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HomeMy WebLinkAboutBrockton Subdivision PP-04-013 BEFORE THE CITY COUNCIL OF THE CITY OF MERIDIAN IN THE MATTER OF THE REQUEST FOR PRELIMINARY PLAT FOR BROCKTON SUBDIVISION FOR 10 COMMERCIAL BUILDING LOTS ON 4.10 ACRES LOCATED ON THE WEST SIDE OF LOCUST GROVE ROAD, APPROXIMA TEL Y % OF A MILE NORTH OF USTICK ROAD, WITHIN SECTION 31, TOWNSHIP 4 NORTH, RANGE 1 EAST, MERIDIAN, IDAHO BY: CONFLUENCE MANAGEMENT, LLC, APPLICANT C/C 07/13/04 ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) Case No. PP-O4-013 FINDINGS OF FACT AND CONCLUSIONS OF LAW AND ORDER OF CONDITIONAL APPROVAL OF PRELIMINARY PLAT The above entitled matter coming on regularly for public hearing before the City Council on July 13, 2004, and Anna Borchers Canning Planning Director for the Planning and Zoning Department, Becky McKay, Joe Canning, and Beverly Donohue, appeared and testified, and the City Council having received a report from Craig Hood for the Planning and Zoning Department, and Bruce Freckleton, Engineering Technician III, and the City Council having received as part of the record of this matter the recommendation to City Council of the Planning and Zoning Commission and the Preliminary Plat "BROCKTON SUBDIVISION, SECTION 31, TAN., R.1E., B.M., MERIDIAN, ADA COUNTY, IDAHO, PRELIMINARY PLAT, DWG.DATE FINDINGS OF FACT AND CONCLUSIONS OF LAW AND ORDER OF CONDITIONAL APPROVAL OF PRELIMINARY PLAT BROCKTON SUBDIVISION / (pP-04-013) Page 1 ofl5 03/17/04 BKB, PROJ. NO. 40106, SHEET 1 OF I PRE, /40 1 06-PRE.DWG, REVISIONS: 07/13/04 BKB, STAMPED: JUL 13 2004 CITY OF MERIDIAN CITY CLERK OFFICE, CONFLUENCE, LLC - DEVELOPER, HERBERT LEE - OWNERS OF RECORD, BECKY McKAY - PLANNER/CONTACT", Confluence Management, LLC, Developer, submitted for preliminary plat approval and which preliminary plat for approval application is herein received and adjudged by the City Council pursuant to Meridian City Code § 12-3-3. Therefore the City Council makes the following fIDdings: FINDINGS OF FACT 1. That the proposed development is in conformance with the Amended Comprehensive Plan by reason of the fact that it lies within the existing Urban Area as defined in the Meridian Comprehensive Plan Generalized Land Use Map, Infrastructure Planning Analysis Amended Comprehensive Plan Map, adopted August 6, 2002, Resolution No. 02-382, and the property is presently zoned RUT by Ada County, however, an application for annexation and zoning to L-O is before the Council, and requires connection to the Municipal Water and Sewer System. [Meridian City Code § 11-7-2G] 2. It is found that the proposed application considerably complies with the adopted Future Land Use Map of the Comprehensive Plan (Chapter VII) and other policies, as noted "A" in the Annexation and Zoning Analysis of the staff report. The proposed office uses comply with the sample uses for this mixed-use classification. With the approval of the applicant's requested modifications with the CUP/PD, and if the FINDINGS OF FACT AND CONCLUSIONS OF LAW AND ORDER OF CONDITIONAL APPROVAL OF PRELIMINARY PLAT BROCKTON SUBDIVISION I (pP-04-013) Page 2 of 15 applicant complies with the conditions included in the staff report, the uses, lot configuration and overall design of the subdivision would be in general conformance with the City of Meridian Comprehensive Plan. The Conditional Use Permit/Planned Development Analysis within the staff report does provide further assessment ofthe proposed development and associated deviations from development standards. 3. It is found that the project can be provided sanitary sewer and water service via the existing mains adjacent to the project site. On May 5, 2004, the ACHD Commission voted to approve this development with site-specific and standard conditions. Review of the ACHD report for this project will provide additional information. On May 14, 2004, a joint agency/department comments meeting was held with representatives of key service providers to this property. Detailed conditions from these agencies are included in the Decision and Order, conditions of approval number 2. hereinbelow. All other public services and facilities noted above appear to be adequate to serve this property. The developer will be financing the extension of sewer, water, local street infrastructure, utilities and irrigation services to serve the project. The primary public costs to serve the future residents will be fire and police services. It is found that there will not be excessive additional requirements at public cost and that the annexation and zoning will not be detrimental to the community's economic welfare. FINDINGS OF FACT AND CONCLUSIONS OF LAW AND ORDER OF CONDITIONAL APPROVAL OF PRELIMINARY PLAT BROCKTON SUBDIVISION I (pP-04-013) Pagd ofl5 4. The developer is installing sewer, water, utilities and irrigation, for the development at their cost, and it is found that the subdivision will not conflict with the capital improvement program. 