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HomeMy WebLinkAboutPC89005 - Freeway Blvd & James Circle (1601 Freeway Blvd)PLANNING COMMISSION FILE CHECKLIST File Purge Date:—,, FILE INFORMATION Project Number: 1991006- 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: -,&ncJscu,0e. f C�tYrdeh � .�u�dnerrx°� �`P�JIz�/cr»� 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 Minutes: City Council Information Sheet Packet Document Type Resolutions: Planning Commission In Resolutions: City Council Ordinances: City Council Office City Clerk Office Number Location Office City Clerk City Clerk CITY OF BROOKLYN CENTER PLANNING COMMISSION APPLICATION Application No. 89005 Please Print Clearly or Type Street Location of Property Freeway Blvd and James Circle Legal Description of Property Lot 1, Block 1, Richardson Addition Owner Richardson Properties, Inc. (Seller) Address 1410 Richardson Building, 1^7innepag, Canada Phone No.(204) 934-5811 Applicant Border States Foods, Inc. (Purchaser Address 221 Broadway, Alexandria, Minnesota -57'�,-0 V Phone No.(612) 762-0640 Type of Request: Rezoning Subdivision Approval Variance x Site & Bldg. Plan Approval x Special Use Permit Other: Description of Request: See attached 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 the application shall not relieve the applicant of "bli ation to pay costs incurred prior to withdrawal. Fee $ 300.00 Receipt No. 79450 Date: PLANNING COMMISSION RECOMMENDATION Dates of P.C. Consideration: &)L cant's Signature ApprovedDenied this day of 19 subject to the following conditions: CITY COUNCIL ACTION Dates of Council Consideration: I Approved ` % Denied this day of z-- A9 ',q with the following amendment: Cle P/I Form No. 18 (over please) CITY OF BROOKLYN CENTER, MINNESOTA 6301 Shingle Creek Parkway 55430 PROCEDURES AND REQUIREMENTS FOR FILING APPLICATION FOR SITE AND BUILDING PLAN APPROVAL Prior to submission of an application for plan review and approval, prospective applicants should arrange an informational meeting with the Planning Staff to discuss preliminary plans and to become familiarized with applicable ordinance and policy provisions. Four (4) copies of the following documents and information shall be submitted, at least 14 days prior to the date of the regular Commission meeting, concurrent with filing the application (required documents must be consistent with ordinance and policy provisions before an application imiay be accep - d ) 1. A certified site survey drawing by a registered engineer or land surveyor showing pertinent existing condition, accurately dimensioned. 2. *An accurately scaled and dimensioned site plan indicating: a) parking layouts and access provisions, including calculation of ordinance parking requirements; b) designations and locations of all proposed buildings and required setback lines; c) fences, walls or other screening, including heights and type of material; d) outside lighting provisions, type and location (foot candle strength at property line must be calculated); e) curbing (B612 curb and gutter is required). Indicate radius measurements; f) building information, including: gross floor area, type of construction and occupancy classification. 3. *A landscape plan showing areas to be sodded or seeded, quantity, location, size and species of trees and shrubbery. (Note: underground irrigation is required in all landscaped areas in commercial and industrial districts. Plans must be so noted). 4. *Building floor plans, elevations, sections and specifications, including materials proposed. 5. *Existing and proposed land elevations, drainage provisions, and utility provisions, including the diameters of utility lines. 6. Additional drawings, plans or information deemed necessary by the Secretary. *Must be prepared by a registered architect or person registered with the State Board of Registration for Architects, Engineers, Landscape Architects and Land Surveyors, and said drawings/plans shall be so certified. NOTE: Upon approval of plans by the Council and prior to issuance of permits, a Performance Agreement as to approved site improvements and a supporting financial guarantee, in an amount to be determined by the City, are required. Acceptable financial instruments include cash escrow; certificate of deposit; and performance bond. Copies of the Zoning Ordinance may be obtained from the Administrative Office. Questions should be directed to the Planning