Findings - CC - 1994 - Preliminary Plat Echohawk Estates - Preliminary Plat For Echohawk Estates
CITY OF EAGLE
IN THE MATTER OF
AN APPLICATION FOR
ECHOHAWK ESTATES
SUBDIVISION
AN APPLICATION FOR
A PRELIMINARY PLAT
BY B. J. LAND CO. dba
JOHN FULTON & R. HOAG
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FINDINGS OF FACTS
AND
CONCLUSIONS OF LAW
On April 26, May 10, 1994, and May 24, 1994, Pursuant to public
notice and hearing procedures set forth in Section 67-6509, Idaho
State Code, Ted Hutchinson, Project Engineer acting on the behalf
of the applicants, John Fulton and Robert Hoag, came before the
Eagle City Council, for the City of Eagle, IJaho, requesting
approval for a subdivision preliminary plat.
This subdivision is located on the S side of Floating Feather Rd,
approx 1800 ft. west of the intersection of Floating Feather Rd and
the present SH 55. Echo/Trail Creek Subdivision lies N of this
parcel.
The subdivision consists of 35.16 acres, zoned R5. The proposal is
for 109 single family dwelling lots and 3 common lots (2
landscaping, 1 future right of way). Density 3.10. Intersected by
Farmers Union Canal. The proposed re-Iocation of SH 55 will form
the E boundary. w/ be developed in 3 phases. Phase 1 - 39 lots,
Phase 2 - 35 lots and Phase 3 - 38 acres.
FINDINGS OF FACT AND CONCLUSIONS OF LAW:
Based on testimony from the applicant and all interested parties,
together with all documentary evidence submitted concerning the
application, the Eagle City Council finds the following:
1.
On February 28 and March 21, 1994, a public hearing was
conducted by the Eagle Planning and Zoning Commission.
Favorable testimony was presented by neighborhood property
owners. The Commission denied the application as presented
based on the project not being consistent with the intent and
purpose of the Eagle Comprehensive Plan and City Codes.
Further, does not provide harmonious development and creates
undue concentration and overpopulation of the land.
2.
The staff submitted a report which included a recommendation
that there be no future variance applications allowed on
setbacks in this subdivision. The narrative speaks to a
landscaped entryway incorporated into the plan; however, there
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is no dedicated common lot or easement to provide an adequate
landscape design. There are only 2 small common lots, but no
parks or pathways. This development is not in the certified
area designated to Eagle Water Co. This should require a
franchise agreement.
3.
On April 26, 1994, the Eagle City Council held a public
hearing on the Echohawk Subdivision project. Ted Hutchinson
and Pat Tealey, Tealey's Land Surveying, presented the project
to the City Council. After deliberation the Council concluded
the project should be denied based on the following: this
subdivision is too marginal, there is no adequate barrier,
there is an absence of a pressurized irrigation system, it
violates the nature of open spaces, there are no amenities.
4.
On May 10, 1994 John Fulton, (B. J . Land Co.) and Steve
Bradbury, project Attorney, came before the Eagle City Council
to request reconsideration. The project was outlined for the
Council. The Council moved to reconsider the action taken on
April 26, 1994 on the Echohawk Subdivision proposal and
approved the subdivision plat originally presented on April
26, 1994 with the modifications presented tonight and the
following conditions:
. The subdivision include a pressurized irrigation system
. The City of Eagle Standard Subdivision Conditions of Approval
requirements
. The subdivision be included in an authorized water franchised
area
5.
On May 24, 1994 the Council was approached by Dick Critzer,
ITD proj ect representative, regarding the noise level and
drainage problems in this particular subdivision. The Council
reconsidered the subdivision conditions of approval and
modified the original approval to include that the developer
needs to conform with the recommendations of State of Idaho
Transportation Dept. guidelines concerning drainage solutions
and noise barriers.
6.
The records in this matter indicate all notices, and
publications have occurred as required by law. The records
further reflect notice of the public hearing was sent to the
appropriate public and private entities with responses to the
proposal being received in the City Clerk's office from those
entities. Those responses are as follows:
ITD: Reviewed the preliminary plat and traffic study and do not
foresee an adverse impact to the State highway system that has not
been planned for. Access will not be allowed onto the proposed SH-
55, but would urge the developer to consider a noise barrier,
(berm, fence, etc) along the E. boundary.
