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HomeMy Public PortalAboutORD15652 BILL NO. 2016-134 SPONSORED BY Councilman_ Graham ORDINANCE NO. /5- AN ORDINANCE OF THE CITY OF JEFFERSON, MISSOURI, CHANGING, AMENDING, AND MODIFYING THE ZONING MAP OF THE ZONING CODE OF THE CITY OF JEFFERSON, BY REZONING 104 ACRES OF LAND ADDRESSED AS 700 MOKANE ROAD FROM RC CONSERVATION, C-3 CENTRAL COMMERCIAL AND M- 1 LIGHT INDUSTRIAL TO M-2 GENERAL INDUSTRIAL. WHEREAS, It appears that the procedures set forth in the zoning code relating to zoning have in all matters been complied with. NOW, THEREFORE, BE IT ENACTED BY THE COUNCIL OF THE CITY OF JEFFERSON, MISSOURI, AS FOLLOWS: Section 1. The following described real estate is rezoned from RC Conservation, C-3 Central Commercial and M-1 Light Industrial to M-2 General Industrial: Part of the Northeast Quarter and part of the Southeast Fractional Quarter of Section 16, Township 44 North, Range 11 West, in the City of Jefferson, Callaway County, Missouri, more particularly described as follows: From the southwest corner of the East Half of the Northeast Quarter of the aforesaid Section 16; thence N1°56'46"E, along the Quarter-Quarter Section Line, 256.23 feet to the southwesterly corner of the property described by deed of record in Book 247, page 277, Callaway County Recorder's Office and said corner being the POINT OF BEGINNING for this description; thence S60°08'57"E, along the southerly boundary of said property described in Book 247, page 277, 144.13 feet to the southeasterly corner thereof; thence N14°51'03"E, along the easterly boundary of said property described in Book 247, page 277, 150.00 feet to the northeasterly corner thereof, being a point on the southerly line of the Old Missouri State Route D right-of-way; thence S61°59'03"E, along said right-of-way line, 39.55 feet; thence S56°05'59"E, along said right-of-way line, 1349.69 feet to a point on the east line of the aforesaid Section 16; thence S2°05'08"W, along the Section Line, 1794.84 feet to the northerly bank of the Missouri River; thence northwesterly, along the northerly bank of said Missouri River, the following courses: N60°00'51"W, 1515.04 feet; thence N66°23'35"W, 497.31 feet; thence N54°35'50"W, 679.54 feet; thence N57°50'03"W, 367.10 feet to a point on the west line of the Southeast Quarter of the aforesaid Section 16; thence leaving the northerly bank of said Missouri River, Ni°54'05"E, along the Quarter Section Line, 273.99 feet to a point on the easterly line of the U.S. Route 54/63 right-of- way; thence, along said U.S. Route 54/63 right-of-way line the following courses: S53°29'16"E, 92.13 feet; thence N36°32'58"E, 180.00 feet; thence N53°27'02"W, 139.11 feet; thence N36°32'58"E, 1044.22 feet to a point on the northerly boundary of the property described by deed of record in Book 312, page 158, Callaway County Recorder's Office; thence leaving the aforesaid U.S. Route 54/63 right-of-way Line, S51°56'15"E, along the northerly boundary of said property described in Book 312, page 158 and along the southeasterly extension thereof, 659.75 feet to a point on the easterly line of the Old U.S. Route 54 right- of-way; thence N43°15'45"E, along said Old U.S. Route 54 right-of-way line, 118.56 feet; thence northeasterly, along said Old U.S. Route 54 right-of-way line, on a curve to the left, having a radius of 1175.93 feet, an arc distance of 127.34 feet (the chord of said curve being N40°09'36"E, 127.28 feet) to a point on the west line of the East Half of the Northeast Quarter of the aforesaid Section 16; thence S1°56'46"W, 115.96 feet to the POINT OF BEGINNING. Containing approximately 104 acres. Section 2. This ordinance shall be in full force and effect from and after its passage and approval. Passed: AL i 1 7, 2.017 Approved:APIdI ir(a0I 7 obvke.: _r_ Presiding Officer Mayor Carrie Tergin ATTEST: - - APPROVED AS TO FORM: iti 111144 ACalfA ,tyCI k . ;, . - City 0'oun -for - EXCERPT OF UN-APPROVED MINUTES JEFFERSON CITY P LANNING AND ZONING COMMISSION March 9, 2017 COMMISSION MEMBERS PRESENT Bunnie Trickey Cotten Jack Deeken Dean Dutoi Bob George