Findings - CC - 2002 - PP-8-01 - Once Upon A Subd/11.11 Acre/36 Lot/386 W. State St
D.
E.
ORIGINÀL
BEFORE THE EAGLE CITY COUNCIL
IN THE MATTER OF AN APPLICATION)
FOR A PRELIMINARY PLAT FOR )
ONCE UPON A SUBDIVISION FOR )
NORTHWEST DEVELOPMENT LLC )
FINDINGS OF FACT AND CONCLUSIONS OF LAW
CASE NUMBER PP-8-01
The above-entitled preliminary plat application came before the Eagle City Council for their action on
January 8, 2002. The 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:
Northwest Development LLC, represented by Matt Munger with Hubble Engineering Inc.,
is requesting preliminary plat approval for Once Upon a Subdivision. The 1 1.1 I-acre, 36-
lot (33 residential, 3 common) subdivision is generally located north of West State Street,
approximately 300-feet west of Eagle Glen Road at 386 W. State Street.
B.
APPLICATION SUBMITTAL:
The application for this item was received by the City of Eagle on June 28, 2001.
c.
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 August 4,2001. 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 August 1, 2001. Requests for agencies' reviews were transmitted on June 28,
2001 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 December 22, 2001. 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 December 19,
2001.
HISTORY OF RELEVANT PREVIOUS ACTIONS:
On September 25, 2001, the Eagle City Council approved a lot split (LS-2-0l) for the
southern portion of this parcel, adjacent to State Street.
COMPANION APPLICATIONS: None
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F.
COMPREHENSIVE PLAN LAND USE MAP AND ZONING MAP DESIGNATIONS:
COMP PLAN ZONING LAND USE
DESIGNA TION DESIGNA TION
Existing Commercial & CBD (Central Business Residence/Pasture
Residential Four (up to 4- District) & R-4 (Residential)
units per acre max.)
Proposed No Change No Change Residential Subdivision
North of site Residential Four (up to 4- R-4 (Residential) Proposed Clear Creek
units per acre max.) Subdivision
South of site Commercial CBD (Central Business Vacant / Pasture
District)
East of site Mixed Use R-lO (Residential) Eagle Glen Townhouses
West of site Residential Four (up to 4- R-4 (Residential) Residential
units per acre max.)
G.
DESIGN REVIEW OVERLAY DISTRICT:
The site is located within the CEDA (Community Entry Development Area).
H.
SITE DATA:
Total Acreage of Site - I I. II-acres
Total Number of Lots - 36
Residential - 33
Commercial - 0
Industrial - 0
Common - 3
Total Number of Units - 33
Single-family - 33
Duplex - 0
Multi-family - 0
Total Acreage of Any Out-Parcels - 0
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ADDITIONAL SITE DATA PROPOSED REQ UIRED
Dwelling Units Per Gross Acre 2.97 -units 4-units (maximum)
Minimum Lot Size 8,000-square feet 8,000-square feet (minimum)
Minimum Lot Width 75-feet 70-feet
Minimum Street Frontage 35-feet 35-feet
Total Acreage of Common Area 1. 13-acres 1. II-acres
Percent of Site as Common Area 10% 10%
I.
GENERAL SITE DESIGN FEATURES:
Greenbelt Areas and Landscape Screening:
The 2000 Eagle City Comprehensive Plan's TransportationlPathway Network
Map #1 of 2 designates a pathway to be constructed along the Dry Creek Canal,
abutting the northern portion of this site.
A master landscape design plan (including open space areas) has not been submitted to
date.
Berming, fencing and landscaping details are required for Design Review Board review
and approval prior to City approval of a [mal plat.
Open Space:
Eagle City Code, Section 9-3-8 (D) requires a minimum of 10% (ten-percent) of open
space for a subdivision located in an R-4 zone. The applicant has proposed 10% (1.13-
acres) of open space.
Storm Drainage and Flood Control:
The applicant as required by the Subdivision Ordinance shall submit street drainage plans.
Specific drainage system plans are to be submitted to the City Engineer for review and
approval prior to the City Engineer signing the final plat. The plans are to show how
swales, or drain piping, will be developed in the drainage easements. Also, the CC&R' s
are to contain clauses to be reviewed and approved by the City Engineer and City
Attorney, requiring that lots be so graded that all runoff runs either over the curb, or to the
drainage easement, and that no runoff shall cross any lot line onto another lot except
within a drainage easement.
Utility and Drainage Easements, and Underground Utilities:
Eagle City Code section 9-3-6 requires utility easements to be not less than 12 feet wide.
Fire Hydrants and Water Mains:
Hydrants are to be located and installed as may be required by the Eagle Fire District.
On-site Septic System (yes or no) - no
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Preservation of Existing Natural Features:
There are numerous existing trees located on this site. Eagle City Code Section 9-3-8 (B)
states that existing natural features which add value to residential development and
enhance the attractiveness of the community (such as trees, watercourses, historic spots
and similar irreplaceable assets) shall be preserved in the design of the subdivision.
Preservation of Existing Historical Assets:
Staff is not aware of any existing historical assets on the site which would be required to
be preserved. If during excavation or development of the site, any historical artifacts are
discovered, state law requires immediate notification to the state.
J.
STREET DESIGN:
Private or Public Streets: Public
The applicant is proposing to construct Story Book Way northerly from West State Street
and will provide a loop connection back into Story Book Way via Enchantment Street and
Ever After Way. A stub street will extend west from Enchantment Street to the western
boundary line to provide an access to the parcel abutting this subdivision. The internal
roadways will be constructed as a 36-foot wide street sections within 50-feet of right-of-
way.
