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PC Staff Report 05-19-2015 T y o PC DATE: May 19, 2015 CC DATE: June 8, 2015 CITY OF CHANHASSEN REVIEW DEADLINE: June 16, 2015 I S CASE #: 2015-11 4' H A S BY: DI, BG, JM AF, TJ, JS, ML PROPOSED MOTION: "The Chanhassen Planning Commission recommends the City Council amend Site Plan 1991-04 and revise Conditional Use Permit 2001-02 to allow screened outdoor storage, with conditions at 1850 Lake Drive West, and adopts the attached Findings of Fact and Recommendation" SUMMARY OF REQUEST: The property owner is requesting an amendment to the Site Plan and Conditional Use Permit to allow screened outdoor storage Notice of this public heanng has been mailed to all property owners within 500 feet LOCATION: 1850 Lake Drive West(PID 25-1640020) APPLICANT: LDW Properties / ". 's ': 1850 Lake Drive West > " - N • r1 O.` Chanhassen, MN 55317 ►' 1 Contact. Dave Brockpahler ,. E vv[ 'il Phone. 612-581-2570 � �'='r _ , ,� Email. daycomn@earthlink.net `.. r PRESENT ZONING: PUD, Planned Unit Development , _1 '" , '.' - int 2020 LAND USE PLAN: Office Industrial ' • \1' y, ACREAGE: 6.3 acresk i( >• rr T DENSITY: N/A -N • ..E -" ,r. ..... i,`r • t} U9 t�_� a •..• r y�1��� I t - ,11,t 110 LEVEL OF DISCRETION IN DECISION-MAKING: ■a 7'04.**:%, . 4* 1,1047 '4V*.4,' w. Conditional Use Permits—The City has limited discretion in approving or denying conditional use permits, based on whether or not the proposal meets the conditional use permit standards outlined in the Zoning Ordinance If the City finds that all the applicable conditional use permit standards are met, the permit must be approved This is a quasi-judicial decision Site Plan—The City's discretion in approving or denying a site plan is limited to whether or not the proposed project complies with Zoning Ordinance requirements If it meets these standards,the City must then approve the site plan This is a quasi-judicial decision Planning Commission CUP for Screened Outdoor Storage–Planning Case 2015-11 May 19, 2015 Page 2 of 5 BACKGROUND On February 8, 1993,the City of Chanhassen adopted development standards for the Chanhassen Business Center(PUD 91-4). These development standards approved light industrial,warehousing and office uses within the Chanhassen Business Center PUD (see attachment 5). Section(f) Site Landscaping and Screen,subpart(3) of the development standards states, "storage of material outdoors is prohibited unless it has been approved under site plan review.All approved outdoor storage must be screened with masonry fences and/or landscaping" On September 5,2001,the Chanhassen City Council approved a 15-foot variance from the 40-foot building setback requirement of the Bluff Creek Overlay district and the operation of a contractor's yard within the Bluff Creek Overlay district primary zone, with conditions,on Lot 2,Block 1, Chanhassen Business Center 3'd Addition Condition(b)of the CUP states that, "no outdoor storage of material or equipment shall be permitted" (see attachment 6). At the time of the development,May 2002,the applicant did not include outdoor storage as a part of their Site Plan Review#2001-05 submittal. PROPOSAL/SUMMARY The applicant is requesting an amendment to their conditional use permit and the site plan to allow screened outdoor storage in an existing rear loading dock area. The property is located at the end of Lake Drive West on the north side of the cul-de-sac The site is zoned Planned Unit Development (PUD) and has an area of 6 3 acres The screened outdoor storage is permitted within the PUD as long as it has been approved under site plan review. Storage Area The space will be used to house construction ! �+ equipment associated with a contractor's business Proposed storage items include. - Scaffolds plus braces plus blanks plus - brackets, �.— m Trailers, - Rebar, • - Mixers, Pods; - Forklifts - Cages with or without concrete blankets; ■� - Concrete forms; .I .. .. IP. -W- - Hoppers, __ - Road barriers, and • I – _ Man cages. All equipment is proposed to be screened through existing landscaping,buildings or additional landscaping With additional landscaping for screening,the proposed conditional use permit will QHUSCAPE Fl AV_,__,,,�_, Planning Commission CUP for Screened Outdoor Storage—Planning Case 2015-11 May 19, 2015 Page 3 of 5 meet ordinance requirements and staff is recommending approval subject to the conditions outlined in the staff report APPLICABLE REGULATIONS Chapter 20, Article II,Division 6, Site Plan Review, Sec. 20-110 Chapter 20, Article IV, Division 2, Conditional Use Permits, Sec. 20-289 Chapter 20, Article IV, Division 2, Conditional Use Permits, Sec 20-308 ANALYSIS The applicant is requesting to utilize an existing loading dock,located in the rear of the property, for storage. The intent is to screen the storage through existing buildings,landscaping and additional landscaping, if necessary. -I Screened by Raised Railroad Line Screened by • Trees Outdoor Storage '`' , " 4 Space Isp �5 - R • Screened by Building Screened by Berm Bu len d by g Partially and Trees screened by ' trees, additional landscaping required Planning Commission CUP for Screened Outdoor Storage—Planning Case 2015-11 May 19, 2015 Page 4 of 5 S r _ _ ^ - '�"-- : '` -'" ,. .,� .ice - =as p , .- LI Area additional landscaping S - _ � � � �� / / 7 / • ' d#:1 , ---.'`'_N , ,-,.,---",.. / , . .. \ NC..../ .\\.\\ ''' - AIL DRAINAGE The applicant is requesting to use an existing loading dock area for the purpose of outdoor storage of construction materials None of the proposed materials to be stored in this area are erodible or hazardous materials (see attachment 3), as long as the equipment stored in this area are clean None of the storage materials should be cleaned or maintained in this area to ensure that drainage and water quality are not negatively affected by the area The site has been developed to accommodate stormwater and the storage of the proposed equipment should not negatively affect drainage Planning Commission CUP for Screened Outdoor Storage—Planning Case 2015-11 May 19, 2015 Page 5 of 5 LANDSCAPING City ordinance requires that outdoor storage areas be screened from all public views The majority of the proposed outdoor storage space is currently screened by either buildings, elevation changes or landscaping. However, as seen in the image above, there is a viewing area from Lake Drive West that is only partially screened by landscaping(trees). This area will need additional landscaping materials (shrubs, trees, etc)to fully screen the outdoor storage space. RECOMMENDATION Staff recommends that the Planning Commission recommend City Council approve the Conditional Use Permit and Site Plan amendments to allow screened outdoor storage for LDW Properties,to be located on Lot 2, Block 1, Chanhassen Business Center, as shown on the plans dated received April 17, 2015, subject to the following conditions. Planning 1. The Conditional Use Permit shall be restated to "outdoor storage is prohibited unless it has been approved under site plan review" 2 No unlicensed or inoperable vehicle/equipment shall be stored on the premises 3. Outdoor storage is limited to the construction equipment outlined in this report 4 The applicant shall work with city staff to complete full screening of the outdoor storage space through landscaping Water Resources Coordinator 1 Materials shall be free of concrete 2 No cleaning or maintained of equipment can occur in this area ATTACHMENTS 1 Findings of Fact and Recommendation 2. Application 3 Storage Area Location Map 4. Dayco Concrete Outside Storage Possibilities, emailed 5/6/15. 