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HomeMy WebLinkAboutPC77054 - 9/29/77 - 3400 48th Ave\. w L PLANNING COMMISSION FILE CHECKLIST File Purge Date: c L FILE INFORMATION Planning Commission Application Number: % f✓ PROPERTY INFORMATION Zoning: PLAN REFERENCE Note: If a plan was found in the file during the purge process, it was pulled for consolidation of all plans. Identified below are the types of plans, if any, that were consolidated. • Site Plans • Building Plans • Other: FILE REFERENCE Note: The following documents were purged when this project file became inactive. We have recorded the information necessary to retrieve the documents. Document Type Date Range Location Agendas: Planning Commission Office , Minutes: Planning Commission aI)I-1-ICity Vault Minutes: City Council , ` 13 1,-1 City Vault 1 N-7 ci Document Type Number Location Resolutions: Planning Commission City Vault Resolutions: City Council City Vault Ordinances: City Council City Vault CITY OF BROOKLYN CENTER PLANNING COMMISSION ZONING APPLICATION Application No. 77 M Please Print Clearly or Type Street Location of Property 3400 - 48th Avenue North Legal Description of Property Tract AE, R. L. S. 1023 Owner Advanced Abrasives (Nordan Industries) Address 4811 Dusharme Drive Applicant Advanced Abrasives (Buetow & Associates) Address 2345 N. Rice St. Roseville, MN 55112 Type of Request: Rezoning Variance P Phone No. 533-2116 Phone No. 483-6701 Subdivision Approval Site & Bldg. Plan Approval Special Use Permit Other: Description of Request: Site and Building Plan approval for new building. Fee $ 25 OD Receipt No. 46642 Dates, of P.C. Consideration: Approved A. ---'Denied ing condgtions: A%pp icant s Signature Date PLANNING COMMISSION RECOMMENDATION thisday of 1977, subject to the follow- rman ----___------------------------------------------ CITY COUNCIL ACTION Dates of Council Consideration: Approved Denied this day of 19 fl"7, with the following amendment: er P/I Form No. 18 (over please) CITY OF BROOKLYN CENTER PLANNING COMMISSION ZONING APPLICATION Application No. / 26r -s1Z Please Print Clearly or Type Street Location of Property P., 4 PJ3HAP- �1� �--d - �, � e2ec"-. Legal Description of Property 1566 5UW /,) Zs Owner (tnf=C)A� Address `,5/1 Phone No. 33--2,/I(d Applicant Apv/Wct-,- A5eAsiye�5 -rNj ) e,-tow p�soG5 . Address 2 W Aj, ki--' PoSeviL.Le Phone No. bs—&Iy 1 Type of Request: Description of Request: Rezoning Subdivision Approval Variance _ Site & Bldg. Plan Approval Special Use Permit Other: .4 / . . _ Fee $ Receipt No. Dates of P.C. Consideration: Approved t/ Denied ing cond�O.ions: App scant s Signature Date PLANNING COMMISSION RECOMMENDATION this.�'�day of .,,419 �7, subject to the follow14, - Dates of Council Consideration: Approved Denied this amendment: CITY COUNCIL ACTION day of rman 19 , with the following P/I Form No. 18 (over please) Clerk Planning Commission Sheet Application No. 77054 Applicant: Buetow and Associates for Advanced Abrasives Company Location: Northwest quadrant of 48th Avenue North and Dusharme Drive 3400 - 48th Avenue North Request: Site and Building Plan Approval The applicant seeks site and building plan approval for an approximate 9,600 sq. ft. office and industrial manufacturing building. The property is in the I-2 zoning district. The applicant contends that the proposed machine shop and office building, while owned by Advanced Abrasives which is on the site adjacent immediately to the north, is a separate facility and is not in common development with the existing use. This is noted because original preliminary plans submitted by the applicant showed a common access to both facilities from Dusharme Drive, and there was a clear in- dication that there would be a clear functional relationship between the two structures. The plans were revised to indicate the now proposed independent development when the applicant was informed that the two properties would have to be combined (as required by the ordinance for common developments under common ownership), and that certain site improvements including curbing and landscaping would be required on the existing site. It should be formally established that the proposed structure and use are function- ally independent of the existing use, especially in consideration that the proposed development, in addition to a front curb cut onto 48th Avenue North, has a proposed curb cut onto Dusharme Drive near the existing entrance to the Advanced Abrasives plant. Several concerns we have developed during the course of plan review and which should be resolved as