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EAGLE CITY ENGINEER:
Submitted the following comments:
1. Goosehawk Dr. should be extended to the W boundary to allow
continuation when the adjacent property is developed.
2. Without open areas, how will the storm drainage be handled?
3. There is no franchise granted to Eagle Water Co. at this
location.
4. The developer should verify that sufficient fire flows can be
obtained at the south end of the subdivision.
5. All cu de sacs are less than 700 ft. long.
6. No plans for screening on the E boundary where the new SH 55
aligns with this subdivision.
7. There is at least one lot that has only 31 ft of buildable
space, from front of lot to back when you account for the setbacks.
CENTRAL DISTRICT HEALTH: After written approval from appropriate
entities are submitted this can be approved for central sewage and
water. Stormwater disposal methods shall be reviewed by IDWR.
Documentation shall demonstrate that the waters of the State will
not be degraded and impact public health.
EAGLE FIRE DEPT:
1. Install address numbers on every building, house or apartment,
so as to be clearly visible from the street. Numbers shall be a
minimum of 3.50" high in accordance with Fire codes.
2. Fire apparatus access roads shall comply with Art. 10-Div 11,
1991 UFC, this section covers width and turn-arounds.
3. Fire Flow requirements for buildings: The minimum fire-flow and
flow duration requirements for one and two family dwellings having
a fire area which does not exceed 3,600 sq st shall be 1,000 gal
per minute. Fire flow and flow duration for dwellings having a
fire area in excess of 3,600 sq. ft shall not be less than that
specified in Table No. A-111-A-1. A reduction in required fire
flow of 50%, as approved by the chief, is allowed when the building
is provided with an approved automatic sprinkler system.
Recommendations on subdivisions with lesser density (2 acres or
more per house) may be
a. ponds and frost free draft hydrants,
b. underground storage tanks fed by larger home domestic wells
c. fire truck connectors on irrigation systems.
The fire-flow for buildings other than one and two family dwellings
shall be not less than that specified in Table No. A-111-A-1, 1991
UFC.
4. The average spacing between hydrants shall not exceed that
listed on table A-111-B-1-, 1991 UFC
EAGLE WATER CO: can serve this project.
EAGLE SEWER DIST:
This development is in the District Planning
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area but not
developer.
annexed.
They have not been contacted by
the
MERIDIAN SCHOOL DIST: This development may be in the Boise School
District. Meridian School District boundary runs Nand S. They
need to know if this development is on the W side of the center
line. (The Engineer was contacted to define the school district)
BOISE SCHOOL DIST: New students from this subdivision may be bused
to a school with room. The District has identified future
elementary and junior high sites in the area but will need help to
pass a bond to build new schools to handle the growth in this area.
ACHD: This project is of sufficient size and/or is expected to
generate traffic impacts such that the District requests deferral
of the public hearing until a required traffic study has been
approved by the District. ( The Engineer was contacted regarding
the required traffic study)
The standards used in evaluating the application are in the
following sections of the Eagle City Code and Comprehensive Plan.
Comprehensive Plan:
Purpose and Scope: (a) to protect property rights and enhance
property values, (f) to encourage urban and urban-type
development within the incorporated City limits of Eagle (g)
to avoid undue concentration of population overcrowding of
land, (h) to ensure the development of land is commensurate
with the physical characteristics of the land.
Parks, Recreation and Open Space: 1. Create ample areas and
facilities for our citizen's diverse indoor and outdoor park
and recreational interest, 2. to encourage development of
parks and recreational programs which meet the different
needs, interest, and age levels of our citizens who reside in
both the rural and urban areas, 3 Set aside for enjoyment
adequate amounts of open space --- 4. Developers shall be
encouraged to dedicate and develop areas for parks or tot lots
in new residential developments.
