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Findings - CC - 2001 - CPA-01-01/RZ-11-01 - Comp Plan Amend/R4 To Mu/R4 To R12-Da/Loda/825 W S ORIG\NAL BEFORE THE EAGLE CITY COUNCIL IN THE MATTER OF AN APPLICATION) FOR A COMPREHENSIVE PLAN ) AMENDMENT AND REZONE WITH ) DEVELOPMENT AGREEMENT FOR ) JAMES L. JEWETT ) FINDINGS OF FACT AND CONCLUSIONS OF LAW CASE NUMBER CPA-OI-O1 & RZ-ll-Ol The above-entitled comprehensive plan amendment and rezone with development agreement application came before the Eagle City Council for their action on December 11, 2001. 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: James L. Jewett, represented by Shawn Nickel with Land Consultants, Inc., is proposing a Comprehensive Plan Amendment to change the land use designation on the Comprehensive Plan Land Use Map from Residential Four (up to four dwelling units per acre) to Mixed Use, and rezone from R-4 (Residential up to four dwelling units per acre) to R-12-DA (Residential twelve dwelling units per acre with Development Agreement) and L-O-DA (Limited Office with Development Agreement). The site is located on the south side of W. State Street approximately %-mi1es west of Eagle Road at 825 West State Street. B. APPLICA nON SUBMITTAL: The application for this item was received by the City of Eagle on August 23,2001. 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 September 29,2001. 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 September 26, 2001. Requests for agencies' reviews were transmitted on August 27, 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 November 24, 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 November 20. 2001. D. HISTORY OF RELEVANT PREVIOUS ACTIONS: None Page 1 of 11 K:\Planning Dept\Eagle Applications\CPA\2001\CPA-1-Ol & RZ-ll-Ol ccf.doc E. F. COMPANION APPLICATIONS: none COMPREHENSIVE PLAN LAND USE MAP AND ZONING MAP DESIGNATIONS: COMP PLAN ZONING LAND USE DESIGNATION DESIGNATION Existing Residential Four (up to R-4 (Residential) Residence/Pasture four dwelling units per acre maximum Proposed Mixed Use R-12-DA (Residential), & LO- Multi-family dwelling DA (Limited Office District) units / Office North of site Residential Four (up to R-4 (Residential) Residential Subdivision four dwelling units per acre maximum South of site Public/Semi-Public R-4 (Residential) Residences/ Vacant East of site Residential Four (up to R-4 (Residential) Residential Subdivision four dwelling units per & Pasture acre maximum West of site Residential Four (up to R-4 (Residential) Residence/Pasture four dwelling units per acre maximum G. DESIGN REVIEW OVERLAY DISTRICT: Not in the DDA, TDA or CEDA. H. TOTAL ACREAGE OF SITE: 6.29-acres I. APPLICANT'S STATEMENT OF JUSTIFICA nON FOR THE REZONE: See the attached letter submitted by the applicant. J. APPLICANT'S STATEMENT OF JUSTIFICA nON OF A DEVELOPMENT AGREEMENT: "To limit the uses that would otherwise be permitted under a comp plan designation of mixed use. The use will be limited to multi-family on approximately 5.7 acres and those uses permitted in an L-O zone on approximately 0.5 acres". K. A V AILABILITY AND ADEQUACY OF UTILITIES AND SERVICES: Preliminary approval letters from ACHD and the Eagle Fire Department have been received by the City. The Eagle Sewer District states that the property has not been annexed into the Eagle Sewer District and must do so prior to any connection to the central sewer system service facilities. L. PUBLIC USES SHOWN ON FUTURE ACQUISITIONS MAP: No map currently exists. M. NON-CONFORMING USES: Based upon the information available, the proposed comprehensive plan amendment and rezone will not create any noncompliance with any provisions of the Eagle City Code. Page 2 of 11 K:\Planning Dept\Eagle Applications\CPA\2001\CPA-1-Ol & RZ-Il-Ol ccf.doc N. AGENCY RESPONSES: The following agencies have responded and their correspondence is attached. Comments which appear to be of special concern are noted below: Ada County Highway District Central District Health Department Eagle Fire Department Eagle Sewer District Idaho Transportation Department O. LETTERS FROM THE PUBLIC: Two letters from L. J. Fuller, date stamped by the City on October 9,2001, and on December 6,2001. Letter from Bob and Kellie Batista, 775 W. Aikens, Eagle, ID 83616 date stamped by the City On November 1,2001. Letter from Gary and Donna M. Althen, dated December 11, 2001 Letter from Steve and Deborah Coleman, date stamped by the City on December 11, 2001 Letter from Traci Moore, dated December 11,2001 Letter from Henry and Lindsey Clark, dated December 11, 2001 Letter from Stewart Jensen, date stamped by the City on December 11,2001 Letter from Steve and Janie Fuchs, date stamped by the City on December 11, 2001 P. APPLICANT REQUEST FOR COMPREHENSIVE PLAN AMENDMENT: See letter submitted by the applicant, dated August 21, 2001, addressing justification for the Comprehensive Plan Amendment (attached to the Staff Report). The letter is incorporated herein by reference. 