and Inspection Department. P/I Form No. 19 Planning Commission Information Sheet Application No. 89005 Applicant: Border States Foods Location: Freeway Boulevard and James Circle (new east leg) Request: Site and Building Plan/Special Use Permit Location/Use The applicant requests site and building and special use permit approval to construct a Hardees restaurant at the as -yet -to -be -constructed intersection of Freeway Boulevard and James Circle (east leg). The property in question is presently zoned I-1 (however, it is covered in a City -initiated rezoning to C2 under Application No. 89003) and is bounded on the north by Freeway Boulevard, on the east by the new, easterly leg of James Circle, on the south by vacant land (also included in the rezoning to C2), and on the west by the Earle Brown Bowl. Convenience food restaurants are presently allowed by special use permit in the I-1 zone and are also allowed by special use permit in the C2 zoning district. Access/Parking The plan calls for a single access to the site via a 30' wide driveway off James Circle at the southeast corner of the site. The plan calls for a drive -up window on the west side of the building and an order speaker somewhat northwest of the building. Stacking for the drive -up lane is expected to fill the driving lanes north and east of the building. Parking east of the building will be 900, but spaces along the north, west, and south sides of the lot will be angled, promoting a counter -clockwise flow, paralleling the drive -up circulation. A 2' wide concrete median separates the drive -up from the parking lot driving lane. The proposed restaurant is to have 11.8 seats and 20 employees. At one space per two seats plus one space per two employees, the parking requirement is 69 spaces. Precisely 69 spaces are provided on the plan. The proposal, therefore, complies with parking requirements. Landscaping The landscape plan calls for minimal landscaping other than numerous shrubs adjacent to the building. The plan calls for four American Linden (2 112t1 diameter), 60' apart along the new leg of James Circle (in the easterly greenstrip of this site). Other than that, the plan calls for two Radiant Crabs, one at the northwest corner and one at the southwest corner of the site. All of the remaining plantings are shrubs located around the foundation of the building and around a proposed freestanding identification sign at the northeast corner of the site, and around an entrance sign north of the access drive. No berming was shown on the plan submitted. We have informed the contractor of the need for parking lot screening along the north and east sides of the site adjacent to public streets. A revised plan should show berming in these areas. We would also recommend that the Commission discuss landscaping with the applicant. Although the number of plantings meets the requirements of the landscape point system used to evaluate landscape plans, the general level of plantings is minimal and provides little visual relief on the site. We would recommend the addition of more trees - perhaps coniferous trees - along the Freeway Boulevard greenstrip. Sod has been indicated in all perimeter green areas and underground irrigation has also been noted, as required. Drainage and Utilities The grading plan calls for runoff to drain basically from west to east. Two catch 2-16-8 9 -1- Application No. 89005 continued basins are proposed, one at the northeast corner and one at the southeast corner of the parking lot. The catch basins will be connected by 12" storm sewer lines to a catch basin in James Circle. An 18" line in James Circle will convey runoff southward to a holding pond south of the bend in James Circle. The holding pond will drain out into a 21" line flowing north to the 60" storm sewer in Freeway Boulevard. Drainage calculations for a 5-year and 100-year storm have been submitted to the City Engineer for review. The plan calls for a hydrant to be placed just inside the north property line. The Fire Chief has recommended that the hydrant be placed either in the green area north of the building or near the common property line with the vacant parcel to the south so as to serve both sites. There is an 8" line coming off the main in Freeway Boulevard which could serve both a hydrant and a service to the building rather than having separate lines for each. Sanitary sewer service will extend from the east side