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HomeMy WebLinkAboutPC85005 - 3/14/85 - 6030 Xerxes AvePLANNING COMMISSION FILE CHECKLIST File Purge Date - FILE INFORMATION Planning Commission Application No. cn PROPERTY INFORMATION Zoning: P- 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 Agenda Cover Sheet: Planning Commission Agenda Book Minutes: Planning Commission Minutes: City Council Resolutions: Planning Commission Resolutions: City Council Ordinances: City Council '711/94, City Vault City Vault City Vault City Vault City Vault Historical Photographs: Planning Commission City Archieve CITY OF BROOKLYN CENTER PLANNING C0i"HIS5ION APPLICATION Application No.85005 Please Print Clearly or Type Street Location of Property 6030 Xerxes Avenue North Legal Description of PropertW. 655.68 ft. of lot one auditors subdivision N. 218 y{ three, four,, -and five, Hipp's 4th add., and -lot one, block one, Garden City fire} ndditinn_ Owner Brookdal'e Christian Center Assemblies of God Church Address 6030 Xerxes Avenue North Phone No. 561-0133 Applicant Dennis Batty & Associates, Architects Address 12800 Industrial Park Blvd. , Mpls. , MN 55441 Phone No. 559-0945 Type of Request: Rezoning Subdivision Approval Variance X Site .& Bldg. Plan Approval X Special Use Permit . Other: Description of Request: Request approval of site and building plans and special use permit for a gymnasium and classroom addition to the existing church building. The applicant requests processing of this application and agrees to pay to the City of Brooklyn Center, within fifteen (15) days after mailing or delivery of the billing state- ment, the actual costs incurred by the City for Engineering, Planning and Legal expenses reasonably and necessarily required by the City for the processing of the application. Such costs shall be in addition to the application fee described herein. Withdrawal of th., aprl r�+i .. stia11 not relieve 1P1/a t�1P annl i canto%It he obligation to pay costs incurred prior to withdrawal. -on iI ..Fee $ 150.00 pl,kcant's Signature Receipt No. 66sw Date: February 15, 1985 PLANNING COMMISSION RECOMMENDATION Dates of P.C. Consideration: Approved Denied this day of fnl ln�.�i nn rnnrii ti nnc CITY COUNCIL ACTION Dates of Council Consideration: 19 9,5 ' , subject to the Approved Denied this day of 19with the following amendment: J Clerk P/I Form No. 18 (over please) Planning Commission Information Sheet Application No. 85005 Applicant: Brookdale Christian Center Location: 6030 Xerxes Avenue North Request: Site and Building Plan/Special Use The applicant requests site and building plan and special use permit approval to construct a family life center (recreation center) addition to the church at 6030 Xerxes Avenue North. The property in question is zoned R1 and is bounded on the north by Brooklyn Drive, on the east by Garden City Park and the American Little League field, on the south by single-family homes, and on the west by Xerxes Avenue North. Churches are special uses in the R1 zoning district. As you will recall, this application was tabled on March 14, 1985, following the closing of the public hearing with the staff directed to report back to the Plan- ning Commission regarding the results of a neighborhood meeting proposed by Reverend Robert Cilke, Pastor of the church. (Your attention is directed to the attached Information Sheet relating to the proposal and also, to the Planning Commission minutes for March 14 involving this application.) The meeting was held at the church on Monday, March 18, 1985 and was well attended by the neighbors that had raised concerns and objections to the proposed expansion. Some of the issues raised involved the operation of the day care center, where it was noted that some children were occasionally getting into neighbors'yards and climbing on a neighbor's fence. Also, concerns were raised regarding a seeming lack of supervision of the children and inquiries as to why children played in the yard area between the church and the residences. The church's educational director was at the meeting and assured the neighbors that every effort possible would be put forth to provide better supervision. He noted that in the future the children would not be using the area between the church and the residences for play, other than the fenced in area already provided for the day care operation. He noted that other play areas or ball fields on the site would be utilized for play instead. Other concerns centered around the access at Washburn Avenue and parking on the street during church services or activities. There was much discussion regarding closing this access off, but it was noted that such an action might not substan- tially resolve traffic problems because of the day care center. The church is willing to look further at the possibility of closing or modifying this access and understands the neighbors'concerns. Reverend