Loading...
HomeMy WebLinkAboutPC97007 - 1700 67th AveCity of Brooklyn Center Planning Commission Application Application No_ Q%G U �% Please Print Clearly or Type Street Location of Property 1700 6-7T" Ate, i-4. Legal Description of Property (�F &I,—=Tg;Fz� L A61D OURVf-I ® l 15 �L—l— F1LES OF 114EP10S mF "Ci S, N��i�l��a CC�UN Owner -POC 141vi �"-ZfTIQ P1q11Z271 N)ff1l2(1-H(P Phone No. Address `7Ci l `7/e'���30 Applicant Phone No. Address Type of Request: 11 Rezoning 0 Variance 11 Subdivision Approval ElOther: 11 Special Use Permit 10 Site & Building Plan Approval Description of Request: AVC)J ()t4 -M .714E H®F%®1 -rpE E� NC 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 statement, 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 the. obligation to pay costs incurred prior to withdrawal. Fee $ .500 o o Receipt No. 40 4356,Ll Dates of P, C. Consideration: C Applidant's SF nature Date : -//-3-I? PLANNING COMMISSION RECOMMENDATION Approved `Denied this following conditions: �/--07-LZ day of �,, , % 19 %, subject to the CITY COUNCIL ACTION Dates of Council Consideration: n -';r Approved amendment. Chairman Denied this day of� with the following Clerk 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 may be accepted): 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. S. *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. Question should be directed to the Planning and Zoning Specialist at 569-3330. Procedures & Requirements for Fling Application for Site & Bldg ?Ian Approval April 18, 1997 Arthur Popehn General Partner Limited 1700 67th Ave N Brooklyn Center MN 55430 Dear Arthur: Please be advised that the City Council of the City of Brooklyn Center will review Planning Commission Application No. 97007, submitted for Site and Building Plan approval, at its meeting on Monday, April 28, 1997 in the City Hall Council Chambers, 6301 Shingle Creek Parkway. This City Council Meeting begins at 7:00 p.m. and this matter will be considered as soon thereafter as the City Council's agenda will permit. The applicant or a designated representative must be present at this meeting. Auxiliary aids for persons with disabilities are available upon request at least 96 hours in advance. Please contact the City Clerk at 569-3300 to make arrangements. If you have questions or comments regarding this matter, please contact me. Sincerely, Ronald A. Warren Planning Commission Secretary RAW : rsc cc: 97007 facsimile TRANSMITTAL M fax M a.. "J re: date: pages: [Pages including, this cover sheet. CN-t 12' Cl 7 V LZ-,'AJ eL Q. z� C) b Ale From the desk of.. Ronald A. Warren Planning & Zoning Specialist CITY OF BROOKLYN CENTER 6301 Shingle Creek Pkwy Brooklyn Center MN 55430 <Telephone 569-3300> Fax: 569-3494 April 4, 1997 Arthur Popehn General Partner Limited 1700 67th Ave N Brooklyn Center MN 55430 Dear Arthur: Please be advised that the Planning Commission of the City of Brooklyn Center will review Planning Commission Application No. 97007, submitted for Site and Building Plan approval, at its meeting on Thursday, April 17, 1997, at approximately 7:30 p.m. in the City Hall Council Chambers, 6301 Shingle Creek Parkway. The applicant or a designated representative must be present at this meeting. Auxiliary aids for persons with disabilities are available upon request at least 96 hours in advance. Please contact the City Clerk at 569-3300 to make arrangements. If you have questions or comments regarding this matter, please contact me. Sincerely, Ronald A. Warren Planning Commission Secretary RAW :rsc cc: File No. 97007 BERNARD HERMAN ARCHITECTS, INC. 4825O|oon K0omohu| Highway Sto, 230 K8|NNEAPOL|S, PW|NNESOTA55422 ' ATTENTION WE ARE SENDING YOU 1:1 Attached El Under separate cover via the following items: OShop drawings El Prints El Plans El Samples El Specifications El Copy of letter 0 Change order R COPIES DATE NO, DESCRIPTION THESE ARE TRANSMITTED oochecked below: [&1�oropprova| [] Approved aasubmitted OFor your use El As requested OApproved oanoted UReturned for corrections OFor review and comment O UFOR BIDS DUE OReoubmK_____-oopioofor approval O Qubmit_____oopi*a for distribution OReturn -corrected prints 19- El PRINTS RETURNED AFTER LOAN TO US COPY TO PRODUCT239 Groton, Mass. 01471. To Order PHONE TOLL FREE I-M225-6380 SIGNED: xenclosures are not as noted, kindly notify usmonce. ~''~ ' CITY OF BROOKLYN CENTER \� CASHIER: CDS TERMINAL HU: 496 � DATE: 04/03/97 TIME: i6:2O:3O lD: | NAME: POP[HN LIMITED ' 9OOi 33iO PLANNIN COMMISSIO 5OU OO i ^ | i Total Receipt Amount: 5OO.00 � RECEIPT #: CR043564 � USER ID: REGISTER Planning Commission Information Sheet Application No. 97007 Applicant: Popehn Limited Partnership (Hiawatha Rubber Company) Location: 1700 67th Avenue North Request: Site and Building Plan Approval The applicant is requesting Site and Building Plan Approval to construct a 180 ft. by 208 ft. (37,440 sq. ft.) addition to the existing Hiawatha Rubber Company building which is located at 1700 67th Avenue North. The property in question is zoned I-1 (Industrial Park) and this light manufacturing facility is a permitted use in this zoning district. The subject site is located on the north side of 67th Avenue where it intersects with James Avenue North. It is bounded on the west, east and south by other I-1 zoned land and on the north by R-5 (Multiple Family Residence) zoned property. The Medtronic facility is immediately to the west of the subject site; the Earle Brown Farm Apartments are to the north; the TCR Corporation is located to the east; and 67th Avenue and other industrial uses are to the south. The proposed addition would be to the north side (or back) of the existing building and would add a manufacturing and warehousing area to this building. ACCESS/PARKING Access to the site would remain unchanged and would be via 67th Avenue and James Avenue North. The parking lot that is currently located along the east side of the building would be extended all the way back to within 15 ft. of the rear property line. This area would serve as loading space for the expanded building and additional parking for the site. Currently there are 49 parking spaces serving the existing building with seven being in the front along 67th Avenue North. One of these parking spaces is a designated handicap parking space. Forty-two existing parking spaces are located along the east side of the building and an additional 50 parking spaces would be constructed along the east side to the rear of the proposed loading area. Thirty-six