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HomeMy WebLinkAboutMallane Professional Office CUPFebruary 2, 2004 CUP 03-068 MERIDIAN PLANNING & ZONING MEETING February 5, 2004 APPLICANT Thomas R. ~Iliams ITEM NO. REQUEST Public Hearing -Request for a Conditional Use Permit for professional office and retail use in a C-G wne as required by the Rngl Plat for Mallane Professional Offices -south of North Hickory Way and north of East Fairview Avenue AGENCY COMMENTS CITY CLERK: CITY ENGINEER: CITY PLANNING DIRECTOR: CITY ATTORNEY CITY POLICE DEPF: CITY FIRE DEPT: CITY BUILDING DEPT: CITY WATER DEPT: CITY SEWER DEPT: CITY PARKS DEPT: MERIDIAN SCHOOL DISTRICT: SANITARY SERVICES: ADA COUNTY HIGWWAY DISTRICT: CENTRAL DISTRICT HEALTH: See attached Staff Comments No Comment No Comment See attached Comments See attached Comments NAMPA MERIDIAN IRRIGATION: NO Commentt SETTLERS' IRRIGATION: IDAHO POWER: INTERMOUNTAIN GAS: OTHER: Seepttached AfRdavit of Posting Emailed: ~C~V~,y~~l9~.J ~ Q~ ~L ~ GIV Phone: ~ /.~ - Maiedab presented at public meeHnys shall becane properly of the City MAYOR Tammy de Weerd CITY COUNCIL MEMBERS Ketch Bird William L.M. Nary shaun Wardle Charles M. Rountree ~, ~ ,~' C0Y OP ~.~YL Bt"11~1G~j? li IDAHO LEGAL DEPARTMENT (208) 4H8-9272 Fax 486.4405 PUBLIC WORKS BUILDING DEPARTMENT (208) B96-5500 ~ Fax 898.9557 PLANNING AND ZONING DEPARTMENT (ZOB) 8646533 ~ FAx 888-6654 MEMORANDUM: Transmittal Date: January 29, 2004 Hearing Date: February 5, 2004 7~ To: Mayor, City Council and Planning & Zoning Commission ~,~ ~~ ~j I V L' 1J ,..;_ From: Bruce Freckleton, Assistant to City Engineer I° - -~ 0 2 2004 Steve Siddoway, Principal Planner --- City Of Meridian City Clerk Office Re: Mallane Professional Offices Request for a Conditional Use Permit for professional office and retail use in a C-G Zone, by Thomas R. Williams (File No. CUP-03-068). We have reviewed this submittal and offer the following comments, as conditions of the applicant. These conditions shall be considered in full, unless expressly modified or deleted by motion of the Meridian City Council: APPLICATION SUMMARY The applicant, Thomas R. Williams on behalf of Trinity Home Mortgage, has, requested approval of a conditional use permit (CUP) for a new 5,400 square foot office/retail building. The subject property was rezoned on 5/20/03 to C-Gas part ofthe Mallane Commercial Complex, file numberRZ-03-001, The peoperty was platted at the same time as Mallane Subdivision, file number FP-03-001. The final plat was recorded on 10/1/03. The proposed project is on Lot 5, Block 1 of Mallane Subdivision. A conditional use permit is required for all lots in the subdivision per note 4 on the final plat. The conditional use process was required in order to give the Commission and Council an opportunity to consider potential impacts to the adjacent Dove Meadows Subdivision. Staff finds that the proposed building is in substantial compliance with the concept plan submitted with the plat and does not anticipate significant negative impacts on the neighboring subdivision. Therefore, staffrecommends approval of the project with the conditions noted in this report. LOCATION & SURROUNDING USES The subject property is located near the intersection of Fairview Avenue and Hickory Way, just east of the Louie's Restaurant site. The following uses surround the subject property: North -Dove Meadows Subdivision and Capital Christian Center, zoned L-O and R-8. CITP-03-06S Mallaue Pmfe~ional Offices.CUP Planning & Zoning Commission/Mayor & City Council February 5, 204 (Hearing Date) Page 2 South - D.L. Evans Bank and Louies Restaurant in Mallane Commercial Complex, zoned GG. East -vacant land in Mallane Commercial Complex, zoned L-O. West -Capital Christian Center, zoned L-O. OWNER OF RECORD The owners of record aze Ron & Sari Trompke, and they have given their consent for the applicant to submit the requested conditional use permit. STANDARD5 FOR CONDITIONAL USES The Commission and Council shall review the particular facts and circumstances of each proposed conditional uae in terms of the following, and may approve a conditional use permit if they shall find evidence presented at the hearing(s) is adequate to establish (11-17-3): A. That the site is large enough to accommodate the proposed use and aA yards, open spaces, parking, taodscaping and other features as may be required by this ordinance; Staff finds that the subject property is large enough to accommodate the required open spaces, parking, landscaping and other features required by the ordinance. Several site modifications will need to be made to the landscaping and pazking plans in order to be in compliance with the MCC, as detailed under site specific conditions. B. That the proposed use and development plan will be harmonious with the Meridian Comprehensive Plan and in accordance wiW the requirements of this Ordinance; The Comprehensive Plan Land Use Map designates the property as "Commercial" and it is c.~-lrently zoned C-G. Staff finds that the requested use is in compliance with the approved Future Land Use Map and that if approved as a CUP the project will be in compliance with the MCC. C. That the design, constraction, 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; Staff finds that the proposed development will not adversely change the existing or intended character of the general vicinity. The site is intended for commercial development per the Comprehensive Plan and existing zoning designations. Staff notes that this finding is the primary reason for the CUP requirement and encourages the Commission and Council to give this finding special consideration. Given the scale and orientation of the building, staff does CUP-03-068 Mallane Professional O~ces.CUP Ptanning & Zoning Commission/Mayor & City Council February 5, 204 (Hearing Date) Page 3 believe that it will pose an adverse impact on the surrounding neighborhood. The required improvements for Mallane Subdivision, including landscape