HomeMy WebLinkAboutResolution 6536 - Not Fully ExecutedtLA T " OF U. JO— 1 r.,
RESOLUTION OF THE CITY COUNCIL
No, 6536
A RESOLUTION
GRANTING PRELIMINARY PLAT APPROVAL
FOR A CLASS III SUBDIVISION OF PROPERTY
LOCATED AT 200-350 STUBBS BAY ROAD NORTH
- FILE NO. I5-3763
WHEREAS, Christopher J. Bollis and Gail M. Bollis are the owners of the
property located at 200 Stubbs Bay Road North (PINS 32-118-23-42-0003); and Christopher W.
Bollis and Rachel A. Bollis are the owners of the property located at 350 Stubbs Bay Road North
(PINS 32-118-23-42-0006); both properties situated in the City of Orono, Minnesota and legally
described as follows:
See EXHIBIT A, attached (hereinafter collectively the Property); and
WHEREAS, on June 26, 2015, Christopher W. Bollis (hereinafter the
"Developer") filed a complete subdivision application with the City for preliminary approval of a
7 -lot residential plat of the Property; and
WHEREAS, after due published and mailed notice in accordance with Minnesota
Statutes 462.358 et. seq. and the City of Orono's Zoning and Subdivision Codes, the Orono
Planning Commission held a public hearing on July 20, 2015, at which time all persons desiring
to be heard concerning this application were given the opportunity to speak thereon; and
WHEREAS, on July 20, 2015 the Planning Commission reviewed the application
and recommended on a vote of 5 — 0 that the Council grant preliminary plat approval for the
proposal subject to conditions regarding the road design and that the proposed development enter
into a cost share agreement with the HOA for Kintyre Two; and
WHEREAS, the City Council reviewed the proposal at a regular meeting held on
August 10, 2015, and on a vote of 5-0 directed staff to draft a resolution containing findings and
conditions for approval of the application. The Council hereby makes the following findings
with regards to this application:
FINDINGS
This application was reviewed as Zoning File #15-3763.
Page 1 of 11
CITY OF ORONO
RESOLUTION OF THE CITY COUNCIL
NO. 65536
2. The property is zoned XR-113 Single Family Rural Residential District, which
requires a minimum lot area of 2.0 acres and minimum lot width of 200'.
3. The Property is 30.68 acres in total area of which 6.61 acres is wetland and 24.07
acres is non -wetland area.
4. The Property is guided in the 2008-2030 Orono Community Management Plan
(CMP) for single family residential use at a density of 1 unit per 2 acres. The
proposed layout contains 7 lots on 14.9 non -wetland acres, for an average lot size
of 2.13 acres.
5. The proposed Lots and Road are characterized as follows:
Proposed Lot Areas
Wetland
(acres)
Ponding
(acres)
Total Dry
(acres)
Total Wet +
Dry + Pond
acres
Lot Width*
(feet)
Lot 1
0.00
0.00
2.18
2.18
210+
Lot 2
0.20
0.18
2.00
2.38
200+
Lot 3
0.16
0.14
2.00
2.30
200+
Lot 4
1.30
0.00
2.01
3.31
Ile +
Lot 5
3.87
0.00
2.71
6.58
+
Lot 6
0.56
0.00
2.00
2.56
1"±__
Lot 7
0.44
0.00
2.00
2.44
Outlot A (Undeveloped)
0.08
0.00
7.61
7.69
_265+
--
Outlot B(Private Road
0.00
0.00
0.85
0.85
--
Stubbs Bay Rd R -O -W
0.00
0.00
0.39
0.39
--
TOTALS1
6.61
0.32 1
23.75
30.68
--
*Lot width measured at 50' front setback line. Shading
denotes lot width variance required.
6. The portion of the Property to be developed for new single-family lots is
somewhat remote from surrounding public roads. The Property slopes downward
generally from a high point at the southwest to a large wetland complex to the
northeast and east. A smaller wetland to the northwest also impacts development
of the site. The portion of the Property encompassed by the wetland to the east is
within the Shoreland Overlay District, while the uplands are outside that District.
The area being developed is for the most part open field, with areas abutting the
wetlands being wooded. Outlot A, which is an 8 -acre portion of the property not
proposed for development at this time, is mostly wooded.