reflected on the plans presented to the Commission include: proper drainage from the property to the west of the building; screening of any outside trash disposal facilities and rooftop mechanical equipment; properly dimensioned parking stalls and driving lane widths; and provision of the minimum 5 ft. greenstrip between the parking lot of the proposed site and the parking lot of the existing site. Another concern related to this application which should be reflected as a condition of approval is that at the southeast end of the property abutting what is now 48th Avenue North, there is a platted tract which is a portion of a vacated cul-de-sac once approved for 48th Avenue North. In other words, the site contains two separate parcels and therefore it should be combined through platting or registered land survey. For clarification, this item is separate from the one discussed above relative to the adjacent Advanced Abrasives parcel. We will be prepared to discuss the application in further detail. Approval would be subject to the following conditions: 1. Building plans are subject to approval by the Building Official with respect to applicable codes prior to issuance of permits. 9-29-77 Application No. 77054 continued 2. Grading, drainage, utility and berming plans are subject to approval by the City Engineer prior to the issuance of permits. 3. A Performance Agreement and supporting financial guarantee (in an amount to be determined by the City Manager) shall be submitted to assure completion of approved site improvements. 4. All outside trash disposal facilities and rooftop mechanical equipment shall be appropriately screened from view. 5. Prior to occupancy, the site shall be combined through platting or registered land survey into a single parcel. 9-29-77 - TODEPARTMENT OF rLANJT11r, ttiYU II^nECTAIJ, CITY OF BROOKLYN CENTER PEkF0RMAl"Cc AGkr Ei ,IN!*1 File No. 77054 This Agreement is entered into by _.,rJCs'/9/2/ hereinafter cared the Developer acid the City of Brooklyn Center, a Municipal Corpora -Lion, under the laws of the State of Minnesota, hereafter ca) led -tO2 City. THE WORK rit' 1.'�:'_�f� t it �Ih!' ?iC:S i"i: CE'! V .i rl :r;. ;; ;ti "�' _ i iw r �,•- Ely lai>• 1 " ., •. ias��: i 0 aik] City to City Ordinances), subject to the execution of this Performance Agreement', pursuant to the City Council approval ofoctober 3, 1977 and in accordance witi; said Uevelopirient Plans all of which are made apart hereof by reference. in consideration of .such approval, the Developer,.its successOrs and assigns, does covenant and agree. to perform the work as set forth in the Development Plans, in the =': h c tmo�nd as hereinafter set forth, upon the real estate described as follows: The Work.shall consist of the improvements described in the Development Plans, in -the aforesaid Approval (to include any approved subsequent amendments) and shall tie: in compl-iance with all applicable Statutes, Codes and Ordinances of the City. COMPLETION DATE The undcrs i greed Developer agrees that the said Mork shall 1 be completed in. i is enti-rety can or before the 1 day of '.Member 19 78 , and no extension of lime shall be valid un- less the same shall be approved in wr.tinq by the City Manager. Said extension of time shall be valid w1hether approved uy the C i t,r Hanager before or after the col pl e ti cn da ;e and failure of the City to extend the time for completion or t-o exercise otl?er remedies hereunder shall in no way work a forfei sure of the City's rights hereunder, nor shall, any extension of tii;ie actually granted by the City Manager work any forfeiture of the Cit's rights hereunder. It" shall be the duty of -the Developer to notify the City of completion of the :Fork at least lO days prior to the Completion Date and to call for final . inspection by empl eyees o f tine C i L. MAINTENANCE Tl;e Pei" Fc,rmei:�ce Agreement, I n i tS entirety', shall remain in full force and efY of for a period of one year after actual conip-4etion of tire York to determine that the Useful life of all Work perferTmed hereunder meets the average standard for the particular industr.