Loading...
HomeMy WebLinkAboutCabella Creek Subdivision FP-06-044 BEFORE THE MERIDIAN CITY COUNCIL C/C October 17, 2006 IN THE MATTER OF THE ) APPLICATION OF ATM ) DEVELOPMENT, LLC FOR FINAL ) PLAT APPROVAL OF 47 SINGLE- ) FAMILY RESIDENTIAL BUILDING ) LOTS AND 11 COMMON LOTS ON ) 18.84 ACRES IN AN R-4 ZONE ) LOCATED AT THE NORTHEST ) CORNER OF MESA WAY AND ) EAST VICTORY ROAD IN A ) PORTION OF LOTS 3, 4, AND 5 ) AND ALL OF LOT 6, BLOCK 1 OF ) KACHINA ESTATES SUBDIVISION ) SITUATED IN A PORTION OF THE SE ~ ofT. 3N., R.1E., SECTION 19 CASE NO. FP-06-044 ORDER OF CONDITIONAL APPROVAL OF FINAL PLAT This matter coming before the City Council for Final Plat approval pursuant to Unified Development Code 11-6B-3 on October 17, 2006, and the Council finding that the Administrative Review is complete from Kristy Vigil, Assistant City Planner for the Planning and Zoning Department, and Michael Cole, Development Services Coordinator for the Public Works Department, dated: Hearing Date: October 17, 2006, to the Mayor and Council, and the Council having considered the requirements of the preliminary plat the Council takes the following action: IT IS HEREBY ORDERED THAT: ORDER OF CONDITIONAL AFPROV AL OF FINAL PLAT FOR CABELLA CREEK SUBDIVISION / (FP-06-044) Page 1 of 5 I. The Final Plat of "PLAT SHOWING CABELLA CREEK SUBDIVISION LOCATED IN A PORTION OF LOTS 3,4 AND 5 AND ALL OF LOT 6, BLOCK I OF KACHINA ESTATES SUBDIVISION SITUATED IN A POR nON OF THE SE ~ OF T. 3N., R. IE., SECTION 19, BOISE MERIDIAN, MERIDIAN, ADA COUNTY, IDAHO 2006, HANDWRITTEN DATE: 09/15/06, SHEET 1 OF 6, THE LAND GROUP, INC.", ATM DEVELOPMENT, LLC, Developer, is Conditionally Approved subject to those conditions of Staff comments as set forth in the Memorandum to the Mayor and City Council from Kristy Vigil, Assistant City Planner for the Planning and Zoning Department and Michael Cole, Development Services Coordinator for the Public Works Department, dated: Hearing Date: October 17, 2006, listing 24 SITE SPECIFIC REQUIREMENTS/FINAL PLAT and 11 GENERAL REQUIREMENTS, a true and correct copy of which is attached hereto marked Exhibit "A", and consisting of 5 pages, and by this reference incorporated herein, and the response letter from The Land Group, Inc., a true and correct copy of which is attached hereto marked Exhibit "B" and consisting of 3 pages, and by this reference incorporated herein, and the additional requirements ofthe Council taken at their October 17, 2006 meeting as follows, to-wit: 1.0 Adopt the action of the City Council taken at their October 17, 2006 meeting: Approve with the applicant's commitment to the mitigation proposal, spccifically pcrtaining to item number 22 of the applicant's response letter (Exhibit "B"). ORDER OF CONDITIONAL APPROVAL OF FINAL PLAT FOR CABELLA CREEK SUBDIVISION / (FP-06-044) Page 201'5 1.1 Adopt the Recommendation of the Central District Health Department as follows: The Central District Health requires after written approval from the appropriate entities are submitted, they can approve this proposal for central sewage and central water; that plans must be submitted to and approved by the Idaho Department of Health and Welfare, Division of Environmental Quality for central sewage and central water; that run-off is not to create a mosquito breeding problem; and it is suggested that the stormwater be pretreated through a grassy swale prior to discharge to the subsurface to prevent impact to groundwater and surface water quality; that engineers and architects should obtain current best management practices for stormwater dispusal and design a stormwater management system that is preventing groundwater and surface water degradation. Manuals for guidance: 1. State of Idaho Catalog of Stormwater Best Management Practices for Idaho Cities and Counties. Prepared by the Idaho Division of Environmental Quality, July 1997. 2. Stormwater Best Management Practices Guidebook. Prepared by City of Boise Public Works Department, May 2000. 