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Findings - PZ - 1996 - PP and Floodplain development approval - Pp/Floodplain Approval For Channel Cntr Subdivision BEFORE THE EAGLE CITY PLANNING AND ZONING COMMISSION ) ) ) ) ) ) ) FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION ON THE APPLICATION OF DENNIS M. BAKER FOR PRELIMINARY PLAT AND FLOOD PLAIN APPROV AL FOR CHANNEL CENTER SUBDIVISION The above entitled preliminary plat and flood plain development applications having come on for consideration before the Eagle City Planning & Zoning Commission on November 6, 1995, November 20, 1995, and January 22, 1996, and the Eagle City Planning and Zoning Commission having heard and taken oral and written testimony, and having duly considered the matter, makes the following Findings of Fact and Conclusions of Law: FINDINGS OF FACT 1. Applications for preliminary plat and flood plain development approvals from the Applicant were received by the City of Eagle on September 29, 1995, which applications were found to be complete and accepted by the City. 2. Notice of Public Hearing on the applications was published in accordance with the requirements of Title 67, Chapter 65, Idaho Code, and the Eagle City Ordinances on October 18, 1995. Notice of the public hearing was mailed to owners of property within 300 feet of the subject property in accordance with the requirements of Title 67, Chapter 65, Idaho Code and Eagle City Ordinances on October 12, 1995. Requests for agency reviews were transmitted on October 12, 1995, in accordance with the requirements of the Eagle City Ordinance. FINDINGS OF FACT AND CONCLUSIONS OF LAW, Page 1 01l31/96-jkr I , " 3. A public hearing on the application was scheduled for November 6, 1995, before the Eagle City Planning and Zoning Commission, and was continued to November 20, 1995, in order to permit the members of the Commission to further review the materials submitted in support of the application. The scheduled public hearing was reopened on November 20, 1995, testimony taken, and continued until January 22, 1996, for the purpose of further considering the issues raised by the application. The scheduled public hearing was reopened on January 22, 1996, and, after further testimony was heard, the public hearing was closed. 4. The property which is the subject of the application is located in the northeast quarter of Section 17, Township 4 North, Range 1 East, B.M., City of Eagle, Ada County, Idaho, and is more particularly located on the north side of the north channel of the Boise River along the west side of Eagle Road approximately one-half mile south of the intersection of Eagle Road and State Street in Eagle, Idaho, The property is the site of a previously existing meat packing facility and consists of 15.8 acres. 5. The owner of the property at the time of the application was Dennis M. Baker and Jean S. Baker, husband and wife, whose address is 250 South Beechwood, Boise, Idaho 83709. 6. The applicant proposes a ten (10) lot mixed use commercial subdivision which is expected to consist primarily of retail, office, and perhaps multi-family residential uses. 7. The property is presently zoned C-l,--Neighborhood Business District. All proposed uses are either allowed uses or allowed as conditional uses in the C-l zone. Each individual lot, depending upon the use to which it is put shall be subject to further approval processes under the conditional use, design review, and landscaping requirements of the city's ordinances. FINDINGS OF FACT AND CONCLUSIONS OF LAW, Page 2 Olf31/96-jkr '\ 8. The subject property is bounded on the north by the Idaho Transportation Department proposed Alternate Highway 44 route and residential uses beyond; on the south by the Boise River and agricultural uses developing into residential uses beyond; on the east by Eagle Road and agricultural uses developing into residential uses beyond; and on the west by the Boise River and lands being placed into a mitigation bank by the Idaho Transportation Department in connection with the construction of the proposed Highway 44 Alternate Route. 9. The design of the proposed subdivision includes the following features, amenities and facilities: a. A 25 foot greenbelt easement along the north bank of the Boise River, which greenbelt easement will be improved with a greenbelt path to be constructed by the developer and tie into an internal pathway system consisting of 10 and 15 foot pedestrian easements, also to be constructed by the developer and coordinated with the pathway system proposed by the Idaho Transportation Department in connection with the Highway 44 Alternate Route project. The greenbelt and pathway system will be maintained by a property owners association, and public access thereto maintained in perpetuity. b. All utilities will be stubbed to each lot by the developer. The project will be served by a central water system provided either by the developer on site or by connection to a public water system. Central sewer services will be provided to the subject property by the Eagle Sewer District via an existing mainline located on the property. c. The project will be accessed only from Eagle Road by two access points, the location and design of which have been approved