of the building to a new sanitary main in James Circle (east leg). Building The applicant proposes a 4,285 sq. ft. light brick building with a mansard treatment carried continuously around the building. Signs are indicated on the wall and on the mansard. As long as the mansard is carried entirely around the building, the mansard signs can be considered wall signs (as opposed to roof signs). Windows around the seating area (roughly the north one third of the building) are proposed to be 1" insulated and bronze tinted glass. Lighting/Trash The plan calls for a trash enclosure on a concrete pad at the southwest corner of the parking lot. Proposed lighting raises some concerns. The site plan calls for four 30' high poles, two on the east side of the site and two on the west. Each pole is to have three 400 watt high pressure sodium luminaires, tilted at least 250 to shine out on the building. We are not as concerned with those lights that shine directly on the building as much as with the four fixtures that will shine off in a northerly direction, projecting some glare toward Freeway Boulevard. While the level of lighting, measured in foot-candles, is within the 10 foot candle limit established in Section 35-712 of the Zoning Ordinance, we believe the projection of light off the premises is inconsistent with that section which requires illumination to be concentrated on the property. It also provides that "no glare shall emanate from or be visible beyond the boundaries of the illuminated premises". The southerly as well as the northerly lamp on each pole will shine onto the property to the south. This may not be unwelcome in a commercial district, but it is contrary to the direction of the ordinance. We would recommend a condition calling for modification of these light fixtures to comply with Section 35-712, ie. no tilt of the northerly or southerly lamps. Special Use Standards The proposed convenience food restaurant is presently an acknowledged special use in the I-1 zoning district. (As the Commission is aware, the City has initiated a rezoning of this and neighboring properties to C2, in which convenience food restaurants are also acknowledged as a special use. Accompanying the rezoning is an ordinance amendment which would, among other things, eliminate convenience food restaurants from the I-1 zone) . All special uses are subject to the standards set forth in Section 35-220, Subsection 2 (attached). The applicant has submitted a brief statement (attached) asserting that the Standards for a Special Use Permit are met by the proposed Hardees restaurant. 2-16-89 -2- Application No. 89005 continued We agree that the proposed restaurant will not endanger the public health, safety, morals or comfort. We also anticipate no negative impact on property values within the neighborhood. The establishment of the proposed restaurant should not impede the normal and orderly development of surrounding property. In fact, the seller of the site (Richardson and Sons) expects that the installation of the roadway and the construction of the restaurant will stimulate further development of the remaining vacant land south of Freeway Boulevard. Finally, ingress, egress and parking have been so designed as to minimize traffic congestion in the public streets. The location of the single access drive relative to the drive -up window will insure that stacking for the drive -up business is accommodated on site and will not spill out onto James Circle or Freeway Boulevard. Recommendation In general, the plans appear to be in order and approval is recommended, subject to at least the following conditions: 1. The special use permit is issued for the construction and operation of a convenience food restaurant with a drive -up window. No other uses are comprehended. 2. The special use permit is subject to all applicable codes, ordinances and regulations and any violation thereof shall be grounds for revocation. 3. Building plans are subject to review and approval by the Building Official with respect to applicable codes prior to the issuance of permits. 4. Grading, drainage, utility and berming plans are subject to review and approval by the City Engineer, prior to the issuance of permits. 5. 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. 