HomeMy WebLinkAbout9.a. Request by Jimnist, LLC, for approval of a Planned Unit Development Master Development Plan with Rezoning
EXECUTIVE SUMMARY
City Council Regular Meeting: March 21, 2023
AGENDA ITEM: Request by Jimnist, LLC, for approval of
a Planned Unit Development Master
Development Plan with Rezoning
AGENDA SECTION:
New Business
PREPARED BY: Anthony Nemcek, Senior Planner AGENDA NO. 9.a.
ATTACHMENTS: Ordinance; Resolution; PUD Agreement;
Excerpt from the December 19, 2022
Planning Commission Meeting Minutes;
Site Location; Land Use Map; Rezoning
Exhibit; Block Site Plan; Applicant’s
Narrative; Images
APPROVED BY: ELF
RECOMMENDED ACTION: Staff is recommending Council take the following actions:
1. Motion to adopt an Ordinance amending Ordinance B City of Rosemount Zoning
Ordinance rezone the site from AG-Agriculture to BP PUD-Business Park Planned
Unit Development.
2. Motion to adopt a resolution approving a PUD Master Development Plan for a
technology campus on 280 acres west of Blaine Avenue and south of County Road
42, subject to conditions.
3. Motion to approve the Planned Unit Development Agreement and authorize the
Mayor and City Clerk to enter into the agreement.
SUMMARY
The City Council is being asked to consider a request by Jimnist, LLC. for approval of a Planned Unit
Development Master Development Plan with rezoning. The applicant is in the process of developing the
site plan for a technology campus on approximately 280 acres of land owned by the University of
Minnesota in its UMore Park site. Development of the site will include the construction of two main
buildings along with additional ancillary buildings and support areas which will house office space, servers,
and support equipment in a campus setting of one-story buildings. Additional site improvements will
consist of parking lots, both temporary and permanent, an electrical substation, and security facilities such
as fencing and gatehouses.
Typically, a request such as this is reviewed alongside formal development plans and a subdivision request.
The applicant is requesting approval of a PUD Master Development Plan ahead of the submittal of formal
site plan and plat approval requests to help guide the site’s final design and alleviate any risk that their
plans might be denied, which would necessitate significant revisions. The proposed deviations from the
City Code contained within the PUD request have minimal impact on adjacent properties mainly due to
the size of the site and anticipated location of the site improvements in relation to the site’s boundaries. In
exchange for many of the deviations the applicant is proposing increased setbacks to ensure limited
impacts of the site’s development upon adjacent properties. It is important to note that before the
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applicant can begin development of the site, approval of a final site and building plan review will be
required. The Planning Commission and staff are recommending approval of the request, subject to
conditions listed in the recommended action section above.
Applicant: Jimnist, LLC.
Property Owner: University of Minnesota
Site Location: South of County Road 42 and West of Blaine Avenue
Site Area: Approximately 280 Acres
Land Use Des. Business Park
Current Zoning: AG-Agriculture
Proposed Zoning: BP PUD-Business Park Planned Unit Development
Surrounding Uses: East: Business Park
West: Public Institutional
North: Business Park
South: Agricultural Research
PLANNING COMMISSION ACTION
At its meeting on December 19, 2022 the Planning Commission held a public hearing to review the
applicant’s request and to receive public comment on the proposed Planned Unit Development. The
Commission expressed concern related to the lack of final site and building plans and making a
recommendation without them. The Commission sought clarification that the proposed deviations from
the code would become the standards for the site even if the applicant does not move forward with the
project. Staff noted that the PUD agreement would run with the land, but also that the underlying BP-
Business Park zoning district standards would still apply to aspects of the project that are not included in
the proposed deviations.
The Commission also asked about the gatehouses, being that they would be the most visible structures.
Staff noted the language in the proposed deviations from the code include descriptions of the architectural
appearance of the structures to which the structures would have to adhere. The Commission also asked
about additional landscaping that could be provided as a buffer. Staff noted that the applicant intends to
maintain as much of the existing vegetation on the site as possible, particularly in the areas closest to rights
of way, and the applicant’s representative stated that the landscaping on the site will exceed the
requirements of the City Code and reiterated that the natural features of the site will also provide visual
screening from adjacent rights of way.
Before acting on staff’s recommendation, the Commission reiterated their concern about approving a
Planned Unit Development Master Development Plan without a formal site plan review. Staff noted that
final site and building plan approval would be required prior to construction, at which time the
Commission would be able to review the final plans for the site.
The Planning Commission voted unanimously to recommend the City Council approve the request,
subject to conditions. A complete excerpt from the Planning Commission meeting minutes are included
in the attachments.
BACKGROUND
The site is located within of the University of Minnesota’s UMore Park. The present application is the
result of many years of planning for future land uses within the University of Minnesota UMore Park
(UMore) property in Rosemount. In 2013, the City adopted an Alternative Urban Areawide Review
(AUAR) for the entirety of the University’s 4,900 acres (approximately 3,000 of which are located within
the City of Rosemount). In 2018 the City Council adopted, and the Met Council approved, an amendment
to the City’s Comprehensive Land Use Plan that changed the land use designation of the subject property
and 160 acres immediately east of the site from AGR-Agricultural Research to BP-Business Park.
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The applicant is requesting deviations from the City Code related to fence height, exterior materials for
principal and accessory structures including substations, mechanical/outdoor equipment, and site
standards related to landscaping, parking and loading areas, and rooftop utilities. The applicant’s submittal
contains images of how the building exteriors and fencing will likely be designed as well as a block plan
showing a rough layout of the site. The applicant has also provided some renderings depicting the
visibility of the structures from public rights of way. One feature of the site the applicant finds attractive is
the mature stands of trees located along the perimeter of the site that the applicant intends to retain for
privacy and screening purposes. Based on the placement of many of the site components far from the
property boundaries and the minimal impact on adjacent parcels, staff is supportive of the requested code
deviations.
Legal Authority
Planned Unit Development Master Development Plan approvals are a legislative decision because of the
Code deviations being requested. Legislative decisions give the Planning Commission more latitude.
