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Findings - CC - 2005 - CU-11-05 - Height Exception To Allow 42'-11"/Rivendell Music Academy/3415 Flint Drive ORIGINAL BEFORE THE EAGLE CITY COUNCIL IN THE MATTER OF AN APPLICATION FOR ) A CONDITIONAL USE PERMIT FOR A BUILDING ) HEIGHT EXCEPTION FOR RIVENDELL MUSIC ) ACADEMY FOR KEN AND MARY CENELL ) FINDINGS OF FACT AND CONCLUSIONS OF LAW CASE NUMBER CU-ll-05 The above-entitled conditional use permit application came before the Eagle City Council for their action on September 27, 2005. The Eagle City Council 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: A. PROJECT SUMMARY: Ken and Mary Cenell, represented by Chad Slichter with Slichter Architects, are requesting conditional use approval for a height exception to allow a 42' -II" high peak roof and 45' -5" to top of spires, for Rivendell Music Academy. The height exception (the portion of the building above 35-feet) is for the purpose of accommodating the design and pitch of the roof with spires. The 3.75-acre site is located approximately 600-feet north of State Highway 44 at 3415 West Flint Drive. A. APPLICATION SUBMITTAL: The application for this item was received by the City of Eagle on July 7,2005. B. NOTICE OF PUBLIC HEARING: Notice of Public Hearing on the application for the Eagle Planning and Zoning Commission was published in accordance for requirements of Title 67, Chapter 65, Idaho Code and the Eagle City ordinances on July 25, 2005. Notice of this public hearing was mailed to property owners within three-hundred feet (300-feet) of the subject property in accordance with the requirements of Title 67, Chapter 65, Idaho Code and Eagle City Code on July 22,2005. Requests for agencies' reviews were transmitted on July II, 2005, in accordance with the requirements of the Eagle City Code. Notice of Public Hearing on the application for the Eagle City Council was published in accordance for requirements of Title 67, Chapter 65, Idaho Code and the Eagle City ordinances on September 6, 2005. Notice of this public hearing was mailed to property owners within three-hundred feet (300-feet) of the subject property in accordance with the requirements of Title 67, Chapter 65, Idaho Code and Eagle City Code on September 7, 2005. C. HISTORY OF RELEVANT PREVIOUS ACTIONS: On September 7, 2004, the Eagle City Council approved a comprehensive plan amendment and rezone (CPA-3-03 & RZ-8-03) with a development agreement (including a concept plan) for this site. On April 12, 2005, the Eagle City Council approved a preliminary plat for Symphony Subdivision (PP-07-04) on this site. Page 1 of 11 K:\Planning Dept\Eagle Applications\CU\2005\CU-ll-05 ccf.doc D. COMPANION APPLICATIONS: None E. COMPREHENSNE PLAN LAND USE MAP AND ZONING MAP DESIGNATIONS: COMP PLAN ZONING LAND USE DESIGNATION DESIGNATION Existing Mixed Use MU-DA (Mixed Use with Single-family dwellings development agreement) Proposed No Change No Change Rivendell Music Academy North of site Transitional Residential A-R (Agricultural- Single-family dwellings & Mixed Use Residential) South of site Public/Semi-public & MU-DA (Mixed Use with State Highway 44, Camille Mixed Use development agreement) & Beckman facility, and Public/semipublic vacant State owned land East of site Transitional Residential A-R (Agricultural- Single-family dwellings Residential) West of site Transitional Residential A-R (Agricultural- Single-family dwellings Residential) F. DESIGN REVIEW OVERLAY DISTRICT: Not in the DDA, TDA, CEDA or DSDA. H. EXISTING SITE CHARACTERISTICS: There are several trees located around the existing home located on site. The City Forester and the Design Review Board will need to review the location of the existing trees as part of the Design Review process for retention and/or mitigation. 1. SITE DESIGN INFORMATION: N/A J. GENERAL SITE DESIGN FEATURES: Number and Uses of Proposed Buildings: There is to be one building to include the music academy with practice rooms, reception hall and concert hall. Height and Number of Stories of Proposed Buildings: The building is to be three stories with a height of 42-feet, II-inches to the peak of the roof and 45-feet, S-inches to the peak of the spires. Gross Floor Area of Proposed Buildings: N/A On and Off-Site Circulation: N/A K. PUBLIC SERVICES AVAILABLE: This site will be served by United Water and Eagle Sewer District (upon annexation by the District). L. PUBLIC USES PROPOSED: None Page 2 of 11 K:\Planning Dept\Eagle Applications\CU\200S\CU-ll-OS ccf.doc M. PUBLIC USES SHOWN ON FUTURE ACQUISITIONS MAP: No map currently exists N. SPECIAL ON-SITE FEATURES: Areas of Critical Environmental Concern - None Evidence of Erosion - No Fish Habitat - No Floodplain - No Mature Trees - Yes Riparian Vegetation - No Steep Slopes - No Stream/Creek - No Unique Animal Life - No Unique Plant Life - No Unstable Soils - No Wildlife Habitat - No