Applicant's Justification for Private Streets (if proposed): None proposed
Blocks Less Than 500': None
Cul-de-sac Design: None Proposed
Curbs, gutters and sidewalks:
The applicant is proposing 5-foot wide attached sidewalks with curb and gutter on either
side of the streets.
Lighting:
Location and lighting specifications shall be provided to the City Zoning Administrator
prior to the City Engineer signing the fmal plat.
Street Names:
Street name approval by the Ada County Street Names Committee has not been received
to date. Approval from that committee is required prior to final plat approval.
K.
ON AND OFF-SITE PEDESTRIANIBICYCLE CIRCULA nON:
Pedestrian Walkways:
See Curbs, Gutters and Sidewalks above.
Bike Paths:
Eagle City Code section 9-4-1-7 states that a bicycle pathway shall be provided in all
subdivisions as part of the public right-of-way or separate easement, as may be specified
by the City Council.
L.
PUBLIC USES PROPOSED: None
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---- --._-._--.-~_n
Q.
M.
PUBLIC USES SHOWN ON FUTURE ACQUISITIONS MAP: No map currently exists
N.
SPECIAL ON-SITE FEATURES:
Areas of Critical Environmental Concern -
The Dry Creek Floodplain is designated a Hazard Area
and Special Area in the Comprehensive Plan. The Plan
specifies additional development criteria and calls for
special consideration relating to any proposed
development within the Dry Creek Floodplain.
Evidence of Erosion - no
Fish Habitat - no
Floodplain - yes - Dry Creek Floodplain
Mature Trees - Yes
Riparian Vegetation - no
Steep Slopes - no
Stream/Creek: Dry Creek Canal
Unique Animal Life - unknown
Unique Plant Life - unknown
Unstable Soils - unknown
Wildlife Habitat - unknown
O.
SUMMARY OF REVIEW OF ENVIRONMENTAL ASSESSMENT PLAN (IF REQUIRED):
An Environmental Assessment Plan has been submitted to the City Engineer for review.
P.
AGENCY RESPONSES:
The following agencies have responded and their correspondence is attached. Comments,
which appear to be of special concern, are noted below:
City Engineer: Comments within the Engineer's letter dated, October 26, 2001 are of special
concern (see attached).
Ada County Highway District
Central District Health
Department of Environmental Quality
Eagle Fire Department
Eagle Sewer District
Joint School District No.2
LETTERS FROM THE PUBLIC: None received to date.
STAFF ANALYSIS PROVIDED WITHIN THE STAFF REPORT:
A.
COMPREHENSIVE PLAN PROVISIONS, WHICH ARE OF SPECIAL CONCERN
REGARDING THIS PROPOSAL:
.
The Comprehensive Plan Land Use Map designates this site as "Residential Four" (up to four
units per acre maximum).
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Chapter 6
Chapter 8
Chapter 9
9.5
9.5.1
9.5.2
Land Use
6.7
Implementation Strategies
f.
Higher density residential development should be located closest to the
Central Business District (CBD) as shown on the Comprehensive Plan Land
Use Map.
Transportation
8.6
Implementation Strategies
p. Encourage sidewalks that are separated from the curb on all streets, except for
areas where Eagle City Code requires sidewalks to abut the curb and where
existing buildings, inordinate environmental impacts, or other impacts make
setting the sidewalk back infeasible. Meandering sidewalks should be
required where space permits. A planter strip of sufficient width for street
trees between the sidewalk and roadway should be required to provide a
canopy effect over the roadways. The type of street trees used should be those
which have root systems that have proven to not cause sidewalk or curb
damage when in close proximity to such improvements.
r. Encourage planning of local roadway systems which will provide for intra-
neighborhood connectivity. The connecting roadways should be designed to
not become collectors and to discourage traffic from cutting through
neighborhoods to go from a collector or arterial to another collector or arterial.
Such intra-neighborhood connectivity is for emergency and delivery vehicles
and for local intra-neighborhood access.
Parks, Recreation, and Open Spaces
Pathways and Greenbelts
Greenbelts are typically land areas that border scenic features or hazard areas (i.e.
the Boise River and Dry Creek) and are designed to prevent undesirable
encroachment. Greenbelts may include pathways and/or bike lanes.
Goal
To create a pathway system that provides interconnectivity of schools,
neighborhoods, public buildings, businesses, and parks and special sites.
Objectives
a. To create a pathway system that reflects desire to have a pedestrian and
bicycle friendly community.
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b. To provide a network of central and neighborhood paths where residents are
able to safely access and utilize pathways for alternative forms of
transportation.
e. All development should provide developed pathways for connection to
Eagle's public pathway system and/or adjoining development's public
pathway system.
9.6
Open Space
Open space is land which is not used for buildings or structures and offers
opportunities for parks, recreation, water amenities, greenbelts, river trails and
pathways, tourism, leisure activities, viewpoints, and wildlife habitat.
9.6.1
Goal
To provide wherever possible open space and natural features such as natural river
frontage, greenbelts, river trails and pathways, creeks, flood plains and flood ways,
drainage ways and canals, development buffers, wooded areas, grasslands,
foothills, and viewpoints for public use and enjoyment.
9.6.2
Objectives
b.
To provide an open space setting for active and passive recreation for all
age groups throughout the community.
.
The 2000 Eagle City Comprehensive Plan's TransportationlPathway Network Map #1 of 2
shows a local road connection intersecting the northern portion of this parcel, extending from
the current northern terminus of Park Road to connect to a future extension of the proposed
stub street located at the southern boundary of Clear Creek Crossing subdivision.