2. The final plat upon which there is eontained the Certification and signature of the City Clerk and the City Engineer verifying that the plat meets the City's requirements shall be signed only at such time as: I. The Plat dimensions are approved by the City Engineer; and 2. The City Engineer has verified that all off-site improvements are completed and/or the appropriate letter of credit or cash has been issued guaranteeing the completion of off-site and required on-site improvements. NOTICE OF FINAL ACTION ORDER OF CONDITIONAL APPROVAL OF FINAL PLAT FOR CABELLA CREEK SUBDIVISION 1 (FP-06-044) Page 3 of5 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 \1 -th n_ day of OCtob~ ,2006. """""BY:~~ ",II~~ ~:l""MA YOR T c WEERD "" '" V' 'fl)/ " '// ~"'''''~r '!AJ~ ..../~-' ...V lis. ~ .2 ~:.:- - - ~ ~ - - :: ~"L :: S.;',....:,. . ~;;.. <"') c'? - ~ ~...I ~O~ ~ "<'i~ r 1S~ . ~~,~ ............../1' " 'buN ~ \~~:..... II .-rJ t \' 1111 ' '. IIII 111I/'IlI\ IIIIII ATTEST: ORDER OF CONDITIONAL APPROVAL OF FINAL PLAT FOR CABELLA CREEK SUBDIVISION 1 (FP.06-044) Page 4 of5 Copy served upon: V Applicant v Planning Department V ..Public Works Department v' City Attorney By:, 1t\ouY\ ~I\Q OJ CIty Clerk's OffIce Dated: IQ-1.\-Clo ORDER OF CONDITIONAL APPROVAL OF FINAL PLAT FOR CABELLA CREEK SUBDIVISION 1 (FP-06-044) Page 5 of 5 CITY OF MERIDIAN PLANNING AND PUBLIC WORKS DEPARTMENTS STAfF REPORT STAFF REPORT: Hearing Date: Octoher 17, 2006 Transmittal Date: October 12, 2006 TO: Mayor and City Council I, I[). \tlO \-" ~,' ~"''''''r' ._"'".',~. ". ~{~ '<! '; I ~~c '~\iI FROM: Kristy Vigil, Assistant City Planner '{.JI Michael Cole, Development Services Coordinator (Y\ G SUBJECT: Cabella Creek Subdivision Final Plat Request for Final Plat Approval of Cabella Creek Subdivision Consisting uf 47 Single-Family Residential Building Lots and 11 Common Lots on 18.84 Acres in an R-4 Zone by ATM Development, LLC (File#FP-06-044). We have reviewed this submittal and offer the following comments and conditions of the applicant. Thcsc conditions shall be considered in full, unless expressly modified or deleted by motion of the Meridian City Council: APPLICATION SUMMARY & LOCATION The applil,;ant, ATM Development, LLC, has applied for final plat approval of 47 single-family residential lots and 11 common lots on 18.84 acres of land for Cabella Creek Subdivision. The zoning designation for the proposed subdivision is R-4 (Medium T .ow-Density Residential), The gross density of the proposed subdivision is 2.5 dwelling units per acre; the net density is 3.1 dwelling units per acre. Cabella Creek Subdivision is located at the northeast comer of Mesa Way and E. Victory Road in the SE y.; ofT. 3N., R.IB., Section 19. This property is a portion of Lots 3, 4, and 5 and all of Lot 6, Block 1 of Kachina Estates Subdivision. The City Council approved the preliminary plat for Cabella Creek Subdivision on June 6, 2006 and the submitted final plat substantially complies with the approved preliminary plat. Staff recorrunends approval of Cabella Creek Subdivision with the conunents and conditions stated in this report. SITE SPECIFIC CONDITIONS 1. Applicant is to meet all terms of the approved preliminary plat (PP-06-012) and development agreement (recorded as instrument #106141057). 2. The applicant has indicated that the pressurized irrigation system in this development is to be owned and operated by the Homeowners' Association. Therefore plans and spel,;ifil,;ations will be reviewed by the Public Works Department as part of the construction plan review, with a draft Operations and Maintenance manual being required prior to plan approval. A "final draft" shall he submitted prior to signature on the final plat. 3. The City uf Meridian requires that pressurized irrigation systems be supplied by a year-round source of water. If a single.point connection to the potable water system is used, the developer shall be responsible for the payment of assessments for the inigahle common areas prior to signature on the [mal plat by the Meridian City Engineer. Exhibit "A" FP-06-044 Cabella Creek Subdivision FP.doc PAGE 1 CITY OF MERIDIAN PLANNING AND PUBLIC WORKS DEPARTMENTS STAFF REPORT 4. All fencing installed on the site must be in compliance with UDC 11-3A-6 and 11-3A-7. Temporary construction fencing to contain dehris shall be installed at the subdivision boundary where permanent fencing does not exist. Perimeter fencing shall be installed prior to release of building permits for this subdivision. 