Historical Sites - No O. SUMMARY OF REVIEW OF ENVIRONMENTAL ASSESSMENT PLAN: None Required P. AGENCY RESPONSES: The following agencies have responded and their correspondence is attached within the staff report. Chevron Pipeline Eagle Sewer District Idaho Power Company Q. LETTERS FROM THE PUBLIC: None received to date. R. EAGLE CITY CODE 8-7-3-2 GENERAL STANDARDS FOR CONDITIONAL USES: The Commission/Council shall review the particular facts and circumstances of each proposed Conditional Use in terms of the following standards and shall find adequate evidence showing that such use at the proposed location: A. Will, in fact, constitute a conditional use as established in Section 8-2-3 of this title (Eagle City Code Title 8) for the zoning district involved; B. Will be harmonious with and in accordance with the general objectives or with any specific objective of the Comprehensive Plan and/or this title (Eagle City Code Title 8); C. Will be designed, constructed, operated and maintained to be harmonious and appropriate in appearance with the existing or intended character of the general vicinity and that such use will not change the essential character of the same area; D. Will not be hazardous or disturbing to existing or future neighborhood uses; E. Will be served adequately by essential public facilities such as highways, streets, police and fire protection, drainage structures, refuse disposal, water and sewer and schools; or Page 3 of 11 K:\Planning Dept\Eagle Applications\CU\200S\CU-l1-0S ccf.doc that the persons or agencies responsible for the establishment of the proposed use shall be able to provide adequately any such services. F. Will not create excessive additional requirements at public cost for public facilities and services and will not be detrimental to the economic welfare of the community; G. Will not involve uses, activities, processes, materials, equipment and conditions of operation that will be detrimental to any persons, property or the general welfare by reason of excessive production of traffic, noise, smoke, fumes, glare or odors; H. Will have vehicular approaches to the property which are designed as not to create an interference with traffic on surrounding public thoroughfares; and 1. Will not result in the destruction, loss or damage of a natural, scenic or historic feature of major importance. STAFF ANALYSIS PROVIDED WITHIN THE STAFF REPORT: COMPREHENSIVE PLAN PROVISIONS, WHICH ARE OF SPECIAL CONCERN REGARDING THIS PROPOSAL: · The Comprehensive Plan Land Use Map designates this site as Mixed Use. Chapter 12 - Community Design 12.1 Background and Vision Community design is the organized fashion in which a community is developed in order that a general mood or theme is established and maintained. 12.2 Goal Strive to create an aesthetically pleasing community and protect the unique natural beauty and small town character of the City. 12.3 Entry Corridors Entryway corridors are arterial roadways that introduce both visitors and residents to Eagle. City entryways include State Highways 44 (State Street and Altemate Route) and 55 (Eagle Road). These entrances with their landscaping (or lack thereof), commercial signage and building character provide the first, and oftentimes the most lasting impressions of the entire community. The City of Eagle has the responsibility to guide development and redevelopment that occurs along these entryway corridors. d. The City Design Review Ordinance shall set forth criteria for building design, landscaping, signage and other aesthetic standards. Development along State Street within the Impact Area and outside the City limits shall be encouraged to comply with the Design Review Ordinance. Page 4 of 11 K:\Planning Dept\Eagle Applications\CU\2005\CU-11-05 ccf.doc m. Encourage the development of a strong community identity through urban design standards, downtown revitalization, cultural activities, and visual gateways to the City. n. Prepare and adopt design guidelines and development standards to be the basis for design review of architectural, landscaping, signage and other visual impacts of development projects. B. ZONING ORDINANCE PROVISIONS, WHICH ARE OF SPECIAL CONCERN REGARDING THIS PROPOSAL: . Section 8-2A-6 (A)(7)(a) Additional Height Restrictions: All spires, poles, antennas, steeples, towers, and any other such structures shall be limited to a maximum of thirty-five feet (35'). Additional height may be permitted if a conditional use permit is approved by the City Council. C. DEVELOPMENT AGREEMENT PROVISIONS WHICH ARE OF SPECIAL CONCERN REGARDING THIS PROPOSAL: . ARTICLE II - CONDITIONS ON DEVELOPMENT 2.9 The owner shall submit a Master Design Review site layout and landscape application for the site, and shall comply with all conditions required by Eagle as a part of the Design Review prior to issuance of a building permit. 