Overall, the PUD should demonstrate compliance with the purpose statement included in the zoning
ordinance, which describes the following objectives for a PUD:
1) Flexibility in land development and redevelopment in order to utilize new techniques of building
design, construction and land development.
2) Energy conservation through the use of more efficient building designs and sitings and the
clustering of buildings and land uses.
3) Preservation of desirable site characteristics and open space and protection of sensitive
environmental features, including, but not limited to, steep slopes, trees and poor soils.
4) More efficient and effective use of land, open space and public facilities through mixing of land
uses and assembly and development of land into larger parcels.
5) High quality of design and design compatible with surrounding land uses, including both existing
and planned.
6) Sensitive development in transitional areas located between different land uses and along
significant transportation or scenic corridors within the city.
7) Development that is consistent with the comprehensive plan.
PUD OVERVIEW
The applicant has applied for a Master PUD Development Plan, and the information submitted is
intended to comply with the City’s requirements for this stage of a PUD. More detailed plans will need to
be submitted as the applicant proceeds with final site development, but they must remain consistent with
the overall master plan’s provisions related to code deviations. In the future, the applicant will be
requesting approval of a preliminary and final plat to subdivide the site and allow for the dedication of
required rights of way and easements. The following sections of this report include a summary of the
PUD plans along with the staff review and analysis.
PUD Design
The subject property is approximately 280 acres in area and will be accessed via Audrey and Blaine
Avenues with an additional, temporary access from County Road 42. The southeast portion of the site will
contain an electrical substation owned by Xcel Energy that will serve this and other development in the
area. Structures to be constructed on the site include two main buildings and several support structures.
The buildings may house servers, offices, and other equipment while the mechanical systems will be
located within screened yards. The site will be surrounded by a security fence, and access points into the
site will feature gatehouses. The applicant’s provided block plan provides an idea of what the layout will
look like, but a formal site plan review will be required prior to any development of the site.
Planned Unit Development Master Development Plan with Rezoning
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The subject property is currently zoned AG – Agriculture, and in order to facilitate the future approval of
a plat and site plan, the applicant has requested zoning amendments in conjunction with the PUD
development plans consistent with the type of development proposed. All portions of the site are guided
for Business Park development in the 2040 Comprehensive Plan, and the BP-Business Park zoning
designation is consistent with that land use designation.
As allowed under the City’s PUD ordinance, the developer is requesting deviations from certain zoning
requirements to help guide the creation of final development plans. The deviations would allow for
flexibility in exterior building materials for structures greater than 300’ from public rights of way, a fence
height up to 14’, mechanical/outdoor equipment in excess of what is permitted by the City Code, and
flexibility in the treatment of parking and loading areas. The standards and requested deviations are listed
below with a brief review. In addition to these deviations, the Planned Unit Development will also
provide for more than one principal structure (as part of a single use) on a single parcel.
1. Section 11-4-15 Business Park District: A. Purpose and Intent: Substations are exempt from the design
regulations of the BP District.
Substations are considered essential service facilities and are therefore permitted in any zoning
district. Given the fact the location of the substation is not anticipated to be adjacent to any
residential, commercial, or public institutional uses, the proposed deviation will not result in any
impacts since the City Code only requires specific screening standards for substations adjacent to
those uses.
2. Section 11-4-15 Business Park District: C. Accessory Uses/Outdoor Structures
Section 3: The property may have outdoor mechanical and electrical equipment of size (not to
exceed the aggregate building footprint), number, volume, and location to sufficiently serve the
buildings and be in relational proximity to the buildings.
The maximum aggregate area of outdoor equipment is 5,000 square feet. This would remove that
limitation while requiring the yards containing that equipment to be located in proximity to the
buildings being served. The mechanical yards will contain things like air conditioning units,
generators, etc. The applicant indicates that the yards would be fenced and screened, and their
block plan shows the mechanical yards near the interior of the site, well away from public rights of
way.
Section 4: Private communication towers shall not exceed eighty feet (80’).
The Business Park zoning district standard for the maximum height of accessory structures is 60’.
The applicant is proposing a deviation that would accommodate communication towers up to 80’
in height. The towers will be monopole antennas.
Section 7: Outdoor structure and equipment is exempt from the site and building performance
standards in subsection G (Site and Building Standards) of this section and shall be made of
high-quality, long-lasting materials compatible with their function.
The proposed verbiage will alleviate the uncertainty contained in the current code language related
to the exemption of outdoor structures from site and building standards, which is as follows: The
City may exempt outdoor structure or equipment from the site and building performance standards in subsection G
of this section; however all such structures or equipment must be functional and shall be made of high quality long
lasting material compatible with both adjacent properties and other buildings in the BP District.
3. Section 11-4-15 Business Park District: F. Minimum Lot Requirements and Setbacks
Section 10: Increase the maximum building height from forty feet (40’) to fifty feet (50’) for
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Accessory Structures.
Because the structures will be located several hundred feet from any public rights of way, the
applicant is requesting flexibility with regards to building height as they develop their architectural
plans. The impact of such an increase on adjacent properties will be negligible.
4. Section 11-4-15 Business Park District: G. Site and Building Standards
Sections 1 (Architectural Appearance) and 2 (Building Massing) do not apply to buildings sited
greater than 300' from public right of way or to buildings sited less than 300' from the public
right of way and less than 1,000SF. Buildings within 300’ of the public right of way and under
1,000 SF will be a single-story building designed with quality, ballistic resistant materials
including steel, aluminum, and glazing. Exterior colors will be coordinated with the campus
palette.
The examples provided by the applicant of the proposed exterior materials indicate likely
compliance with the City Code. The applicant is requesting a waiver from requirements related to
articulation of facades and accentuation of entry features. This only applies to buildings at least
300’ from parcel boundaries except for structures under 1,000 square feet (gatehouses) which
would coordinate with the main campus buildings.
Section 3 (Permitted Materials) is amended to include composite metal panels as a Permitted
Material and clarify that cast in place and precast concrete panels shall include integral color.