5 Planned Unit Development#1991-04 6 Conditional Use Permit#2001-02 7. Site Plan Permit#2001-05 8 Affidavit of Mailing of Notice of Public Hearing. g\plan\2015 planning cases\2015-11 1850 lake dnve west cup\staff report-2015-11 1850 lake dnve west cup.doc CITY OF CHANHASSEN CARVER AND HENNEPIN COUNTIES, MINNESOTA FINDINGS OF FACT AND RECOMMENDATION IN RE. Application of LDW Properties to revise a Conditional Use Permit and to amend a Site Plan Permit to allow screened outdoor storage in the Planned Unit Development District On May 19, 2015, the Chanhassen Planning Commission met at its regularly scheduled meeting to consider the application of LDW Properties to revise a Conditional Use Permit and to amend a Site Plan Permit to allow screened outdoor storage in the Planned Unit Development District The Planning Commission conducted a public hearing on the proposed revision and amendment preceded by published and mailed notice. The Planning Commission heard testimony from all interested persons wishing to speak and now makes the following FINDINGS OF FACT 1 The property is currently zoned Planned Unit Development, PUD 2 The property is guided in the Land Use Plan for Office Industnal. 3 The legal description of the property is Lot 2, Block 1, Chanhassen Business Center 4. Conditional Use Permit General Issuance Standards a Permitting screened outdoor storage will not be detrimental to or endanger the public health, safety, comfort, convenience or general welfare of the neighborhood or city The site is zoned PUD, with an underlying zoning of IOP The proposed use will not create any significant or unexpected impacts from this operation. b. Permitting screened outdoor storage is consistent with the objectives of the city's comprehensive plan and this chapter The proposed use is consistent with the City's Comprehensive Plan. The City approved a site plan Permit with a conditional use permit for the site with a 15-foot variance from the 40-foot building setback requirement of the Bluff Creek Overlay district, and for development within the Bluff Creek Overlay district primary zone to operate a contractor's yard The site has met all of the conditions of approval and now seeks to utilize a loading dock space for outdoor storage Outdoor storage is an allowed conditional use for a contractor's yards in the IOP District, the underlying district and is allowed within the PUD, if the storage is approved in the site plan 1 c Screened outdoor storage will be designed, constructed, operated and maintained so to be compatible in appearance with the existing or intended character of the general vicinity and will not change the essential character of that area The site is located a PUD that has an underlying IOP District designation. As a condition of approval, the applicant will be required to work with staff to complete additional screening of the site to ensure it keeps with the essential character of the area d. Screened outdoor storage will not be hazardous or disturbing to existing or planned neighboring uses. Storage equipment will be screened from public view. There will be no measurable impacts to the existing or planned neighboring uses e Screened outdoor storage will be served adequately by essential public facilities and services, including streets, police and fire protection, drainage structures, refuse disposal, water and sewer systems and schools, or will be served adequately by such facilities and services provided by the persons or agencies responsible for the establishment of the proposed use Full city services are available to this site. Roads serving the site are fully capable of handling the access needs of this proposal f. Screened outdoor storage will not create excessive requirements for public facilities and services and will not be detrimental to the economic welfare of the community Staff is not aware of any excessive requirements for public facilities The contracting business is a good auxiliary use within the development g Screened outdoor storage will not involve uses, activities,processes,materials, equipment and conditions of operation that will be detrimental to any persons,property or the general welfare because of excessive production of traffic, noise, smoke, fumes, glare, odors, rodents, or trash. This site will not create adverse impacts to persons, property or the general welfare of the area The screened outdoor storage will comply with city ordinances. h Screened outdoor storage will have vehicular approaches to the property which do not create traffic congestion or interfere with traffic or surrounding public thoroughfares. The site is accessible from a city street designed to commercial standards. i Screened outdoor storage will not result in the destruction, loss or damage of solar access, natural, scenic or historic features of mayor significance The development of this site will not result in the loss of any features of major significance 2 j Screened outdoor storage will be aesthetically compatible with the area The site contains an existing loading dock, which is partially screened by buildings, landscaping and elevation changes The proposed outdoor storage space will be fully screened by adding additional landscape screening k Screened outdoor storage will not depreciate surrounding property values The site is being used for a screened outdoor storage operation, which is consistent with its designation. It will not depreciate surrounding property values. 