Cilke noted that they would discourage the congregation from using Washburn Avenue for parking purposes and access as much as possible. They also decided to provide directional signs on the site to discourage parking along the east side of the building and it was felt, that the new orientation of the building and the main access to the sanctuary would encourage a better use of the existing parking facilities on the north side of the site. I have discussed the possibility of closing Washburn Avenue further with the Director of Public Works. He has suggested that some visual rather than physical barrier at the entrance point might discourage some traffic along with some advisory signery. Regarding other issues, the church has agreed to provide some additional land- scaping along the south side of the building. Spirea will be placed along the south access ramp to the gymnasium and Ash trees are proposed to provide a visual break as well. Screening from the residential area was discussed as well. Most neighbors did not want to see a fence erected as a screening device, however, a "step --down screening fence" between the old parsonage and the neighboring property at 6006 Washburn Avenue is proposed and indicated on the site plan. 3-28-85 -1- Application No. 85005 The church has also indicated that they intend to get out of the transportation business by June of this year and will be getting rid of their buses, therefore, the concerns regarding the outside storage of these buses should be addressed at that time. All in all, I feel the meeting was very productive, giving neighbors the opportunity to voice concerns that they have had and also, the opportunity for the church to respond to those concerns. One additional item not discussed at the neighborhood meeting, nor a part of the previous Planning Commission report, is that there is an unscreened trash dumpster in the parking area which should be relocated and screened from public view. Approval of this application is recommended subject to at least the following conditions: 1. Building plans are subject to review and approval by the Building Official with respect to applicable codes prior to the issuance of permits. 2. Grading, drainage and utility plans are subject to review and approval by the City Engineer, prior to the issuance of permits. 3. A site performance agreement and supporting financial guarantee (in an amount to be determined by the City Manager) shall be submitted prior to the issuance of permits to assure completion of approved site improvements. 4. Plan approval acknowledges a proof -of -parking for up to 151 parking spaces which will meet the ordinance requirement. The applicant shall agree in writing, prior to the issuance of permits, to provide up to 151 parking stalls on the Brookdale Christian Center site in the event that the school property to the north is Sold. 5. The applicant shall enter into a utility hookup agreement prepared by the City Engineer, stipulating charges for additional connect- ions to City utilities, prior to the issuance of permits. 6. The garbage dumpster shall be removed from the parking lot and relocated to a more appropriate location and screened from public view. 7. If buses are to be stored on the Brookdale Christian Center site, following June of this year, the church shall propose and provide a means of screening these buses from public view. 3-28-85 -2- Planning Commission Information Sheet Application No. 85005 Applicant: Brookdale Christian Center Location: 6030 Xerxes Avenue North Request: Site and Building Plan/Special Use The applicant requests site and building plan and special use permit approval to construct a family life center (recreation center) addition to the church at 6030 Xerxes Avenue North. The property in question is zoned R1 and is bounded on the north by Brooklyn Drive, on the east by Garden City Park and the American Little League field, on the south by single-family homes, and on the west by Xerxes Avenue North. Churches are special uses in the R1 zoning district. The proposed addition is to include a fellowship hall/gymnasium as a two -storey space on the south portion of the addition and two storeys of other space on the north, including lockers, showers, restrooms, a prayer chapel and music room on the lower level and a large classroom, restrooms and foyer area on the upper level. The addition will allow six more rows of pews to be placed in the main sanctuary. There is presently seating for 302 in the existing church. With the addition, seating capacity will rise by 151 to 453. This results in a parking requirement of 151 parking stalls. The Brookdale Christian Center wh;ch also owns and operates the private school property to the north has total parking available of 155 stalls. If the school property were sold, additional parking would have to be provided on the church site. The applicant