more parking spaces could be constructed in back of the building, but the applicant has proposed to defer these parking spaces and to install them only if they would be needed in the future. The parking requirement for the total 77,047 sq. ft. building would be 113 parking spaces. This is based on 4,583 sq. ft. of office requiring 23 parking spaces (at one parking space for every 200 sq. ft. of gross floor area) and 72,400 sq. ft. of manufacturing/warehouse space requiring 90 parking spaces (at one parking space for every 800 sq. ft. of floor area). The proposed 99 parking spaces appear to be adequate given the applicant's expressed parking needs. We would, however, recommend that a joint parking agreement between the City and the owner of the property be executed requiring the construction of up to 36 additional parking spaces should the City determine they are necessary in the future. It is my understanding that the applicant does not object to such an agreement. 4-17-97 Page 1 GRADING/DRAINAGE/UTILITIES As part of the applicant's submittal for this proposed expansion, they have provided grading, draining and utility information. The existing building is hooked up to City water and sewer located in the 67th Avenue North right-of-way. There is a 30 ft. wide utility easement running west to east through the north portion of the site. The proposed building expansion would be up to this utility easement line. Sanitary sewer and water lines are located within this 30 ft. easement. It appears that the applicant is proposing to connect to the existing water main and existing sanitary sewer located in this easement to provide such utilities to the expanded area. The City Engineer has expressed a concern regarding the close proximity of the back wall on the proposed addition to the existing utility easement. He is reviewing the plan to determine the exact location of the utilities in the easement and to determine if the close proximity may affect either the utility lines or the building foundation. The drainage plan calls for the extension of an existing storm sewer along the east side of the building. This would be extended to service the expanded parking and loading area proposed to be located to the north of the existing parking area. The new area will be required to have B-612 curb and gutter to assist with site drainage. This site is 3.78 acres and, because of its size, it is not required to have Watershed Management review and approval. Attached for the Commission's review are two memos from the City Engineer (dated 4/l/97 and 4/14/97) regarding his review of the plan. LAND S CAPING/SCREENING The applicant has submitted a landscape plan in response to the landscape point system used to evaluate such plans. This 3.7 acre site is required to have 252 landscape points. There currently are 16 existing Green Ash trees located primarily around the perimeter of the existing building. Two Welch Junipers are located along either side of the entrance to the building and Spreading Junipers are located between the building and the 67th Avenue North right-of-way. The applicant proposes to continue the Ash tree plantings along the east property line by adding four more trees along the perimeter greenstrip. The Zoning Ordinance requires, where an I-1 use abuts with an R-4, R-5, R-6 or R-7 use at a property line, that a 50 ft. buffer area be established. This buffer area may not be used for buildings, loading or other industrial activities and must be landscaped. It is also required to have a screening device, either fencing or landscape screening as determined by the City Council. It should be noted that parking may come within 15 ft. of the property line where the industrial and multi -residential uses abut. The applicant is proposing to provide screening along the north property line by adding 13 Colorado Blue Spruce trees to be planted approximately 25 ft. on center. A chain link security fence is also proposed around the back and east side of the facility. It should be noted that parking garages are located immediately to the north of the property line servicing the apartment building to the north of this site. This 4-17-97 Page 2 provides some additional screening between the apartment building itself and this industrial area. It is believed that the proposed screening of Spruce trees should be appropriate for this area. The applicant intends to seed the proof of parking area and leave this area as a grassy area between the building and the property line. BUILDING The building exterior will be a continuation of the existing building which is primarily a single score concrete block with break off concrete block accents. Again, this finish will be continued along the proposed building expansion. The expansion is to provide additional manufacturing and warehousing space for the expanded use. Building docks will be located along the east side of the building. LIGHTING/TRASH The plans do not indicate any additional lighting, however, it is anticipated that lighting will be provided in the newly expanded area. Our concern is primarily that lights be directed down onto the property and not create glare spilling over to adjoining properties, particularly the residential property to the north. No outside trash facilities are indicated on the site plan. It should be noted that any outside trash facilities must be screened from view with opaque screening. RECOMMENDATION Altogether the plans appear to be in order and approval 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 based on cost estimates shall be submitted prior to the issuance of permits to assure the completion of approved site improvements. 4. Any outside trash disposal facilities and rooftop or on -ground mechanical equipment shall be appropriately screened from view. The building addition 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. 4-17-97 Page 3 6. The underground irrigation system shall be extended to all new landscape areas to facilitate site maintenance. 7. Plan approval is exclusive of all signery which is subject to Chapter 34 of the City Ordinances. 8. B-612 curb and gutter shall be provided around the expanded parking and driving areas. 9. The applicant shall enter into an easement and agreement for maintenance and inspection of utility and storm drainage systems, prior to the issuance of permits. 10. The applicant shall provide appropriate erosion and sediment control devices on the site during construction as approved by the City Engineering Department. 