.
The 2000 Eagle City Comprehensive Plan's TransportationlPathway Network Map #1 of 2
designates a pathway to be constructed along the Dry Creek Canal, abutting the northern
portion of this site.
B.
ZONING ORDINANCE PROVISIONS, WHICH ARE OF SPECIAL CONCERN REGARDING
THIS PROPOSAL:
.
ECC Section 8-1-2 OPEN SPACE, states in part:
Floodway areas, wetland areas, drainage ditches, irrigation ditches, and similar features
shall not be considered as a part of the minimum area of open space required.
c.
SUBDIVISION ORDINANCE PROVISIONS WHICH ARE OF SPECIAL CONCERN
REGARDING THIS PROPOSAL:
.
ECC Section 9-3-6 (A) EASEMENTS, states in part:
Total easement width shall not be less than twelve feet (12').
.
ECC Section 9-3-8 (D) OPEN SPACE, states in part:
New subdivisions in R-4 zoning districts are required to set aside a minimum 10% of open
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D.
E.
space.
.
ECC Section 9-4-1-9 (C)(1)
Pressurized Irrigation Facilities:
For any new subdivision and/or PUD, to be provided with a public water system and
containing more than four (4) lots, all residential dwelling units within such subdivision
shall be provided with a pressurized irrigation system to be served with irrigation water
unless a waiver, as outlined herein, is approved by the City Council.
TITLE 10 FLOOD CONTROL PROVISIONS WHICH ARE OF SPECIAL CONCERN
REGARDING THIS PROPOSAL:
.
ECC Section 10-1-8-5 (D) (4) states in part that all buildings shall be set back a minimum of
fifty-feet (50') from the flood way line.
.
ECC Section 10-1-8-5 (D) Open Areas: Except for required berms, open areas such as parks,
golf courses, greenbelt areas, parking lots, etc., within the area of special flood hazard
shall be designed and operated so that they may flood and maintain existing natural
storage capacity for waters during the base flood event. Levees or berms shall not be
used for flood control.
DISCUSSION:
.
This site is located within the R-4 zoning district, suitable primarily for single-family
residences within an urbanized setting, and which allows residential densities up to 4-units per
acre. The applicant is proposing 2.97 units per acre.
.
The 2000 Eagle City Comprehensive Plan's TransportationlPathway Network Map #1 of 2
shows a pathway traveling within the Dry Creek Canal easement that intersects this parcel.
The applicant is proposing to construct a 5-foot (5') wide asphalt pathway within the 35-foot
(35') wide Dry Creek Canal easement, as generally delineated on the TransportationlPathway
Network Map. The City Council has previously required that regional pathways (as in this
case) should have easements at least fifteen feet (15') in width and include a paved walk at
least ten-feet (10') in width. The applicant should construct a minimum lO-foot (10') wide
asphalt pathway through the 35-foot (35') wide Dry Creek Canal easement to provide a
connection to the eventual City-wide pathway system as delineated on the
TransportationlPathway Network Map. However, if the Dry Creek Canal authority does not
permit the construction of the pathway through the canal easement, then the applicant should
construct a lO-foot wide asphalt pathway through a 15-foot wide easement adjacent to the
canal easement.
.
The 2000 Eagle City Comprehensive Plan's Transportation/Pathway Network Map #1 of 2
shows a local road connection extending from the current northern terminus of Park Road
(east of this site) to a proposed collector road connection extending from the Clear Creek
Crossing Subdivision to the north of this site. The roadway is shown to travel through this site
from the eastern boundary abutting the Eagle Glen Townhouses to the western boundary
adjacent to an approximately 9-acre parcel. The issue arises as to the viability of this proposed
local road connection since it may be considered that the construction of this connection may
not occur for a number years. For the road to be built, it would be necessary to purchase
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multiple properties (some with existing dwellings) for a public right-of-way corridor to
accommodate the connection. The funding source for this type of project is not clear; will it
be paid for by the City, the highway district or a developer? Not only does the potential exist
to displace residents from their neighborhoods, but also the character of those neighborhoods
would change due to increased traffic and physical reconfiguration of the properties. On
February 13, 2001, the Eagle City Council determined that a proposed rezone for a parcel on
Park Road (RZ-ll-00) to allow a house conversion into an office was not warranted at the
current time. The Council felt the proposed zone change and commercial use on Park Road
would have caused increased traffic on Park Road which would have caused excessive
negative impacts to the residences adjacent to the street.
Secondly, the collector road extension from the Clear Creek Subdivision, as shown on the
2000 Eagle City Comprehensive Plan's TransportationlPathway Network Map #1 of 2 to the
east of this site would require the construction of a bridge over the Dry Creek Canal. While
this may be logistically feasible, the expense to build the bridge may not be justified when the
property upon which the bridge would be built is developed further. In addition, for the
collector road to extend south to State Street, the street would travel through a private road
corridor (Cobblestone Lane) which would need to be purchased, along with portions of
abutting properties, in order to accommodate a public roadway. Again, the neighbors abutting
Cobblestone Lane may not be willing to accept the changes that would occur with the
construction of a public roadway where a private, dead-end street currently exists. While this
proposed collector road does not immediately affect the subject property, the concern arises as
to when full inter-neighborhood connectivity may occur, and therefore determines the
immediacy (or lack thereof) to provide for the eventual east-west local road connection.