5. It is found that the City and its related services are capable of servicing the proposed development. The development will not require major expenditures for providing supporting services. The Meridian Fire Department has submitted comments on the proposed development, and which conditions are set forth within the conditions listed in the Decision and Order in paragraph number 2. hereinbelow. 6. It is estimated that this development will generate 393 vehicle trips per day. It is recognized that traffic and noise will increase with the approval of this development; however, it is not believed that the amount generated will be detrimental to the general welfare of the public. It is not anticipated that the proposed annexation and subsequent uses will create excessive noise, smoke, fumes, glare, or odors. It is found that the proposed office zoning/uses will not be detrimental to people, property or the general welfare of the area. It is found that any future use would impact the level and flow of traffic on the surrounding streets to some degree. Sidewalk improvements to Locust Grove Road are required of the developer to bring the facilities up to acceptable standards. The applicant should comply with ACHD policies in order to preserve the capacity and movement on the adjacent roadways. FINDINGS OF FACT AND CONCLUSIONS OF LAW AND ORDER OF CONDITIONAL APPROVAL OF PRELIMINARY PLAT BROCKTON SUBDIVISION / (pP-04-013) Page 4 of15 It is found that the proposed development will not result in the destruction, loss or damage of natural features. 7. The applicant has submitted for consideration of this approval drawing of the preliminary plat herein designated as "BROCKTON SUBDIVISION, SECTION 31, TAN., RIE., B.M., MERIDIAN, ADA COUNTY, IDAHO, PRELIMINARY PLAT, DWG.DATE 03/17/04 BKB, PROJ. NO. 40106, SHEET 1 OF 1 PRE, /40106- PRE.DWG, REVISIONS: 07/13/04 BKB, STAMPED: JUL 13 2004 CITY OF MERIDIAN CITY CLERK OFFICE, CONFLUENCE, LLC - DEVELOPER, HERBERT LEE - OWNERS OF RECORD, BECKY McKAY - PLANNER/CONTACT". DECISION AND ORDER Pursuant to the City Council's authority as provided in Meridian City Code § 12-3-5 and based upon the above and foregoing Findings of Fact which are herein adopted: IT IS HEREBY ORDERED AND THIS DOES ORDER 1. The Preliminary Plat of the applicant as evidenced by having submitted the Preliminary Plat "BROCKTON SUBDIVISION, SECTION 31, TAN., RIE., B.M., MERIDIAN, ADA COUNTY, IDAHO, PRELIMINARY PLAT, DWG.DATE 03/17/04 BKB, PROJ. NO. 40106, SHEET 1 OF I PRE, /40106-PRE.DWG, REVISIONS: 07/13/04 BKB, STAMPED: JUL 13 2004 CITY OF MERIDIAN CITY CLERK OFFICE, CONFLUENCE, LLC - DEVELOPER, HERBERT LEE - OWNERS OF RECORD, BECKY McKAY - FINDINGS OF FACT AND CONCLUSIONS OF LAW AND ORDER OF CONDITIONAL APPROVAL OF PRELIMINARY PLAT BROCKTON SUBDIVISION / (pP-O4-O13) Page 5 ofl5 PLANNER/CONTACT", Confluence Management, LLC, Developer is hereby conditionally approved; and 2. The conditions of approval are as follows to-wit: A. Adopt the Special Recommendations of the Planning and Zoning Commission as follows: 1. Modify the third sentence of Site Specific Condition #2 on Page 13 by deleting "AND/OR in document such as CCR's." 2. Modify Site Specific Condition #5 on Page 13 by removing the word "future" from the second sentence. 3. Modify Site Specific Condition #9 on Page 13 to read: "Maintenance of all common areas, including but not limited to: drive aisles, parking aisles, amenities, landscaping, drainage areas, etc., shall be the responsibility of the Brockton Business Owners' Association and so noted on the face of the final plat." B. Adopt the Conditions and Recommendations of the Meridian Planning & Zoning and Public Works Departments, as modified by the Planning & Zoning Commission, as follows: SITE SPECIFIC CONDITIONS (PRELIMINARY PLAT) 1. All conditions of the Annexation and Zoning (AZ-04-01O) and CUP/PD (CUP-04- 012) applications shall also be considered conditions of the Preliminary Plat (pP-04- 013). 