11. All work performed and materials used for construction of utilities shall conform to the City of Brooklyn Center's current Standard Specifications and Details. 12. Additional lighting proposed for this site shall be provided in conformance with Section 35-712 of the Zoning Ordinance. 13. A Proof of Parking Agreement acknowledging the need to install up to 36 parking spaces on the site upon a determination of the City shall be executed and filed with the title to the property prior to the issuance of building permits for this project. 4-17-97 Page 4 _ $� Wes+ ' yip .� a of ICI I I JZw 0 Vf � A H18ON 3nN3Ay Hl19 if Rill wow i N. 101 Zr. 84 o emu 0 G G -D-- Ron Warren From: Scott Brink To: Ron Warren Subject: Hiawatha Rubber - Proposed Expansion Date: Tuesday, April 01, 1997 3:11 PM I have reviewed the proposed site and landscape plan prepared by Bernard Herman Architects, Inc. (undated). I can offer the following comments at this time, based on the limited amount of information available: 1. The entire site apears to be less than 4 acres in size, so no aproval requirement from the local Watershed is anticipated. 2. The proposed building expansion falls directly agains a utility easement that includes three known utilities: water, sanitary sewer and storm sewer. This is a concern, in that the specific location of the utilities is not shown on the plan. If the addition is constructed too close to any utility, this may cause present construction and future problems for either the utilities and/or building, in terms of future maintenance and potential problems for each: particularly if the building foundation is constructed too close to a pipe. It is recommended that the exact location of the utilities be verified, that the type of required building foundation be known, and that a sufficient separation distance be considered. 3. A grading and drainage plan must be submitted. The single catch basin is not enough to sufficiently drain the entire existing and proposed parking lot. Significant ponding in the parking lot would occur. The existing variance in elevations, and drainage for the future parking area must also be considered. Location of roof drains should also be considered. Drainage impacts to properties immediately adjacent to this property must also be considered. 4. The plan needs to show if additional utility connects (sewer and water) are needed. 5. Screening/landscaping in consideration of adjacent properties (particuIarly the apartments) should be evaluated further in the grading and landscaping plan. 6. All new parking areas mus have concrete curb and gutter (13612 min.) Page 1 Ron Warren From: Scott Brink To: Ron Warren Subject: Hiawatha Rubber Co. - More Comments Date: Monday, April 14, 1997 3:12PM Ron, Here are some additional comments as a result of the updated plan recently received (Sheet A1, Bernard Herman Architects, dated 4-3-97): 1. It apears that 2 additional handicapped parking stalls need to be available. 2. It is assumed that existing and future concrete curb and gutter terminate and begin at the same locations as bituminous pavement. This should be verified. 3. Storm Drainage A. The existing storm sewer is a private line. The owner should verify that this line(12 inch) is adequate enough to carry significant rainfall events from the entire property, including the number of catch basins that are needed. Design calculations are recommended B. It is recommended that the proposed storm line be extended further to the north to pick-up proposed future parking on the northwest part of the property. C. It is not shown how drainage will affect adjacent properties, particularly down -spouts on the new building. Additional runoff should not run to the adjacent properties. Swales, or apropriate grading measures should be provided. 4. The existing hydrant on the north end of the proposed addition should be relocated to where it can be made accessible (from the parking lot). Siamese connection needed and fire access point? 5. A new water service connection is shown, but no new sewer. Perhaps it is not needed? 6. The north side of the new building apears to be about 10 feet from the water -main. Depending on the soil conditions, depth and type of footings, etc., the main may need protection from potential disturbance. Page 1 DECLARATION OF COVENANTS This declaration is made this AI ST day of JU L U , 19 9 8, by Hiawatha Development Co. , hereinafter referred to as the Owner. WHEREAS, the Owner is the owner of the real estate described on Exhibit A (hereinafter called the "Subject Property"); and WHEREAS, the Owner has submitted an application numbered 97007 to the City of Brooklyn Center (hereinafter referred to as the "City"), for Site and Building Plan Approval for a 180' X 208' (37,440 sq. Ft.) building addition on the Subject Property (1700 67th Avenue North); ** ** described on Exhibit A WHEREAS, the Zoning Ordinance of the City currently requires 135 motor vehicle parking spaces for the proposed use of the Subject Property; and WHEREAS, the Owner has requested that it be permitted to build, at this time, only 99 parking spaces on the Subject Property; and WHEREAS, in consideration of being permitted to construct fewer than the required number of parking spaces, Owner is willing to subject itself, its heirs, assigns and successors in interest of the Subject Property and the Subject Property to the continuing condition that the City may at any time, in its absolute and sole discretion, require the construction of additional parking spaces up to the number of spaces currently required by 1 AND PRIOR TAXES PAID the zoning ordinance of the City; and TAXPAYER SERVICES TRANSFER ENTERED 28 JW N�PIN OUNTY MINN. DEPUTY 1 WHEREAS, the City Council, on the 28th day of April , 1997, gave preliminary approval to the Owner's request, conditioned, inter alia, upon the execution of a guarantee for the future construction of 36 additional parking spaces. NOW, THEREFORE, the Owner hereby declares that the subject property will be held, sold and conveyed subject to the following covenants, conditions and restrictions which are for the purpose of ensuring that the City may require the construction of up to 36 additional parking spaces in accordance with the ordinances of the City of Brooklyn Center, and which will run with the land described herein and which will be binding on all parties having any right, title or interest in the land so described, or any part thereof, their heirs, successors