2.11 The subject parcel shall be annexed into the Eagle Sewer District's service boundary prior to the issuance of any building permits for the site. 2.12 The Concept Plan (Rivendell Music Academy - Exhibit "B" and including Lot 6, Block 2, dated August 25, 2004 - attached hereto and incorporated herein) represents the Owner's current concept for completion of a music/cultural arts school with cottages and related ancillary uses. As the Concept Plan evolves, the City understands and agrees that certain changes in that concept may occur. If the City determines that any such changes require additional public comment due to potential impacts on surrounding property or the community, a public hearing shall be held on any proposed change in the Concept Plan, notice shall be provided as may be required by the City. D. DISCUSSION: . The applicant is requesting a conditional use to allow for a height exception due to the architectural style they are using for the building. The academy is proposed to be constructed with the old-European style of architecture similar to Camille Beckman. This style of architecture requires a steeper pitch roof than other styles allowed with the Eagle Architecture and Design Book (EASD). The proposed building will be in view from the entry corridor to the City on the north side of West State Street, and will be a complimentary addition in harmony with Camille Beckman on the south side of West State. Page 5 of 11 K:\Planning Dept\Eagle Applications\CU\2005\CU-ll-05 ccf.doc STAFF RECOMMENDATION PROVIDED WITHIN THE STAFF REPORT: Based upon the information provided to staff to date, staff recommends approval of the conditional use permit with the site specific conditions of approval and the standard conditions of approval provided within the staff report. PUBLIC HEARING OF THE COMMISSION: A. A public hearing on the application was held before the Planning and Zoning Commission on August 15, 2005, at which time testimony was taken and the public hearing was closed. The Commission made their recommendation at that time. B. Oral testimony in opposition to this proposal was presented to the Planning and Zoning Commission by no one. C. Oral testimony in favor of this proposal was presented to the Planning and Zoning Commission by no one (not including the applicant/representative). COMMISSION DECISION: The Commission voted 3 to I (Marks against, Lien absent) to recommend approval for the conditional use permit for a 42'-11" peak of roof and 45'-5" to top of spires, building for Rivendell Music Academy for Ken and Mary Cenell, with the following staff recommended site specific conditions of approval and standard conditions of approval. Commissioner Marks indicated he was not in favor of approving this application. Commissioner Marks stated the approval of this type of application may lead to additional applications for the same exception. PUBLIC HEARING OF THE COUNCIL: A. A public hearing on the application was held before the City Council on September 27,2005, at which time testimony was taken and the public hearing was closed. The Council made their decision at that time. B. Oral testimony in opposition to this proposal was presented to the City Council by no one. C. Oral testimony in favor of this proposal was presented to the City Council by one individual (not including the applicant/representative) who testified the proposed building will compliment the area to the south that will be developed into a commercial area. He also stated the property will be developed to the south to implement a view corridor that will highlight this building. This individual also stated he is a joint owner of the property to the north and he and the other owner support the application. The individual complimented the applicant on the great job they have done putting this project together. The individual also stated that this area will be a gateway to the City and this project will compliment the gateway. D. Oral testimony neither in favor of or against this proposal was presented to the City Council by no one. COUNCIL DECISION: The Council voted 3 to 0 (Bastian absent) to approve CU-II-05 for a 42' -II" peak of roof and 45' -5" to top of spires, building for Rivendell Music Academy for Ken and Mary Cenell with the following Planning and Zoning Commission recommended site specific and standard conditions of approval. Page 6 of 11 K:\Planning Dept\Eagle Applications\CU\2005\CU-l1-05 ccf.doc SITE SPECIFIC CONDITIONS OF APPROVAL: I. Comply with any applicable conditions of the development agreement for RZ-8-03. 2. Comply with any applicable conditions ofPP-07-04 for Symphony Subdivision. 