Chris Jordan, Chairman Michael Lester David Nunn Dale Vaughan Chris Yarnell, Vice Chairman Matthew Hall, Alternate 5:15p.m. COMMISSION MEMBERS ABSENT Ron Fitzwater, Alternate Blake Markus, Alternate COUNCIL LIAISON PRESENT Carlos Graham STAFF PRESENT Sonny Sanders, Interim Director of Planning & Protective Services Eric Barron, Senior Planner Shane Wade, Civil Engineer II Bryan Wolford, Associate City Counselor Jayme Abbott, Neighborhood Services Manager Anne Stratman, Administrative Assistant New Business/Public Hearings ATTENDANCE RECORD 5 of6 5 of6 5 of6 4 of6 6 of6 5 of6 6 of6 4 of6 6 of6 6 of6 3 of6 4 of6 Case No. P17006-700 Mokane Road, Rezoning from RC/C-3/M-1 to M-2. Request filed by Capital Sand Company Inc, Jefferson City River Terminal Inc, Farmers Concrete Inc, and Michael and Elliott Farmer, property owners, for rezoning of multiple parcels totaling approximately 104 acres from a variety of existing zoning designations, including M-1 Light Industrial, C-3 Central Commercial, and RC Conservation, to M-2 General Industrial. The property is located on the south side of Mokane Road at the intersection of Hibernia Road and is described as part of the Northeast Quarter and the Southeast Quarter of Section 16, Township 44 North, Range 11 West, Jefferson City, Callaway County, Missouri (Central Missouri Professional Services, Consultant). Mr. Barron described the proposal and explained that the property, which consists of multiple parcels held by various subsidiaries of the Farmer Companies, is currently in use as a sand extraction and processing site with other ancillary operations associated with aggregate processing and production of concrete, asphalt, etc. He stated that the purpose of the request is to bring the existing operations on the property, including the industrial oriented processing and asphalt production operations, into conformance with the zoning code. Mr. Barron stated that the property is well situated, with good access to the Missouri River and Highway 54/63, for river transportation access derived uses and sand and aggregate processing. Mr. Barron explained that several of the surrounding properties have current land uses of outdoor storage or operations and other high impact uses. He stated that negative effects of the industrial use of the property are largely mitigated by the presence of the Missouri River, the shielding of the site by trees and other foliage within and surrounding the property, and the presence of other industrial (or similar impact) uses in the vicinity. Mr. Graham left at 7:16p.m. Excerpt of Un-Approved Minutes/Jefferson City Planning & Zoning Commission March 9, 2017 Page 2 Mr. Paul Samson, Central Missouri Professional Services, 2500 E McCarty Street, spoke regarding this request. Mr. Samson distributed a visual depicting the location of the proposed asphalt plant. Mr. Samson explained that the purposes of the rezoning request include: (1) bring existing uses into compliance with the City Code; and (2) the wish of Capital Materials to locate an asphalt batch plant just north of the existing sand processing plant. He stated that the reason they need to locate the asphalt plant at this location is because the existing asphalt plant is currently located in the Christy Drive quarry. Mr. Samson explained that the existing asphalt plant is in need of relocation due to the new Special Olympics Training for Life campus being built in this location. He stated that there will not be significant expansion of uses on that facility due to the fact that most of the property is within the floodplain. No one spoke in opposition to this request and no correspondence was received. Mr. Barron gave the Planning Division staff report. Mr. Dutoi moved and Mr. Vaughan seconded to recommend approval of the request to rezone the property to M-2 General Industrial. The motion passed 8-0 with the following votes: Aye: Cotten, Deeken, Dutoi, George, Hall, Lester, Nunn, Vaughan City of Jefferson Planning & Zon ing Commiss ion LOCAT IO N MA P Case No. P17006 Rezoning from RC/C-3/M-1 to M-2 700 Mokane Road 0 300 600 1,200 Feet -=-=-- City of