by the Ada County Highway District and the Idaho Transportation Department. FINDINGS OF FACT AND CONCLUSIONS OF LAW, Page 3 0113 1 196-jkr d, The internal streetway system is proposed to be provided by privately owned streets to be approved in accordance with the requirements of a private road ordinance presently under consideration by the City or, if no private road ordinance is enacted prior to final plat approval, then interior access streets will be constructed in accordance with standards of the Ada County Highway District and dedicated to the Ada County Highway District. e. Setbacks are as follows: River Parking lot - from high waterline Building - from high waterline 35' 50' Eagle Road and Bypass Parking lot Building 25' 40' Private Interior Street Building - from street right-of-way Parking lot - from street right-of-way Parking lot - from pedestrian way 15' 5' 5' Interior Lot Line Building Parking lot 15' 5' f. All drainage will be retained on the owner's property and, to the extent necessary, the existing irrigation drain across the northerly portion of the project property will be modified to include retention facilities. g. All building pads are to be elevated above the 100 year flood plain elevation. 10. Among other materials submitted by the applicant in support of the application are the following: a. A proposed preliminary plat date stamped October 12, 1995. FINDINGS OF FACT AND CONCLUSIONS OF LAW, Page 4 Ol/31196-jkr b. An environmental assessment prepared by Resource Systems, Inc., which assessment contains the following information: 1. There are no wetlands located on the property under the jurisdiction of the United States; 2. The riparian vegetation along the Boise River will be preserved within a setback; . 3. Proposed landscaping with species desirable for both wildlife and aesthetics will improve the overall vegetative composition and diversity of the property; 4. The wildlife values of the property are primarily tied to the Boise River and its riparian vegetation; 5. Because there does not exist very valuable wildlife habitat on the property, except in the riparian zone (which will be preserved), negative impacts related to the proposal will be minimal; 6. No significant adverse impacts to the Bald Eagle which may use the Boise River in this area are anticipated; 7. There are no recorded prehistoric or historic sites on the project property; 8. The overall impact to visual aesthetics should be minimal due to the protection of the riparian corridor along the Boise River and the landscaping proposed by the applicant; 9. No adverse impacts to water quality are anticipated in light of the preservation of the riparian area and construction of storm water drainage facilities meeting present design criteria. c. Letter dated October 24, 1995, from Karl Gebhardt, P.E., P.H., Hydrologist/Environmental Engineer indicating the following: 1. Although the property falls within the 100 year flood plain as defined by the Federal Emergency Management Agency (FEMA) in their 1991 revision, the northern limit of the floodway would have to be the dike located adjacent to the north bank of the Boise River; 2. Plans to fill the flood plain will have little impact on the elevation of the 100 year flood plain and will be well within FEMA limitations; FINDINGS OF FACT AND CONCLUSIONS OF LAW, Page 5 01f31/96-jkr 3. The likely circumstances in the event of a 100 year flood are that the property would not likely be flooded but that under very unusual conditions, if the property were flooded, it would begin to flood from downstream to upstream, since the property provides no significant conduit, and the water would be moving very slowly, if at all. d. A limited Phase II Environmental Assessment prepared by Chen Northern, Inc. finding that although past meat packing operations apparently have affected ground water quality, current regulatory agency requirements do not mandate cleanup. 11. Comments from other public agencies may be summarized as follows:: a. Idaho Transportation Department: The Idaho Transportation Department has been working with Mr. Baker on the access to this development and has no objection to the application; b. Idaho Power: Idaho Power requires a permanent 10 foot wide public utilities easement along all lots adjacent to a road right of way dedicated to public or private use; c. Eagle Fire Protection District: Access roads, fire flow requirements, and spacing between hydrants are to be in accordance with the provisions of the 1991 edition of the Uniform Fire Code. The access roads shown on the preliminary plans meet the Eagle Fire Department's needs and has its support. d. Central District Health: After written approval from the appropriate entities is submitted, it can approve the proposal for central sewer and central water. e. Eagle Sewer District: The project is within Eagle Sewer District's planning area and is annexed into the district's boundaries. There is a sewer line in the area with capacity to serve the project. The District's capacity is limited, and sewer service remains on a first-come, first-served basis. FINDINGS OF FACT AND CONCLUSIONS OF LAW, Page 6 01l31/96-jkr " f. Department of Water Resources: An application has been submitted to Water Resources to alter a stream channel for the purpose of replacing material eroded away in the spring of 1995. g. State Division of Environmental Quality: Recommends that the project be served by an existing water supply and notes that plans and specifications for the central sewer must be reviewed and approved prior to construction. h. Drainage District No.2: The project has no impact upon the District's drainage system. 