1 Screened outdoor storage will meet standards prescribed for certain uses as provided in this article. Sec. 20-308. Screened outdoor storage states The following applies to screened outdoor storage. (1) All outdoor storage must be completely screened with 100 percent opaque fence or landscaped screen The applicant intends to store construction materials within a screened loading dock area. Screening will be achieved via buildings, elevation changes, and landscaping 5 Site Plan Review In evaluating a site plan and building plan, the city shall consider the development's compliance with the following a Screened outdoor storage is consistent with the elements and objectives of the city's development guides, including the comprehensive plan, official road mapping, and other plans that may be adopted The proposed use is consistent with the City's Comprehensive Plan and all other plans The City approved a site plan permit with a conditional use permit for the site with a 15-foot variance from the 40-foot building setback requirement of the Bluff Creek Overlay district and for development within the Bluff Creek Overlay district primary zone to operate a contractor's yard The site has met all of the conditions of approval and now seeks to utilize a loading dock space for outdoor storage Outdoor storage is an allowed conditional use for a contractor's yards in the IOP District,the underlying district and is allowed within the PUD, as the use is approved in the site plan. b. Screened outdoor storage is consistent with this division 6 The screened outdoor storage meets the requirements specified under site plan review c Adding screened outdoor storage will preserve the site in its natural state to the extent practicable by minimizing tree and soil removal and designing grade changes to be in keeping with the general appearance of the neighboring developed or developing areas There will be no tree or soil removal or grade changes with the addition of the screen outdoor storage area d Screened outdoor storage will keep a harmonious relationship between the building and open space with natural site features and with existing and future buildings having a 3 visual relationship to the development Landscape screening will enhance the natural site features and will be consistent with the existing relationship between buildings and open space on the site. e. The addition of screened outdoor storage will maintain a functional and harmonious design for structures and site features, with special attention to the following. 1) An internal sense of order for the buildings and use on the site and provision of a desirable environment for occupants, visitors and general community The outdoor storage will be screened from public view and will not be seen by occupants, visitors or the general community in the area. 2) The amount and location of open space and landscaping. Open space will not be reduced by the addition of screened outdoor storage Landscaping will be increased to screen the outdoor storage 3) Materials, textures, colors and details of construction as an expression of the design concept and the compatibility of the same with adjacent and neighboring structures and uses The outdoor storage will be completely screened by landscaping, keeping with the design concept and compatibility with adjacent and neighboring structures and uses. 4) Vehicular and pedestrian circulation, including walkways, interior drives and parking in terms of location and number of access points to the public streets, width of interior drives and access points, general interior circulation, separation of pedestrian and vehicular traffic and arrangement and amount of parking. The outdoor storage will be located in the rear loading dock area and will not have any influence on vehicular or pedestrian circulation f Adding screened outdoor storage will not affect adjacent and neighboring properties through reasonable provision for surface water drainage, sound and sight buffers, preservation of views, light and air and those aspects of design not adequately covered by other regulations which may have substantial effects on neighboring land uses The outdoor storage will be completely screened from public view and the construction equipment permitted as a part of the approval process will not be erodible, thus mitigating potential negative externalities. g Within the HC districts, screened outdoor storage is consistent with the purpose, intent and standards of the HC districts The subject property is not within the HC district. h. Within the BCO district, screened outdoor storage is consistent with the purpose, intent and standards of the BCO district Screened outdoor storage will keep with the purpose, and intent and standards of the BCO district Based upon the foregoing findings, staff is recommending that the conditional use permit be restated and the site plan permit be amended to allow screened outdoor storage with appropriate conditions 4 6 The planning report#2015-11 dated May 19, 2015,prepared by Drew Ingvalson, et al, is incorporated herein. RECOMMENDATION The Planning Commission recommends that the City Council revise Conditional Use Permit#2001-02 and amend Site Plan Permit#2001-05 to allow screened outdoor storage in the Planned Unit Development District ADOPTED by the Chanhassen Planning Commission this 19t day of May, 2015 CHANHASSEN PLANNING COMMISSION BY Its Chairman ab1S—II COMMUNITY DEVELOPMENT DEPARTMENT 0 1-04)-N C-Urndt-0s s'"ic. Planning Division-7700 Market Boulevard CITY OF C}I14NI{ASSN Mailing Address-P 0 Box 147, Chanhassen, MN 55317 Phone (952)227-1300/Fax (952)227-1110 APPLICATION FOR DEVELOPMENT REVIEW Submittal Date 4-I-7^ (e PC Date S-19-I'5 CC Date ( 2^3'J5 60-Day Review Date La—I b—IS— Section 1: Application Type(check all that apply) (Refer to the appropriate Application Checklist for required submittal information that must accompany this application) ❑ Comprehensive Plan Amendment $600 ❑ Subdivision (SUB) ❑ Minor MUSA line for failing on-site sewers $100 ❑ Create 3 lots or less $300 ❑ Create over 3 lots $600 +$15 per lot ❑✓ Conditional Use Permit(CUP) ( lots) El Single-Family Residence $325 ❑ Metes & Bounds(2 lots) $300 ❑✓ All Others $425 ❑ Consolidate Lots $150 ❑ Interim Use Permit(IUP) 1:1Lot Line Adjustment $150 ❑ In conjunction with Single-Family Residence $325 ❑ Final Plat $700 (Includes $450 escrow for attorney costs)* $425 ❑ All Others *Additional escrow may be required for other applications ❑ Rezoning (REZ) through the development contract ❑ Planned Unit Development(PUD) $750 ❑ Vacation of Easements/Right-of-way(VAC) $300 ❑ Minor Amendment to existing PUD $100 (Additional recording fees may apply) ❑ All Others $500 ❑ Variance(VAR) $200 ❑ Sign Plan Review $150 ❑ Wetland Alteration Permit(WAP) ❑ Site Plan Review(SPR) ❑ Single-Family Residence $150 ❑ Administrative $100 ❑ All Others $275 ❑ Commercial/Industrial Districts* $500 Plus $10 per 1,000 square feet of building area ❑ Zoning Appeal $100 ( thousand square feet) ❑ Zoning Ordinance Amendment(ZOA) $500 Include number of existing employees *Include number of new employees ❑ Residential Districts . $500 NOTE When multiple applications are processed concurrently, Plus $5 per dwelling unit( units) the appropriate fee shall be charged for each application ❑✓ Notification Sign (City to install and remove) . . $200 ❑✓ Property Owners' List within 500' (City to generate after pre-application meeting) .. $3 per address ( 15 addresses) ❑✓ Escrow for Recording Documents (check all that apply) $50 per document ❑✓ Conditional Use Permit ❑ Interim Use Permit ❑ Site Plan Agreement ❑ Vacation ❑ Variance ❑ Wetland Alteration Permit ❑ Metes & Bounds Subdivision (3 docs ) ❑ Easements ( easements Pe C.K.4 5,4 C¢ TOTAL FEE: $720 00 Section 2: Required Information Description of Proposal Amend Conditional Use Permit to allow outside storage Property Address or Location 1850 Lake Drive West Parcel # 25-1640020 Legal Description Lot 2, Block 1, Chanhassen Business Center 3rd Addition Total Acreage 6 30 Wetlands Present? ❑ Yes I1 No Present Zoning Planned Unit Development (PUD) Requested Zoning