Jefferson Planning & Zoning Commission VI C INI T Y Case No. P17006 Rezoning from RC/C -3/M -1 to M-2 700 Mokane Road 0 335 670 City of Jefferson Department of Planning & Protective Services 320 E. McCarty Street Jefferson City, MO 65101 Phone: 573-634-6410 lcpl annlnq@ieffcitvmo.org WWVI.jeffersoncitymo.gov APPLICATION FOR ZONING AMENDMENT The undersigned hereby petitions the Planning and Zo ning Commission and City Council of the City of Jefferson, Missouri, for the following amendment to the Zoning Code: 0 Zoning Text Amendment (Describe below or attach complete narrative) Article and Section Affected (if applicable} _______________________ _ Description of proposed text amendment: ________________________ _ e Zoning Map Amendment (Rezoning of Real Estate) Th e unders ig ned hereby state they are the owners of the following described real estate: Property Address: 700 Mokane Road Legal/Property Description (write out or attach as an exhibit): See Attached Description Who petition to rezone the above described real estate from its present classification of RC/C-3/M-1 district to M-2 district. The purpose of this rezoning request is to : Bring existing operations in compliance with the Zoning Code. ALL OWNERS OF REAL PROPERTY PROPOSED TO BE REZONED MUST SIGN THE APPLICATION, AND ALL SIGNATURES MUST BE NOTARIZED. IF ADDITIONAL SIGNATURES ARE NEEDED, PLEASE ATTACH SEPARATE SHEETS. See Attached Signature Sheet Property Owner #1 Name (type or print) Property Owner Signature Property Owner #2 Name (type or print) Property Owner Signature Subscribed and sworn before me this ____ day of _________ ln the year ____ _ Notary Public Address of Property ·owner #1 Name Farmer Companies Mailing Address 221 Bolivar St., Suite 400. Jefferson City, MO 65101 Phone Number 573-635-2255 Address of Property Owner #2 Name Mailing Address Phone Number .. For C1ty Use Only: Application Filing Fee $210 (Rev1sed June 30, 2015) Payment Received : __ Cash (Receipt# ); __ Check (Copy; check#-.,--.....,.,.--:,...,...-- Att achmen ts: _Additional sheets or documentation _ApplicanUProject Information Sheet _Location Map Individuals should contact the ADA Coordinator at (573) 634-6570 to request accommodations or alternative formats as required under t11 e Americans with Disabilities Act. Please allow three business days to process the request. Property Owner #1 SIGNATURE SHEET REZONING APPLICATION FOR CAPITAL SAND COMPANY, INC. 700 MOKAN E ROAD Property Owner #2 Capital Sand Company, Inc. Jefferson City River Terminal, Inc. ~ Vice-President Property Owner #3 Farmers Concrete , Inc. ~ Vice-President Subscribed and sworn before me this k_day of ~~J GM / year ;;(Ql1 . 6 JEAN MACKNEY r;o:ary Pub~c • Sta te of Missourt ,·,•v; :C,'ll11lisslon Expkes No\'ember 27, 2019 CO:eCounty GNnmission # 11 500009 in the Property Owner #4 SIGNATURE SH EE T REZ ONING APPLICATION FOR CAPITAL SAND COMPANY, INC. 700 MOKANE ROAD Michael Farmer & E. E. Farmer Jr. ~--- Michael K. Farmer JEAN MACKNEY ·';l;!;,,y Pub&:· Sta te o1 lf.JSSOuri ·~'-C•VI(ol:~sioo Expiros Novembe r 27, 20 19 Cole Cou nty 'i~I"Jllissioo # 11 500009 Print Preview I of I http :l/www.midmosi•.orslco lcsVWcbForm!<IPrinL:>.<px?imsahttp:l/www.midmos is.orsforcgiooutpuli_ogs_S6608439.j pg MldMoGIS, MO OisdDimcr: M~;J e~nd r;>~~cl dD:z> ~~~ bt!lit!Yt!d ~ J>. D<:Cur.J tt!, but o~~r:r:un>cy ;s n<>t guarJ>ntt!•d. This IS no: l1 /.,go~~/ doc-Jm<~nt 11nd :s.~<XJid ""t bt! substieu~ for 11 tidc ~~m:h,J~r;>r;>r.oi:s.ol. ::urvcy, or for :O<>ing R•J Map Scale 1 inch = 510 feet 2/612017 2:50PM REZONING REQUEST Part of the Northeast Quarter and part of the Southeast Fractional Quarter of Section 16, Township 44 North, Range 11 West, in the City of Jefferson, Callaway County, Missouri, more particularly described as follows: From the southwest corner of the East Half of the Northeast Quarter of the aforesaid Section 16; thence Nl 0 56'46"E, along the Quarter-Quarter Section Line, 256.23 feet to the southwesterly corner of the property described by deed of record in Book 247, page 277, Callaway County Recorder's Office and said corner being the POINT OF BEGINNING for