has submitted a proof -of -parking plan to provide 58 additional stalls on the church property, more than enough to meet the total requirement of 151 stalls. As a condition of approval, the church should be required to agree in writing to provide these additional stalls should the school property be sold and the City determines that a need for more parking exists. The proposed plan calls for no change in the access to the site. The only land- scaping improvements proposed are additional Spirea shrubs along the north side of the parking lot and on the west, between two accesses, to screen the parking lot from neighboring residential properties. A small amount of concrete curb is to be added in the parking area east of the building and to form a delineator to protect a row of parking adjacent to the north side of the building. The proposed plan provides handicapped access to the lower level recreation area via a ramp along the south side of the building. The exterior treatment of the addition is to be brick around the northerly two -storey portion and decorative concrete block around the gymnasium portion. The color of the block is to match the proposed brick. Utility service to the addition will probably come from services extended beyond Washburn Avenue North, east of the building. Utility hookups should be subject to a utility hookup agreement prepared by the City Engineer. Altogether, the plans appear to be in order and approval is recommended subject to at least the following conditions: I. Building plans are subject to review and approval by the Building Official with respect to applicable codes prior to the issuance of permits. 2. Grading, drainage, utility and berming plans are subject to review and approval by the City Engineer, prior to the issuance of permits. 3-14-85 -1- Application No. 85005 continued 3. A site performance agreement and supporting financial guarantee (in an amount to be determined by the City Manager) shall be submitted prior to to the issuance of permits to assure completion of approved site improvements. 4. Plan approval acknowledges a proof -of -parking for up to 151 parking spaces which will meet the ordinance requirement. The applicant shall agree in writing to provide up to 151 parking stalls on the Brookdale Christian Center church site, in the event that the school property to the north is sold, prior to the issuance of permits. 5. The applicant shall enter into a utility hookup agreement prepared by the City Engineer, stipulating charges for additional connections to City utilities, prior to the issuance of permits. 3-14-85 -2- The following ownerloccupants within 150 ft. have been notified of the proposed special use permit application submitted forBrookdale Christian Center under Application No. 85005 by Dennis Batty. 6000 Xerxes Avenue North 6006 " 6000 Washburn Avenue North 6001 " 6006 If 6007 It 6000 Vincent Avenue North 6001 " 6006 " 6007 " 6030 (B. C. Little League - Les Thurs, 6800 Abbott AVe. N.) 6201 Brooklyn Drive 6205 " 6211 " 6215 Applicant: Dennis Batty 6219 Dennis Batty & Assoc., Architects 6223 if 12800 Industrial Park Blvd. 6218 " Minneapolis, Mn 55441 Owner: Brookdale Christian Center Assemblies of God Church 6030 Xerxes Avenue North Brooklyn Center, MN 55430 Notic s Mailed By No By Not By , IL C2 zt E N. 12 10 APPLICATION 85005 .U- -W x :7T,F 71M NORT ci R5 C2 C2 0 S A H CD r_ me] ►uG a r a T O EAV 1 LY Wo,,M (F'KIMMiII.y �wa� r � .�iRR4GE EXPSr SAW M.l1. I I •s..-�-.-.c I{ •J 1 }� � EXrs(1nKr �uu�l �"1VsfIt�G J ?RKt�.laGE R651 cNCc s 1 •-}1 s f• ' .' rya Elf f��•��C! Wr - - •`- r '= ,�.�i y.i! 7b •�YG6"J ' t �xls-rNc a3�.T 'i I I ,N T163tstcYbN-� caxT q I 1 n C. 33.4Z \- 7rMAt txr-:r �.--�+ ea. Wt �F-X15j11� sRN. sEWEFCI� elob , 00k� ,r,,�a..r- WfK113UKtJ AVE. N,. 1 l e - �• v _ I -ems+. <.oc.-..:xy� o - rr. 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Cl�i1�Cy 7-WA Dttt 4,K G'� o7�.�e'f�� ►►fib iif I ,, fI Ll t ► � I 1 � u CITY OF BROOKLYN CENTER July 30, 1990 Reverend Robert Cilke Brookdale Christian Center 6030 Xerxes Avenue North Brooklyn Center, MN 55430 Re: Release of Performance Agreement Dear Reverend Cilke: 6301 SHINGLE CREEK PARKWAY BROOKLYN CENTER, MINNESOTA 55430 TELEPHONE 561-5440 EMERGENCY - POLICE - FIRE 911 This letter is to inform you that the Brooklyn Center City Council released the entire remaining obligation of your performance agreement at its regular meeting of July 9, 1990. Enclosed please find a copy of the minutes of that meeting pertaining to your project, and the financial instrument held by the City to insure completion of approved site improvements. Thank you for your cooperation in this matter. Yours truly, Gary Shallcross Planner GS:m11 Enclosures CITY OF BROOKLYN CENTER Council Meeting Date 7-9-90 Agenda Item Number Ea, REQUEST FOR COUNCIL CONSIDERATION ****************************************************************************************** ITEM