the improvements
identified above.
C Access
1. Direct vehicular access from the Property to
Meadowville Road shall be limited to two (2)
entrance/exits. The exact location of these accesses
shall be approved by the Transportation Department.
11. There shall be no direct vehicular access from the
Property to North Enon Church Road.
D. New Meadowville Road. If the Property is developed in
accordance with the "Master Plan, Meadowville Town
Center - Alternate" Plan dated September 20, 2007, prepared
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08SNOlll-]AN9-BOS-RPT
by TimmonsKelly Architects, unless an alternative alignment
is determined based on Textual Statement General Condition
I(B), the Developer shall be responsible for the following
improvements and other transportation improvements in
Proffered Condition 4. The exact design of these
improvements shall be approved by the Transportation
Department.
Dedication: Prior to any site plan approval,
in conjunction with recordation of the initial
subdivision plat or within sixty (60) days
from the date of a written request by the
Transportation Department, whichever occurs
first, a seventy (70) foot wide right-of-way for
a north/south collector ("New Meadowville
Ro ad") from the Meadowville
Road/Deepwater Cove Drive intersection,
through the Property to the western Property
line, as generally shown on the Conceptual
Plan entitled "Master Plan, Meadowville
T own Center - Alternate" dated September
20, 2007, shall be dedicated, free and
unrestricted, to Chesterfield County.
11. Road Improvements.
5
a.
Construction of a two-lane road for
New Meadowville Road, based on
VDOT Urban Collector Standards (40
MPH) with modifications approved
by the Transportation Department,
from the Meadowville
Road/Deepwater Cove intersection,
through the Property to the western
property line as generally shown on
the "Master Plan, Meadowville Town
Center - Alternate" Conceptual Plan.
The exact alignment of New
Meadowville Road right-of-way shall
be approved by the Transportation
Department.
b.
Construction of additional pavement
along existing Meadowville Road and
New Meadowville Road at each
approved access to provide left and
08SNOlll-]AN9-BOS-RPT
(STAFF/CPC)
(CPC)
right turn lanes, if warranted, based on
Transportation Department standards.
c. Dedication to and for the benefit of
Chesterfield County, free and
unrestricted, of any additional right-
of-way (or easement) required for the
improvements identified above.
111. Access. Prior to any site plan approval, an
access plan for New Meadowville Road shall
be submitted to and approved by the
Transportation Department. Vehicular access
from the Property to New Meadowville Road
extended shall conform to the approved
access plan.
E. Phasin2: Plan. Prior to any site plan approval, a phasing plan
for the required road improvements, as identified in
Proffered Condition 4, shall be submitted to and approved by
the Transportation Department. (T)
5.
Timberin2:. 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)
6.
Cash Proffers.
A. For all dwelling units initially constructed with more than
two (2) bedrooms the applicant, sub-divider, or assignee(s)
shall pay the following to the County of Chesterfield, prior to
the issuance of a building permit for infrastructure
improvements within the service district for the property:
1. $15,600 per dwelling unit, if paid prior to July 1,
2007; or
2 The amount approved by the Board of Supervisors
not to exceed $15,600 per dwelling unit 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, 3007.
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08SNOlll-]AN9-BOS-RPT
B. For all dwelling units initially constructed with two or fewer
bedrooms the applicant, sub-divider, or assignee(s) shall pay
the following to the County of Chesterfield, prior to the
issuance of a building permit for infrastructure improvements
within the service district for the property:
1. $10,269 per dwelling unit, if paid prior to July 1,
2007; or
2. The amount approved by the Board of Supervisors
not to exceed $10,269 per dwelling unit 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. At the time of payment, the
$10,269 will be allocated pro-rata among the facility
costs as follows: $602 for parks and recreation, $348
for library facilities, $8,915 for roads, and $404 for
fire stations. Payments in excess of $10,269 shall be
prorated as set forth above.
C. Building plans submitted for building permits shall designate
the number of bedrooms in each dwelling unit.
D. Cash proffer payments shall be spent for the purposes
proffered or as otherwise permitted by law.