The applicant has provided imagery of the proposed composite metal panels. These are consistent
with other recently approved projects. Additionally, the City Code allows for precast concrete
panels as a permitted material. This request is reflective of the applicant’s intent to eliminate any
uncertainty.
Section 6. Parking and Loading Areas: This section shall apply to parking areas within fifty feet
(50’), and to loading areas within 300’ of the public right of way or nonindustrial use or district.
This section of the Code requires a certain level of screening around parking lots and loading areas.
The minimum setback for parking and loading areas in the BP zoning district is 20’ in the front
and 10’ on the sides. Essentially the applicant is requesting a waiver from those standards in
exchange for an increase in setbacks for those uses.
Section 7. Landscaping: Rock, gravel, and/or mulch may be also be used as an accent material for
maintenance areas directly adjacent to a building, around utility access points (i.e. manholes,
control valves, and hand holes), or in mechanical areas.
The Code standard only allows rock or mulch to be used an accent around sod or other plantings.
This opens up the use of that material for the areas listed above.
Section 10. Rooftop Utilities: Provisions apply to buildings within three hundred feet (300’) of a
public right of way.
The exact language of the code is as follows: “The ground level view of all rooftop equipment,
including, but not limited to, rooftop structures related to elevators and other mechanical utilities,
shall be screened from public right-of-way and adjacent or nearby residential uses and districts.
Screening should be accomplished by incorporating architectural building design features such as a
parapet wall or sloping roof structures. Wood fencing shall not be permitted. If due to factors
unique to the property or the project, it is physically impossible or impractical to screen these
utilities, the City's Planning Commission may approve alternative solutions that render them
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aesthetically compatible with the building.” The proposed deviation would only apply that
standard to buildings within 300’ of a public right of way.
5. Section 11-5-2 Supplementary Regulations: C. Supplementary Yard Regulations Section 1.e and h.
Fences up to fourteen feet (14’) in height are permitted within the campus and substation, greater
than fifty feet (50’) from the public right of way.
The City Code allows fences up to 8’ in height in the business park zoning district. The applicant
is requesting that where fences are at least 50’ from the parcel boundaries that a maximum height
of 14’ be permitted. The applicant’s narrative indicates that in most places the height of the fence
will be between 10’ and 12’. Examples of the anticipated fence design have been provided by the
applicant and are included in the attachments.
RECOMMENDATION
The applicant is requesting approval of a master development plan to rezone the subject property from
AG to BP, consistent with the City’s Comprehensive Land Use Plan, and to receive approval of certain
deviations from the City Code contained in this report and within the applicant’s narrative. The proposed
deviations will have minimal impact on adjacent properties and uses due to the size of the site and the
anticipated location of the structures. Staff is recommending approval of the Planned Unit Development
Master Development Plan with rezoning, subject to the conditions listed in the recommended action.
Those conditions include approval of a final site and building plan and approval of a plat to subdivide the
site.
City of Rosemount
Ordinance No. B-XXX
AN ORDINANCE AMENDING ORDINANCE B
CITY OF ROSEMOUNT ZONING ORDINANCE
Jimnist LLC
THE CITY COUNCIL OF THE CITY OF ROSEMOUNT, MINNESOTA, ORDINANCE AS
FOLLOWS:
Section 1. Ordinance B, adopted September 19, 1989, entitled “City of Rosemount Zoning
Ordinance,” is hereby amended to change the zoning of approximately 280 acres west of Blaine
Avenue and South of 145th Street East from AG – Agricultural to BP PUD-Business Park Planned
Unit Development within the City of Rosemount legally described as follows:
The South one-half (S 1/2) of Section Twenty-six (26) in the Township One Hundred Fifteen (115)
North, Range Nineteen (19) West of the 5th Principal Meridian, EXCEPTING the Northerly 1,400
feet of the Westerly 730 feet of the Southwest one-quarter (SW 1/4) of Section 26, Township 115
North, Range 19 West;
Also EXCEPTING that part of the Southwest Quarter of Section 26, Township 115, Range 19,
Dakota County, Minnesota, described as follows:
Beginning at the southeast corner of the North 1052.00 feet of the West 730.00 feet of said
Southwest Quarter; thence North 00 degrees 30 minutes 08 seconds East, assumed bearing
along the east line of the West 730.00 feet of said Southwest Quarter, a distance of 915.02
feet to the south line of the North 137.00 feet of said Southwest Quarter; thence South 89
degrees 53 minutes 38 seconds East, along said south line of the North 137.00 feet, a
distance of 478.89 feet; thence South 01 degrees 28 minutes 55 seconds West a distance of
538.40 feet; thence southerly 141.25 feet, along a tangential curve, concave to the west,
having a central angle of 22 degrees 06 minutes 25 seconds and a radius of 366.07 feet;
thence southerly 99.48 feet, along a reverse curve, concave to the east, having a central angle
of 23 degrees 38 minutes 15 seconds and a radius of 241.12 feet; thence South 00 degrees 02
minutes 54 seconds East, tangent to last described curve, a distance of
142.94 feet to the south line of the North 1052.00 feet of said Southwest Quarter; thence
North 89 degrees 53 minutes 38 seconds West, along said south line of the North 1052.00
feet, a distance of 422.50 feet to the point of beginning.