2. Provide a note on the plat granting cross-access to the lot to the north (Parcel #S0531417685) to utilize the new drive aisles as access to Locust Grove Road. Because several of the proposed lots do not have frontage on a public street, the applicant shall provide a recorded cross parking/cross access agreement for all of the new lots within the subdivision to utilize the driveways and parking to the Planning and Zoning Department. Maintenance of the drive aisles and parking areas should be provided for in a note on the face of the final plat, AND/OR iB R àeeaffieHt see!!. RG ~ The applicant shall provide the required documents prior to the City Engineer's signature of the final plat. Unless otherwise approved by the City and ACHD, direct lot or parcel access to Locust Grove Road is prohibited. FINDINGS OF FACT AND CONCLUSIONS OF LAW AND ORDER OF CONDITIONAL APPROVAL OF PRELIMINARY PLAT BROCKTON SUBDIVISION I (pP-04-013) Page 6 of15 3. Any fire lane greater than ISO-feet in length that is not provided with an outlet shall be required to have a Fire Department approved turnaround. 4. Dedicate right-of-way (or preserve area for future dedication) for Locust Grove Road as required by ACHD. 5. Construct a minimum 25-foot wide landscape buffer adjacent to Locust Grove Road. Said landscape buffer shall be located beyond any fature--street right-of-way for Locust Grove Road. The Brockton Business Owners' Association shall be responsible for maintaining said landscape buffer. 6. Construct a minimum 5-foot wide detached sidewalk on Locust Grove Road abutting the site 7. An underground, pressurized irrigation system shall be installed to all landscape areas per the approved specifications and in accordance with MCC 12-13-8 and MCC 9-1-2. 8. All irrigation ditches, laterals or canals, exclusive of natural waterways, intersecting, crossing or lying adjacent and contiguous to the area being subdivided shall be tiled per MCC 12-4-13. Plans will need to be approved by the appropriate irrigation/drainage district, or lateral users association (ditch owners), with written approval or non-approval submitted to the Public Works Department. Iflateral users association approval can not be obtained, plans will be reviewed and approved by the City Engineer prior to final plat signature. 9. Maintenance of all common areas, including but not limited to: drive aisles, parking _aisles, amenities, landscaping, drainage areas, etc., shall be the responsibility of the Brockton Business Owners' Association and so noted on the face of the fmal plat. 10. A detailed fencing plan shall be submitted upon application of the final plat (MCC l2-4-l0.F.3). All fencing shall be installed in accordance with MCC 12-4-10. Ifno permanent fencing is provided, temporary construction fencing to contain debris must be installed around the perimeter prior to issuance of a building permit. 11. A drainage plan designed by a State ofIdaho licensed architect or engineer is required and shall be submitted to the City Engineer (Ord. 557, 10-1-91) for all off-street parking areas. Storm water treatment and disposal must be designed in accordance with Department of Environmental Quality 1997 publication Catalog of Storm Water Best Management Practices for Idaho Cities and Counties and FINDINGS OF FACT AND CONCLUSIONS OF LAW AND ORDER OF CONDITIONAL APPROVAL OF PRELIMINARY PLAT BROCKTON SUBDIVISION I (pP-04-013) Page 7 ofl5 City of Meridian standards and policies. Off-site disposal into surface water is prohibited unless the jurisdiction which has authority over the receiving stream provides written authorization prior to development plan approval. The applicant is responsible for filing all necessary applications with the Idaho Department of Water Resources regarding Shallow Injection Wells. 12. Sewer and water service shall be via main line extension from the existing mains adjacent to the subject site. The subdivision designer to coordinate main sizing and routing with the Public Works Department. The applicant shall execute City of Meridian standard forms of easements, for any mains that are required to provide service. STANDARD CONDITIONS (PRELIMINARY PLAT): I. Prior to signature of the final plate s) by the City Engineer, a letter of credit or cash surety in the amount of 110% will be required for all fencing, landscaping, pressurized irrigation, sanitary sewer, water, etc. that has not been completed. 