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HomeMy WebLinkAboutTrailway Park CUP 03-021BEFORE THE CITY COUNCIL OF THE CITY OF MERIDIAN C/C 07/08/03 IN THE MATTER OF THE REQUEST FOR CONDITIONAL USE PERMIT FOR A PLANNED DEVELOPMENT FOR TRAILWAY PARK SUBDIVISION IN AN R-8 ZONE, LOCATED ON E. BLUE HERON ROAD, NORTH OF FAIRVIEW ROAD AND E. OF NORTH MERIDIAN ROAD, MERIDIAN, IDAHO HILLVIEW DEVELOPMENT CORPORATION, APPLICANT Case No. CUP-03-021 FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT The above entitled conditional use permit application having come before the City Council on July 8, 2003 at the hour of 7:00 p.m., at Meridian City Hall, 33 East Idaho Street, Meridian, Idaho, and Anna Powell Planning Director for the Planning and Zoning Department, Becky McKay, appeared and testified, and the City Council having duly considered the evidence and the record in this matter and the Recommendations to City Council issued by the Planning and Zoning Commission who conducted a public hearing and the Council having heard and taken oral and written testimony, and having duly considered the matter, the City Council hereby makes the following Findings of Fact, Conclusions of Law and Decision and Order to-wit: FINDINGS OF FACT 1. A notice of a public hearing on the conditional use permit was published for two FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDTTIONAL USE PERMIT PAGE 1 OF 21 (2) consecutive weeks prior to the said public hearing scheduled for July 8, 2003, before the City Council, the first publication appearing and written notice having been mailed to property owners or purchasers of record within three hundred feet (300') of the external boundaries of the property under consideration more than fifteen (15) days prior to said hearing and with the notice of public hearing having been posted upon the property under consideration more than one week before said hearing and the copies of all notices were made available to newspaper, radio and television stations as public service announcements; and the matter having been duly considered by the City Council at the July 8, 2003, public hearings; and the applicant, affected property owners, and government subdivisions providing services within the planning jurisdiction of the City of Meridian, having been given full opportunity to express comments and submit evidence. 2. There has been compliance with all notice and hearing requirements set forth in Idaho Code §67-6509, 6512, and Meridian City Code §§ 11-15-5 and 11-17-5 as evidenced by the Affidavit of Mailing, and the Affidavit of Publication and Proof of Posting filed with the staff report. 3. This proposed development request is in an RUT (Ada County) zone and by reason of the provisions of the Meridian City Code § 11-17-4, a public hearing was required before the City Council on this application. 4. The property is located on E. Blue Heron Road, north of Fairview Road and E. of North Meridian Road, Meridian, Idaho, and the pazcel is contiguous to existing city limits. 5. The owners of record of the subject property are: Raleigh and Dieuw Hawe and Hillview Development Corporation. 6. Applicant is Hillview Development Corporation. FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT PAGE 2 OF 21 7. The subject property is currently zoned RUT by Ada County. There is, however, an application for annexation and zoning to R-8 (Medium Density Residential), before the City Council. The zoning district of R-8 is defined within the City of Meridian Zoning and Development Ordinance, Section 11-7-2. 8. The proposed application requests a conditional use permit for a Planned Development consisting of One-hundred and Forty-five Single-family detached lots and Sixteen Single-family attached lots, for a total of 161 building lots, one "Neighborhood" park and Twenty-three common lots on 39.15 acres in a proposed R-8 zone for Trailway Park Subdivision. The proposed Planned Development includes a request to allow reduced lot sizes, reduced frontage requirements, reduced setbacks, reduced house sizes, and to exceed block length requirements. The R-8 zoning designation is within the City of Meridian Zoning and Development Ordinance requires a conditional use permit be obtained for most uses including those requested by the Applicant. (Meridian City Zoning and Development Ordinance, Section 11-8-1). 9. The proposed application is in compliance with the Meridian Comprehensive Plan, which designates the subject property as Mixed Use -Neighborhood. 10. The use proposed within the subject application will in fact, constitute a conditional use as determined by City Ordinance. 11. The City Council recognizes the concerns of Wendel Bigham, Supervisor of Facilities and Construction for Joint School District No. 2, expressed in his letter dated Apri124, 2003. 12. The Meridian City Council takes judicial notice of its Zoning, Subdivision and FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDTTIONAL USE PERNIIT PAGE 3 OF 21 Development Ordinances codified at Titles 11 and 12, Meridian City Code and all current zoning maps thereof and the Comprehensive Plan of the City of Meridian, and Maps and the Ordinance establishing the Impact Area Boundary. 13. Giving due consideration to the comment received from the governmental subdivisions providing services in the City of Meridian planning jurisdiction public facilities and services required by the proposed development will not impose expense upon the public if the following conditions of development are imposed and the following is also found to be required to mitigate the effects of the proposed use and development upon services delivered by political subdivisions providing services to the subject real property within the planning jurisdiction of the City of Meridian, subject to the following: A. Adopt the Recommendations ofthe Planning and Zoning and Engineering staff as follows: 1. Applicant shall meet all of the requirements of the preliminary plat as a condition of the Conditional Use Permit. 2. All development shall comply with the American with Disabilities Act and the Fair Housing Act. 3. The reductions to the frontage and minimum lot sizes; as well as the request to exceed block length maximums are approved as submitted. 