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HomeMy WebLinkAbout2011-092 CCR Member Dan Ryan introduced the following resolution and moved its adoption: RESOLUTION NO. 2011 -92 RESOLUTION REGARDING DISPOSITION OF PLANNING COMMISSION APPLICATION NO. 2011 -013, SUBMITTED BY LINDA MCGINTY FOR THE LUTHER COMPANIES, LLLP WHEREAS, Planning Commission Application No. 2011 -013 submitted by Linda McGinty on behalf of The Luther Company, LLLP requests approval of a Preliminary Plat approval of a subdivision to be titled Bri Mar 2 nd Addition, which is a replat of five contiguous lots located on the easterly side of Brooklyn Boulevard between I -94 and 69` Avenue North and addressed as 6700 Brooklyn Boulevard, 6800 Brooklyn Boulevard, 4215 69 Avenue North, and 4101 69 Avenue, 4011 69 Avenue North; and WHEREAS, this plat is being requested to create three (3) separate lots for the benefit of a new Luther Brookdale Honda dealership and new Toyota City of Brooklyn Center dealership; and WHEREAS, the Planning Commission held a duly called public hearing on May 26, 2011, at which time a staff report and public testimony regarding the preliminary plat of Bri Mar 2 °d Addition were received; and WHEREAS, the review of this preliminary plat submitted with Planning Application No. 2011 -013, even with the minor lot line revisions is in general conformance with the original plat approved by the City Council on July 28, 2008, in acceptance of Planning Application No. 2008 -004; and WHEREAS, the Planning Commission has determined these plat revisions are not significant enough or diminishes the original intent and desired effect in the platting of this redevelopment site; and WHEREAS, the Planning Commission has determined during the review of this plat application that the building and site modifications previously approved under the 2008 Planned Unit Development (PUD) plan as comprehended under the original Planning Application No. 2008 -005, and adopted by the City Council under Res. No. 2008 -81, is in substantial compliance and conformity with this approved PUD and overall development plan; and WHEREAS, the Planning Advisory Commission of the City of Brooklyn Center recommended approval of Application No. 2011 -030 submitted by Linda McGinty on behalf of Luther Companies LLLP by adopting Planning Commission Resolution No. 2011 -10 on May 26, 2011; and WHEREAS, the City Council considered Application No. 2011 -013 at its June 13, 2011, meeting, considered the Preliminary Plat in light of all testimony received and the Planning Commission's recommendations. RESOLUTION NO. 2011 -92 NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Brooklyn Center that Application No. 2011 -013, submitted by Linda McGinty on behalf of Luther Companies LLLP be approved with the following conditions: 1. The final plat is subject to review and approval by the City Engineer. 2. The final plat is subject to the provisions of Chapter 15 of the City Ordinances. 3. Approval of this preliminary plat is contingent upon those condtions and considerations approved under Planning Commission Application No. 2008 -005 and memorialized in adopted City Council Resolotion No. 2008 -81, dated July 28, 2008. 4. Appropriate cross access and cross parking agreements and a dedication binding Lot 1, 2 and 3, Block 1 of Bri Mar 2 ° d Addition, and as approved by the City Atttorney shall be developed and filed with the titles to the property. i 5. The applicant shall provide the city with an executed copy of shared access easement between the ro osed Lot 1 2 and 3 Block 1 of Bri Mar 2nd Addition prior to final plat p p � P p approval to be filed with the titles to the properties. 6. The applicant shall execute all easements required by the City Engineer for drainage and utility purposes prior to final plat approval. 7. The applicant shall provide written certification from a licensed land surveyor that the existing sidewalk along Brooklyn Boulevard does not encroach into the boundaries of the proposed Lots 1 and 2 or provide the appropriate sidewalk easement dedication along with the final plat. 8. Building permits for construction of any of the buildings comprehended under Planning Commission Application No. 2008 -005 shall not be issued until the plat has been given final approval by the City Council and filed with Hennepin County. c • r n � l� June 13, 2011 Date Mayor ATTEST: ��1N1(�'w►2IYtu�9- City Clerk The motion for the adoption of the foregoing resolution was duly seconded by member Tim Roche and upon vote being taken thereon, the following voted in favor thereof: Tim Willson, Carol Kleven, Kay Lasman, Tim Roche, and Dan Ryan; and the following voted against the same: none whereupon said resolution was declared duly passed and adopted.