The point to be made here is that this area of the City is not structurally capable nor does the
willingness of citizens seem to exist to allow the dramatic change that would occur with a
collector road extension and local road connection. This is not to say that the future will not
warrant a need for the connection. Of course the City must study possible development
scenarios in specific areas of the City in order to plan appropriately for the future, with inter-
connectivity an important goal. And with the stub street from this site to the property to the
west to be provided by the applicant certainly aids in achieving this end. In addition, Lot 14,
Block 1, is directly aligned with Enchantment Street which, if necessary in the future, could
provide for the extension of the road to provide a connection for the proposed local street as
shown on the 2000 Eagle City Comprehensive Plan's TransportationlPathway Network Map
#1 of 2.
It may be considered that since multiple properties would be required to be purchased to
provide for the local and collector street connections, the purchase of Lot 14, Block 1, in this
subdivision may not be unreasonable. As with any proposed purchase of property for
infrastructure and service needs of the City, the benefit to the public must be weighed against
the cost of the improvements. Yet in this situation, does the immediate need exist for this
inter-neighborhood connectivity? The undeveloped land as well as developed land
surrounding this site certainly limits the construction of a roadway system that is viable and
beneficial to the City at this point in time. Also, because of the uncertain timeframe for the
construction of the collector and local road extensions, if a stub street were provided to the
east, that stub street may remain unopened for a great period of time, with the possibility of
never developing further. Recognizing the need for interconnectivity and because the
Comprehensive Plan delineates the roadway connections, the requirement may be made that a
revised preliminary plat be submitted showing Enchantment Street extending as a stub street to
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the eastern boundary for the future connection of a local roadway. However, it may be
considered that the need for this roadway is not immediate and depending upon future
development, different opportunities may come to be that would not warrant the roadway
extension. In the event that the roadway is necessary in the future, Lot 14, Block 1, is
configured wide enough to be purchased (along with additional properties necessary for the
roadway) to accommodate a public right-of-way for a local street. Staff will defer the
discussion of this issue to the Planning and Zoning Commission and the City Council.
.
Eagle City Code Section 8-1-2 allows for the common open space to be within either a
common lot or a recorded easement. In previous action, the City Council has required that
open space areas should be located within a common lot to be owned and maintained by the
homeowner's association, and stated as such on the plat. The 35-foot wide area south of the
Dry Creek Canal as well as a small section of land located upon the front portion of Lots 7 and
8, Block 1, are proposed to be landscaped easements. In the case of the canal, the applicant is
proposing to utilize the existing canal easement to install landscaping. It may be considered
inappropriate to require this easement to instead be platted as a common lot because the
easement is exclusive for the canal company's waterway. The applicant should provide a note
on the final plat to reference the recorded license agreement and stating the pathway and
landscaping are to be maintained by the homeowner's association.
The easement proposed to be located upon the front portion of Lots 7 and 8, Block 1, is
designed to provide a sense of visual continuity of the open space as pedestrians and vehicles
travel north on Story Book Way. As the focal point of the open space located at the
intersection of Ever After Way and Story Book Way comes into view, the easement would
create an unobstructed sightline, with only grass and/or low growing shrubs to be located
within the easement. This open space is located in an easement rather than a common lot in
order that Lot 7, Block 1, is able to access the public right-of-way, wherein a driveway would
need to be located within the easement. The driveway should be designed with a width and
location in that portion of the easement that would be the least intrusive into the open space.
The applicant should provide a revised preliminary plat that shows the common open area
abutting lots 7 and 8, Block 1 to be located within perpetual easement with a note stating the
easement is to be owned and maintained by the homeowner's association. The plat shall also
delineate a width and location for the driveway access to Lot 7, Block 1, that minimizes the
intrusion into the open space.
.
Staff has measured a total of 1.01 acres of open space for the site that includes two common
lots and a small easement area; Eagle City Code requires a minimum of 1.11 acres (1 O-percent
of the total site). The applicant has proposed to include the Dry Creek Canal easement to the
north as a part of the minimum required open space, which would provide a total of 1.24-acres
(11 %).
However, Eagle City Code Section 8-1-2 states in part that open space is intended to be a
"useable and convenient amenity". This code section further states, "Flood way areas, wetland
areas, drainage ditches, irrigation ditches, and similar features shall not be considered as a part
of the minimum area of open space required". On the other hand, the 2000 Eagle City
Comprehensive Plan states in chapter nine, "Open space is land which is not used for
buildings or structures and offers opportunities for parks, recreation, water amenities,
greenbelts, river trails and pathways, tourism, leisure activities, viewpoints, and wildlife
habitat". The question arises as to whether the proposed open space within the existing Dry
Creek Canal easement to the north of the development should be counted as open space. Is the
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intent of the Ordinance to exclude the easement because it is a part of the irrigation ditch,
while the Comprehensive Plan seeks to promote existing water features such as the canal? Or
is the code meant to merely prohibit a developer from providing "unusable" land as a means to
reach the minimum requirement for open space and thus, as the Comprehensive Plan
promotes, allow the easement portion of the canal to be considered as a part of the minimum
open space requirement. The applicant should provide a revised preliminary plat that shows a
minimum of lO-percent (1.11-acres) of open space which does not include the Dry Creek
Canal easement. OR, if it is determined by the City Council that the Dry Creek Canal
easement is appropriate then the applicant may count this area as open space, provided a
license agreement is entered into between the developer and the Dry Creek Canal authority.
It should be noted that Lot 21, Block 1, is an area intended for flood mitigation purposes.