Also EXCEPTING that part of the Southeast Quarter of Section 27, Township 115, Range 19 and
that port of the Southwest Quarter of Section 26, Township 115, Range 19, Dakota County,
Minnesota, described as follows:
Beginning at the southeast corner of the North 1400.00 feet of said Southeast Quarter,
thence North 89 degrees 42 minutes 19 seconds West, assumed bearing along the south line
of the North 1400.00 feet of said Southeast Quarter, a distance of 1148.47 feet; thence South
00 degrees 17 minutes 41 seconds West □ distance of 70.03 feet; thence southeasterly 179.57
feet, along a tangential curve, concave to the northeast, having a central angle of 45 degrees
43 minutes 41 seconds and a radius of 225.00 feet; thence South 45 degrees 26 minutes 00
seconds East, tangent to last described curve, a distance of 153.20 feet; thence southeasterly
172.53 feet, along a tangential curve, concave to the northeast, having a central angle of 43
degrees 56 minutes 05 seconds and a radius of 225.00 feet; thence South 89 degrees 22
minutes 05 seconds East, tangent to lost described curve, a distance of 507.80 feet; thence
South 45 degrees 28 minutes 31 seconds East a distance of 927.41 feet; thence easterly
175.03 feet, along a tangential curve, concave to the northeast, having a central angle of 44
degrees 34 minutes 13 seconds and a radius of 225.00 feet; thence North 89 degrees 57
minutes 16 seconds East, tangent to last described curve, a distance of 647.03 feet; thence
North 00 degrees 02 minutes 54 seconds West a distance of 505.00 feet; thence South 89
degrees 57 minutes 16 seconds West a distance of 501.50 feet; thence North 00 degrees 02
minutes 54 seconds West a distance of 170.00 feet; thence North 89 degrees 57 minutes 16
seconds East a distance of 298.50 feet; thence North 00 degrees 02 minutes 54 seconds West
a distance of 220.00 feet; thence North 89 degrees 57 minutes 16 seconds East a distance of
203.00 feet; thence North 00 degrees 02 minutes 54 seconds West a distance of 568.60 feet
to the south line of the North 1052.00 feet of said Southwest Quarter; thence North 89
degrees 53 minutes 38 seconds West, along said south line of the North 1052.00 feet, a
distance of 422.50 feet to the east line of the West 730.00 feet of said Southwest Quarter;
thence South 00 degrees 30 minutes 08 seconds West, along the said east line of the West
730.00 feet, a distance of 348.01 feet to the south line of the North 1400.00 feet of said
Southwest Quarter; thence North 89 degrees 53 minutes 32 seconds West, along said south
line of the North 1400.00 feet, a distance of 730.02 feet to the point of beginning.
Dakota County, Minnesota
Section 2. The Zoning Map of the City of Rosemount, referred to and described in said
Ordinance No. B as that certain map entitled “Zoning Map of the City of Rosemount,” shall not be
republished to show the aforesaid rezoning, but the Clerk shall appropriately mark the said zoning
map on file in the Clerk’s office for the purpose of indicating the rezoning hereinabove provided for
in this Ordinance and all of the notation references and other information shown thereon are hereby
incorporated by reference and made part of this Ordinance.
Section 3. This ordinance shall be effective immediately upon its passage and publication
according to law.
ENACTED AND ORDAINED into an Ordinance this 21st day of March 2023.
CITY OF ROSEMOUNT
Jeffery D. Weisensel, Mayor
ATTEST:
Erin Fasbender, City Clerk
CITY OF ROSEMOUNT
DAKOTA COUNTY, MINNESOTA
RESOLUTION 2023 -
A RESOLUTION APPROVING THE PLANNED UNIT DEVELOPMENT (PUD)
MASTER DEVELOPMENT PLAN WITH REZONING FOR PROJECT BIGFOOT
WHEREAS, the Community Development Department of the City of Rosemount received a
request for a Planned Unit Development Master Development Plan with Rezoning from Jimnist,
LLC., concerning property legally described as:
The South one-half (S 1/2) of Section Twenty-six (26) in the Township One Hundred Fifteen (115)
North, Range Nineteen (19) West of the 5th Principal Meridian, EXCEPTING the Northerly 1,400
feet of the Westerly 730 feet of the Southwest one-quarter (SW 1/4) of Section 26, Township 115
North, Range 19 West;
Also EXCEPTING that part of the Southwest Quarter of Section 26, Township 115, Range 19,
Dakota County, Minnesota, described as follows:
Beginning at the southeast corner of the North 1052.00 feet of the West 730.00 feet of said
Southwest Quarter; thence North 00 degrees 30 minutes 08 seconds East, assumed bearing
along the east line of the West 730.00 feet of said Southwest Quarter, a distance of 915.02 feet
to the south line of the North 137.00 feet of said Southwest Quarter; thence South 89 degrees
53 minutes 38 seconds East, along said south line of the North 137.00 feet, a distance of 478.89
feet; thence South 01 degrees 28 minutes 55 seconds West a distance of 538.40 feet; thence
southerly 141.25 feet, along a tangential curve, concave to the west, having a central angle of 22
degrees 06 minutes 25 seconds and a radius of 366.07 feet; thence southerly 99.48 feet, along a
reverse curve, concave to the east, having a central angle of 23 degrees 38 minutes 15 seconds
and a radius of 241.12 feet; thence South 00 degrees 02 minutes 54 seconds East, tangent to last
described curve, a distance of
142.94 feet to the south line of the North 1052.00 feet of said Southwest Quarter; thence North
89 degrees 53 minutes 38 seconds West, along said south line of the North 1052.00 feet, a
distance of 422.50 feet to the point of beginning.