5. The required street buffer along Victory Road shall be constructed prior to the issuance of occupancy for any dwelling units in this development. 6. All existing houses that are to remain shall be required to COIUlect to City sewer and water. The applicant shall be responsible for the payment of assessments prior to signature on the final plat, and shall be responsible for the actual physical cOIUlection of the house to the services prior to certificates of occupancy being issued. 7. The preferred construction traffic entrance to the development shall be Victory Road and not Mesa Way. 8. That one public street access, and no driveways, will b~ alluw~d lu Victory Road. Existing driveway(s) to Victory Road may be utilized until the internal streets within the plat are constructed and approved by the Transportation Authority (ACHD). At such time. direct lot access to Victory Road shall be prohibited. 9. The applicant shall be responsible to install a temporary off-peak pumping station in a location designated by the Public Works Department. The station design and capacity shall be coordinated with the Public Works Department; the design shall include communication capabilities that are consistent with the City of Meridian's SCADA system. If new information arises from ongoing modeling exercises or other subsequent sources, then this condition may be rescinded by the City Engineer. 10. Sanitary sewer and water service to this site is being proposed via extensions of existing mains in Victory Road. Applicant will be responsible to construct the sewer and water mains to and through this proposed development. Subdivision designer to coordinate main sizing and routing with the Public Works Department. Applicant shall execute City of Meridian standard forms of easements, for any mains that are required to provide service. Minimum cover over sewer mains is three-feet. If there is less than three feet from top of pipe to sub-grade then upgraded pipe materials shall be used per City of Meridian Standard Specifications. 11. The applicant shall be responsible to install sewer mains to S. Mesa Way from E. Loggers Pass Street and E. Glacier Bay Street. 12. A 12-inch water main shall be required to be installed from E. Victory Road to the northern most of Mesa away along the frontage of this project. 13. Due to the crossing of the Ten Mile Creek at S. Bailey Way, the applicant shall perform a "Cumulative Rise Test" to ensure the 1 DO-year flood will pass through the improvement. Said study shall be submitted to the Public Works Department prior to construction plan approval. 14. The preliminary plat showed a portion of Lots are encumbered by the AE floodplain. The applicant shall do one of the following to mitigate for this: a) The applicant shall revise the lots to ensure all buildable lots are out of the AE floodplain. The applicants surveyor shall submit a signed, stamped letter certifying that all lots are out of the floodplain. Exhibit "A" FP-06-044 Cabella Creek Subdivision FP.doc PAGE 2 CITY OF MERIDIAN PLANNING AND PUBLIC WORKS DEPARTMENTS STAFF REPORT b) Or, file for a LOMAR with FEMA to remove the floodplain. The letter shall be submitted to Public Works prior to signature on the final plat. c) Or, add a note on the final plat referencing the floodplain map and those lots will have to file elevation certifications. Concurrent with submittal for signature the applicant shall submit a second plat with the floodplain overlay on it. 15. Include "Meridian" in the situate statement. 