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HomeMy WebLinkAboutO-1362 - Rezone (Repealed by 1723)·...' ..- CIT Y 0 F MAR Y S V ILL E Marysville,Washington ORDINANCE NO.13" AN ORDINANCE OF THE CITY OF MARYSVILLE REZONING CERTAIN PROPERTY WITHIN THE CITY LIMITS AND M1ENDING THE OFFICIAL ZONING ~mp.PREVIOUSLY ADOPTED IN ORDINANCE NO.772 vffiEREAS,HILLIS HOMES,INC.is the owner of certain real property comprised of 88 ao r es .generally located north of 64th Street N.E.between 53rd Avenu~N.E.and 67th Avenue N.E.,being legally described in Exhibit A attached hereto;and WHEREAS,said owner filed a petition with the City Clerk seeking a rezone of said property from the Single-Family,7200 Residential classification to the PRD 7200 classification;and WHEREAS,the City Planning Commission held public hearings on said rezone on March 6,1984,March 27,1984,and April 10,1984, and submitted formal Findings of Fact and a recommendation in favor of granting said rezone;and WHEREAS,the City Council held public hearings on said rezone application on May 14,1984,and ~1ay 29,1984,and based upon Findings of Fact entered at said hearings determined that the rezone was in the public interest;NOW,THEREFORE, THE CITY COUNCIL OF THE CITY OF MARYSVILLE,WASHINGTON, DO ORDAIN AS FOLLOWS: Section 1.The Findings of Fact with respect to the above- referenced rezone are hereby adopted,and said property is hereby rezoned from the Single-Family,7200 Residential classification to the PRD 7200 classification,subject to the following condition: This rezone shall not become effective until the owner executes and records a document entitled "Rezone Covenants and Agreements"which incorpor- ates all approved terms and conditions of the rezone and of the Concomitant Preliminary Plat of Parkview Estates. Section 2.The Official Zoning Map of the City of Marys- ville,Washington,as adopted in 1972,and Section 5.02 of Ordinance Ordinance - 1 .., .....1. ,,...,j No.772,are hereby amended to reflect the reclassification of the above-described property to the PRD 7200 classification. PASSED by the City Council and APPROVED by the Mayor this day of HAY ,1984. ( THE CITY OF }iARYSVILLE MAYOR ATTEST: APPROVED AS TO FORM: Ordinance - 2 ......r "•LEGAL PARKVIEW ESTATES A PLANNED RESIDENTIAL DEVELOPMENT N~~(if the sw3z of Sec 27 Twn 30 N,Range 5 E.W.t-1.Except E 114'of S 220'of w~,W~,NE~,SW~of said Sec 27,Except the following:Beg. at the N\~corner of said NW~of the SH}i TH S 00 45'08"E along \.J line of sa i d Subdivision for 272.08'TH N 7648'56"E for 202.95';TH N 30 40'57"E for 164.18';TH N 0 49'20"E for 80.47',more or less,to ;\line of said Subdivision for 286.13'to point o f Beginning,Except Gll roads. -. CITY OF MARYSVILLE FINDINGS OF FACT AND CONCLUSIONS ON PRELIMINARY PLAT/PLANNED RESIDENTIAL DEVELOPMENT OF PARKVIEW ESTATES The Planning Commission of the City of Marysville,having held duly-advertised public hearings on the plat/PRD of Parkview Estates on March 6,March 27,and April 10,1984,and the City Council having held duly-advertised public hearings on said plat/PRD on May 14 and May 29,1984,and having considered the exhibits,testimony and arguments presented at all of said meetings,the City Council hereby enters the following: FINDINGS OF FACT 1.A preliminary plat for the subject property was previously approved by the City for development of 262 single-family residences on an area of approximately'65 acres out of the total 88 acres of the property.This preliminary plat will expire in July,1984 because development of the same has not been pursued. 2.The subject property is now owned by Centex-Hillis Homes,Inc.,and the new proposal differs from the previous preliminary plat in the folliwing respects: It seeks a rezone under the City's new PRD code. It increases the number of dwelling units from 262 to 320. It adds a variety of housing types,including single-family homes,townhouses and apartment buildings. By clustering the dwelling units it increases the amount of open space in the development. Approximately 15 additional acres of environmentally sensitive area in the Allen Creek Corridor will be dedicated to the City for park purposes and deleted from the development proposal. The necessity for a sewer lift station will be eliminated. 3.The Marysville Comprehensive Plan classifies the subject property as single-family 4.5 to 6 dwelling units per 1 acre. 4.The property is zoned in the single-family 7200 sq.ft. classification. 5.The plat will be served by the Marysville water and sewer utility system.On-site storm drainage will be collected in an enclosed system and discharged into Allen Creek and the drainage ditch on the northern boundary,subject to approval by the City Engineer per the City's storm drainage ordinance. Detention facilities may be required by the City Engineer either on site or in the Allen Creek Park area. 6.All the electrical,telephone and cable television lines will be underground. 