this description; thence S60°08'57"E, along the southerly boundary of said property described in Book 247, page 277, 144 .13 feet to the southeasterly corner thereof; thence N14°51'03"E, along the easterly boundary of said property described in Book 247, page 277, 150.00 feet to the northeasterly corner thereof, being a point on the southerly line of the Old Missouri State Route D right-of-way; thence S61 °59'03"E, along said right-of-way line, 39.55 feet; thence S56°05'59"E, along said right-of-way line, 1349.69 feet to a point on the east line of the aforesaid Section 16; thence S2°05'08"W, along the Section Line, 1794.84 feet to the northerly bank of the Missouri River; thence northwesterly, along the northerly bank of said Missouri River, the following courses: N60°00'51"W, 1515.04 feet; thence N66°23'35"W, 497.31 feet; thence N54°35'50"W, 679.54 feet; thence N57°50'03"W, 367.10 feet to a point on the west line of the Southeast Quarter of the aforesaid Section 16; thence leaving the northerly bank of said Missouri River, N1 °54'05"E, along the Quarter Section Line, 273.99 feet to a point on the easterly line of the U.S. Route 54/63 right-of-way; thence, along said U.S . Route 54/63 right-of-way line the following courses: S53o29'16"E, 92 .13 feet; thence N36°32'58"E, 180.00 feet; thence N53°27'02"W, 139.11 feet; thence N36°32'58"E, 1044.22 feet to a point on the northerly boundary of the property described by deed of record in Book 312, page 158, Callaway County Recorder's Office; thence leaving the aforesaid U.S. Route 54/63 right-of-way Line, S51 °56'15"E, along the northerly boundary of said property described in Book 312, page 158 and along the southeasterly extension thereof, 659.75 feet to a point on the easterly line of the Old U.S . Route 54 right-of-way; thence N43°15'45"E, along said Old U.S. Route 54 right-of-way line, 118.56 feet; thence northeasterly, along said Old U.S. Route 54 right-of-way line, on a curve to the left, having a radius of 1175.93 feet, an arc distance of 127.34 feet (the chord of said curve being N40°09'36"E, 127.28 feet) to a point on the west line of the East Half of the Northeast Quarter of the aforesaid Section 16; thence S1 °56'46"W, 115.96 feet to the POINT OF BEGINNING. Bearing are based on the deed of record in Book 341, page 803, Callaway County Recorder's Office. City of Jefferson Department of Planning & Protective Service s 320 E. McCarty St. Jefferson City, MO 65101 Febru ary 23, 2017 Dear Property Owner: Carrie Tergin, Mayor Sonny Sanders, Interim Director Phone: 573·634-6410 Fax: 573-634-6457 This letter is to notify you that the Jefferson City Planning and Zoning Commission will meet at 5:15 p.m. on Thursday, March 9, 2017 in the Council Chambers of the John G. Christy Municipal Building , 320 East McCarty Street, to consider the following matter (see map on back): Case No. P17006 -700 Mokane Road, Rezoning from RC/C-3/M-1 to M-2. Request filed by Capital Sand Company Inc, Jefferson City River Terminal Inc, Farmers Concrete In c, and Michael and Elliott Farmer, property owners, for rezoning of multiple parcels totaling approximately 104 acres from a variety of existing zoning designations, in c luding M-1 Light Industrial, C-3 Central Commercial , and RC Conservation, to M-2 General Industrial. The property is located on the south side of Mokane Road at the intersection of Hibernia Road and is described as part of the Northeast Quarter and the Southeast Quarter of Section 16, Township 44 North, Range 11 West, Jefferson City, Callaway County , Missouri (Central Missouri Professional Services, Consultant). As a nearby landowner and/or neighbor, you have the privilege of attending this hearing. Unfortunately, we are unable to record comments received by telephone, however, written comments may be directed to the Planning and Zoning Commission in one of the following ways: e-mail : jcplanning@jeffcitymo.org fax : Dept. of Planning and Protective Services I Planning Division 573-634-6457 mail: Dept. of Planning and Protective Services I Planning Division John G. Christy Municipal Building, 320 E. McCarty Street