Findings - DR - 2002 - DR-39-02 - Common Area Landscaping In Timberland Estates Subdivision At 2800 W State St
BEFORE THE EAGLE DESIGN REVIEW BOARD
IN THE MATTER OF AN APPLICATION FOR A
DESIGN REVIEW OF THE COMMON AREA
LANDSCAPING WITHIN TIMBERLAND ESTATES
SUBDIVISION FOR CAPITAL DEVELOPMENT LLC
)
)
)
)
FINDINGS OF FACT AND CONCLUSIONS OF LAW
CASE NUMBER DR-39-02
The above-entitled design review application came before the Eagle Design Review Board for their
action on July 11, 2002. The Eagle Design Review Board 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:
Capital Development LLC, represented by David Koga with The Land Group, is requesting
design review approval of the common area landscaping within Timberland Estates Subdivision.
The site is located north of State Highway 44 approximately 1j¡-mile west of Ballantyne Road at
2800 West State Street.
B. APPLICATION SUBMITIAL:
The City of Eagle received the application for this item on June 5, 2002.
C. NOTICE OF PUBLIC HEARING:
Notice of this public hearing was mailed to abutting property owners of the subject property in
accordance with the requirements of Eagle City Code on June 21, 2002. Requests for agencies'
reviews were transmitted on June 11, 2002 in accordance with the requirements of the Eagle City
Code.
D. HISTORY OF RELEVANT PREVIOUS ACTIONS:
On April 9, 2002, the Eagle City Council approved a preliminary plat PP-13-0l for Timberland
Estates (formally Countryside West Subdivision).
E. COMPANION APPLICATIONS: DR-40-02 (Monument Sign for Timberland Estates)
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 One.
B. ZONING CODE PROVISIONS, WHICH ARE OF SPECIAL CONCERN REGARDING THIS
PROPOSAL:
. Section 8-2A-7(C)(l)
Retention Of Existing Trees: Existing trees shall be retained unless removal is approved in
writing by the City. Where trees are approved by the City to be removed from the project site
Page 1 of9
K:\Planning DeptlEagle ApplicationslDr\2002IDR-39-O2 land drf.doc
(or from abutting right of way) replacement with an acceptable species is required as
follows:
Existing Tree
1 inch to 6 inches cal.
61/4 inches to 12 inches
121/4 inches or more
Replacement
2x cal. of tree removed
1.5x cal. of tree removed
Ix cal. of tree removed
.
Section 8-2A- 7(C)(2)
Damage During Construction: Existing trees or shrubs that are retained shall be protected
from damage to bark, branches, or roots during construction. Construction or excavation
occurring within the drip line of any public or private retained tree or shrub may severely
damage the tree or shrub. Any severely damaged tree or shrub shall be replaced in
accordance with subsection C 1 of this Section.
.
Section 8-2A- 7(C)(3)
Grade Changes And Impervious Surfaces: Grade changes and impervious surfaces shall be
allowed at a distance from the trunk of a retained tree equal to the diameter of the tree trunk
plus six feet (6'), or to the drip line, whichever is furthest from the trunk.
.
Section 8-2A- 7(C)(4)
Minimum Landscaping: Existing vegetation which is to be retained may be used to satisfy
the minimum required landscaping.
.
Section 8-2A-7(J)(4)(c)
A minimum of seventy five feet (75') wide buffer area (not including right of way) shall be
provided with the following plants per one hundred (100) linear feet of right of way: six (6)
shade trees, ten (10) evergreen trees, four (4) flowering/ornamental trees, and twenty four
(24) shrubs. Each required shade tree may be substituted with two (2) flowering/ornamental
trees, provided that not more than fifty percent (50%) of the shade trees are substituted.
A minimum ten foot (10') high, maximum twelve foot (12') high, berm, panelized vinyl
fence, decorative block wall or cultured stone, decorative rock, or similarly designed
concrete wall, or combination thereof shall be provided within the buffer area. The
maximum slope for any berm shall be three feet (3 ') horizontal distance to one foot (1 ')
vertical distance. If a panelized vinyl fence, decorative block wall, or cultured stone,
decorative rock, or similarly designed concrete wall is to be provided, in combination with
the berm, a four foot (4') wide flat area at the top of the berm shall be provided for the
placement of the fence or decorative block wall. Panelized vinyl fencing shall be no higher
than four feet (4'). Chainlink, cedar, and similar high maintenance and/or unsightly fencing
shall not be permitted.
.
Section 8-2A- 7(J)(6)(a)
For design flexibility, half of the required shade trees may be substituted on a two-to-one
(2:1) basis with ornamental and evergreen trees.