2. Streetlights may be required at locations designated by the Public Works Department. All streetlights shall be. installed at the expense of the applicant. Typical locations are at street intersections and/or fire hydrants. Final design locations and quantity are determined after power designs are completed by Idaho Power Company. The street light contractor shall obtain design and permit from the Public Works Department prior commencing installations. 3. Down-shield or otherwise alter all exterior lighting, whether attached to the building or located within the parking area, so that the light does not spill over onto adjacent properties or rights-of-way. All parking lot lighting shall be in accordance with Ordinance 1I-14-4.C. 4. Please submit groundwater/soils monitoring data, as collected and analyzed by a soils scientist, to the Public Works Department for review. Any drainage areas (detention/retention basins) must be designed to ensure that water will percolate or discharge with a period of time not to exceed 24-hours for all storms up to and including a 100-year storm events. Side slopes within drainage areas shall not exceed 3:1. Any portion of a drainage area not improved with sod/grass seed (or other approved landscaping) shall not count towards the required open space area. The project engineer should pay close attention to the results of field studies determining the groundwater, soil type & and characteristics during the design and construction phases. 5. All signage shall be in accordance with the standards set forth in Section 11-14 of FINDINGS OF FACT AND CONCLUSIONS OF LAW AND ORDER OF CONDITIONAL APPROVAL OF PRELIMINARY PLAT BROCKTON SUBDMSION I (pP-04-013) Page 8 of15 the City Zoning and Development Ordinance. All signage is subject to design review and shall require separate permits. Temporary or portable signs shall be prohibited, and will be removed upon three (3) days notice to the applicant. 6. Coordinate mailbox locations with the Meridian Post Office. 7. Any existing domestic wells and/or septic systems within this project will have to be removed from their domestic service per City Ordinance Section 9-1-4 and 9-4-8. Wells may be used for non-domestic purposes such as landscape irrigation. 8. Compaction test results must be submitted to the Meridian Building Department for all building pads receiving engineered backfill, where footing would sit atop fill material. 9. Staff's failure to cite specific ordinance provisions or terms of the approved annexation/conditional use does not relieve the Applicant of responsibility for compliance. C. Adopt the Recommendations of ACHD as follows: Site Specific Conditions of ADDroval I. The applicant shall do one of the following: a. Dedicate by donation a total of 35-feet of right-of-way along Locust Grove Road, and construct a minimum 5-foot wide concrete sidewalk along Locust Grove Road, located a minimum of 28-feet from the centerline of the right- of-way. b. Do not dedicate additional right-of-way, but construct a minimum 5-foot wide concrete sidewalk along Locust Grove Road, located a minimum of 28-feet from the centerline of the right-of-way, in an easement provided to the District. c. Do not dedicate additional right-of-way, but construct a minimum 5-foot wide concrete sidewalk along Locust Grove Road, located at the back edge of the existing right-of-way. Accomplish all necessary adjustments to properly accommodate existing drainage and utilities. 2. Construct one 30-foot wide driveway intersecting Locust Grove Road in alignment with Surnmerridge Drive on the east side of Locust Grove. The FINDINGS OF FACT AND CONCLUSIONS OF LAW AND ORDER OF CONDmONAL APPROVAL OF PRELIMINARY PLAT BROCKTON SUBDIVISION / (pP-O4-013) Page90fl5 driveway shall be constructed as a curb return type driveway with IS-foot radii. The driveway shall be paved its full width and at least 30-feet into the site. 3. Direct lot access to Locust Grove Road is prohibited and shall be noted on the final plat. 4. Comply with all Standard Conditions of Approval. Standard Conditions of Approval 1. Any existing irrigation facilities shall be relocated outside ofthe right-of-way. 2. All utility relocation costs associated with improving street frontages abutting the site shall be borne by the developer. 