4. Add a "tot lot" to the proposed park (Block 9, Lot 13). (See E.2. hereinbelow per action of the City Council taken at their July 8, 2003 meeting.) B. Adopt the Recommendations of the Ada County Highway District as follows: 1. Dedicate 42-feet ofright-of--way on Blue Heron Lane and provide apublicright's-of- way road trust deposit for one-half of a 29-foot street section with curb, gutter and 5- foot concrete sidewalk, provide 24-feet of pavement as well as the appropriate amount of fill required to fill the Jackson Drain on Blue Heron Lane (from the west property line to Eureka Avenue.) 2. Construct East James Court (from the West property line to North Eureka Place) as a 40-foot street section with vertical curb, gutter and 5-foot concrete sidewalk within FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDTTIONAL USE PERMIT PAGE 4 OF 21 60-feet ofright-of--way, as proposed. 3. Construct East James Court (from North Eureka Place to East Cougar Drive) as a residential collector with a 36-foot street section with vertical curb, gutter and a detached 4-foot concrete sidewalk (within an easement) within 50-feet ofright-of- way, as proposed. Front on housing and parking is prohibited on this roadway. 4. Construct the internal roadways as 36-foot street sections with curb, gutter and sidewalk within 50-feet ofright-of--way, as proposed. Construct a 5-foot attached on the majority of the internal roadways, with the exception of a 4-foot detached sidewalk on East Cougar Drive (from East Chateau Drive to East Blue Heron Street), James Court (from North Eureka Avenue to East Cougar Drive) and East Chateau Drive (from East Cougar Drive to North Grouse Avenue), as proposed. 5. Extend East James Court from the west property line approximately 430-feet north of the south property line, as proposed. 6. Extend East Willow Brook Drive from the east property line approximately 100-feet north of the south property line, as proposed. Extend Blue Heron Street from the east property line approximately 100-feet south of the north property line, as proposed. 8. Extend Capecod Way from the north property line approximately 370-feet west ofthe east property line, as proposed. 9. Extend North Eureka Avenue from the North property line approximately 100-feet east of the west property line, as proposed. 10. Extend Blue Heron Lane from the west and north property lines, as proposed. 11. Construct one cul-de-sac turnaround at the north end of Eureka Place, as proposed. Provide a minimum fuming radius of 45-feet. 12. Construct two knuckles within the subdivision, as proposed. The design shall be reviewed and approved by ACHD's Development staff. 13. Any proposed landscape islands/medians within the public right-of--way dedicated by this plat shall be owned and maintained by a homeowners association. Notes of this shall be required on the fmal plat. 14. Direct lot access to the segment of James Court (from the west property line to Cougar Drive) is prohibited. FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT PAGE 5 OF 21 15. Comply with all Standard Conditions of Approval. Standard Conditions of Aoaroval Any existing irrigation facilities shall be relocated outside of the 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 ofthe 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 ACRD Ordinances unless specificallywaived herein. An engineer registered in the State of Idaho shall prepaze 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. 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. Payment of applicable road impact fees are required prior to building construction in accordance with Ordinance #197, also known as Ada County Highway District Road Impact Fee Ordinance. 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 with ACHDright-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 FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDTTIONAL USE PERMIT PAGE 6 OF 21 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 awaiver/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. C. Adopt the Recommendations of the Meridian Fire Department as follows: 1. One and two family dwellings will require afire-flow of 1,000 gallons per minute available for duration of 2 hours to serve the entire project. Fire hydrants shall be placed an average of 400' apart. 1997 UFC Appendix III-A 2. Acceptance of the water supply for fire protection will be by the Meridian Water Departrnent. Final approval of the fire hydrant locations shall be by the Meridian Fire Department, which are submitted to the Public Works Department. 4. 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 a turn around. 5. All roads shall have a turning radius of 28' inside and 48' outside. 6. Insure that al] yet undeveloped parcels aze maintained free of combustible vegetation per section 1103.2.4 of the Uniform Fire Code. 7. Operational fire hydrants and temporary or permanent street signs are required before combustible construction begins. UFC 901.4.2 & 901.3 D. Adopt the Recommendations of the Nampa & Meridian Irrigation District as follows: 1. Nampa & Meridian Irrigation District requires aland-use change application. All storm drainage must be retained on site. All lateral and waste ways must be protected. The Developer must comply with Idaho Code #31-3905. 2. Nampa & Meridian's Jackson Drain courses through the center of the proposed project. The easement of the Jackson Drain must be protected and any encroachment without approved plans and a signed license ageeement is unacceptable. FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECLSION AND ORDER GRANTING CONDTI'IONAL USE PERMTI' PAGE 7 OF 21 E. Adopt the action of the City Council taken at their July 8, 2003 meeting as follows: The applicant shall not be required to provide the 35' landscape buffer on the west end of the property. The existing ponds adjacent to the property serve as significant buffers from the meat processing facility. 