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CAS-43_HIGHCREST MEADOWS (AKA YOBERRY FARM) (5)o,l - 4'2 CITY OF CHANHASSEN CARVER AND HENNEPIN COUNTIES, MINNESOTA FINDINGS OF FACT AND DECISION IN RE: Application of Yoberry Farm — Planning Case 04-43 On January 4, 2005, the Chanhassen Planning Commission met at its regularly scheduled meeting to consider the application of a Preliminary Plat to Subdivide 35.79 Acres into 57 single-family lots and 8 outlots, and Rezoning of 35.79 acres of property zoned RR, Rural Residential, to RSF, Residential Single Family — Yoberry Farm. The Planning Commission conducted a public hearing on the proposed development on January 4, 2005 and continued on January 18, 2005 which was preceded by published and mailed notice. The City Council makes the following: FINDINGS OF FACT The property is currently zoned Rural Residential District, RR. 2. The property is guided in the Land Use Plan for Residential — Low Density (1.2 — 4.0 units per net acre). 3. The legal description of the property is attached as Exhibit A. 4. The Subdivision Ordinance directs the Planning Commission to consider seven possible adverse effects of the proposed subdivision. The seven (7) effects and our findings regarding them are: a) The proposed subdivision is consistent with the zoning ordinance; b) The proposed subdivision is consistent with all applicable city, county and regional plans including but not limited to the city's comprehensive plan; C) The physical characteristics of the site, including but not limited to topography, soils, vegetation, susceptibility to erosion and siltation, susceptibility to flooding, and storm water drainage are suitable for the proposed development; d) The proposed subdivision makes adequate provision for water supply, storm drainage, sewage disposal, streets, erosion control and all other improvements required by this chapter; e) The proposed subdivision will not cause environmental damage; f) The proposed subdivision will not conflict with easements of record; and g) The proposed subdivision is not premature. A subdivision is premature if any of the following exists: 1. Lack of adequate storm water drainage. 2. Lack of adequate roads. 3. Lack of adequate sanitary sewer systems. 4. Lack of adequate off-site public improvements or support systems. 5. The planning report Planning Case 04-43, dated January 4, 2005, prepared by Sharmeen Al-Jaff, et al, is incorporated herein. 6. The proposed Rezoning is consistent with the City's Comprehensive plan. DECISION The preliminary plat is approved subject to the conditions set forth in the planning report as amended by motion of City Council. 2. The rezoning of the property to RSF, Residential Single Family is approved. ADOPTED this 28th day of February, 2005. CITY OF CHANHASSEN A Gerhardt, City Clerk/Manager Thomas A. Furlong, May 1 gAplant2004 planning ewm\0443 - yobeM farmViindings of fact for city council.doc 0 0 The contents of this file have been scanned. Do not add anything to it unless it has been scanned. (,ue,ed for rc.,di„g purp.u,) GRANT OF PERMANENT TRAIL EASEMENT YOBERRY FARMS, LLC, a Minnesota limited liability company, hereinafter referred to as "Grantor", in consideration of One Dollar ($1.00) and other good and valuable consideration, the receipt and sufficiency of which is herby acknowledged, does hereby grant unto the CITY OF CHANHASSEN, a municipal corporation organized under the laws of the State of Minnesota, the Grantee, hereinafter referred to as the "City", its successors and assigns, forever, a permanent easement for public trailway purposes over, across, on, under, and through land situated within the County of Carver, State of Minnesota, as described on the attached Exhibit "A" and depicted on the Description Sketch attached hereto as Exhibit `B". INCLUDING the rights of the City, its contractors, agents, servants, and assigns, to enter upon the easement premises at all reasonable times to construct, reconstruct, inspect, repair, and maintain said public trailway systems over, across, on, under, and through the easement premises, together with the right to grade, level, fill, drain, pave, and excavate the easement premises, and the further right to remove trees, bushes, undergrowth, and other obstructions interfering with the location, construction, and maintenance of said public trailway systems. 