Transportation: Transportation and land use planning must be
compatible. The City of Eagle is responsible for land use and
transportation planning within the Eagle Impact Area. The
Eagle Planning and Zoning Commission shall coordinate with the
appropriate transportation network planning agency for all
planned development that falls outside the authority of the
City.
Housing: 1. A wide diversity of housing types and choice
between ownership and rental dwelling units shall be
encouraged for all income groups in a variety of locations
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suitable for residential development. 2. The location of all
housing shall be coordinated with provisions for adequate
public facilities and services. 3. Developments of housing for
all income groups close to employment and shopping centers
shall be encouraged, 4. Housing shall be encouraged which is
in accordance with local building codes and provides for
energy saving design,S. An open housing market shall be
encouraged for all persons regardless of income, race, age,
sex, religion or ethnic background, 6. The use of materials
and techniques that will maintain a high level of quality
while lowering cost and speeding construction shall be
encouraged.
Land Use: Policies and Goals (1) The residential densities in
the City limits shall not exceed twenty-five (25) units per
acre.
The Comprehensive Plan is a policy document intended to be used as
a guide. It should be followed as closely, as reason, justice and
its own general character make it practical and possible. The
Comprehensive Plan is not a precise plan and does not show nor
intend to show the exact outline of use districts. It shows,
rather, the general location, character and extent of land use
patterns.
Title 9-SUBDIVISIONS
The standards used in evaluating the application are in the
following sections of the Eagle City Code and Comprehensive
Plan.
With respect to the review of the preliminary plat:
Title 9-Land Subdivisions:
9-1-3:
PURPOSE:
The purpose of these regulations is to promote the public health,
safety and general welfare, and to provide for:
A. The harmonious development of the City and its area of impact;
B. The coordination of streets and roads within a subdivision with
other existing or planned streets and roads;
C. Adequate open space for travel, light air and recreation;
D. Adequate transportation, water drainage and sanitary facilities;
E. The avoidance of the scattered subdivision of land that would
result in either of the following:
1. The lack of water supply sewer service. drainage.
transportation or other public services: or
2. The unnecessary imposition of an excessive expenditure of
public funds for the supply of such services: or
F. The requirements as to the extent and the manner in which:
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1. roads shall be created, improved and maintained; and
2. water and sewer and other utility mains, piping connection,
or other facilities shall be installed
G. The manner and form of making and filing of any plats; and
H. The administration of these regulations by defining the powers
and duties of approving authorities.
9-2-3:
Preliminary Plat Procedures
9-2-4:
Final Plat Procedures
9-3-1:
Design standards
A. Street location and arrangements: When an official
street plan or comprehensive development plan has been
adopted, subdivision streets shall conform to such plans
B. Minor Streets: Minor streets shall be so arranged as
to discourage their use by through traffic
C. Stub Streets: Where adjoining areas are not
subdivided the arrangement of streets in the new
subdivisions shall be such that said streets extend to
the boundary line of the tract to make provisions for the
future extension of said streets into adjacent areas, and
shall have a cul-de-sac or temporary cul-de-sac.
D. Relation to Topography: Streets shall be arranged in
proper relation to topography so as to result in usable
lots, - - --
E. Alleys:---
F. Frontage Roads:---
G. Cul-De-Sac Streets: shall not be more than 500 ft. in
length and shall terminate with an adequate turnaround
having a minimum radius of SO ft for right of way
H. Half Streets:---
I. Private Streets: shall be prohibited---
J. Driveways: Providing access to no more than 2
dwelling units shall be allowed.
9-3-7:
Planting strips and reserve strips standards
a. planting strips shall be required to be placed next
to the incompatible features such as highways, railroads,
commercial or industrial uses to screen--shall be a
minimum of 20 ft wide and not part of the normal street
right of way or utility easement.
9-4-1: Required improvements,
9-4-1-2: STREETS AND ALLEYS: In accordance with the standards and
specs of ACHD
9-4-1-3:
CURBS AND GUTTERS: vertical curbs and gutters shall be
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constructed on collector and arterial streets
9-4-1-4: STREET SIGNS: Street name signs shall be installed in
the appropriate locations at each street intersection in accordance
w/ local standards.