2. The applicant shall be required to build an asphalt pathway, according to the Nampa & Meridian Irrigation District standards or the Parks Department standards, and pipe the drain through the pocket park within the middle section of this amenity. The applicant shall be required to submit a plan to the Planning and Zoning Department for approval ofthe playground equipment or recreation equipment to be used for this amenity. Also, this pathway shall be included within the plat notes that the pathway is for multi-use and not for private access only. In the event that Nampa & Meridian Irrigation District requires a License Agreement with the City for the pathway along the Jackson Drain, the Homeowner's Association shall enter into an indemnity agreement whereby it will assume the obligations of the City under the License Agreement, and, defend and hold the City harmless from any liability asserted for violation of, or arising out of, the License Agreement. The applicant shall be allowed to upgrade the existing pressure irrigation pump station for Fothergill Subdivision, if the Nampa & Meridian Irrigation District gives their written approval and the applicant submits said written approval to the Planning and Zoning Department, which would then become a regional pump station for Fothergill subdivision and the Trailway Park Subdivision. The applicant shall also submit recommendation to the Planning and Zoning Department setting forth who will actually own and maintain said pump station. 4. Pertaining to the headgate, which is located on Mr. Fothergill's property, the applicant shall work with the Nampa & Meridian Irrigation District to determine if the headgate has a present purpose, or if it can be abandoned and removed. Applicant shall work with neighbors to resolve this issue. 5. The Watts Lateral, which courses through part of the project, is a user's ditch, and Settler's Irrigation District is not requiring a separate lot but only that the applicant shall pipe the ditch along the perimeter which courses through the project, and to provide an easement for access for the District. The easement width shall be as agreed upon between Settler's Irrigation District and the applicant. 6. Pertaining to the fencing requirements for the pathway and micro-paths within this project, any lots that run with the pathway and/or micro-paths shall either be an open vision fence or solid fencing with a maximum height of four feet. The applicant shall submit a fencing plan to the Planning and Zoning Department for approval. FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDTl'IONAL USE PERNIIT PAGE 8 OF 21 7. The revised plat for this project is dated June 27, 2003, and is hereby approved. 14. The proposed residential lot sizes range from the proposed minimum lot size of4,000 square feet for an attached single-family home lot, up to 15,014 square feet for a single family detached housing lot. The gross density ofthe proposed subdivision is 4.11 dwelling units per acre and the net density of the subdivision is 5.3 dwelling units per acre. The project is a single phase development. The Planned Development application includes requests to allow reduced development standards including reduced setbacks, reduced lot size, reduced frontages, reduced house sizes and to allow blocks within the subdivision to exceed length maximums (1000'+). 15. It is found that the subject property is large enough to accommodate the requested use and all other required features for this project. 16. The current Comprehensive Plan Land Use Map designates the property as "Mixed Use -Neighborhood". It is found that the proposed residential uses are harmonious with and in accordance with the Comprehensive Plan. The project is being proposed as a conditional use for a planned development in order to allow reduced lot sizes, reduced street frontages, and reduced setbacks. If the project is approved as a Planned Development, it will meet the minimum requirements of the MCC. 17. That the proposed residential subdivision use will be harmonious with the intended and existing character of the azea. 18. It is not anticipated that the proposed project will have an adverse impact on other properties within the general vicinity. 19. It is found that the proposed development can be adequately served by the essential public facilities and services. FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDr1'IONAL USE PERNIIT PAGE 9 OF 21 20. It is found that the proposed use would not be detrimental to the economic welfare of the community, nor would it create the need for any new facilities or services to be paid for by the public that would be considered excessive. 21. It is found that there will be an increase in traffic and noise in the general vicinity if the subdivision is approved, but that approval of the subdivision will not lead to a major increase in smoke, fumes, glare, odors or other disturbances that will be considered detrimental to the welfare of the City and the subdivision's neighbors. 22. It is found that the proposed use will not create significant interference with any traffic on the surrounding public streets. Review of the ACHD report for this project will provide additional information. 23. The applicant is proposing to pipe a portion of the Jackson Drain; Meridian's Comprehensive Plan identifies the Jackson Drain as a creek that should be protected. It is not found that any natural, scenic or historic feature will be lost, damaged or destroyed by issuance of this conditional use. Existing trees greater than 4" caliper must be retained or mitigated for, if removed. CONCLUSIONS OF LAW The City of Meridian shall exercise the powers conferred upon it by the "Local Land Use Planning Act of 1975" hereinafter referred to for convenience as the "Act" codified at Chapter 65, Title 67, Idaho Code (LC. §67-6503). 2. The Meridian City Council may exercise all the powers required and authorized under the "Act" except the power to adopt ordinances by the establishment of a Planning and Zoning Commission by ordinance pursuant to Idaho Code Section 67-6504 which the City FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDTI'IONAL USE PERMIT PAGE 10 OF 21 Council of the City of Meridian has established by the passage of the "City of Meridian Zoning and Development Ordinance" at Titles XI and XII, Chapter I, Meridian City Code. 3. As part of a zoning ordinance the City Council can, subject to hearing and notice provision required, provide for the process of special and/or conditional use permits which a proposed use is otherwise prohibited by the terms of the ordinance but allowed with conditions under the specific provisions of the ordinance which the City of Meridian has done in the adoption of its zoning ordinances. 