6. Any outside trash disposal facilities and rooftop mechanical equipment shall be appropriately screened from view. 7. The building is to be equipped with an automatic fire extinguishing system to meet NFPA standards and shall be connected to a central monitoring device in accordance with Chapter 5 of the City Ordinances. 8. An underground irrigation system shall be installed in all landscaped areas to facilitate site maintenance. 9. Plan approval is exclusive of all signery which is subject to Chapter 34 of the City Ordinances. 10. B612 curb and gutter shall be provided around all parking and driving areas. 2-16-89 -3- Application No. 89005 continued 11. The applicant shall submit an as -built survey of the property, improvements and utility service lines, prior to release of the performance guarantee. 12. The property owner shall enter in an Easement and Agreement for Maintenance and Inspection of Utility and Storm Drainage Systems. 13. Site lighting shall conform with the requirements of Section 35- 712 of the Zoning Ordinance. Pursuant to this end, the plans shall be revised, prior to issuance of building permits, to eliminate the tilt of the north and south lamps on all four light poles on the site. 14. One on -site hydrant shall be required in a location to be approved by the Fire Chief. 15. The landscape plan shall be revised, prior to consideration by the City Council, to indicate berming in the greenstrips adjacent to Freeway Boulevard and James Circle to provide parking lot screening. The landscape plan shall be further revised, prior to the issuance of permits, to indicate additional plantings as requested by the Planning Commission and City Council in keeping with community standards. 16. Building permits shall not be issued for the project until the plat comprehended under Planning Commission Application No. 88024 has been given final approval by the City Council and filed with Hennepin County. 2-16-89 -4- -OPEN SPACE I,o,� � ) ---- � ,�' iod�xW� 5a.i�z � �•'J E Art' e ri Cf �- t�' _ G.6•! H' 7/7- ��xLa to � / • � �p ry � �H� F -4 � � , I I 1 T iv 1 E}•G•9iG� 5 ia'•�'' �,.od I 43'-O'� � tpr,ipScPF-� — I PL a �'apt lh R;ly I I it VEI: �_ ' lbep 1G� It ' Cr-094o o� y 11.51 TlLr t1.5 T-ILr ♦,51 vl/yi -I�R• n 25'-0' � 4 ) �� � 2.5 � r�Go �� • it 79,E 3 UIICeR C{(�Np N q' � r'�r • o �I.r✓GT ��tv 13 q.>L, 6�1,�� q�-o�=111'-0� /� � - _ xxr`,�—',� • �R• Ott' I� Y �u��ya►ro 844.8 'a44.b' - --- ►65,p1�---��•�'��1;t_ I'fzr1 GN - - -10 F;�-t rPPArE Upbry eAkA+^rtT ir �uIJ�PE'� �JDIANT �SGA (7`Z6bf / SUN PECi ---- ul -- `'- G Eta uN� I UNIp�(� wiz Io N U"o,c, 7 �7 I UNI�C�NN, Exp eEN � JUNIp�R ' GYJI7 p.c, -d v `�I i.ou n, c, �• �0 5 G I� � N SiC�N II •� �b � W�NG6l'�—tr--� Ij Gf`�Ch�--V7 yJl � I i GRab I � _.....................-- -- b I I � September 24, 1990 Paul Gray Paul S. Gray Company 1301 Cannon Circle - Box 431 Faribault, MN 55021 Dear Mr. Gray: 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 September 10, 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:mll d 4 � C MINUTES OF THE PROCEEDINGS OF THE CITY COUNCIL OF THE CITY OF BROOKLYN CENTER IN THE COUNTY OF HENNEPIN AND THE STATE OF MINNESOTA REGULAR SESSION SEPTEMBER 10, 1990 CITY HALL CALL TO ORDER The Brooklyn Center City Council met in regular session and was called to order by Mayor Dean Nyquist at 7 p.m. ROLL CALL Mayor Dean Nyquist, Councilmembers Celia Scott, Todd Paulson, Jerry Pedlar, and Philip Cohen. Also present were City Manager Gerald Splinter, Director of Public Works Sy Knapp, Director of Planning and Inspection Ron Warren, City Attorney Charlie LeFevere, City Engineer Mark Maloney, Personnel Coordinator Geralyn Barone, Public Works Coordinator Diane Spector, and Administrative Aide Patti Page, INVOCATION The invocation was offered by Dwight Gunberg of the Brooklyn Center Prayer Breakfast Committee. OPEN FORUM. Mayor Nyquist noted he had received a request for the open forum session this evening; however, it pertains to an item which is currently on the agenda. He noted he would take up the open forum request during this agenda item. CONSENT AGENDA Mayor Nyquist inquired if any Councilmembers requested any items removed from the consent agenda. No requests were made. APPROVAL OF MINUTES - AUGUST 13 1990 - REGULAR SESSION There was a motion by Councilmember Scott and seconded by Councilmember Pedlar to approve the minutes of the August 13, 1990, City Council meeting. The motion passed unanimously. / PERFORMANCE BOND RELEASES V There was a motion by Councilmember Scott and seconded by Councilmember Pedlar to approve release of the performance bond for Earle Brown Farm patio homes, 6800 York Place. The motion passed unanimously. There was a motion'by Councilmember Scott and seconded by Councilmember Pedlar to approve release of the performance bond for Hardees Restaurant, 1601 Freeway Boulevard. The motion passed unanimously. RESOLUTIONS RESOLUTION NO. 90-182 Member Celia Scott introduced the following resolution and moved its adoption: 9/10/90 U- LL- C) C) F- UJ 1--i cl: CL LLJ r") S- (L) (A -P 4- to �:: LO to C) C) a) 00 S- -4-) (V -a S- O (1) LL- 0 4-) to 0 CL S.