DESCRIPTION: Performance Guarantee DEPARTMENT APPRDad7 : 1 Signature - title'Director-of Planning and Inspection MANAGER'S REVIEW/RECOMMENDATION:_7�6 J. "t',.: 'y No comments to supplement this report C ments below/attached ****************************************************************************************** SUMMARY EXPLANATION: (supplemental sheets attached _) The following performance guarantee is recommended for release: 1. Brookdale Christian Center 6030 Xerxes Avenue North Planning Commission Application No. 85005 Amount of Guarantee - $6,500 Letter of Credit Obligor - Brookdale Christian Center All site work has not been completed. The parking lot is striped; shrubs are in; and trash enclosure has been constructed. Recommend total release. Submitted by Gary Shallcross, Planner DEPARTMENT OF PLANNING AND INSPECTION CITY OF BROOKLYN CENTER PERFORMANCE AGREEMENT File No. 85005 This Agreement is entered into by Brookdale Christian Center hereinafter called the Developer and the City of Brooklyn Center, a Municipal Corporation, under the laws of the State of Minnesota, hereafter called the City. THE WORK The Developer has received approval of its Development Plans by the City Council of the City (pursuant to City Ordinances), subject to the execution of this Performance Agreement, pursuant to the City Council approval of April 8, 1985 and in accordance with said Development Plans all of which are made a part 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 aforesaid Approval, and as hereinafter set forth, upon the real estate described as follows: 6030 Xerxes Avenue North The Work shall consist of the improvements described in the Development Plans, in the aforesaid Approval (to include any approved subsequent amendments) and shall be in compliance with all applicable Statutes, Codes and Ordinances of the City. COMPLETION DATE The undersigned Developer agrees that the said Work shall be completed in its entirety on or before the 5th day of August 19 86, and no extension of time shall be valid un- less the same shall be approved in 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 extend the time for completion or to exercise other remedies hereunder shall 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 City'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 final inspection by employees of the City. MAINTENANCE The Performance Agreement, in its entirety, shall remain in full force and effect for a period of one year after actual completion of the Work to determine that the useful life of all Work performed hereunder meets the average standard for the particular industry, profession, or material used in the performance of the work. Any work not meeting such standard shall not be deemed complete hereunder. Notice of the date of Actual Completion shall be given to the Developer 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 escrow, a bond issued by an approved corporate surety licensed to do business in the State of Minnesota and executed by the Developer as principal, or other Financial Guarantee as approved by the City Manager of the City, in the amount of $ 6.500.00 . Such Financial Guarantee shall continue in full force and effect until the City Council shall have by motion approved and accepted all of the Work undertaken to be done, and shall thereby have released the Surety and/or Developer from any further liability; provided however, that the City Council may by motion 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 full and faithful performance of all elements of this Agreement and upon compliance with all applicable Statutes, Codes, and Ordinances of the City, and shall further be subject to the following provisions which shall be deemed to be incorporated in such Financial Guarantee and made a part thereof. NOTICE The City shall be required to give prior notice to the corporate surety and the Developer of any default hereunder before proceeding to enforce such Financial Guarantee or before the City undertakes any work for which the City will be reimbursed through the Financial Guarantee. ,!ithin 10 days after such notice to it, the surety shall notify the City in writing of its in- tention to enforce any rights it might have under this Performance Agreement or any Performance i>ond by stating in writing the manner in which the default will be cured and the time within which such default will be cured, said time not to exceed 60 days unless approved by the City. (over please) REMCDIESS 10R BREACH At any time after the Completion date and any extensions thereof, or during the Maintenance Period, if any of the work is deemed incomplete, the City Council may proceed in any one or more 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- uiider 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 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 event that 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 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 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 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 Agreement, properly executed, together with the appropriate Financial Guarantee shall be submitted to the City. IN WI NESS WHEREOF, the Developer and the City have executed this Agreement this day of 19 _gS Subscribed and si�q rn to before me this _ day of 19 235- ��17M'F-t-d/ .