Not Applicable Present Land Use Designation Office/Industrial Requested Land Use Designation Not Applicable Existing Use of Property Contractor's Yard - DayCo Concrete ❑ Check box is separate narrative is attached SCANNED Section 3: Property Owner and Applicant Information APPLICANT OTHER THAN PROPERTY OWNER: In signing this application, I, as applicant, represent to have obtained authorization from the property owner to file this application I agree to be bound by conditions of approval, subject only to the right to object at the hearings on the application or during the appeal period If this application has not been signed by the property owner, I have attached separate documentation of full legal capacity to file the application This application should be processed in my name and I am the party whom the City should contact regarding any matter pertaining to this application I will keep myself informed of the deadlines for submission of material and the progress of this application I further understand that additional fees may be charged for consulting fees, feasibility studies, etc with an estimate prior to any authorization to proceed with the study I certify that the information and exhibits submitted are true and correct Name Contact Address Phone City/State/Zip Cell Email Fax Signature Date PROPERTY OWNER In signing this application, I, as property owner, have full legal capacity to, and hereby do, authorize the filing of this application I understand that conditions of approval are binding and agree to be bound by those conditions, subject only to the right to object at the hearings or during the appeal periods I will keep myself informed of the deadlines for submission of material and the progress of this application I further understand that additional fees may be charged for consulting fees, feasibility studies, etc with an estimate prior to any authorization to proceed with the study I certify that the information and exhibits submitted are true and correct Name L� "---Y,u; uJ�o Contact Address -7 Phone Iu t 2 - 5 �- �`.� 7 C� City/State/Zip Cell Email ® c, iFax- €>'�� �5� , - . � Signature � w �. � ��� Date -k 7- IS This application must be completed in full and be typewritten or clearly printed and must be accompanied by all information and plans required by applicable City Ordinance provisions Before filing this application, refer to the appropriate Application Checklist and confer with the Planning Department to determine the specific ordinance and applicable procedural requirements A determination of completeness of the application shall be made within 15 business days of application submittal A written notice of application deficiencies shall be mailed to the applicant within 15 business days of application PROJECT ENGINEER(if applicable) Name Contact Address Phone City/State/Zip Cell Email Fax Section 4: Notification Information Who should receive copies of staff reports? *Other Contact Information [Property Owner Via 2-(mail ZMailed Paper Copy Name ❑ Applicant Via ❑ Email ❑ Mailed Paper Copy Address ❑ Engineer Via ❑ Email El Mailed Paper Copy City/State/Zip ❑ Other* Via ❑ Email ❑ Mailed Paper Copy Email SCANNED r 1 k e;osauum 'uasseyuey, €3 e a W sN u1Vnbav3H ODAVO ,m F ,.. i t JOJ ;�uipyns pasodoid a l g a s ° j J 1441-11Z t.l ii s liii hi as g ill 1 ggy a s g ,..2. , w 6 i;i oz• awR 1. it"1INF fees ® ® r Pi. Wi ® wass �;,mrtco s — �— i /--- — — ei a —b i — C . % -'104 ,a4N /_ • _ IN ' a J� ,t I A l zg I'b -I 5 \ a I w 0 ag t• I . o I - \ L____J 51 410 f♦ STLIC ..ona. L - a.a•,,kvtVuwacxvo a,Ya+w J 1850 Lake Drive West Outside storage possibilities Construction Equipment Scaffold plus braces plus planks plus brackets Trailers Rebar Mixers Pods Forklifts Cages with or without concrete blankets Concrete Forms Hoppers Road Barriers Man Cage it CHANHASSEN BUSINESS CENTER (PUD 91-4) DEVELOPMENT STANDARDS Adopted 2/8/93 Amended 8/10/09 a. Intent Amended 5/10/10 The purpose of this zone is to create a PUD light industrial/office park The use of the PUD zone is to allow for more flexible design standards while creating a higher quality and more sensitive proposal All utilities are required to be placed underground Each lot proposed for development shall proceed through site plan review based on the development standards outlined below Except as specifically provided herein, the subject property is subject to the requirements of the IOP, Industrial Office Park District, zoning district, and the City Code supplemental and off street parking requirements as may be amended. (8/10/09) b. Permitted Uses The permitted uses in this zone should be limited to light industrial, warehousing, and office as defined below The uses shall be limited to those as defined herein. If there is a question as to the whether or not a use meets the definition, the City Council shall make that interpretation 1 Light Industrial The manufacturing, compounding, processing, assembling, packaging, or testing of goods or equipment or research activities entirely within an enclosed structure, with no outside storage There shall be negligible impact upon the surrounding environment by noise,vibration, smoke,dust or pollutants 2 Warehousing Means the commercial storage of merchandise and personal property. 3. Office. Professional and business office, non-retail activity c. Setbacks In the PUD standards, there is the requirement for landscape buffering in addition to building and parking setbacks. The landscape buffer on Audubon Road is 50 feet, south of Lake Drive and 100 feet along the southern property line. The PUD zone requires a building to be setback 50 feet from the required landscape buffer and public right-of-ways There is no minimum requirement for setbacks on interior lot lines 1 The following setbacks shall apply. Building Parking Audubon Road Buffer& Setback 50'plus 50' 50'plus 10' South Property Line & Setback 100" plus 50' 100'plus 10' Front & Rear ROW on Lake Drive 25' 15' Interior Side Lot Line 10' 10' Railroad Right of Way 30' 30' Audubon Road north of Lake Drive 50' 20' d. Development Standards Tabulation Box Existing Developed Sites Block Lot# Lot Acres Bldg Sq Ft. Bldg Coverage Impervious 1 1 2 00 5,500 6.3% 45% (47 7% on 4/16/14) 2 1 10.00 22,000 5 1% 16% Subtotal 12 00 27,500 avg. 5.7% avg 30 5% Chanhassen Business Center 4th and 5th Additions (Outlot D) Lot # Lot Size - Acres Building Sq Ft Building Impervious Coverage Lot 1, Block 1, 2 66 57,000 29% 60% CBC 4th Lot 1, Block 1, 1 91 19,100 23% 55% CBC 5th Add Lot 2, Block 1, 2 93 24,900 20% 65% CBC 5th Add ' Subtotal 7.5 101,000 avg 27% avg 60% (8/10/09) 2 Third Addition(Outlot A) Lot# Lot Size-Acres Building Sq. Ft Building Impervious Coverage 1 5 95 30,000 12% 30% 2 6 13 36,000 13% 35% 3 6.14 69,000 26% 67% 4 5 47 75,000 31% 79% 5 5 39 75,000 31% 78% Road 2 82 Subtotal 31.90 283,000 avg 22 6 avg 58 5 Chanhassen Business Center Second Addition Lot# Lot Size-Acres Building Sq. Ft. Building Impervious Coverage 1 3.56 40,000 26% 67% 2 1 55 17,000 26% 65% 3 1 81 19,000 24% 63% 4 2 68 34,000 29% 76% 5 2 42 29,000 28% 72% 6 2.74 27,000 23% 59% 7 2.16 26,000 28% 72% Road 1.60 67% Subtotal 18 52 192,000 26% 68% TOTAL 93.02 603,500 23% 60% The average hard surface coverage does not include Outlot A The PUD standard for hard surface coverage is 70% for office and industrial uses. The proposed development meets this standard with an average of 62%hard surface coverage. 