Also EXCEPTING that part of the Southeast Quarter of Section 27, Township 115, Range 19 and that
port of the Southwest Quarter of Section 26, Township 115, Range 19, Dakota County, Minnesota,
described as follows:
Beginning at the southeast corner of the North 1400.00 feet of said Southeast Quarter, thence
North 89 degrees 42 minutes 19 seconds West, assumed bearing along the south line of the
North 1400.00 feet of said Southeast Quarter, a distance of 1148.47 feet; thence South 00
degrees 17 minutes 41 seconds West a distance of 70.03 feet; thence southeasterly 179.57 feet,
along a tangential curve, concave to the northeast, having a central angle of 45 degrees 43
minutes 41 seconds and a radius of 225.00 feet; thence South 45 degrees 26 minutes 00 seconds
East, tangent to last described curve, a distance of 153.20 feet; thence southeasterly 172.53 feet,
along a tangential curve, concave to the northeast, having a central angle of 43 degrees 56
minutes 05 seconds and a radius of 225.00 feet; thence South 89 degrees 22 minutes 05 seconds
East, tangent to lost described curve, a distance of 507.80 feet; thence South 45 degrees 28
minutes 31 seconds East a distance of 927.41 feet; thence easterly 175.03 feet, along a tangential
curve, concave to the northeast, having a central angle of 44 degrees 34 minutes 13 seconds and
a radius of 225.00 feet; thence North 89 degrees 57 minutes 16 seconds East, tangent to last
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described curve, a distance of 647.03 feet; thence North 00 degrees 02 minutes 54 seconds
West a distance of 505.00 feet; thence South 89 degrees 57 minutes 16 seconds West a distance
of 501.50 feet; thence North 00 degrees 02 minutes 54 seconds West a distance of 170.00 feet;
thence North 89 degrees 57 minutes 16 seconds East a distance of 298.50 feet; thence North 00
degrees 02 minutes 54 seconds West a distance of 220.00 feet; thence North 89 degrees 57
minutes 16 seconds East a distance of 203.00 feet; thence North 00 degrees 02 minutes 54
seconds West a distance of 568.60 feet to the south line of the North 1052.00 feet of said
Southwest Quarter; thence North 89 degrees 53 minutes 38 seconds West, along said south line
of the North 1052.00 feet, a distance of 422.50 feet to the east line of the West 730.00 feet of
said Southwest Quarter; thence South 00 degrees 30 minutes 08 seconds West, along the said
east line of the West 730.00 feet, a distance of 348.01 feet to the south line of the North
1400.00 feet of said Southwest Quarter; thence North 89 degrees 53 minutes 32 seconds West,
along said south line of the North 1400.00 feet, a distance of 730.02 feet to the point of
beginning.
Dakota County, Minnesota
WHEREAS, on December 19, 2022 the Planning Commission of the City of Rosemount held a
public hearing and reviewed the PUD Master Development Plan with Rezoning for Project Bigfoot;
and
WHEREAS, on December 19, 2022 the Planning Commission recommended approval of the PUD
Master Development Plan with Rezoning for Project Bigfoot, subject to conditions; and
WHEREAS, on March 21, 2023 the City Council of the City of Rosemount reviewed the Planning
Commission’s recommendations.
NOW, THEREFORE, BE IT RESOLVED, the Council of the City of Rosemount hereby
approves the Planned Unit Development (PUD) Master Development Plan of Project Bigfoot and
the Rezoning from AG – Agricultural to BP PUD – Business Park Planned Unit Development and,
subject to:
1.Execution of a PUD agreement.
2.The applicant shall receive approval of a preliminary and final plat.
3.Approval of a PUD final site and building plan is required prior to the development of
the subject parcel.
4.A deviation from Section 11-4-15 Business Park District: A. exempting substations from
the design regulations of the BP District.
5.A deviation from Section 11-4-15 Business Park District: C. 3. allowing outdoor and
mechanical equipment of size (not to exceed the aggregate building footprint), number,
volume, and location to sufficiently serve the buildings and be in relational proximity to
the buildings.
6.A deviation from Section 11-4-15 Business Park District: C. 4. increasing the maximum
height of accessory structures from sixty (60) feet to eighty (80) feet for communication
towers.
7.A deviation from Section 11-4-15 Business Park District: C. 7. to solidify an exemption
from the site and building performance standards in subsection G (Site and Building
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Standards) of this section and require exterior materials to be made of high-quality, long-
lasting materials compatible with their function.
8.A deviation from Section 11-4-15 Business Park District: G. 1 and 2. to waive the
architectural appearance and building massing standards from buildings sited greater
than 300' from public right of way or to buildings sited less than 300' from the public
right of way and less than 1,000SF. Buildings within 300’ of the public right of way and
under 1,000 SF will be a single-story building designed with quality, ballistic resistant
materials including steel, aluminum, and glazing. Exterior colors will be coordinated with
the campus palette.
9.A deviation from Section 11-4-15 Business Park District: G. 6. to apply the standards
only to parking areas within fifty (50) feet and to loading areas within three hundred
(300) feet of a public right of way or nonindustrial use or district.
10.A deviation from Section 11-4-15 Business Park District: G. 7. to allow rock, gravel,
and/or mulch to also be used as an accent material for maintenance areas directly
adjacent to a building, around utility access points (i.e. manholes, control valves, and
hand holes), or in mechanical areas.
11.A deviation from Section 11-4-15 Business Park District: G. 10. to apply the provisions
of this section only to buildings within three hundred (300) feet of a public right of way.
12.A deviation from Section 11-5-2 Supplementary Regulations: C. 1e. and h. to increase
the maximum height of fences located at least fifty (50) feet from a public right of way
from eight (8) feet to fourteen (14) feet.
ADOPTED this 21st day of March, 2023, by the City Council of the City of Rosemount.
__________________________________________
Jeffery D. Weisensel, Mayor
ATTEST:
___________________________________
Erin Fasbender, City Clerk
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DECLARATION OF COVENANTS
AND RESTRICTIONS
PROJECT BIGFOOT MASTER DEVELOPMENT PLAN
PLANNED UNIT DEVELOPMENT AGREEMENT
THIS DECLARATION made this ______ day of _________________, 2023, by Jimnist,
LLC (hereinafter referred to as the “Declarant”);
WHEREAS, Declarant is the owner of the real property as described on Attachment One,
attached hereto and hereby made a part hereof (hereinafter collectively referred to as the “Subject
Property”); and
WHEREAS, the Subject Property is subject to certain zoning and land use restrictions
imposed by the City of Rosemount (hereinafter referred to as the “City”) in connection with the
approval of an application for a master development plan planned unit development for development
on the Subject Property; and
WHEREAS, the City has approved such development on the basis of the determination by
the City Council of the City that such development is acceptable only by reason of the details of the
development proposed and the unique land use characteristics of the proposed use of the Subject
Property; and that but for the details of the development proposed and the unique land use
characteristics of such proposed use, the master development plan planned unit development would
not have been approved; and
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WHEREAS, as a condition of approval of the master development plan planned unit
development, the City has required the execution and filing of this Declaration of Covenants,
Conditions and Restrictions (hereinafter the “Declaration”); and
WHEREAS, to secure the benefits and advantages of approval of such planned unit
development, Declarant desires to subject the Subject Property to the terms hereof.