131799v01 j SRN 05/1812007 The above named Grantor, its successors and assigns, does covenant with the City, its successors and assigns, that it is well seized in fee title of the above described easement premises; that it has the sole right to grant and convey the easement to the City; that there are no unrecorded interests in the easement premises; and that it will indemnify and hold the City harmless for any breach oftbe foregoing covenants. IN TESTIMONY WHEREOF, the Grantor hereto has signed this Grant of Permanent Easement this ZI `* day of A_� ,2007 - STATE 2007. STATE OF MINNESOTA ) �� _ (ss. COUNTY OF t'r,N.YIXakk ) tYOBERRY FARMS, LLC A •rChief MamnWager ej- The foregoing instrlDUent was acknowledged before me this 1 day of JV, KA , 2007, by Paul R Youngiluist, the Chief Manager of Yobefry Farms, LLC, a Minnesota limited liability company, on behalfofthe company - DRAFIID BY: CA wswmi, KNvrs 317 Eagwdale Office Cenkr 1380 CmPmatim Cmkr Chive Eagm, M®csota 55121 Tdephme (651)4525000 SRNms 131794v01 SRN-05/18f2M NOTARY PUBLIC OWN10KIE OUTEKUNST• NDTARYPUBLIC-MMIUM w Cwft8WNE DO* Jot 81.2W • Ar 0 • EXHIBIT "A" TO GRANT OF PERMANENT TRAIL EASEMENT TRAM. EASEMENT DESCRIPTION A 10.00 foot wide trail easement over and across that part of Outlot D, HIGHCREST MEADOWS, Carver County, Minnesota, lying 5.00 feet on either side of the following described center line: Commencing at the northeast corner of said Outlot D; thence on an assumed bearing of North 89 degrees 52 minutes 12 seconds West along the most northerly line of said Outlot D, 20.17 feet to the POINT OF BEGINNING; thence South 11 degrees 21 minutes 23 seconds West, 30.94 feet; thence southerly 3231 feet along a tangential curve concave to the east having a central angle of I 1 degrees 02 minutes 27 seconds and a radius of 167.69 feet; thence South 01 degree 13 minutes 47 seconds West, 2932 feet; thence southwesterly 1230 feet along a tangential curve concave to the northwest having a central angle of 55 degrees 34 minutes 42 seconds and a radius of 12.68 feet; thence South 57 degrees 23 minutes 09 seconds West, 2127 feet; thence southwesterly and southerly 2424 feet along a tangential curve concave to the southeast having a central angle of 46 degrees 18 minutes 00 seconds and a radius of 30.00 feet, to the southwesterly line of Outlot D and said center line there terminating. The sidelines of said easement are to be prolonged or shortened to terminate on the southwesterly and most northerly lines of said Outlot D, HIGHCREST MEADOWS. Containing 1,503 square feet or 0.03 acres, more or less. [ABSTRACT PROPERTY] 131794v01 SRN o5n82007 CITY OF CIIANIIASSEN 7700 Markel Boulevard PO Box 147 Chanhassen, MN 55317 Administration Phone: 952.227.1100 Fax: 952.227.1110 Building Inspections Phone: 952.227.1180 Fax: 952227.1190 Engineering Phone: 952227.1160 Fax: 952.227.1170 Finance Phone: 952.227.1140 Fax 952.227 1110 Park & Recreation Phone. 952.227.1120 Fax: 952.227.1110 Recreation Center 2310 Coulter Boulevard Phone: 952.227.1400 Fax: 952.227.1404 Planning & Natural Resources Phone: 952.227.1130 Fax: 952.227.1110 Public Works 1591 Parr Road Phone: 952227.1300 Fax 952.227.1310 Senior Center Phone: 952227.1125 Fax: 952.227.1110 Web Site www.ci.chanhassen.mn.us 0 May 9, 2005 Yobecry Fames, LLC 7105 Hazeltine Blvd Excelsior, MN 55331 Karen Weathers 7235 Hazeltine Blvd Excelsior, MN 55331 David Hurrel 7460 Bent Bow Trail Chanhassen, MN 55317 • 01-4-43 Re: Higherest Meadows, Highcrest Meadows Second Addition, and Highcrest Meadows Third Addition (formerly known as Yoberry Farm) Planning Case No. 04-43 Dear Applicants: This letter is to formally notify you that on April 25, 2005, the City Council adopted the following motion: 'The City Council approves final plat Subdivision #04-43 to Subdivide 35.79 Acres into 56 single-family lots and 13 outlots, Highcrest Meadows, Highcrest Meadows Second Addition, and Highcrest Meadows Third Addition as shown on the final plat received March 28, 2005, based upon findings in the staff report and subject to the following conditions: 1. Final plat approval is contingent upon review and approval of the construction plans and development contract. All fees shall be determined as part of the development contract. 