3 Building Square Footage Breakdown Office 20% 120,700 sq ft Manufacturing 25% 150,875 sq. ft Warehouse 54 09% 326,425 sq. ft. Church 0.91% 5,500 sq ft Total 100% 603,500 sq ft e. Building Materials and Design 1. The PUD requires that the development demonstrate a higher quality of architectural standards and site design All mechanical equipment shall be screened with material compatible to the building. 2. All materials shall be of high quality and durable Masonry material shall be used Color shall be introduced through colored block or panels and not painted block 3. Brick may be used and must be approved to assure uniformity 4 Block shall have a weathered face or be polished, fluted, or broken face 5 Concrete may be poured in place, tilt-up or pre-cast, and shall be finished in stone, textured or coated 6 Metal siding will not be approved except as support material to one of the above materials or curtain wall on office components or, as trim or as HVAC screen 7 All accessory structures shall be designed to be compatible with the primary structure 8 All roof mounted equipment shall be screened by walls of compatible appearing material Wood screen fences are prohibited All exterior process machinery, tanks, etc., are to be fully screened by compatible materials 9 The use of large unadorned,prestressed concrete panels and concrete block shall be prohibited. Acceptable materials will incorporate textured surfaces, exposed aggregate and/or other patterning All walls shall be given added architectural interest through building design or appropriate landscaping. 10. Space for recycling shall be provided in the interior of all principal structures for all developments in the Business Center 4 f. Site Landscaping and Screening 1. All buffer landscaping, including boulevard landscaping, included in Phase I area to be installed when the grading of the phase is completed This may well result in landscaping being required ahead of individual site plan approvals but we believe the buffer yard and plantings, in particular, need to be established immediately In addition, to adhere to the higher quality of development as spelled out in the PUD zone, all loading areas shall be screened Each lot for development shall submit a separate landscaping plan as a part of the site plan review process 2 All open spaces and non-parking lot surfaces shall be landscaped, rockscaped, or covered with plantings and/or lawn material 3 Storage of material outdoors is prohibited unless it has been approved under site plan review All approved outdoor storage must be screened with masonry fences and/or landscaping. 3 The master landscape plan for the CBC PUD shall be the design guide for all of the specific site landscape developments Each lot must present a landscape plan for approval with the site plan review process. 4. Undulating or angular berms 3' to 4' in height, south of Lake Drive along Audubon Road shall be sodded or seeded at the conclusion of Phase I grading and utility construction The required buffer landscaping may be installed incrementally, but it shall be required where it is deemed necessary to screen any proposed development All required boulevard landscaping shall be sodded 5 Loading areas shall be screened from public right-of-ways Wing wall may be required where deemed appropriate. g. Signage 1 All freestanding signs be limited to monument signs The sign shall not exceed eighty(80) square feet in sign display area nor be greater than eight(8) feet in height. The sign treatment is an element of the architecture and thus should reflect with the quality of the development The signs should be consistent in color, size, and material throughout the development The applicant should submit a sign package for staff review 2 Each property shall be allowed one monument sign located near the driveway into the private site All signs require a separate permit. 3. The signage will have consistency throughout the development. A common theme will be introduced at the development's entrance monument and will be used throughout 4 Consistency in signage shall relate to color, size, materials, and heights 5 h. Lighting 1 Lighting for the interior of the business center should be consistent throughout the development The applicant's proposal is consistent with the lighting standards for the PUD ordinance. The plans do not provide for street lighting As with previous industrial parks/roadways, the City has required the developer to install street lights throughout the street system The street lights should be designed consistent with the existing lighting along Audubon Road 2. A decorative, shoe box fixture(as specified by City Code)with a square ornamental pole shall be used throughout the development area for area lighting 3 Lighting equipment similar to what is mounted in the public street right-of-ways shall be used in the private areas. 4 All light fixtures shall be shielded Light level for site lighting shall be no more than 1/2 I candle at the property line This does not apply to street lighting ..-.-..m.-.. .........e N ,1,,t;!. - v-� _ 7 `, , lis;:- ..... ... ,4„c. �NNAsse,� BumNEs1% ' ir,.:RENTER i 1 i , .,./......„..‘ / ".SECS .,^:�( :;`," i' .ADDITION ,i ' tt 8g — ... ..... ..... --— �y `/ ♦ '�.�J._ i i Dune,14 i 1 I /! .�.. .-. .�... ,.` fe' \ ..,. CNANNAssEN D� BNSStEBS AA CB TER . • 4", .0,-.1,14 11�'1 !'r. • �S„� IDDM -1.7-6.,,,, I,} z-� , ny ,. \i l J " J / I I ' a.M,.s. A Third1 11/,,�. / 1 1j YVSrESSCD,IEx . y I _ /1 au � g"1; MITER Duna. noc.: //1/ s§j ( ( 4. B,Vt PECK(sults,.t AttRtq. kW MIT MARS tST AUDH I W G\PLAN\2009 Planning Cases\09-08 Chanhassen Business Centel PUD Amendment&Subdivision\CHANHASSEN BUSINESS CENTER DESIGN STANDARDS doe I 6 1 1 Document No. OFFICE OF THE REGISTRAR OF TITLES T133213 CARVER COUNTY,MINNESOTA III III 11 1 11 111 II Check# 10728 Fee $ 21 00 Cert,# 27472 Vol 84 Page 160 Certified and filed on 01-21-2003 at 09 30 111 AMO PM 2003-01-21 Carl W. Hanson, Jr Registrar of Titles CITY OF CHANHASSEN CARVER AND HENNEPIN COUNTIES CONDITIONAL.ITSF.PERMIT 420010. 1. Permit, Subject to the terms and conditions set forth herein, the City of Chanhassen hereby grants a conditional use permit for the following use DayCo Concrete Company, Inc to develop within the Bluff Creek Overlay Distnct with a 15 foot variance from the 40 foot building setback requirement of the Bluff Creek Overlay district and for development within the Bluff Creek Overlay distnct pnmary zone and to operate a contractor's yard. 2. Property, The permit is for the following described property("subject property")in the City of Chanhassen,Carver County,Minnesota Lot 2,Block 1,Chanhassen Business Center 3rd Addition 3. Cnnditinnc- The permit is issued subject to the following conditions. a. The developer shall enter into a site plan agreement for the property. b. No outside storage of matenal or equipment shall be permitted c. The boundaries of the Bluff Creek Overlay District primary and secondary corridors shall be shown on the grading plan d. The retaining wall must be located outside the Bluff Creek Overlay district primary zone 4 Termination of Permit. The City may revoke the permit following a public hearing foi violation of the terms of this permit. 