1. Ada County Highway District: Eagle Road is under the jurisdiction of the Idaho Transportation Department which has approved the locations and designs of the accesses onto Eagle Road. The applicant is proposing private roads within the subdivision. If the internal streets are to be dedicated, they must meet District standards. J. United States Department of Interior, Fish and Wildlife Service: The Endangered Species Act requires federal agencies to assure that their actions are not likely to jeopardize the continued existence of endangered or threatened species. k. Department of Fish and Game: The riparian forest and wetlands associated with the Boise River are critical wildlife habitat. A concerted effort should be made to protect the riparian forest and wetlands from development encroachment. 12. The subdivision application is subject to the requirements of Title 9 of the Eagle City Code, the purpose of which is stated at Section 9-1-3 as to promote the public health, safety and general welfare, and to provide for: the harmonious development of the city and its area of impact; the coordination of streets and roads within a subdivision with other existing or planned streets and roads; adequate open space for travel, light, air, and recreation; adequate FINDINGS OF FACT AND CONCLUSIONS OF LAW, Page 7 01l31196-jkr r- transportation, water drainage and sanitary facilities; the avoidance of scattered subdivision of land which would result in either the lack of water supply, sewer service, drainage, transportation or other public services or the unnecessary imposition of an excessive expenditure of public funds for the supply of such services. 13. The proposed subdivision would promote the harmonious development of the city in that the subdivision contemplates a commercial use on land zoned for commercial uses and designated on the Comprehensive Plan Land Use Map as for commercial purposes; that the streets and roads within the subdivision are adequately coordinated with other roads given that the property is bounded on two sides by major highways, on one side by the Boise River, and on the other side by land which is not to be developed; that the proposed greenbelt, pathway systems, other open areas, and roadway system provide adequate open space for travel, light, air and recreation; that adequate transportation, water drainage and sanitary facilities exist to service the project; that the subdivision will not result in either the lack of water supply, sewer service, drainage, transportation or other public services or the necessary imposition of an excessive expenditure of public funds for the supply of such services. 14. Section 9-2-3:D3 of the Eagle City Code requires the Commission in considering subdivision applications to consider the above stated objectives and the following: 1. The conformance of the subdivision with the Comprehensive Plan; 2. The availability of public services to accommodate the proposed development; 3. The continuity of the proposed development with the capital improvement program; 4. The public financial capability of supporting services for the proposed development; and FINDINGS OF FACT AND CONCLUSIONS OF LAW, Page 8 01/31/96-jkr 5. The other health, safety, and environmental problems that may be brought to the Commission's attention. 15. In accordance with Section 9-2-3:D3, the Commission finds that the proposed subdivision conforms with the provisions of the Comprehensive Plan, as more fully addressed below; that there are adequate public services, such as sewer, water, police, fire, and transportation to accommodate the proposed development, as evidenced by the information received from interested public agencies as summarized above; that the proposed development is in conformance with the capital improvement plan in that it is located adjacent to major existing planned transportation routes, existing sewer lines, and can be served by either central or community water systems, as evidenced by the information received from interested public agencies as summarized above; that there is no evidence that the affected public agencies do not have the financial capability of serving the development; that the potential flood hazards, and impacts on wildlife habitats, water quality, and other environmental issues are provided for by the maintenance of the riparian vegetation in the greenbelt area and the filling of the land so as to remove the building pads from the 100 year flood plain. 16. The design standards contained in Chapter 3, Title 9, Eagle City Code, are applicable to the subdivision except to the extent that the city adopts the proposed ordinance permitting private streets, in which case the streets located within the subdivision are required to conform to the provisions of that ordinance. 