2. Lot 2, Block 2, Highcrest Meadows shall maintain a minimum lot area of 15,000 square feet and Lot 6, Block 5, Highcrest Meadows shall maintain a minimum depth of 125 feet. 3. Existing drainage and utility easements within the site must be vacated prior to recording of the final plat. 4. A wetland buffer 16.5 feet in width must be maintained around Wetlands 2, 3, 4 and 5. A wetland buffer 20 feet in width must be maintained around Wetland 1. Wetland buffer areas should be preserved, surveyed and staked in accordance with the City's wetland ordinance. The applicant should install wetland buffer edge signs, under the direction of City staff, before construction begins and must pay the City $20 per sign. 5. All structures must maintain 40 -foot setbacks from wetland buffer edges. The City of Chanhassen • A growing community with clean lakes, quality schools, a charming downtown, thriving businesses, winding trails, and beautiful parks. A great place to live, work, and play. 0 Yober y Farms, LLC Karen Weathers David Hurrel May 9, 2005 Page 2 6. All bluff areas must be preserved. In addition, all structures must maintain a 30 -foot setback from the bluff and no grading may occur within the bluff impact zone (i.e., the bluff and land located within 20 feet from the top of a bluff). 7. Additional easements maybe required to be dedicated on the plat after review of the Construction Plans." If you have any questions, please call me at (952) 227-1134 or e-mail me at sal) aff @ci.chanhassen.mn.us. Sincerely, J Sharmeen AI-Jaff Senior Planner c: Paul Oehme, City Engineer Steve Torell, Building Official 9:Aplant2004 planning cases\04-43 - yobecty fa,m\final plat letter of appmvalhm 43AKAM • CITY OF CHANHASSEN CARVER AND HENNEPIN COUNTIES, MINNESOTA ORDINANCE NO. 393 AN ORDINANCE AMENDING CHAPTER 20 OF THE CHANHASSEN CITY CODE, THE CITY'S ZONING ORDINANCE, BY REZONING CERTAIN PROPERTY THE CITY COUNCIL OF THE CITY OF CHANHASSEN ORDAINS: Section 1. Chapter 20 of the Chanhassen City Code, the City's zoning ordinance, is hereby amended by rezoning 35.79 acres of property zoned RR, Rural Residential, to RSF, Single Family Residential District within the plats of Highcrest Meadows, Higbcrest Meadows 2nd Addition and Highcrest Meadows 3`d Addition. Section 2. The rezoning of this property is subject to all conditions of City Council approval. Section 3. The zoning map of the City of Chanhassen shall not be republished to show the aforesaid zoning, but the Clerk shall appropriately mark the zoning map on file in the Clerk's Office for the purpose of indicating the rezoning herein above provided for in this ordinance, and all of the notations, references, and other information shown thereon are hereby incorporated by reference and made a part of this ordinance. Section 4. This ordinance shall be effective immediately upon its passage and publication. PASSED AND ADOPTED by the Chanhassen City Council this 28d' day of February, 2005. A T:� odd Gerhazdt, CityManager Thomas A. Furlong, Mayo (Published in the Chanhassen Villager on May 5, 2005) SCANNED ' a4 -N3 March 24, 2005 Yoberry Farms, LLC 7105 Hazeltine Blvd CITY OF Excelsior, MN 55331 CHAN MSEN Karen weathers 7700 Market Boulevard 7235 Hazeltine Blvd Po Box 147 Excelsior, MN 55331 Chanhassen, MN 55317 Administration David Hurrel Phone: 952.227.1100 7460 Bent Bow Trail Fa. 952.227.1110 Chanhassen, MN 55317 Building Inspections Phone: 952.227.1180 Re: Yoberry Farm — Planning Case No. 04-43 Fax: 952.227.1190 Engineering Dear Applicants: Phone: 952.227.1160 Fax: 952.227.1170 This letter is to formally notify you that on February 14, 2005, the City Council Finance adopted the following motion: Phone: 952.227.1140 Fax 952.227.1110 "The City Council approve Planning Case #04-43 to rezone 35.79 acres of Park & Recreation property zoned RR, Rural Residential to RSF, Residential Single Family for Peace: 952227.1120 Yoberry Farm as shown on the plans dated received December 20, 2004, and to Fax: 952.227.1110 approve the preliminary plat for Subdivision Case #04-43 for Yoberry Farm for Recreation Center 57 lots and 8 outlots as shown on the plans received December 20, 2004, and the 2310 Coulter Boulevard Phone: 952.227.1400 plan resented February 28, 2005 and dated February 22, 2005, subject to the P P az'Y azY J Fax: 952.227.1404 following conditions: Planning A Natural Resources 1. A minimum of two oversto trees shall be required in the front and of each �' �1 y Phone: 952.227.1130 lot. The applicant shall supply the city with a list of the number of trees Fax 952227.1110 required on each lot as shown on the landscape plan dated 12/20/04. Public Works 1591 Park Road 2. The developer shall be responsible for installing all landscape materials Phone: 952.227.1300 proposed in rear and side yard areas. In 952.227.1310 Senior Center 3, Tree preservation fence shall be installed at the edge of the grading limits Phone: 952.227.1125 prior to any construction. Fax: 952.227.1110 Web site 4. Tree preservation on site shall be according to tree preservation plans dated www.ra.chanhassen.mn.us 12/20/04. Any trees removed in excess of proposed tree preservation plans will be replaced at a ratio of 2:1 diameter inches. 