buffers and a block wall adjacent to Dove Meadows, should be in place prior to occupancy of the proposed building. See item D below. D. That the proposed use, if it complies with all conditions of the approval imposed, will not adversely affect other property in the vicinity; Staff does not anticipate that the proposed use will adversely affect adjacent properties. The scale of the development should min;m;~e impacts on the surrounding neighborhood. The Commission and Council should rely upon public testimony to determine if the development will adversely affect the other property in the vicinity. E. That the proposed use will be served adequately by essential public facilities and services such as highways, street, police, and fire protection, drainage structures, refuse disposal, water, sewer or that the person responsible for the establishment of proposed conditional use shall be able to provide adequately any such services; Staff finds that the proposed development can be adequately served by the essential public facilities and services listed above. Sewer, water, fire hydrants, etc. were all installed as part of the subdivision improvements. F. That the proposed pse will not create excessive additional requirements at public cost for public facilities and services and will not be detrimental to the economic welfare of the community; Staff finds that the proposed oflice/commercial use will not be detrimental to the economic welfare of the community, nor would it create the need for a~+ new facilities or services to be paid for by the public. 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 general welfare by reason of excessive production of tratTic, noise, smoke, fumes, glare or odors; Staff finds that no smoke, fumes, glare or odors will result from the proposed use. The ACHD report for this project is a "comply with" Mallane Commercial Complex. No new trip generation estimates have been calculated for the project, but it will be a fraction of the 2000 trips planned for the overall development. H. That the proposed use will have vehicular approaches to the property which shall be so designed as not to create an interference with traffic on surrounding public streets; CUP-03-068 Mallme Profesvonal OfficesCUP Planning & Zoning Commission/Mayor & City Council February 5, 204 (Hearing Date) Page 4 Stafffinds that the proposed use will not create significarn interference with any traffic on the surrounding public streets. Curb cuts for the subdivision were previously approved and constructed; the proposed project will be using the approved curb cut locations. Please refer to ACHD commerns for additional detail on this issue. Hickory Way is classified as a Collector and is designed to accommodate additional trips. I. That the proposed use wdl not result in the destruction, loss or damage of a natural, scenic or historic feature considered to be of major importance. 5tafffinds that no natural or scenic feature will be lost, damaged or destroyed by issuance of this conditional use. SPECIAL CONSIDERATIONS Parking Lot: The parking lot dimensions need to be modified to conform to MCC standards. City ordinance requires drive aisles to be at least 25 feet wide and pazking stall depth to be at least 19 feet. The proposed layout shows the drive aisles as 24 feet wide and stall depth as 20 feet. See P&Z Condition #2. 2. Landscaping: The street buffer landscaping along N. Hickory Way was previously approved and required as part of the subdivision improvements with the final plat. However, it has not yet been constructed and the bond for the landscaping has expired. Therefore, staffproposes that either the bond be renewed or the subdivision improvements completed prior to issuance of a building permit for the project. All subdivision improvements, including landscaping and the wall, must be complete prior to occupancy ofthe structure. See P&Z Condition #3. Also, the landscaping shown on the proposed site plan for the street buffer along Hickory Way does not match the final plat landscape plan. Staffrecommends revising the landscape plan to reflect the street buffer landscaping as approved with the final plat-along the ernire lot to be done `by others'. The applicarn will be responsible for all landscaping internal to the site, beyond the street buffer. See P&Z Condition #5 and #6. The site plan currernly depicts 14 spaces in a row west ofthe proposed building. Not more than 12 in a row are permitted per Ordinance without an internal planter breaking up the row of parking. See P&Z Condition #5. Future Development Area: No user is currently proposed for the future developmern azea on the eastern portion ofthe lot. Since this portion ofthe lot may sit undeveloped indefinitely, staff recommends that the area be landscaped with at least grass to dress up the proposed unimproved area until the future development occurs. See P&Z Condition #5. Unless approved with a detailed site plan as part ofthis application, the future development area will also require a separate CUP. See P&Z Condition #7. CUP-03-068 Mallane Professional OH'ices.CUP Planrring & Zoning Commission/Mayor & City Council February 5, 204 (Hearing Date) Page 5 4. Sewer and water mains in the subdivision have not received final approved. 1111 such utilities required by the plat must be complete, inspected, and approved prior to issuance of a building permit. Curbs & Sidewalk: The site plan does not depict curb, gutter, or sidewalk improvements south of the proposed parking area. Curbs should be added along the south side of the parking lot and corninue south along the drive aisle, connecting to the existing curb and then continuing east out to Hickory Way. The sidewalk that ends at the north edge of the parking area should be continued north to connect with the sidewalk along Hickory Way. The Commission should also consider whether or not a sidewalk should be required along the drive aisle on the south side of the lot. See P&Z Condition #8. 