3. The applicant shall submit a master building design plan that shows general design criteria including composition, color, materials, and architectural themes to be incorporated into the construction of all commercial buildings on the site, with details showing how each building will compliment the others with said design elements. The master plan (including perimeter landscaping and parking lots) shall be reviewed and approved by the Design Review Board prior to the issuance of any building permits for the site. 4. All buildings shall comply with the architecture styles found in the Eagle Architecture and Site Design (EASD) book. Architectural styles not shown within the EASD book will not be considered. 5. A building permit for this proposal shall be obtained within one year, otherwise the conditional use approval for a height exception shall be considered null and void. STANDARD CONDITIONS OF APPROVAL: I. The applicant shall comply with all requirements of the Ada County Highway District and/or the Idaho Transportation Department, including but not limited to approval of the drainage system, curbs, gutters, streets and sidewalks. A letter of approval from the highway district having jurisdiction shall be submitted to the City prior to issuance of any building permits. 2. Idaho Department of Health & Welfare approval of the sewer and water facilities is required prior issuance of any building permits. 3. All permits from Central District Health, Eagle Sewer District & Eagle Fire District, shall be secured prior to issuance of building permit. 4. Written approval of all well water for any shared or commercial well shall be obtained from the Idaho Department of Water Resources shall be submitted to the City prior to issuance of any building permits. 5. Unless septic tanks are permitted, wet line sewers will be required and the applicant will be required to furnish the City Engineer with a letter from the sewer entity serving the property, accepting the project for service, prior to issuance of any building permits. 6. The applicant 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 issuance of any building permits. A copy of the construction drawing(s) shall be submitted with the letter. 7. The applicant shall submit plans and calculations prepared by a registered professional engineer to handle the satisfactory disposal of all storm drainage on the applicant's site. Drainage system plans shall be submitted to the City Engineer for review and approval prior to issuance of any building permits. Page 7 of 11 K:\Planning Dept\Eagle Applications\CU\2005\CU-ll-05 ccf.doc The plans shall show how swales, or drain piping, will be developed in the drainage easements. The approved drainage system shall be constructed, or a performance bond shall be submitted to the City Clerk, prior to issuance of any building permits or Certificate of Occupancy, whichever occurs first. The lot shall be so graded that all runoff runs either over the curb, or to the drainage easement, and no runoff shall cross any lot line onto another lot except within a drainage easement. All design and calculations shall meet the requirements of Ada County Highway District. Construction of the storm drain disposal system shall be complete before an occupancy permit is issued. 8. No ditch, pipe or other structure or canal, for irrigation water or irrigation waste water owned by an organized irrigation district, canal company, ditch association, or other irrigation entity, 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 entity. A Registered Engineer shall certify that any ditch rerouting, piping, covering or otherwise changing the existing irrigation or waste ditch (I) has been made in such a manner that the flow of water will not be impeded or increased beyond carrying capacity of the downstream ditch; (2) will not otherwise injure any person or persons using or interested in such ditch or their property; and (3) satisfied the Idaho Standards for Public Works Construction. A copy of such written approval and certification shall be filed with the construction drawing and submitted to the City prior to issuance of any building permits. 9. Street light plans shall be submitted and approved as to the location, height and wattage to the City Engineer (if applicable) prior to issuance of any building permits or Certificate of Occupancy, whichever occurs first. All construction shall comply with the City's specifications and standards. The applicant shall provide a recorded easement, acceptable to the City Engineer, for the purpose of installing and maintaining street light fixtures, conduit and wiring lying outside any dedicated public right-of-way, prior to issuance of any building permits. The applicant shall pay applicable street light inspection fees prior to Certificate of Occupancy. 10. Parking lot light plan shall be submitted and approved as to the location, height and wattage by the City Engineer. All construction shall comply with the City's specifications and standards. Lighting is required in the parking area and shall be properly illuminated to avoid accidents. Any lights used to illuminate the parking lot shall be so arranged as to reflect the light away from the adjoining property. 