E. If, upon the mutual agreement of the Transportation
Department and the Applicant the Applicant provides road
improvements other than those road improvements identified
in Proffered Condition 4 (the "Improvements"), then the
transportation component in this Proffered Condition shall be
reduced by an amount not to exceed the cost to construct the
Improvements so long as the cost is of equal or greater value
than that which would have been collected through the
payment(s) of the road component of the cash proffer as
determined by the Transportation Department. Once the sum
total amount of the cash proffer credit exceeds the cost of the
Improvements, as determined by the Transportation
Department, thereafter the Applicant shall commence paying
the cash proffer as set forth in this Proffered Condition as
adjusted for the credit. For the purposes of this proffer, the
costs, as approved by the Transportation Department, shall
include, but not be limited to, the cost of right-of-way
acquisition, engineering costs, costs of relocating utilities and
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08SNOlll-]AN9-BOS-RPT
actual costs of construction (including labor, materials, and
overhead) ("Work"). Before any Work is performed, the
Applicant shall receive prior written approval by the
Transportation Department for the Improvements and any
credit amount.
F. 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. If Chesterfield should
adopt a "workforce" or "affordable" housing program which
eliminates or permits a reduced cash proffer, the cash proffer
for any dwelling unit on the Property that is designated as
"workforce" or "affordable" housing, that meets all the
requirements of the adopted "workforce" or "affordable"
housing program, and for which a cash proffer has not yet
been paid shall be adjusted to be consistent with the approved
"workforce" or "affordable" housing program. (B & M)
(STAFF/CPC)
7.
The total number of dwelling units shall not exceed four
hundred (400). (P)
GENERAL INFORMATION
Location:
Southwest quadrant of Meadowville and North Enon Church Roads. Tax IDs 823-659-
3856, 6573 and 9483; 823-660-4049; 824-659-2386, 5689 and 8890.
Existing Zoning:
1-2
Size:
69.9 acres
Existing Land Use:
Vacant
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08SNOlll-]AN9-BOS-RPT
Adiacent Zoning and Land Use:
North - R-12; Single family residential or vacant
South and West - 1-2 with Conditional Use Planned Development; Vacant
East - R-12 and A; Vacant
UTILITIES
Public Water System:
There is an existing sixteen (16) inch water line extending along the north side of
Meadowville Road, opposite the request site, that terminates adjacent to North Enon Church
Road. Use of the public water system is intended. (Proffered Condition 2)
Per Utilities Department 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:
The request site is within the Johnson's Creek drainage basin. A thirty-six (36) inch
wastewater trunk line extends along Johnson's Creek approximately 4,200 feet southwest of
the request site. A twenty-four (24) inch wastewater trunk line is proposed for construction
in conjunction with the development of Mount Blanco on the James, Section 1 and, when
completed, will be approximately 3,000 feet south of the request site. Use of the public
wastewater system is intended. (Proffered Condition 2)
ENVIRONMENTAL
Drainage and Erosion:
The subject property is very flat and drains in several directions. The part of the property
that drains north under Meadowville Road will drain through storm sewer systems in
Meadowville Landing to the James River. That portion of the property that drains to the
south will drain through Meadowville Technology Park tributaries to Johnson Creek.
There are currently no known on- or off-site erosion problems on the property and none are
anticipated after development. Due to the extreme flatness of the area, staff has been
working with area developers to determine how much of the land drains to the north to the
James River and how much of the land drains to the south to Johnson Creek. Staff has
approved the drainage area divide for these parcels and, as such, the developer has proffered
that they will follow the approved drainage breaks for these parcels. (Proffered Condition
3.B)
Due to the downstream flooding of Route 10, Proffered Condition 3.A requires that the
developer retain the post- development 2, 10, and 100-year storm event and release at the
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08SNOlll-]AN9-BOS-RPT
pre-development 2, 10, and 100-year storm event for any portion of the property that drains
to the south into Johnson Creek.
The subject property is wooded and, as such, should not be timbered without obtaining a
land disturbance permit from the Department of Environmental Engineering. This will
ensure that the adequate erosion control measures are in place prior to any land disturbance.
(Proffered Condition 5)
PUBLIC FACILITIES
The need for fire, school, library, park and transportation facilities in this area is identified in the
County's adopted Public Facilities Plan, the Thoroughfare Plan and the adopted Capital
Improvement Program and further detailed by specific departments in the applicable sections of this
request analysis. The residential portion of this development will have an impact on these facilities.
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 (6) new stations, the Plan also recommends the expansion of five (5) existing stations.