6. Signage: No signage information was submitted with the application. In the discussions with the applicant, staff has learned that no freestanding sign will be proposed for the project. Instead, the proposed tenant, Trinity Home Mortgage, intends to place a 3x12 sign on the building. The applicant should submit details or a photo of the sign prior to the hearing, with calculations to show that the proposed sign meets the dimensional allowances of the sign ordinance. 7. Trash Enclosure: SSC has requested a dedicated access aisle to get to the trash enclosure on the north side of the building. As currently drawn, access to the enclosure may be blocked by avehicle. See SSC Condition #1. CONDITIONS OF APPROVAL P[,aNPrtivG & ZONIxG (P&Z) 1. This conditional use permit shall be subject to the expiration provisions set forth in MCC 11- 17-4.B. 2. All 90-degree pazking stalls shall be at least 9 feet wide and 19 feet deep per Ordinance 11- 13-4.F. All two-way drive aisles adjacent to parking shall be at least 25 feet wide. Handicap pazking spaces shall be signed and striped in compliance with Federal accessibility guidelines. 3. All subdivision improvemerns, including landscaping and the wall, must have an active bond prior to release of building permits for the project; and all said improvements must be complete prior to occupancy of the structure. CUP-03-068 Mallene Prore~ional Officee.CUP Planning & Zoning Commission/Mayor & City Council February 5, 204 (Hearing Date) Page 6 4. The project shall maimaincross-access across the property, in conformance with the recorded cross-access agreement, instrument number 102056607. The following modifications are required to the landscape plan. • Modify the street buffer landscaping along Hickory Way to reflect the landscaping approved with the final plat. • Add a planter in the long row of pazking stalls west of the building so that there are no more than 12 spaces in a row without a planter. • Landscape the future deveiopment area with at least grass or other vegetative groundcover. 6. Applicarn shall submit 10 copies of revised site plan and landscape plan for review and approval at least 10 days prior to the next public hearing on this project. 7. Any future expansion must be approved through a separate CUP process. 8. Curbs shall be added along the south side of the parking lot and continue south along the drive aisle, connecting to the existing curb and then continuing east out to Hickory Way. Curbs should be designed to match curbs planned for the south side of the drive aisle, adjacent to D.L. Evans Bank. The sidewalk that ends at the north edge of the parking area shall be continued north to connect with the sidewalk along Hickory Way. 9. Sanitary sewer and water service shall be from main lines being installed on the property. 10: All exterior lighting, whether attached to the building or located within the parking lot, shall be down-shielded or otherwise altered so that the light does not spill over onto adjacent properties orright-of--way. All parking lot lighting shall be in accordance with Ordinance 11- 13-4C. 11, All signage shall be in accordance with the standards set forth in Section 11-14 ofthe City Zoning and Developmern Ordinance. All signage shall require separate permits. 12. All construction and she improvemerns shall conform to the requirements of the Americans with Disabilities Act and the adopted building and fire codes. 13. A Certificate of Zoning Compliance (CZC) for the project shall be required prior to application for building permits. 14. A drainage plan designed by a State of Idaho licensed azchitect or engineer is required and shall be submitted to the City Engineer (Ord. 557, 10-1-91) for all off-street pazking areas. Storm water treatment and disposal must be designed in accordance with Department of Environmental Quality 1997 publication Catalog of Storm Water Best Managemem Practices CUP-03-068 Maaane Professional Offices.CUP Planning & Zoning Commission/Mayor & City Council February 5, 204 (Hearing Date) Page 7 for Idaho Cities and Counties and City of Meridian standazds and policies. Off-site disposal into a 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 fding all necessary applications with the Idaho Department of Water Resources regarding Shallow Injection Wells. 15. Certificate of Occupancy: All required improvements must be complete prior to obtaining a Certificate of Occupancy for the proposed developmem. A temporary Certificate of Occupancy maybe obtained by providing surety to the City in the form of a letter of credit or cash iri the amount of 110% of the cost of the required improvements (including paving, striping, landscaping, and irrigation). A bid must accompany any request for temporary occupancy. SANTfARY SERVICES COMPANY (SSG Add an approach to the trash enclosure that will allow SSC tnacks to access the enclosure without a vehicle parked in front of it. 2. Design the enclosure per the standard recommendations ofSSC for access, gates, floor/pad, container stops/bumpers, and dimensions. Coordinate the design with SSC. Approval ofthe trash enclosure design will be required prior to issuance of a Certificate ofZoning Compliance for the project. FIRE DEPARTMENT 1. Acceptance of the water supply for fire protection will be by the Meridian Water Department. 2. Final Approval of the fire hydrarrt locations shall be by the Meridian Fire Department. a. Fire Hydrams shall have the 4'/z" outlet face the main street or parking lot aisle. b. The Fire hydrant shall not face a street which does not have addresses on it. c. Fire hydrant markers shall be provided per Public Works spec. d. Locations with fire hydrants shall have the curb painted red 10' to each side of the hydrant location. e. Fire Hydrants shall be placed on corners. f. Fire hydrants shall not have any vertical obstructions to outlets within 10'. 3. 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. 