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HomeMy WebLinkAbout2021-118 CCR Member Graves introduced the following resolution and moved its adoption: RESOLUTION NO. 2021-118 RESOLUTION REGARDING THE RECOMMENDED DISPOSITION OF PLANNING COMMISSION APPLICATION NO. 2021-003 FOR PRELIMINARY AND F1NAL PLAT, RE-ZONING, PUD AMENDMENT, AND SPECIAL USE PERMIT APPROVALS FOR CERTAlN PROPERTY COMMONLY KNOWN AS LUTHERAN CHURCH OF THE MASTER AND LOCATED AT THE NORTHWEST CORNER OF 69TH AVENUE NORTH AND DUPONT AVENUE NORTH (1107 EMERSON LANE, 6907 DUPONT AVENUE NORTH, 1100 69Tx AVENUE NORTH AND 1200 69TH AVENUE NORTH) AND THE RECOMMENDED APPROVAL OF A 2040 COMPREHENSIVE PLAN AMENDMENT TO 1100 69TH AVENUE NORTH WHEREAS, Planning Commission Application No. 2021-001 was originally submitted by Evangelical Lutheran Church of the Master("the Applicant") for consideration of the above-noted requests for certain property located at the northwest corner of 69th Avenue North and Dupont Avenue North and identified as 1107 Emerson Lane, 6907 Dupont Avenue North, 1100 69tn Avenue North, and 1200 69th Avenue North ("the Subject Property") in June 2021; however, following City staff review of the requests and past City approvals, it was determined that additional time and information was required before the Applicant could proceed with their requests and the Applicant formally withdrew their application on June 8, 2021; and WHEREAS,Planning Commission Application No. 2021-003 was submitted in July 2021 following additional City staff review of documentation on file and revisions to the proposed re-plat of the Subject Property, to be known as the 69TH AVENUE NORTH ADDITION, which would provide a path for the Applicant to sell an existing seven-unit apartment building located at 1100 69th Avenue North; and WHEREAS, a public notice was published in the Brooklyn Center Sun Post on July 29,2021,and notifications were mailed to those properties lying within the notification area;and WHEREAS, following City Council action on August 9, 2021, and the Mayoral Declaration of a Local Emergency under City Council Resolution No. 2021-95, City staff delivered flyers to those aforementioned properties lying within the notification area, advising those properties that the previously publicized in-person meeting would now be taking place virtually pursuant to Section 13D.021 of Minnesota Open Meeting Law; and WHEREAS, said public hearing did not take place following issues with access to the online meeting, a new public hearing notice was published in the Brooklyn Center Sun Post on August 26,2021,mail notifications were again sent to those properties in the notification area,and a 60-day extension letter was provided to the Applicant with a new extended review period deadline ofNovember 10,2021,and a newly scheduled public hearing date of September 9,2021;and RESOLUTION NO. 2021-118 WHEREAS, the Subject Property was originally established as a Planned Unit Development in 1994 under Planning Commission Application No. 94009 and approved by City Council Resolution No. 94-244 (Resolution Regarding Disposition of Planning Commission Application No. 94009 Submitted by the Evangelical Lutheran Church of the Master), which requested a re-zoning of the Subject Property from its former R-1 (One Family Residence) and R-4 (Multiple Family Residence) District zoning designations to PUD/R-1 (Planned Unit . Development/One Family Residence)District to allow for an expansion of what is now the Lutheran Church of the Master campus; and WHEREAS,the associated conditions of approval outlined a three-phase expansion of uses relating to Lutheran Church of the Master, and a copy of the Development Agreement on file noted that should the Developer not satisfy all requirements under Paragraph 2.3 by January 1, 1999, the zoning of the Phase I (1107 Emerson Lane), Phase II (6907 Dupont Avenue North), and Phase III (1100 69th Avenue North) properties would revert automatically, and without further action by City Council to R-4 (Multiple Family Residence) District, and no further church uses of any such property shall be permitted unless said agreement is earlier amended by resolution of the City Council to extend the deadline for such compliance; and WHEREAS, one of the conditions of approval required that a final plat be recorded with Hennepin County to reflect the combination of the Subject Property into one single lot; and WHEREAS, while there is evidence of intent, through City records which outline the approval of a preliminary plat under Planning Commission Application No. 98013 and approval of a final plat by City Council under City Council Resolution No. 98-185 (Resolution Approving Final Plat-Evangelical Lutheran Church of the Master 3rd Addition),City staff cannot find evidence of said final plat being recorded,which has resulted in the reverting and impacts to certain approvals contemplated under Planning Commission Application No. 94009 and approved under City Council Resolution No. 94-244; and WHEREAS, said impacts include a rescinding of the special uses permitted in the phased development, and a reverting of the previously approved PUD/R-1 zoning designation back to the original R-4 District for the phased development; and WHEREAS, in order for the sale of the property located at 1100 69�h Avenue