and assigns, and which will inure to the benefit of such parties and the City. Construction of Parking Facility. The Owner hereby agrees to construct 36 additional parking spaces, upon the subject property, or land directly contiguous thereto and used in conjunction therewith, the location, design and construction thereof being in accordance with the Site Plan submitted with application Number 97007 , if the City determines, in its absolute and sole discretion that such parking spaces are needed. Timing of Construction. The additional 36 parking spaces will be constructed within one (1) year after notice by the City to commence construction. Payment of Costs. Responsibility for payment of the costs of construction of the 36 additional parking spaces will be borne by the Owner, its heirs, successors or assigns. Duration. The covenants set forth herein will run with the land and will be binding on all persons claiming ownership thereunder for a period of thirty (30) years from the date PA this declaration is recorded. Thereafter, the covenant will be automatically extended for successive periods of ten (10) years, but will expire, in any event, upon construction of the parking spaces by the Owner and inspection and approval thereof by the City. Amendment or Dissolution. No amendment or dissolution of this covenant will be effective without the written consent of the City. Upon construction of all additional parking spaces and performances of all other acts required by this Declaration, the city will execute at the request of any party having a right, title or interest in the Subject Property a suitable document releasing the Subject Property from the requirements of this Declaration. Partial Performance. The City may require the construction of the additional parking spaces in increments and the rights of the City to require the construction of the remaining additional parking spaces will not be terminated thereby. The Owner, however, may elect to construct all of the additional parking spaces at any time. Enforcement. In the event the Owner, its successors or assigns, fails to construct the required number of additional parking spaces within one year after notice by the City described herein, the City may proceed to enforce this covenant by appropriate legal or equitable Court proceedings and the Owner, its successors or assigns agrees to pay all costs of such enforcement, including reasonable attorney's fees, costs and expenses of any kind. IN WITNESS WHEREOF, the Owner hereto has executed this declaration on the day and year indicated below. 3 Dated: u (_ � A / `117 STATE OF MINNESOTA ) )Ss COUNTY OF HENNEPIN ) Hiawatha Development Co. Partner, Owner sr The foregoing was acknowledged before me this day of 19 9� , by 14,A the Notary Public Subscribed and sworn to before me this NOTARY J. VOGELBACHEA lie NOTARY PUBLIC•MlNNE80TAHENNEPIN COUNTY . day of 19 p�' My co���,io� Exq�a�Ja,. s1, 2000 y M Notary Public 51 EXHIBIT "A" Tract C, Registered Land Survey 1382 ASSOCIATES I N C O R P O R A T E D July 28, 1998 Mr. Ron Warren City of Brooklyn Center 6301 Shingle Creek Parkway Brooklyn Center, MN 55430 RE: Letter of Undertaking Hiawatha Development Company, LLP 1700 67th Avenue North In consideration for the immediate issuance of the applied for building permit, Benson- Orth Associates will diligently pursue the recording of the Declaration of Covenants, as stipulated in Application # 97007. We will work with the Owner to effect this requirement as soon as possible. Sincerely, KNt� William Bretzke Sr, Project Manager Sincerely, William Bretzke Senior Project Manager 14001 Ridgedale Drive ® Suite 320 ® Minnetonka, MN SS30`5) e (612) ` 4 r 8826 DECLARATION OF COVENANTS This declaration is made this day of , 19 , by Popehn Limited Partnership, hereinafter referred to as the Owner. WHEREAS, the Owner, is the owner of the real estate described on Exhibit A (hereinafter called the "Subject Property"); and WHEREAS, the Owner has submitted an application numbered 97007 to the City of Brooklyn Center (hereinafter referred to as the "City"), for Site and Building Plan Approval for a 180' X 208' (37,440 sq. ft.) building addition on the Subject Property (1700 67th Avenue North); and WHEREAS, the Zoning Ordinance of the City currently requires 135 motor vehicle parking spaces for the proposed use of the Subject Property; and WHEREAS, the Owner has requested that it be permitted to build, at this time, only 99 parking spaces on the Subject Property; and WHEREAS, in consideration of being permitted to construct fewer than the required number of parking spaces, Owner is willing to subject itself, its heirs, assigns and successors in interest to the Subject Property and the Subject Property to the continuing condition that the City may at any time, in its absolute and sole discretion, require the construction of additional parking spaces up to the number of spaces currently required by the zoning ordinance of the City; and 1 WHEREAS, the City Council, on the 28th day of April , 1997, gave preliminary approval to the Owner's request, conditioned, inter alia, upon the execution of a guarantee for the future construction of 36 additional parking spaces. NOW, THEREFORE, the Owner hereby declares that the subject property will be held, sold and conveyed subject to the following covenants, conditions and restrictions which are for the purpose of ensuring that the City may require the construction of up to 36 additional parking spaces in accordance with the ordinances of the City of Brooklyn Center, and which will run with the land described herein and which will be binding on all parties having any right, title or interest in the land so described, or any part thereof, their heirs, successors and assigns, and which will inure to the benefit of such parties and the City. Construction of Parking Facility. The Owner hereby agrees to construct 36 additional parking spaces, upon the subject property, or land directly contiguous thereto and used in conjunction therewith, the location, design and construction thereof being in accordance with the Site Plan submitted with application Number 97007 , if the City determines, in its absolute and sole discretion that such parking spaces are needed. Timing of Construction. The additional 36 parking spaces will be constructed within one (1) year after notice by the City to commence construction. Payment of Costs. Responsibility for payment of the costs of construction of the 36 additional