17. The private streets as proposed for the interior of the subdivision meet the requirements of the proposed private street ordinance and the proposed pedestrian walkways, blocks, lots, easements, and planting strips all meet the standards set forth in §§ 9-3-3, 9-3-4, 9-3-5, 8-2-4, 9-3-6, and 9-3-7 of the Eagle City Code. FINDINGS OF FACT AND CONCLUSIONS OF LAW, Page 9 01l31196-jkr 18. The provisions of Chapter 4, Title 9 of the Eagle City Code are applicable to the proposed subdivision and, if the conditions of approval attached hereto are complied with prior to final platting, the proposed subdivision will contain the improvements required by Chapter 4, Title 9, Eagle City Code. 19. The provisions of § 9-5-7 regarding subdivisions within a flood plain and § 9-5-8 regarding subdivisions within an area of critical concern are applicable to the proposed subdivision. 20. The proposed subdivision, as more fully explained below, complies with all applicable provisions of the flood plain regulations of the city. 21. The developer has submitted an environmental assessment in compliance with § 9-5-8, Eagle City Code, addressing the existing environment (including vegetation, wildlife, cultural resources, visual resources, and water resources/water quality) and the impacts of the proposed action on vegetation, wildlife, cultural resources, visual resources, and water resources/water quality, the findings of which, as summarized above, lead the Commission to find that the proposed subdivision will not create a material adverse impact on the environment and will, in some respects, cause a beneficial impact. 22. The provisions of Title 10, Chapter 1, relating to flood control regulations, and more specifically § 10-1-8-4 thereof are applicable to the subdivision for the reason that it is located in the 100 year flood plain of the Boise River as defined in § 10-1-5, Eagle City Code. 23. Although the Commission does not have jurisdiction to issue permits under the provisions of Title 10, Eagle City Code, since such permits are to be issued by the Zoning Administrator subject to appeal to the City Council, the Commission finds that the proposed subdivision meets the requirements of the said Title 10 for the reason that no development is FINDINGS OF FACT AND CONCLUSIONS OF LAW, Page 10 Ol/31f96-jkr proposed in the floodway, that the proposed building pads are to be elevated so as to be above the 100 year flood plain as contemplated by the provisions of § 10-1-8-5, Eagle City Code, that the analysis of the impact on the flood plain prepared by Mr. Karl Gebhardt, summarized above, indicates that plans to fill the flood plain will have little impact on the elevation of the 100 year flood and will be well within FEMA limitations, and that the subject property is not likely to be flooded even in the event of a 100 year flood. 24. The Eagle City Comprehensive Plan adopted by the Eagle City Council on May 11, 1993, is applicable to the proposed subdivision. The following provisions are specifically applicable to, and complied with by, the proposed subdivision: a. Policy No.2 under the Hazard Areas portion of the Comprehensive Plan providing that whenever possible the existing natural flood plain of the Boise River should remain in a natural state as a greenbelt, wildlife habitat, open space and recreation-nature area. Although this policy is to be implemented by the adoption of a River and Stream System Management Ordinance and no such ordinance has been adopted, the preservation of the riparian area adjacent to the Boise River and the maintenance of a greenbelt area in that location, as proposed in this subdivision, meets the requirements of the stated policy. b. Policies 3 and 6 under the Parks, Recreation, and Open Spaces portion of the plan providing for the development of a bike path system and for the perpetual public enjoyment of the natural river frontage. The pathway system and greenbelt area as proposed in this subdivision complies with those policies. c. Policies 3, 4, 5, 7, and 8 under the Special Areas or Sites portion of the plan providing for the protection and preservation of natural waterways, the preservation of existing trees, the protection of habitat areas for fish and wildlife, the conservation of desirable FINDINGS OF FACT AND CONCLUSIONS OF LAW, Page 11 01l31/96-jkr fish and wildlife species and habitats along the Boise River, and the requirement of developers to prepare and submit an environmental assessment and Policy No.1 under the Natural Resources portion of the Comprehensive Plan providing for the preservation of fish, wildlife, open space, and recreation nature areas in the flood plain of the Boise River. Although these policies are intended to be implemented by a stream management ordinance and no such ordinance has been adopted, the protection of the riparian zone along the Boise River, the maintenance of a greenbelt in that area and the submission of the above described environmental assessment complies with the above described policies. d. Policies 5, 9, 18, and the provisions with respect to pathways under the Transportation portion of the Comprehensive Plan, providing that new developments provide for pedestrian and bicycle circulation in accordance with adopted plans, for the evaluation of access limitations on Alternate