Page 2 of 11
CITY OF OR.+ONO
RESOLUTION OF THE CITY COUNCIL
NO. 6536
7. The proposed plat includes seven lots for single family home development. All
seven lots will be served by individual driveways onto a private road extending
northward from Kintyre Lane, which is also a private road. The total number of
dwelling units to be served by Kintyre Lane upon completion of the extension is
thirteen. The City's standard for minimum paved width for a road serving more
than 7 units is 28' via a rural section (shoulders and ditches) except where curbing
is necessary to manage stormwater. The proposed paved street width for the
extension is 30' measured from back of curb to back of curb, using surmountable
swale curbing. Use of a rural section will be considered for those sections of the
road where shoulders and ditches would be feasible. The proposed 50' outlot
corridor and proposed 100' diameter cul-de-sac (80' paved) meet City standards.
8. The City's standard maximum length of a cul-de-sac road is 1000 feet and limited
to 10 dwelling units. The proposed road extension of approximately 700 feet past
the current terminus of Kintyre Lane results in a final combined road length of
approximately 1550 feet, serving a total of 13 dwellings. The City Council upon
review of the proposed development finds that a variance to the road length is
acceptable based on similar private road lengths occurring in the City and based
on the Fire Chief's expectation that all new homes in the development will meet
the threshold size to be required to install fire suppression sprinkler systems.
9. The City Council finds that there is no need to establish a corridor for possible
future development of a "through road" connecting Kintyre Lane to Stubbs Bay
Road, but notes that could be feasible if Outlot A is further developed in the
future.
10. The proposed road design extends from the existing cul-de-sac located within the
Plat of Kintyre Two. That existing cul-de-sac is not proposed to be removed at
this time; and it will be up to the residents of Kintyre Two to propose any
modifications to remove or revise the existing cul-de-sac, subject to City
approval. An easement allowing the extension of the proposed road over Outlot
D of Kintyre Two has been granted by its owner and filed with Hennepin County.
11. The private road will be subject to homeowner association ownership and
maintenance, and subject to an underlying Road, Drainage and Utility Easement
to be granted to the City, as well as a "Declaration of Covenants, Conditions,
Restrictions and Private Roadway Easement" either as a separate document or
incorporated into the development covenants.
Page 3 of 1 I
SH
RESOLUTION OF THE CITY COUNCIL
NO.
12. Because existing Kintyre Lane is a private road which will soon become
completely under control of a homeowners association rather than guided by the
developer of Kintyre Two, an agreement between the Developer and the owners
of Kintyre Lane will be required to establish maintenance responsibilities for the
extension of Kintyre Lane.
13. Each proposed lot contains at least 2.0 acres of dry buildable land and has a
proposed building site meeting the RR -1B setback standards (50' front and rear,
30' sides). Lots 1, 2, 3, and 7 meet the 200 -foot width requirement; Lots 4, 5, and
6 abut the proposed cul-de-sac and are respectively 170 feet, 63 feet, and 100 feet
in width at the 50 -foot front setback line, but widen to 200 -feet or more at the
suggested house locations, meeting side setback requirements. This does not
impact the buildability of these three lots, but does have an impact on potential
house locations.
14. The Developer has proposed a grading plan that includes the creation of a new
road and stormwater management facilities as well as proposed future grading to
establish individual pads creating "new existing grades" for house placement on
all 7 lots. The proposed pad grading shall occur at the time individual building
permits are issued.
15. The preliminary plat indicates minimal stormwater management facilities will be
required, and the proposed stormwater management system has been preliminarily
approved by the City Engineer. All stormwater management shall be subject to
MCWD requirements and approvals. The property will be subject to the
Stormwater and Drainage Trunk Fee for 6 new 2 -acre lots at $7,680 per Iot. Total
fee will be $46,080.
16. The Parks, Trails and Open Space element of the Orono Community Management
Plan (CMP) has no current plans for parks that specifically require dedication of
park land from this property. No land for a public park is required, in part due to
the remoteness of the developing area from public roads.
17. The City Code requires dedication of 8% of the land as public park, or payment of
the equivalent value in cash. Payment of the standard Park Dedication fee for 5
new building lots would be appropriate, as the site contains two existing homes on
two separate tax parcels. Based on the combined estimated land -only market
Page 4 of 11
CITY OF ORONG
a� RESOLUTION OF THE CITY COUNCIL
tO leh
k4tiG~ N O. 6 5 36
silo
value of the land being developed at $1,163,000 or $166,000 per lot, the value of
each newly created lot will be in excess of the threshold value of $69,375.00;
therefore, the park fee maximum of $5,550 per lot will be triggered, for a total
Park fee based on 5 new building lots of $27,750.