parking spaces will be borne by the Owner, its heirs, successors or assigns. Duration. The covenants set forth herein will run with the land and will be binding on all persons claiming ownership thereunder for a period of thirty (30) years from the date 0) this declaration is recorded. Thereafter, the covenant will be automatically extended for successive periods of ten (10) years, but will expire, in any event, upon construction of the parking spaces by the Owner and inspection and approval thereof by the City. Amendment or Dissolution. No amendment or dissolution of this Covenant will be effective without the written consent of the City. Upon construction of all additional parking spaces and performances of all other acts required by this Declaration, the City will execute at the request of any party having a right, title or interest in the Subject Property a suitable document releasing the Subject Property from the requirements of this Declaration. Partial Performance. The City may require the construction of the additional parking spaces in increments and the rights of the City to require the construction of the remaining additional parking spaces will not be terminated thereby. The Owner, however, may elect to construct all of the additional parking spaces at any time. Enforcement. In the event the Owner, its successors or assigns, fails to construct the required number of additional parking spaces within one year after notice by the City described herein, the City may proceed to enforce this covenant by appropriate legal or equitable Court proceedings and the Owner, its successors or assigns agrees to pay all costs of such enforcement, including reasonable attorney's fees, costs and expenses of any kind. IN WITNESS WHEREOF, the Owner hereto has executed this declaration on the day and year indicated below. 3 Dated: Dated: STATE OF MINNESOTA ) )ss COUNTY OF HENNEPIN ) The foregoing was acknowledged before me this day of 19 , by of Subscribed and sworn to before me this day of Notary Public 19 This Document Prepared By: HOLMES & GRAVEN, CHARTERED 470 Pillsbury Center Minneapolis, MN 55402 0 Notary Public the , Owner , Owner June 20, 1997 Arthur Popehn General Partner Limited 1700 67th Ave N Br000klyn Center MN 55430 Dear Mr. Popehn: This letter is to inform you of the action taken regarding Planning Commission Application No. 97007. Enclosed is an excerpt from the minutes of the Planning Commission meeting, the City Council meeting and the Planning Commission Information Sheet pertaining to your application for site and building plan approval. If you have questions or comments regarding this matter, please contact me. Sincerely, Ronald A. Warren Planning Commission Secretary RAW : rsc Enclosures CC: File No. 97007 Pastor Judy Fornara, Spiritual Life Church, stated she did not anticipate a large amount of traffic from the site during peak traffic hours. Services are held on Sunday morning and Sunday, Tuesday and Thursday evenings. She stated she did not feel there would be an issue with the wetlands. She noted the church had been located at 6500 Shingle Creek Parkway for 10 years and the parish has outgrown that site. It has become necessary for the church to relocate and they would like to remain in the City of Brooklyn Center. Chair Willson asked if the site would be vacant during the day. Pastor Judy Fornara noted there are 8 office workers on the site during business hours. The Church also hosts a week long camp meeting 1-2 times per year. She noted this would bring revenue to the City as the attendees would utilize the hotels and restaurants in the area. Commissioner Newman questioned the possible expansion of the Church. Pastor Judy Fornara stated if the Church required expansion, they would rent space from other nearby office buildings and utilize a shuttle bus for transportation. Commissioner Boeck questioned the location of the drive ways. He also suggested a cooperative agreement in regard to drainage may be necessary with the adjacent property owner and asked if the berm would be provided and landscaping adjusted to comply with the ordinance. The Architect reported a survey of the site will be conducted next week. He stated he was concerned with moving the access points due to the topography of the site. The cooperative agreement may be necessary because the storm sewer actually goes across the adjacent property owners driveway. The Architect stated it is his intent to comply with all recommendations of the City Engineer. In response to Commissioner Walker, the Architect explained the exterior of the building will be white or cream color with plumb colored glazing, frames and flashings. There was a motion by Commissioner Walker, seconded by Commissioner Reem to table consideration of Application No. 97006, Spiritual Life Church, to provide adequate information for the Commission to make a recommendation to approve. Voting for: Chair Willson, Commissioners Boeck, Newman, Reem, and Walker. The motion passed unanimously. APPLICATION NO 97007 (POPEHN LIMITED PARTNERSHIP - HIAWATHA RUBBER COMPANY Chair Willson introduced Application No. 97007, a request for site and building plan approval to construct a 37,440 square feet addition to the Hiawatha Rubber Company building located at 1700 67th Avenue North. Mr. Warren presented the staff report using overhead transparencies to show the location and site and building plans for the new proposal. (See Planning Commission Application Information Sheet for Application No. 97007 dated 4-17-97 attached.) 