C. PRELIMINARY PLAT PROVISIONS, WHICH ARE OF SPECIAL CONCERN REGARDING
THIS PROPOSAL:
.
Construct concrete ribbon curbs and a minimum 5-foot wide detached concrete sidewalk on both
Page 2 of9
K:\Planning DeptlEagle Applications\Dr\2002IDR-39-021and drf.doc
.
sides of each internal street. All street sidewalks shall be separated from the curb a minimum of
8-feet to allow grassy swales and trees to be planted between the sidewalks and the curb. The
front slope of the swale (between the road and bottom of swale) shall be a maximum of 3: I and
the back slope of the swale (between the sidewalk and bottom of swale) shall be a maximum of
4:1. The depth of the swale (as measured from the edge of pavement) shall be a maximum of2-
feet.
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, between the curb and sidewalk. The trees shall be located on the top of the back slope of
the grassy swale between 2 Yz-feet and 3-feet from the edge of sidewalk. Street trees, sodded
swales, and automatic irrigation shall be installed prior to obtaining any occupancy permits for
the homes. A temporary occupancy may be issued if weather does not permit landscaping,
provided the homeownerlbuilder provides a surety for 150% of the cost for the purchase and
installation of the tree(s), sod, and irrigation.
The applicant shall provide a landscape plan showing berming, fencing, and planting details
within the required 75-foot wide buffer area (easement line to be delineated 90-feet from the
existing right-of-way line) along State Highway 44 abutting this site for review and approval by
the Design Review Board prior to City approval of a final plat. The applicant shall submit an
application for an alternate method of compliance to the Design Review Board for review and
approval in order to construct a buffer area in front of the existing dwelling unit on Lot 6, Block
3, prior to the City approving a final plat.
Extend the landscaping within the buffer area along State Highway 44 to within 9-feet from the
edge of pavement. The 9-feet between the landscaping and edge of pavement (along the entire
frontage of this site) shall be graveled as approved by lTD. The gravel shoulder area shall be
maintained and kept free of weeds and debris.
Provide a license agreement from ITD approving the landscaping located within the public right-
of-way of State Highway 44 abutting the site, prior to the City Clerk signing the final plat.
.
.
.
D. DISCUSSION:
.
The applicant is proposing to retain all the existing trees located on this site. A plan showing
construction fencing around the existing trees (a minimum of 10-feet from the trunk of the tree
or at the drip line of the tree (whichever is closer» to prevent any damage within the drip line of
the trees should be submitted to the City. The construction fencing should be installed prior to
commencing any site work. A cup or dam should be built within the drip line of each tree in
order to retain water and the trees shall be watered on a regular basis. No construction activity
whatsoever should take place within the drip line of the trees.
The applicant has proposed eight (8) shade trees, forty nine (49) evergreen trees, sixteen (16)
flowering/ornamental trees, and one hundred and seventy one (171) shrubs along the four
hundred and forty (440') linear feet of frontage abutting State Highway 44. Per Eagle City Code,
the applicant is required to provide twenty six (26) shade trees, forty (40) evergreen trees, sixteen
(16) flowering/ornamental trees, and ninety six (96) shrubs abutting State Highway 44. Per
Eagle City Code, existing vegetation which is to be retained may be used to satisfy the minimum
required landscaping. In addition Eagle City Code allows deciduous trees to be substituted on a
two-to-one (2: 1) basis with ornamental and evergreen trees. The applicant is proposing to retain
all the existing trees located within this development and has proposed nine (9) additional
evergreen trees which is equivalent to four (4) deciduous trees within the berm adjacent to State
.
Page 3 of9
K:\Planning DeptlEagle Applications\Dr\2002IDR-39-02 land drf.doc
.
Highway 44. It is staffs opinion that by retaining the existing trees and providing additional
evergreen trees, as shown on the landscape plan sheet DR-2 dated by the City on June 5, 2002,
that the applicant has met or exceeded the required deciduous tree plantings within the bermed
area for this development.
No utility easements have been shown within the common area landscape buffer. Typically
when the gas company installs a gas regulation station they install chainlink fence with slats
around the station. Per Eagle City Code, chainlink with slats is prohibited. The developer
should be required to work with the gas, electrical and phone companies to provide screening of
any proposed gas regulation stations, electrical transformers and phone distribution boxes with
landscaping on the non-operational sides to provide screening of that equipment from view. The
applicant should be required to provide a revised landscape plan showing the plant material
planted around the equipment. The revised landscape plan should be reviewed and approved by
the Design Review Board prior to the City Clerk signing the final plat.