16. Include the instrument number for the Restrictive Covenants shown on the face of the plat. 17. It appears that the bearings called out on the face of the plat do not match the bearings of record. The applicant shall confirm this information and include bearings of record in parenthesis on the face of the plat. 18. The development agreement on this property has the following condition, "To mitigate the potential of light from cars exiting this site from entering through the windows of the neighbor's house across Mesa Way (Binford property), the applicant has volunteered to, at the developer's expense, provide off-site improvl:IIll:uts aujact:nt to the Binford property to mitigate light intrusion from car headlights. Said improvements may include widening the "u" of their (Binford's) driveway and providing berming and landscaping on the Binford's property, as allowed by the Binford's." The applicant shall provide a letter from the Binford's stating that this requirement has been met, prior to signature on the final plat by the City Engineer. 19. A pedestrian/sidewalk easement shall be dedicated over all sidewalks not falling in the public right-of-way. 20. 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 9-4p8. Wells may be used for non-domestic purposes such as landscape irrigation. 21. Revise the following plat notes on the face of the plat prepared by The Land Group and dated 9/15/06: 1.) Revise to dedicate 14- feet of easement. The extra is needed to ensure 10- feet past the edge of sidewalk. 5.) Revise to read, "A ten (10) foot wide easement along all rear lot lines, and centered on interior lot lines shall be reserved for Public Utilities, transportation of property drainage, and/or the installation and maintenance of a pressurized irrigation system." *.) Add a note restricting direct lot access to Victory. *.) Add a note, "Bottom clcvation of structural footings shall be set a minimum of 12-inches above the highest established normal ground water elevation." *.) Add a note, "Individual lot owners are responsible for maintenance of any irrigation/drainage pipe or ditch crossing their lot unless said maintenance is assumed by an irrigation/drainage entity." *.) Add note: "This olat is subiect to a development allleement recurut:u as instrumt:nt number 106141057 of Ada CountvRecords." 22. The landscape plan, prepared by The Land Group and dated 9/12//06, shall be revised as follows: a.) The proposed 6-foot wide parkways shall be constructed with root barrier per ODe 11- 3A-17E2, revise plan accordingly. Exhibit "A" FP-06-044 Cabella Creek Subdivision FP.doc PAGE 3 CITY OF MERIDIAN PLANNING AND PUBLIC WORKS DEPARTMENTS STAFF REPORT b.) Depict the existing fencing on the northern boundary (abutting Salmon Rapids No.5) on the plan. Submit three copies of the revised landscape plan to the Planning Department prior to signature on thefinal plat by the City Engineer. 23. All areas approved as open space shall be free of wet ponds or other such nuisances. All stonnwater detention facilities incorporated into the approved open space are subject to UDC 11- 3B-ll and shall be fully vegetated with grass and trees. Sand, gravel or other non-vegetated surface materials shall not be used in open space lots, except as pennitted under UDC 11- 3B- 11. Where the applicant has submitted a preliminary landscape plan and where staff has reviewed such plan, the landscaping shall be consistent with the preliminary plan with modifications as proposed by staff. If the stormwater detention facility cannot be incorporated into the approved open space and still meet the standards of UDC 11- 3B-11, then the applicant shall relocate the facility. This may require losing a developable lot or developable area. It is the responsibility of the developer to comply with ACHD, City of Meridian and all other regulatory requirements at the time of [mal construction. 24. Staff s failure to cite specific ordinance provisions or conditions of the preliminary plat does not relieve the Applicant of responsibility for compliance. GENERAL REQUIREMENTS L Per UDC 11-3A-6 all irrigation ditches, laterals or canals, exclusive of natural waterways, that intersect, cross or lie within the area being subdivided shall be covered. All ditches that lay within this development shall be tiled, 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 prior to plan approval. If lateral users association approval can not be obtained, alternate plans will be review cd and approvcd by the City Engineer. 