Route 44, the installation of berms and landscaping between developments and roadway, and the requirements for pathways. The provision of a pathway in the greenbelt area and throughout the subdivision complies with the pathway requirements contained in the Transportation portion of the Comprehensive Plan and the lack of direct access onto Alternate Highway 44 meets the requirement of access limitations on that highway. e. Policies 3 and 7 under the Community Design portion of the Comprehensive Plan providing for the designation of commercial zones and the design review of developments in those zones, in conformance with city ordinances. The proposed subdivision complies with the Community Design portions of the Comprehensive Plan for the reason that the subject property is zoned for commercial uses and will be subject to design review provisions under the city ordinances. FINDINGS OF FACT AND CONCLUSIONS OF LAW, Page 12 01 13 1I96-jkr f. Policies 5,6, 13, and 14 under the Land Use portion of the Comprehensive Plan providing for the promotion of commercial service and retail development along the Highway 44 Alternate Route, the discouraging of strip commercial development, the promotion of development of businesses and professional services within the city, in a manner that is commensurate with the needs of the community residents, and to require commercial development within the city to satisfy community design standards. The location of the proposed subdivision along Alternate Route 44, the provision of a mix of commercial, retail, and office uses as proposed for the subdivision, and the requirement that any such uses be subject to design review standards comply with the policies under the Land Use portion of the Comprehensive Plan. g. Policies 1 and 2 under the Economic Development portion of the Comprehensive Plan seeking to provide adequate commercial services and attracting additional business into the city. The proposed new commercial, retail, and service establishments in the proposed subdivision meets the policies of the Economic Development portion of the Comprehensive Plan. CONCLUSIONS OF LAW 1. The Subdivision and Flood Plain Development Permit Applications, submitted by the Applicant on September 29, 1995, are complete and, in accordance with the requirements of the ordinances of the City of Eagle. 2. All requirements for providing notice of the application and the public hearing thereon, including notice by publication, notice by mailing, and notice to other agencies as set forth in Title 67, Chapter 65, Idaho Code, and the ordinances of the City of Eagle have been complied with. FINDINGS OF FACT AND CONCLUSIONS OF LAW, Page 13 O1l31196-þ 3. All requirements for the conduct of public hearings as set forth in Title 67, Chapter 65, Idaho Code, and the ordinances of the City of Eagle have been complied with. 4. The City of Eagle has authority to approve subdivision and flood plain development permit applications pursuant to Title 67, Chapter 65, Idaho Code, and Titles 9 and 10, Eagle City Code. 5. The Planning and Zoning Commission has judged the subdivision and flood plain development applications under Title 67, Chapter 65, Idaho Code, Titles 9 and 10, Eagle City Code, the Eagle Comprehensive Plan adopted May 11, 1993, the written materials submitted to it in support and in connection with the applications, and the testimony given at the public hearings. 6. The development proposed by the applications is in accordance with the pertinent provisions of the Eagle City Comprehensive Plan in the following material particulars: a. The land use map designates the subject property as being appropriate for commercial development and the application seeks approval for commercial development; b. Although the hazard areas, special areas or sites, and natural resources portions of the Comprehensive Plan are intended to be implemented by adoption of a stream system management ordinance, and no such ordinance has yet been adopted, the preservation of the riparian areas along the Boise River and the establishment of a greenbelt area therein comply with the requirements for the preservation and protection of the river, and the wildlife and wildlife habitat associated with it. c. The provision of a greenbelt pathway system along the Boise River and throughout the proposed subdivision is in compliance with the provisions of the Parks, FINDINGS OF FACT AND CONCLUSIONS OF LAW, Page 14 O1l31/96-jkr Recreation and Open Spaces portion of the Comprehensive Plan, which seeks to set aside for perpetual public enjoyment an adequate amount of open space such as natural river frontage. d. The combination of the proposed roadways within the subdivision and those which would serve as access routes to the proposed subdivision and the provision for pathways through and around the subdivision as depicted on the proposed plat are all in compliance with the Transportation portion of the Comprehensive Plan which seeks to require new developments to provide for pedestrian and bicycle circulation in accordance with adopted pathway plans, and to provide for sufficient road infrastructure in and around proposed developments. e. The provisions for review of the design of the uses to be developed in the proposed subdivision meet the requirements of the Community Design portion of the Comprehensive Plan. f. The proposed subdivision, being designed for commercial uses, meets the requirements of the Economic Development portion of the Comprehensive Plan in that it will provide residents with commercial services and facilities and attract additional business and industry into the city of Eagle. 