9-4-1-5: STREET LIGHTS: All street
area of impact shall be required to
expense, street lights in accordance
standards at location designated
representative----.
subdividers w/i the City and
install, at the subdividers'
with City specifications and
by the Administrator, or
9-4-1-6: SIDEWALKS AND PEDESTRIAN WALKWAYS: Sidewalks shall be
require on both sides of the street; except, that where the average
width of lots as measured at the street frontage line or at the
building setback line, is over 100', sidewalks on only one side of
the street may be allowed.
PEDESTRIAN WALKWAYS: when required, shall have easements at least
10' in width and include a paved walk at least 5' in width.
9-4- 7: BICYCLE PATHWAYS: Shall be provided, as part of the public
right of way or separate easement as may be specified by the City
Council.
9-4-1-8:
UNDERGROUND UTILITIES:
are required
9-4-1-12:
Greenbelt Areas, landscaping screening
9-4-2-2:
Guarantee of improvements
a. Performance bond
b. Cash deposit
9-5-4-4: Control during development, time limit
CONCLUSION
The Council concludes that the application for a preliminary
subdivision plat as presented is consistent with the intent and
purpose of the Eagle Comprehensive Plan and Eagle City Codes,
including conformance with the Comprehensive Plan pursuant to Eagle
City Code Section 9-2-3.a (1). The purpose and scope of the Eagle
Comprehensive Plan specifies that new development shall occur in
such a manner as to encourage urban and urban- type development
within the incorporated City limits of Eagle that is in harmony
with the rural character of the area, and to avoid undue
concentration of population and overcrowding of land, and to ensure
that the development of land is commensurate with the physical
characteristics of the land. The Parks, Recreation and Open Spaces
section of the Eagle Comprehensive Plan also establishes policies
and goals to create ample areas for outdoor activities including
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open spaces, parks, and pathways. The purpose of the Comprehensive
Plan is to promote the health, safety and general welfare of the
people of the community. This development provides for harmonious
development.
There is adequate evidence showing that this subdivision
development, at the proposed location, satisfies the general
standards for approval of a subdivision set forth in Eagle City
Code Section 9-1-3, the general subdivision provisions, including
the requirement for open space for travel, light, air and
recreation. Granting of the application will not violate the
interests and purposes of the Eagle City Code and Eagle
Comprehensive Plan. The Council finds that the amenities defined
by the Comprehensive Plan and Eagle City Codes, specifically
open/common areas and pathways are adequate in this development.
The proposed development has a pathway system, parks and common
open space, thereby will not create undue concentration and
overpopulation of the land in this development.
CONCLUSION
Based upon the foregoing FINDINGS OF FACTS AND CONCLUSIONS OF
LAW, the Eagle City Council approves the application for
Echohawk Estates Subdivision, a preliminary subdivision plat
based on the foregoing conclusions subject to the following
conditions:
CITY OF EAGLE
STANDARD CONDITIONS
FOR SUBDIVISION APPROVAL
1.
Developer and/or owner shall comply with all requirements of
Ada County Highway District including approval of the drainage
plan, requirements for installing curb, gutter, sidewalks and
paving throughout the subdivision or as specified by the Ada
County Highway District. Signature by the Ada County Highway
District on the plat is required prior to signing of the final
plat by the City Engineer. (I.C. title 50, Chapter 13.)
2.
Correct street names as approved by the Ada County Street Name
committee shall be placed on the plat prior to signing of said
plat by the City Engineer.
3.
Approval of sewer and water facilities, the Idaho Dept of
Health & Welfare and Central District Health are required. The
signature by the Ada County Central District Health Department
is required prior to signing of the final plat by the City
Engineer (I.C. Title 50, Chapter 13 and I.C. 39-118)
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A.
The developer shall comply with Eagle City code 9-4-1
pertaining to required improvements within subdivisions.
Required improvements shall include, but not be limited
to, extending all utilities to the platted property.
Complete construction plans of water and sewer systems
shall be submitted to and approved by the City Engineer
prior to signing the final plat by the City Engineer.
The developer may submit a letter in lieu of plans
explaining why plans are not necessary.