7.Access for all internal streets in the development is from 64th St.N.E.Each dwelling unit will generate from 7 to 10 vehicle trips per day.This will create a significant adverse impact upon 64th St.N.E.for the following reasons: A.The current status of said street is 40 feet of right-of-way,22 feet of improved roadway,no curbs, gutters or sidewalks,open drainage ditches on both sides,and poorly constructed vertical grades. B.The cumulative impact of developments using 64th St.N.E.as access includes the following: Parkview Estates (320 units),Woodgate (73 units), Suncrest Terrace (123 units),Glenwood Mobile Estates (260 units),and a commercial and multiple-family area in the southwest quadrant of the intersection of 64th St./67th Avenue (presently undeveloped). 8.Local Improvement District No.63 is presently being formed by all the property owners abutting 64th St.N.E.for the improvement of said street.Parkview Estates should be required to coordinate its development with said LID,and participate in the same,unless it is prepared to improve the abutting half of 64th St.at its own cost. 9.The north boundary of the plat abuts an existing development known as Parkside Manor.It would be possible to connect these two developments by opening 57th Dr.N.E.Both developments oppose opening this connection for public access because they wish to retain their separate neighborhood identities and because they wish to avoid the hazards and nuisance of through traffic.Such through traffic would also adversely impact 70th St.N.E.However,it would be in the interest of public health, 2 safety and welfare to provide for emergency vehicle access between the two developments at 57th Dr.N.E.This would reduce response time by four to five minutes,particularly in cases of mistaken addresses.A network of emergency vehicle accesses throughout the city is of overriding importance,but all such access points should not be open to travel by the general pUblic.At the present time it would be contrary to the pUblic interests to open 57th Dr.N.E.as a public street,and there is no need to have the same dedicated to pUblic ownership.If such a need hereafter arises,the City should be entitled to acquire the right-of-way at no cost.To preserve this option,Lot 29 of the Plat of Parkview Estates should be retained in ownership by the Homeowners' Association subject to an easement for emergency vehicle access. Covenants should be imposed on said lot preserving it for dedication to the public at such time as the opening of 57th Dr. N.E.is deemed to be in the public interest. 10.If this property were developed without a PRD it could have 316 dwelling units.The proposal of 320 dwelling units requires a four-unit bonus.Such a bonus is allowed under the PRD code,and is justified in this case by the following special features: On-site landscaping,open space and pedestrian facilities connecting the dwelling units to the pUblic park in the Allen Creek corridor. Dedication of over 36 acres of the Allen Creek corridor to the City for park purposes. Variations of building groups and housing types. 11.Although Section 9.40.070 requires that attached dwellings and multiple-family dwellings within a PRD be disbursed throughout the project,the proposal of Parkview Estates to cluster these building groups in the center of the project is preferable because it allows additional open space.The single-family residences are located on the perimeter of the project to provide compatability with adjacent neighborhoods. 12.Section 19.48.040 states that mUltiple-family dwellings may have a maximum of six units per building.In this case the developer is seeking permission to construct the seven buildings with 16 units apiece.A compromise variance is appropriate so as to allow the construction of 14 buildings with eight units apiece for the following reasons: Clustering the units into larger buildings 3 allows the developer to limit the project to the upper plateau and avoid construction in the Allen Creek corridor.This preserves the environmentally sensitive corridor and eliminates the need for a sewer lift station.Such clustering also allows additional open space.The "footprint"for an eight-unit building is not significantly different from that for a six-unit building.The central location on the property for the multiple-family buildings will screen the same from adjacent neighborhoods. 