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04.02.981 V CiCites anford of S l'Yar�� and qnmg Commission "ft Reggarty Scficdulca fsdeetmg 7:04 P.M. Thurs day, Aprff 2, 198 City Commission Chambers, City Ha% Sanford, Florida AGENDA 1. Hold a Public Hearing to consider a request to Rezone property located at 3551 W. 1 d Street from Seminole County's C-1 to that of MR -2, Multiple Family Dwelling Residential. Tax Parcel No: 26-19- 3G-5AE -01 Owner: David P. Lanier, Jr., Trustee Representative: Roger W. Sodemtrom- Stirling International Realty 2. Hold a Public Hearing to consider a request to Rezone property located as South of Rinehart Road, Forth of Paola Road, between TvWn Lakes, from AG, Agricultural, to that of PD, Planned Development. Tax Parcel No. 32-19-30-300-0110-0000 Owner: Ira W. Southward, Trustee Representative: Bill Burkett - Burkett Engine 3. Hold a Public Hearing to Wider a request for a CondifiorgW Use for property located at 1115 W. 1 o h Street in a MR -2, Multiple Family Residential Zoning District for the expansion of a non - conforming property associated with a Dimensional Variance of 1.43' for rear yard setback requirements. Tax Parcel Ida: 25- 19- 30-5AH 3C Owner: Dally Wynn Cash Representative: Charlie Jones 4. Hold a Public Hearing to consider a request for a Conditional Use for property located at 1300 W. 7' Street in a MR -2, Multiple Family Dwelling Residential Zoning District for a cosmetology boning center. Tax Parcel No: 25-19-30-5A]-0816-01 10 Owner. Sanford Housing Authority Representative Timothy Hudson 5. Hold a Public Hearing to consider a request for a Conditional Use for property located at 1502 W r Street in a MR -2, Multiple Family Residential Zoning District for the restoration of a non-conforrring property. Tax Parcel No: 25- 19- 30-5A1 -0818 -0090 Owers/representatives: Maurice & Cynthia Bennett 8. Hold a Public Hearing to Wider a request for a Dimensional Variance for property located at 1 115 Celery Avenue in an RC-1, Restricted Commercial Zoning District, for a reduction in all service islands and related appurtenances and structures aboveground. Tax Parcel No: 30- 19-31 -521-0300-0140 Owner: Neil Kapadia Represei i ve: The Land Pl Group 7. Any other business from floor or Commission Members. 8. Reports from Staff. 9. Minutes. ADVICE TO THE PUBLIC. If a person decides to appeal a decision nude with respect to any nuMw considered at the above meeting or hearing, he may need a verbatim record of the proceedings Including the testimony and evidence, which record Is not provided by the City of Sanford (FS 286.0105) Persons with disabilities needing assistance to pardelpate In any of these Inge should contact the personnel office ADA Coordinator at 330 -5626 48 hrs In advance of the meeting. [r' MINUTES PLANNING AND ZONING COMMISSION MEETING OF APRIL 2, 1998 7 :00 P.M. CITY COMMISSION CHAMBERS CITY HALL, SANFORD, FLORIDA MEMBERS PRESENT: Helen Stairs James Valerino Ross Robert Lynn Stogner Otto Garrett Mike Skat Ben Dyal Jim Hattaway Mac McClanahan OTHERS P RESENT: Russ Gibson, Land Development Coordinator Mrs. Stairs called the meeting to order at 7:00 P.M. The first item on the Agenda was to hold a Public Hearing to consider a request to Rezone property located at 3651 W. 1" Street from Seminole County's C -1., and MR -2, Multiple Family Dwelling Residential to PD, Planned Development. Tax Parcel No: 26- 19- 30 -5AE- 0100 -0000. Owner: David P. Lanier, Jr., Trustee; representative: Roger W. Soderstrom- Stirling International Realty. Roger Soderstrom, Stirling International Realty, 115 International Parkway, Heathrow, was present for representation. He stated that there is not an actual development planned for this property at this point. The proposed developer of this site is talking to several possible users and is in a very preliminary stage of development pending zoning approval. Mr. Soderstrom stated that the project will be of very high quality and a well planned project for this area. There being no one else to speak in favor of or against the request, Mr. Skat moved for approval based on Staff s recommendations. Seconded by Mr. Garrett. All in favor. Motion carried. Next on the Agenda was to hold a Public Hearing to consider a request to Rezone property located as south of Rinehart Road, North of Paola Road, between Twin Lakes, from AG, Agricultural, to that of PD, Planned Development. Tax Parcel No: 32- 19 -30- 300 -0110 -0000. Owner: Ira W. Southward, Trustee; representative: Bill Burkett - Burkett Engineering. Mr. Hattaway explained that his law firm represents the developer on this project, noted that he had filed a Conflict of Interest form, and excused himself. Bill Burkett, Burkett Engineering, 250 N. Orange Avenue, Orlando, was present representing this request. He stated that they have worked with Sanford's, Lake Mary's and Seminole County's staff to work out the land use plan. The property closest to Paola Road will be aesthetically similar to what is along the road now. The