4-17-97 Page 3 Mr. Warren explained access to the site would remain unchanged and would be via 67th Avenue and James Avenue. The parking lot to the east of the building would be expanded all the way back to 15 feet of the rear property line and would serve as loading space for the expanded building and additional parking for the site. There are currently 49 parking spaces serving the existing building and an additional 50 parking spaces would be constructed along the .east side to the rear of the proposed loading area. 36 more parking spaces could be constructed in the back of the building, but the applicant has proposed to defer these parking spaces and to install them only if needed in the future. The proposed 99 parking spaces appear to be adequate given the applicant's expressed parking needs. Staff is recommending however, a proof of parking agreement between the City and the owner of the property to construct up to 36 more parking spaces if required in the future. The applicant is in agreement with this request. Mr. Warren explained the grading, drainage and utility information. He noted the City Engineer has expressed concern regarding the close proximity of the back wall on the proposed addition to the existing utility easement. He is reviewing the plan to determine the exact location of the utilities in the easement and to determine if the close proximity may affect either the utility lines or the building foundation. Mr. Warren outlined the landscaping plan and noted it was in conformance with the landscape point system used to evaluate such plans. He noted the plans do not indicate additional lighting but stated staff is concerned that lights be directed down onto the property. Mr. Warren stated the plans appear to be in order and approval is recommended subject to conditions 1-13 outlined in the staff report. Commissioner Boeck stated the site plan was not detailed in regard to the drainage on the site. He suggested a condition be added to approval of the site plan that states, "All drainage should be retained in this site." Commissioner Reem asked if there would be additional lighting on the site. Bernie Herman, Architect, stated there would be wallpacks installed on the east side of the building. A 1.5 foot candle would be maintained at the edge of the parking area. No other additional lighting would be installed. Commissioner Walker asked if there would be any change in the nature of the work performed in the building. James Popehn, President of Hiawatha Rubber and Partnership Limited Partner of Popehn, stated 1/3 of the area would be used for expansion. The remaining 2/3 would be open warehouse space or light industrial. He noted it was possible the space would be sublet to other companies. 4-17-97 Page 4 ACTION RECOMMENDING APPROVAL OF APPLICATION NO. 97007 There was a motion by Commissioner Boeck, seconded by Commissioner Newman, to recommend to the Council that it approve Application No. 97007, a request submitted by Popehn Limited Partnership (Hiawatha Rubber Co.) for site and building plan approval to construct a 37,440 square foot addition to the Hiawatha Rubber building located at 1700 67th Avenue North, subject to the following conditions: 1. Building plans are subject to review and approval by the Building Official with respect to the 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. A site performance agreement and supporting financial guarantee in an amount to be determined based on cost estimates shall be submitted prior to the issuance of permits to assure the completion of approved site improvements. 4. Any outside trash disposal facilities and rooftop or on -ground mechanical equipment shall be appropriately screened from view. 5. The building addition 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. 6. The underground irrigation system shall be extended to all new landscape areas to facilitate site maintenance. 7. Plan approval is exclusive of all signery which is subject to Chapter 34 of the City Ordinances. 8. B-612 curb and gutter shall be provided around the expanded parking and driving areas. 9. The applicant shall enter into an easement and agreement for maintenance and inspection of utility and storm drainage systems, prior to the issuance of permits. 10. The applicant shall provide appropriate erosion and sediment control devices on the site during construction as approved by the City Engineering Department. 11. All work performed and materials used for construction of utilities shall conform to the City of Brooklyn Center's, current Standard Specifications and Details. 12. Additional lighting proposed for this site shall be provided in conformance with Section 35-712 of the Zoning Ordinance. 4-17-97 Page 5 13. A Proof of Parking Agreement acknowledging the need to install up to 36 parking spaces on the site upon determination of the City shall be executed and filed with the title to the property prior to the issuance of building permits for this project. 14. All drainage shall be retained and handled on the site. Voting for: Chair Willson, Commissioners Boeck, Newman, Reem, and Walker. The motion passed unanimously. The Council will consider the recommendation at its Monday, April 28, 1997 meeting. The applicant must be present. Chair Willson recessed the meeting at 8:56 p.m. and reconvened the meeting at 9:00 p.m. APPLICATION NO 97005 (TIMOTHY THOMPSONI Chair Willson introduced Application No. 97005, a variance request to allow an addition to a detached garage at 5945 Camden Avenue North resulting in an accessory building that exceeds both the 1,000 square feet maximum size of a single accessory building and also the ground coverage of a principal building. Mr. Warren presented the staff report using overhead transparencies to show the location and site and building plans for the new proposal. (See Planning Commission Application Information Sheet for Application No. 97005 dated 4-17-97 attached.) Mr. Warren explained the above cited section of the Zoning Ordinance allows detached or attached accessory buildings and carports provided the ground coverage of any single accessory building shall not exceed 1,000 square feet; that no more than two accessory structures are permitted on any one residential premise; and that the total ground coverage of the accessory building or buildings shall not exceed the ground coverage of the dwelling building. The applicant's existing house has a ground coverage of 1,261 square feet, while his existing detached garage is 720 square feet. He would like to add 600 square feet to his existing garage in order to house four vehicles that he wishes to keep inside at all times. There is an optional plan which would conform to the ordinance in which the applicant would build a 528 square feet accessory building to the west of the existing garage. This would require a second garage door on the first accessory building to allow access to the second accessory building. Mr. Warren advised that the applicant states he believes that it is reasonable to grant the two variances in that they are consistent with the spirit of the zoning code; they avoid an operational and functional obsolescence that would be created by strict adherence to the ordinance in achieving shelter for the four cars; do not negatively impact the value, enjoyment or safety of the adjacent property; and they have little to no negative impact on the aesthetics of the site lines of the property and its improvements. 