Loading...
HomeMy WebLinkAbout2023-062 CCRRESOLUTION NO.2023-62 acquiring primarily residential parcels along Brooklyn Boulevard in the hopes of consolidating parcels for the highest and best use; and WHEREAS, the Planning Commission of the City of Brooklyn Center, Minnesota held a duly noticed and called public hearing on April 13, 2023, whereby a planning report was presented and public testimony regarding the proposal were received; and WHEREAS, notice of such public hearing was published in the official newspaper and mailed to neighboring property owners and residents, as required by the City and Minnesota State Statute, and development proposal signage was installed on the Subject Property by the City; 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 Section 35 ( Unified Development Ordinance), including, but not limited to: Sections 35-7600 (Site and Building Plan Approval), 35-8000 (Subdivisions and Planned Unit Developments), 35-1500 (Comprehensive Plan), and the dimensional and design standards as outlined within Sections 35-5100 through 35-5600, 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 to re -designate the Subject Property to move the project forward, and of which requires final determination by the Metropolitan Council. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Brooklyn Center, Minnesota to recommend Planning Commission Application No. 2023-001, submitted by JO Companies, LLC be approved based upon the findings of fact in the April 13, 2023 planning report, last revised for May 8, 2023, and submitted documents and plans as amended by the following conditions of approval: 1. The building plans are subject to review and approval by the Building Official as noted in the memorandum dated April 7, 2023, and with respect to applicable codes prior to the issuance of permits; and the final location or placement of any fire hydrants or other fire related building code items shall be reviewed and approved by the Fire Inspector. a. Any major changes or modifications made to this Site and Building Plan can only be made by an amendment to the approved Site and Building Plan as approved by the City Council. b. The building plans are subject to review and approval by the Building Official with respect to applicable codes prior to the issuance of permits. c. The Applicant shall work to ensure all applicable Minnesota Fire Code requirements have been met as part of any site plan approval. d. A fire sprinkler system is required to be installed and shall be maintained on a consistent basis per City Code requirements. e. A SAC Determination shall be submitted by the Applicant to the Metropolitan Council and any associated feeds paid at time of any permit issuance. £ The Applicant shall provide any final site and building plans to City staff for a Member Butler introduced the following resolution and moved its adoption: RESOLUTION NO. 2023-62 RESOLUTION REGARDING THE RECOMMENDED DISPOSITION OF PLANNING COMMISSION APPLICATION NO. 2023-001 FOR A RE -PLAT, PLANNED UNIT DEVELOPMENT AMENDMENT AND REZONING, AND AN AMENDMENT TO THE 2040 COMPREHENSIVE PLAN TO ALLOW FOR DEVELOPMENT OF A 54-UNIT MULTI -FAMILY RESIDENTIAL BUILDING AND RELATED SITE IMPROVEMENTS (6107 BROOKLYN BOULEVARD, 6101 BROOKLYN BOULEVARD, 3600 6 1 ST AVENUENORTH, AND 3606 61ST AVENUE NORTH) WHEREAS, Planning Commission Application No. 2023-001, submitted by JO Companies, LLC ("the Applicant") requests review and consideration of a proposal that would consolidate four vacant parcels currently owned by the Economic Development Authority of the City of Brooklyn Center ("Property Owner") located 6107 Brooklyn Boulevard, 6101 Brooklyn Boulevard, 3600 61" Avenue North, and 3606 61" Avenue North ("the Subject Property") for development of a 54-unit multi -family residential building and related site improvements; and WHEREAS, said application submittal also contemplates an amendment to an existing Planned Unit Development originally approved on September 28, 1998 under City Council Resolution No. 98-169 and last amended on January 25, 2016 under City Council Resolution No. 2016-19, which would allow for the removal of the northernmost parcel located within the Subject Property and commonly addressed as 6107 Brooklyn Boulevard from the aforementioned Planned Unit Development, and its subsequent re -zoning to Neighborhood Mixed -Use (MX-Nl) District, which is reflective of the three other parcels that comprise the Subject Property, commonly addressed as 6101 Brooklyn Boulevard, 3600 61St Avenue North, and 3606 61St Avenue North; and WHEREAS, said application submittal also addresses a request to re -designate the Subject Property under the City's 2040 Comprehensive Plan future land use designation from a mix of Commercial (C) and Low -Density Residential (LDR) to