4. All entrance and internal roads shall have a turning radius of 28' inside and 48' outside. CUP-03-068 Mallane Professional OaiceaCUP Planning & Zoning Commission/Mayor & City Council February S, 204 (Hearing Date) Page 8 5. Inswe that all yet undeveloped parcels are maintained free of combustible vegetation. 6. Operational fire hydrants and temporary or permanent street signs are required before combustible construction begins. 7. Building setbacks shall be per the Building Code for one and two story construction. 8. The roadways shall be built to Ada County Highway Standards and shall have a clear driving surface, available at all times, which is 20' wide. Streets with less than a 29' street width shall have no pazking. Streets with less than 33' shall have parking only on one side. 9. Fire lanes and streets shall have a vertical clearance of 13'6". This includes mature landscaping. 10. Commercial and office occupancies will require afire-bow consistent with the Uniform Fire Code to service the proposed project. Fire hydrants shall be placed an average of 300' apart. RECOMMENDATION Upon resolution of the rP.na;ning issues raised under Special Considerations, staff recommends approval of this application with the aforementioned conditions of approval. CUP-03.068 Ma0ane Professional OH'ices.CUP MAYOR Robert D. Corrie CITY COUNCIL MEMBERS Tammy de Weexd William L. M. Nary Cherie McCandless "Y n ;p FF.,_e~~{ C../VlBY1G~1G~•17 11 IDAHO LEGAL DEPARTMENT (208) 466-9272 • FAX 46G-4405 PARKS &. RECREATION (208) 888-3579 • Fax 898-5501 PUBLIC WORKS (208) 898-5500 • Fax 887-1297 BUILDING DEPARTMENT (208) 887-221 l • Pax 887-1297 Keith Biid "°"`T~.asuREV^j5' sixce PLANNING&ZONING 199 (208) 884-5533 • Fax 888-6854 TRANSMITTALS TO AGENCIES FOR COMMENTS ON DEVELOPMENT PROJECTS WITH THE CITY OF MERIDIAN To insure that your comments and recommendations will be considered by the Meridian Planning and Zoning Commission, please submit your comments and recommendations to Meridian City Clerk's Office Attn: Will Berg, City Clerk, by: January Transmittal Date: January 6, 2004 File No.: CUP 03-068 Request: Conditional Use Permit for pi 2004 office and retail use in a C-G zone as required by Final Plat for Mallane Professional Offices By: Thomas R. Williams Location of Property or Project: south of North Hickory Way and north of East Fairview Avenue David Zaremba, P2 (No vAR, VAC, FPJ Vecant, P/Z (No VAR, VAC, FP) Leslie Mathes, P/Z (No VAR, VAC, FPJ Michael Rohm, P2 (No VAR, VAC, FP) Keith Borup, P/Z (No VAR, VAC, FP) Robert Come, Mayor Bill Nary, C/C Tammy deWeerd, C/C Keith Bird, C/C Cherie McCandless, C/C ater Department Sewer Department Sanitary Service (No VAR, VAC, FP) Building Department Fire Department Police Department City Attorney City Engineer City Planner JI"11\ V 1 LVV 1 REC~?~~~ CITE ~3~' IVIEIiIDIAN JAN - 8 2004 WASTEWATER DEPT. City ofMeridia 2004 Hearing Date: Meridian School District (No FPJ Meridian Past Office (FPiPPOnty) Ada County Highway District Ada County Development Services Central District Health Nampa Meridian brig. District Settlers Irrigation District Idaho Power Co. (FP/PP Dory) U.S. West (FP/PP ~~ty) Intermountain Gas (FPiPP ~~ty) Bureau of Reclamation (FP/PP OMy) Idaho Transportation Department (No FP) Ada County (Annexation only) Ada County Land Records (FP~PP Dory) Meridian Development Corporation Historical Preservation Commission Your Concise Remarks: 33 EAST IDAHO AVENUE • MERIDIAN, IDAHO 83642 • (208) 888-44 City Clerk Oflioe City Clerk Office Fax (208) 888-4218 Human Resources Fax (208) 884-8723 Finance & Utility Billing Fax (208) 887-4813 RECEIVED Jp.'~I ' '~ ;p~l~ f~roF~xrnrax '~Ct ajr~ ~c ~ ~ez~;diar~ ~na~cz ~ut,~cic>~ 1503 FIRST STREET SOUTH NAMPA, IDAHO 83651-4395 FAX # 208-463-0092 12 January, 2004 Phones: Area Code 208 OFFICE: Nampa 466-7661 SHOP: Nampa 466-0663 - _ --1~j Grp Jr. City.Gl~~ City of t~9eridian 33 East Idaho Ave. Meridian, ID 83642 RE: GUP03-68; Mallane Professional Offices Dear Will: Nampa & Meridian Irrigation District has no comment on the above referenced application for Conditional Use Permit for professional office and retail use in a C-G zone as required by Final Plat for Mallane Professional Offices. Thank you, p3.~~-- Bill Henson Asst. Watier Superintendent Nampa & Meridian Irrigation District BH/dbg C: Water Superintendent File -Office/Shop ~CE~D CONTRACTOR AFFIDAVIT JAN p 62003 pCI~~ ME ZO~G I Dan Sweia. located at 2127 Overland Rd. Boise, ID, being first duly sworn upon oath, depose and say: 1. That the sign pictured below was installed on January 25th; 2004 at 1:15PM. 2. That the sign pictured below is placed on Lot 5 Block 1 of the Mallane Subdivision Located North of Fairview and South of North Hickory Way in Meridian, Idaho. 3. That the sign pictured below complies with City of Meridian Ordinance No. 03-1007. I~,FC~IV~~~ Dated this a (old Day of 20~. JAN 2 ' 2004 City Of IVleridian ~~~n~~ ~ City Clerk Office (Signature) SUSSCFIIf3~q~UVD SWORN to before me the day and year first mention above written. _, ~o; / .. __ Notary P is for Idaho . ' = Residin t ~ - - ~.-,~ My commission expires: ~'/ ~"~ r Looking SoutAi from Hickory Street. Louis Italian Restaurant is to the West. Looking North from Hickory Street. Louis Italian Restaurant is to the West. CENTRAL CENTRAL DISTRICT HEALTH DEPARTMENT .. DISTRICT Return to: HEALTH Environmental Health Division ^ Boise DEPARTMENT ^ Eagle Rezone # ^ Garden City Conditional Use # Cup 03 ' GG~ Meridian ^ Kuna Preliminary /Final /Short Plat ^ ACZ ,i n ~. ~~ -~ Star ~L We have No Objections to this Proposal. JAPE .j G iSl04 ^ 2. We recommend Denial of this Proposal. City Of 1~Teridian City Cierk Office ^ 3. Specific knowledge as to the exact type of use must be provided before we can comment on this Proposal. ^ 4. We will require more data concerning sail conditions on this Proposal before we can comment. ^ 5. Before we can comment concerning individual sewage disposal, we will require more data concerning the depth of: ^ high seasonal ground water ^ waste flow characteristics ^ or bedrock from