5._ Lapse If within one year of the issuance of this permit the authorized construction has not been substantially completed or the use commenced, this permit shall lapse, unless an extension is granted in accordance with the Chanhassen Zomng Ordinance SCANNED Criminal Penalty. Violation of the terms of this conditional use permit is a criminal misdemeanor. Dated. August 13, 2001 CITY OF CHANHASSEN B Linda C Jansen, slyor By R� •- Todd Gerhardt,City Manager STATE OF MINNESOTA ) (ss COUNTY OF CARVER ) The foregoing instrument was acknowledged before me this day of `�!• , 2001, by Linda C Jansen, Mayor and Todd Gerhardt, City Manager, of the City of hanhassen, a Minnesota municipal corporation, on behalf of the corporation and pursuant to authority granted by its City Council A f ,otary hi* DRAFTED BY. City of Chanhassen dtAAAAAAIAltikAAAI Hz.. 690 City Center Drive �,y1 - s KAREN J ENGELHARDT Chanhassen,MN 55317Notary Public-Minnesota (952) 937-1900 " ^• �i-. , CITY OF CHANHASSEN SITE PLAN PERMIT 2001-5 SPECIAL PROVISIONS AGREEMENT dated May 24, 2002, by and between the CITY OF CHANHASSEN, a Minnesota municipal corporation, (the "City"), and DayCo Concrete Company, Inc. (the "Developer") 1 Request for Site Plan Approval. The Developer has asked the City to approve a site plan for a 25,139 sq ft office/warehouse building (Phase I) of a corporate headquarters site (referred to in this Permit as the "project") The land is legally described as Lot 2, Block 1, Chanhassen Business Center 3rd Addition. 2 Conditions of Site Plan Approval. The City hereby approves the site plan on condition that the Developer enters into this Permit and furnishes the security required by it 3. Development Plans. The project shall be developed and maintained in accordance with the following plans The plans shall not be attached to this Contract. If the plans vary from the written terms of this Permit, the written terms shall control The plans are. Plan A—Site Plan dated April 12,2002,prepared by Lampert Architects Plan B Grading, Drainage, and Utility Plan dated April 29, 2002, by prepared Weststwood 1 , C/.` 01°'. SCANNED Professional Services,Inc. Plan C—Landscaping Plan dated Apnl 29,2002,prepared by All Seasons Landscape 4 Time of Performance. The Developer shall install all required screening and landscaping by December 1, 2002. The Developer may, however, request an extension of time from the City If an extension is granted, it shall be conditioned upon updating the secunty posted by the Developer to reflect cost increases and the extended completion date 5. Security. To guarantee compliance with the terms of this Permit, the Developer shall furnish the City with a letter of credit from a bank, or cash escrow, in the amount of $5,000 00 ($2,500 - boulevard restoration and dnveway aprons and $2,500 - erosion control) If the Developer requests a Certificate of Occupancy prior to the installation of site landscaping, then the Developer shall provide to the city a letter of credit or cash escrow in an amount sufficient to ensure the installation of said landscaping 6 Notices. Required notices to the Developer shall be in wnting, and shall be either hand delivered to the Developer, its employees or agents, or mailed to the Developer by registered mail at the following address Mr David Brockpahler LDW Properties 1340 Park Road Chanhassen,MN 55317 Notices to the City shall be in writing and shall be either hand delivered to the City Manager, or mailed to the City by registered mail in care of the City Manager at the following address Chanhassen City Hall, 7700 Market Boulevard, P 0 Box 147, Chanhassen, Minnesota 55317, Telephone(952)227-1100 2 7. Other Special Conditions.Approved Site Plan#2001-5 as shown on the plans dated May 2, 2001 and subject to the following conditions. a. A separate sign permit application is required for the installation of signage Wall signage is permitted on only one elevation b. The retaining wall shall be located outside the Bluff Creek Overlay District Primary Zone c. A minimum 25 foot building setback shall be maintained from the Bluff Creek Overlay District Primary Zone d The applicant shall increase understory plantings along the north property line by 4 trees for a total of 20 and increase the number of understory plantings along the west property line by 1 tree for a total of 13 trees. e A revised landscape plan that meets minimum requirements be submitted to the city prior to building peiniit approval The applicant shall work with staff to increase plantings along the south property line. Transferring from the east and north is acceptable f If these landscape peninsulas are less than 10 feet in width,then aeration tubing shall be installed g All new landscaped areas shall have an irrigation system installed h The developer shall work with staff to provide additional articulation to the north half of the eastern building elevation Tall arborvitae or evergreen landscaping is an acceptable solution. The applicant shall provide storm water calculations to demonstrate that the existing pond has adequate capacity to accommodate storm water from this site J The developer shall revise the storm sewer design to tie into the existing storm manhole and pond inlet of the existing 48-inch storm sewer that runs along the eastern property line in order to minimize the number of pipes draining into the storm water pond. k Park fees in the amount of$18,926.00 shall be paid at the time of building permit approval I The applicant shall report to the City Engineer the location of any drain tiles found during construction and shall relocate or abandon the drain tile as directed by the City Engineer 3 m. The applicant shall provide detailed storm sewer sizing calculations for a 10-year, 24-hour storm event prior to building permit approval n. Silt fence adjacent to the existing pond and wetland on the north and west sides of the site must be Type 3 heavy-duty. o. Specify what kind of material is being used at the north and south parts of the proposed building. p. On the grading plan, add City Detail Plate Nos 5215 and 5302 Also, show the benchmark used for the site survey. q. Revise the rock construction entrance to be 75 feet in length as per City detail plate#5301 r. Add a 6-foot wide sidewalk along the west side of the drive entrance from the cul- de-sac Bituminous is acceptable until phase II is completed The applicant shall escrow funds to install a 6 foot sidewalk along the west side of the driveway entrance from the cul-de-sac to be built within two years s Show the most current version of City