Based on 400 dwelling units, this request will generate approximately ninety (90) calls for
fire and emergency medical service each year. The applicant has addressed the impact on
fire and EMS. (Proffered Condition 6)
The applicant has requested exceptions to building setbacks from internal roads, private
driveways, parking areas and streets (Textual Statement II.D). According to the
International Fire Code (IFC, Aerial Access), three (3) accesses are required around
buildings thirty (30) feet in height or greater. One (1) access must be a minimum of twenty-
six (26) feet wide and located between fifteen (15) and thirty (30) feet from the building.
The Fire Department will review all site plans for compliance with the IFC requirements.
The Rivers Bend Fire Station, Company 18, currently provides 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:
Approximately 212 (Elementary: 92, Middle: 52, High: 68) students will be generated by
this development. Currently, this site lies in the Enon Elementary School attendance zone:
capacity - 562, enrollment - 534; Chester Middle School zone: capacity - 864, enrollment -
988; and Thomas Dale High School zone: capacity - 1,851, enrollment - 2,438. The
enrollment is based on October 1, 2007 and the capacity is as of 2006-2007. This request
will have an impact at the elementary, middle and high school level. There are currently
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08SN0111-]AN9-BOS-RPT
four (4) trailers at Enon Elementary; six (6) at Chester Middle and eight (8) at Thomas Dale
High School.
The new Elizabeth N. Scott Elementary School opened this fall and the new Elizabeth B.
Davis Middle School is scheduled to open in 2008. The new elementary school provides
relief for elementary schools in the Chester area and the new middle school will provide
relief for Chester and Carver Middle Schools. This area of the county continues to
experience growth and these schools will provide much needed space. The applicant has
addressed the impact on school facilities for dwelling units initially constructed with more
than two (2) bedrooms, but has not addressed school impacts for dwelling units initially
constructed with two (2) or fewer bedrooms. (Proffered Condition 6)
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.
Development of the property noted in this case would affect the Enon Library. The Public
Facilities Plan identifies a need for additional library space at this location. The applicant
has addressed the impact of this development on libraries. (Proffered Condition 6)
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 Public
Facilities 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. The Plan also
identifies the need for linear parks and resource based-special purpose parks (historical,
cultural and environmental) and makes suggestions for their locations; sports fields,
trails, playgrounds, court games, senior centers and picnicking area/shelters at existing
parks; and water access and trails along the James and Appomattox Rivers and their
major tributaries, Swift and Falling Creeks. Co-location with middle and elementary
schools is desired.
The applicant has offered measures to address the impact of this proposed development
on the infrastructure needs of Parks and Recreation. (Proffered Condition 6)
Transportation:
The subject property (approximately 70 acres) is currently zoned General Industrial (1-2).
The applicant is requesting rezoning to General Business (C-5) with a Conditional Use to
permit multi-family uses. This request will not limit development to a specific land use;
therefore it is difficult to anticipate traffic generation. Based on trip rates for a shopping
center, development could generate approximately 24,000 average daily trips (ADT). These
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08SN0111-]AN9-BOS-RPT
vehicles will be distributed along Meadowville Road and North Enon Church Road, which
had a 2006 traffic count of260 and 660 vehicles per day, respectively.
In 1996, the Board of Supervisors approved zoning of over 1,500 acres (Case 96SN0203) to
permit the development of Meadowville Technology Park, which included all of the subject
property. Under the current 1-2 zoning and based on a development density of 10,000
square feet per acre, the site could generate approximately 5,100 ADT based on light
industrial uses.
The Thoroughfare Plan identifies these sections of Meadowville Road and North Enon
Church Road, adjacent to the property, as collectors with a recommended right-of-way
width of seventy (70) feet. The applicant has proffered to dedicate thirty-five (35) feet of
right-of-way, measured from the centerline of both Meadowville Road and North Enon
Church Road, in accordance with that Plan. (Proffered Condition 4A)
Access to collectors, such as Meadowville Road and North Enon Church Road, should be
controlled. The applicant has proffered to limit vehicular access to two (2) entrances/exits
along Meadowville Road. The applicant has proffered that no direct vehicular access will
be provided from the property to North Enon Church Road. (Proffered Condition 4C)
The traffic impact of this development must be addressed. The applicant has proffered to: 1)
construct left and right turn lanes along Meadowville Road at each approved access, based
on Transportation Department standards; 2) widen the south side of Meadowville Road to a
total travel way width of eleven (11) feet measured from the centerline with an additional
one (1) foot wide paved shoulder plus a seven (7) foot wide unpaved shoulder, and
overlaying the full width of the road with one and one half (1.5) inches of asphalt concrete
from Deepwater Cove Drive to North Enon Church Road; and 3) relocate the ditch along the
west side of North Enon Church Road to provide an eight (8) foot wide unpaved shoulder
for the entire property frontage. (Proffered Condition 4B)
Some roads in this area need to be improved to address safety and accommodate the
increase in traffic generated by this development. The applicant has proffered to contribute
cash, in an amount consistent with the Board of Supervisors' Policy, towards mitigating the
traffic impact of this development (Proffered Condition 6). 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. No road improvement projects in this part of the county are included in the
Secondary Road Six- Year Improvement Plan.