Along with the previous discussion, the question arises as to whether this lot should be
counted towards fulfilling the minimum open space requirement. Regardless of whether it is
considered as open space, this lot must exist within the subdivision because of the City's no
net loss and flood plain ordinances. In any event, Lot 21, Block 1, should be required to be
planted with native grasses and plant material and maintained in good condition by the
homeowner's association.
.
The City Council has previously required that residential subdivisions in zoning districts that
include and exceed one dwelling unit per acre to provide street trees in a five-foot wide (S')
parkway strip, located along the roadway and between the back of curb and a five-foot wide
concrete sidewalk. The applicant has proposed to construct a five-foot (S') wide concrete
sidewalk attached to the back of curb. Chapter 8 of the 2000 Comprehensive Plan encourages
the installation of street trees in a planter strip adjacent to all streets to provide a canopy effect
over the roadways. The applicant should provide a revised preliminary plat showing five-foot
wide concrete sidewalks separated from the curb by a five-foot wide planter strip to
accommodate the installation of street trees.
.
A triangular piece of property located in the southern portion of this site is zoned CBD
(Central Business District) and recently was approved for a lot split to divide the property into
separate residential and commercial lots. The property was previously one piece with two
different zoning districts dividing the property. Both the commercial property and the
residential property are proposing to access State Street via Story Book Way. As noted
previously, staff is recommending that the residential subdivision be required to construct a
five-foot wide detached concrete sidewalk separated from the back of curb by a planter strip
containing street trees. This theme should be continued from the southern edge of the
residential portion of the site to the intersection of State Street and Story Book Way. Since the
commercial piece is located with the Community Entry Development Area (CEDA),
additional streetscape criteria will be required to be incorporated into the design. Upon
Design Review for the residential subdivision, the commercial property should also be
reviewed for streetscape improvements, with the improvements to be constructed in
conjunction with the residential subdivision streets cape improvements.
.
The applicant has not provided a pressurized irrigation plan as required by Eagle City Code.
The applicant should provide a plan delineating the pressurized irrigation prior to City
approval of the [mal plat.
.
Lot 21, Block 1, is shown on the preliminary plat as an area reserved for flood plain mitigation
to comply with the City's no net loss ordinance. In the Environmental Assessment Plan
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submitted to the city on October 9, 2001, the document states that adjacent lands will be
utilized to mitigate the impact of placing fill in this development to result in a no net loss of
the floodplain area. The document further states that for every one cubic foot of fill added to
this site, one cubic foot will be removed from adjacent lands to accommodate floodplain
volumes. No plans have been submitted that detail which lands are to be utilized or what
features will be constructed to accommodate the no net loss of the floodplain waters.
However, to allow the adjacent properties to compensate for the development of this subject
property is not permitted; the development of this site must stand alone. There would be no
control of the adjacent properties to ensure that the control devices installed to mitigate the
floodwaters would remain intact. While, the City generally does not require that the
preliminary plat detail how the "no net loss" will be accommodated, in this instance when the
statement is made that adjacent properties will be utilized to aid this property in floodwater
mitigation, a great concern is raised. However, the applicant's engineer has provided a
statement to clarify this issue and states that"... adjacent land is referring to land adjacent to
the flood plain, not land adjacent to the project. The mitigation will take place on this
property in the area shown on the fmal plat". This discussion item should remain in this
document for clarification purposes.
STAFF RECOMMENDATION PROVIDED WITHIN THE STAFF REPORT:
Staff recommends approval 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
November 19, 2001, at which time testimony was taken and the public hearing was closed. The
Commission continued this matter until December 3, 2001, and made their recommendation at that
time.
B. Oral testimony in opposition to this proposal was presented to the Planning and Zoning Commission
by four (4) individuals with concerns regarding the location of the proposed stub street to the west, the
maintenance responsibility of Cobblestone Lane (private road), design of any perimeter fencing, the
development's effect on water rights for abutting properties, views effected by construction of two-
story homes and the need for a streetscape abutting the commercial portion of the site.
C. Oral testimony in favor of this proposal was presented to the Planning and Zoning Commission by no
one (other than the applicant).
D. Written testimony in opposition to this proposal was presented to the Planning and Zoning
Commission by one (1) individual with concerns regarding the location of the proposed stub street to
the west and its negative effect on the value of the property abutting the northwest boundary of this site
and the desire for the stub street to be located farther south of the parcel.
COMMISSION DECISION:
The Commission voted 3 to 0 (Bloom, Cadwell absent) to recommend approval of PP-8-0l for a
preliminary plat for Once Upon a Subdivision for Northwest Development LLC with the with the
site specific conditions of approval and standard conditions of approval shown in their Findings of
Fact and Conclusions of Law document dated December 17, 2001.
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PUBLIC HEARING OF THE COUNCIL:
A. A public hearing on the application was held before the City Council on January 8, 2002, 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 three (3)
individuals with concerns regarding the location of the proposed stub street to the west, the design
of and need for the installation of perimeter fencing around the subdivision, the development's
effect on the irrigation ditches and water rights for abutting properties, and the possibility of
building a park to maintain the existing wildlife on the site.
C. Oral testimony in favor of this proposal was presented to the City Council by no one (not including
the applicant/representative).
D. Written testimony in opposition to this proposal was presented to the Council by the Eagle Glen
Townhome Homeowner's Association with concerns regarding the installation of a fence between
the he proposed subdivision and existing properties, tiling of the irrigation ditch between this
property and the development to the east, access of the subdivision to State Street and its proximity
to adjacent roadways, height of new dwellings, dust abatement and weed control, and hours of
construction work.