`/, Profession,, or material. used in the performance of the work. Any work not ineeting such standard shall riot be deemed ccaiiip l ete hereunder. ldot; ice of the date of Actual Completion shall be given to the De:velol,-er by the Director of Planning and Inspection of the City. FINANCIAL GUARANTEE The Deve 1 aper agrees to furnish the City with a Financial Guarantee In the for:;1 of a. cash escrow, a bond -issued by an approved cc.rporate surety licensed to do business in -'he State ol, Minnesota and executed by the Developer as principal, or other Financial Guarantee as a �r�rov�vu by .t-he City Managerof the City, in the amount of $24,000.00 . Such Financial Guarantee shall cnnti nue in full force and effect until the City Council, shall have by motion approved - nd accepted al i of the Mork undertaken to be done and shall therehy have released the Surefy and/or Develop r from any further liability; provided however, that the City Count i l may by mot -.ion reduce the amount of the Financial Guarantee upon partial completion of the work, as certified by -the City Manager. Such Financial Guarantee shall be conditioned upon the fell1 and faithful performance of ail elements of this Agreement. and upon compliance v.+ith all applicable, Statutes. Codes, and Ordinances of. the City, and shall further I.e subject to the following provisions which shall be deemed to be incorporated in such Financial Gua.rantec as'd made a part thereof. NOTICE The City small be required to give prior notice to the corporate surety and the Developer of aivv default; hereunder before proceeding to enforce such Financial Guarantee or before ti-rf' C ty undert&I es any wort for which the City will be r`imburs`d through the i- financial Guarantee. it i tl?i n 10 doys aft ,�r as Lich noti ce to i t, the surety shal 1 noti fy the 6 ty i n wri ti n9 of i rs i r? tention to enforce any r i r?nts it rii ah t have under this Performance.? Agreement or any Pei-for!Ponce C and by stab rig i n l:'�"i i:i nq ';he monoer i n whiLit the det aul vii i 1 )e.' cured iaild the $•'ii7iEb within w. i ch such default iai l l be cured; said -time not to exceed EC. days 'unless approves by ttiC i t.y. (over pleaso) \.• N." REMEDIES FOR BPt:ACH At any time after the Ccmpl~icn datE on any cxtens ons t0ltof, or during the Mainter�u;;ce Period, if any of the work is deeme.i incomplete, the Cit:y Council may proceed in any one or more of the following ways to enforce the ande rta0ngs herein set forth, and to collect aNy and all overhead expenses incurred by the City in connection therewith, including but net limited to engineering, legal, planning and litigation expenses, bi.it the enumeration of the remedies here- under shall be in addition to any other remedies available to the City. 1) Completion by the City.. The City, after notice, may proceed to Have the Work done either by contract; by day labor, or by regular City forces, and neither the Developer nor the Corporate Surety may question the manner of doing such -work or the letting of any such contracts for the doing of any such contracts for the doing of such work. Upon completion of such Work the Surety and/or the Developer shall promptly pay the.City the full cost thereof as aforesaid. In the eventthat the Financial Guarantee is in the form of a Performance Bond, it shall be no defense by the Surety that the City has not first made demand upon the Developer, nor pursued its rights against the Developer. 2) Specific Performance. The City may in writing direct the Surety or the Developer to cause the Work to be undertaken -and completed within a specified reasonable time. If the Surety and/or the Developer fails to cause the Work to be done and completed in a manner and time acceptable to the City, the City may proceed in an action for Specific Performance to require such work- to be undertaken. 3) Deposit of Finacial Guarantee. In the event that the Financial Guarantee has- been submitted in the form of a Performance Bond, the City may demand that the Surety deposit with the City a sum equal to the estimated cost of completing the work, plus the City's estimated overhead expenses as defined herein, in- cluding any other costs and damages for which the Surety may be liable hereunder, but not exceeding the amount set forth on the Face of the Performance Bond, which money shall be deemed to be held by the City for the purpose of reimbursing the City for any costs incurred in completing the Work as hereirrbefore specified, and the balance shall be returned to the Surety. This money shall be deposited .with the City within 10 days after written demand therefor, and if the Surety fails to make the required deposit within 10 days, the City shall have the right to proceed against the Surety with whatever legal action is required to obtain the deposit of such sum. .4) Funds on Deposit.