4.
The developer shall place a note on the face of the plat which
states: "Minimum building setback lines shall be in accordance
with the City of Eagle Zoning Ordinance at the time of
issuance of the building permit or as specifically approved".
All lot, parcel and tract sizes shall meet dimensional
standards established in the City of Eagle zoning ordinance or
as specifically approved.
5.
Prior to submitting the final plat for recording, the
following endorsements or certifications must be executed:
Signatures of owners or dedicators, Certificate of the
Surveyor, Certificate of the County Engineer, Certificate of
Central District Health Dept., Certificate of the City
Engineer and City Clerk and signatures of the Commissioners of
the Ada County Highway District and the Ada County Treasurer.
6.
A letter from the fire department is required stating "the
developer and/or owner has made arrangements to comply with
all requirements of the Fire Department", prior to signing of
the final plat by the City Engineer.
Eagle Fire Department shall check off and approve all fire
hydrant locations, Minimum flow per hydrant shall be 1000
gallons per minute for one and two family dwelling. Dwellings
having a fire area in excess of 3,600 sq ft shall be required
to have 1,500 gallons per minute.
Eagle Fire Department shall check off and approve the fire
protection system prior to issuance of a building permit.
7.
Compliance with Idaho Code, section 31-3805,
irrigation rights, transfer and disclosure.
concerning
A. The water rights appurtenant to the lands in said
subdivision which are within the irrigation entity will
be transferred from said lands by the owner thereof; or
B. The subdivider has provided for underground title or
other like satisfactory underground conduit to permit the
delivery of water to those landowners within the
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10.
subdivision who are also within the irrigation entity.
1. Developer may either construct prior to final
platting or bond in the amount of 110% of the
estimated construction costs.
2. Plans must be submitted to the City Engineer
showing the delivery system and approved by a
registered professional engineer prior to signing
of the final plat by the City Engineer.
8.
Developer and/or owner shall submit a letter from the
appropriate drainage entity approving the drainage system
and/or accepting said drainage; or submit a letter from a
registered professional engineer certifying that all drainage
shall be retained on-site prior to signing of the final plat
by the Eagle City Engineer. A copy of the construction
drawing(s) shall be submitted with the letter.
A. For drainage facilities not belonging to ACHD, the
developer may either construct prior to final platting or
post bond/agreement in the amount of 110% of the
estimated construction costs.
9.
Covenants, homeowner's association by-laws or other similar
deed restrictions, acceptable to the Eagle City Attorney
which provide for the use, control and mutual maintenance all
common areas, storage facilities, recreational facilities,
street lights or open spaces shall be reviewed and approved by
the Eagle City Attorney prior to signing of the final plat by
the Eagle City Engineer.
A restrictive covenant must be recorded and a note on the face
of the final plat is required, providing for mutual
maintenance and access easements.
Appropriate papers describing decision-making procedures
relating to the maintenance of structures, grounds and parking
areas shall be reviewed and approved by the Eagle City
Attorney prior to signing of the final plat by the City
Engineer.
Street light plans shall be submitted and approved as to the
location, height and wattage to the City Engineer prior to
signing of the final plat by the City Engineer. All
construction shall comply with the City's specifications and
standards. The Developer has the option of completing street
light installation prior to signing of the final plat by the
City Engineer or bonding for the estimated cost.
NOTE: All bonding shall conform to the Eagle City Code, Title
9, Chapter 4, Section 9-4-2.2, which specifies that the
improvements to be made shall be done in a time period "not to
exceed one year from the date of approval of the final plat".
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11.
12.
13.
14.
15.
16.
17.
18.
A.
Developer and/or owner shall pay street light inspection
fees on the proposed subdivision prior to signing of the
final plat by the Eagle City Engineer.
Developers and lor owner shall delineate on the face of the
final plat an Eagle City street light easement, acceptable to
the City Engineer, for the purpose of installing and
maintaining city-owned street light fixtures, conduit and
wiring lying outside the dedicated public right-of-way, prior
to signing of the final plat by the City Engineer.
The Developer and/or owner shall provide utility easements as
required by the public utility providing service prior to
signing of the final plat by the City Engineer.