To address Economic Development Department's concerns with the potential realignment
of Meadowville Road through the Meadowville Technology Park, the applicant has also
proffered an alternate master plan to dedicate and construct "New Meadowville Road"
through the property (Proffered Condition 4D). If mutually agreed upon by Economic
Development and the applicant, a "New Meadowville Road" would be provided by the
applicant from the Deepwater Cove Drive/Meadowville Road intersection to the western
property line, as generally shown on the conceptual plan entitled "Meadowville Town
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08SN0111-]AN9-BOS-RPT
Center - Alternate." The "New Meadowville Road" will serve additional property within
the Meadowville Technology Park, as well as the proposed development. Based on the
proffered conditions, dedicating right-of-way and constructing the remaining section of
"New Meadowville Road" through the Meadowville Technology Park would not be the
responsibility of the applicant. In order to provide the proposed "New Meadowville Road,"
a section of existing Meadowville Road would need to be removed from the State System of
highways by action of the Board of Supervisors and Commonwealth Transportation Board.
VDOT's "Chapter 527" regulations, dealing with development Traffic Impact Study
requirements, have recently been enacted. Staff has been meeting with VDOT to attempt to
understand the process and the impact of the regulations. At this time, it is uncertain what
impact VDOT's regulations will have on the development process or upon zonings
approved by the county.
At time of site plan review, specific recommendations will be provided regarding access and
internal circulation.
Financial Impact on Capital Facilities:
PER UNIT
Potential Number of New Dwelling Units 400* 1.00
Population Increase 1088.00 2.72
Number of New Students
Elementary 93.20 0.23
Middle 52.00 0.13
High 67.60 0.17
TOTAL 212.80 0.53
Net Cost for Schools 2,139,200 $5,348
Net Cost for Parks 241,600 604
Net Cost for Libraries 139,600 349
Net Cost for Fire Stations 162,000 405
Average Net Cost for Roads 3,576,800 8,942
TOTAL NET COST 6,259,200 $15,648
* Based on a proffered maximum of 400 dwelling unites (Proffered Condition 7). The actual
number of dwelling unites 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
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$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 cash in the amount of $15,600 per unit for units initially constructed with
more than two bedrooms and $10,269 for units initially constructed with two or less bedrooms, or
road improvements combined with a reduced cash proffer amount, in each instance, to mitigate the
impact of this proposed development on capital facilities. The reduced amount proffered for units
with two or less bedrooms does not adequately address the impact of this development on school
facilities. Consequently, the county's ability to provide adequate school capital facilities will be
adversely affected. (Proffered Condition 6)
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 fully address the impact of this development on schools.
The Planning Commission and the 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 not addressed any of the Police Department's security concerns in its
submissions; accordingly, the Police Department does not support the applicant's request.
LAND USE
Comprehensive Plan:
Lies within the boundaries of the Consolidated Eastern Area Plan which suggests the
property is appropriate for light industrial use. The Plan directs industrial development in
this area to be part of a park-like setting. The Meadowville Technology Center Master Plan,
which is endorsed by the Chesterfield County Economic Development Authority, further
suggests that the subject property, under the right conditions, would be appropriate for the
location of a "Village Center" to provide services and housing for the industrial park
employees and users.
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Area Development Trends:
The property is located within the northeastern edge of the Meadowville Technology Park.
Properties to the south and west are zoned General Industrial (1-2) and are currently vacant.
Properties north of Meadowville Raod are zoned Residential (R-12) and have been
developed as part of the Meadowville Landing Subdivision. Properties east of North Enon
Church Road are zoned R-12 and Agricultural (A) and are currently vacant. It is anticipated
that industrial uses will continue to develop on properties to the south and west, with
residential to the north and east, as suggested by the Plan.