The applicant has indicated on the landscape plan that sod is to extend to within six feet (6') of
the edge of pavement on State Highway 44. Per the approval of the preliminary plat for
Timberland Estates (formally Countryside West) the applicant is required to extend the
landscaping within the buffer area along State Highway 44 to within 9-feet from the edge of
pavement. The 9-feet between the landscaping and edge of pavement (along the entire frontage
of this site) should be graveled as approved by ITD. The gravel shoulder area should be
maintained and kept free of weeds and debris.
The applicant should be required to provide a license agreement from lID approving the
landscaping located within the public right-of-way of State Highway 44 abutting the southern
boundary of this site prior to the City Clerk signing the final plat.
The applicant has not shown a street lighting plan. The applicant should be required to provide a
street light plan showing location, height, and wattage. The street light plan should be reviewed
and approved by staff prior to the City Clerk signing the final plat.
Staff defers comment regarding the landscaping to the Design Review Board.
.
.
.
STAFF RECOMMENDATION PROVIDED WITIDN THE REPORT:
.
Based upon the information provided to staff to date, 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 BOARD:
A. A public hearing on the application was held before the Design Review Board on July 11, 2002, at
which time testimony was taken and the public hearing was closed. The Board made their decision
at that time.
B. Oral testimony in opposition to this proposal was presented to the Design Review Board by no one.
C. Oral testimony in favor of this proposal was presented to the Design Review Board by no one (not
including the applicant).
BOARD DECISION:
The Board voted 5 to 0 (Christensen absent) to approve DR-39-02 for a design review
application of the common area landscaping within Timberland Estates Subdivision with the
following staff recommended site specific conditions of approval and standard conditions of
approval with text shown with underline to be added by the Board.
Page 4 of9
K:\Planning DeptlEaglc ApplicationslDr\2002IDR-39-02 land drf.doc
SITE SPECIFIC CONDITIONS OF APPROVAL:
1. Comply with any applicable requirements of Timberland Estates Subdivision (formally Countryside
West - PP-13-0l).
2. A plan showing construction fencing around the existing trees (a minimum of lO-feet from the trunk
of the tree or at the drip line of the tree (whichever is closer» to prevent any damage within the drip
line of the trees shall be submitted to the City. The construction fencing shall be installed prior to
commencing any site work. A cup or dam shall be built within the drip line of each tree in order to
retain water and the trees shall be watered on a regular basis. No activity whatsoever shall take place
within the drip line of the trees.
3. Work with the gas, electrical and phone companies to provide screening of any proposed gas
regulation stations, electrical transformers and phone distribution boxes with landscaping on the non-
operational sides to provide screening of that equipment from view. The applicant shall be required
to provide a revised landscape plan showing the plant material planted around the equipment. The
revised landscape plan shall be reviewed and approved by the Design Review Board prior to the City
Clerk signing the final plat.
4. Extend the landscaping within the buffer area along State Highway 44 to within 9-feet from the edge
of pavement. The 9-feet between the landscaping and edge of pavement (along the entire frontage of
this site) shall be graveled as approved by lTD. The gravel shoulder area shall be maintained and
kept free of weeds and debris.
5. Provide a license agreement from ITD approving the landscaping located within the public right-of-
way of State Highway 44 abutting the southern boundary of this site prior to the City Clerk signing
the final plat.
6. Provide a street light plan showing location, height, and wattage. The street light plan shall be
reviewed and approved by staff prior to the City Clerk signing the final plat.
7. Submit payment to the City for all Engineering and arborist fees incurred for reviewing this project
prior to the City Clerk signing the final plat.
8. The applicant shall be required to comply with any applicable conditions placed on this application
by the City Engineer.
9. No signs are proposed with this application. A separate design review application is required for the
approval of any signs.
10. The arborist r~ort provided by Linda Jarslçy. date stamped by the City on June 26.2002. has been
reviewed. The followini trees shall be removed from this development without replacement
compensation: Trees # 10. 11. 12. 13. and 26. All other trees or iroups of trees not noted herein shall
be retained on site.
11. The arborist r~ort provided by Linda Jarslçy. date stamped by the City on June 26. 2002. indicates
tree #4 havin~ severe trunk dama~e and recommends removal. However, the landscape plan date
stamped by the City on June 5. 2002. indicates that this tree is to be retained and that the landscape
berm is to meander around the base of this tree. The ap"plicant shall be reQJ.lired to review the
condition of tree #4 identified in the arborist report. Based l\Pon this new information. if the tree is
to be removed the applicant shall be required to provide a revised landscape plan addini additional
plant material (i.e.: trees. shrubs, rocks. etc.) to blend in with the landscapin~ as proposed on the rest
of the berm. The revised landscape plan shall be reviewed and approved by staff and one member of
the Desiill Review Board prior to City Clerk siillini the final plat.