4. The City Council has the duty and responsibility to review the facts and circumstances of each application for special use permit to determine prior to granting the same that the evidential showing supports the finding that the following standazds aze met and that the proposed development: (Meridian City Code § 11-17-3) a. That the site is large enough to accommodate the proposed use and all yards, open spaces, parking, landscaping and other features as may be required by this Ordinance; b. That the proposed use and development plan will be harmonious with the Meridian Comprehensive Plan and in accordance with the requirements of this Ordinance; c. That the design, construction, operation and maintenance will be compatible with other uses in the general neighborhood and with the existing or intended character of the general vicinity and that such use will not adversely change the essential character of the same area; d. That the proposed use, if it complies with all conditions of the approval imposed, will not adversely affect other property in the vicinity; e. That the proposed use will be served adequately by essential public facilities and services such as highways, streets, schools, parks, police and fire protection, drainage structures, refuse disposal, water, sewer; or that the person responsible for the establishment of the proposed conditional use shall be able to provide adequately any such services; f. That the proposed use will not create excessive additional cost for public facilities and services and will not be detrimental to the economic welfare of the community; g. That the proposed use will not involve activities or processes, materials, equipment and conditions of operation that will be detrimental to any persons, property or the FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERNIIT PAGE 11 OF 21 general welfare by reason of excessive production of traffic, noise, smoke, fumes, glare or odors; h. 'That the proposed use will have vehicular approaches to the property which shall be so designed as not to create interference with traffic on surrounding public streets; and i. That the proposed use will not result in the destruction, loss or damage of a natural, scenic or historic feature considered to be of major importance. 5. Prior to granting a conditional use permit in the Medium Density Residential District (R-8) a public hearing shall be conducted with notice to be published and provided to property owners or purchasers of record within three hundred feet (300') of the external boundaries of the land under consideration for the conditional use permit all in accordance with the provisions of Meridian City Code § 11-17-5 City of Meridian Zoning and Development Ordinance, which provides as follows: "Prior to approving a Conditional Use Permit, the applicant and the Commission and Council shall follow notice and hearing procedures provided in Chapter 15 of this Title. Provided, however, that conditional use applications for land in Old Town and in industrial and commercial districts shall only be required to have one public hearing which shall beheld before the Planning and Zoning Commission; and after the recommendation of the Commission is made, the application shall go before the City Council without a public hearing and the Council may approve, deny, or modify the recommendation of the Commission." 6. Following the public hearing and within 45 days after the conclusion of the public hearing the Commission shall, transmit its recommendations to the Meridian City Council with supportive reasons. The Commission shall recommend that the application be approved, approved with conditions or denied. The Commission shall ensure that any approval or approval with conditions of an application shall be in accordance with Meridian Comprehensive Plan, City of Meridian Zoning and Development Ordinance, and Idaho State law. (Meridian City Code § 11-17-6) 7. When the City Council approves a conditional use permit it may impose FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDTPIONAL USE PERNIIT PAGE 12 OF 21 conditions of that approval that reasonably: A. Minimize adverse impact on other development; B. Control the sequence and timing of development; C. Control the duration of development; D. Assure that the development is maintained property; E. Designate the exact location and nature of the development; F. Require the provision for on-site public facilities or services; and G. Require more restrictive standards than those generally required, in this Ordinance. 8. The City of Meridian has, by ordinance, established the Impact Area and the Amended Comprehensive Plan of the City of Meridian, which was adopted August 6, 2002, Resolution No. 02-382 and Maps. DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT SUBJECT TO CONDITIONS NOW, THEREFORE, BASED UPON THE ABOVE AND FOREGOING FINDINGS OF FACT AND CONCLUSIONS OF LAW, the City Council does hereby ORDER and this does Order that: That the above named applicant is granted a conditional use permit for a Planned Development consisting ofOne-hundred and Forty-five Single-family detached lots and Sixteen Single-family attached lots, for a total of 161 building lots, one "Neighborhood" park and .Twenty-three common lots on 39.15 acres in a proposed R-8 zone for Trailway Park Subdivision located on E. Blue Heron Road, north of Fairview Road and E. of North Meridian Road, FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDTfIONAL USE PERMIT PAGE 13 OF 21 Meridian, Idaho, subject to the following conditions of use and development, subject to the following: A. Adopt the Recommendations of the Planning and Zoning and Engineering staff as follows: 1. Applicant shall meet all of the requirements of the preliminary plat as a condition of the Conditional Use Permit. 2. All development shall comply with the American with Disabilities Act and the Fair Housing Act. 3. The reductions to the frontage and minimum lot sizes; as well as the request to exceed block length maximums are approved as submitted. 