Jefferson City, MO 65101 Written comments received on or before 1:00 p.m. on the day of the meeting will be made a part of the official record and copied and distributed to Commission members at the meeting . Those unable to provide written comments in advance are invited to deliver their comments to the Commission Chairman only at the meeting. Correspondence received after 1:00 p.m. will be included in the official record, but there is no guarantee that copies will be made for distribution to all Commission members. For your information, this case is tentatively scheduled for a public hearing in front of the City Council on April 17, 2017. The City Council meets at 6:00 p.m. in the Council Chambers of the John G. Christy Municipal Building, 320 East McCarty Street. Information regarding this case may be viewed on the Planning and Zoning Commission webpage at: ININW.jeffersoncitymo.gov. If you have any questions concerning this matter, please feel free to contact us at 573.634 .6475. Sincerely, Eric Barron , AICP Senior Planner Individua ls s hould contact th e ADA Co ordinator a t (573) 634 -6570 to reques t accommoda ti ons or alte rnative formats as required under the Ame ri can s with Di s abilities Act. Pl ease allo w three bus iness d ays to process the request . Please call (573) 634 -6 410 with question s regarding agenda it e ms. Jefferson City Planning & Zoning Commiss ion Property Owner List Case No. P17006 700 Mokane Road JEFFERSON CITY PARKS & RECREATION COMMISSION 320 E McCARTY STREET JEFFERSON CITY, MO 65101 MISSOURI CONSERVATION FOUNDATION 728 W MAIN STREET JEFFERSON CITY, MO 65101 KEMPKER ENTERPRISES INC 625 HIBERNIA ROAD JEFFERSON CITY, MO 65101 ORTMERYER, OSCAR ET AL 3301 KUNLUN DRIVE COLUMIBA, MO 65203 MISTLER, MICHAEL & ANITA 2612 LOLA JEFFERSON CITY, MO 65109 CITY OF JEFFER SON 320 E McCARTY STREET JEFFERSON CITY, MO 65101 FISCHER, JAY & KIMBERLY 1905 OLD MOKANE ROAD JEFFERSON CITY, MO 65101 Page 1 March 9, 2016 Case No . P17006 Rezo ning from RC/C -3/M -1 to M-2 700 Mokan e Road 185 ft. Notification Buffe r 0 225 450 900 1.350 1.800 Feet ------ liW1-94 ~~ WEHMEYER RD PLANNING STAFF REPORT JEFFERSON CITY PLANNING AND ZONING COMMISSION March 9, 2017 Case No. P17006 -700 Molmne Road, Rezoning from RC/C-3/M-1 to M-2. Request filed by Capita l Sa nd Co mpany Inc, Jefferson City River Terminal In c, farmers Concrete Inc , and Michael and Elli ott Fanner, property ow ne rs, for rezonin g of multipl e parcels tota lin g approximately I 04 acres from a variety of existing zo nin g des ignation s, including M-1 Light Indu stria l, C-3 Central Commercial, and RC Conservat ion , to M-2 General Indu strial. The property is located on th e so uth s ide of Mokane Road at th e inte rsec tion of Hibernia Road and is desc ribed as part of the Northeast Quarter and the Southeast Quatter of Sec ti on 16 , Township 44 North, Range II We st, Jefferson City, Ca ll away Co unty (Central Missouri Professional Services , Consultant). Nature of Request The property, which consists of multipl e parcels held by various subsidiaries of the Farmer Co mpanie s, is currently in us e as a sand ex traction and processing site with other ancillary ope rati ons associated with aggregate processing and production of conc rete, asphalt, etc . The purpose of th e request is to bring the ex ist ing operations on the property, includin g the indu strial oriented processing and aspha lt production operat ion s, into conformance with the zo ning code . Zoning Hist01y The majority of the pro petty was annexed int o the City Limits of Jefferson City in 19 71, with a portion of the property bein g brought into the city limits with the Ceda r City consolidation in 1989. The RC zo nin g of the bulk of the property has been in place s ince annexation. Zoning and Sunounding Land Use C urrent Zoning: RC/C-3/M-1 Requested Zo ning: M-2 Surrounding Zoning North M-1/RC South M-1 East RU West RC Allowed Uses: Current Use: Sand extraction and aggregate processi ng Intended Use: Sand extraction and aggregate processing Surrounding Uses Warehou se/Laydown Yards /Municipal Airport Missouri River/Railroad