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 currently designates this site as Residential Four (up to four dwelling units per acre). Chapter 1 - Overview 1.1 City of Eagle Statement of Purpose The purpose of the Eagle Comprehensive Plan is to promote the health, safety, and general welfare of the people of the City of Eagle and its Impact Area as follows: b. To ensure that adequate public facilities and services are provided to the people at reasonable cost. f. To avoid undue concentration of population and overcrowding of land. Chapter 2 - Property Rights 2.4 Implementation Strategies Page 3 of 11 K:\Planning Dept\Eagle Applications\CPA\2001\CPA-1-Ol & RZ-ll-Ol ccf.doc c. The Comprehensive Plan and implementing ordinances should strive for stable and consistent policies regarding development densities and requirements. Chapter 5 - Economic Development 5.5 - Implementation Strategies g. Encourage commercial growth adjacent to the Central Business District and discourage isolated commercial development in outlying areas. Chapter 6 - Land Use 6.1 Background and Existing Conditions Managing growth and channeling it into orderly community development is the key element of land use planning. Unplanned growth results in undesirable land use patterns. Areas within the City and within the Impact Area are given land use designations which are depicted on the Comprehensive Plan Land Use Map, hereinafter referred to as the "Land Use Map". The Land Use Map is an integral part of the Comprehensive Plan. It serves as a planning policy document and planning tool that will assist the City in sustaining responsible growth and development to ensure that evolving land use patterns remain consistent with goals, objectives and strategies of the Plan. Land use designations as reflected on the Land Use Map are based on the existing land use pattern, existing natural physical features such as the Boise River, Dry Creek and the foothills, floodplain areas, capacity of existing community facilities, projected population and economic growth, compatibility with other uses of the land, transportation systems, and the needs of local citizens. 6.7 Implementation Strategies b. Establish land use patterns and zoning districts that do not exhaust available services such as sewer, water, police, fire, recreational areas, highways and transportation systems. f. Higher density residential development should be located closest to the Central Business District (CBD) as shown on the Comprehensive Plan Land Use Map. Chapter 8 - Transportation 8.1 Background Transportation planning and land use planning should be compatible with Eagle's transportation system and should take into account projected land use as depicted on the Eagle Land Use Map. Page 4 of 11 K:\Planning Dept\Eagle Applications\CPA\2001\CPA-1-Ol & RZ-ll-01 ccf.doc The City's existing network of roadways represents only a portion of the system needed to serve future growth and development. As the City continues to experience growth, population will increase and the number of vehicles using the transportation system will increase. In addition to adding new streets and roadways, modifications and extensions to the existing routes will be necessary in order to create a fully integrated, modem, efficient transportation system that will effectively serve the residents of the City, the business community and the traveling public. 8.6 Implementation Strategies f. Evaluate the impact to the City of all roadway improvements and roadway extensions. 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. Chapter 13 - Implementation 13.7 Implementation Strategies c. Any person applying for a Comprehensive Plan amendment shall submit a justification letter for the amendment which shall include the following: 1. A specific description of the change being requested. 2. Specific information on any property involved. 3. A description of the condition or situation which warrants a change being made in the Plan. 4. A description of the public benefit(s) that would occur from such a change in the Plan and an explanation of why the public would need any such benefit(s). 5. An explanation of why no other solutions to the condition or situation which warrants a change in the Plan are possible or reasonable under the current policies of the Plan. 6. A proposed development plan for any land involved if a specific development is planned at the time the request for the amendment is being made. 7. An analysis showing the estimated impact on infrastructure expected to occur by any proposed change. Page 5 of 11 K:\Planning Dept\Eagle Applications\CPA\2001\CPA-l-Ol & RZ-ll-Ol ccf.doc 8. Any other data and information required by the City for their evaluation of the request. B. ZONING ORDINANCE PROVISIONS WHICH ARE OF SPECIAL CONCERN REGARDING THIS PROPOSAL: None DISCUSSION: C. . The subject property is currently zoned R-4 with a Comprehensive Plan designation of Residential Four (up to four units per acre). The applicant has submitted a conceptual drawing of the parcel delineating a residential section, a commercial or light office section, and an open space area. The residential portion proposes two (2) duplexes located on the northern portion of the site and nine (9) fourplex units to be located on the southern portion of the site, with the open space area located further south and across the Ballantyne Canal. The residential density for the site is approximately 7.l4-units per acre (11.4-units per acre excluding the open space area). Recent residential subdivisions constructed in the area near this site include Rick's River Ridge Subdivision with a density of approximately 3.4-units per acre and Van Englen Estates Subdivision with a density of approximately 2.3-units per acre. The majority of the properties in the immediate area near this site are five-acre plus parcels with rural residences and pasture land upon them. The density comparison made here is to emphasize that this application may be considered a dramatic change to the existing residential environment. A