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HomeMy WebLinkAbout2019-168 CCRMember Graves introduced the following resolution and moved its adoption: RESOLUTION NO. 2019-168 RESOLUTION REGARDING RECOMMENDED DISPOSITION OF PLANNING COMMISSION APPLICATION NO. 2019-017 SUBMITTED BY REAL ESTATE EQUITIES, LLC, REQUESTING APPROVAL OF THE PRELIMINARY AND FINAL PLAT FOR NORTHWAY CROSSING (LOCATED AT 5801 XERXES AVENUE NORTH AND FORMERLY KNOWN AS JERRY'S FOODS SITE) WHEREAS, Planning Commission Application No. 2019-017 was submitted by Real Estate Equities, LLC, requesting preliminary and final plat approval to subdivide the property located at 5801 Xerxes Avenue North ("the Subject Property") into two parcels to be known as NORTHWAY CROSSING; and WHEREAS, the proposed subdivision would result in a "northeasterly parcel" of approximately 115,954 -square feet (2.66 acres), and a "southwesterly parcel" of approximately 140,116 -square feet (3.22 acres) of what is currently known as Tract B, Registered Land Survey No. 1262, Hennepin County, Minnesota; and WHEREAS, Planning Commission Application No. 2019-006, which contemplated the construction of a five story, 143 -unit independent affordable senior living building and four- story, 127 -unit workforce apartment building and re -zoning of the property from C2 (Commerce) District to PUD-TOD (Planned Unit Development -Transit Oriented Development), was approved by City Council on May 28, 2019 under City Council Resolution No. 2019-081 (Resolution Regarding Disposition of Planning Commission Application No. 2019-006 for Approval of a Planned Unit Development with Zoning Classification of PUD-TOD and Development Site Plan at 5801 Xerxes Avenue N); and WHEREAS, the request for preliminary and final plat approval arose from a requirement that the two multi -family buildings slated for construction on the Subject Property be constructed on separate parcels due to the financing mechanisms being used; and WHEREAS, the Applicant submitted documentation as part of Planning Commission Application No. 2019-017, outlining the proposed new interior lot line in relation to the approved site plan for the approved five -story, independent senior living building on the northwesterly parcel, and four-story, workforce apartment building on the southwesterly parcel, along with supporting exhibits that outline the proposed easements for ingress/egress, common parking, sidewalk, storm sewer, and sanitary sewer; and WHEREAS, City staff reviewed the submitted documentation to ensure the approved buildings would meet the minimum required 15 -foot building setbacks on all four sides of the existing parcel located at 5801 Xerxes Avenue North, which was outlined as a condition of approval under City Council Resolution No. 2019-081; and that the building orientations and RESOLUTION NO. 2019-168 identified site improvements were still substantially the same; and WHEREAS, the City Attorney determined that, so long as there were no alterations to the previously approved development plan, including the orientations of the buildings, a PUD Amendment would not be required; and WHEREAS, current property owner, ILEX Group, LLC, had expressed concerns regarding the subdivision of the Subject Property prior to closing with Real Estate Equities, LLC, and has requested that the recording of any approved subdivision of the Subject Property take place at time of or after the scheduled closing on the Subject Property; and WHEREAS, on November 14, 2019, the Planning Commission of Brooklyn Center, Minnesota held a duly called public hearing, whereby this item was given due consideration, a staff report was presented, and a public hearing was opened to allow for public testimony regarding the preliminary and final plats for NORTHWAY CROSSING, which were received and noted for the record; and WHEREAS, the Planning Commission has determined during its review of the plat, and materials submitted with Planning Commission Application No. 2019-017, that said plat is in general conformance with the City of Brooklyn Center's City Code of Ordinances, and specifically Chapter 15 — Platting. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Brooklyn Center, Minnesota does hereby recommend that Planning Commission Application No. 2019-017, as submitted by Real Estate Equities, LLC, and requesting preliminary and final plat approval for NORTHWAY CROSSING, may be approved based upon the following conditions: 1. Conformance with all conditions of approval addressed under City Council Resolution No. 2019-081 for the related PUD and development site plan approvals, as contemplated under Planning Commission Application No. 2019-006; 2. Address the comments by Assistant City Engineer Hogg in his memorandum dated October 31, 2019; 3. Final plat and associated mylar shall be subject to and must comply with the provisions of Chapter 15 of the City Code of Ordinances (Platting); 4. The Subject Property remains subject to the agreements required by the City in its previous approvals; 5. Address any comments and/or requirements as provided by Hennepin County; 6. Address any comments and/or requirements from the City Attorney's office, and specifically regarding an updated certified abstract of title for the affected properties; and 7. The successful recording of said plat (mylar) with Hennepin County at the time of or after closing on the Subject Property with current property owner, ILEX Group, LLC. RESOLUTION NO. 2019-168 November 25 2019 Date ATTEST: City Cleric t' Mayor 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: Butler, Elliott, Graves, Lawrence -Anderson, and the following voted against the same: None whereupon said resolution was declared duly passed and adopted.