first row of buildings, closest to Paola Road, will be limited to two stories in height. Mr. Burkett stated that the development will have 574 units and will be developed in two phases. Erec Kenney with Property Development stated that on the north side of the property there will be a mix of two and three story buildings. There will be some buildings with three stories in the center and two story on the ends. A number of apartments will feature private access garages. A typical building will have 20 apartment residences and of the 20 apartment building, twelve will have direct access garages. Out of this twelve, six will feature private entries. The first phase will contain 362 apartment residences and out of the 362 units, 1.48 will feature direct access garages. MINUTES PLANNING AND ZONING COMMISSION MEETING OF APRIL 2, 1995 PA CYF 7 Mr. Kenney stated that the average square footage of a unit would be 1,146. The largest apartments will contain 1,440 square feet. The smallest will contain 825 square feet. The rental fee range will be from $750 to $1350. Harry Stewart, Akerman and Senterfitt Attorneys, Orlando, stated that he is the personal representative of the estate of Viola Kastner, and that he represents the ultimate beneficial owner of Kastner Farms, adjacent to this property to the west. He stated that they are opposed to the rezoning. There is about 3 acres of uplands that will be left after the County takes the roadway frontage and puts in a 1 Yz acre pond on his property. Mr. Stewart stated that what this applicant is asking for is to put 574 apartments between Kaywood, a single family residential area, and the Kastner property, which is 3 acres with one house. He stated that they believe it is inappropriate to take this type of density particularly on Rinehart, at 15 units to the acre and put it up against Kaywood and up against their property. Mr. Stewart asked that if this Commission is bound and determined to approve this project, the following concessions be made a part of the planned development conditions and be placed in the zoning ordinance, itself as a conditional approval of the planned development: Height restrictions -a height limitation on the west side similar to that of the south, a two story maximum height. Mr. Stewart would like to have, adjacent to the Kastner property, not more than two stories in height. Setbacks -on the west side, adjacent to the property line, a 50 -foot setback. There is a - 125 -foot setback on the south to protect the neighbors across the street. He stated that they would like the buildings on the west side not more than 2 stories high and setback 50 -feet. They would like a planted buffer of trees, that will grow to 16 to 20 feet, to soften the second story of the buildings. Mr. Stewart stated that they would like a wall on the western boundary similar to the wall being built on the south side of the project. With regards to Lake access, Mr. Stewart would like a condition put into the Planned Development Ordinance that would prohibit boating and rafting on this Lake. He would like a chain link fence from the wall to the Lake to discourage pedestrian traffic along the lakeshore. With regards to enforcement of what is being asked, particularly with regards to the Lake access, he would like to require the developer adopt rules, rules of conduct, for residents to enforce Lake access restrictions and require that the developer incorporate those rules of conduct into the rental agreements of these particular units. Dean Shoemaker, 128 Woodridge Trail, was present and in opposition. He stated that he is in total agreement with Mr. Stewart. His biggest problem is that the citizens of Sanford have not been approached with an agreement like the citizens of Lake Mary. His main reason for speaking out in opposition to the request is the changing of single family residential into high density residential. Mr. Shoemaker stated that protection of the lake is of critical importance. Marguerite Moore, 13 S Woodridge Trail, stated that the surrounding neighbors have never had to worry about the lake before. Having this many people so close to the lake is really weight on the line. She asked how would this project effect the serenity of the lake and the wildlife in the area. Erec Kenney explained that with regards to the adjacent property on the west on 46A, the property would much more likely be developed as multi family or possibly used as professional commercial. He stated that he has not had contact with the owner of the property but that they would be the most logical buyer for this property. Mr. Kenney stated that if this project moves forward, they would have to run a 6000 linear foot force main up Rinehart Road to the north and put in about a $75,000 pump station. One of the things that they will be asked to do is stub out a line to the property on the west. He stated that they have tried to recognize the adjoining land use and to provide more of a buffer than what the code requires which is 25 -feet, and that his plan shows 35 -feet. Mr. Kenney stated that the property on the south side, Phase II, will come a year to two years following the development of the first phase on the north side. There has been a tremendous amount of discussion regarding lake access. They have entered into an agreement precluding MINUTES PLANNING AND ZONING COMMISSION MEETING OF APRIL 2 1998 PA CTF I them from anything other than passive recreation. The mature trees along the band of wetlands which follows the shoreline will remain. Mr. McClanahan stated that in view of the fact that the City Commission has indicated its receptiveness to this project and the timeframe that is being talked about, and the fact that this hearing is for rezoning to PD, it has nothing to do with how tall the buildings are or anything else. If we forward this to the City Commission, keep it on the time line, and do it with Staffs recommendations, verbatim, then there is time to work on these things because the City Commission is the final word, period. This Commission would be wrong to hold it up with technicalities when this Commission doesn't have the final word to start with. We could do our business and move it to the City Commission and in that interim time, these people could meet and talk and things would still be moving. Mr. Gibson stated that he supports Staff's recommendations, however, if this particular property is rezoned, given its location and that under the auspices of the City's Comprehensive Plan, that it be rezoned to PD. Essentially, this PD and the Master Plan conforms to, and exceeds in some instances, the requirements that this property were rezoned to 2 multiple family residential zoning. Staff has reviewed the Master Plan and has found it not to deviate with the requirements that the MR -2 zoning would accord. The key to rezoning to PD is that it is required per the Comprehensive Plan and the Comprehensive Plan Amendment has been endorsed by the City Commission. Mr. Gibson also stated that some of the issues come down to policy issues as to how you wish to address and to further support the character of the immediate area. The City Commission has made its position based on its support of the Comp Plan Amendment. Nell Snow, 176 Woodridge Trail, noted that she is concerned about the wildlife in the area, specifically a deer family. Mr. McClanahan moved to approve based on Staff's recommendations and that the paragraph on Page 3 of Planning Recommendations which encompasses all of the different items that Staff cited be incorporated in the Minutes as part of the motion, verbatim. (Recommend approval of the PD, Planned Development and associated Master Plan entitled Twin .Lakes Garden Apartments, Inc. and the Altman Development Corporation based on all information contained on the Master Plan and submitted with the master plan plus consistency with the Comprehensive Plan and all related documentation thereof; consistency with adopted development agreements already applicable to the property and availability of services and facilities to support the proposed development. Also, the rezoning ordinance should stipulate that it shall become effective after the Department of Community Affairs issues an intent to find the associated comprehensive plan amendment to be in compliance with state law.) Seconded by Mr. Dyal. Mr. Valerino and Mr. Skat in opposition. Mr. Hattaway abstained. All others in favor. Motion carried. Next on the Agenda was to hold a Public Hearing to consider a request for a Conditional Use for property located at 1115 W. 10"' Street in a MR-2, Multiple Family Residential Zoning District for the expansion of a non - conforming property associated with a Dimensional Variance of 1.43' for rear yard setback requirements. Tax Parcel No: 25- 19- 30 -5AH- 0000 -023C. Owner /representative: Dolly Wynn Cash. Dolly Cash, 1115 W. 10 Street, was present to represent this request. She stated that the addition of a bedroom to her home is why she needs the variance. Mr. Gibson stated that the expansion of the structure, even if the setback was met, would require a conditional use given the fact that it is a lawfully existing non - conforming structure because of the front yard setback facing Avocado Avenue. With no one else present to speak in favor of or against the request, Mr. Stogner moved for MINUTES PLANNING AND ZONING COMMISSION MEETING OF APRIL 2, 1998 PAGE 4 approval based on Stalfs recommendations. Seconded by Mr. Hattaway. All in favor. Motion carried. The next item on the Agenda was to hold a Public Hearing to consider a request for a Conditional Use for property located at 1300 W. 7 h Street in a MR 2, Multiple Family Dwelling Residential Zoning District, for a cosmetology training center. Tax Parcel No: 25- 19- 30 -5AI- 0816 -0110. Owner: Sanford Housing Authority. Representative: Timothy Hudson. Timothy Hudson, 2809 Grove Drive, stated that the Housing Authority took possession of this property in November of 1997. The training center will allow