5. Tree removal calculations must be shown for lot 3, block 1, Yoberry Zed Addition. Revised calculations for the entire development will be required before final plat approval. 6. Payment of park fees at the rate in force at the time of platting shall be required as a condition of approval. SCAMNW The City of Chanhassen • A growing communitywith clean lakes, quality schools, a chaffing downtown, thriving businesses, winding trails, and beautiful parks. A ga:at place to live, work, and play. 0 0 Yoberry Farms, LLC Karen Weathers David Hurrel March 24, 2005 Page 2 7. The applicant will be required to meet the existing site runoff rates for the 10 -year and 100 - year, 24-hour storm events. The proposed ponds must be designed to National Urban Runoff Program (NURP) standards. 8. The storm sewer must be designed for a 10 -year, 24-hour storm event. Submit storm sewer sizing calculations and drainage map prior to final plat for staff review and approval. 9. Drainage and utility easements must be dedicated on the final plat over the public storm drainage system including ponds, drainage swales, and wetlands up to the 100 -year flood level. 10. Staff recommends that Type II silt fence, which is a heavy duty fence, be used adjacent to the existing wetlands and around the ponds. In addition, tree preservation fencing must be installed at the limits of tree removal. Erosion control blankets are recommended for all areas with a steep slope of 3:1 and an elevation drop of eight feet or greater. 11. All plans must be signed by a registered Civil Engineer in the State of Minnesota. 12. On the utility plan: a. All watermain pipes must be PVC -C900. b. Maintain 10 -foot horizontal separation between all sanitary/water/storm sewer mains. c. Sanitary manhole #4 must be with outside drop structure. d. Show existing sanitary, storm, and watermain pipe type and size. e. Show all existing utilities in Longacres Drive. f. Reroute the proposed watermain in the southwest corner of the parcel to be between Lots 5 and 6 and 10 feet off the proposed sanitary sewer within the 30 -foot utility easement. g. Add the following notes: Any connection to an existing structure must be core drilled. 13. On the grading plan: a. Show the 100 -year HWL of wetlands 1 and 5. b. Show the benchmark used for the site survey. c. Show the location and elevation of all emergency overflows. The elevation must be 1.5 feet lower than adjacent house elevations. d. Delete the proposed grading on the custom house pad of Lot 3, Block 1, Yoberry 2' Addition. e. Revise the retaining wall top and bottom elevations on the southwest comer of the parcel. f. Remove existing temporary cul-de-sac pavement and re -sod it at the north on Highover Drive. g. Maintain a maximum driveway slope of 10% on Lot 21, Block 1, Yoberry 1s` Addition. h. Remove the existing outlet control structure after installing the proposed outlet control structure on the existing north storm pond. i. Show the location of the existing power lines along the eastern property line of the site. aimM 9 0 Yoberry Farms, LLC Karen Weathers David Hurrel March 24, 2005 Page 3 r� 14. Any retaining wall over four feet in height must be designed by a registered civil engineer and a permit from the City's Building Department must be obtained. In addition, encroachment agreements will be required for any retaining wall within a public easement. Approved safety fence will be required on top of all retaining walls which are adjacent to sidewalk or trails. 15. The sanitary sewer and water hookup charges along with the Lake Ann Interceptor charge will be applicable for each of the new lots. The 2005 trunk hookup charge is $1,458.00 per unit for sanitary sewer and $2,955.00 per unit for watermain. The total 2005 Lake Ann Interceptor charge is $2,270.00 per unit and the SAC fee is $1,525.00 per unit. All of these charges are based on the number of SAC units assigned by the Metropolitan Council. Sanitary sewer and watermain hookup fees may be specially assessed against the parcel at the time of building permit issuance. 