The developer and/or owner shall comply with the provisions of
the Eagle City Code which specify limitation on time of
filing. A request for time extension, including the
appropriate fee, shall be submitted to the City Clerk for
processing.
The developer shall comply with the provisions of the Eagle
City Code, pertaining to floodplain (and river protection)
regulations prior to submitting the final plat for signature
by the City Engineer.***
Should the homeowner's association be responsible for the
operation and maintenance of the storm drainage facilities,
the covenants and restrictions, homeowner's association by-
laws or other similar deed restrictions acceptable to the
Eagle City Attorney shall be reviewed and approved by the
Eagle City Attorney prior to signing of the final plat by the
Eagle City Engineer.
The developer is to place a note on the face of the plat which
states: uThis subdivision is subject to the requirements of
the Uniform Building Code (UBC) as regulated by the City of
Eagle."
Wet line sewers are required and the developer shall furnish
the City Engineer with a letter from the sewer entity serving
the property, accepting the proj ect for service, prior to
signing of the final plat by the City Engineer (B.C.C. 9-20-
8.4)
No ditch, pipe or structure for irrigation water or irrigation
waste water shall be obstructed, routed, covered or changed in
any way unless such obstruction rerouting, covering or
changing has first been approved in writing by the ditch
company officer in charge. A copy of such written approval by
the ditch company officer shall be filed with the construction
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19.
20.
21.
22.
23.
24.
25.
26.
27.
28.
drawing and submitted to the City Clerk prior to signing of
the final plat by the City Engineer.
The recreation/greenbelt area along the Boise River and/or
parking therefore shall be approved by the Eagle City
Greenbelt Committee prior to approval of the final plat by the
Eagle City Council.***
The development shall comply with the Boise River Plat in
effect at the time of City Council consideration of the final
plat.****
Conservation, recreation and river access easements shall be
approved by the Greenbelt Committee and shall be shown on the
final plat.***
The developer shall obtain approval of the development
relative to the effects of the Boise River Flood Plain from
the Corps of Engineers prior to approval of the final plat by
the City Engineer.***
Approval of all well water for domestic use by the Idaho
Department of Water Resources shall be obtained prior to
signing of the plat of phase 1 by the Eagle City Engineer***.
The developer shall obtain approval of the development
relative to its effects on wetlands or other natural waterways
from the Corps of Engineers and the Idaho Department of Water
Resources and/or any other agency having jurisdiction prior to
signing of the final plat by the City Engineer.****
All homes being constructed with individual septic systems
must have the septic systems placed on the street side of the
home.****
Basements in
prohibited.******
in
plain
will
homes
the
flood
be
Developer shall comply with all requirements and restrictions
of the Eagle City Code and Eagle Comprehensive Plan, sections
regulating Special Development Subdivisions including, but not
limited to, Hillside Subdivisions, Planned Unit Developments,
Cemetery Subdivisions, Floodplain Development, Areas of
Critical Concern and special designated areas recognized to be
historic, environmental, scenic or have architectural
significance. (if applicable)
The City Parks Committee shall review and approve or reject
all landscaping applications required to be submitted for the
development of parks and landscaped areas and planting of
street trees, and shall oversee such development and planting
for the welfare of trees, shrubs and other vegetation to all
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entrances to subdivisions.
29.
A developer may either construct improvements before filing of
the final plat or to provide a financial guarantee of
performance by a performance bond in the amount of 110% of the
total estimated cost for completing construction. Financial
guarantee can also be a cash deposit, certified check,
negotiable bond or bank letter of credit.
and, the following conditions imposed by Eagle City Council:
3.
The subdivision include a pressurized irrigation system
The City of Eagle Standard Subdivision Conditions of Approval
requirements
The subdivision be included in an authorized water franchised
area
The developer needs to conform with the recommendations of
State of Idaho Transportation Dept. guidelines concerning
drainage solutions and noise barriers.
1.
2.
4.
ADOPTED by the Eagle City Council of the City of Eagle, Idaho this
~ day of June, 1994.
APPROVED:
ATTEST:
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