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Home My WebLink About2019-087 CCRMember Ryan introduced the following resolution and moved its adoption: RESOLUTIONNO. 2019 - 087 RESOLUTION REGARDING DISPOSITION OF PLANNING COMMISSION APPLICATION NO. 2019-008 FOR APPROVAL OF A NEW PLANNED UNIT DEVELOPMENT WITH NEW ZONING CLASSIFICATION OF PUD -R1 PLANNED UNIT DEVELOPMENT — ONE FAMILY RESIDENCE AND PRELIMINARY/ FINAL PLAT APPROVAL FOR A SUBVISION OF THE SUBJECT PROPERTIES. WHEREAS, Planning Commission Application No. 2019-008 submitted by Centra Homes (the "Applicant") requests review and consideration for a preliminary/final plat approval and Planned Unit Development (PUD) for the parcels located just south of 69th Ave N and west of Highway 252 and legally described in the attached Exhibit A ("Subject Properties"); and WHEREAS, the Applicant proposes to replat the Subject Properties as EASTBROOK ESTATES 2� ADDITION, as shown the plat attached hereto as Exhibit B, with 30 single-family lots and to construct certain public improvements on this approximately 7.55 acre site. WHEREAS, the Planning Commission held a public hearing on the requested approvals on June 13th, 2019, heard from the Applicant and the members of the public who wished to speak to this matter, and voted to forward the application to the City Council with a recommendation that it be approved with certain conditions; and WHEREAS, the City Council, at its June 24th, 2019 meeting, conducted a public hearing, considered the Planning Commission's recommendation, the Planning Commission Report dated June 13, 2019, the Planner's report made to the City Council, the goals and objectives of the City's Comprehensive Plan, and the applicable criteria and standards within the City Code related to the requested approvals; and WHEREAS, the City Council determines the proposed development satisfies the requirements of the City Code, provided the Applicant complies with the conditions contained in this Resolution. NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of Brooklyn Center, Minnesota does hereby approve Planning Commission Application No. 2019-008, as submitted by Centra Homes LLC, for a preliminary/final plat approval and Planned Unit Development (PUD) for the Subject Properties based on the findings of fact, submitted plans, and the record of this matter, conditioned upon the approval and final adoption of an ordinance rezoning the Subject Properties, and provided the Applicant complies with all of the following conditions: Anticipated Permitting 1. The Applicant shall apply fbr and receive a City Land Disturbance permit prior to commencing any grading or land clearance activities on the site. 2. The Applicant shall apply fbr and receive an NPDES permit from the MPCA. RESOLUTION NO. 2019-087 3. The Applicant shall submit plans to the city for Shingle Creels Watershed District review. 4. The Applicant shall apply for and receive all applicable City building permits prior to commencing construction of any structures. 5. Other permits not listed may be required and is the responsibility of the developer to obtain and warrant. 6. Copies of all required permits must be provided to the City prior to issuance of applicable building and land disturbance permits. 7. A preconstruction conference must be scheduled and held with City staff and other entities designated by the City. PUD / Site Improvement Review 8. All driveways within the development shall not exceed the width of the garage. 9. Any modifications to the submitted plans shall be reviewed by City staff with respect to applicable codes prior to the issuance of permits, and fire related building code items shall be reviewed and approved by the Fire Chief. a. Any significant changes or modifications made to this request can only be made by an amendment to the approved Planned Unit Development as approved by the City Council. 10. Agreements: a. The Applicant shall enter into a Purchase Agreement with the Economic Development Authority of Brooklyn Center prior to the execution of the Final Plat. b. The Applicant shall enter into a PUD agreement with the City of Brooklyn Center prior to the execution of the Final Plat. c. The Applicant shall enter into a Performance Agreement with supporting financial guarantee approved by the City shall be executed prior to the issuance of a Land Disturbance Permit for site improvements. d. The Applicant shall enter into a Construction Management Plan and Agreement, and a $5,000 escrow deposited, prior to the issuance of a Land Disturbance Permit. e. The Applicant shall enter into a Public Improvement Agreement prior to the issuance of a Land Disturbance Permit. f. The Applicant shall enter into a Utility Facilities Easement Agreement prior to the issuance of a Land Disturbance Permit. g. The Applicant shall enter into a Stoimwater Easement and Maintenance Agreement prior to the City's acceptance of any public infrastructure improvements. Some of the agreements listed above may be combined into a single agreement as the City Attorney may determine is appropriate. Engineering Review 11. The Applicant agrees to comply with all conditions or provisions noted in the City Engineer's Review memorandum, dated June 8, 2019 (Exhibit Q. 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. RESOLUTION NO. 2019-087 Fire Inspector/ Building Official Review 12, Gutters shall be required to be installed on each side of the building facing the side property lines to eliminate sloping problems and water build up in the easement. 13. Development of properties on 68th Lane N, 5th Street N and Camden Avenue N, must be built on established street within 300 feet of installed or existing hydrant. Exceptions may be granted with approval from the Building Official and Fire Inspector for lots than can be sufficiently accessed for fire protection. 14. Development shall have all electric, water, sewer, and curbing installed prior to the issuance of certificates of occupancy. 15. The Applicant shall work to ensure all applicable 2015 Minnesota Fire Code requirements have been met as part of any site plan approval. 16. The building plans are subject to review and approval by the Building Official with respect to applicable codes prior to the issuance of permits. 17. Final grading, drainage, utility and erosion control plans and any other site engineering elated issues are subject to review and approval by the City Engineer prior to the issuance of permits. BE IT FINALLY RESOLVED, that City Council hereby: (1) directs staff to prepare all agreements required of the conditions of approval, subject to the approval of the City Attorney; (2) authorizes the Mayor and City Manager to execute such agreements on behalf of the City; and (3) authorizes City staff to take such other actions and to execute such documents as may be needed to carry out the intent of this Resolution. June 24"' 2019 Date Mayor ATTEST: City Clerk The motion for the adoption of the foregoing resolution was duly seconded by member Graves and upon vote being taken thereon, the following voted in favor thereof. Ryan, Grave, and Lawrence -Anderson and the following voted against the same: None and the following abstained from voting; Elliot whereupon said resolution was declared duly passed and adopted. RESOLUTION NO. EXHIBIT A Legal Description of Subject Properties Lot 27 Auditor's Subdivision Number 310; E 75 Ft of W1 75 Ft of the Part of Lot 27 Lying N of the S 112 Ft Also that part of Lots 24, 25, 26, and 27 Said Auditors Subdivision No 310; Lot 29 Auditor's Subdivision Number 310; Lot 30 Auditor's Subdivision Number 310; Lot2 Block 1 Swanco Terrace; Outlook A of Ditzler Addition; Lot 2 Block 1 East Book Estates; Lot 3 Block 1 East Book Estates; Outlot A of Eastbrook Estates Property IDS: 3611921120031 3611921120033 3611921120036 3611921120037 3611921120038 3611921210106 3611921210118 3611921210120 3611921210121 3611921210125 RESOLUTION NO. 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