Zoning History:
On February 28, 1996, the Board of Supervisors, upon a favorable recommendation by the
Commission, proactively rezoned a 1,582 acre tract to General Industrial (1-2) with
Conditional Use Planned Development to accommodate an industrial park (Meadowville
Technology Park). The subject property was included in within the limits of this case.
Site Design:
The property is proposed for a mix of commercial, office and multifamily residential uses.
The property is divided into ten (10) tracts as depicted on the Master Plan and Alternate
Master Plan (Attachments - Proffered Condition 1). The boundaries and sizes of the Tracts
may be modified so long as their relationship with each other and any adjacent properties is
maintained. Any mixing of residential and non-residential uses within a tract will require
the submittal of a Mixed Use Plan for approval by either the Planning Department or
Planning Commission to ensure appropriate land use transitions and compatibility both
within the tract and with surrounding properties (Textual Statement I.B).
Unless specifically regulated by the Textual Statement, the development of all tracts must
comply with the requirements of the Zoning Ordinance for General Business (C-5) uses in
an Emerging Growth District. These standards promote high quality, well-designed
projects. Such standards address access, parking, landscaping, architectural treatment,
setbacks, signs, buffers, utilities and screening of dumpsters and parking areas.
Standards for all Tracts:
Street Trees and Sidewalks:
The Textual Statement describes the proposed development as a traditional mix of
uses with sidewalks, tree-lined streets and open spaces (Textual Statement I.A.).
Conditions provide for street trees and sidewalks along both sides of all streets, that
provide general circulation throughout the development as well as both sides of New
Meadowville Road (Textual Statement II.B and II. H). In addition to promoting a
traditional design and providing a project amenity, street trees and sidewalks on both
15
08SN0111-]AN9-BOS-RPT
sides of all streets provide continuity and integration of the proposed Village Center
with the Technology Park.
Parking:
The applicant has incorporated the provision for on-street parking and parking for
residential uses within non-residential tracts throughout this project. These
standards are consistent with those applied to Village Districts and would be
appropriate in this traditional development design. (Textual Statement II.A.1 and 5)
The Ordinance requires a minimum of two (2) parking spaces for each residential
unit. Further, parking for the proposed mix of commercial and office uses would be
calculated at shopping center standards of 4.4 spaces for every 1,000 gross square
feet of uses. Ordinance standards permit a reduction in the required number of
parking spaces based on shared use and lor provision of pedestrian connections
between uses. Textual Statement Items II.A.2 through 4 duplicate these Ordinance
requirements and, as such, should be removed from the Textual Statement.
Conditions provide for the location of parking areas so as to minimize the views of
such areas from both Meadowille and Enon Church Roads. (Textual Statement
II.A.6)
Building Height and Architectural Treatment:
Building heights within Tract K are restricted to a maximum of six (6) stories. To
address concerns expressed by the Chesterfield County Economic Development
Authority (EDA), the maximum building height for Tracts A through I is restricted
to a maximum of three (3) stories. (Textual Statement II.C 1 and 2)
Conditions also address architectural treatment. These conditions require submittal
of architectural designs to the EDA. It should be noted that this condition does not
require the EDA's approval of these designs. (Textual Statement II.C.3)
Setbacks~ Buffers~ and Landscape Areas:
Except along Meadowville and North Enon Church Roads, conditions do not require
building setbacks from streets, driveways and parking areas. Along Meadowville
and North Enon Church Roads, the Ordinance would require a minimum setback of
twenty-five (25) feet for buildings, parking and drives. Conditions would increase
this minimum setback to fifty (50) feet which is more in keeping with the
neighboring Technology Center. (Textual Statement II.D and E.2 and E.3)
Conditions also indicate no buffers will be required between uses; adjacent to the
development limits; and along Meadowville and New Meadowville Roads (Textual
Statement II.E. 1 and 2). The Ordinance does not require buffers in any of these
locations. As such, these items should be removed from the Textual Statement.
16
08SN0111-]AN9-BOS-RPT
Restrictive Covenants:
Conditions require the recordation of a restrictive covenant (Textual Statement II.F).
It should be noted that the County will only ensure the recordation of the covenants
and will not be responsible for their enforcement. Once recorded, the covenants
may be changed.