11. The parking area shall be paved and shall be maintained in good condition without holes and free of all dust, trash, weeds and other debris. 12. One set of building plans, for any non single-family residential use, shall be submitted to the Eagle Fire Department for approval. An approval letter from the Eagle Fire Department shall be submitted to the City prior to issuance of any building permits. The letter shall include the following comments and minimum requirements, and any other items of concem as may be determined by the Eagle Fire Department officials: a. "The applicant has made arrangements to comply with all requirements of the Fire Department. " b. The fire hydrant locations shall be reviewed and be approved in writing by the Eagle Fire Department prior to the City Engineer signing the final plat.· Page 8 of 11 K:\Planning Dept\Eagle Applications\CU\2005\CU-11-05 ccf.doc c. Minimum flow per hydrant shall be 1,000 gallons per minute for one and two family dwellings, 1,500 gallons per minute for dwellings having a fire area in excess of 3,600 square feet, and 1,500 gallons per minute for non-residential uses (i.e.; Commercial, Industrial, Schools, etc.). Flow rates shall inspected in accordance with all agencies having jurisdiction, and shall be verified in writing by the Eagle Fire Department prior to issuance of any building permits or certificate of Occupancy, whichever occurs first. d. The proposed fire protection system shall be reviewed and approved by the Eagle Fire Department prior to issuance of a building permit or Certificate of Occupancy, whichever occurs first. 13. Any recreation area, greenbelt area or pathway area along the Boise River, Dry Creek or any other area designated by the City Councilor Eagle City Pathway/Greenbelt Committee for a path or walkway shall be approved in writing by the Eagle City Pathway/Greenbelt Committee prior to issuance of a building permit. 14. Conservation, recreation and river access easements (if applicable) shall be approved by the Eagle City Pathway/Greenbelt Committee and shall be shown on the final plat prior to issuance of a building. 15. The applicant shall comply with the provisions of the Eagle City Code, pertaining to floodplain and river protection regulations (if applicable) prior to issuance of a building permit. 16. The applicant shall obtain written approval of the development relative to the effects of the Boise River Flood Plain (if applicable) from the Corps of Engineers prior to issuance of a building permit. 17. The applicant shall obtain approval of the development relative to its effects on wetlands or other natural waterways (if applicable) from the Corps of Engineers and the Idaho Department of Water Resources and/or any other agency having jurisdiction prior to issuance of a building permit. 18. Basements in the flood plain are prohibited. 19. The Americans with Disabilities Act, Uniform Building Code, Eagle City Code, and all applicable County, State and Federal Codes and Regulations shall be complied with. All design and construction shall be in accordance with all applicable City of Eagle Codes unless specifically approved by the Commission and/or Council. 20. New plans, which incorporate any required changes, shall be submitted for staff approval. Staff may elect to take those plans to the Design Review Board and/or the Planning and Zoning Commission for review and approval. 21. Any changes to the plans and specifications upon which this approval is based, other than those required by the above conditions, will require submittal of an application for modification and approval of that application prior to commencing any change. Any change by the applicant in the planned use of the property which is the subject of this application, shall require the applicant to comply with all rules, regulations, ordinances, plans, or other regulatory and legal restrictions in force at the time the applicant or its successors in interest submits application to the City of Eagle for a change to the planned use of the subject property. Page 9 of 11 K:\Planning Dept\Eagle Applications\CU\2005\CU-II-05 ccf.dac 22. Approval of any Design Review shall expire without notice to the applicant on the date of expiration of the Design Review, as stipulated in Eagle City Code (one year from the Planning and Zoning Commission approval date). 23. The City's actions on the application does not grant the applicant any appropriation of water or interference with existing water rights. The applicant indemnifies and holds the City harmless for any and all water rights, claims in any way associated with this application. CONCLUSIONS OF LAW: I. The application for this item was received by the City of Eagle on July 7, 2005. 