NOW, THEREFORE, the Declarant declares that the Subject Property is, and shall be, held,
transferred, sold, conveyed and occupied subject to the covenants, conditions, and restrictions,
hereinafter set forth.
1. The use and development of the Subject Property shall conform to the following
documents, plans and drawings:
a. City Resolution No. 2023-XX, Attachment Two
b. Site Plan, Attachment Three
All of which attachments are copies of original documents on file with the City and are made a part
hereof.
2. Development and maintenance of structures and uses on the Subject Property shall
conform to the following standards and requirements:
a. Maintenance of the stormwater basin, infiltration basin and associated
stormwater infrastructure necessary for the long term operation and function will be
performed by the City. All other maintenance including but not limited to garbage
collection, or landscape replacement or the like shall be the responsibility of the of the
private property owners. All maintenance of the stormwater basin and infiltration basin
shall be the responsibility of the City after the basins have been established.
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b. Maintenance and replacement of trees and landscaping other than that
associated with the stormwater basin and infiltration basin described in standard a. shall be
the responsibility of the property owner.
3. The Subject Property may only be developed and used in accordance with Paragraphs
1 and 2 of this Declaration unless the owner first secures approval by the City Council of an
amendment to the planned unit development plan or a rezoning to a zoning classification that permits
such other development and use.
4. In connection with the approval of development of the Subject Property, the following
deviations from City Zoning or Subdivision Code provisions were approved:
a. Section 11-4-15 Business Park District: A. Substations shall be exempt from
the design regulations of the BP District.
b. Section 11-4-15 Business Park District: C. 4. The maximum height of
accessory structures shall be eighty (80) feet for communication towers.
c. Section 11-4-15 Business Park District: C. 3. Outdoor and mechanical
equipment of size (not to exceed the aggregate building footprint), number, volume, and location
to sufficiently serve the buildings and be in relational proximity to the buildings shall be allowed.
d. Section 11-4-15 Business Park District: C. 7. Site development shall be exempt
from the site and building performance standards in subsection G (Site and Building Standards)
of this section and building exteriors shall be made of high-quality, long-lasting materials
compatible with their function.
e. Section 11-4-15 Business Park District: G. 1 and 2. The architectural
appearance and building massing standards for buildings sited greater than 300' from public right
of way or for buildings sited less than 300' from the public right of way and less than 1,000SF
shall be waived. Buildings within 300’ of the public right of way and under 1,000 SF shall be
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single-story buildings designed with quality, ballistic resistant materials including steel, aluminum,
and glazing. Exterior colors will be coordinated with the campus palette.
f. Section 11-4-15 Business Park District: G. 6. The standards shall apply only to
parking areas within fifty (50) feet and to loading areas within three hundred (300) feet of a public
right of way or nonindustrial use or district.
g. Section 11-4-15 Business Park District: G. 7. Rock, gravel, and/or mulch
may be used as an accent material for maintenance areas directly adjacent to a building, around
utility access points (i.e. manholes, control valves, and hand holes), or in mechanical areas.
h. Section 11-4-15 Business Park District: G. 10. The provisions of this section
apply only to buildings within three hundred (300) feet of a public right of way.
i. Section 11-5-2 Supplementary Regulations: C. 1e. and h. The maximum
height of fences located at least fifty (50) feet from a public right of way shall be fourteen (14)
feet.
In all other respects the use and development of the Subject Property shall conform to the
requirements of the Paragraphs 1 and 2 of this Declaration and the City Code of Ordinances.
5. This Declaration of Covenants and Restrictions provides only the Subject Property
only master development plan planned unit development approval. Prior to the improvement or
development of the Subject Property, beyond the rough grading, a final development plan planned
unit development approval pursuant to Zoning Code Section 11-10-6 C. 5. of the Subject Property is
required and an addendum filed with County Recorder to this Declaration of Covenants and
Restrictions.
6. The obligations and restrictions of this Declaration run with the land of the Subject
Property and shall be enforceable against the Declarant, its successors and assigns, by the City of
Rosemount acting through its City Council. This Declaration may be amended from time to time by
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a written amendment executed by the City and the owner or owners of the lot or lots to be affected by
said amendment.
IN WITNESS WHEREOF, the undersigned as duly authorized agents, officers or representatives of
Declarant have hereunto set their hands and seals as of the day and year first above written.
DECLARANT
Jimnist, LLC.
By
Its
STATE OF MINNESOTA )
) ss.
COUNTY OF __________ )
The foregoing instrument was acknowledged before me this ___ day of _________, 2020,
by _____________________, the _________________, for and on behalf of
_________________________, a ____________________, by and on behalf of said
_______________________.
_______________________________
Notary Public
THIS INSTRUMENT WAS DRAFTED BY:
CITY OF ROSEMOUNT
2875 145TH STREET WEST
6
ROSEMOUNT, MN 55068
651-423-4411
EXCERPT FROM THE DECEMBER 19, 2022 PLANNING COMMISSION MEETING MINUTES
6g. Jimnist PUD Master Development Plan
Senior Planner Nemcek gave a presentation and summary of the staff report for the Planning Commission. The Planning
Commission is being asked to consider a request by Jimnist to approve a PUD Master Development Plan with rezoning
and code deviations of the site from AG-Agriculture to BP PUD-Business Park Planned Unit Development for a
technology campus on 280 acres. The location of this property is within the UMore property, west of Blaine Avenue and
south of County Road 42.
Commissioner comments:
Chair Kenninger asked about and shared concern for the requested deviations near the public right of way and County
Road 42. Senior Planner Nemcek noted that the risk that the applicant would build near the public right of way and
County Road 42 is relatively low. Chair Kenninger asked whether the deviations in the code, as requested by the
applicant, would become precedent on the parcel of land even in the event that the proposed user were to vacate the
property. Senior Planner Nemcek clarified that the proposed deviations would become precedent for the site.