Uses and Special Development Standards: Specific Tracts:
Tracts A through I:
Tracts A through I, located along the periphery of the property and containing
approximately twenty-five (25) acres, would be limited to those uses permitted by
right or with restrictions in the Community Business (C-3) District, except as
restricted in Textual Statement II.G, and outdoor commercial recreational
establishments limited to community events. (Textual Statement III)
Tract K:
Tract K, located centrally within the property and containing approximately twenty-
eight (28) acres, would permit uses permitted in Tracts A through I plus a maximum
of 400 dwelling units. A maximum of two (2) buildings could contain all residential
uses. Any additional buildings would contain either all non-residential uses or a mix
of residential and non-residential uses. Within buildings containing a mix of
residential and non-residential uses, conditions limit the number of floors and
percentage of first floor areas devoted to residential uses. To address any potential
conflict with adjacent industrial uses, no residential use would be closer than 200
feet to the Meadowville Technology Park. (Textual Statement IV)
CONCLUSIONS
While the Consolidated Eastern Area Plan suggests the property is appropriate for light industrial
use, the proposed mix of commercial, office and residential uses are consistent with the master plan
for the Meadowville Technology Park. Specifically, this plan suggests a "Village Center" at this
location which would provide services and housing for park employees and users.
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. The proffered
conditions do not mitigate the impact of dwelling units containing two (2) or fewer bedrooms on
school facilities, thereby insuring adequate service levels are maintained and protecting the health,
safety and welfare of County citizens. 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.
17
08SN0111-]AN9-BOS-RPT
The application also fails to address the impact of the residential uses on the health, welfare and
safety of the residents of the development and surrounding areas through crime prevention measures
recommended by the Police Department, as discussed herein.
Textual Statement II.A. 2 through 4 relative to parking and II.E. 1 and 2 relative to buffers are either
duplications of Ordinance requirements (parking) or are relief to standards not based on Ordinance
requirements (buffers). As such, staff recommends that these items be removed from the Textual
Statement.
Given these considerations, approval of this request is recommended subject to the applicant fully
addressing the impact of the residential uses on school facilities, as well as crime prevention
measures for the proposed residential uses, as recommended by the Police Department.
CASE HISTORY
Planning Commission Meeting (9/18/07):
On their own motion, the Commission deferred this case to their October 16,2007, meeting.
Staff (9/19/07):
The applicant was advised in writing that any significant, new or revised information should
be submitted no later than September 24, 2007, for consideration at the Commission's
October 16,2007, meeting.
Applicant (9/26/07):
Revised proffered conditions were submitted.
Applicant (10/12/07 and 10/16/07):
Amended proffers and Textual Statement were submitted.
Planning Commission Meeting (10/16/07):
The applicant submitted additional revisions.
Staff had recommended deferral to allow time to evaluate the latest submissions. The
applicant opposed the deferral and the Commission agreed to hear the case.
18
08SN0111-]AN9-BOS-RPT
The applicant agreed to amend the cash proffer to address the full impact of any dwelling
unit containing more than two (2) bedrooms.
Mr. Gecker expressed concern relative to the late submission of the revisions and the
inability of staff and the Commission to evaluate those amendments.
Mr. Wilson suggested that Staff and the applicant would have an opportunity to correct
technical issues prior the Board's consideration of the case. He indicated that it was
important to move this case forward so as to coordinate the development with other area
development in a timely manner.
Mr. Wilson made a motion to approve the request and accept the proffered conditions with
the modification to the cash proffer. His motion was seconded by Mr. Litton. The vote on
the motion was as follows:
AYES: Messrs. Litton and Wilson.
NAYS: Messrs. Gulley and Bass.
ABSTENTION: Mr. Gecker.
Due to a tie vote, the case was carried over to the Commission's December meeting.
Board of Supervisors Meeting (10/24/07):
On their own motion, the Board deferred this case to their November 28, 2007, meeting
pending the Commission's recommendation.
Applicant (10/29/07, 11/7/07, 11/9/07 and 11/14/07):
Revised proffered conditions and Textual Statement were submitted.
Applicant (11/19/07):
Revised proffered conditions and Textual Statement were submitted. The application was
amended to delete the option for townhouse development.
Planning Commission Meeting (11/20/07):
The applicant accepted the Commission's recommendation, but did not accept the Staff s
recommendation. There was no opposition present.
The Commission acknowledged withdrawal of the townhouse component of the Conditional
Use request.
19
08SN0111-]AN9-BOS-RPT
On motion of Mr. Wilson, seconded by Mr. Litton, the Commission recommended approval
and acceptance of the proffered conditions on pages 2 through 8.