2. Notice of Public Hearing on the application for the Eagle Planning and Zoning Commission was published in accordance for requirements of Title 67, Chapter 65, Idaho Code and the Eagle City ordinances on July 25, 2005. Notice of this public hearing was mailed to property owners within three-hundred feet (300-feet) of the subject property in accordance with the requirements of Title 67, Chapter 65, Idaho Code and Eagle City Code on July 22, 2005. Requests for agencies' reviews were transmitted on July 11, 2005, in accordance with the requirements of the Eagle City Code. Notice of Public Hearing on the application for the Eagle City Council was published in accordance for requirements of Title 67, Chapter 65, Idaho Code and the Eagle City ordinances on September 6, 2005. Notice of this public hearing was mailed to property owners within three-hundred feet (300-feet) of the subject property in accordance with the requirements of Title 67, Chapter 65, Idaho Code and Eagle City Code on September 7, 2005. 3. The Council reviewed the particular facts and circumstances of this proposed conditional use permit application (CU-II-05) with regard to Eagle City Code Section 8-7-5 "Action by the Commission and Council", and based upon the information provided concludes that the proposed conditional use permit is in accordance with the Eagle City Code because: The proposed conditional use; A. Will, in fact, constitute a conditional use as established in Section 8-2-3 of Eagle City Code Title 8 for the MU zoning district since a height exception is shown as needing approval of a conditional use permit in the MU zoning district on the "Official Schedule of District Regulations" chart of that section; B. Will be harmonious with and in accordance with the general objectives or with any specific objective of the Comprehensive Plan and/or this Title (Eagle City Code Title 8) since there are no inconsistencies with the Comprehensive Plan and since the development will be required to meet conditions of a design review application; C. Will be designed, constructed, operated and maintained to be harmonious and appropriate in appearance with the existing or intended character of the general vicinity and that such use will not change the essential character of the same area since the development will meet the City's design review requirements and design requirements of the Eagle Architecture and Site Design Book; D. Will not be hazardous or disturbing to existing or future neighborhood uses since the area is planned for a mix of uses; Page 10 of II K:\Planning Dept\Eagle Applications\CU\2005\CU-II-05 ccf.doc E. Will be served adequately by essential public facilities such as highways, streets, police and fire protection, drainage structures, refuse disposal, water and sewer and schools; or that the persons or agencies responsible for the establishment of the proposed use shall be able to provide adequately any such services as noted is responses received by agencies providing the public services. F. Will not create excessive additional requirements at public cost for public facilities and services and will not be detrimental to the economic welfare of the community since the commercial subdivision has already been reviewed and approved; G. Will not involve uses, activities, processes, materials, equipment and conditions of operation that will be detrimental to any persons, property or the general welfare by reason of excessive production of traffic, noise, smoke, fumes, glare or odors; H. Will have vehicular approaches to the property which are designed as not to create an interference with traffic on surrounding public thoroughfares as previously approved for the subdivision; and 1. Will not result in the destruction, loss or damage of a natural, scenic or historic feature of major importance since Site Specific Condition #19 for Symphony Subdivision (PP-07-04) conditioned that all healthy trees (as determined by the City Forester) shall be preserved and integrated into the design of the development, or shall be replaced, or shall contribute to the City's tree fund as outlined within Eagle City Code Sections 8-2A-7(C)(I) and 8-2A-7(O)(3) respectively. A landscape plan showing how the trees will be integrated into the open space areas and the non-buildable area on any lot shall be provided for Design Review Board approval prior to the submittal of a final plat. 4. Pursuant to Eagle City Code 8-7-3-5 (F), a conditional use permit shall not be considered as establishing a binding precedent to grant other conditional use permits. DATED this 11th day of October 2005. CITY COUNCIL OF THE CITY OF EAGLE r Ada County, Idaho ,,----. V ",,"11' ""'.. "., ~"{ OF .... "..., G \ ..._...1:.., .... Ilii._ -.0" I.... ~..COtlPO.t ... <'......... .. ... of~)V. ~ i ... (II : .- : \~ ~!8AL ~'. It j ilL _ T:"o ,~F.~ ~../ ~ ....~:I:~.... 0 ,,'" ......~~ ATTEST: Page 11 of 11 K:\Planning Dept\Eagle Applications\CU\2005\CU-II-05 ccfdoc