original grade ^ other ^ 6. This office will require a study to assess the impact of nutrients and pathogens to receiving ground waters and/or surface waters. ^ 7. This project shall be reviewed by the Idaho Department of Water Resources concerning well construction and water availability. ^ 8. After written approval from appropriate entities are submitted, we can approve this proposal for: ^ central sewage ^ community sewage system ^ community water well ^ interim sewage ^ central water ^ individual sewage ^ individual water ^ 9. The following plan(s) must be submitted to and approved by the Idaho Department of Health & Welfare, Division of Environmental Quality: ^ central sewage ^ community sewage system ^ community water ^ sewage dry lines ^ central water ^ 10. Runoff is not to create a mosquito breeding problem. ^ 11. This Department would recommend deferral until high seasonal ground water can be determined if other considerations indicate approval. ^ 12. If restroom facilities are to be installed, then a sewage system MUST be installed to meet Idaho State Sewage Regulations. ^ 13. We will require plans be submitted for a plan review for any: ^ food establishment ^ swimming pools or spas ^ child care center ^ beverage establishment ^ grocery store 14. Please see attached stormwater management recommendatations ^ 15. Date: ~ /~/ ~ Reviewed By: ~' ~oHO~o,k~ Review Sheet CENTRAL • • DISTRICT pi'1'HEALTH DEPARTMENT MAIN OFFICE • 707 N.ARMSfRONG'PL • BOISE, ID83704-0825 • (208) 375-5211 • FAX 327-8500 To prevent and treat disease and disability; to promme healthy lifestyles; and to protect and promote the health and quality of our environment. STORM WATER MANAGEMENT RECOMMENDATIONS State of Idaho Catalog of Stormwater Best Management Practices For Idaho Cities and Counties. Prepared by the Idaho Department of Environmental Quality, July 1997. Stormwater Best Management Practices Guidebook. Prepared by City of Boise Public Works Department, May 2000. v~a.iz.r o~w Sendng b'a7fe}~. Elmore, Boise, mtd Ada Countiesv_ __ It is recommended that storm water bepre-treated prior to discharge to the subsurface to prevent impact to ground water and surface water quality.- The engineers and architects involved with the design of this project should obtain current best management practices for storm water disposal and design a stone water management system that is preventing groundwater and surface water degradation. Manuals that could be used for guidance are: Ada /Boise County ONice Elmore Coee;y Uftice -~r21ieY :.ouniy Uiia 707 N. lvmstrona PI. 52U E. 8th St. Nor`,h 7G3 N. 1st St. ID 83704 Boise Mountain home, ID 83647 P.0. Box 144£ , EnNro. Health: 327-7459 Enviro. Nealth: 587.5225 Mdal!, ID 53636 Family Planning: 327-7400 Family Nealth: 587.4807 Ph. 634-i 154 Immunuations: 327-7450 WIC: 587-44G5 FA%: 634-2174 Senior Nutrition: 327-7460 FAX: 567-352' WIC 327-7488 :~ ~~ „,,ma's ~~ ~. Ada County Highway District President `' ""y""""~ "` ""'° ~1C"1tl1` Garden City ID 83714-6499 Susan S. Eastlake, 2nd Vice President Phone (208) 387-6100 Sherry R. Huber, Commissioner FAX (208) 387-6391 Dave Bivens, Commissioner E-mail: tellusQACHD.ada.id.us January 21, 2004 TO: Thomas R. Williams 2127 Overland Road ~rj l'I~;t~Y ~,T~ Boise, Idaho 83705 1 •! 1. d' ~/ ~q' JAFJ u' " G~U4 SUBJECT: MCUP03-068 City Of~eridian Professional Office & Retail Use City Clerk Office S. of N. Hickory & N. of E. Fairview Ave. On November 29, 2000, the Ada County Highway District Commissioners acted on Mallane Commerci~ Complex (MPP00-021/MRZ00-007). The conditions and requirements also apply to MCUP03-068. If you have any questions or concerns please feel free to contact this office at (208) 387-6170. Sincerely, '~~~ Lori Den Hartog Senior Development Analyst Right-of-Way & Development Services CC: Project File Drainage/UtilitieslConstruction Services Lead Agency: City of Meridian Ron Trompke 1291 W. Newfield Drive Eagle, Idaho 83616 R ADA COUNTY HIGHWAY DISTRICT Planning and Development Division Development Application Report Preliminary Plat - Mallane Commercial Complex n/w/c Fairview Avenue/Hickory Way 5-lots MPP00-0211MRZ00-007 This application has been referred to ACHD by the City of Meridian for review and comment. Mallane is a 5-lot commercial subdivision on 6.95-acres. The applicant is also requesting a rezone from L-O to C-G. The site is located at the northwest corner of Fairview Avenue and Hickory Way. This development could generate up to 2,000 additional vehicle trips per day based on the Institute of Transportation Engineers Trip Generation manual, depending on the specific uses. This application is before the Commission as a request of the applicant regazding a site specific requirement to construct a sidewalk on Hickory Way. Roads impacted by this development: Fairview Avenue Hickory Way Eagle Road ACHD Commission Date -November 29, 2000 - 7:00 p.m. REGULAR AGENDA ITEM Mallane.cmm Page 1 Facts and Findings: A. General Information Owner - M&L Limited Partnership Applicant -The Land Group L-O -Existing zoning C-G -Requested zoning 6.95 -Acres 5 -Proposed building lots 2,000 -New trips generated 0 -Total lineal feet of proposed public streets 265 -Traffic Analysis Zone (TAZ) West Ada -Impact Fee Service Area Meridian -Impact Fee Assessment District Fairview Avenue Principal arterial Traffic count of 30,081 on 5-9-00 C-Existing Level of Service D-Existing plus project build-out Level of Service Mallane.cmm Page 2 660-feet of frontage 98-feet existing right-of--way (50-feet north from centerline) 120-feet required right-of--way (60-feet from centerline) Fairview Avenue is improved with four thru-lanes and a center tum lane with no curb, gutter or sidewalk abutting the site. Hickorv Wav Collector with bike lane designation Traffic count of on 740.feet of frontage 60-feet existing right-of--way (30-feet from centerline) No additional right-of--way required Hickory Way is improved with a 36-foot street section with curb, gutter and no sidewalk. Eagle