- 0 0 to U > it (V 4-3 s- 4-) CD c u (3.) 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S (D (D -+ << _ rD (D (D n � rD -". c+ -3• (D Ca.O (D (0(--, C -+• Y w O O R -5 (RD O r+ � O n cC-r o (D (D o a -+ a R (D O 77 (D O (DD70((D=(D� V) (D n (0 u a O ci- N O a (/) < (D o � a V) O (D (D (D -' c+ (D n c+ Pi 0" =r J. J. (D 0- C (D O rF O O + � N ( rD r-) o C- O=r • c+ 0 O O (D r+ c N S-h0 S O u O-1 J• S (D c J•c+J(D C-) (D n (D J. -g _, a o ct w c (G c+CLO J. J. CZ 00 -50 O (0 O O -g O 0' (D R -+)cnmc r+ O CL -s Ct J J. .J J. .�. (D o (D O (Q -5 (+ c+ a H- J J• (DO (D CL o 3 (D (D a (D �• N CL 0 0 ?�Ro rD rD o a O (D J O ;a M m m N CD ]O co ;o m D n AIVERICAN INSURANCE COMPANY OH I O Bond No. 3 35 51 13 PERFORMANCE BOND KNOW ALL MEN BY THESE PRESENTS, That we, PAUL S. GRAY CO. INC. 1301 Cannon Circle Faribault, Mn. 55021 as Principal, and the GREAT AMERICAN INSURANCE COMPANY, a corporation organized under the laws of the State of Ohio and duly organized to transact business in the State of Minnesota as Surety, are held and firmly bound unto CITY OF BROOKLYN CENTER, MN. 55430 as Obligee in the sum of THIRTY-FIVE THOUSAND -------------------------------------- no/100-- Dollars, ($ 35 t 000. 00 ), for the payment whereof well and truly to be made the Principal and Surety bind themselves, their heirs, executors, administrators, successors, and assigns, jointly and severally, firmly by these presents. SIGNED, sealed and dated this 16th day of March 19 89 WHEREAS the Principal and the Obligee have entered into a written contract, hereinafter called the Contract, a copy of which is or may be attached hereto, dated the 16th day of March ,1969 ,for Construction of a Hardee's Restaurant Irving Ave. and Freeway Blvd. Brooklyn Center, Mn. 55430 NOW, THEREFORE, the condition of the foregoing obligation is such that if the Principal shall indemnify the Obligee for all loss that the Obligee may sustain by reason of the Principals failure to complete the work in accordance with the terms of the contract, then this obligation shall be void; otherwise it shall remain in force. PROVIDED, HOWEVER, it shall be a condition precedent to any right of recovery hereunder that, in event of any default on the part of the Principal, a written statement of the particular facts showing the date and nature of such default shall be immediately given by the Obligee to the Surety and shall be forwarded by registered mail to the Surety at its Administrative Office at 580 Walnut Street, Cincinnati, Ohio 45202. AND PROVIDED FURTHER, that no action, suit or proceeding, except as hereinafter set forth, shall be had or maintained against the Surety on this instrument unless the same be brought or instituted and process served upon the Surety within twelve months after completion of the work mentioned in said contract, whether such work be completed by the Principal, Surety or Obligee; but if there is any maintenance or guarantee period provided in the contract for which said Surety is liable, an action for maintenance may be brought within six months from the expiration f the maintenance period, but not afterwards. t PAUL S. GREAT AMERICAN INSURANCE COMPANY F.96080— 6/78 Printed In U.S.A. By; Eleanor M. AT fact GIEAT AIVERICAV.. IN URMCE COMPANY The number of persons authorized by ' this power of attorney is not more than No. 0 11826 THREE POWER OF ATTORNEY KNOW ALL MEN BY THESE PRESENTS: That the GREAT AMERICAN INSURANCE COMPANY, a corporation organized and existing under and by virtue of the laws of the State of Ohio, does hereby nominate, constitute and appoint the person or persons named below its true and lawful attorney -in -fact, for it and in its name, place and stead to execute in behalf of the said Company, as surety, any and all bonds, undertakings and contracts of suretyship, or other written obligations in the nature thereof; provided that the liability