4. Add a "tot lot" to the proposed park (Block 9, Lot 13). (See E.2. hereinbelow per action of the City Council taken at their July 8, 2003 meeting.) B. Adopt the Recommendations of the Ada County Highway District as follows: Dedicate 42-feet ofright-of--way on Blue Heron Lane and provide apublicright's-of- way road trust deposit for one-halfof a 29-foot street section with curb, gutter and 5- foot concrete sidewalk, provide 24-feet of pavement as well as the appropriate amount of fill required to fill the Jackson Drain on Blue Heron Lane (from the west property line to Eureka Avenue.) 2. Construct East James Court (from the West property line to North Eureka Place) as a 40-foot street section with vertical curb, gutter and 5-foot concrete sidewalk within 60-feet ofright-of--way, as proposed. 3. Construct East James Court (from North Eureka Place to East Cougar Drive) as a residential collector with a 36-foot street secfion with vertical curb, gutter and a detached 4-foot concrete sidewalk (within an easement) within 50-feet of right-of- way, as proposed. Front on housing and parking is prohibited on this roadway. 4. Construct the internal roadways as 36-foot street sections with curb, gutter and sidewalk within 50-feet ofright-of--way, as proposed. Construct a 5-foot attached on the majority of the internal roadways, with the exception of a 4-foot detached sidewallc on East Cougar Drive (from East Chateau Drive to East Blue Heron Street), James Court (from North Eureka Avenue to East Cougar Drive) and East Chateau Drive (from East Cougar Drive to North Grouse Avenue), as proposed. 5. Extend East James Court from the west property line approximately 430-feet north of the south property line, as proposed. FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDTTIONAL USE PERMTI' PAGE 14 OF 21 6. Extend East Willow Brook Drive from the east property line approximately 100-feet north of the south property line, as proposed. 7. Extend Blue Heron Street from the east property line approximately 100-feet south of the north property line, as proposed. 8. Extend Capecod Way from the north property line approximately 370-feet west ofthe east property line, as proposed. 9. Extend North Eureka Avenue from the North property line approximately 100-feet east of the west property line, as proposed. 10. Extend Blue Heron Lane from the west and north property lines, as proposed. 11. Construct one cul-de-sac turnaround at the north end of Eureka Place, as proposed. Provide a minimum turning radius of 45-feet. 12. Construct two knuckles within the subdivision, as proposed. The design shall be reviewed and approved by ACHD's Development staff. 13. Any proposed landscape islands/medians within the publicright-of--way dedicated by this plat shall be owned and maintained by a homeowners association. Notes ofthis shall be required on the final plat. 14. Direct lot access to the segment of James Court (from the west property line to Cougar Drive) is prohibited. 15. Comply with all Standard Conditions of Approval. Standard Conditions of Aonroval Any existing irrigation facilities -shall be relocated outside of the right-of--way. 2. All utility relocation costs associated with improving street frontages abutting the site shall be borne by the developer. Replace any existing damaged curb, gutter and sidewalk and any that may be damaged during the construction ofthe proposed development. Contact Construction Services at 387-6280 (with file number) for details. 4. Ufility 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. FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDTTIONAL USE PERNIIT PAGE 15 OF 21 All design and construction shall be in acwrdance 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 of Idaho 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. 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 acwrdance with Ordinance #197, also known as Ada County Highway District Road Impact Fee Ordinance. 9. It is the responsibility of the applicant to verify all existing utilities within the right- of-way. The applicant at no cost to ACRD 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 with 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 ofthis 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 awaiver/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. C. Adopt the Recommendations of the Meridian Fire Department as follows: 1. One and two family dwellings will require afire-flow of 1,000 gallons per minute available for duration of 2 hours to serve the entire project. Fire hydrants shall be FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDTI'IONAL USE PERMIT PAGE 16 OF 21 placed an average of 400' apart. 1997 UFC Appendix III-A 2. Acceptance of the water supply for fire protection will be by the Meridian Water Department. 3. Final approval of the fire hydrant locations shall be by the Meridian Fire Department, which are submitted to the Public Works Department. 4. 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 a tum around. 5. All roads shall have a turning radius of 28' inside and 48' outside. 6. Insure that all yet undeveloped parcels aze maintained free of combustible vegetation per section 1103.2.4 of the Uniform Fire Code. Operational fire hydrants and temporary or permanent street signs aze required before combustible construction begins. UFC 901.4.2 & 901.3 D. Adopt the Recommendations of the Nampa & Meridian Irrigation District as follows: Nampa & Meridian Irrigation District requires aland-use change application. All storm drainage must be retained on site. All lateral and waste ways must be protected. The Developer must comply with Idaho Code #31-3905. 2. Nampa & Meridian's Jackson Drain courses through the center of the proposed project. The easement of the Jackson Drain must be protected and any encroachment without approved plans and a signed license agreement is unacceptable. E. Adopt the action of the City Council taken at their July 8, 2003 meeting as follows: The applicant shall not be required to provide the 35' landscape buffer on the west end of the property. The existing ponds adjacent to the property serve as significant buffers from the meat processing facility. 