change to higher density in this area will create a "density pocket" or spot zoning which may provide land use privileges not available to surrounding properties. Spot zoning tends to only focus on one parcel, while the "broader picture" or surrounding area fails to be fully considered for the benefits or detriments that a development may bring. This may be considered the reverse of appropriate planning since a City must be looked at as a whole with an established goal rather than in individual pieces with differing purposes that do not seek any general consensus. In reviewing any request for a rezone, the [lIst consideration must be whether the request is consistent with the City's land use policies and objectives, i.e. the Comprehensive plan. Granted, it is understood that this application is a request for an amendment to the Comprehensive Plan; therefore, the next factor that must be analyzed is how the surrounding area will be directly affected by the rezone. The City has previously recognized that certain applications are incompatible with the existing land use environment for which the development is proposed. In recent decisions, the City Council has upheld the requests of citizens to not increase densities and to maintain the established land use patterns that the citizens have come to expect as vital to their enjoyment of their property. For example, recently the City Council denied a rezone request and preliminary plat for Cedro Glen Estates because the one-acre lots and higher density were not compatible with the surrounding five- acre parcels and detrimental to the intended character of the established Baker's Acres Subdivision. Similarly, in the past few months, a rezone request (RZ-04-0l) was denied by the Council because the change in zoning may have allowed surrounding properties to change to smaller lot sizes with increased densities and alter the rural nature of the area. With this last point it is appropriate to note that if this site were allowed to increase in density, the surrounding undeveloped parcels may be perceived to be allowed to develop at higher densities as well. While it is certainly not suggested that one approval grants subsequential approvals, it may lay a framework for justification of future similar developments which slowly erodes the intended character currently planned for the City. . . . Page 6 of 11 K:\Planning Dept\Eagle Applications\CPA\2001\CPA-l-Ol & RZ-11-01 ccf.doc . Under the "Comprehensive Plan Amendment" section (Chapter 13, Section 13.7 (c) (3)) within the 2000 Comprehensive Plan the applicant must show, "the condition or situation which warrants a change being made in the plan." The justification letter submitted by the applicant states that because two recent developments in mixed use designations (Spring Creek and Picadilly) were developed with densities less than allowed for and planned for in the 2000 Comprehensive Plan. While it may be true that these developments did have lower densities (S.6 and 3.7-units per acre, respectively) than possibly allowed for in the Comprehensive Plan, a Mixed Use designation allows for up to twenty units per acre, it is not guaranteed. The Comprehensive Plan is not the only considering factor for density, the review of the surrounding area is equally as important. The protection against overcrowding of land and the mitigation of differing uses is essential to quality planning. Since a particular property may not be physically able to support high densities either due to topography or lack of sufficient services, the site must be built to a density that is not only viable but also appropriate for the area. Further, to put a higher density development in another area of the City to make up for "lost" density does not warrant a change in the Comprehensive Plan. Further review of the "Comprehensive Plan Amendment" section (Chapter 13, Section 13.7 (c) (4)) seeks to identify "the public benefit that would occur from such a change in the plan." The applicant's justification letter states that the "provision for more of a variety of housing types as encouraged in...the Comprehensive Plan". It is certainly the goal of the City to review and approve development that would provide housing which is affordable and viable for all categories of people. It may be considered that the City has gone through measured review to provide various areas throughout the City through the 2000 Comprehensive Plan to allow for the development of housing to accommodate people of varying tastes and expectations. For example, in Section 6.7 (g) of the Comprehensive Plan, the area on both sides of Eagle Road between Ranch Drive and Floating Feather Road specifically calls for higher density residential dwellings. Further, much of this land zoned or anticipated to be zoned for higher density housing has yet to be developed; certainly there is no shortage of available land to provide a housing development similar to what the applicant is proposing with this application. The "Comprehensive Plan Amendment" section (Chapter 13, Section 13.7 (c) (S)) asks for "An explanation of why no other solutions to the condition or situation which warrants a change in the Plan are possible or reasonable under the current policies of the Plan". The applicant's reply in the justification letter states "other solutions might be available in that additional land may be modified for Mixed Use for apartments however, this is a prime site for such a use and a developer is interested in providing this use at this