16. All disturbed areas, as a result of construction, must be seeded and mulched or sodded immediately after grading to minimize erosion. 17. The applicant should be aware that any off-site grading will require an easement from the appropriate property owner. 18. If importing or exporting material for development of the site is necessary, the applicant will be required to supply the City with detailed haul routes. 19. All private driveway accesses for the demolished home sites off TH 41 must be removed 20. All of the utility improvements are required to be constructed in accordance with the City's latest edition of Standard Specifications and Detail Plates. The applicant is also required to enter into a Development Contract with the City and supply the necessary financial security in the form of a letter of credit or cash escrow to guarantee installation of the improvements and the conditions of final plat approval. 21. All lots must have a minimum useable area off the back of the house pad with a maximum slope of 10:1. 22. The applicant will be required to cover the cost of all necessary upgrades to L.S. #27 for the wastewater from the 11 additional homes. 23. A curve sign with a 20 mile per hour speed limit at the eastern end of Gunflint Trail is required on both sides of the curve. 24. Existing drainage and utility easements within the site must be vacated prior to recording of the final plat. 25. The pond built in conjunction with the Highover subdivision must be maintained to ensure it meets the size and volume standards to which it was originally designed. Any inlet and outlet structures on that pond requiring maintenance or replacement must be corrected. In Yoberry Farms, LLC Karen Weathers David Hurrel March 24, 2005 Page 4 addition, areas experiencing erosion due to storm water discharge must be stabilized. 26. The applicant will either have to expand the existing pond or provide onsite ponding for the drainage from the south-central portion of the site. 27. The applicant will need to obtain an agreement from Xcel Energy that prohibits any future encroachment of the power poles into the street pavement or move the street and right-of- way outside of the existing easement area. 28. A wetland buffer 16.5 feet in width must be maintained around Wetlands 2, 3, 4 and 5. A wetland buffer 20 feet in width must be maintained around Wetland 1. Wetland buffer areas should be preserved, surveyed and staked in accordance with the City's wetland ordinance. The applicant should install wetland buffer edge signs, under the direction of City staff, before construction begins and must pay the City $20 per sign. 29. All structures must maintain 40 -foot setbacks from wetland buffer edges. 30. All bluff areas must be preserved. In addition, all structures must maintain a 30 -foot setback from the bluff and no grading may occur within the bluff impact zone (i.e., the bluff and land located within 20 feet from the top of a bluff). 31. Silt fence must be installed between wetland impact areas and the remaining wetland. 32. All exposed soil areas should have temporary erosion protection or permanent cover year round, according to the following table of slopes and time frames: Type of SloM Time Steeper than 3:1 7 days 10:1 to 3:1 14 days Flatter than 10:1 21 days (Maximum time an area can remain open when the area is not actively being worked.) These areas include constructed storm water management pond side slopes, and any exposed soil areas with a positive slope to a storm water conveyance system, such as a curb and gutter system, storm sewer inlet, temporary or permanent drainage ditch or other natural or man made systems that discharge to a surface water. 33. Street cleaning of soil tracked onto public streets Highover Drive, Lake Lucy Road, Gunflint Trail, Longacres Drive, Hunter Drive and Highway 41 should include daily street scraping and street sweeping as needed 34. At this time, the estimated total SWMP fee, due payable to the City at the time of final plat recording, is $97,191. 35. The applicant shall apply for and obtain permits from the appropriate regulatory agencies (e.g., Riley -Purgatory -Bluff Creek Watershed District, Minnesota Pollution Control Agency (NPDES Phase 11 Construction Permit), Minnesota Department of Natural Resources (for dewatering), 0 • Yoberry Fauns, LLC Karen Weathers David Hurrel March 24, 2005 Page 5 Minnesota Department of Health, Minnesota Department of Transportation, and comply with their conditions of approval. 