13.The City will accept dedication of 36.2 acres of the Allen Creek corridor on the west side of the plat for pUblic park purposes.The usable portions of said park may be counted as part of the open space required for this project under the PRD code. However,to make the public park compatible with the abutting residential lots,and to avoid conflicting uses and nuisances,the developer should install a fence for the full length of the common boundary line with gates at the two footpaths connecting the plat to the park. 14.All internal streets in the plat should be constructed in accordance with the standards of street Exhibit A: 60 feet wide with curbs,gutters and sidewalks on both sides. 15.A greenbelt should be required along the northern boundary line of the plat between Lots 23 and 41,inclusive.The stream running along this boundary line may be rechannelized where necessary in the eastern portion,to allow planting of this greenbelt.The greenbelt will consist of evergreen trees six feet in height which are planted along a staggered line at seven-foot intervals.A 30-foot wide buffer zone along the northern property line,including the greenbelt,shall be maintained with a "no cutting"restriction imposed thereon. 16.Development of Lots 40,41 and 42 will be restricted by the topography and the stream channel.No structures shall be permitted within 25 feet of the high water mark. 17.An environmental impact statement was prepared for the original preliminary plat,and the same was supplemented to reflect the changes proposed in connection with the plat/PRD.All impacts addressed therein may be adequately mitigated by strict compliance with the plat conditions imposed below. BASED UPON THE FOREGOING FINDINGS OF FACT,THE CITY COUNCIL HEREBY ENTERS THE FOLLOWING CONCLUSIONS: 4 1.The preliminary plat of Parkview Estates makes appropriate provisions for public health,safety and welfare,and meets all applicable criteria of state and City subdivision codes.. 2.The rezone of the sUbject property from the single-family 7200 classification to the PRD/7200 classification is in the pUblic interest. 3.In accordance with Section 19.48.080 of the PRD Code a bonus of up to four dwelling units shall be granted,allowing a total density of 320 dwelling units. 4.A variance from Section 19.48.040 of the PRD Code is hereby granted allowing 14 buildings with eight dwelling units apiece. 5.A variance is hereby granted to Section 19.48.070 of the PRD Code allowing the clustering of multiple-family dwellings in the center of the project,and the placement of single-family, detached dwellings around the ·perimeter. 6.Section 11.46.120 of the Marysville Municipal Code referring to 57th Dr.N.E.as a public road should be repealed. 7.Approval of this plat/PRD shall be subject to compliance with all conditions attached hereto and incorporated herein by this reference. 8.The PRD/7200 zoning classification for the sUbject property shall be inseparably appurtenant to the plat of Parkview Estates.If said plat,or any part thereof,expires or terminates because it is not recorded or completed within the time required by law,the zoning classification shall simultaneously expire and terminate for the affected property,and said property shall revert to the single-family residential 7200 classification. 9.The preliminary plat of Parkview Estates approved in 1979,but not recorded,is superseded by the approval of this preliminary plat,and shall hereafter be null and void. 10.All public improvements required as a condition of this plat approval shall be completed prior to recording of the final plat unless the City Engineer,at his discretion,allows a performance bond to be furnished guaranteeing such completion within one year of the date of recording of the final plat.The plat may be developed and recorded in phases,SUbject to staff approval. 5 11.No lots in the plat shall be sold or offered for sale until the final plat (or the applicable phase thereof)is approved and recorded and all requirements of Chapters 19.48 and 20.20 of the Marysville Municipal Code are satisfied in full. DATED this L.£.day of ~tV C'1984. ATTEST: 6 ATTACHMENT A CONDITIONS FOR PLAT/PRD OF PARKVIEW ESTATES 1.Preliminary Site Plan:Approval of a preliminary plat/PRD for Parkview Estates is based upon a preliminary site plan dated ,1984 filed with the City Compliance Officer.Said site plan provides for a mix of single-family detached residences,townhouses and multiple-family structures. There shall be a maximum of 320 dwelling units.No multiple-family structure shall have more than eight dwelling units.The site plan also includes attachments relating to landscaping,storm drainage,traffic circulation and parking,and architectural styles and elevations for proposed dwelling units. 