site." As was mentioned earlier, there are other parcels that may be currently zoned or designated in the Comprehensive Plan to possibly allow the construction of a multi-family development. And, merely because a developer is interested in providing an apartment complex is not necessarily a solution to any certain existing condition. It must be shown that flISt, a situation needs to be changed and second, a solution to remedy the situation has been provided. In staff s opinion, neither of these elements is present. If information were provided that clearly demonstrated a need for apartments, this subject property is not necessarily the appropriate place to satisfy that need. Chapter 8, Section 8.1 of the Comprehensive Plan states in part: "In addition to adding new streets and roadways, modifications and extensions to the existing routes will be necessary in order to create a fully integrated, modem, efficient transportation system that will effectively serve the residents of the City, the business community and the traveling public". The applicant's concept plan shows a private road that would take access from State Street and "loop" through the development. The applicant has proposed two stub streets that would provide access to undeveloped properties to the east and the west. The property abutting the . . . Page 7 of 11 K:\Planning Dept\Eagle Applications\CPA\2001\CPA-1-O1 & RZ-11-01 ccf.doc eastern boundary of this site currently has public road access via West Cowman Court, which is a part of Rick's River Ridge Subdivision. The property to the west is accessed through a driveway with street frontage on State Street. Access is limited to these undeveloped sites because of both topographical restraints and lack of developed land surrounding the parcels; State Highway 44 and the Ballantyne Canal to the south provide no opportunity for viable access and the undeveloped land currently does not provide alternatives for more access. It is clearly evident that efficient and proper transportation routes are needed in this area, otherwise multiple pockets of incongruous development may be built due to limited and poorly designed access to major roadways. Further, existing intra-neighborhood connections (West Cowman Court) must be utilized; the foresight existed to provide the stub streets and they should be developed as they were intended, to provide "a fully integrated, modem, efficient transportation system that will effectively serve the residents of the City". A private road will not benefit nor serve the public needs of the City in this situation. For a private road to be warranted, certain criteria must be met, one of which is that it not interfere with the continuity of public streets. As stated previously, there are a lack of public streets and access in the area surrounding the site, except for the stub street West Cowman Court abutting the parcel to the east of this site. While this street does not immediately connect to this site, the City will, upon future development of the parcel to the east, require the road to be brought to the eastern boundary of this site. If a private road were constructed upon this site, a public road connection would not be possible since a private road cannot connect two public roads. Because of this lack of public road connection, properties further to the west of this site will be subject to limited development due to limited access and the City may lose an opportune chance to provide intra-neighborhood activity. In addition, the Eagle Fire Department, as noted in their letter dated September 25, 2001 and attached to this report, is concerned with the possibility of this development having only one access point. The safety of the citizens in this area must be taken into account and the provision of adequate public services is integral to approval of any proposed rezone. . To conclude, a community must set certain standards to achieve desired results and one of the ways to accomplish this is through the use of the Comprehensive Plan. It may be considered that if a community adheres to its requirements, development will eagerly attempt to meet the standards of the community because of the economic and lifestyle benefits that are fostered through the application of those standards. In staff s opinion, the applicant has not shown that a situation exists that warrants a change to the Comprehensive Plan, and no benefit resulting from the change has been presented. With the elements of the above mentioned discussions in mind, the proposed amendment to the comprehensive plan should be denied. STAFF RECOMMENDATION PROVIDED WITHIN THE STAFF REPORT: Based upon the information provided to staff to date staff recommends denial of the requested comprehensive plan amendment and rezone. PUBLIC HEARING OF THE COMMISSION: A. A public hearing on the application was held before the Planning and Zoning Commission on November 5, 2001, 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 Page 8 of 11 K:\Planning Dept\Eagle Applications\CPA\2001\CPA-1-O1 & RZ-I1-Ol ccf.doc by fourteen (14) individuals with concerns regarding the "moral security" that home ownership provides, degradation of single-family dwelling property values caused by multi-family and rental properties, higher crime rates due to influx of lower income housing and citizens, lack of care for community by renters, disapproval of a stub street accessing the subject site, increased traffic and concerns for safety of children.. C. Oral testimony in favor of this proposal