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HomeMy WebLinkAbout2020-068 CCRMember Ryan introduced the following resolution and moved its adoption; RESOLUTION NO. 2020-068 RESOLUTION REGARDING THE RECOMMENDED DISPOSITION OF PLANNING COMMISSION APPLICATION NO, 2020-005 FOR PRELIMINARY AND FINAL PLAT AND SITE AND BUILDING PLAN APPROVALS AND THE ESTABLISHMENT OF A PLANNED UNIT DEVELOPMENT FOR THE SUBJECT PROPERTIES LOCATED IN THE 6900 BLOCK OF BROOKLYN BOULEVARD AND KNOWN AS 6921, 69275 6933, AND 6939 BROOKLYN BOULEVARD WHEREAS, Planning Commission Application No. 2020-005, submitted by C Alan Homes ("the Applicant"), requests review and consideration for approval of a preliminary plat, final plat, and site and building plan, and establishment of a Planned Unit Development (PUD) for four properties currently owned by the Economic Development Authority (EDA) of Brooklyn Center, Minnesota, located just north of 69t' Avenue North and west of Brooklyn Boulevard, and known as 6921, 6927, 6933, and 6939 Brooklyn Boulevard ("the Subject Property"); and WHEREAS, the Subject Property is currently zoned C1 (Service/Office) District under the City's Zoning Code; and WHEREAS, the Applicant appeared before the City Council of Brooklyn Center, Minnesota on May 11, 2020 for a concept plan review of their proposed development of six (6) triplexes and related site improvements on the Subject Property, in conjunction with a second proposal from the Applicant to construct another seven (7) triplexes and related improvements to the south of the Subject Property at 6025, 6031, 6037, and 6045 Brooklyn Boulevard, and submitted for separate consideration under Planning Commission Application No. 2020-004; and WHEREAS, on June 22, 2020, the City Council of Brooklyn Center, Minnesota approved a Preliminary Development Agreement with C Alan Homes, LLC for the two aforementioned sets of properties located along Brooklyn Boulevard to allow the Applicant time to review the properties, obtain financing, work through City land use approvals, and negotiate with the EDA on the purchase of the properties pending approval of the aforementioned Planning Commission Application No. 2020-005; and WHEREAS, a public hearing for Planning Commission Application No. 2020-005 was initially scheduled for July 9, 2020; however, City staff exercised its rights under Minnesota Statutes Section 15.99, Subd. 3(f) to extend the review period for an additional sixty (60) days to allow the Applicant additional time to reconcile adjustments necessary to the site plan for additional easements and determine the ability for driveway access off Brooklyn Boulevard from Hennepin County; and WHEREAS, on August 13, 2020, the Planning Commission of the City of Brooklyn Center, Minnesota received and reviewed a planning report on the proposed preliminary plat, final plat, site and building plan, and Planned Unit Development proposals for the proposed new construction of seven triplexes and related site improvements on the approximately 0.98 acre site; and WHEREAS, the Planning Commission of the City of Brooklyn Center, Minnesota held a duly noticed and called public hearing on August 13, 2020, whereby a planning staff report was presented and public testimony regarding the proposal were received. Notice of such public hearing was published in the official newspaper and notices were mailed to adjacent property owners as required by City Code, and notification signage was installed on the Subject Property; and WHEREAS, the Planning Commission of the City of Brooklyn Center, Minnesota considered the requests in light of all testimony received, the guidelines and standards for evaluating the preliminary and final plat under Chapter 15 (Platting),'site and building plans under Chapter 35 (Zoning) and specifically Section 35-230 (Plan Approval), and Planned Unit Developments as contained in Section 35-355 (Planned Unit Development) of the City's Zoning Code, including compliance with the guidelines for re -zoning properties, and the request complies with the general goals and objectives of the City's 2040 Comprehensive Plan; and WHEREAS, the Subject Property would be re -zoned from Cl (Service/Office) District to PUD/N-MU (Planned Unit Development-Neighborhood/Mixed Use) District, which is consistent with the future land use designation and density outlined in the 2040 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. 2020-005, submitted by C Alan Homes, be approved based upon the findings of fact in the August 13, 2020 planning report and submitted plans, as amended by the following conditions of approval: Anticipated Permitting 1. The Applicant shall apply for and receive a City Land Disturbance permit prior to commencing any grading or land clearance activities on the site. 2. The Applicant shall obtain any required permits from Hennepin County for work in the County right -of --way. 3. The Applicant shall meet all requirements of the Shingle Creek Watershed Commission, including incorporation of water quality measures, as specified by the City. 4. The Applicant shall apply for and receive all applicable City building permits prior to commencing construction of any work. 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. Plat Review 8. Approval of the preliminary and final plats are contingent upon the addressing of comments by Assistant City Engineer Hogg in his memorandum dated August 4, 2020. a. The Applicant shall complete the vacation of any identified easements and ensure notice of completion of vacation is recorded with Hennepin County prior to recording of final plat and mylar. ' 9. Final plat and mylar shall be subject to the provisions of Chapter 15 of the City Code of Ordinances (Platting). 10. Any comments and/or requirements as provided by Hennepin County. 11. Any comments and/or requirements from the City Attorney's office, and specifically regarding an updated certified abstract of title. 12. The successful recording of said plat (mylar) with Hennepin County. PUD /Site Plan Review 13. 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, 14. The Applicant shall enter into a Purchase Agreement with the Economic Development Authority of Brooklyn Center prior to the execution of the Final Plat. 15. The Applicant shall enter into a PUD agreement with the City of Brooklyn Center prior to the execution of the Final Plat. 16. The Applicant shall distribute Section 8 units through each of the identified three floors of triplex buildings identified for Section 8 voucher holders so as to prevent designating a particular level for such units. 17. The Applicant shall enter into a Performance Agreement with supporting financial guarantee approved by the City shall be executed prior to the issuance of any permits. 18. The Applicant shall enter into a Construction Management Plan and Agreement and provide a separate deposit for any non-compliance. Engineering Review 19. The Applicant agrees to comply with all conditions or provisions noted in the City Engineer's Review memorandum, dated August 4, 2020. 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. Fire Inspector/ Building Official Review 20. The Applicant shall work to ensure all applicable 2015 Minnesota Fire Code requirements have been met as part of any plan approval, including installation of a minimum 2046ot wide drive aisle. 21. The building plans are subject to review and approval by the Building Official with respect to applicable codes prior to the issuance of permits, 22. The Applicant shall apply for a SAC determination from the Metropolitan Council. Said determination shall be forwarded to the City and paid for upon issuance of any City permits. 23. The Applicant shall work with the Building Official to address all minimum requirements for accessibility as they relate to units, parking, accessible routes, etc. August 245 2020 L v ` k" / Date Mayor A ATTEST: City Cleric 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: Butler, Elliott, Graves Lawrence -Anderson, Ryan and the following voted against the same: None whereupon said resolution was declared duly passed and adopted.