AYES: Messrs. Gecker, Gulley, Bass, Litton and Wilson.
Board of Supervisors' Meeting (11/28/07):
This case was carried over to the Board's January 9, 2008, meeting since the Procedures of
the Board prohibit consideration of zoning cases after November 6, 2007, given that a
maj ority of the Board was not re-elected.
The Board of Supervisors, on Wednesday, January 9, 2008, beginning at 6:30 p.m., will take under
consideration this request.
20
08SN0111-]AN9-BOS-RPT
TWIN RIVERS, LLC
TEXTUAL STATEMENT
Revised:
November 19,2007
This is a request to rezone 67.76 acres of the Property under consideration to C-5 with a
Conditional Use to permit Residential Multi-Family and a Conditional Use Planned
Development (CUPD) that will permit bulk exceptions to ordinance standards. Except as
qualified herein, uses permitted in the C-3 District, RMF, and outdoor entertainment uses shall
be permitted throughout the property.
I. General Conditions.
(A) The development shall have a traditional mixed use development design with a mix
of residential and non-residential uses within blocks and/or within a building. Buildings will be
located close to the sidewalks and other buildings, the streets lined with trees and sidewalks, on-
street parking, and open spaces.
(B) The Property shall be developed as generally depicted on the attached Master Plan,
entitled "Master Plan, Meadowville Town Center" dated September 13, 2007, prepared by
TimmonsKelly Architects, and as provided in the accompanying proffers and as set forth herein
below.
However, if existing Meadowville Road along the west side of the Property is eliminated,
the Property shall be developed as generally depicted on the attached Master Plan entitled
"Master Plan, Meadowville Town Center - Alternate" dated September 20, 2007, prepared by
TimmonsKelly Architects, and as provided in the accompanying proffers and as set forth herein
below unless the Applicant and the Economic Development Authority of the County of
Chesterfield mutually agree on an alternative location for New Meadowville Road. The two
plans shall hereinafter be referred to collectively as the Master Plan.
The tracts shall be located in the area as generally depicted on the Master Plan, but their
location and size, including further divisions into sub-tracts, may be modified through the site
plan process, so long as the parcels generally maintain their relationship with each other and any
adjacent properties. Such Plan shall be subject to appeal in accordance with the provisions of the
Zoning Ordinance for Site Plan appeals.
The mixing of residential and non-residential uses within a tract may be permitted if a
Mixed Use Plan is submitted for review and approval by either the Planning Department or the
Planning Commission at the election of the developer. Such review will be subject to appeal in
accordance with the provision of the Zoning Ordinance for site plan appeals. The Mixed Use
Plan shall address the land use transitions and compatibility between the different uses within a
tract and adjacent properties. Land use compatibility and transitions may include, but not
necessarily limited to, the exact locations of uses, buffers and site design.
1
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II. General ReQuirements and Exceotions.
(A) Parking.
1. If on-street parking is permitted, those spaces shall be counted towards the
required number of parking spaces for all uses.
2. The Applicant shall provide parking for residential uses based on 2 spaces per
dwelling unit.
3. Commercial or office uses shall provide parking based on 4.4 spaces/1,000
gross floor area.
4. Parking may be further reduced based on Zoning Ordinance Section 19-512.
5. Parking shall not be required on each parcel or site where the use is located,
but rather may be provided off-site but must be in the town center project,
including on-street parking, subject to approval at the time of plans review, which
may include requirements for easements.
6. Parking areas shall be generally located so as to minimize their exposure to
Meadowville and North Enon Church Roads. Specifically, parking areas shall be
located to the side or rear of buildings; no closer to Meadowville or North Enon
Church Roads than the fronts of buildings; and within courtyard areas such that
the buildings provide a barrier between the road and the parking.
(B) Street Trees. Street trees shall be planted along both sides of all public and private
streets that provide general circulation throughout the development, including but not
limited to one (1) side of Meadowville Road and both sides of New Meadowville Road.
Street trees shall not be required along North Enon Church Road.
(C) Architectural Standards.
1. The maximum height for all buildings within Tract K shall be (6) stories. This
height limit shall not restrict the use of a roof of a six (6) story building for
features such as, but not limited to, decks, patios, or gardens. The maximum
height of accessory buildings and structures within all Tracts shall be one-half
(1/2) the height of the principal building.