- In the event -that the Financial Guarantee is in the form of cash, certified check, or other arrangement making the Financial Guarantee im- mediately accessible to the City, the City may,.'after.. notice to the Developer, deposit the Financial Guarantee in its General Account. The City may then pro- ceed to complete the Work, reimburse itself for the cost of completion as de- fined hereunder, and return the'balance to the Developer. PROCEDURES A copy of this Performance Agreement shall be attached to the Corporate Surety Bond, if any, and reference to this Performance Agreement shall be made in any such band, but no corporat-e surety shall assert as a defense to performance hereunder, any lack of reference in the bond to this Performance Agreement. The original and two copies of this Agreement, properly. executed, together with the appropriate Financial Guarantee shall be submitted to the City.11 . iN WITNESS WHEREOF, the Developer day of �� 19 tnes:- and the City have executed this Agreement this Subscribed and sworn to before me this 31 _ day of 19 7� _ _-P �< Zor ' g Official P/I Form N9.�23 Rev. 6-77 DCPART(4--:.N T OF PEA,-,' TNG AND INSPECTION CITY OF BROOKLYN CENTER PERFORMAN-CE AGREEMIENT File No. 77064 This Agreement is entered into by /,� hereinafter called the Developer and thc- City .of Brook yn Center, a Municipal Corporation, under the lark of the State of Minnesota, hereafter called the City. THE WORK `lr .• r.i 1^�•-1Y h�.�_ yr](`r, � 1.iCafr t` FI( t(f-N lf'� 1'. zxilI by t { C9. t'y C 7 ;1-11 t _ . nt 1,1 f e rf in:. ,::f :.,w C.ity (pursuant to City Ordinances) subject, to `the e?;ecution of this Performance Agreement, pursuant to the City Council approval of. OCtTolbw 3, 1977 and in accordance with said Development Plans all of are madc apart hereof by reference. In consideration of such approval , the Developer, its successors. and assigns, does covenant and .agree to perform the ►cork as set forth in the.Development Plans, -in the yes , i as hereinafter set ,orth, upon the re -al- estate described as follows: � ` - The Work shall (consist of Uo? i r,,rproveriLnts de'scri bed in the Development Plans, in a w oresai d ApFrval o i n1 udc any approved subsequent amercl;rren+.:s } and shall be in cosrpl .y arrce Frith all applicc'�ie Statutes, Codes and Ordinances of the City. CUMPLETI.ON DA i E The undersigned Developer agrees that the said Work shall be completed in its entirety on or before the 1 day of SOt **r 19 79 , and no extension of time shall be valid un- less the samia shah be approved n writing by the City Manager. Said extension of time shall be valid whether approved by the City Manager before or after the completion date and failure of the City to er.t-nd the time for completion or to exercise other remedies hereunder shal"i in no way work a forfeiture of the City's rights hereunder, nor shall any extension of time actually granted by the City Manager work any forfeiture of the Ci ty' s rights hereunder. It shall be the duty of the Developer to notify the City of completion of the Work at least 10 days prior to the Completion Date and to call for finial inspection by employees of the City. MAINTENANCE The Per'fdi-iliarice Agreement, in its entirety, snail remain -in full force and eff;.ct for a period of one year after actual com7I-et_ion of the Work to determine that the useful 1 ife ni_ all Work performed hereunder, meets the average standard for the particular industry, prof �.ssior), or matr-rial used in the performance of the work. Any work not meeting such standard shall not be deemed conipieto hereunder. Notice of the date of Actual Completion shall be given.to fjcvelor,er by the Director of Planning and Inspection -of the City. FINANCIAL GUARANTEE The Developer agrees to furnish the City with a Financial Guarantee in the form of a cash escroio a bend issued by an approved corporate surety licensed to do business in the State of Minnesota and Ioxecuted by the Developer as principal, or other Financial Guarantee as approved by the City l4anager of the City. in the amount of S1,000.00 . Such r i nancial Guarantee shall continue 'in full force and effect until the City Council shall have by motio.n approved and accepted all of tit,: t!ork undertaken to be done, and shall thereby have released the Surety an,-.I/or D,2vel oper from any further 1 i «b-i l i ty; provided howev r Viat the City Counci r rimy by wotion reducr� the amount.of the Financial GUarantee (a)cn partial.completion of the.work, as c:erti�''ied by the t`it.y Manager. Such Financial guarantee shall be conditioned upon the full and faithful prfcrrn.arcc of all elements ��f this Agreement and Upon compliance with all applicable Statutes, Codes, a.nd Ordinances of the City, and shah further be subject