Road Principal arterial Traffic count of 35,041 on 5-9-00 E-Existing Level of Service E-Existing plus project build-out Level of Service 0-feet of frontage Eagle Road is improved with four thru-lanes and a center tum lane. B. In 1996 the Comnassion reviewed and approved Angel Park Subdivision. This applicafion is for a re-subdivision of Lot 1, Block 1, of the Angel Park Subdivision. C. On August 5, 1996, ACRD staff reviewed MCU-21-96, a conditional use permit for two restaurants on this site. The applicant is the same as the current applicant for this subdivision. The applicant was required to: • Comply with the requirements of Angel Park Subdivision. (site specific #1) • Provide a $3,200 deposit to the Public Rights-of--Way Trust Fund for this development's share of the cost of a traffic signal at the intersection of Fairview Avenue and Hickory Way, prior to issuance of any required permits or District approval of a final plat. (site specific #5) The road trust was not provided to ACHD at that time. There is currently one restaurant under construction on this site today. With this application the applicant should be required to provide a $3,200 deposit to the Public Rights-of--Way Trust Fund for a share of the signal, prior to the issuance of any building permits on this site. D. Utility street cuts in pavement less than five years old are not allowed unless approved in writing by the District. Contact Construction Services at 387-6280 (with file numbers)-for details. Mallane.cmm Page 3 E. With the original approval of Angel Park Subdivision, one driveway was permitted on Fairview Avenue, located approximately 500-feet west of Hickory Way. That driveway has been constructed, and should be approved with this application. F. Driveways on Hickory Way should align or offset a minimum of 125-feet from any existing or proposed driveways on either the east or west side of Hickory Way. The applicant is proposing to construct two driveways, and both align with driveways on the east side of Hickory Way that serve a church. G. Graveled driveways abutting public streets create maintenance problems due to gravel being tracked onto the roadway. In accordance with past action by the District the applicant should be required to pave the driveways their full width and at least 30-feet into the site beyond the edge ofpavement of Hickory Way with 15-foot curb radii. H. District policy states that direct access to arferials and collectors is normally restricted and that the developer shall try to use combined access points. In accordance with District policy the applicant should be required to provide a recorded cross access easement for all of the lots within the subdivision, and to the outparcel to the east to use this parcel for access to the public streets prior to issuance of a building permit (or other required permits). This access agreement was recorded on the plat for Angel Park Subdivision, and should also be noted on the current plat. I. As a requirement of the Angel Park Subdivision, the applicant was required to construct a 5-foot wide concrete sidewalk abutting the entire frontage of Hickory Way. The developer of the Angel Park Subdivision did not construct the sidewalk and instead posted a letter of credit. That developer let the Letter of Credit expire, and the sidewalk was never constructed. When purchasing this property the current applicant had been told that if the Letter of Credit expired, ACHD would construct the sidewalk. When the Letter of Credit expired, the money was retained by ACHD. ACHD has not constructed the sidewalk, and typically when a letter of credit expires, ACHD does not construct the improvements unless the site is located within a project in the Five Year Work Program. With this application, the applicant should be required to construct a 5-foot wide concrete sidewallc on Hickory Way abutting the site. After the sidewallc has been constructed, the applicant may request reimbursement from the District, for an amount not to exceed the original Letter of Credit. There have been similar circumstances with other subdivisions and projects when a Letter of Credit had expired. In those instances the applicant was required to construct the improvements, and was reimbursed the amount of the Letter of Credit, but an amount not exceeding the cost of the improvements. The applicant appealed this item to the Commissioners at the meeting on November 29, 2000. The Commissioners upheld staff's recommendation to require the construction of sidewalk, but Mallane.c~n Page 4 gave the applicant two weeks to request reconsideration of this item if the bid for sidewalk comes in at a much higher price than the letter of credit (approximately $12,500). The applicant should be required to constrnct a 5-foot wide concrete sidewalk on Fairview Avenue abutting the entire site. The sidewalk should be located 2-feet within the right-of--way. Coordinate the location and elevation of the sidewalk with District staff. K. Any proposed landscape islands/medians within the public right-of--way dedicated by this plat should be owned and maintained by a homeowners association. Notes of this should be required on the final plat. L. In order to reduce trips to and from this development it is recommended that Tenants occupying the proposed building be required to provide an Alternative Transportation Program for employees and provide an annual report to ACRD on employee participation. Commuteride staff will coordinate the Alternative Transportation Program with the applicant. For more information contact Pat Nelson at 387-6160. M. In order to reduce trips to and from this development, it is recommended that the tenants occupying the proposed building(s) be required to participate in any Transportation Management Association (TMA) or Transportation Management Organization (TMO) that is formed with a boundary that includes this site or is adjacent to this development. A Transportation Management Association (TMA) or