12. A licensed tree sur~eon or arborist shall provide thinnini to the existini trees located on Lot.2. Block
Page 5 of9
K\Planning DeptlEagJe Applications\Dr\2002IDR-39-02Iand drf.doc
1. and Lot 4. Block 3. The thinnin~ of these existin~ trees shall be completed prior to issuance of a
certificate of occupancy for that particular lot. The existin~ trees located on the east property line of
Lots 3 and 4. Block 3 shall be retained "as-is" without any additional thinnin~.
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,
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 or Certificate of
Occupancy, whichever occurs first.
2. Idaho Department of Health & Welfare approval of the sewer and water facilities is required prior
issuance of any building permits or Certificate of Occupancy, whichever occurs first.
3. All permits from Central District Health, Eagle Sewer District & Eagle Fire District shall be secured
prior to issuance of building permit or Certificate of Occupancy, whichever occurs first.
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 or Certificate of Occupancy, whichever occurs first.
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 or Certificate of Occupancy, whichever
occurs first.
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 or
Certificate of Occupancy, whichever occurs first. 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 or Certificate of Occupancy, whichever occurs first.
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 (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
Page 6 of9
K:\Planning DeptlEagle Applications\Dr\2002IDR-39-02 land drf.doc
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 or Certificate of
Occupancy, whichever occurs first.
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 or Certificate of Occupancy, whichever
occurs first.
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 or Certificate of Occupancy, whichever occurs
first. 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."
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.
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 or Certificate of Occupancy, whichever occurs first.
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 permit or Certificate of Occupancy, whichever occurs first.
15. The applicant shall comply with the provisions ofthe Eagle City Code, pertaining to floodplain and
river protection regulations (if applicable) prior to issuance of a building permit or Certificate of
Page 7 of 9
IllPlanning DeptlEagle ApplicationslDr\2002IDR-39-02 land drf.doc
Occupancy, whichever occurs first.
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
or Certificate of Occupancy, whichever occurs first.
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 or
Certificate of Occupancy, whichever occurs first.
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.
22. Any modification of the approved design review plans, including, but not limited to building design,
location and details, landscaping, parking, and circulation, must be approved prior to construction!
installation of such changes. Failure to do so may result in the requirement to modify the project to
comply with the approved design review and/or result in the inability to issue a final approval for
occupancy of this project.
23. Any change by the applicant in the planned use ofthe 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
advises the City of Eagle of its intent to change the planned use of the subject property unless a
waiver/variance of said requirements or other legal relief is granted pursuant to the law in effect at
the time the change in use is sought.
23. Approval of any Design Review shall expire without notice to the applicant on the date of expiration
of the Design Review if construction has not started prior to that date, as stipulated in Eagle City
Code (one year from the Design Review Board approval date).
25. All ground-mounted accent lighting fixtures and monument sign lighting fixtures shall be screened
from view with the use of landscaping (top of the fixture shall be no higher than the surrounding
landscaping). The light source itself shall otherwise be screened as provided for within Eagle City
Code.
26. 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 5, 2002.
2. Notice of this public hearing was mailed to abutting property owners of the subject property in
Page 8 of9
K;IPlanning DeptlEagle ApplicationslDr\2002IDR-39-O2 land drfdoc
accordance with the requirements of Eagle City Code on June 21, 2002. Requests for agencies'
reviews were transmitted on June 11, 2002 in accordance with the requirements of the Eagle City
Code.
3. The Board reviewed the particular facts and circumstances of this proposed design review
application (DR-39-02) with regard to the Eagle City Code Title 8, Chapter 2, Article A. DR Design
Review Overlay District, and based upon the infonnation provided with the conditions required
herein, concludes that the proposed design review application is in accordance with the Eagle City
Code and the Eagle Comprehensive Plan.
DATED this 8th day of August 2002.
DESIGN REVIEW BOARD
OF THE CITY OF EAGLE
A~~
James G. Murray, Chainnan
ATTEST:
i
_",III"'"",
~...",~ OF BA.O;"~
#,~ ~
I (j ~,OR.~l'
i . (j° ~ i
: ~ : _.- '* -
-"JO. - J
\ \~ SBAL$ 0
~ ..(>0 Â9."Io.: _4ii
..~ ~').. ..~J>Otl""\.. ..... ~
,,#..,.. ........ ,. ,,,OJ
###"~ 'l'E 012 \'9"""
"""'.u.."'"
Page 9 of9
K:lPlanning DeptlEagle ApplicationslDr\2002IDR-39-02 land drf.doc