to the following provisions :•,hich shall be seemed to be incorporated in such F-inanciai Guarantee and made a part thereof. NOTICE The City shall be required to give prior notice to the: corporate-: surety and the Developer 0 any default hers -under before proceeding to enforce such Financial Guarantee or before the City undertakes any work for whi cii the City wi i 1 be reimiburs -d through the Financial Guarant Wi t.hi n 10 days after such notice to. it, the surety shall ; o ti fy the City in writing of its i n-- tent:ion•to enforce any right,. it r;right have under this Performance Agreement or any Performance Bond by stating in wri-cing the grinner in which thin default will r;c cured and the tirr.e 1;ithin which such default will be cured, s.:id time rrct to exceed 60 drays unless approved by th,1 City. (ov.�r Please) REMEDIES FOR QRE.11CH At Carly thine after the Umple lon date and a►?'/ extensions the of, or during t?e Maintcnar,:v Per-iud, if any of the work is ueemed incomple -p-, the City Council may proceed in any one or ior't of the following ways to enforce the undertakings herein set forth, and to collect any and all overhead expenses incurred by the City in connection therewith, including but not 'limited to engineering, legal, planning and litigation expenses, but the enumeration of the remedies here- under shall be in addition to any other remedies available to the City.. 1) Completion by the City. The Citv, after notice, may proceed to have the Work done either by contract, by day labor, or by regular City forces, and neither the Developer nor the Corporate Surety may question the manner of doing such work or the letting of any such contracts for the doing of any such contracts for the doing of such work. Upon completion of such Work the Surety and/or the Developer shall promptly pay the City the full cost thereof as aforesaid. In the eventthat the Financial Guarantee is in the form of a Performance Bond, it shall be no defense by the Surety that the City has not first made demand upon the Developer, nor pursued its rights against tile Developer.. 2) Specific Performance. The City may in writing direct the Surety or the Developer to cause the Work to be undertaken and completed within a specified reasonable time. If the Surety and/or the Developer -fails to cause. the Work to be done and completed in a manner and time acceptable to the City, the City may proceed in an action for Specific Performance to require such work to be undertaken. 3) Deposit of Finacial Guarantee. In the event that the Financial Guarantee has been submitted in the form of a Performance Bond, the City may demand that the Surety deposit with the City a sum equal to the estimated cost of completing the work, plus the City's estimated overhead expenses as defined herein, in- cluding any other costs and damages for which the Surety may be liable hereunder, but not exceeding the amount set forth on the face of the Performance Bond, which money shall be deemed to be held by the City for the purpose of reimbui-sing the City for any costs incurred in completing the Work as hereinbefore specified, and the balance shall be returned to the Surety. This money shall be deposited with the City within 10 days after written demand therefor, and if the Surety fails to make the required deposit within 10. days, the City shall have the right 'to proceed against the Surety with whatever legal action is required to obtain the deposit of such sum. Q) Funds on Deposit. In ttre event that the Financial Guarantee is in the form of cash, certified check, or other ar.rangenyent making the Financial Guarantee im- mediately accessible to the City, the City may, after notice to the Developer, deposit the Financial Guarantee in its General Account. The City may then pro- ceed to complete the Work, reimburse itself' for the cost of completion as de- fined hereunder, and return the balance to the Developer. PROCEDURES A copy of this Performance Agreement shall be attached to the Corporate Surety.Bornd, if any, and reference to this Performance Agreement shall be made in any such bond, but no. corporate surety shall assert as a defense to performance hereunder, any lack of reference in the bond to this Performance Agreement. The original and two copies of this AgreementC., properly executed, together, with the appropriate Financial Guarantee shall be submitted to the City. Ili WI day of n ess Wi tness SS WHEREOF, the Developer and the City have executed this Agreement this 78 19 Subscribed day and of sworn to before me this k 19 M P/I Form No. 23 Rev. 6-77