the residents of the Housing Authority to acquire a skill. Mr. Hudson stated that this is an idea and if it is approved here then he would have to go back before the Housing Authority Board. He stated that they are proposing to have 7 to 10 stations. Hopefully, 50% will come out of the Housing Authority and the other 50% out of the community at large. Freddie Mungen, 1308 W. r Street, stated that he and his family are opposed to the request because they were with the understanding that this would be a daycare center. He is concerned with the parking and the amount of traffic that will come into the neighborhood. Johnell Jackson was present on behalf of his grandmother, Agnes Jackson at 1404 W 7' Street. He stated that they are in opposition because residents of the Housing Authority was expecting a daycare center. Other issues concerning this matter is more of a personal gain rather than a gain that would be beneficial to the residents of the Housing Authority. He asked if this would give other residents on the street the same privilege of having this type of business if they requested it. Mr. Dyal stated that in his opinion if some other person living in this area came forward and said that they had a piece of property similar to this and they wanted to do a project, a not for profit project, to help, improve and educate the people of the City of Sanford, the answer would probably be yes. Mr. Jackson stated that most residents of the Housing Authority is in favor of a daycare because the other daycare was taken away from them, and Mr. Hudson promised them that this would be the daycare. He stated that there would be other things coming out about this property because it is more of a personal contribution to Mr. Hudson than it is to the residents of the City of Sanford Housing Authority. Mr. Robert moved to approve per Staffs recommendations. Seconded by Mr. Dyal. All in favor. Motion carried. The next item on the Agenda was to hold a Public Hearing to consider a request for a Conditional Use for property located at 1502 W. r Street in a MR-2, Multiple Family Residential Zoning District, for the restoration of a non - conforming property. Tax Parcel No: 25-19-30-5AI-0818- 0090. Owner /representatives: Maurice and Cynthia Bennett. Rev. Maurice Bennett, 114 McKay Blvd., stated that they would like to bring the property up to code. It had been condemned. Mr. Dyal moved for approval per Staff's recommendations. Seconded by Mr. Hattaway. All in favor. Motion carried. Next on the Agenda was to hold a Public Hearing to consider a request for a Dimensional Variance for property located at 1116 Celery Avenue in an RC -1, Restricted Commercial Zoning district, for a reduction in all service islands and related appurtenances and structures aboveground. Tax Parcel No: 30 -19 -31 -521- 0300 -0140. Owner: Neil Kapadia; representative: The Land Planning Group. MINUTE S PLANNING AND ZONING COMMISSION MEETING OF APRIL 2, 1998 P A G1 5 Tim Green, The Land Planning Group, 2001 Old US Highway 441,.Mount Dora, stated that they are taking a non - conforming use and making it less non - conforming. Mr. Skat moved for approval based on StafFs recommendations. Seconded by Mr. Dyal. All in favor. Motion carved. Mr. Dyal noted that the grass at the BP Station on Celery Avenue needs to be mowed. Mr. Gibson to check. Mr. McClanahan moved for approval of the Minutes as circulated. Seconded by Mr. Dyal. All in favor. Motion carried. There being no further business, the meeting adjourned at 8:45 P.M. /0 Helen Stairs, Chairman Staff Recommendations to City of Sanford Planning and Zoning Commission for April 2, 1998 Meeting Compiled March 25, 1998 By City of Sanford Department of En eineering and Planning STIRLING INTERNATIONAL REALTY /STENSTROM - Request to rezone from G1, Commercial and MR -2, Multiple Family Residential (Seminole County Zoning Designations) to PD, Planned Development for property located at the southeast corner of the intersection of State Road 46 and White Cedar Road South. Site is Zoned C -1, Commercial and MR -2, Multiple Family Residential in Seminole County. The site's approximately 12.5 acres are vacant. 2. At the date of this writing the Property was undergoing annexation. Pursuant to the Seminole County - City of Sanford Joint Planning Agreement adopted in 1991, the City can rezone annexed lands to consistent with the Seminole County Comprehensive Plan in such manner as would be consistent with the Land Use Equivalency Table adopted as part of the aforementioned agreement. The site is designated High Intensity Planned Development (HIP) on the county's Future Land Use Plan Map. All development projects in the HIP areas must be rezoned to planned development. In general such uses may include commercial, industrial and multiple family residential uses. Uses adjacent to the property include various single family dwellings to the west, separated from the site by White Cedar Road, an unimproved right -of -way. A private school is located east of