4-17-97 Page 6 PLANNING CONMNISSION APPLICATION NO Q7007 T D B Y' P0PEHL LIMITED PARTNER HIP (HT A`4 ATHA RUBBER COMPANYI Planning and Zoning Specialist Ron Warren introduced Planning Commission Application No. 97007 submitted by Popehn Limited Partnership (Hiawatha Rubber Company). This is a request for Site and Building Plan approval to construct a 37,440 square foot addition to the Hiawatha Rubber Company building located at 1700 67th Avenue North. The Planning Commission recommended approval of this application at its April 17, 1997, meeting. A motion was made by Councilmember Lasman to approve Planning Commission Application No. 97007 subject to the conditions recommended by the Planning Commission as follows: 1) Building plans are subject to review and approval by the Building Official with respect to applicable codes prior to the issuance of permits. 11 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 based on cost estimates shall be submitted prior to the issuance of permits to assure the completion of approved site improvements. 4) ` Any outside trash disposal facilities and rooftop or on -ground mechanical equipment shall be appropriately screened from view. 5) The building addition 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. 6) The underground irrigation system shall be extended to all new landscape areas to facilitate site maintenance. 7) Plan approval is exclusive of all signery which is subject to Chapter 34 of the City ordinances. 8) B-612 curb and gutter shall be provided around the expanded parking and driving areas. 9) The applicant shall enter into an easement and agreement for maintenance and inspection of utility and storm drainage systems prior to the issuance of permits. 10) The applicant shall provide appropriate erosion and sediment control devices on the site during construction as approved by the City Engineering department. 1 I) All wort: performed and materials used for construction of utilities shall conform to the City of Brooklyn Center's current Standard Specifications and Details. 12) Additional lighting proposed for this site shall be provided in conformance with Secdon 35-712 of the Zoning Ordinance. 13) A Proof of Parking Agreement acknowledging the need to install up to 36 parking spaces on the site upon a determination of the City shall be executed and filed with the title to the property prior to the issuance of building permits for this project. The motion was seconded by Councilmember Carmody and passed unanimously. COLNCIL CONSIDERATION ITEMS RESOLUTION 4CKNOw-LEDGING DONATTON FROM THE BROOKLYN! CENTER LIONS CLUB FOR ARBOR DAY PROGRAM Mayor Kragness thanked the Brooklyn Center Lions Club for their generous donation of S250 designated for the May 14 :arbor Dav,activities at NorthDort School. RESOLUTION N0, 97-77 Member Carmody introduced the following resolution and moved its adoption: RESOLUTION .ACKINOWIEDGNG DONATION FROIM THE BROOKLY`_',i CENTER LIONS CLUB FOR ARBOR DAY PROGRAM The motion for the adoption of the foregoing resolution was duly seconded by member Pep" and,passed unanimously. y DISCUSSTON OF UTILITY BILLING COLLECTION PROCEDURES City Manager McCauley explained that staff has surveyed other cities regarding their utili.ry billing collection practices and developed a comparison of costs of certification by s_Decial assessment to the property taxes process versus the water shut-off process. Finance Director Charlie Hansen noted the -summary of those studies and supporting detail. He further stated that the City could save substantial time by both the Finance staff and the Public Utilities staff by switching to the certification process. Time saved by the Public Utilities staff could be used to meet the increased maintenance needs of our system as it ages. Time saved by the Finance staff could be used to compensate for the reduction of one full-time position which was removed from the department last summer. !;'.Sl97 Planning Commission Information Sheet Application No. 97007 Applicant: Popehn Limited Partnership (Hiawatha Rubber Company) Location: 1700 67th Avenue North Request: Site and Building Plan Approval The applicant is requesting Site and Building Plan Approval to construct a 180 ft. by 208 ft. (37,440 sq. ft.) addition to the existing Hiawatha Rubber Company building which is located at 1700 67th Avenue North. The property in question is zoned I-1 (Industrial Park) and this light manufacturing facility is a permitted use in this zoning district. The subject site is located on the north side of 67th Avenue where it intersects with James Avenue North. It is bounded on the west, east and south by other I-1 zoned land and on the north by R-5 (Multiple Family Residence) zoned property. The Medtronic facility is immediately to the west of the subject site; the Earle Brown Farm Apartments are to the north; the TCR Corporation is located to the east; and 67th Avenue and other industrial uses are to the south. The proposed addition would be to the north side (or back) of the existing building and would add a manufacturing and warehousing area to this building. ACCESS/PARKING Access to the site would remain unchanged and would be via 67th Avenue and James Avenue North. The parking lot that is currently located along the east side of the building would be extended all the way back to within 15 ft. of the rear property line. This area would serve as loading space for the expanded building and additional parking for the site. Currently there are 49 parking spaces serving the existing building with seven being in the front along 67th Avenue North. One of these parking spaces is a designated handicap parking space. Forty-two existing parking spaces are located along the east side of the building and an additional 50 parking spaces would be constructed along the east side to the rear of the proposed loading area. Thirty-six more parking spaces could be constructed in back of the building, but the applicant has proposed to defer these parking spaces and to install them only if they would be needed in the future. The parking requirement for the total 77,047 sq. ft. building would be 113 parking spaces. This is based on 4,583 sq. ft. of office requiring 23 parking spaces (at one parking space for every 200 sq. ft. of gross floor area) and 72,400 sq. ft. of manufacturing/warehouse space requiring 90 parking spaces (at one parking space for every 800 sq. ft. of floor area). The proposed 99 parking spaces appear to be adequate given the applicant's expressed parking needs. We would, however, recommend that a joint parking agreement between the City and the owner of the property be executed requiring the construction of up to 36 additional parking spaces should the City determine they are necessary in the future. It is my understanding that the applicant does not object to such an agreement. 