COUNCIL DECISION:
The Council voted 4 to 0 to approve PP-8-01 for a preliminary plat for Once Upon a Subdivision
for Northwest Development LLC, with the following Planning and Zoning Commission
recommended site specific conditions of approval and standard conditions of approval with text
shown with strike-thru to be deleted by the Council and text shown with underline to be added by
the Council.
SITE SPECIFIC CONDITIONS OF APPROVAL:
1. Comply with all applicable requirements within the City Engineer's letter dated October 26, 2001.
2. Provide a revised preliminary plat that changes the easement widths of side lot lines (as stated in Note
#6) to a minimum of 6-feet wide on either side of the lot line. Revise the rear lot utility easement to a
minimum of 12-feet wide.
3. Provide a revised preliminary plat that changes the utility easement width (as stated in Note #7) to a
minimum of 12-feet wide.
4. Proyide a re'lised plat saowiBg EBeaaøtmeBt Str-øet extøødiRg (t-hroagH Lot 14, Bloek 1) to tHe eastern
boHBdary as a stab str-oot for tfte futw'e eoBReetioø of tHe flroflosed 10l1al mati eoRReetioR as depicted
OR the 2000 Eagle City CoffiflrœeBsive Plaø's TFaøSflortatioHIPatHwa-y Network Map #"1 of 2.
5. The developer shall provide 3-inch minimum caliper shade-class trees (landscape plan to be reviewed
and approved by the Design Review Board) along both sides of all streets within this development.
Trees shall be placed at the front of each lot generally located on each side lot line. The trees shall be
located in a landscape strip between the sidewalk and the curb.
All street trees shall be installed in the locations as shown on a landscape plan reviewed and approved
by the Design Review Board. The location and variety of each street tree shall be specifically called
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out on the plan. Variety substitutions may be considered on a case-by-case basis. Any substitution
shall be reviewed and approved by staff and one member of the Design Review Board.
All street trees, automatic irrigation systems and sod (adjacent to each respective dwelling) shall be
installed prior to the issuance of a Certificate of Occupancy. During inclement weather through the
months of November, December, January, February and March, a surety for 150% of the cost for all
street trees, sod and automatic irrigation systems within a 5-foot wide landscape strip (cost plus
installation) may be provided to the City prior to the issuance of a Certificate of Occupancy.
The CC&R's shall include a clause describing the requirements for installation of street trees, sod, and
automatic irrigation systems within the 5-foot wide parkway strip. The CC&R's shall reference the
approved plans on file at the City of Eagle and describe the minimum numbers, specific locations, and
types of trees to be installed prior to City issuance of occupancy permits for the homes. In addition, an
operational, automatic irrigation system and sod are to be installed prior to issuance of occupancy
permits for the homes. The requirements for the homeowner maintenance of trees, other landscaping,
and the automatic irrigation system shall also be clarified within the document.
6. The applicant shall submit a design review application showing streetscape improvements for the
commercial parcel located within the Community Entry Development Area. The streetscape
improvements (including that portion of the site abutting State Street) shall be constructed in
conjunction with the residential subdivision improvements. Specific streetscape improvements shall
be reviewed and approved by the Design Review Board prior to City approval of a final plat.
7. Provide a copy of the subdivision CC&R's showing the installation and maintenance requirements for
the proposed street trees. The CC&R' s shall be reviewed and approved by staff prior to the City Clerk
signing the final plat.
8. The applicant shall submit a design review application showing proposed subdivision signage (if any)
and a landscape plan showing perimeter fencing (if proposed), street trees, common area landscaping,
and berming, fencing, and planting details within the required common lots and any approved
easements for review and approval by the Design Review Board prior to City approval of a final plat.
9. Proviàe a r-eviseEl flf€llimiaary fllat tliat slim",s a lÐiBiæaæ of 10 per-eeat (1.11 aeres) of ofleB spaee
wliieli does Bet iBelaEle tlie Dry Creek CaBal easeæeat.
10. Provide a note on the final plat that shows the common open area abutting lots 7 and 8, Block 1 to be
located within perpetual easement with a note stating the easement is to be owned and maintained by
the homeowner's association. The plat shall also delineate a width and location for the driveway
access to Lot 7, Block 1, that minimizes the intrusion into the open space. Provide a statement in the
CC&R's that one homeowners association in perpetuity shall maintain the landscape easement. The
driveways to the adjacent homes shall not be included within the calculation for the minimum open
space requirement.
11. A Flood Plain Development Permit application shall be submitted prior to application for a final plat.
12. Useable park amenities such as, picnic tables, gazebos, swing sets, basketball courts, ball fields and/or
similar amenities shall be provided within the open space areas. Landscape plans showing open space
amenities shall be reviewed and approved by the Design Review Board.
13. Coastrnet a æiBiæaæ 10 foot wiEle asphalt flath'Nay \"ithiB the Dry Creek CaBal easeæeBt as Elepieteà
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OR tà0 City of Bagle's 20QQ CelBf3reBeBsi"e PlaB TFaBsf'ertatiøB .' Patfiway Netvlork Map #1. If the
Dry Creek CaBal aatherity dees Bet f'eræit the eoBstrn(;JtiaB af tàe f'atB':..ay ':áHiin the (;JaBal easemeBt,
Hieß ilie af>fJlicant shall eORsa:aet a 10 feet (10') wiele asfJhalt fJath'.'/ay '.",ithin a 15 foot (15') wide
easeææt adjaeeRt to aBd immediately soaHi of the Dry Creek CaBal easemeRt. The paHiway shall be
maiataiBed BY Hie ORee ~OB a SaBdivisioB HeæeeviBer's .\ssoeiatioR and sffited as sHch withiB the
CC&R's.