36. Submit streets names to the Building Department for review prior to final plat approval. 37. Building Department conditions: a. A final grading plan and soils report must be submitted to the Inspections Division before building permits will be issued. b. Demolition permits must be obtained prior to demolishing any structures on the site. c. Existing wells and on-site sewage treatment systems but be abandoned in accordance with State Law and City Code. d. Separate sewer and water services must be provided each lot. e. Retaining walls more than four feet high must be designed by a professional engineer and a building permit must be obtained prior to construction. f. The developer must coordinate the address changes of the three existing homes with the construction of the development and provide access for emergency vehicles at all times. 38. Fire Marshal conditions: a. A 10 -foot clear space must be maintained around fire hydrants, i.e., street lamps, trees, shrubs, bushes, Xcel Energy, Qwest, cable TV and transformer boxes. This is to ensure that fire hydrants can be quickly located and safely operated by firefighters. Pursuant to Chanhassen City Ordinance 9-1. b. No burning permits will be issued for trees to be removed. Trees and shrubs must either be removed from site or chipped. c. Fire apparatus access roads and water supply for fire protection is required to be installed. Such protection shall be installed and made serviceable prior to and during the time of construction except when approved alternate methods of protection are provided. Temporary street signs shall be installed on each street intersection when construction of new roadways allows passage by vehicles. Pursuant to 2002 Minnesota Fire Code Section 501.4. d. Submit proposed street names to Chanhassen Building Official and Chanhassen Fire Marshal for review and approval. e. An additional hydrant will be required at the southernmost tip of Lot 4. Relocate the fire hydrant from between Lots 18 and 19 to between Lots 16 and 17 and add an additional fire hydrant between Lots 1 and 8. 39. On Sheets C3.1, C4.1, C5.1 and L2.1 of the plans, a gap appears on the western edge of Lots 4, 19, 20 and 21 of Block 1 and Outlot A, Yoberry Farm. This gap must be eliminated. 40. A windmill appears within the front yard setback on Lot 4, Block 1, Yoberry Farm. The applicant shall remove or relocate this structure prior to final plat recording. 41. Approval of this subdivision is contingent upon vacation of existing drainage and utility easements located on Lots 1 through 3, Block 2, Yoberry Farm 2od Addition. 0 Yoberry Farms, LLC Karen Weathers David Hurrel March 24, 2005 Page 6 42. The applicant shall remove the sidewalk on the west side of Gunflint Trail. 43. Trees that should be located prior to grading field verified as to whether or not they should be removed include: #312, #42, #192, #250, 46, 81, 270 and #251. 44. The developer will be required to install a 10 -inch raw water transmission main for future connection to the City's second water treatment plant as a part of the utility construction and provide public drainage and utility easements over the transmission main. As this is a system -wide improvement, the construction cost for the raw water main will be paid by the City from the water portion of the utility fund. 45. The applicant shall provide a permanent trail easement or Outlot dedicated to the City between Lots 1 and 2, Block 1, Yoberry Farm 2nd Addition as depicted on the diagram:" 46. The construction access off of 41 shall be maintained for as long as possible. 47. No connection of Highover and Gunflint Trail, specifics to be proposed by staff and the developer. If you have any questions, please call me at (952) 227-1134 or e-mail me at sabaff @ci.chanhassen.mn.us. Sharmeen Al-Jaff Senior Planner c: Matt Saam, Project Engineer Steve Torell, Building Official gAplan\2004 planning c X0"3 - yobmy farmUetter of approval.doc �ermaneat t R it 'Trail asemeat _ 4 7 �j}y� 3ti Q r 3 i a � 46. The construction access off of 41 shall be maintained for as long as possible. 47. No connection of Highover and Gunflint Trail, specifics to be proposed by staff and the developer. If you have any questions, please call me at (952) 227-1134 or e-mail me at sabaff @ci.chanhassen.mn.us. Sharmeen Al-Jaff Senior Planner c: Matt Saam, Project Engineer Steve Torell, Building Official gAplan\2004 planning c X0"3 - yobmy farmUetter of approval.doc