2. The maximum height for buildings within Tracts A through I shall be three (3)
stories.
3. Tract K shall have a similar architectural style to Chester Village Green.
Tracts A through I shall compliment the architectural style of Tract K.
Architectural designs shall be submitted to the Economic Development Authority
of the County of Chesterfield for review prior to site plan approval.
2
This page is blank.
(D) Setbacks.
All buildings (including accessory structures) along internal roads, interior private
driveways, parking areas and streets shall have zero (0) foot setback requirement
for front, side, corner side, rear, and through lots. No setback shall be required
from proposed or existing public roads except along North Enon Church Road
and Meadowville Road. Provided however, that corner side yards shall meet sight
distance requirements as may be established at the time of site plan review.
(E) Buffers and Landscape Areas.
1. No buffers shall be required between various uses and adjacent properties.
2. No buffers shall be required along Meadowville Road or New Meadowville
Road. A fifty (50) foot building, drives and parking setback shall be maintained
along Meadowville Road with landscaping consistent with the Meadowville
Landing subdivision which is shown on a landscape plan entitled "Meadowville
Landing at River's Bend," dated August 1, 2006, prepared by Townes Site
Engineering.
3. A minimum fifty (50) foot building, drives, and parking setback shall be
maintained along North Enon Church Road. Except where necessary to
accommodate access and utilities that run generally perpendicular through the
setback, trees having a caliper of four (4) inches or greater shall be maintained
within this setback along with the installation of perimeter landscaping C. This
does not preclude the removal of diseased, dead, or dying trees. This does not
preclude the removal of trees for the installation of sidewalks within the setback.
(F) Restrictive Covenants shall be recorded prior to issuance of a building permit. Said
Restrictive Covenants shall include the following language:
This property is adjacent to the Meadowville Technology Park.
Neighboring property will be used for industrial and other business
purposes. Traffic, noise, and lighting concerns related to Meadowville
Technology Park should be addressed through the owner of Meadowville
Town Center.
(G) Uses Not Permitted. The following uses shall not be permitted on the Property:
1. Feed, seed and ice sales;
2. Fraternal uses;
3. Indoor flea markets;
4. Kennels, commercial;
5. Material reclamation receiving centers;
6. Motor vehicle sales and rental;
7. Secondhand and consignment stores; and
8. Taxidermies.
(H) Sidewalks: Sidewalks shall be installed along both sides of all public and private
3
This page is blank.
streets that provide general circulation throughout the development, including but
not limited to both sides of New Meadowville Road. Sidewalks shall not be
required along Meadowville Road and North Enon Church Road.
III. Tracts A throu2:h I - Commercial Area.
(A) Uses. Uses permitted shall be limited to:
1. Uses permitted by right or with restriction in the Community Business (C-3)
District.
2. Recreational establishments, commercial outdoor to be limited to outdoor
entertainment for community events such as performances, concerts, theatres,
amphitheatres, and other community events.
3. Accessory uses permitted in the C-3 Zoning District, except as restricted
herein.
IV. Tract K - Mixed Use Area.
(A) Uses. Uses permitted shall be limited to:
1. Uses permitted by right or with restriction in the Community Business (C-3)
District.
2. Uses permitted by right or with restriction in the Residential Multi-family
(RMF) District.
3. Accessory uses permitted in the R-MF and C-3 Zoning Districts, except as
restricted herein.
4. Recreational establishments, commercial outdoor to be limited to outdoor
entertainment for community events such as performances, concerts, theatres,
amphitheatres, and other community events.
5. Mixed-Use Buildings, as defined as multi-story buildings that accommodate a
combination of commercial and/or office and/or residential uses within the same
structure. This does not preclude single-use buildings.
(B) Requirements for Residential Use. Development of Residential Multi-Family uses
shall conform to requirements of Sections I and II above, in the accompanying proffers
and as follows:
1. There shall be no minimum parcel size or maximum density per acre.
2. There shall be no more than sixteen (16) dwelling units per floor.
3. A maximum of two (2) buildings shall be permitted to have all residential uses
4
This page is blank.
on the first story. All other buildings shall be permitted to have residential uses
on the first floor up to twenty-five percent (25%) of the gross square footage of
the first floor.
4. There shall be no residential unit within 200 feet of property within the
Meadowville Technology Park.
5. A maximum of three (3) stories in any given building may be used for
residential use.
Applicant/ Agent
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