2. The applicant shall be required to build an asphalt pathway, according to Nampa & Meridian Irrigation District standards or the Pazks Department standards, and pipe the drain through the pocket park within the middle section of this amenity. The applicant shall be required to submit a plan to the Planning and Zoning Department for approval of the playground equipment or recreation equipment to be used for this amenity. Also, this pathway shall be included within the plat notes that the pathway is for multi-use and not for private access only. In the event that Nampa & Meridian Irrigation District requires a License Agreement with the City for the pathway along FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT PAGE 17 OF 21 the Jackson Drain, the Homeowner's Association shall enter into an indemnity ageement whereby it will assume the obligations of the City under the License Ageement, and, defend and hold the City harmless from any liability asserted for violation of, or arising out of, the License Ageement. The applicant shall be allowed to upgade the existing pressure imgation pump station for Fothergill Subdivision, if the Nampa & Meridian Irrigation District gives their written approval and the applicant submits said written approval to the Planning and Zoning Department, which would then become a regional pump station for Fothergill subdivision and the Trailway Park Subdivision. The applicant shall also submit recommendation to the Planning and Zoning Department setting forth who will actually own and maintain said pump station. 4. Pertaining to the headgate, which is located on Mr. Fothergill's property, the applicant shall work with the Nampa & Meridian Irrigation District to determine if the headgate has a present purpose, or if it can be abandoned and removed. Applicant shall work with neighbors to resolve this issue. 5. The Watts Lateral, which courses through part of the project, is a user's ditch, and Settler's Irrigation District is not requiring a separate lot but only that the applicant shall pipe the ditch along the perimeter which courses through the project, and to provide an easement for access for the District. The easement width shall be as ageed upon between Settler's Irrigation District and the applicant. 6. Pertaining to the fencing requirements for the pathway and micro-paths within this project, any lots that run with the pathway and/or micro-paths shall either be an open vision fence or solid fencing with a maximum height of four feet. The applicant shall submit a fencing plan to the Planning and Zoning Department for approval. 7. The revised plat for this project is dated June 27, 2003, and is hereby approved. 2. The conditions shall be reviewable by the Council pursuant to Meridian City Code § 11-17-9. The above conditions are concluded to be reasonable and the applicant shall meet such requirements as a condition of approval of the application for a conditional use permit. 4. That the City Attorney draft an Order Granting Conditional Use Permit in accordance with this Decision, which shall be signed by the Mayor and City Clerk and then a copy served by the Clerk upon the applicant, the Planning and Zoning Department, the Public FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDTI'IONAL USE PERMIT PAGE 18 OF 21 Works Department and any affected party requesting notice. NOTICE OF EIGHTEEN (18) MONTH CONDITIONAL USE PERMIT DURATION Please take notice that the conditional use permit shall be valid for a maximum period of eighteen (18) months unless otherwise approved by the council. During this time, the permit holder must commence the use as permitted in accordance with the conditions of approval, satisfy the requirements set forth in the conditions of approval, acquire building permits and commence construction of permanent footings or structures on or in the ground. In this context "structures" shall include sewer and water lines, streets or building construction. The applicant has specified in the application and to the commission and council a construction schedule and completion date for the project. If the completion date specified for the project is exceeded, the conditional use application shall become null and void. However, the applicant may submit an application for a time extension on the project for city council review. The application for time extension shall be submitted at least thirty (30) days prior to the deadline for completion of the project. For projects requiring platting, the final plat must be recorded within this eighteen (18) month period. For projects with multiple phases, the eighteen (18) month deadline shall apply to the first phase. In the event that the development is made in successive contiguous segments or multiple phases, such phases shall be constructed within successive intervals of one year from the original date of approval by the council. If the successive phases are not submitted within one year intervals, the conditional approval of the future phases shall be null and void. (MCC 11-17- 4.B.) NOTICE OF FINAL ACTION AND RIGHT TO REGULATORY TAHINGS ANALYSIS FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMrr PAGE 19 OF 21 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 maybe 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 maybe adversely affected by the issuance or denial of the conditional use permit approval 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 ~.2.n`~ day of o , 2003. ROLL CALL: COUNCILMAN KEITH BIRD VOTED COUNCILWOMAN TAMMY deWEERD VOTED COUNCILWOMAN CHERIE Mc CANDLESS VOTED COUNCILMAN WILLIAM L.M. NARY VOTED ` 'Q MAYOR ROBERT D. CORRIE (TIE BREAKER) VOTED _ DATED: '~-22-03 MOTION: APPROVED: DISAPPROVED: FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDTTIONAL USE PERMIT PAGE 20 OF 21 ~~u+"`~~~~""'+~7~ayor Robert D. Corrie Attest: ~ ^\G~~~o ~ ~q'1' ~~'% T~, 111iam G. Berg, Jr., City Jerk SEAL 9 9 Copy served upon Applicant, Planning and fL~lep~a4t, Public Works ~a``~ pF MfRj'''% Department and the City Attorney. """"""'""~ ^°G~~ ~/q '~~ a'~'~~0~'F y ~,; a By: ~ Dated: ~ ~~~ SEAL City Clerk - ~ ~; 9~,9 ~~` T 1ST • ,~ ~~ :~ ~, C P O ^^ °~~~p ~IiNTY1n``O~``^^ Z:\Work\IvlVvleridian\Ivleridian 15360M\Trnilway Pazk Sub AZ-03-O1 D PP-03-011 CUP-03A21\Ff1r1sCUP03-021.doc FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT PAGE 21 OF 21 BEFORE THE CITY COUNCIL OF THE CITY OF MERIDIAN C/C 07/08/03 IN THE MATTER OF THE REQUEST FOR CONDITIONAL USE PERMIT FOR A PLANNED DEVELOPMENT FOR TRAILWAY PARK SUBDIVISION IN AN R-8 ZONE, LOCATED ON E. BLUE HERON ROAD, NORTH OF FAIRVIEW ROAD AND E. OF NORTH MERIDIAN ROAD, MERIDIAN, IDAHO Case No. CUP-03-021 ORDER GRANTING CONDITIONAL USE PERMIT HILLVIEW DEVELOPMENT