Detail Plate Nos 1004 and 5207 on the utility plan. t Remove the northerly 35 feet of the proposed retaining wall from the public drainage and utility easement. u Add straw bale inlet filters around the two existing catch basins in Lake Drive West v Utilize the existing 8-inch sanitary stub on the south side of the site w Temporary bituminous curb is acceptable for two years. The applicant shall escrow funds to install curb and gutter around the entire parking and drive area for the site within two years from the building permit approval x Replace the casting on the western-most catch basin in Lake Drive West with a drive-over type grate y Revise the plans to show the following a The existing pond along with the NWL and HWL. b Existing street light locations in Lake Drive West. z The building is required to have an automatic fire extinguishing system. aa The building plans must be prepared and signed by design professionals licensed 4 in the State of Minnesota. bb Three (3) accessible parking spaces are required for the 62 spaces provided. cc. Detailed occupancy retailed requirements will not be reviewed until complete plans are submitted dd Utility Plan• The HDPE pipe specified for the storm sewer requires an air test and must have watertight fittings. The sanitary sewer service into the building must be schedule 40 pipe ee The owner and or their representative shall meet with the Inspections Division as soon as possible to discuss plan review and permit procedures. ff The 6-inch water service coming into the building will need a post indicator valve 1999 NFPA 13 Section 5-14 1 1 8 gg In accordance with city policy please ensure that there is a 10-foot clear space around all fire hydrants, Siamese connection, post indicator valves, etc on site. 8. General Conditions. The general conditions of this Permit are attached as Exhibit "A" and incorporated herein CITY OF CHANHASSEN Lind C. Jansen ?yor (SEAL) f , AND �.u[l J , yl t �r Tedd Gerhardt,Acting City Manager DEVELOPER r� 1 B ?'0-<.. k,. ) • Its 5 STA'I'N OF MINNESOTA ) ( ss COUNTY OF CARVER ) The foregoing instrument was acknowledged before me this ay of , 2002, by Linda C Jansen,Mayor, and by Todd Gerhardt, City Manager, of the City of Chanhassen, a Minnesota municipal corporation, on behalf of the corporation and pursuant to the authonty granted by its City Council 4 • 41,----- 74Anaki,j,-- N4 A 'Y PUBLIC a„4AAAAAAAAAAAAAM.AAAA,> . 4;;. KAREN J ENGELHARDT •Y` ;- Notary Public-MInnesota akss;i STATE OF MINNESOTA ) My Commis ton Expire=s 1l31123O5., VYVVVVVVYVVVVYVVVV' (ss COUNTY OF(' (U e, ) The foregoing instrument was acknowledged before me this::=54`hday of6 ---) , 2002 by _ . _ ,, _-7 ' f 7f.'lr_/ 1-61 it CARLA MARIE BROCKPAHLER NOTARY PUBLIC • 'TO 1 NOTARY PUBLIC—MINNESOTA My Commission Expires 1 21 2005 [ rvvvwf YWVY r a DRAFTED BY City of Chanhassen 7700 Market Boulevard Chanhassen,MN 55317 (952)227-1100 6 CQNSRNT Owners of all of part of the subject property, the development of which is governed by the foregoing Site Plan Permit, affirm and consent to the provisions thereof and agree to be bound by the provisions as the same may apply to that portion of the subject property owned by them Dated this q . day ofl i , 2002 By d )) d / z(. / ( L C�97 q.ceid/' `./,,,,e'.6,0e.i j / , ik / 1'o7Zl(t...J STATE OF MINNESOTA ) (ss COUNTY OF(' ' '.ir,•,4) ) The foregoing instrument was acknowledged before me this ,--!Y"day of '" ' , 2002,by c_-_-;4—•-- /7:7 ���.. ;y ay7` 7.',- /",-.4',,f--,v1 (___`., , / .•-J ice,' �� -'-'4:4'.4 ^ :4' r of ::-:.CARLA MARIE BROCKPAHLER NOTARY PUBLIC 4 , NOTARY PUBLIC—MINNESOTA My Commission Expires 1 31 2005 r www.^.sww,vvw r wvv wwvvov a DRAFTED BY City of Chanhassen 7700 Market Boulevard Chanhassen,MN 55317 (952)227-1100 7 CITY OF CHANHASSEN SITE PLAN PERMIT EXHIBIT "A" GFNFR AL CONDTTION 1. Right to Proceed. Within the site plan area, the Developer may not grade or otherwise disturb the earth, remove trees, construct improvements, or any buildings until all the following conditions have been satisfied. 1) this agreement has been fully executed by both parties and filed with the City Clerk, 2) the necessary security and fees have been received by the City, and 3) the City has issued a building permit 2. Maintenance of site. The site shall be maintained in accordance with the approved site plan. Plants and ground cover required as a condition of site plan approval which die shall be promptly replaced 3 License. The Developer hereby grants the City, its agents, employees, officers and contractors a license to enter the plat to perform all work and inspections deemed appropriate by the City in conjunction with site plan development. 4 Erosion Control. Before the site is rough graded, and before any building permits are issued, the erosion control plan,Plan B, shall be implemented, inspected, and approved by the City. The City may impose additional erosion control requirements if they would be beneficial. All areas disturbed by the excavation and backfilling operations shall be reseeded forthwith after the completion of the work in that area Except as otherwise provided in the erosion control plan, seed 8 shall be certified seed to provide a temporary ground cover as rapidly as possible All seeded areas shall be fertilized, mulched, and disc anchored as necessary for seed retention. The parties recognize that time is of the essence in controlling erosion If the Developer does not comply with the erosion control plan and schedule or supplementary instructions received from the City,the City may take such action as it deems appropriate to control erosion at the Developer's expense The City will endeavor to notify the Developer in advance of any proposed action,but failure of the City to do so will not affect the Developer's and City's rights or obligations hereunder No development will be allowed and no building permits will be issued unless there is full compliance with the erosion control requirements Erosion control shall be maintained until vegetative cover has been restored. After the site has been stabilized to where, in the opinion of the City, there is no longer a need for erosion control,the City will authorize removal of the erosion control measures. 5 Clean up. The Developer shall maintain a neat and orderly work site and shall daily clean, on and off site, dirt and debris, including materials that have blown, from streets and the surrounding area that has resulted from construction work by the Developer,its agents or assigns. 6 Warranty. All trees, grass, and sod required in the approved Landscaping Plan, Plan C, shall be warranted to be alive, of good quality, and disease free at the time of planting All trees shall be warranted for twelve (12) months from the time of planting The Developer or his contractor(s) shall post a letter of credit from a bank or cash escrow with the City to secure the warranties at the time of final acceptance. 