North to move forward, the Applicant must receive approval for a series of requests in order to move forward, including a preliminary and final plat which reflects the combination of the properties located at 1107 Emerson Lane, 6907 Dupont Avenue North, and 1200 69th Avenue North to Lot 1, Block 1, 69th Avenue North Addition, and the creation of a standalone Lot 2, Block 1, 69th Avenue Addition for the property located at 1100 69th Avenue North; issuance of a new Special Use Permit for the outlined church and ancillary uses, a re-zoning and amendment to the Planned Unit Development to ensure the three properties, to be known as Lot 1 identify as Planned Unit Development/One Family Residence District (PUD/R-1), as intended, and that the property to be known as Lot 2 remains zoned as R-4 (Multiple Family Residence) District and is subsequently RESOLUTION NO. 2021-118 removed from the PUD agreement; and approval of a Comprehensive Plan Amendment to alter the existing future land use designation of 1100 69th Avenue North(Lot 2) from its current 2040 future land use designation of"Public/Semi-Public/Institutional"to "Medium Density Residential (5.01-15 DU/Ac)"; and WHEREAS, on September 9, 2021, the Planning Commission of the City of Brooklyn Center, Minnesota received and reviewed a planning report on the requested preliminary and final plat, re-zoning, Planned Unit Development amendment, Special Use Permit, and 2040 Comprehensive Plan amendment requests; WHEREAS, the Planning Commission of the City of Brooklyn Center, Minnesota held a duly noticed and called public hearing on September 9,2021, whereby a planning report was presented and public testimony regarding the proposal were received; and WHEREAS, the Planning Commission of the City of Brooklyn Center, Minnesota considered the application requests in light of all testimony received, and the guidelines and standards as outlined under Sections 35-202 (Comprehensive Planning) 35-208 (Rezoning Evaluation Policy and Review Guidelines), 35-210 (Rezoning Application PYocedures and Reconsideration), and 35-355 (Planned Unit Development) of the City's Zoning Ordinance, and City record of past approvals for the Subject Property, and the request complies with the general goals and objectives of the City's 2040 Comprehensive Plan, with exception to the requested amendment to the Comprehensive Plan for 1100 69th Avenue North, which would not result in greater impacts than currently seen as the property was originally approved as a seven-unit apartment building in 1962 under Planning Commission Application No. 62057 and continues to function as an apartment building to this day. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Brooklyn Center, Minnesota to recommend that Planning Commission Application No. 2021-003, submitted by the Evangelical Lutheran Church of the Master, be approved based upon the findings of fact in the updated September 9, 2021 planning report, and submitted documents and plans as amended by the following conditions of approval: 1. Any significant changes or modifications made to these requests can only be made by an amendment and as approved by the City Council. 2. Modification of an entrance to 1100 69�h Avenue North to meet minimum ADA requirements and the provision of minimum ADA parking is required prior to any sale. 3. The Applicant shall meet with City Fire Inspector regarding a review of the existing fire alarm systems on the Subject Property and other Lutheran Church of the Master Properties. 4. The Applicant shall enter into a new Development Agreement with the City that reflects these and any future approvals.The Development Agreement must be recorded with the plat at Hennepin County. 5. An amended and restated PUD agreement shall be entered into with the City and recorded RESOLUTION NO. 2021-118 with the plat at Hennepin County. 6. A cross access agreement shall be entered into for the drive access off Dupont Avenue North, which provides the only access to 1100 69th Avenue North (Lot 2, Block 1, 69tn Avenue North Addition)and secondary access to the two buildings located at 1107Emerson Lane and 6907 Dupont Avenue North. 7. Approval of the preliminary and final plat for 69th Ave North Addition are contingent upon the addressing of comments by Assistant City Engineer Hogg in his memorandum dated August 6, 2021, and the vacation of easement through separate City approval. Furthermore: a. The Applicant shall work with City staff to adjust the northerly lot line of proposed Lot 2 (1100 69th Avenue North). b. Final plat and mylar shall be subject to the provisions of Chapter 15 of the City Code of Ordinances (Platting). c. Any comments and/or requirements as provided by Hennepin County. d. Any comments and/or requirements from the City Attorney's office, and specifically regarding an updated certified abstract of title. e. The successful record of said plat(mylar) with Henne�_in County. September 27, 2021 -- Date Mayor � ATTEST: �",J��{1�'�G��C�'l City Clerk The motion for the adoption of the foregoing resolution was duly seconded by member Ryan and upon vote being taken thereon,the following voted in favor thereof: Butler, Elliott, Graves, Lawrence-Anderson, Ryan and the following voted against the same: None whereupon said resolution was declared duly passed and adopted.