2. A letter of credit or cash surety in the amount of 110% shall be required for all uncompleted fencing, landscaping, amenities, pressurized irrigation, sanitary sewer, water, etc., prior to signature on the final plat. 3. All development improvements, including but not limited to water, sewer, fencing, micro.paths, pressurized irrigation and landscaping shall be installed and approved prior to obtaining certificates of occupancy. 4. A written certificate of completion shall be prepared by the landscape architect, landscape designer or qualified nurseryman responsible for the landscape plan upon completion of the landscape installation. The Certificate of Completion shall verify that all landscape improvements, including plant materials and sprinkler installation, are in substantial compliance with the approved landscape plan. 5. Applicant shall be required to pay Public Works development plan review, and constmction inspection fees, as determined during the plan review process, prior to signature on the final plat. 6. Compaction test results must be submitted to the Meridian Building Department tor all building pads receiving engineered backfill, where footing would sit atop fill material. Exhibit "A" FP-06-044 Cabella Creek SubdivislOn FP.doc PAGE 4 CITY OF MERIDIAN PLANNING AND PUBLIC WORKS DEPARTMENTS STAFF REPORT 7. Applicant shall bl;: rl;:sponsible for application and compliance with any Section 404 Pennitting that may be required by the Anny Corps of Engineers. 8. Applicant shall be responsible for application and compliance with and NPDES Pennitting that may be required by the Environmental Protection Agency. 9. All development features shall comply with the Americans with Disabilities Act and the Fair Housing AcL 10. Any tree over 4" in caliper that is removed from the property shall be replaced by installing additional trees, being the equivalent number of caliper inches of trees that were removed. Required landscaping trees will not be considered as replacement trees for those trees that have to be removed. 11. Approval of the preliminary plat shall become null and void if the applicant fails to record the final plat within two years of the approval of the preliminary plat per UDC 11-6B- 7 A. In the event that the development of the preliminary plat is made in successive phases in an orderly and rcasonable manner, and confOITns substantially to the approved preliminary plat, such segments, if submitted within successive intervals of eighteen months, may be considered for [mal approval without resubmission for preliminary plat approval per UDC 11.6B- 7B. STAFF RECOMMENDATION Staff reconunends approval of the final plat for Cabella Creek Subdivision (FP-06-044) with the above stated conunents and conditions. Exhibit "A" FP-06-044 Cabella Creek Subdivision FP .doc PAGE 5 ~" P""~-~ ~"'" I'" ~ """ ~.:v . ~1.,". . IJ' . &rn:(~ i'J1 E 1..\:"\" IdWl:l', ':"\c. Octobcr. 17. 2006 Projcct No, 06208 Kristy Vigil Assistant City Plalllll'r City of Meridian Planning & Z()I1ing 6601':, Watcrtower. Sic. 202 Meridian, I)) 83642 LU~: Cnbella Creek Subdivision - 1"innl Phlt Approval Dear t\.[s, Vigil: Thank YOll for reviewing om application for linal plat of Cabella Creek Subdivision, The following lener is in response to yt>ur stllff report dated for the tegular scheduled public hearing un October 17, 2006, Site Specific Conditions I, All terms outlined in the recorded Development Agreen1l'l1t (instrument No, t 06141 0570) will be Illet. Item 5.1.7 specifics the constructioll of a minimum to' wide Illulti lIse pathway 011 the SOUlh side of the Ten ('vJile Creek Drain. The pathway will he constructed on the north side of rhl' Ten I\file Crl'cl< Drain from s. L~ailey Way to S, ~Iesa Way and on the south side of the t::ln:ll from S, Ihilcy \'Va)' to Victory toad based on (he orientation of the Ten Mile Creek through Ihe sire. 2. The preSSlII'e irrigatil)n sysrem will be oWlled and m.\intained hy the Nampa Meridian J rrigillillll Disll'ict and lint fhe Cahella Creek 1-IOllll~owner~ Assol'iation. Approv;t1 ;tnd veriticntion of such will he cOOldinalcd with the Nampa I\Jnidi:lI\ It'1'igation District and 1\lcridian Public Works, 3, Assessments for irrigiltion of common Mea::! will he pilid by the develop\:! Plior to signature of I he tinal plat as a single-point conneClion to the pot:lble water system wjJl be needed as the irrigation watcr rights associ:lted with Nampa Meridian Inigariun District for the Ten Mile Creck Drain are not year round, 4. All fencing will he constructed t-o LJDC rC(luil'l"l1lents, 5. The Sll'eet buffer willlw constrllcted prior to request fm occupanc)' for dwellings withill the proposed development, 6, The existing hOllses will connect to cenlral servICes alld par all needed assessments. 