� I n✓ 4rl A /L Zoning"ffidal P/I Form No. 23 Rev. 6-77 IV - TO: aFirsf c2rovkdale c3untf 5620 BROOKLYN BLVD. • BROOKLYN CENTER, MINNESOTA 55429 • 612/561-2530 IRREVOCABLE LETTER OF CREDIT NO.' 43 Dated this 30th day of July , 1985 AMOUNT $ 6,500.00 City of Brooklyn Center 6301 Shingle Creek Parkway Brooklyn Center, Mn. 55430, hereinafter called the City FROM: First Brookdale State Bank 5620 Brooklyn Boulevard Brooklyn Center, Mn. 55429 RE: Brooklyn Center Assembly of God Church 6030 Xerxes Avenue North Brooklyn Center, Mn. 55430 The City is a Municipal Corporation under the laws of the State of Minnesota and on the 8th day of April , 1985 , approved the following project: As a condition of such approval, the City has required the execution by the Developer of a Performance Agreement and has required a Financial Guarantee to insure the construction described in the Performance Agreement. The Developer has made application to the Bank for a letter of credit, a copy of which is attached hereto and made a part hereof by reference, to be used as the said Financial Guarantee. The Bank is chartered to conduct bank business within the State of Minnesota at the address above indicated, and is empowered to issue letters of credit. By the signature of Frank F. Slawson, Sr.VP, and Steven C. King VP, _Commercial Loan Officers of the bank, endorsed hereon, this document is an irrevocable letter of credit under the.Uniform Commercial Code, MSA,#336.5. This letter of credit shall remain irrevocable until cancelled by ,one of the following methods: 1) By appropriate written cancellation executed by proper officials of the City of Brooklyn Center; 2) At any time after the project completion date, the 5th day of August , 1986 , the Bank may serve the City by certified mail, its written intention to cancel this letter of credit. Cancellation shall be effective on the 31st day after notice of cancellation is received. Any documentary Demand for payment delivered to the Bank within the said thirty (30) day period shall be honored under this letter of credit, regardless of any extensions of time previously granted by the City to the Developer beyond the above named date. Upon delivery by Registered Mail of a Ducumentary Demand for Payment at the office of the Bank above described, the Bank will, on or before the fourth (4th) business day after such a delivery, pay to the City by Registered Return Mail, the amount demanded in the Documentary Demand for payment, not to exceed the amount of this letter of credit above stated. The Documentary Demand for Payment shall consist of the following documents: 1. The Performance Agreement signed by the Developer and the City, together with the Minutes of the City Council meeting approving the project. 2. The Inspection Report signed by the Planning Director or the Director of Public Works of the City, detailing the deficiencies in the Developer's performance of the construction work approved. 3. The Minutes of the City Council meeting approving the Inspection Report and ordering completion of the construction work with City forces or City contractors and further providing for the collection of the costs thereof from the Bank. Any funds received by the City prusuant to this letter of credit shall be used only for the improvements described herein, but including legal, engineering, planning and other administrative costs, if any, incurred by the City in exercising its rights under this letter of credit. Any excess funds remaining on deposit with the City after completing the improvements, after subtracting the legal, engineering, planning and other administrative costs, if any, shall be returned to the Bank. The City shall be the sole judge of performance by the Developer of the work described in this letter of credit. Yours truly, Frank F. Slawson, Sr. Vice President and Xtfi,4idin C. King, Vic President July 30, 1990 Marquette Bank Brookdale 5620 Brooklyn Boulevard Brooklyn Center, MN 55429 Re: Letter of Credit No. 43 To Whom It May Concern: This letter is to inform you that the Brooklyn Center City Council released the entire remaining obligation of the performance agreement being held for Brookdale Christian Center, 6030 Xerxes Avenue North. A copy of the excerpt from the minutes of the July 9, 1990 City Council is enclosed which confirms this release. A copy of the letter of credit is also enclosed. Sincerely, Gary Shallcross Planner GS:mll