site. Vacant land is located south of site. An existing industrial type building is located in the northeasterly boundary of the site fronting State Road 46. Various single family dwellings and mobile homes are located in the general vicinity of the site. In addition, various industrial and commercial uses are located in the general vicinity of site including an industrial subdivision south of site and wholesale and manufacturing uses east of site adjacent to Aero Lane. 4. The Master Plan for the site is entitled State Road 46 Commercial Site. The Plan depicts two buildings of undetermined size, parking areas, drainage retention and two access points, one on State Road 46 and one on White Cedar Road. The access point on State Road 46 appears to be a right -in -right- out -only type of access. The Future Land Use Plan Element of the Comprehensive Plan provides for a maximum floor area ratio of .50 for industrial use and .35 for commercial use. Therefore, the maximum building square footage would be 272,250 square feet for industrial use. 5. In general, facilities and services are available to serve the site. A major potable water line is located on State Road 46. Sanitary sewer lines are located either from Aero Lane east of the site or south of the site from Jewett Lane /Coastline Road. State Road 46 is operating at a level of service "A" with a capacity of 36,700 average daily trips and an actual volume of 27,911 trips per day. Drainage will need to be provided per City and St. Johns River Water Management District standards and criteria. It is further noted Planning Recommendations, Page 1 that the unpaved portion of White Cedar Road will need to be paved and otherwise improved to City standards in order to provide access to the site. 6. Recommend approval of the request to rezone to PD, Planned Development based on consistency with Joint Planning Agreement, compatibility with commercial and industrial uses development in the general vicinity of the site and availability of facilities acrd services to serve the proposed development. Also recommend that, pursuant to Land Use Compatibility Requirements contained in the City's Land Development Regulations, that all required landscape buffers, adequate screening and separations be provided along portions of the property that abut existing single family dwellings, especially those dwellings located on the west side of White Cedar Road. TWIN LAKES APARTMENTSBURKETT ENGINEERING - Request to rezone from AG, Agriculture to PD, Planned Development for property located south of Rinehart Road, north of Paola Road, between the Twin Lakes. 1. The site is Zoned AG, Agriculture, includes approximately 50.5 acres and is vacant at the present time. 2. Pursuant to action by the Sanford City Commission on March 23, 1998 and subject to the Department of Community Affairs providing a notice of compliance with FS 163, the site has been designated Medium Density Residential 15 and Resource Protection on the Future Land Use Plan Map of the Future Land Use Element of the Comprehensive Plan. A copy of the report transmitted to the Florida Department of Community Affairs is attached. Said report includes a facility analysis and compatibility considerations as well as development agreements and considerations that place certain conditions and stipulations upon development of the site. The report is hereby incorporated into and made a part of this staff recommendation. 3. The Master Plan for Twin Lakes Apartments for Twin Lakes Garden Apartments, Inc. and the Altman Development Corporation is consistent with the City's Comprehensive Plan as well as all aforementioned restrictions, stipulations and conditions incorporated into this recommendations including but not limited to the following: A. A limit to 574 dwelling units on the property with the southernmost twenty acres being further limited to 225 dwelling units resulting in a maximum gross density of 11.25 dwelling units per acre within that 20 -acre southerly portion of the property. B. Dedication to the City of riparian rights to boating access to the lakes bounded in part by the property. A gazebo structure may be constructed at the edge of the shorelines. C. No dwelling units shall be built within the southernmost 100 feet of the property after widening of CR 46A. D. The first row of buildings north of CR 46A will be no greater than two stories in height. 4. The City protects its wellfields through Schedule M, Environmentally Sensitive Lands contained in the Land Development Regulations. The applicant has provided a letter dated March 23, 1998 (attached) that makes findings regarding the relationship of the Planning Recommendations, Page 2 site to the City's wellfields. This information constitutes competent evidence supporting the conclusion that, barring substantial changes to the Master Plan, issues related to the City's wellfields have been considered and resolved. 