7, The improvelllent drawings & FSC/SWPPP have idcntifinl that l'he preferred construction entrance is to be off of Victory Road and not IVIesa Way, p ., II. Exhihit "8" October 17, 2()[}6 Page 2 nf3 8. Only one public access is proposed onto Victory ROlld f01' this devdoplllCIll and all existing drivcwa)'s will be closed as speci fied. 9. An off.peak sanitary sewer lift station is proposed with this de"clopllll"lH and will be coordinated with the City of j\lcridi~lll Public Wmb. :IS requested. 10. Extensions of main line sewer and watcr will be coordinated with i\leridian Public Works through the platl l'eview proCl'SS. 1]. Sewl't. mains will be constructed as llppmvcd with i',[eridian Public works within E. Loggers Pass and I':. Glacier gay Way. 12. ;\ 12" WIller main will be constructed frolll I':. Vktor)' l~o:Hl through the devcloptnl~nt to the northwestcrl)' most point of our fL"Olltnge along S. I\lesa WilY ns llpproved by l\leridinn Public Works. 13. ;\ "Cumulative Risl~ Test" will be completed to enslIl"c that the IOO..ycar flood will pass through the bridge improvement with no cumulative effectup.strellll. 14. A note has been :llldcd to the flllal plat referencing the flop plllin Illap and thosl' lot:; that will need to file and elevation cel"tificate. At thc time tht: final plat is submitted fm signature, a second cop}" will reveal the flood plllin overlay. 15. "( :ity of l\lcridian" has been added to the Sitllale as rellllcsted. 16. The l~csrrictive Covcnams shown un the face of rhe plM has bel.:n LTmovl.d as the final plat will bc recorded prior to the Covenants, Conditions and Res.rictiol1s (CC&R's) being recorded such that the CC&R's can make rderencl' to lhe rccoded plat of C:lbelb Creek Sl1bdivi~ion. J 7. Existing bearings of recot.d that differ frolll the actual fIeld survey lk'pictcd on Ihe pht will be noted in p:lrenthesis. 18. A Icltcr from the Binford's will ue sllbmiucd indictting that effons to rcdtll.:e the potential lights frolll cars have been cOllll,lclcd p..ior to IT'llll'$tillg signature for final plat. 19. Pedestrian $idewalk CaSellll'llt will be dedicllted for all side\V;\lks lItHI p;lthwH)'s th:ll fall outside of t\CHD right-of-way. 2U, Existing domestic septic srstt:ms will be removed pCI'Meridiall City (hdinancc and ldaho Central DistJ'ict J-ltalth 1"Cl]llirel\ll'nts. Exbting domestic wells will bl.: removed per l\leridian City Ordinance and Idaho Department of Watn Ih.sourcl.:; :;tlllldanJs. 21. Thl' plat notes have been revised as specified. 22. A revised landscape 1'1:\1\ will oe resubmitted prior to rnJucsling final plat sign:lt1.1tc with the subject revisions completed. AhlO, the eight subject cvcrgl"l'cn , t:."hibil "B" Octoher 17, 2006 Page .~ of 3 trees that were removed without the authorization of City /\rhori:H, EII'o)' Huff. will be replaced with eight (8) 6' to 7' tall {~\'ergrcclls in the locntiolls the slIbject trees were rellll)\'ed from prior to requesting lligllalurc of the final plat per a phone wll\'ersation with Elroy I luff on Octobn 16,2006. 23, The 13% open space cn1cuhltion that was approved during the time of the preliminary pbt excluded are:lS with storm {hain detcntion, wet ponds and the Tell Mile Creek Drain. TIll: percentage of open spa{:e is l1owl3%I or greater with the improvements dmwings complete and will rcmain at or abo\"{: I3'Yllollce constructed. 24. This statcmcnt is agr{'ed to. General Requirenlent8 1.11. The following gmcml re{IUll'cments are ngreed to and will be executed as re<:lucs led. llle;\se let me know if )'llll have any qucstions regarding this response Iettcr. If you nced nny clarification or re{luirc additional information. please do not hcsitate to coni act me at 939-404 L Sincerely, LL- l':ric Cronin, EIT THE LAND GROUP, INC. , , - Exhibit "H"'