7 Responsibility for Costs. A The Developer shall hold the City and its officers and employees harmless from claims made by itself and third parties for damages sustained or costs incurred resulting from site plan approval and development The Developer shall indemnify 9 the City and its officers and employees for all costs, damages,or expenses which the City may pay or incur in consequence of such claims,including attorneys'fees B. The Developer shall reimburse the City for costs incurred in the enforcement of this Permit,icluding engineenng and attorneys'fees. C. The Develop shall pay in full all bills submitted to it by the City for obligations incurred under this Permit within thirty (30) days after receipt If the bills are not paid on time, the City may halt all plat development work and construction. Bills not paid within thirty(30) days shall accrue interest at the rate of 8%per year 8. Developer's Default. In the event of default by the Developer as to any of the work to be performed by it hereunder, the City may, at its option, perform the work and the Developer shall promptly reimburse the City for any expense incurred by the City, provided the Developer is first given notice of the work in default,not less than four (4)days in advance This Contract is a license for the City to act, and it shall not be necessary for the City to seek a Court order for permission to enter the land When the City does any such work, the City may, in addition to its other remedies, assess the cost in whole or in part 9 . Miscellaneous. A Construction Trailers Placement of on-site construction trailers and temporary job site offices shall be approved by the City Engineer Trailers shall be removed from the subject property within thirty (30) days following the issuance of a certificate of occupancy unless otherwise approved by the City Engineer. B Postal Service The Developer shall provide for the maintenance of postal service in accordance with the local Postmaster's request C. Third Parties Third parties shall have no recourse against the City under this Permit. 10 D Breach of Contract Breach of the terms of this Permit by the Developer shall be grounds for denial of building permits E. ,Severahility. If any portion, section, subsection, sentence, clause, paragraph, or phrase of this Permit is for any reason held invalid, such decision shall not affect the validity of the remaining portion of this Contract F Occupancy Unless approved in writing by the City Engineer, no one may occupy a building for which a building permit is issued on either a temporary or permanent basis until the streets needed for access have been paved with a bituminous surface and the utilities tested and approved by the city G Waivers/Amendments. The action or inaction of the City shall not constitute a waiver or amendment to the provisions of this Contract.To be binding, amendments or waivers shall be in writing, signed by the parties and approved by written resolution of the City Council The City's failure to promptly take legal action to enforce this Contract shall not be a waiver or release H Recording This Permit shall run with the land and may be recorded against the title to the property Remedies Each right, power or remedy herein conferred upon the City is cumulative and in addition to every other right, power or remedy, express or implied, now or hereafter arising, available to City, at law or in equity, or under any other agreement, and each and every nght, power and remedy herein set forth or otherwise so existing may be exercised from time to time as often and in such order as may be deemed expedient by the City and shall not be a waiver of the right to exercise at any time thereafter any other right,power or remedy 11 J. Construction Hours. The normal construction hours and maintenance of equipment under this contract shall be from 7:00 a.m. to 6 00 p m on weekdays, from 9 00 a.m to 5 00 p m on Saturdays, with no such activity allowed on Sundays or any recognized legal holidays. Operation of all internal combustion engines used for construction or dewatering purposes beyond the normal working hours will require City Council approval. K. Soil Treatment Systems. (Not applicable))f soil treatment systems are required,the Developer shall clearly identify in the field and protect from alteration, unless suitable alternative sites are first provided, the two soil treatment sites identified during the site plan process for each lot. This shall be done pnor to the issuance of a Grading Permit Any violation/disturbance of these sites shall render them as unacceptable and replacement sites will need to be located for each violated site in order to obtain a building permit L Compliance with Taws Ordinances, and Regulations In the development of the site plan the Developer shall comply with all laws, ordinances, and regulations of the following authorities• 1. City of Chanhassen, 2 State of Minnesota,its agencies,departments and commissions, 3 United States Army Corps of Engineers, 4 Watershed Distnct, 5 Metropolitan Government,its agencies, departments and commissions M. Proof of Title Upon request, the Developer shall furnish the City with evidence satisfactory to the City that it has the authonty of the fee owners and contract for 12 deed purchasers too enter into this Development Contract N Soil Conditions The Developer acknowledges that the City makes no representations or warranties as to the condition of the soils on the property or its fitness for construction of the improvements or any other purpose for which the Developer may make use of such property. The Developer further agrees that it will indemnify, defend, and hold harmless the City, its governing body members, officers, and employees from any claims or actions arising out of the presence, if any, of hazardous wastes or pollutants on the property, unless hazardous wastes or pollutants were caused to be there by the City. 0. Soil Correction The Developer shall be responsible for soil correction work on the property The City makes no representation to the Developer concerning the nature of suitability of soils nor the cost of correcting any unsuitable soil conditions which may exist 13 CITY OF CHANHASSEN AFFIDAVIT OF MAILING NOTICE STATE OF MINNESOTA) ) ss COUNTY OF CARVER ) I, Karen J Engelhardt, being first duly sworn, on oath deposes that she is and was on May 7, 2015, the duly qualified and acting Deputy Clerk of the City of Chanhassen, Minnesota, that on said date she caused to be mailed a copy of the attached notice of Public Hearing for Dayco Concrete CUP/SPA Amendments—Planning Case 2015-11 to the persons named on attached Exhibit "A", by enclosing a copy of said notice in an envelope addressed to such owner, and depositing the envelopes addressed to all such owners in the United States mail with postage fully prepaid thereon; that the names and addresses of such owners were those appearing as such by the records of the County Treasurer, Carver County, Minnesota, and by other appropriate records P Ilk xti Karn J En_elha dt, Deputy Clerk Subscribed and sworn to before me this day of (rcu,, , 2015 ubl11 L.07-4.4/.4-- Notary P , KIM T. 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