Neighborhood Mixed -Use (N-MU), which is a new land use designation under the 2040 Plan that is intended to guide land surrounding key neighborhood intersections for a mix of residential, retail commercial, and office uses; and WHEREAS, the Comprehensive Plan amendment request is made in light of the fact that the Applicant had only initiated conversations with the City surrounding the Subject Property's redevelopment to multi -family residential during what was finalization of the 2040 Comprehensive Plan, and whereas said request would be a permitted use under the City's Unified Development Ordinance and within the densities permitted assuming an allowable density range of 15.01-31 dwelling units per acre; and WHEREAS, the City's Economic Development Authority has been strategically RESOLUTION NO. 2023-62 CPTED review and make alterations as necessary prior to permit release. g. A revised landscape plan and planting schedule shall be submitted to ensure compliance with the City Code regarding landscape plantings and minimum project valuations for Neighborhood Mixed -Use District properties. h. The Applicant shall install irrigation systems where necessary to facilitate maintenance of site landscaping and green areas, and irrigation shop drawings for review and approval prior to installation. i. Any outside trash disposal facilities and rooftop or ground mechanical equipment shall be appropriately screened from view per City Code requirements and a detail sheet provided. j . The Applicant shall submit a Sign Permit Application for any proposed signage (e.g., wall, freestanding) and receive issuance of a permit prior to any installation. All signage shall conform to City requirements. 2. The Applicant agrees to comply with all conditions or provisions noted in the Assistant City Engineer's review memorandum, originally dated March 30, 2023, and last revised April 26, 2023. a. Final grading, drainage, utility, and erosion control plans and any other site engineering related issues are subject to review and approval by the City Engineer for City site and building plan approval and prior to the issuance of permits. b. Any requirements as outlined in reviews conducted by Hennepin County. 3. Agreements: a. The Applicant shall work with the adjacent property owner (6121 Brooklyn Boulevard) to amend and restate the 1998 PUD agreement for removal of 6107 Brooklyn Boulevard from said agreement. This agreement is to be reviewed and approved by the City Attorney and the amended agreement recorded with Hennepin County prior to the issuance of building permits. b. The Applicant shall coordinate with adjacent property owner (6121 Brooklyn Boulevard) and the City to execute an amended or new easement agreement for the shared access drive located off Brooklyn Boulevard. This easement is to be reviewed by the City Attorney and recorded with Hennepin County prior to the issuance of building permits. c. A Performance Agreement with supporting financial guarantee approved by the City shall be executed upon any approval of the to -be submitted building permit for site improvements, which ensures the Subject Property will be constructed, developed, and maintained in conformance with the plans, specifications, and standards. d. The Developer shall submit an as -built survey of the property, improvements, and utility service lines prior to release of any Performance Agreement financial guarantee. e. A Utility Facilities Easement Agreement is required for submittal to the City prior to issuance of any permits. RESOLUTION NO. 2023-62 f. A Construction Management Plan and Agreement and associated escrow are required for submittal prior to the City prior to issuance of any permits. 4. Platting: a. Approval of the preliminary and final plat for WANGSTAD'S BROOKLYN TERRACE SECOND ADDITION are contingent upon the addressing of comments by Assistant City Engineer James Soltis in the memorandum originally dated March 30, 2023, and last revised April 26, 2023. b. Final plat and mylar shall be subject to the provisions of Chapter 35 of the City Code of Ordinances. c. Addressing of final plat comments and/or requirements as provided by Hennepin County. d. Addressing of final plat comments and/or requirements from the City Attorney's office, and specifically regarding an updated certified abstract of title. e. The successful recording of said plat (mylar) with Hennepin County. May 8, 2023 'J_ -t'J Date Mayor ATTEST:����� City Clerk The motion for the adoption of the foregoing resolution was duly seconded by member Lawrence -Anderson and upon vote being taken thereon, the following voted in favor thereof. Butler, Graves, Jerzak, Kragness, Lawrence -Anderson and the following voted against the same: None whereupon said resolution was declared duly passed and adopted.