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HomeMy WebLinkAbout2019-071 CCRMember Graves introduced the following resolution and moved its adoption: CITY COUNCIL RESOLUTION NO. 2019-071 RESOLUTION REGARDING THE RECOMMENDED DISPOSITION OF PLANNING COMMISSION APPLICATION NO. 2019-005 SUBMITTED BY CITY ENGINEER MIKE ALBERS ON BEHALF OF THE CITY OF BROOKLYN CENTER FOR PRELIMINARY AND FINAL PLAT APPROVAL OF BROOKALE COVENANT ADDITION (LOCATED IN THE VICINITY OF 5139 BROOKLYN BOULEVARD) WHEREAS, Planning Commission Application No. 2019-005, submitted by City Engineer, Mike Albers on behalf of the City of Brooklyn Center ("the Applicant") requests review and consideration of preliminary and final plat approval for the currently un -platted Subject Property located in the vicinity of 5139 Brooklyn Boulevard ("the Subject Property") to BROOKDALE COVENANT ADDITION; and WHEREAS, the City Council authorized a Land Exchange Agreement between the City of Brooklyn Center and Brookdale Covenant Church on December 11, 2017, to implement certain improvements as part of the Phase I Brooklyn Boulevard Corridor Project; and WHEREAS, per the Land Exchange Agreement, the Subject Property must be platted before the City of Brooklyn - Center can record its deed in the identified Lilac Drive parcel as City right-of-way; and WHEREAS, platting the currently un -platted Subject Property will also provide Brooklyn Covenant Church with documentation as to conveyances, vacations, and dedications for certain right-of-way, and acquisitions of title; and WHEREAS, per City Code Section 15-104, the Applicant has submitted an application to the City of Brooklyn Center for official consideration under Planning Commission Application No. 2019-005; and WHEREAS, the Planning Commission of the City of Brooklyn Center, Minnesota held a duly noticed and called public hearing on April 11, 2019, whereby a planning staff report was presented and public testimony regarding the request were received; and WHEREAS, the Planning Commission of the City of Brooklyn Center, Minnesota considered the request in light of all testimony received, the guidelines and standards for evaluating this preliminary and final plat contained in Section 15-104 (Preliminary Plan) of the City's Platting Ordinance, and the request complies with the general goals and objectives of the City's 2030 Comprehensive Plan. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Brooklyn Center, Minnesota to recommend that Planning Commission Application No. 2019-005, submitted by Mike Albers on behalf of the City of Brooklyn Center for the Subject Property located RESOLUTION NO. 2019-071 in the vicinity of 5139 Brooklyn Boulevard be approved based upon the following considerations: Plat Approval: Approval of the preliminary and final plat for BROOKDALE COVENANT ADDITION are contingent upon the addressing of comments by Assistant City Engineer Hogg in his memorandum dated April 5t', 2019, Chapter 15 of the City Code of Ordinances (Platting), any comments provided by Hennepin County, and the successful recording of said plat with Hennepin County. a. The City shall coordinate with Hennepin County for the vacation of the county interest in the unused portion of Brooklyn Boulevard right-of-way prior to recording of final plat. b. Some private site appurtenances (e.g. light poles, signs, etc.) were designed to encroach on what will be public easement areas upon recording of the final plat. For appurtenances that will not have any direct impact on the public elements within the easement area, as allowed and approved by the City, will require an Encroachment Agreement or other appropriate instrument subsequent to recording of the final plat. The Encroachment Agreement or other appropriate instrument shall have specific details and requirements pertaining to the encroachment. c. Submit two mylar copies of the final plat signed by the surveyor and property owner. i. An updated certified abstract of title or registered property report must be provided for review prior to recording of final plat. April 22nd, 2019 Date Mayor ATTEST: 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. Ryan, Graves, Elliott and the following voted against the same: None whereupon said resolution was declared duly passed and adopted.