2.Binding Site Plan:Before development activities commence on the property,the owner shall submit a binding site plan meeting the requirements of Section 19.48.060(b)of the Marysville Municipal Code.Said plan shall cover the entire project,including all phases thereof.The City staff shall review the binding site plan to determine whether it conforms to the approved PRD and preliminary site plan,and applicable state and city laws.The binding site plan shall be SUbject to approval by the Mayor.Upon receiving such approval it shall constitute an integral part of the plat/PRD of Parkview Estates and shall be binding upon the owner of the property,its successors and assigns.All development of the plat/PRD shall be consistent with the binding site plan. 3.Dedications to the City:At the time of final plat approval the owner shall dedicate the following property to the City of Marysville at no cost to the City: A.That portion of the Allen Creek Corridor consisting of approximately 36.2 acres,as designated on the preliminary site plan. B.Such additional right-of-way on the north side of 64th St.N.E.as may be needed to establish a right-of-way width of 40 feet from the centerline. C.All street right-of-way within the plat,and any and all storm water retention basins or facilities within the plat. I All such dedications shall grant the City free and clear title to the affected property,and the owner shall warrant the City's title to the same ,If the project is developed in phases, all dedications shall be made prior to recording the final plat for the first phase:provided,that dedication of internal street right-of-way may be deferred until the recording of the applicable phase. 4.Public Street Improvements: A.64th St.N.E.:64th St.N.E.requires the following improvements:establishment of 80-foot right-of-way,construction of curbs,gutters and sidewalks on both sides,construction of a 56-foot wide street from curb to curb,construction of a storm sewer system,and installation of necessary street lighting facilities. The owner shall meet its responsibility with respect to said street improvements in either of the following alternative ways: (1)Sign a petition to form a Local Improvement District for 64th St.N.E.,and participate in said District for the owner's full proportionate share.Such petition must be signed on or before August 31,1984,and the LID must be formed before the final plat,or the first phase thereof,is recorded: Or (2)At its own cost,construct the north half of 64th St.N.E.,including curbs, gutters,sidewalks,storm sewers and the street lighting facilities along the full abutting frontage of Parkview Estates,including the "exception"area.Said construction may include some improvements on the south side of the centerline where the street grade so requires, as determined by the City.All such construction shall be completed prior to recording of the final plat,or the first phase thereof. B.Internal Plat Streets:All internal streets shall be constructed in accordance with Design Standard A with curbs,gutters and sidewalks on both sides and street lights.Such construction shall be completed 2 prior to recording of the fina~plat,or each applicable phase thereof. 5.Special Restrictions on Lot 29:Lot 29 of the Plat of Parkview Estates shall not be sold or transferred to any private party,but shall be retained in the ownership of the Homeowners' Association.A utility easement shall be granted to the City across said lot.A 20-foot wide emergency vehicle access easement shall be granted to the City across said lot.Said easement shall be improved by the owner with a gravel roadway surface sufficient to safely accommodate emergency vehicles,and a four-foot wide paved pedestrian walkway.At the City's request,the owner will install traffic control devices on the easement for the purpose of restricting non-emergency vehicle access.Lot 29,and all improvements thereon,shall be continuously maintained by the Homeowners'Association. Upon a determination of public use and necessity for the opening of 57th Dr.N.E.as a pUblic street,applying the standards and criteria for the exercise of the power of eminent domain,the City may require the Homeowners'Association to immediately dedicate Lot 29 to the City for a total compensation of $1.00.The City may then construct a connection to 57th Dr. N.E.across Lot 29 and either pay for the costs of such construction itself,or form a Local Improvement District to pay for such costs. 