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Home My WebLink AboutPC81028 - 5/7/81 - 4821 Xerxes Ave & 3129 49th AvePIAN14ING C01MMISSION ZONING APPLICATION Application No 81028 Please Print- or Type Clearly .vocation of Property 4821 Xerxes Avenue North & 3129- 49th Ave. North ?.regal Description of Property Lots 1 to 5, Block 4, Section 10 � Lot 5 Block 4, BrrooUyinanorJ - �.ane.r Howe, Inc. Address 4821 Xerxes Avenue North Phone No. 535-1030 applicant same Address Phone No. Type of Request: Rezoning wh-_ Subdivision Approval Variance Special Use Permit Site & Bldg. Plan Approval Other: Description of Request: Praliminary Plat - Howe Addition -Two lots, Fee $27.00 .Receipt No 55522 / J1 Appi can,4' s Signature PLANNING COMMISSION RECOMMENDATION Dates of P.C. Consideration: Approved _ ✓ Denied this day of the following conditions: CITY COUNCIL ACTION Hates of Council Consideration: to ' ' ' . 194, subject to rman Approved Denled Lhis day of 19 with the foJ.lov.,iiic amendment:. .. . C I u r. 3c Planning Commission Information Sheet Application No. 81028 Applicant: Howe, Inc. Location: 4821 Xerxes Avenue North Request: Preliminary Plat Approval The applicant is seeking preliminary plat approval to replat into parcels, the land in Brooklyn Center that makes up the Howe Fertilizer operation and the residential property at 3129 - 49th Avenue North. The property in question is bounded by State acquired property and the City of Minneapolis on the east, by the Soo Line Railroad tracks on the south; by the residence at 3135 - 49th Avenue on the west; and by 49th Avenue North on the north. Section 35-540 of the Zoning Ordinance requires the combination into a single parcel of land through platting or registered land survey of multiple parcels of land under common ownership and which are contiguous and adjacent and are proposed to serve a single development use. Howe, Inc. requested a variance from this requirement under Planning Com- mission No. 79069 in December, 1979. This application was ultimately denied by the City Council. The proposed plat would satisfy that condition of the Zoning Ordinance. As indicated, the plat includes the lot at 3129 - 49th Avenue which currently is divided by the zoning line separating the I-2 and R1 Zoning Districts. It should be noted that the replatting will create a remnant parcel in the City of Min- neapolis lying to the east of Howe's office building that is presently part of the Howe operation. This parcel is indicated on the survey submitted, but will not be a part of the final plat for the property. The plat itself will consist of one block with two lots. Lot 1 will be the industrial site and Lot 2 will be the residential property at 3129 - 49th Avenue. The current zoning line will, in effect, become the property line separating Lots 1 and 2. The survey submitted shows an 8' high wood fence located partially on the RI zoned property and partially on the industrial site. The site plan submitted under Application No. 81027 proposes to relocate this fence in line with the inner edge of the green buffer area leaving the open area exposed to abutting residences. The remnant parcel in Minneapolis, as indicated previously, is part of the Howe operation and is shown as such on the proposed site plan. It is recommended that an agreement be executed, in a form approved by the City Attorney, that this parcel be bound to the other Howe industrial property. Such an agreement should be executed prior to final plat approval and be filed with the title to the property. Drainage for the site currently empties into storm sewer leading to Ryan Creek and there is no means as yet to contain possible contaminated water should there be some sort of chemical spill or other accident on the site. The City Engineer has recommended that interim emergency drainage provisions be installed in accordance with the recommendations of the :Hickok report submitted in January, 1980. The Planning Commission is referred to a memo from the City Engineer regarding these requirements for a fuller discussion of the drainage of the site. It is recommended that as a condition of the plat the Hickok "interim consider- ations" for drainage be adopted as a conceptual plan with final details to be determined by the City Engineer prior to issuing building permits for any con- struction on the site. 5-7-81 -1- Application No. 81028 continued It should also be pointed out that Howe, Inc. has requested amendments to Judge Sedgwick's March 30, 1981 decision particularly with respect to her conclusion that the City's action in denying variances and granting conditional approval to rebuild was reasonable. A hearing on that matter was scheduled for May 6, 1981. If the judge amends her order, the "ground rules" for reconstruction could change. Evaluation of the plat, and more particularly, the site plan, is very difficult pending her decision. Subject to changes requested by the City Engineer, the plat is generally in order and approval is recommended subject to the following conditions: 1. The final plat is subject to approval by the City Engineer. 2. The final plat is subject to the provisions of Chapter 15 of the City Ordinances. 3. The Hickok "interim considerations" for drainage is adopted as an interim conceptual drainage plan with final details to be determined by the City Engineer prior to issuing building permits for construction on the site. 4. Prior to final approval, an agreement shall be executed, in a form to be determined by the City Attorney, to bind the remnant parcel of the Howe industrial site located in the City of Minneapolis to Lot 1, Block 1, of the proposed Howe Addition. The agreement shall be filed with the title to the property. A public hearing has been scheduled and notices have been sent. 5-6-81 -2- CITY OF BROOKLYN CENTER HENNEPIN COUNTY, MINNESOTA 1" INC. CONTRACT FOR THE DEVELOPMENT OF HOWEAADDITION This Agreement is made this 10th day of August r 1981. between the City of Brooklyn Center, a Minnesota municipal corporation, herein called the City, and Howe, Inc., a Minnesota business corpora- tion, hereinafter called the Developer; TbA Developer, in consideration of the City approving the plat of HoweftAadition, hereby agrees, as a condition of such approval, as follows: 1) That the Developer is the owner of a small parcel of land lying easterly of the proposed plat and abutting thereon, said parcel of land being described as "all that part of Lot 1, ?auditor's Subdivision 1 No. 208, Hennepin County, Minnesota, which lies northerly of a line running at right angles with the Easterly line of said lot through a point in the Westerly line thereof 168.13 feet North from the Southwest corner of said lot, except that part thereof taken for highway purposes." ; 1 2) The Developer agrees that the said parcel shall be usedas an integral part of Lot 1, Block 1, Howe.. ddition, Hennepin County, and shall not be used, sold or conveyed as a separate parcel. IN WITNESS 1•7HEREOF, the parties hereto have hereunto set their hands the day and year first above written. CITY OF_BROOKLYN By�GG Dean. -,A., Nvaxaist,i z/ r BY: eral G Splinte Its Cit lianager HOWE, INC. By: , -) �r t -k Tom Howe, Its Treasurer -_r" .>• t'�E �.! `�. t. 7 r,.r •+. � ,t �~frif c4 ..� �:° t �`�^' •\` F �� . _ a.Evc.�vtJGt`;• •t+ t r �� *' 'J � E?use 'fit of . r.wK• • ♦ yen r '_ ^'i" .'� \EO � V�� ' ,/ E x . ��M14, GtY " _j' 113 09 "'n 4`•, \ `>.r ,Ji' 1 +E rt�,pP (t� �9 _ te!rE• -15,00 i ✓ ,: ,Rr �Ewr¢ Y I r r F �' t ` sN. S. ut ?, �',6c i � V J r �o 'h ��.' �+� E....�.�,�. � � ✓'` �"3rsr 2tM k ^`( �' fy 5 C{^1 0� s .: ZbEo-S.• �'{� y t \ µ°o .�. p ut5 n+t u.5 `s ('ar• et¢ 'yr1 �� __` `--- �_._'."_-•_-__ \,oQ.4. 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