4-17-97 Page 1 GRADING/DRAINAGE/UTILITIES As part of the applicant's submittal for this proposed expansion, they have provided grading, draining and utility information. The existing building is hooked up to City water and sewer located in the 67th Avenue North right-of-way. There is a 30 ft. wide utility easement running west to east through the north portion of the site. The proposed building expansion would be up to this utility easement line. Sanitary sewer and water lines are located within this 30 ft. easement. It appears that the applicant is proposing to connect to the existing water main and existing sanitary sewer located in this easement to provide such utilities to the expanded area. The City Engineer has expressed a concern regarding the close proximity of the back wall on the proposed addition to the existing utility easement. He is reviewing the plan to determine the exact location of the utilities in the easement and to determine if the close proximity may affect either the utility lines or the building foundation. The drainage plan calls for the extension of an existing storm sewer along the east side of the building. This would be extended to service the expanded parking and loading area proposed to be located to the north of the existing parking area. The new area will be required to have B-612 curb and gutter to assist with site drainage. This site is 3.78 acres and, because of its size, it is not required to have Watershed Management review and approval. Attached for the Commission's review are two memos from the City Engineer (dated 4/1/97 and 4/14/97) regarding his review of the plan. LANDS CAPING/SCREENING The applicant has submitted a landscape plan in response to the landscape point system used to evaluate such plans. This 3.7 acre site is required to have 252 landscape points. There currently are 16 existing Green Ash trees located primarily around the perimeter of the existing building. Two Welch Junipers are located along either side of the entrance to the building and Spreading Junipers are located between the building and the 67th Avenue North right-of-way. The applicant proposes to continue the Ash tree plantings along the east property line by adding four more trees along the perimeter greenstrip. The Zoning Ordinance requires, where an I-1 use abuts with an R-4, R-5, R-6 or R-7 use at a property line, that a 50 ft. buffer area be established. This buffer area may not be used for buildings, loading or other industrial activities and must be landscaped. It is also required to have a screening device, either fencing or landscape screening as determined by the City Council. It should be noted that parking may come within 15 ft. of the property line where the industrial and multi -residential uses abut. The applicant is proposing to provide screening along the north property line by adding 13 Colorado Blue Spruce trees to be planted approximately 25 ft. on center. A chain link security fence is also proposed around the back and east side of the facility. It should be noted that parking garages are located immediately to the north of the property line servicing the apartment building to the north of this site. This 4-17-97 Page 2 provides some additional screening between the apartment building itself and this industrial area. It is believed that the proposed screening of Spruce trees should be appropriate for this area. The applicant intends to seed the proof of parking area and leave this area as a grassy area between the building and the property line. BUILDING The building exterior will be a continuation of the existing building which is primarily a single score concrete block with break off concrete block accents. Again, this finish will be continued along the proposed building expansion. The expansion is to provide additional manufacturing and warehousing space for the expanded use. Building docks will be located along the east side of the building. LIGHTING/TRASH The plans do not indicate any additional lighting, however, it is anticipated that lighting will be provided in the newly expanded area. Our concern is primarily that lights be directed down onto the property and not create glare spilling over to adjoining properties, particularly the residential property to the north. No outside trash facilities are indicated on the site plan. It should be noted that any outside trash facilities must be screened from view with opaque screening. RECOMMENDATION Altogether the plans appear to be in order and approval is recommended subject to at Jeast the following conditions: 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 based on cost estimates shall be submitted prior to the issuance of permits to assure the completion of approved site improvements. 4. Any outside trash disposal facilities and rooftop or on -ground mechanical equipment shall be appropriately screened from view. 5. The building addition 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. 4-17-97 Page 3 6. The underground irrigation system shall be extended to all new landscape areas to facilitate site maintenance. 7. Plan approval is exclusive of all signery which is subject to Chapter 34 of the City Ordinances. 8. B-612 curb and gutter shall be provided around the expanded parking and driving areas. 9. The applicant shall enter into an easement and agreement for maintenance and inspection of utility and storm drainage systems, prior to the issuance of permits. 10. The applicant shall provide appropriate erosion and sediment control devices on the site during construction as approved by the City Engineering Department. 11. All work performed and materials used for construction of utilities shall conform to the City of Brooklyn Center's current Standard Specifications and Details. 12. Additional lighting proposed for this site shall be provided in conformance with Section35-712 of the Zoning Ordinance. 13. A Proof of Parking Agreement acknowledging the need to install up to 36 parking spaces on the site upon a determination of the City shall be executed and filed with the title to the property prior to the issuance of building permits for this project. 4-17-97 Page 4