5. Recommend approval of the PD, Planned Development and associated Master Plan entitled Twin Lakes Garden Apartments, Inc. and the Altman Development Corporation based on all information contained on the Master Plan and submitted with the master plan plus consistency with the Comprehensive Plan and all related documentation thereof, consistency with adopted development agreements already applicable to the property and availability of services and facilities to support the proposed development. Also, the rezoning ordinance should stipulate that it shall become effective after the Department of Community Affairs issues an intent to find the associated comprehensive plan amendment to be in compliance with state law. CASH - Request conditional use permit to expand a nonconforming structure located in an MR -2, Multiple Family Residential Zone at 115 West l0` Street. 1. Site is Zoned MR -2, Multiple Family Residential and includes a single family residence on an approximately 6,000 square foot corner lot. 2. Various single family dwellings are located in the immediate area of the site including various two -story dwellings. 3. The applicant desires to construct a second story upon the existing structure. The non- conforming features include an 11.83 foot front yard along Avocado Avenue (requires 25 feet) and an 18.57 foot rear yard (requires 20 feet). 4. Recommend approval of the request to expand the existing nonconforming structure /residence in order to add a second story based on similar structures already established in the immediate area. SANFORD HOUSING AUTHORIDMDSON - Request conditional use permit to establish a cosmetology training center located in a MR -2, Multiple Family Residential Zone at 1300 West 7" Street. Site is Zoned MR -2, Multiple Family Residential and includes a two -story building that was /is utilized as a day care facility. 2. Various single family dwellings are located in the area of site. The site is adjacent to railroad tracks to the north. 3. The Sanford Housing Authority requested and received nonconforming use status for the site from the City Commission on February 9, 1998 (see attached letter dated February 26, 1998), specifically in order to apply to the Planning and Zoning Commission to establish a cosmetology training center. Question is one of policy regarding nonresidential uses in the immediate area. 4. The site was utilized as a day care facility several years ago but appears to be vacant at the present time. Planning recommendations, Page 3 5. The Sanford Housing Authority's Castle Brewer Court housing complex is located one block south of the site. 6. Recommend approval of the request to establish a costmetology training center based on existing characteristics of the surrounding area at the present time and proximity of Sanford Housing Authority facilities from the site. BENNETT - Request conditional use permit to modify (restore) a nonconforming structure located in an MR -2, Multiple Family Residential Zone at 1502 West 7' Street. Site includes a lot of approximately 6,171 square feet with an existing structure that appears to be a dwelling. The structure appears to be hodgepodge of materials and construction techniques. Seventh Street is paved. 2. The site is adjacent to various deteriorated and dilapidated dwellings and railroad tracks to the north which include a train washing facility. 3. Recommend approval of the conditional use permit in order to allow the property to be renovated into a sound dwelling unit based on the existing character of the area at the present time and the need for sound housing in that neighborhood. LAND PLANNING GROUP - Request a dimensional variance for property Zoned RC -1, Restricted Commercial located on the north side of Celery Avenue just west of Mellonville Avenue. 1. Site is Zoned RC -1, Restricted Commercial and includes a convenience store. Site includes approximately 21,000 square feet. A covered gas pump is located between Celery Avenue right -of -way and the building. 2. The existing gas pumps are located 19 feet, 6 inches from the road. The canopy is located 1 lfeet, 6 inches from the road. Schedule E of the Land Development Regulations requires gasoline service station islands to be located a minimum of 35 feet from all parcel lines` Schedule I of the Land Development Regulations requires all structures to be set back from the right -of -way a minimum distance of 25 feet. 3. Applicant requests to place a new canopy a distance of 17 feet and 6 inches from the road and a new gas pump island a distance of 28 feet and 6 inches from the road. Parking is proposed to be rearranged to east and west sides of site per plan submitted with application dated February 23, 1998. 4. Uses adjacent to site include automobile repair, a public school and a church. 5. Recommend approval of the conditional use request to develop a new gas pump island and canopy for a nonconforming structure pursuant to plans provided by the applicant based on the reduction in the non - conformity and the fact that the site is already developed. Attachment Planning Recommendations, Page 4