Community Development Director Kienberger added that even if the proposed deviations were to be approved, the
existing (BP) Business Park requirements for any and all improvements to the site would still be in effect, limiting any
future business from being able to build near the public right of way.
Chair Kenninger inquired about the architectural appearance of the proposed gate houses and their proximity to the
right of way. Chair Kenninger noted that as the gate houses would be the most visible to the public, the gate houses
should look presentable. Senior Planner Nemcek noted that the language in the proposed deviations to the code
indicates the description of the architectural appearance of the proposed gate houses including the quality and
appearance of materials.
Commissioner Reed asked about additional landscaping to provide a greater buffer between the proposed use and the
right of way. Senior Planner Nemcek deferred to the applicant. However, he noted that the applicant is interested in
preserving many of the trees currently located on the property as reflected of their desire to have a private site, and to
provide additional landscaping that furthers that goal.
Commissioner Rivera asked if the proposed technology campus would be used by the University of Minnesota. Senior
Planner Nemcek noted that the use was not intended for the University of Minnesota, the University would be selling
the property to the applicant. Commissioner Rivera also asked whether the technology campus would serve the
Rosemount community or the greater Twin Cities community. Senior Planner Nemcek deferred to the applicant to
answer Commissioner Riveras’ questions.
Commissioner Hebert requested information on the site plan regarding the plan for future development near the
southern-most boarder along East 142nd Street. Senior Planner Nemcek noted that future development on the property
would need to comply with the current land use plan as well as the AUAR for the UMore property. Commissioner
Hebert inquired what the land use south and east of the property was guided as. Senior Planner Nemcek confirmed that
the land south and east of the property was guided as BP Business Park. Community Development Director Kienberger,
noted that the roads currently located within the UMore Park are private roads belonging to the University of
Minnesota.
Chair Kenninger asked what the setback would be if another user were to come in to the property south of the proposed
site. Planner Nemcek noted that the setback was 300ft indicating a significant buffer.
Commissioner Thiagarajan asked if there was any plan to add landscaping between the fencing and the property line and
the right of way. Senior Planner Nemcek noted that there is interest in incorporating landscaping along the fence line.
Chair Kenninger noted her concern for building and entrance architectural appearance.
Commissioner Powell noted his concern for granting approval without reviewing a site plan and the high level of
flexibility in this project. He asked if staff could recall any proposals with a similar level of flexibility. Senior Planner
Nemcek noted that there have not been many projects like this in the past.
The public hearing opened at 7:44 pm.
Public Comments:
Trish C. from Kimley Horn.
767 Eustis Street, St. Paul, Minnesota
Trish is speaking on behalf of the project team. She noted the landscaping along County Road 42 will meet or exceed the
code by providing extensive screening. She noted that landscaping on the property will include existing and proposed
trees, as well as a natural, wetland to buffer the proposed use and public right of way.
Trish also noted that she cannot disclose who the technology campus will serve as the applicant is still confidential,
however, she indicated that it will not serve the University of Minnesota or its network.
She also addressed the order of approvals as brought up by Commissioner Powell. Trish indicated that the project team
had significant interest in knowing what is permissible on site prior to creating a site plan as the proposed project is very
extensive in terms of acreage, time, and monetarily.
Lastly, she commented on the building architecture as brought up by Chair Kenninger. Trish mentioned that the user
has a high degree of architecture standards.
MOTION by Kenninger to close the public hearing.
Second by Reed.
Ayes: 6. Nays: 0. Motion Passes.
The public hearing closed at 7:50 pm.
Additional Comments:
Chair Kenninger mentioned that she shared the same concerns as Commissioner Powell regarding the number of
deviations requested by the applicant. However, she noted that the project would be a great addition to the community.
Commissioner Powell noted his concern again for the number of requested deviations and the risk involved.
Commissioner Reed concurs with the comments made, noting that he hopes the City does not make a habit of
proposing projects without reviewing a site plan.
Commissioner Rivera echoed the comments made indicating her concern.
MOTION by Reed to recommend the City Council to approve the PUD Master Development Plan with
rezoning of the site from AG-Agriculture to BP PUD-Business Park Planned Unit Development for a
technology campus on 280 acres west of Blaine Avenue and south of County Road 42.
Second by Hebert.
Ayes: 6. Nays: 0. Motion Passes.
kimley-horn.com 767 Eustis Street, Suite 100, St. Paul, MN 55114 651 645 4197
November 21, 2022
Anthony Nemcek
Senior Planner
City of Rosemount
2875 145th Street
Rosemount, MN 55068
Dear Mr. Nemcek,
Kimley-Horn, on behalf of Jimnist LLC is submitting an application for a Planned Unit Development (PUD)
Review for a proposed ±280-acre development site, dubbed “Project Bigfoot” in the southwest quadrant of
County Road 42 and Blaine Avenue within UMore Park. The Future Land Use of the property is designated
as Business Park.
Proposed Project:
Project Bigfoot is a technology campus for a confidential user. This technology campus will be comprised
of a couple main function buildings and additional ancillary buildings and support areas. The uses may
include office space, servers, and support equipment in a campus setting of complimentary one-story
buildings. It does not include distribution or production. The technology-based use generates proportionally
low traffic volumes and low impact to city services such as schools and public safety burden.
As part of UMore Park, the Project Bigfoot team is working with the University of Minnesota. Construction
commencement is planned for summer of 2023. Construction duration for the high-technology nature of
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the facilities extends several years and to update technology, continual retrofits and improvements are
invested in on the site and buildings.