of the said Company on any such bond, undertaking or contract of suretyship executed under this authority shall not exceed the limit stated below. Name Address Limit of Power STUART E. THIBODEAU ALL OF ALL LILLIAN L. THIBODEAU FARIBAULT, MINNESOTA UNLIMITED ELEANOR M. VELZKE This Power of Attorney revokes all previous powers issued in behalf of the attorney(s)-in-fact named above. IN WITNESS WHEREOF the GREAT AMERICAN INSURANCE COMPANY has caused these presents to be signed and attested by its appropriate officers and its corporate seal hereunto affixed this 25 th day of June ,19 80 Attest GREAT AMERICAN INSURANCE COMPANY i STATE OF OHIO, COUNTY OF HAMILTON — ss: On this 25th day of June, 1980 , before me personally appeared ROBERT M. SCHUDER, to me known, being duly sworn, deposes and says that he resided in Cincinnati, Ohio, that he is the Vice President of the Great American Insurance Company, the Company described in and which executed the above instrument; that he knows the seal; that it was so affixed by authority of his office under the By -Laws of said Company, and that he signed his name thereto by like authority. s ".1MY, b,r� This Power of Attorney is granted by authority of the following resolutions adopted by the Board of Directors of Great American Insurance Company by unanimous written consent dated August 20, 1979. RESOL VED: That the President, the several Vice Presidents and Assistant Vice Presidents, or any one of them, be and hereby is authorized, from time to time, to appoint one or more Attorneys -In -Fact to execute in behalf of the Company, as surety, any and all bonds, undertakings and contracts of suretyship, or other written obligations in the nature thereof- to prescribe their respective duties and the respective limits of their authority; and to revoke any such appointment at any time. RESOL VED FURTHER: That the Company seal and the signature of any of the aforesaid officers may be affixed by facsimile to any power of attorney or certificate of either given for the execution of any bond, undertaking, contract or suretyship, or other written obligation in the nature thereof, such signature and seal when so used being hereby adopted by the Company as the original signature of such officer and the original seal of the Company, to be valid and binding upon the Company with the same force and effect as though manually affixed. CERTIFICATION I, W. R. Bily, Secretary of the Great American Insurance Company, do hereby certify that the foregoing Power of Attorney, and the Resolutions of the Board of Directors of August 20, 1979 have not been revoked and are now in full force and effect. Signed and sealed this 16thday of March 19 89 S-1029G —12/79 Printed in U.S.A. CITY OF BROOKLYN CENTER Council Meeting Date 9/10/90 Agenda Item Number REQUEST FOR COUNCIL CONSIDERATION ITEM DESCRIPTION. - Performance Guarantee Release ***************************************** Signature - title Director of Planning and Inspection ****************************************************************************************** MANAGER'S REVIEW/RECOMMENDATION: No comments to supplement this report Comments below/attached SUMMARY EXPLANATION: (supplemental sheets attached The following performance guarantee is recommended for release: 1. Earle Brown Farm Townhouses 6800 block of York Place Planning Commission Application No. 84031 Amount of Guarantee - $15,000 bond Obligor - Cyro Associates All landscaping for the units that have been built is in and viable. Parking spaces have been installed and striped. An as -built utility survey has been submitted and was approved by the City Engineer. Of the 12 units that were to be built in this project only 4 have been built. The area of the 8 undeveloped lots is in a condition that can be maintained by occasional mowing. The obligor wishes release of the bond at' this time. A new bond will be required before building permits for the remaining units are issued. All improvements are in an acceptable state as of this time. Recommend total release. 2. Hardees 1601 Freeway Boulevard Planning Commission Application No. 89005 Amount of Guarantee - $35,000 bond Obligor - Paul S. Gray Co., Inc. All improvements are installed. Landscaping appears viable. Utility corrections have been made and an as -built utility survey has been submitted and was approved by the City Engineer. Recommend total release. Submitted by Gary Shallcross, Planner