6.Park Fencing:Prior to recording the final plat,or the first phase thereof,the owner shall construct a six-foot high chain link fence for the full length of the common boundary between the Plat of Parkview Estates and the public park area dedicated to the City on the western side thereof.Gates shall be installed at the two footpaths leading from the plat to the park. 7.Landsca.ping:The owner shall install at its cost all landscape improvements for open space and common areas, streetscapes,and basic front yard landscaping improvements for the dwelling units (except single-family detached houses).This may be done in phases,but shall be completed for each phase prior to occupancy of the same.Within 120 days of this approval,a greenbelt shall be planted along the northern boundary of the plat between Lots 23 and 41,inclusive.The greenbelt shall consist of evergreen trees with a minimum height of six feet which are planted in a staggered line at seven-foot intervals.A 3D-foot wide buffer zone,including said greenbelt,shall be maintained along said northern boundary line,and a restrictive covenant prohibiting cutting shall be imposed thereon.The owner may rechannelize the stream along the eastern portion of the northern boundary line in order to allow planting of the greenbelt.Any 3 • such rechannelization shall be sUbject to approval by the City staff. 8.Underground Utilities: plat shall be underground. All utility services in the 9.Storm Drainage System:On-site storm drainage will be collected in an enclosed system and discharged into Allen Creek and the drainage ditch on the northern boundary,subject to approval by the City Engineer per the City's storm drainage ordinance.The City Engineer may require storm drainage retention ponds and facilities either on site or within the Allen Creek Park area. 10.B~ildi~~_R~~tEi£!i£~s:All dwelling units constructed on the property shall conform to the specifications and design criteria in the preliminary and binding site plans and the Declaration of Covenants,Conditions and Restrictions.All single-family dwellings and townhouses shall have garages or carports.No structures or site development on Lots 40,41 or 42 shall be permitted within 25 feet of the high water mark of the stream crossing said lots.No multiple family structure shall have more than eight dwelling units. 11.Declaration of Covenants:The owner shall obtain the approval of the City Attorney on a Declaration of Covenants, Conditions and Restrictions which will be imposed upon the property prior to the sale of the first lot or ownership interest in the same.Said Declaration shall include provisions for maintenance of open space,landscaping and common areas and facilities. 12.Compliance with Laws:All development of the property shall--be-1n-strlct-cc>mpliance with all applicable ordinances of the City of Marysville and other jurisdictional authorities. 13.Time for Completion--Bonding:All on-site and off-site pUblic improvements required herein shall be completed prior to the approval of the first phase of the final plat,unless the City Engineer,in his discretion,allows a performance bond to be furnished guaranteeing such completion within one year from the date of acceptance of the final plat.Provided,that construction of internal plat streets,and related storm drainage facilities, may be deferred until recording of the applicable phase of the plat. 14.Duration of Approval:The approval of the Plat of Parkview Estates and the PRD rezone are inseparably appurtena.nt to 4 , ,. one another.If the plat,or any phase thereof,expires or terminates because it is not recorded or completed within the time required by law,the PRD zoning classification shall simultaneously expire and terminate for the affected property and said property shall revert to the single-family residential 7200 classification.Upon such reversion,the rezone contract for the affected property shall be considered void and of no further force or effect. 15.Phasing:The plat/PRD may be developed and recorded in phases,subject to approval by City staff.The phases shall be designed and sequenced so that the expiration or abandonment of one or more of said phases will not affect the underlying concept of the PRD as a whole,or the timely development of pUblic improvements required herein. 16.Rezone Contract:The conditions of this plat/PRD shall be included in a document entitled "Rezone Covenants and Agreement"executed by the owner and recorded in the records of the Snohomish County Auditor on or before August 31,1984. 5 ·-..~~-,--._-.....---------- CITY OF MARYSVI LLE Marysville,Washington ORDINANCE NO. 1363 AN ORDINANCE OF THE CITY OF MARYSVILLE REZONING CERTAIN PROPERTY WITHIN THE CITY LIMITS AND AMENDING THE OFFICIAL ZONING MAP PREVIOUSLY ADOPTED IN ORDINANCE NO.772 WHEREAS,CABEON CORPORATION is the owner of certain real PUB Lie ATleN property located at 5830 Armar'Road,Marysville,Washington,being legally described as follows:;. That portion of the Northeast quarter of the ~o Northeast quarter of Section 27,Township 30 ..------------ North,Range,S East,W.M.,lying south~asterly of the Marysville-Arlington paved road,and north- easterly of a line describ~d as follows: ~e __6.th __day of ..JUn..