Transportation Management Organization (TMO) is formed with a coordinator that works as a liaison between businesses and private and public transportation providers to increase the use of altemative transportation and other trip reduction measures (shuttle buses, bus pass programs, vanpools, carpools, bicycle and walking enhancements). An annual survey will be required of the TMA/TMO to monitor participation in alternative transportation programs and forwarded to the ACFID Commuteride Office. N. Based on development patterns in this area and the resulting traffic generation, staff anticipates that the transportation system will be adequate to accommodate additional traffic generated by this proposed development with the requirements outlined within this report. Special Recommendation to the City of Meridian and the Applicant: In order to reduce trips to and from this development it is recommended that tenants occupying the proposed building be required to provide an Altemative Transportation Program for employees and provide an annual report to ACRD on employee participation. Commuteride staff will coordinate the Alternative Transportation Program with the applicant. For more information contact Ms. Pat Nelson at 387-6160. 2. In order to reduce trips to and from this development, the tenants occupying the proposed building(s) should be required to participate in any Transportation Management Association (TMA) or Transportation Management Organization (TMO) that is formed with a boundary that includes this site or is adjacent to this development. Mallane.cmm Page 5 The following Site Specific Requirements and Standard Requirements must be met or provided for prior to ACRD approval of the final plat: Site Specific Requirements: 1. Dedicate 60-feet ofright-of--way from the centerline of Fairview Avenue abutting the parcel by means of recordation of a final subdivision plat or execution of a warranty deed prior to issuance of a building permit (or other required permits), whichever occurs first. Allow up to 30 business days to process the right-of--way dedication after receipt of all requested material. The owner will be compensated for all right-of--way dedicated as an addition to existing right- of-way from available impact fee revenues in this benefit zone, if the owner submits a letter of application to the impact fee administrator prior to breaking ground, in accordance with Section 15 of ACHD Ordinance #193. 2. Utility street cuts in pavement less than five yeazs old are not allowed unless approved in writing by the District. Contact Construction Services at 387-6280 (with file numbers) for details. 3. The existing driveway on Fairview Avenue, located approximately 500-feet west of Hickory Way is approved with this application. 4. Construct driveways on Hickory Way to align with existing driveways on the east side of Hickory Way. Pave the driveways their full width of 24 to 30-feet and at least 30-feet into the site beyond the edge of pavement of Hickory Way with 15-foot curb radii. 5. Provide a $3,200 deposit to the Public Rights-of--Way Trust Fund for a shaze of the signal at Hickory Way and Fairview Avenue, prior to the issuance of any building permits on this site. 6. Provide a recorded cross access easement for all of the lots within the subdivision, and to the outpazcel to the east to use this parcel for access to the public streets prior to issuance of a building permit (or other required permits). This access agreement was recorded on the plat for Angel Park Subdivision, and should also be noted on the current plat. 7. Construct a 5-foot wide concrete sidewalk on Hickory Way abutting the entire site. Coordinate the location and elevation of the sidewalk with District staff. After the sidewalk has been constructed, the applicant may request reimbursement from the District, for an amount not to exceed the original Letter of Credit. The applicant has two weeks from the date of Commission action (November 29, 2000) to request reconsideration of this requirement. 8. Construct a 5-foot wide concrete sidewalk on Fairview Avenue abutting the entire site. Locate the sidewalk 2-feet within the right-of--way. Coordinate the location and elevation of the sidewalk with District staff. 9. Other than the access point specifically approved with this application, direct lot or parcel access to Fairview Avenue is prohibited. Lot access restrictions, as required with this application, shall be stated on the final plat. Mallane.cmm Page 6 10. Other than the access points specifically approved with this application, direct lot or parcel access to Hickory Way is prohibited. Lot access restrictions, as required with this application, shall be stated on the final plat. Standard Requirements: 1. A request for modification, variance or waiver of any requirement or policy outlined herein shall be made in writing to the ACHD Planning and Development Supervisor. The request shall snecifically identify each requirement to be reconsidered and include a written exolanation of why such a requirement would result in a substantial hardship or inequity The written request shall be submitted to the District no later than 9.00 a m on the day scheduled for ACHD Commission action. Those items shall be rescheduled for discussion with the Commission on the next available meeting agenda. Requests submitted to the District after 9:00 a.m. on the day scheduled for Commission action do not provide sufficient time for District staff to remove the item from the consent agenda and report to the Commission regarding the requested modification, variance or waiver. Those items will be acted on by the Commission unless removed from the agenda by the Commission. 