Marshalling Yard Agriculture Hi ghway/Co nservati on River Access Allowed Uses: The M-2 zoning di st rict permits a va ri ety of land uses includin g indoor and outdoor industrial operations, wholesale sales, distribution facilities, co ncrete and asphalt plants, barge docking, convenience stores, motor vehicle sales, he avy equipment sa les, mini-storage, contractor and trade shops, offices, and recreat ional facilities. Please see the Land Use Matrix in the Zoning Code for a more detailed list of permitted uses. Staff Analvsis Standard checklist for rezoning: Co mplies with Comprehensive Plan Has access to ne cessaty utilities 1-Locatecloutside_floodzoUJtcule;.__ - Meets district s ize requirement Y cs No Notes: X X X The Development Plan Map of the Comprehensive Plan does not identify an intended land use for this property. The text of the Compre hensive Plan supports the strengthening of exist in g industrial areas. The property is se rv ed by all necessary utilities. X _The_nmpe_rty_isJocatecbrithin the 100 year floodplain and portions of the property are located within th e floodway. Any cons truction or grading activity on the property would be regulated by floodplain regulations. The rezo nin g would meet the minimum size for the M-2 district of 10 acres . ,_ Planning and Zoning Commission Case No. Pl7006 Standard checkli s t for rezoning: Benefit to City is substantial when adverse affects on adjacent property After rezoning, the allowed uses compared to would be compatible with uses allowed in adjacent districts After rezoning, the allowed uses would be compatible with adjacent existing land uses If not rezoned , the owner would be deprived of use advantages enjoyed by s mround ing owners (reverse spot zoning) The requested rezoning would be an expansion of an existing district Staff Recommendation Yes No X X X X X Notes: March 9, 2017 Page2 The property benefits from its location adjacent to both the Missomi River and Highway 54/63. Use of the property as a river terminal , aggregate collection and processing, and associated industrial and outdoor operations is a benefit to the Jefferson City economy . The M-1 zoning to the north of the property permits a variety of industrial uses. In addition to the neighboring warehouse and laydown yard uses , the Jefferson City Wastewater Plant is located to the northeas t of the property. The property to the north enjoys an industrial zoning and the property to the northeast is in use as a municipal wastewater treatment plant. The property to th e s outh (across the Missouri River) is in use as a railroad marshalling yard with an industrial zoning. The rezoning would be an expansion of the neighboring industrial zoning to the n01th. Staff recommends approval of the request to rezone the property to M-2 General Industrial. The property is well s ituated, with good access to the Missouri River and Highway 54/63, for river transp01tation access derived uses and sand and aggregate processing. Several of the smrounding propetties have current land uses of outdoor storage or operations and other high impact uses. Negative effects of the industrial use of the property are largely mitigated by the presence of the Missouri River, the shielding of the site by trees and other foliage within and surrounding the property, and the presence of other industrial (or similar impact) uses in the vicinity. Staff Recommendation Form of Motion Motion to approve the request to rezone the property to M-2 General Industrial. Materials Submitted by the Consultant 700 Mokane Road Rezoning from RC /C-3 /M -1 to M-2 List of Materials: A. Vi sua l depicting the area to be rezoned +------- Central Missouri Profe ss ional Service s 2500 East McCarty Stre et Jefferson City, MO 651 01 5 73-634-3455 N ote: Pa rcel Lines are for tax purpose s only , not intend ed for con veyance s, nor a re a legal document. 700 M OKA NE RD.-REZONI NG I· I• LE G E ND AREA TO BE REZONED FROM RC/C -3/M -1 TO M-2 PROPOSED ASPHALT PLANT N 800 ~ •--~--.c~ .. ~====~ .... Fe~ 0 100 200 400 600 to-.... ~ a; M c 0 c ca ... :; 1/) c 0 () Cl> .c ... > .Q "C Cl> = .Q ·c ~ i5