CORPORATION, APPLICANT This matter coming before the City Council on July 8, 2003, under the provisions of Meridian City Code § 11-17-4 for final action on conditional use permit application and the Council having received and approving the Recommendation of the Planning and Zoning Commission the Council takes the following action: 2. That the above named applicant is granted a conditional use permit for a Planned Development consisting One-hundred and Forty-five Single-family detached lots and Sixteen Single-family attached lots, for a total of 161 building lots, one "Neighborhood" pazk and Twenty-three common lots on 39.15 acres in a proposed R-8 zone for Trailway Park Subdivision located on E. Blue Heron Road, north of Fairview Road and E. of North Meridian Road, ORDER CONDTTIONAL USE PERMIT (CUP-03-021) PAGE 1 OF 8 Meridian, Idaho, subject to the following conditions of use and development: A. Adopt the Recommendations of the Planning and Zoning and Engineering staff as follows: Applicant shall meet all of the requirements of the preliminary plat as a condition of the Conditional Use Permit. 2. All development shall comply with the American with Disabilities Act and the Fair Housing Act. 3. The reductions to the frontage and minimum lot sizes; as well as the request to exceed block length maximums are approved as submitted. 4. Add a "tot lot" to the proposed pazk (Block 9, Lot 13). (See E.2. hereinbelow per action of the City Council taken at their July 8, 2003 meeting.) B. Adopt the Recommendations of the Ada County Highway District as follows: 1. Dedicate 42-feet ofright-of--way on Blue Heron Lane and provide apublicright's-of- way road trust deposit for one-half of a 29-foot street section with curb, gutter and 5- foot concrete sidewalk, provide 24-feet of pavement as well as the appropriate amount of fill required to fill the Jackson Drain on Blue Heron Lane (from the west property line to Eureka Avenue.) 2. Construct East James Court (from the West property line to North Eureka Place) as a 40-foot street section with vertical curb, gutter and 5-foot concrete sidewalk within 60-feet ofright-of--way, as proposed. 3. Construct East James Court (from North Eureka Place to East Cougar Drive) as a residential collector with a 36-foot street section with vertical curb, gutter and a detached 4-foot concrete sidewalk (within an easement) within 50-feet of right-of- way, as proposed. Front on housing and pazking is prohibited on this roadway. 4. Construct the internal roadways as 36-foot street sections with curb, gutter and sidewalk within 50-feet ofright-of--way, as proposed. Construct a 5-foot attached on the majority of the internal roadways, with the exception of a 4-foot detached sidewalk on East Cougar Drive (from East Chateau Drive to East Blue Heron Street), James Court (from North Eureka Avenue to East Cougaz Drive) and East Chateau Drive (from East Cougaz Drive to North Grouse Avenue), as proposed. 5. Extend East James Court from the west property line approximately 430-feet north of ORDER CONDITIONAL USE PERNIIT (CUP-03-021) PAGE 2 OF 8 the south property line, as proposed. 6. Extend East Willow Brook Drive from the east property line approximately 100-feet north of the south property line, as proposed. 7. Extend Blue Heron Street from the east property line approximately 100-feet south of the north property line, as proposed. 8. Extend Capecod Way from the north property line approximately 370-feet west of the east property line, as proposed. 9. Extend Nor[h Eureka Avenue from the North property line approximately 100-feet east of the west property line, as proposed. 10. Extend Blue Heron Lane from the west and north property lines, as proposed. 11. Construct one cul-de-sac turnaround at the north end of Eureka Place, as proposed. Provide a minimum turning radius of 45-feet. 12. Construct two knuckles within the subdivision, as proposed. The design shall be reviewed and approved by ACHD's Development staff. 13. Any proposed landscape islands/medians within the publicright-of--way dedicated by this plat shall be owned and maintained by a homeowners association. Notes of this shall be required on the final plat. 14. Direct lot access to the segment of James Court (from the west property line to Cougar Drive) is prohibited. 15. Comply with all Standard Conditions of Approval. Standard Conditions of Approval 1. Any existing irrigation facilities shall be relocated outside of the 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 ofthe proposed development. Contact Construction Services at 387-6280 (with file number) for details. ORDER CONDTTIONAL USE PERMIT (CUP-03-021) PAGE 3 OF 8 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. 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 of Idaho 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. 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 #197, also known as Ada County Highway District Road hnpact Fee Ordinance. 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 with 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 propertywhich 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 awaiver/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. ORDER CONDTTIONAL USE PERNIIT (CUP-03-021) PAGE 4 OF 8 C. Adopt the Recommendations of the Meridian Fire Department as follows: One and two family dwellings will require afire-flow of 1,000 gallons per minute available for duration of 2 hours to serve the entire project. Fire hydrants shall be placed an average of 400' apart. 1997 UFC Appendix III-A 2. Acceptance of the water supply for fire protection will be by the Meridian Water Department. 3. Final approval of the fire hydrant locations shall be by the Meridian Fire Department, which are submitted to the Public Works Department. 4. 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 a turn around. 5. All roads shall have a fuming radius of 28' inside and 48' outside. 6. Insure that all yet undeveloped parcels are maintained free of combustible vegetation per section 1103.2.4 of the Uniform Fire Code. Operational fire hydrants and temporary or permanent street signs are required before combustible construction begins. UFC 901.4.2 & 901.3 D. Adopt the Recommendations of the Nampa & Meridian Irrigation District as follows: 1. Nampa & Meridian Irrigation District requires gland-use change application. All storm drainage must be retained on site. All lateral and waste ways must be protected. The Developer must comply with Idaho Code #31-3905. 