was presented to the Planning and Zoning Commission by one (1) individual (other than the applicant) who felt that opportunities should always be available for people to be able to rent housing. D. Oral testimony neither in favor of nor in opposition of this proposal was presented to the Planning and Zoning Commission by two (2) individuals who felt that the cost of a parcel of land determines how a parcel develops and what uses occur on said parcels. E. Written testimony in opposition to this proposal was presented to the Planning and Zoning Commission by five (S) individuals with concerns regarding the negative impact the development will have on the surrounding neighborhoods, impact on already overcrowded schools, lowering of property values due to low income housing, increase in crime rates, property is not maintained by "potentially non-reliable renters". F. A petition in opposition to this proposal was previously submitted to the Planning and Zoning Commission which was signed by forty-seven (47) individuals. COMMISSION DECISION: The Commission voted S to 0 to recommend denial ofCPA-I-0l & RZ-ll-Ol for a comprehensive plan amendment and rezone with development agreement for James L. Jewett. PUBLIC HEARING OF THE COUNCIL: A. A public hearing on the application was held before the City Council on December 11, 200 I, 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 six (6) individuals with concerns regarding the incompatibility of the proposed development with surrounding properties, devaluation of property values in the area, negative impact on schools and traffic; "..other places in Eagle are already zoned for this type of development - no need to change the zoning of this site; rental units (as proposed with this development) are a negative influence on existing neighborhoods, in part, because a bunch of young people will be living there; renters do not take care of the property like homeowners do; there is less of a community type factor with this development; a patio home development where the units are owner-occupied would be more appropriate for this site." C. Oral testimony in favor of this proposal was presented to the City Council by no one (not including the applicant/representatives). D. Oral testimony neither in favor nor in opposition to this proposal was presented to the City Council by one (1) individual who understands that this property will get developed; wants it developed in a nice manner. E. Written testimony in opposition to this proposal was presented to the City Council by seven (7) Page 9 of 11 \\EAGLENT1\COMMON\Planning Dept\Eagle Applications\CPA\2001\CPA-I-01 & RZ-II-0l ccf.doc individuals with concerns regarding the negative impact the development will have on the surrounding neighborhoods, impact on already overcrowded schools, lowering of property values due to low income housing, increase in crime rates, property is not maintained by "potentially non-reliable renters" . COUNCIL DECISION: The Council voted 4 to 0 to deny CP A-I-Ol & RZ-ll-0l for a comprehensive plan amendment and rezone with development agreement for James L. Jewett. CONCLUSIONS OF LAW: 1. The application for this item was received by the City of Eagle on August 23, 2001. 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 September 29, 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 September 26,2001. Requests for agencies' reviews were transmitted on August 27, 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 November 24, 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 November 20,2001. 3. The Council reviewed the particular facts and circumstances of this proposed comprehensive plan amendment and rezone with development agreement (CPA-l-Ol & RZ-ll-Ol) and based upon the information provided concludes that the proposed comprehensive plan amendment and rezone with development agreement is not in accordance with the City of Eagle Comprehensive Plan and established goals and objectives because: 1. The applicant has not provided substantial evidence to show that a situation exists that warrants a change to the Comprehensive Plan, and no benefit resulting from the change has been presented. 2. The proposed higher density of this development is not compatible with the established land uses and zoning designations abutting this property. 3. The City recognizes the need for higher density residential housing, however, there are several areas within the City that are already appropriately zoned for this type of housing (ie. apartments, triplexes, fourplexes, duplexes, etc.) or are designated on the Comprehensive Plan Land Use Map as Mixed Use and may be considered for higher density residential. This site is designated on the Comprehensive Plan Land Use Map as Residential Four (up to four dwelling units per acre maximum). The Council stated consideration may be given to conceptual ideas which utilize the R-4 zomng designation to maintain a consistent density with the surrounding properties. Page 10 of II \\EAGLENT1\COMMON\Planning Dept\Eagle Applications\CPA\2001\CPA-1-OI & RZ-II-OI ccf.doc DATED this 22nd day of January 2002. CITY COUNCIL OF THE CITY OF EAGLE Ada Count Idaho , ø ""..,, ATTEST: d.. . ~ O.f I!.ti. Ò~~ ..~ .-.'--"s,. ';(; <t", 1 ~ (à." 0.. 8tø~. '\ L ~f '~41"" ~ (I~.J...-.- . ~o ~ . * í '--s hamo K. Moore. Eagle City ~ 1< (. .c;tJ ::L J... . ,= ~;) £..["1. t"'"' It ..~ß -::,>::)Y ... .~~.".~~~..~ "t- -.., "4HØ$"'" Page 11 of 11 \\EAGLENT1\COMMON\Planning Dept\Eagle Applications\CPA\2001\CPA-1-Ol & RZ-I1-OI ccf.doc