€L_. -----------as it was not in supplement form)of for a period of __Qnft.__con- ---,being first duly sworn Commencing at the Southeast corner of said Northeast quarter of the Northeast quarter of the Northwest quarter;Thenee North 0°37'13" West,being along the East line thereof,for 70.00 ,feet to the True Point of Beginning; Thence North 47°28'43"West for 185.28 feet, more or less,to the southeasterly margin of said County road,the terminus of said line. Situate in the County of.Snohomish',State of Washington. WHEREAS,said owne.,and Time Oil Company,filed a petition with the City Clerk seeking a rezone of said property from the Single-Family Residential elassifieation to the Neighborhood- Business classification;and . WHEREAS,at a pUblic meeting held on May 29,1984,the city Council considered the·recommendations of the Planning Commis- sion and adopted the same as being in the pUblic interest:NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF MARYSVILLE,WASHINGTON, DO ORDAIN AS FOLLOWS: e is the---s.ac.ratar~,_ OBE,a weekly newspaper. newspaper which has been ap- r Court in Snohomish County .h Chapter 213 of Washington d has been for more than six ae publication hereinafter re- lish language continually as a e,Snohomish County,Wash- g all of said time was printed ,aforesaid place of publication ing on said :~::S~nt~:yCii:t~:~~i~~dC~:~~~~~~~~~a~~~~~~9~e~r rexed is a true copy of a' ,Fact and a recommendation in favor of granting said reZOne;and Section 1.The Findings of Faet of the Planning Commis- :~~n s:t~h p~~=~~~~i~:~e~~0~:;~~;~r~~~:dt~:Z~~~9~~~F~~~~y R:~~~:~~ial---day of _J.une __,19.8-4_. classification to the Neighborhood Business classification,subjeet touch newspaper was regularly the t'ollowing conditions:'.Iring all of said period.That (a) Upon application for a building permit for any ged for the foregoing publi- construction on the property,the owner shall construct eurbs ;gutters and sidewalks along l2__,which amount has been the full frontage of Aimar Road; (bl Within sixty (60)days of the date of this -rezone the owner shall erect and maintain a view-obseuring fence or dense eoniferous hedge to,a height of not less than six (6) feet along all boundary lines of the prop- erty which are abutted by a single-family residential zone.Provided that any fences or hedges already meeting said criteria . which may be located on the adjoining prop- .erty shall be deemed as satisfying this reqUirement as long as the same are con- tinuously maintained. Section 2.The Offieial Zoning Map of the City of- Marysville,WashIngton,as adopted in 1972,and Section 5.02 of 'OrdinaneeNo.772,are hereby amended to reflect the reclassification ;of the,above-described,pr~perty to the Neighborhood Business zone. ·wlJ/J:tvr ._-----------~---------- re me this -:21 :19__1.1----------------- t:a~..___.____.._ _.. i for the ate of Washington, ~g at MarYSVille. ,PASSED by the City Council and APPROVED by the Mayor this 29th day of .s . May,1984. THE CITY OF MARYSVILLE By sl/2Norm Anderson, Mayor Attest:BystPhillip E.Dexter,City Clerk Approved as to Form:8v s/James H.Allendoerfer,City Attorney PUblished:June s, 1984 . \r-·- .... said newspaper once each week for a period of __Qn.fl __con- secutive weeks,commencing on the __6.:trL_day of ..JUDJL_, 19__8.4,and ending on the _n.tb day of _JJ.Ul~L_,19.8.1+., both dates inclusive,and that such newspaper was regularly distributed to its subscribers during all of said period.That the full amount of the fee charged for the foregoing publi- cation is the sum of $__1.31~..62 __, which amount has been paid in full --~~---~~~~------------ Subscribed and sworn to before me this ~?~_ day of ~-----,19__1/-.................~a.~. Notary p~c in and for the te of Washington, Residing at MarySVille. No._ _________Qr_QirUa o_c_e _Db}.__.as it was published in regular issues (and not in supplement form)of on oath deposes and says that he is the __sac.ratar_jl..._ of THE MARYSVILLE GLOBE, a weekly newspaper. That said newspaper is a legal newspaper which has been ap- proved by order of the Superior Court in Snohomish County June 18, 1962 in compliance with Chapter 213 of Washington Laws of 1941,and it is now and has been for more than six months prior to the date of the publication hereinafter re- ferred to,published in the English language continually as a weekly newspaper in Marysville,Snohomish County,Wash- ington,and it is now and during all of said time was printed in an office maintained at the aforesaid place of publication of said newspaper.That the annexed is a true copy of a STATE OF WASHINGTON, County of Snohomish, ss. AFFIDAVIT OF PUBLICATION OAP LEATHER 'ER'S APRON IER lOOPS -TAPE MEASURE CLIP 'I REG.$19.99 1 21 j