3. Replace any existing damaged curb, gutter and sidewalk and any that may be damaged during the construction of the proposed development. Contact Construction Services at 387-6280 (with file number) for details. 4. Utility street cuts in pavement less than five years old are not allowed unless approved in writing by the District. Contact the District's Utility Coordinator at 387-6258 (with file numbers) for details. 5. All design and construction shall be in accordance with the Ada County Highway District Policy Manual, ISPWC Standards and approved supplements, Construction Services procedures and all applicable ACHD Ordinances unless specifically waived herein. An engineer registered in the State ofIdaho shall prepare and certify all improvement plans. 6. The applicant shall submit revised plans for staff approval, prior to issuance of building permit (or other required permits), which incorporates any required design changes. 7. Construction, use and property development shall be in conformance with all applicable requirements of the Ada County Highway District prior to District approval for occupancy. 8. Payment of applicable road impact fees are required prior to building construction in accordance with Ordinance #198, also known as Ada County Highway District Road Impact Fee Ordinance. FINDINGS OF FACT AND CONCLUSIONS OF LAW AND ORDER OF CONDITIONAL APPROVAL OF PRELIMINARY PLAT BROCKTON SUBDMSION / (pP-04-013) Page 10 of15 9. It is the responsibility of the applicant to verify all existing utilities within the right-of-way. The applicant at no cost to ACHD shall repair existing utilities damaged by the applicant. The applicant shall be required to call DIGLINE (1- 800-342-1585) at least two full business days prior to breaking ground within ACHD right-of-way. The applicant shall contact ACHD Traffic Operations 387- 6190 in the event any ACHD conduits (spare or filled) are compromised during any phase of construction. 10. No change in the terms and conditions of this approval shall be valid unless they are in writing and signed by the applicant or the applicant's authorized representative and an authorized representative of the Ada County Highway District. The burden shall be upon the applicant to obtain written confirmation of any change from the Ada County Highway District. 11. 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 advises the Highway District 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. D. Adopt the Meridian Fire Department Recommendations as follows: I. Final approval of the fire hydrant locations shall be by the Meridian Fire Department. a. Fire Hydrants shall have the 4 y," outlet face the main street or parking lot aisle. The Fire hydrant shall not face a street which does not have addresses on it. Fire hydrant markers shall be provided per Public Works spec. Locations with fire hydrants shall have the curb painted red 1 0' to each side of the hydrant location. Fire Hydrants shall be placed on comers. Fire hydrants shall not have any vertical obstructions to outlets within 1 0'. b. c. d. e. f. 2. The phasing plan may require that any roadway greater than 150' in length that is not provided with an outlet shall be required to have an approved turn around. 3. All entrance and internal roads shall have a turning radius of 28' inside and 48' outside radius. FINDINGS OF FACT AND CONCLUSIONS OF LAW AND ORDER OF CONDITIONAL APPROVAL OF PRELIMINARY PLAT BROCKTON SUBDIVISION / (pP-04-013) Page 11 orIS 4. Provide a 20' wide Fire Lane for all internal & external roadways. 5. Operational fire hydrants and ternporary or permanent street signs are required before combustible construction begins. 6. Fire lanes and streets shall have a vertical clearance of 13'6". This includes mature landscaping. 7. Commercial and office occupancies will require a fife-flow consistent with the International Fire Code to service the proposed project. Fire hydrants shall be placed an average of 300' apart. 8. The 10 office lots will have an unknown transient population and will have an unknown impact on Meridian Fire Department call volumes. The Meridian Fire Department has experienced 2397 responses in the year 2003. According to a report completed by Fire & Emergency Services Consulting Group our requests for service are projected to reach 2800 in the year 2005 and 3800 by the year 20 10. 