2. Nampa & Meridian's Jackson Drain courses through the center of the proposed project. The easement ofthe Jackson Drain must be protected and any encroachment without approved plans and a signed license agreement is unacceptable. E. Adopt the action of the City Council taken at their July 8, 2003 meeting as follows: 1. The applicant shall not be required to provide the 35' landscape buffer on the west end of the property. The existing ponds adjacent to the property serve as significant buffers from the meat processing facility. 2. The applicant shall be required to build an asphalt pathway, according to the Nampa & Meridian Irrigation District standazds or the Parks Department standards, and pipe ORDER CONDTTIONAL USE PERMIT (CUP-03-021) PAGE 5 OF 8 the drain through the pocket park within the middle section of this amenity. The applicant shall be required to submit a plan to the Planning and Zoning Department for approval ofthe playground equipment or recreation equipment to be used for this amenity. Also, this pathway shall be included within the plat notes that the pathway is for multi-use and not for private access only. In the event that Nampa & Meridian Irrigation District requires a License Agreement with the City for the pathway along the Jackson Drain, the Homeowner's Association shall enter into an indemnity agreement whereby it will assume the obligations of the City under the License Agreement, and, defend and hold the City harmless from any liability asserted for violation of, or arising out of, the License Agreement. 3. The applicant shall be allowed to upgrade the existing pressure irrigation pump station for Fothergill Subdivision, if the Nampa & Meridian Irrigation District gives their written approval and the applicant submits said written approval to the Planning and Zoning Department, which would then become a regional pump station for Fothergill subdivision and the Trailway Park Subdivision. The applicant shall also submit recommendation to the Planning and Zoning Department setting forth who will actually own and maintain said pump station. 4. Pertaining to the headgate, which is located on Mr. Fothergill's property, the applicant shall work with the Nampa & Meridian Irrigation District to determine if the headgate has a present purpose, or if it can be abandoned and removed. Applicant shall work with neighbors to resolve this issue. 5. The Watts Lateral, which courses through part of the project, is a user's ditch, and Settler's hrigafion District is not requiring a separate lot but only that the applicant shall pipe the ditch along the perimeter which courses through the project, and to provide an easement for access for the District. The easement width shall be as agreed upon between Settler's Irrigation District and the applicant. 6. Pertaining to the fencing requirements for the pathway and micro-paths within this project, any lots that run with the pathway and/or micro-paths shall either be an open vision fence or solid fencing with a maximum height of four feet. The applicant shall submit a fencing plan to the Planning and Zoning Department for approval. The revised plat for this project is dated June 27, 2003, and is hereby approved. The above conditions are concluded to be reasonable and the applicant shall meet such requirements as a condition of approval of the application for a conditional use permit. ORDER CONDITIONAL USE PERNIIT (CUP-03-021) PAGE 6 OF 8 4. Notice to Permit Holder, this conditional use permit is not transferable without complying with the provisions of Meridian City Code § 11-17-8, a copy of which is attached to this permit. NOTICE OF EIGHTEEN (18) MONTH CONDITIONAL USE PERMIT DURATION Please take notice that the conditional use permit shall be valid for a maximum period of eighteen (18) months unless otherwise approved by the council. During this time, the permit holder must commence the use as permitted in accordance with the conditions of approval, satisfy the requirements set forth in the conditions of approval, acquire building permits and commence construction of permanent footings or structures on or in the ground. In this context "structures" shall include sewer and water lines, streets or building construction. The applicant has specified in the application and to the commission and council a construction schedule and completion date for the project. If the completion date specified for the project is exceeded, the conditional use application shall become null and void. However, the applicant may submit an application for a time extension on the project for city council review. The application for time extension shall be submitted at least thirty (30) days prior to the deadline for completion of the project. For projects requiring platting, the final plat must be recorded within this eighteen (18) month period. For projects with multiple phases, the eighteen (18) month deadline shall apply to the first phase. In the event that the development is made in successive contiguous segments or multiple phases, such phases shall be constructed within successive intervals of one year from the original date of approval by the council. If the successive phases are not submitted within one year intervals, the conditional approval of the future phases shall be null and void. (MCC 11-17- ORDER CONDTTIONAL USE PERMIT (CUP-03-021) PAGE 7 OF S 4.B.) NOTICE OF RIGHT TO REGULATORY TAHINGS 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 wrifing, 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 maybe filed. By action of the City Council at its regular meeting held on the 22~ day of 2003 Robert D. Come, Mayor City of Meridian \` r„„~uuun~ii~~~ Attest: ``\~.G\,~y OF MERj~%,,. ,~~~~ r 9y /~~ Fo _ -_ SEAL _ y O~ illiam G. Berg, Jr., C erk ?, yo ~sr 1ST , ~~ ~ \~~ Copy served upon Applicant, the Planning and Zoning Department, Public and City Attorney. Bye=~~~/""~i City Clerk 3 Z:\WorkN-flMeridienN~leridian 15360M\Ttailway Park Sub .42-03-OIO PP-03-011 CUP-03-021\Orde~CLlP.doc ORDER CONDTTIONAL USE PERMIT (CUP-03-021) „~~~iiurinir, i; Works Depar~u~l~jF MER/~~''%,~ oaPOR,q '9?, ', .~ rFO SEAL PAGE 8 OF 8