14. The flood mitigation area (Lot 21, Block 1) shall be planted with native materials, grasses or other
vegetation that would eliminate weeds from that area of the development. The lot shall be designed to
allow recreation to occur on the lot. Specific plantings and amenities shall be reviewed and approved
by the Design Review Board prior to City approval of a final plat. Provide a statement in the CC&R's
that one homeowners association in perpetuity shall maintain the landscaping within the lot. If Lot 21,
Block 1, is developed in this manner, it may be included in the open space calculation to satisfy the
minimum requirement of ten-percent (10%) open space as referenced in Site Specific Condition No.9
noted above.
15. All existing, healthy trees (as determined by a certified arborist) located on the site shall be preserved
unless removal is approved by the Design Review Board.
16. The applicant shall provide a plan delineating a pressurized irrigation system to serve all lots within
the subdivision prior to city approval of the fmal plat.
17. Any stub street which is expected to be extended in the future shall be provided with a sign generally
stating that, "This street is to be extended in the future".
18. The applicant shall submit payment to the City for all Engineering fees incurred for reviewing this
project, prior to the City Clerk signing the fmal plat.
19. Enchantment Street shall be extended as a stub street to the western boundary line of this subdivision
as depicted on the preliminary plat, date stamped by the City of Eagle on November 1, 2001.
20. The applicant shall construct a six-foot (6') high solid fence (material as selected by the Design
Review Board) along the perimeter of the subdivision abutting currently occupied parcels. Fencing
material shall be reviewed and approved by the Design Review Board, prior to City approval of a final
plat.
21. The applicant shall collaborate with the Dry Creek Canal authority to provide measures to ensure that
the safety of all persons will not be compromised in regard to the irrigation canal. Head gates and the
ditch embankment should be protected to alleviate any hazards while maintaining appropriate access
for the Dry Creek canal authority and the water users.
22. The applicant shall install a 4' x 4' plywood or other hard surface sign (mounted on two 4"x 4" posts
with the bottom of the sign being a minimum of 3-feet above the ground) at the entrance into the
subdivision noticing the contractors to clean UP daily. no loud music, no dof!s off leash. and that
construction work shall only occur between the hours of 7:00 AM and 7:00 PM. In addition. water
trucks and other measures shall be utilized to keep airborne dust levels to a minimum.
STANDARD CONDITIONS OF APPROVAL:
1.
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,
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curbs, gutters, streets and sidewalks.
2.
Correct street names, as approved by the Ada County Street Name Committee, shall be placed on
the plat prior to the City Engineer signing the final plat.
3.
Complete water and sewer system construction plans shall be reviewed and approved by the City
Engineer. Required improvements shall include, but not be limited to, extending all utilities to the
platted property. The developer may submit a letter in lieu of plans explaining why plans may not
be necessary.
4.
Idaho Department of Health & Welfare approval of the sewer and water facilities is required prior
to the City Engineer signing the fmal plat (Lc. Title SO, Chapter 13 and I.c. 39-118).
S.
Written approval of all well water for any shared or commercial well shall be obtained from the
Idaho Department of Water Resources prior to the City Engineer signing the final plat.
6.
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 the City Engineer signing the final plat (B.c.c. 9-20-8.4)
7.
All homes being constructed with individual septic systems shall have the septic systems placed on
the street side of the home or shall have their sewer drainage system designed with a stub at the
house front to allow for future connection to a public sewer system.
8.
Per Idaho Code, Section 31-380S, concerning irrigation rights, transfer and disclosure, 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 the subdivider shall provide for underground
tile or other like satisfactory underground conduit to permit the delivery of water to those
landowners within the subdivision who are also within the irrigation entity.
See Eagle City Code Section 9-4-l-9(C), which provides overriding and additional specific criteria
for pressurized irrigation facilities.
Plans showing the delivery system must be approved by a registered professional engineer and
shall be approved by the City Engineer prior to the City Engineer signing the final plat.
9.
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 the City Engineer signing the final plat.
A copy of the construction drawing(s) shall be submitted with the letter.
10.
Drainage system plans shall be submitted to the City Engineer for review and approval prior to the
City Engineer signing the final plat. 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 the City Engineer signing the final
plat. The CC&R's shall contain clauses to be reviewed and approved by the City Engineer and
City Attorney, prior to the City Engineer signing the final plat, requiring that lots be so graded that
all runoff runs either over the curb, or to the drainage easement, and that no runoff shall cross any
lot line onto another lot except within a drainage easement.
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11.
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 flISt 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
(1) 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 Engineer prior to the City Engineer signing the
fmal plat.
12.
Street light plans shall be submitted and approved as to the location, height and wattage to the City
Engineer prior to the City Engineer signing the final plat. All construction shall comply with the
City's specifications and standards.
The applicant shall delineate on the face of the final plat an 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 the City Engineer signing the final plat.
The applicant shall pay applicable street light inspection fees on the proposed subdivision prior to
signing of the final plat by the Eagle City Engineer.
13.
The applicant shall provide utility easements as required by the public utility providing service,
and as may be required by the Eagle City Code, prior to the City Engineer signing the final plat.
14.
An approval letter from the Eagle Fire Department shall be submitted to the City prior to the City
Engineer signing the final plat. The letter shall include the following comments and minimum
requirements, and any other items of concern 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.