18. The developer has submitted a Conservation Design Report and Master Plan
prepared by Svoboda Ecological Resources dated June 27, 2015 that inventories
and describes in detail the environmental features of the site, defining what
natural values of the site should be preserved or enhanced and how that should
occur. In general, the development will maintain the rural character consistent
with the surrounding neighborhood, Wetlands and drainage patterns will be
maintained, and long views into the site will not be significantly disrupted.
Applicant has arranged the site to preserve three of the four noted significant tree
stands; the fourth, comprised of introduced conifers near the south end of the site
around the existing residence, will be impacted by road construction. A vegetation
management plan spells out a variety of actions to be taken with regard to wetland
buffer areas, buckthorn, and reed canary grass. The suggested Master Plan
management guidelines will be incorporated into the development agreement and
covenants to assure adherence.
19. All proposed lots have been tested and found capable of providing suitable
primary and alternate sites for on-site sewage treatment systems. For all lots,
mound systems will be required. While in some lots the mound systems will
encroach a required 75 -foot wetland buffer, all mound systems will maintain the
required 50 -foot setback from delineated wetland boundaries, with the apparent
exception of Lot 7 for which an alternate site must be provided that meets the 50'
setback. Special precautions, including but not limited to protective covenants as
well as physical barriers during construction activity, must be taken to protect
these sites on both a short-term and long-term basis, as municipal sewers are not
projected to be extended to serve this area of Orono.
20. All proposed lots will contain suitable area meeting all established setback and
location requirements to allow the construction of single family residences.
Page 5of11
CITY OF ORONO
RESOLUTION OF THE CITY COUNCIL
Mel
CONCLUSIONS, ORDER AND CONDITIONS
6536
NOW, THEREFORE, BE IT RESOLVED, that based upon one or more of the
findings noted above, the City Council of the City of Orono hereby grants Preliminary Plat
Approval for Christopher W. Bollis, et al for a 7 -lot residential plat to be named KINTYRE
PRESERVE per the Preliminary Plat drawing by David B. Pemberton, PLS of Sathre-Bergquist,
Inc. dated September 8, 2015 and the following plans:
Sheet SP, Preliminary Site Plan last dated 816115;
Sheet GP, Preliminary Grading and Erosion Control Plan last dated 816115;
Sheet ST, Preliminary Street and Utility Plan last dated 8/6/15; and
Sheet LS, Preliminary Landscape Plan last dated 8/6/15;
all the above being attached hereto as Exhibit B, subject to the following conditions:
The private road extension of Kintyre Lane shall be platted as Outlot B. Dedication on
the plat of 33 feet of right-of-way for Stubbs Bay Road North shall be required.
2. Developer shall be required to implement and adhere to the recommendations contained
within the Conservation Design Master Plan, which will be incorporated into the
Development Agreement.
3. All areas delineated as wetlands as shown on the preliminary plat drawing shall be
subject to the standard Wetland Conservation and Flowage Easement to be granted by the
Developer. The Developer is advised that the City -required minimum setbacks from the
wetland boundaries and from MCWD-imposed wetland buffers shall be adhered to.
4. The Developer shall establish covenants providing that the homeowners association will
be responsible for all future maintenance of the stormwater management facilities.
5. Developer shall execute the standard Covenant for Protection of Drainfield Sites. Special
precautions including physical barriers during construction activity, shall be taken to
protect these sites on both a short-term and long-term basis. A revised alternate site
meeting the 50' wetland setback for Lot 7 shall be required prior to final plat approval.
6. Approval is subject to Minnehaha Creek Watershed District (MCWD) approval and
permits as required. Final plat approval shall not be granted until the Developer has
provided evidence that all required MCWD permits and approvals have been obtained.
7. Vehicular access to the Lots shall be individual driveways onto the new private road
extension to be constructed within Outlot B of Kintyre Preserve and within Outlot D of
Kintyre Two by the Developer to provide access to Kintyre Lane, with final driveway
Page 6 of 11
CITY OF GRONO
RESOLUTION OF THE CITY COUNCIL
NO 6536
locations subject to City Engineer/Public Works Director approval at the time of building
permit issuance. The road in Outlot B shall be subject to the standard Road, Drainage and
Utility Easements to be granted to the City. The Developer shall establish a homeowners
association as well as the necessary road maintenance agreements, etc. to ensure that the
private road will be maintained to reasonable standards at all times by a homeowners
association, and that failure of that private group to so maintain their private road will be
cause for the City to accomplish needed maintenance and to assess the benefited
properties for the direct cost of such maintenance. The private road shall be subject to a
"Declaration of Covenants, Conditions, Restrictions and Private Roadway Easement"
either as a separate document or incorporated into the development covenants. An access
and maintenance agreement between the owners of the portion of Kintyre Lane within the
plat of Kintyre Two and the owners of the portion of Kintyre Lane within the plat of
Kintyre Preserve shall be required.