7. The proposed subdivision, if developed in accordance with the conditions of approval attached hereto, is in compliance with the provisions of Title 9, Eagle City Code, in the following particulars: a. The subdivision will further the harmonious development of the city; b, The streets and roads within the subdivision are appropriately coordinated with other existing or planned streets and roads; FINDINGS OF FACT AND CONCLUSIONS OF LAW, Page 15 Ol/31/96.jkr -- c. The subdivision provides adequate open space for travel, light, air and recreation; d. The subdivision provides adequate transportation, water drainage and sanitary facilities; e. The subdivision will not result in the lack of water supply, sewer service, drainage, transportation or other public services or the unnecessary imposition of an excessive expenditure of public funds for the supply of such services; and f. The development proposal properly addresses the manner in which roads are to be created, improved and maintained, and water and sewer and other utilities are to be installed . 8. The proposed subdivision development, if constructed in accordance with the conditions of approval attached hereto, is in further compliance with the provisions of Title 9, Eagle City Code, in the following additional particulars: a. All public services, including but not limited to sewer, water, transportation, and police and fire protection are available to accommodate the proposed subdivision; b, The proposed subdivision is compatible with the capital improvements plan for necessary public services and utilities, including but not limited to water, sewer, and transportation; c. The city and other public agencies are financially capable of supporting the necessary services for the proposed subdivision; and d. The subdivision, as designed, satisfies all health, safety, and environmental concerns associated with developing in the flood plain area adjacent to the Boise River. FINDINGS OF FACT AND CONCLUSIONS OF LAW, Page 16 O1/31/96-jkr 9. The private streets as proposed by the applicant for the interior of the subdivision comply with the provisions of the proposed ordinance amendment which, if approved, will permit private roads in the city of Eagle, in the following particulars: a. Unique or special circumstances exist such that the proposed private streets will serve to enhance the overall development in that the proposed design of the street and the pedestrian pathways adjacent thereto is aesthetically superior to the public street requirements; b. The proposed private streets provide for the safe and effective movement of both vehicular and pedestrian traffic; c. The proposed private streets provide adequate access for service and emergency vehicles; and d. The proposed private streets do not adversely affect access or good transportation planning to adjacent property and to the area travel network for the reason that the proposed subdivision site may not be accessed from any location other than Eagle Road; e. The proposed private streets do not landlock adjacent property; f. The proposed private streets do not connect one public street to another; and g. The use or alignment of the proposed private streets do not interfere with the continuity of public streets. 10. Although this Commission has no jurisdiction in connection with the flood plain development permit application, the approval of such application being the duty of the Zoning Administrator, subject to the appeal thereof to the City Council, the Commission concludes that the subdivision, as designed, complies with the requirements of Title 10, Eagle City Code, in FINDINGS OF FACT AND CONCLUSIONS OF LAW, Page 17 Ol/31/96-jkr that the applicant intends to fill the subject property so that all structures shall be elevated above the base flood elevation and in the following additional particulars: a. flood damage; b. flood damage; c. d. 11. That the design of the subdivision is consistent with the need to minimize The public utilities are to be located and constructed so as to minimize Adequate drainage is provided to reduce exposure to flood damage; and The applicant has provided base flood elevation data to the City. The approval of the subdivision and flood plain applications, subject to the conditions of approval attached hereto, is in the best interests of the City of Eagle. DECISION The Planning and Zoning Commission of the City of Eagle hereby recommends to the City Council of the City of Eagle that the subdivision and flood plain development permit applications for the Channel Center Subdivision be approved, subject to the conditions of approval attached hereto. (j)~-ß~ FINDINGS OF FACT AND CONCLUSIONS OF LAW, Page 18 O1/31/96-jkr Farri1!~ ~ Absent Colleen Maile , , -" , , ~{.r Barbara Montgomery"" City of Eagle ~ ó" " ,", ""->".:i', ..' FINDINGS OF FACT AND CONCLUSIONS OF LAW, Page 19 O1l31/96-jkr