The proposed fIfe hydrant locations shall be reviewed and be approved in writing by the
Eagle Fire Department prior to the City Engineer signing the final plat.
Minimum flow per hydrant shall be 1,000 gallons per minute for one and two family
dwellings, I,SOO gallons per minute for dwellings having a fIfe area in excess of 3,600
square feet, and I,SOO gallons per minute for non-residential uses (i.e.; Commercial,
Industrial, Schools, etc.). Flow rates shall be 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.
The proposed fIfe protection system shall be reviewed and approved by the Eagle Fire
Department prior to issuance of a building permit.
b.
c.
d.
IS.
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 of all common
areas, storage facilities, recreational facilities, street lights or open spaces shall be reviewed by the
Eagle City Attorney prior to the City Engineer signing the final plat.
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.
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20.
21.
22.
23.
24.
25.
26.
27.
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 the City Engineer signing the final plat.
16.
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 by the Eagle City
Attorney prior to the City Engineer signing the final plat.
17.
The applicant shall submit an application for Design Review, and shall obtain approval for all
required landscaping, common area and subdivision signage prior to the City Engineer signing the
fmal plat.
18.
Any recreation area, greenbelt area or pathway area along the Boise River, Dry Creek or any other
area designated by the City Council or Eagle City Pathway/Greenbelt Committee for a path or
walkway shall be approved in writing by the Eagle City Pathway/Greenbelt Committee prior to
approval of the final plat by the City Council.
19.
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 approval of the
final plat by the City Council.
The applicant shall place a note on the face of the plat which states: "Minimum building setback
lines shall be in accordance with the applicable zoning and subdivision regulations at the time of
issuance of the building permit or as specifically approved and/or required".
The applicant shall comply with the provisions of the Eagle City Code, pertaining to floodplain
and river protection regulations (if applicable) prior to the City Engineer signing the final plat.
The development shall comply with the Boise River Plan (if applicable) in effect at the time of
City Council consideration of the fmal plat.
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 approval of the final plat by
the City Engineer.
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 the City Engineer signing the final
plat.
Basements in homes in the flood plain are prohibited.
The Americans with Disabilities Act, Uniform Building Code, Eagle City Code, Eagle
Comprehensive Plan, 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.
Any changes to the plans and specifications upon which this approval is based, other than those
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29.
30.
31.
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.
28.
No public board, agency, commission, official or other authority shall proceed with the
construction of or authorize the construction of any of the public improvements required by the
Eagle City Code Title 9 "Land Subdivisions" until the final plat has received the approval of the
City Council (ECC 9-6-5 (A) (2)).
After Council approval of the final plat, the applicant may construct any approved improvements
before the City Engineer signs the final plat. The applicant shall provide a financial guarantee of
performance in the amount of 150% of the total estimated cost for completing any required
improvements (see resolution 98-3) prior to the City Engineer signing the final plat. The financial
guarantee shall be a Letter of Credit, Certificate of Deposit, cash deposit or certified check.
In accordance with Eagle City Code, failure to obtain a recorded final plat for the subdivision
within one year following City Council approval shall cause this approval to be null and void,
unless a time extension is granted by the City Council.
Prior to submitting the final plat for recording, the following must provide endorsements or
certifications: Owners or dedicators, Registered Land Surveyor, County Engineer, Central District
Health Department, Ada County Treasurer, Ada County Highway District Commissioners, City
Engineer, and City Clerk.
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:
1. The application for this item was received by the City of Eagle on June 28, 2001.
2. 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 December 22,
2001. 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 December 19, 2001.
3. The Council reviewed the particular facts and circumstances of this proposed preliminary plat (PP-8-
0 I) and based upon the information provided concludes that the proposed preliminary plat application
is in accordance with the City of Eagle Title 9 (Subdivisions) because:
a. The requested preliminary plat complies with the density of the approved zoning
designation of R-4 (Residential); and
b. Will be harmonious with and in accordance with the general objectives of title 9 of the
Eagle City Code since the development is consistent with the Comprehensive Plan and
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provides the required improvements for a subdivision; and
c. Will be designed, constructed, operated and maintained to be harmonious and
appropriate in appearance with the existing and intended character of the general
vicinity and that such use will not change the essential character of the same area,
since the proposed residential use is in accordance with the approved zoning
designation of R-4 (residential) and with the residential designation as shown within
the Comprehensive Plan; and
d. Will not create excessive additional requirements at public cost for facilities and
services as the site will be served by a central sewer system that must be approved by
the Eagle Sewer District and will use public water to be served by the water company
having jurisdiction in that area. Fire protection will be available from the Eagle Fire
District and fife hydrants will be provided where required; and
e. Will have vehicular approaches to the property designed to not create an interference
with traffic on surrounding public thoroughfares since the project is required to be
reviewed and approved the Ada County Highway District and is subject to the
conditions herein; and
f. This development is in continuity with the capital improvement program since the
required public improvements are required as conditioned herein, or are expected to
be installed with the development of individual lots as conditions of approval; and
g. That based upon agency verification and additional written comments of the Eagle
Fire Department and the Ada County Highway District, or as conditioned herein, there
is adequate public financial capability to support the proposed development; and
h. That any health, safety and environmental problems that were brought to the
Council's attention have been adequately addressed by the applicant or will be
conditions of final plat approval as set forth within the conditions of approval above.
DATED this 22nd day of January 2002.
CITY COUNCIL
OF THE CITY OF EAGLE
Ada Co nty, Idaho
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J \L ClA-O- \?- ~ (~
Sharon k. Moore, Eagle City Cieril