The proposed technology campus of Project Bigfoot fits within the character of a Business Park and is
consistent with the Rosemount 2040 Comprehensive Plan, particularly regarding:
· Creating a Diversified Economy
· Expanding Opportunities for jobs for Rosemount residents
· Encouraging redevelopment of underdeveloped property in UMore Park
·Promoting sustainable development and resource conservation
Intent of PUD Application:
This PUD request is coming to you before the Rezoning, Site Plan and Plat applications. The intent of that
is to inform the Site Plan and design for the campus. It appears many of the code provisions are written in
spirit of traditionally sized lots in which buildings are sited closer to the street, and not in a large campus
setting. Therefore, understanding and agreement on allowable code ‘deviations’ (in exchange for project
benefits) upfront, will help guide the design and investment of this project such that a full Site Plan submittal
can be designed and submitted, which is currently planned for in Q1 of 2023. The PUD may be conditioned
on the approval of the Rezoning, Site Plan and Plat approvals.
Planned Unit Development Request:
A Planned Unit Development is intended to provide flexibility in development in order to utilize new
techniques of land development, provide energy conservation through use of more efficient building and
site design, attain Comprehensive Plan goals, all with high-quality design that is compatible to surrounding
land uses.
The proposed technology campus use would stay consistent with the Business Park designation and intent,
and offers the following benefits:
· Site Programming:
o High-tech campus bringing highly skilled, high-paying jobs to the area
o Office space will be approximately 40,000 SF and feature open and closed office space,
conference rooms, a café/dining area and amenities
· Site Design Characteristics:
o Wetland preservation
o Enhanced landscaping while protecting and maintaining many of the existing trees onsite
o Generous setbacks and green space; main buildings will be hundreds of feet setback from
the right of way, with wetlands and much of the existing tree lines remaining
o Surface stormwater features to treat and attenuate runoff
· Regional Benefits:
o The project power demands will be supported with 100% clean and renewable energy
offset
o Project Bigfoot will partner with the City to identify and execute on Water Restoration
projects
o Improvement of the adjacent roads and utility infrastructure
§ While the use generates relatively low traffic volumes, significant improvements
on CSAH 42, Blaine Avenue and Audrey Avenue will be constructed to mitigate
changes in traffic patterns
o Significant financial investment, yielding a substantial increase to the tax base and
spurring economic development in the area
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Attaining the above City goals and project benefits on a large-scale site requires efficiency in site planning
and the following deviations from the City Zoning Code, assuming Business Park zoning district:
Xcel and private substations are proposed in the southeast corner of the site to support the
high-technology use of the campus. Zoning Regulation deviation:
a. Section 11-4-15 Business Park District: A. Purpose and Intent: Substations are exempt from
the design regulations of the BP District.
In line with PUD goals of providing energy conservation with the high-technology use,
support equipment will be necessary. Mechanical and electrical equipment will be housed
in mechanical yards that are fenced and screened. A few private communication towers will
also support the site operations. The mechanical yards and communication towers are
represented on the attached block plan and site perspective drawings. Zoning Regulation
deviations are:
Section 11-4-15 Business Park District: C. Accessory Uses/Outdoor Structures
b.Section 3:The property may have outdoor mechanical and electrical equipment of size (not to
exceed the aggregate building footprint), number, volume, and location to sufficiently serve the
buildings and be in relational proximity to the buildings.
c.Section 4:Private communication towers shall not exceed eighty feet (80’).
d.Section 7:Outdoor structure and equipment is exempt from the site and building performance
standards in subsection G (Site and Building Standards) of this section and shall be made of
high-quality, long-lasting materials compatible with their function.
The various campus buildings will be constructed of high-quality materials and finishes,
with complementary architecture within the campus to make this a first-in-class business
park atmosphere. With the main buildings sited hundreds of feet away from the public right
of way, some architectural features or articulations will not be identifiable from the public
right of way and the intent of the code is not appliable due to the physical separation of the
functions. And therefore, the following Zoning Regulation deviations are requested:
Section 11-4-15 Business Park District: F. Minimum Lot Requirements and Setbacks
e.Section 10:Increase the maximum building height from forty feet (40’) to fifty feet (50’) for
Accessory Structures.
Section 11-4-15 Business Park District: G. Site and Building Standards
f.Sections 1 (Architectural Appearance) and 2 (Building Massing)do not apply to buildings
sited greater than 300' from public right of way or to buildings sited less than 300' from the
public right of way and less than 1,000SF. Buildings within 300’ of the public right of way and
under 1,000 SF will be a single-story building designed with quality, ballistic resistant materials
including steel, aluminum, and glazing. Exterior colors will be coordinated with the campus
palette.
g.Section 3 (Permitted Materials) is amended to include composite metal panels (representative
photo shown below)as a Permitted Material and clarify that cast in place and precast concrete
panels shall include integral color.
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h.Section 6. Parking and Loading Areas: This section shall apply to parking areas within fifty
feet (50’), and to loading areas within 300’ of the public right of way or nonindustrial use or
district.
i.Section 7. Landscaping: Rock, gravel, and/or mulch may be also be used as an accent
material for maintenance areas directly adjacent to a building, around utility access points (i.e.
manholes, control valves, and hand holes), or in mechanical areas.
j.Section 10. Rooftop Utilities:Provisions apply to buildings within three hundred feet (300’) of
a public right of way.
The campus will be private, surrounded by a secure high-quality fence. The fence varies in
height and is most typically 10 to 12 feet in height, but may exceed that in some instances
with grade variations. Therefore, the following Zoning Regulation deviation is requested:
k.Section 11-5-2 Supplementary Regulations: C. Supplementary Yard Regulations
Section 1.e and h.Fences up to fourteen feet (14’) in height are permitted within the campus
and substation, greater than fifty feet (50’) from the public right of way.
(Representative fence images are shown below)
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A block plan and site perspective drawings are included with this application. Please note that the
perspective drawings are intended to provide a visual for building and equipment massing only. Actual
landscape and building architectural design will be developed, which will ultimately enhance the campus
development. More detail will be forthcoming with a future Rezoning, Site Plan review, and Plat entitlement
request.
We respectfully request that the PUD be presented at the next available Planning Commission meeting for
consideration. If you have any questions or concerns, please contact me at (651) 643-0470.
Sincerely,
Trisha D. Sieh, P.E.
Vice President
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1BLOCK PLAN SDS Rev #2022.11.09BIGFOOTROSEMOUNT, MN
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