S. Materials and equipment for the construction of the extension of Kintyre Lane shall be
accessed through Outlot A of Kintyre Preserve to Stubbs Bay Road and shall not use the
portion of existing Kintyre Lane for road construction access.
9. The City will grant the required lot width variances for Lots 4, 5, and 6; the road length
variance for the extension of Kintyre Lane; and variances to the wetland ordinance to
allow septic systems to be located within or partially within MCWD-required wetland
buffer areas as long as the systems meet the City's minimum 50' wetland setback.
10. The portion of the proposed grading plan that depicts future grading to create individual
building pads shall be considered as establishing "new existing grades" for house
placement on all 7 lots. The proposed pad grading shall occur at the time individual
building permits are issued.
11. Regarding the existing septic system serving Lot 5 that is partially located within Lot 4, a
limited -term temporary easement with specific triggers to require removal of the system
shall be established, including the following conditions:
A. The easement shall expire, and the system shall be removed, upon any one of the
following occurrences:
a. At such time that Lots 4 and 5 become separately owned;
b. At such time that a permit for home construction is issued for Lot 4;
c. At such time that a permit for demolition or new home construction is issued for
Lot 5;
Page 7 of 11
CITY OF OldONO
RESOLUTION OF THE CITY COUNCIL
NO. 6536
d. At such time that a permit for expansion of the existing home on Lot 5 is issued;
e. At such time that the existing system is found to be non-compliant and ordered to
be replaced;
B. In the event that one of the above circumstances exists and the system has not been
removed, no permits for either property shall be issued until the system is removed.
12. Development Fees:
A. Park Dedication Fee. The development is subject to the standard Park Dedication
Fee of 5 lots x $5,550 per lot = $27,750.
B. Storm Water and Drainage Trunk Fee. The development is subject to the standard
Storm Water and Drainage Trunk Fee of $7,680 per lot x 6 lots = $46,080.
13. City Engineer Recommendations and Approval. Applicant shall adhere to the general
recommendations of the City Engineer in his comment letter dated 7/16/15 as well as
ongoing recommendations. Final plat approval shall be granted only upon confirmation
by the City Engineer that all engineering concerns have been satisfactorily addressed.
14. Plans and Specifications. The following plans and specifications shall be submitted for
review and approval by the City and other appropriate jurisdictions prior to final plat
approval, to ensure that the proposed plat will accomplish the intended purposes:
a) Final overall layout for all primary and alternate sewage treatment system sites
and potential conforming well locations.
b) Final grading, drainage and erosion control plan and SWPPP showing existing
and proposed contours, anticipated building locations, elevations, stormwater
facilities and calculations, utilities and erosion control measures to be used during
construction. Final Plat Approval will not be granted until the Minnehaha Creek
Watershed District has approved the stormwater management plans.
c) Engineering details and design for any proposed retaining walls.
d) Road construction plans including proposed plan and profile views, typical street
section, geotechnical report, R -value recommendation and pavement design.
e) Sufficient detail to meet the recommendations of the City Engineer.
15. Other Easements.
a) Drainage and Utility Easements shall be dedicated to the public in each of the 7
Page 8 of 11
ITS OF ORONO
1 RESOLUTION OF THE CITY COUNCIL
V G
� 65 36
xx' c n N O . _.. _
building lots on the final plat 10' along all exterior property lines, and 5' either
side of interior property lines, except such easements shall be increased to
accommodate drainage where required, subject to City Engineer approval.
b) A Flowage and Conservation Easement and Restrictive Covenant for Wetlands shall
be granted to the City of Orono over all delineated wetlands on the Property.
C) A Road, Drainage and Utility Easement shall be granted to the City of Orono over
the private road in Outlot B.
d) A "Declaration of Covenants, Conditions, Restrictions and Private Roadway
Easement" with regards to Outlot B shall be executed either as a separate
document or incorporated into the development covenants.
