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HomeMy WebLinkAbout2023-111 CCRMember Jerzak introduced the following resolution and moved its adoption: RESOLUTION NO. 2023-111 RESOLUTION DENYING PLANNING COMMISSION APPLICATION NO. 2023-007 REGARDING A SITE AND BUILDING PLAN AT 7100 BROOKLYN BOULEVARD WHEREAS, Planning Commission Application No. 2023-007, submitted by 7100 Brooklyn Blvd LLC ("the Applicant") requested review and consideration for site and building plan approval for a proposed conversion of a former credit union and office building located at 7100 Brooklyn Boulevard ("the Subject Property") to a 17-unit multi -family residential building with related site improvements; and WHEREAS, the Subject Property is situated in the City's MX-N2 (Neighborhood Mixed -Use) District, where multi -family residential with densities between 15 and 31 dwelling units per acre are permitted subject to site and building plan approval; and WHEREAS, Section 35-7605 (Amendments) of the City Code stipulates that a major amendment to an approved site and building plan is triggered in situations where there is a 20-percent (%) or greater change in the number of residential units and the proposal, as contemplated under the submitted application, exceeds this threshold; and WHEREAS, the Planning Commission of the City of Brooklyn Center, Minnesota held a duly noticed and called public hearing on October 12, 2023, whereby a planning staff report was presented and public testimony regarding the site and building plan was received for the approximately 0.99-acre Subject Property; and WHEREAS, the City was in receipt of a 31-signature petition letter from the adjacent to the south Boulevard Plaza Office Condominiums in which concerns were expressed regarding potential changes to a residential area rather than a business district, ongoing and continued safety concerns, ongoing and increased traffic, dumping, and privacy concerns; and WHEREAS, the City was also in receipt of communication from neighboring Brooklyn United Methodist Church regarding their overflow lot, which is adjacent to the Subject Property, and concerns relating to potential unauthorized use, potential safety concerns with Brooklyn Boulevard, which the Subject Property fronts, and the desire for a privacy fence to minimize foot traffic between properties; and WHEREAS, the Applicant requested additional time to address concerns identified at the public hearing, revise plans, and provide responses to concerns raised in advance of City Council review and, pursuant to Minnesota Statutes Section 15.99, subdivision 3 (f), City staff issued a 60-day extension to the review period; and WHEREAS, in light of the staff report received, and utilizing the guidelines and RESOLUTION NO. 2023-111 standards for evaluating site and building plans as contained in the City's Unified Development Ordinance, along with consideration of the goals and objectives of the City's 2040 Comprehensive Plan, the Planning Commission elected to recommend denial of the proposed conversion and related application; and WHEREAS, on November 13, 2023, the City Council of the City of Brooklyn Center, Minnesota reviewed the application, received the Planning Commission's recommendation and staff reports, and considered the request in light of all testimony received, the guidelines and standards for evaluating site and building plans as contained under Section 35-7600 (Site and Building Plan Approval), and in consideration of the goals and objectives of the City's 2040 Comprehensive Plan; and WHEREAS, the City Council finds and determines as follows with regard to Planning Commission Application No. 2023-007 for the Subject Property located at 7100 Brooklyn Boulevard: l . The proposed site and building plan is inconsistent with the use and character of surrounding properties, which are primarily business and commercial in nature; and 2. Due to its location, the proposed site and building plan is insufficient with regard to providing safe conditions for pedestrians and motor vehicle ways. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Brooklyn Center, Minnesota, based upon consideration of the record in this matter, including the standards set forth in Section 35-7604 (Site and Building Plan Criteria) of the City Code, the recommendation of the Planning Commission, staff reports, public testimony, written submissions, and the goals and objectives of the City's 2040 Comprehensive Plan, are as follows: 1. Planning Commission Application No. 2023-007, for site and building plan approval, based on the findings of fact and the submitted plans, is hereby denied. 2. The City Cleric is hereby authorized and directed to provide the Applicant a copy of this Resolution to serve as written notice of the City Council's denial of its request. RESOLUTION NO. 2023-111 November 27 2023 Date City Clerk The motion for the adoption of the foregoing resolution was duly seconded by member Kragness and upon vote being taken thereon, the following voted in favor thereof: Butler, Jerzak, Kragness and the following voted against the same: none whereupon said resolution was declared duly passed and adopted.