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HomeMy WebLinkAbout2024-71 CCRMember Lawrence -Anderson introduced the following resolution and moved its adoption: RESOLUTION NO.2024-71 RESOLUTION REGARDING RECOMMENDED DISPOSITION OF PLANNING COMMISSION APPLICATION NO. 2024-006 SUBMITTED BY C ALAN HOMES LLC FOR RE -APPROVAL OF THE PRELIMINARY AND FINAL PLAT FOR ROBERTSON AND BREKKE BROOKLYN BOULEVARD ADDITION (6025, 6031, 6037, AND 6045 BROOKLYN BOULEVARD) WHEREAS, Planning Commission Application No. 2024-006 was submitted by C Alan Homes LLC ("the Applicant") requesting re -approval of the preliminary and final plat for ROBERTSON AND BREKKE BROOKLYN BOULEVARD ADDITION, which would divide the four properties currently addressed as 6025, 6031, 6037, and 6045 Brooklyn Boulevard ("the Subject Property") into seven (7) new triplex lots; and WHEREAS, the Subject Property was formerly owned by the City of Brooklyn Center's Economic Development Authority, and following approval of Planning Commission Application No. 2020-004 and City Council Resolution No. 2020-067, which granted approvals for the preliminary and final plat, site and building plan, and establishment of a Planned Unit Development, the Subject Property was subsequently sold to C Alan Homes LLC in December 2020; and WHEREAS, conveyance of the Subject Property required the Applicant to enter into a Purchase and Development Agreement and Declaration of Restrictive Covenants, which was filed with Hennepin County on December 30, 2020 as Document No. 5777831; and WHEREAS, certain sidewalk maintenance and utility easements were vacated by City Council under City Council Resolution No. 2020-091, and the easement vacations recorded with Hennepin County in 2020 under Document No. 5773408; and WHEREAS, the Applicant ran into delays in filing the final plat (mylar) for ROBERTSON AND BREKKE BROOKLYN BOULEVARD ADDITION following a request from Hennepin County for certain property contained within the Subject Property to be quit claimed to the County for highway right-of-way purposes, which resulted in the City of Brooklyn Center and Applicant working through the execution of a separate Quit Claim Deed and partial release of the Purchase and Development Agreement and Declaration of Restrictive Covenants in March 2022; and WHEREAS, Section 35-8107.5 (Final Plat) of the City of Brooklyn Center City Code requires the Applicant to file the final plat (mylar) with Hennepin County within one (1) year following City Council approval, and as the plat was not recorded in time, the plat is now considered void; and RESOLUTION NO. 2024-71 WHEREAS, Hennepin County has a copy of the County approved plat for ROBERTSON AND BREKKE BROOKLYN BOULEVARD ADDITION on file; however, as two (2) years have passed since its initial approval, updated title work and a current copy of the plat is required for review and before any plat recording; and WHEREAS, a public hearing was noticed in the Brooklyn Center Sun Post on April 25, 2024, and a hearing scheduled for May 9, 2024; however, the Applicant requested the hearing be continued due to the Applicant's inability to attend the meeting; and WHEREAS, as members of the public were present, the Planning Commission held a duly called public hearing, whereby a staff report was presented, and the public hearing was opened to allow for public testimony; and WHEREAS, a motion to continue the public hearing to the June 13, 2024 Planning Commission meeting was requested by the Planning Commission, a 60-day letter of extension was issued to the Applicant in accordance with Minnesota Statutes Section 15.99 Subd. 3(f), and the hearing was ultimately continued at the June 13, 2024 Planning Commission meeting where additional public testimony was provided for the record; and WHEREAS, the City Council of the City of Brooklyn Center has determined during its review of the preliminary and final plat that said plat is in general conformance with Chapter 35 of the City Code of Ordinances and Sections 35-8106 (Preliminary Plat), 35-8107 (Final Plat), and 35-5100 (Dimensional Standards Summary), and the approximately 1.65-acre Subject Property and proposed development meets minimum lot width and area requirements as the allowable density range for the underlying Neighborhood Mixed -Use zoning designation is 15 to 31 dwelling units per acre (DU/Acre) and the development, as proposed, would fall within this range at 21 dwelling units. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Brooklyn Center, Minnesota, that Planning Commission Application No. 2024-006, as submitted by C Alan Homes LLC, and requesting re -approval of the preliminary and final plats for ROBERTSON AND BREKKE BROOKLYN BOULEVARD ADDITION, be approved based upon the findings of fact in the Planning Commission staff report last revised June 13, 2024, submitted documentation and plans, and as amended by the following conditions of approval: 1. Re -approval of the preliminary and final plats for ROBERTSON AND BREKKE BROOKLYN BOULEVARD ADDITION are contingent upon the addressing of any remaining comments by Assistant City Engineer Hogg in his memorandum dated August 17, 2020. a. The preliminary and final plat shall be further revised to dedicate certain trail easement. 2. The preliminary plat, final plat, and mylar shall be subject to the provisions as outlined under Chapter 35 (Unified Development Ordinance), Section 35-8106 (Preliminary Plat), RESOLUTION NO. 2024-71 WHEREAS, Hennepin County has a copy of the County approved plat for ROBERTSON AND BREKKE BROOKLYN BOULEVARD ADDITION on file; however, as two (2) years have passed since its initial approval, updated title work and a current copy of the plat is required for review and before any plat recording; and WHEREAS, a public hearing was noticed in the Brooklyn Center Sun Post on April 25, 2024, and a hearing scheduled for May 9, 2024; however, the Applicant requested the hearing be continued due to the Applicant's inability to attend the meeting; and WHEREAS, as members of the public were present, the Planning Commission held a duly called public hearing, whereby a staff report was presented, and the public hearing was opened to allow for public testimony; and WHEREAS, a motion to continue the public hearing to the June 13, 2024 Planning Commission meeting was requested by the Planning Commission, a 60-day letter of extension was issued to the Applicant in accordance with Minnesota Statutes Section 15.99 Subd. 3(f), and the hearing was ultimately continued at the June 13, 2024 Planning Commission meeting where additional public testimony was provided for the record; and WHEREAS, the City Council of the City of Brooklyn Center has determined during its review of the preliminary and final plat that said plat is in general conformance with Chapter 35 of the City Code of Ordinances and Sections 35-8106 (Preliminary Plat), 35-8107 (Final Plat), and 35-5100 (Dimensional Standards Summary), and the approximately 1.65-acre Subject Property and proposed development meets minimum lot width and area requirements as the allowable density range for the underlying Neighborhood Mixed -Use zoning designation is 15 to 31 dwelling units per acre (DU/Acre) and the development, as proposed, would fall within this range at 21 dwelling units. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Brooklyn Center, Minnesota, that Planning Commission Application No. 2024-006, as submitted by C Alan Homes LLC, and requesting re -approval of the preliminary and final plats for ROBERTSON AND BREKKE BROOKLYN BOULEVARD ADDITION, be approved based upon the findings of fact in the Planning Commission staff report last revised June 13, 2024, submitted documentation and plans, and as amended by the following conditions of approval: Re -approval of the preliminary and final plats for ROBERTSON AND BREKKE BROOKLYN BOULEVARD ADDITION are contingent upon the addressing of any remaining comments by Assistant City Engineer Hogg in his memorandum dated August 17, 2020. a. The preliminary and final plat shall be further revised to dedicate certain trail easement. 2. The preliminary plat, final plat, and mylar shall be subject to the provisions as outlined under Chapter 35 (Unified Development Ordinance), Section 35-8106 (Preliminary Plat), RESOLUTION NO. 2024-71 and Section 35-8107 (Final Plat). a. The preliminary plat shall be reviewed against the most recent version of the final plat approved by Hennepin County and updated accordingly. b. The preliminary plat shall be updated to reflect the existing zoning classification and total approximate acreage. 3. Any comments and/or requirements as provided by Hennepin County. 4. Any comments and/or requirements from the City Attorney's office, and specifically regarding an updated certified abstract of title/title commitment. 5. The successful recording of said plat (mylar) with Hennepin County. June 24 2024 Date Mayor ATTEST:vko Assistant City Manager/City Cleric 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: Graves, Jerzak, Kragness, Lawrence -Anderson and the following voted against the same: none whereupon said resolution was declared duly passed and adopted.