16. Developer's Agreement. Developer shall execute a Developer's Agreement for
construction of improvements on the Property to ensure all site improvements are
installed to the City's specifications and satisfaction. Said Developer's Agreement may
contain additional conditions not noted in this Preliminary Plat Approval resolution. No
land alterations can take place until erosion control is established and the City is in
receipt of a final grading and road plan and SWPPP. No improvements can begin until
the City Engineer has approved all improvement plans. A Letter of Credit must
accompany a fully executed Developer's Agreement written to 150% of the cost of the
proposed site improvements, including any required landscaping. No building permits
will be issued until all drainage facilities and improvements have been installed and
satisfactory road base has been installed.
FINAL SUBMITTALS
The following list of final submittals must be submitted to the Planning Director prior to the
regularly scheduled Council meeting on the second and fourth Mondays of the month. These
submittals are as follows:
1. Record plat drawings in the form of two (2) mylar copies (one copy for the City's
records and one for filing with Hennepin County) and one (1) copy reduced to 1"
= 200'. Drawing to include:
A. Lot lines platted per preliminary plat survey and drawings attached hereto
as Exhibit B, except as modified herein.
Page 9 of 11
CITY OF ORONO
RESOLUTION OF THE CITY COUNCIL
NO. 65 36
B. Dedication of "drainage and utility easements" 10' along exterior property
lines and 5' along the interior property line.
C. Dedication of areas shown as wetlands.
D. Dedication of "Drainage Easements" over all drainageways.
E. Naming of plat.
2. Legal documents required:
A. Title opinion addressed to the City or a title insurance policy in favor of
the City. All owners, mortgage holders or others with property interest
indicated therein shall sign the plat and all other documents affected by
such interest.
B. The applicant must provide certified copies of all recorded easements
currently affecting the property.
C. Signed and executed Road, Drainage and Utility Easement and
Declaration of Private Covenants, Conditions, Restrictions and Private
Roadway Easement for maintenance of same over private road Outlot B.
D. Evidence that an access and maintenance agreement between the Kintyre
Two and Kintyre Preserve homeowners associations has been executed
and ii in effect.
E. Signed Flowage and Conservation Easement and Restrictive Covenant for
Wetlands.
F. Signed and executed Covenants for Protection of Drainfield Sites.
G. Signed Developer's Agreement.
H. Letter of Credit for construction of improvements. The City Engineer
shall establish the amount to be provided in the Letter of Credit.
3. Plat approval fees to be paid: Total due: $74,530.00.
A. Final plat fee = $700.00
B. Park Dedication Fee: $27,750.00
C. Stormwater and Drainage Trunk Fee: $46,080.00
Page 10 of 11
CITY OF ORONO
RESOLUTION OF THE CITY COUNCIL
NO 65 36
Adopted by the City Council of the City of Orono, Minnesota at a regular meeting held this 14th
day of September, 2015.
FIX 0 0119
binde Tiegs, City Jerk 61
Developer
(Christopher W. Bollis)
'�& - j4zle &a&4L
Lili Tod McMillan, Mayor
Page 11 of 11
CITY OF ORONO
RESOLUTION OF THE CITY COUNCIL
No. b536
EXHIBIT A
RESOLUTION NO. 65 36
DESCRIPTION OF PROPERTY
Parcel 1:
Lot 2, Block 1, Tamarack Hill, according to the recorded plat thereof, Hennepin County,
Minnesota.
and
Parcel 2:
Part of the West 1/2 of the Southeast 1 A of Section 32, Township 118, Range 23 as follows:
Beginning at the southwest corner of the Northwest 114 of the Southeast 114 of Section 32,
Township 118, Range 23; thence East 13 1/3 rods; thence North 12 rods; thence West 13 1/3 rods;
thence North 30 rods; thence east 80 rods to the east line of said Northwest 1/4 of the said
Southeast 114; thence South 42 rods; thence West to a point 14 1/3 rods east of point of
beginning, thence South 1 rod; thence West 14 113 rods; thence north i rod to point of
beginning.
M
C]I"TY OF ORONO
RESOLUTION OF THE CITY COUNCIL
NO. 65 36
EXHIBIT B
RESOLUTION NO. 6
Attached Sheets:
- Preliminary Plat Drawing
- Sheet SP, Preliminary Site Plan last dated 8/6/15;
- Sheet GP, Preliminary Grading and Erosion Control Plan last dated 8/6/15;
Sheet ST, Preliminary Street and Utility Plan last dated 8/6/15; and
- Sheet LS, Preliminary Landscape Plan last dated 8/6/15;
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