2. After ACRD Commission action, any request for reconsideration of the Commission's action shall be made in writing to the Planning and Development Supervisor within six days of the action and shall include a minimum fee of $110.00. The request for reconsideration shall specifically identify each requirement to be reconsidered and include written documentation of data that was not available to the Commission at the time of its on 'nal decision The request for reconsideration will be heard by the District Commission at the next regular meeting of the Commission. If the Commission agrees to reconsider the action, the applicant will be notified of the date and time of the Commission meeting at which the reconsideration will be heazd. 3. Payment of applicable road impact fees aze required prior to building construction in accordance with Ordinance #193, also known as Ada County HighwayDistrict Road Impact Fee Ordinance. 4. 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 specifically waived herein. An engineer registered in the State of Idaho shall prepare and certify all improvement plans. 5. 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. 6. 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. 7. It is the responsibility of the applicant to verify all existing utilities within the right-of--way. Existing utilities damaged by the applicant shall be repaired by the applicant at no cost to Mallane.cmm Page 7 ACHD. 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. 8. No change in the terms and conditions of this approval shall be valid unless they aze 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. 9. 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. Conclusion of Law: 1. ACHD requirements are intended to assure that the proposed use/development will not place an undue burden on the existing vehiculaz and pedestrian transportation system within the vicinity impacted by the proposed development. Should you have any questions or comments, please contact the Planning and Development Division at 387-6170. Submitted bv: Commission Action: Plannine and Development Staff November 29.2000 Mallane.cmm Page 8 0 0 w 0 0 0 0 rt N z D m m ~_C - n Z ,~ ,~ ,~ a -o ~~ W 0 MAYOR Robert D. Conde CITY COUNCIL MEMBERS Tammy de Weerd William L. M. Nary Cherie McCandless cirv of ~'I'~'~t ~~ ° .__ ~t\ eY1G~l~YI E° ~~ G (~ IDAHO I; LEGAL DEPARTMENT (208) 466-9272 • FAX 466-4405 PARKS & RECREATION (208) 888-3579 • Fax 898-SSOI PUBLIC WORKS (208) 898-5500 • Fax 887-1297 BUILDING DEPARTMENT (208) 887-22] 1 • Pax 887-1297 Keith Bil'd rt°'b`TRt ues V'~~ sixce PLANNING &ZONING : 19oa (208) 884-5533 • Fax 888-6854 TRANSMITTALS TO AGENCIES FOR COMMENTS ON DEVELOPMENT PROJECTS WITH THE CITY OF MERIDIAN To insure that your comments and recommendations will be considered by the Meridian Planning and Zoning Commission, please submit your comments and recommendations to Meridian City Clerk's Office Attn: Will Berg, City Clerk, by: January Transmittal Date: January 6, 2004 File No.: CUP 03-068 Request: Conditional Use Permit for p 2004 Hearing Date: February 5, 2004 and retail use in a C-G zone as required by Final Plat for Mallane Professional Offices By: Thomas R. Williams Location of Property or Project: south of North Hickory Way and north of East Fairview Avenue David Zaremba, P/Z (No VAR, VAC, FPJ Vacant, P/Z (NO VAR, VAC, FP) Leslie Mathes, P/Z (No VAR, VAC, FPJ Michael Rohm, P1Z (No vaR, VAC, FP) Keith Borup, P2 (No vAR, VAC, FP) Robert Corrie, Mayor Bill Nary, C/C Tammy deWeerd, C/C Keith Bird, C/C Cherie McCandless, C/C Water Department Sewer Department Sanitary Service (No VAR, VAC, FPJ Building Department Fire Department Police Department City Attorney City Engineer Ity Planner Parks Department Meridian School District (No FP) Meridian Post Office (FP/PP ~~ty) Ada County Highway District Ada County Development Services Central District Health Nampa Meridian Irrig. District Settlers Irrigation District IdahoPOwerCo. (FP/PPonty) U.S. West (FPiPP ~~ty) Intermountain Gas (FP/PP Only) Bureau of Reclamation (FP/PP only) Idaho Transportation Department (No FPJ Ada COUnty (Annexation Doty) Ada County Land Records (FP/PP Onty) Meridian Development Corporation RECEIVED .~~~~ ~ 0 2114 City of Meridian 33 EAST IDAHO AVENUE • MERIDIAN, IDAHO 83642 • (208) 888-443~ityClerk Office City Clerk Office Fax (208) 888-4218 Human Resources Fax (208) 884-8723 Finance & Utility Billing Fax (208) 887-4813 Historical Preservation Commission CITY 4F MERIDIAN FEB - 5 2004 PUBLIC HEARING CITY OF !VIE~i;~i.::°~~ SIGN-UP SHEET DATE February 5, 2004 ITEM # 14 PROJECT NUMBER CUP 03-068 PROJECT NAME Mailane Professional NAME PLEASE PRINT) FOR AGAINST NEUTRAL 1/~ ~ ~~ MAYOR Tammy de Weerd CITY COUNCIL MEMBERS Shaun Wazdle William L. M. Nary Charles M. Rountree Keith Bird lq F ky;_~"~ - ~~,,~~ ,,//'' CITV OF ~~.~"' ~.~Yl eY1G~1GYl ~ -`` Il IDAHO LEGAL DEPARTMENT (206) 466-9272 • FAX 466-4405 PARKS & RECREATION (208) 888-3579 • Fax 898-SSOI PUBLIC WORKS (208) 898-5500 • Fax 887-1297 BUILDING DEPARTMENT (208) 887-2211 • Fax 887-1297 PLANNING & ZONING (208) 884-5533 • Faz 888-6854 TRANSMITTALS TO AGENCIES FOR COMMENTS ON DEVELOPMENT PROJECTS WITH THE CITY OF MERIDIAN To insure that your comments and recommendations will be considered by the Meridian Planning and Zoning Commission, please submit your comments and recommendations to Meridian City Clerk's Office Attn: Will Berg, City Clerk, by: January 29, 2004 Transmittal Date: February 4, 2004 Hearing Date: February 5, 2004 File No.: Request: CUP 03-068 Revised Plats -- Mallane Professional Offices By: Thomas R. Williams Location of Property or Project: south of David Zaremba, P/Z (No VAR, VAC, FP) Vacant, P!Z (No vaR, vac, FP) Leslie Mathes, P/Z (No vaR, vAC, FP) Michael Rohm, P2 (No vAR, vac, FP) Keith Borup, P1Z fNo vAR, vac, FP) Robert Corrie, Mayor Bill Nary, C/C Tammy deWeerd, C/C KeRh Bird, C/C Cherie McCandless, C/C Water Department Sewer Department Sanitary SBrvICe (No VAR, VAC, FP) Building Department N ent Meridian School District (No FP) Meridian Post Office (FP/PP oMy) Ada County Highway District Ada County Development Services Central District Health Nampa Meridian brig. District Settlers Irrigation District Idaho Power Co. 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