9. Maintain a separation of5' from the building to the dumpster enclosures. 10. In areas determined by the Fire Department to be fire lanes, paint the curb red and provide signage "No Parking Fire Lane." II. All processes & storage practices shall be required to comply with the International Fire Code. 12. All portions of the buildings located on this project must be within 150' of a paved surface. E. Adopt the Recommendations of the Central District Health Department as follows: 1. This proposal can be approved for central sewage & central water after written approval from appropriate entities is submitted. 2. The Applicant's central sewage and central water plans must be submitted to and approved by the Idaho Department of Health & Welfare, Division of Environmental Quality. 3. Run-offis not to create a mosquito breeding problem. FINDINGS OF FACT AND CONCLUSIONS OF LAW AND ORDER OF CONDITIONAL APPROVAL OF PRELIMINARY PLAT BROCKTON SUBDIVISION / (pP-04-013) Page 12 of15 4. Stormwater shall be pretreated through a grassy swale prior to discharge to the subsurface to prevent impact to groundwater and surface water quality. 5. The engineers and architects involved with the design of the subject project shall obtain current best management practices for stormwater disposal and design a stormwater management system that prevents groundwater and surface water degradation. F. Adopt the Recommendations of the Meridian Parks Department as follows: I. Standard for Mitigation of trees: The standard established in the City of Meridian Landscape Ordinance will be followed. 2. Standard Plan for Protection of Existing Trees during Construction: The standard established in the City of Meridian Landscape Ordinance will be followed. G. Adopt the Recommendations of the Settlers' Irrigation District as follows: 1. All irrigation/drainage facilities along with their easements must be protected and continue to function. The facility involved is the White Drain (Parkins Nourse Drain) located at the north property boundary flowing east to west. A 20' easement is required. 2. A Land Use Change Application must be on file prior to any approvals. 3. A license agreement must be on file prior to any approvals. 4. Any changes to the existing irrigation system such as relocation, tiling, and landscaping must be approved by Settlers Irrigation District. 5. All storm drainage must be retained on-site. 6. The development must supply irrigation access to all lots within the above- mentioned subdivision. If the developer wishes to have Settlers Irrigation District own, operate, and maintain the pressure irrigation system an agreement needs to be in place prior to the pre-construction meeting. FINDINGS OF FACT AND CONCLUSIONS OF LAW AND ORDER OF CONDITIONAL APPROVAL OF PRELIMINARY PLAT BROCKTON SUBDIVISION / (pP-04-013) Page 13 of 15 NOTICE OF FINAL ACTION AND RIGHT TO REGULATORY TAKINGS ANALYSIS The Applicant is hereby notified that pursuant to Idaho Code 67-8003, the Owner may request a regulatory taking analysis. Such request must be in writing, and must be filed with the City Clerk not more than twenty-eight (28) days after the final decision concerning the matter at issue. A request for a regulatory takings analysis will toll the time period within which a Petition for Judicial Review may be filed. Please take notice that this is a final action of the governing body of the City of Meridian, pursuant to Idaho Code § 67-6521. An affected person being a person who has an interest in real property which may be adversely affected by this decision may, within twenty-eight (28) days after the date of this decision and order, seek a judicial review as provided by Chapter 52, Title 67, Idaho Code. By action of the City Council at its regular meeting held on the 27~ day of ð'~ ' 2004. ROLL CALL: COUNCILMAN SHAUN WARDLE VOTED~ COUNCILMAN BILL NARY VOTED æÓ~ COUNCILMAN CHARLIE ROUNTREE VOTED~ COUNCILMAN KEITH BIRD VOTED~ FINDINGS OF FACT AND CONCLUSIONS OF LAW AND ORDER OF CONDITIONAL APPROVAL OF PRELIMINARY PLAT BROCKTON SUBDIVISION / (pP-04-013) Page 14 ofl5 MAYOR TAMMYdeWEERD (TIE BREAKER) VOTED -. ~ Attest: By: , llh ilL ~ 0 ~ MJ City Clerk's Office Dated: ~-d-o4 Z:\ WorklM\MeridianIMeridian 15360MIBrockton Subdivision AZ-04-01 0 PP-04-0 13 CUP-04.{) 12lFfClsOrdPP.doc FINDINGS OF FACT AND CONCLUSIONS OF LAW AND ORDER OF CONDITIONAL APPROVAL OF PRELIMINARY PLAT BROCKTON SUBDIVISION / (pP-04-013) Page 15 of15