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HomeMy WebLinkAbout1999-159 CCRMember Ed Nelson introduced the following resolution and moved its adoption: RESOLUTION NO. 99-159 RESOLUTION REGARDING DISPOSITION OF PLANNING COMMISSION APPLICATION NO. 99009 SUBMITTED ON BEHALF OF MOTEL 6 OPERATING LP WHEREAS, Resolution No. 98-47 approved a rezoning from I-1 (Industrial Park) to PUD/I-1 of a 7.28 acre parcel of land located at the southeast quadrant of Xerxes Avenue North and Freeway Boulevard; and WHEREAS, that PUD proposal also included site and building plan approval for the first phase development on a portion of the property for a 104 unit Extended Stay America Motel; and WHEREAS, future development on the remaining two lots was deferred pending submission of a Planned Unit Development amendment; and WHEREAS, Planning Commission Application No. 99009 submitted by Progressive Consulting Engineers, Inc. on behalf of Motel 6 Operating LP has been submitted for the development of a three story, 122 unit motel on Lot 2, Block 1, Shingle Creek 5th Addition which is a part of the above mentioned Planned Unit Development; and WHEREAS, the Planning Commission held a duly called public hearing on October 14, 1999, when a staff report and public testimony regarding the Planned Unit Development amendment were received; and WHEREAS, the Planning Commission recommended approval of Planning Commission Application No. 99009 by adopting Planning Commission Resolution No. 99-03 on October 14, 1999; and WHEREAS, the City Council considered Planning Commission Application No. 99009 at their October 25, 1999, meeting; and WHEREAS, the City Council has considered this Planned Unit Development amendment request in light of all testimony received, the guidelines for evaluating rezonings contained in Section 35-208 of the City's Zoning Ordinance, the provisions of the Planned Unit Development ordinance contained in Section 35-355, the City's Comprehensive Plan and the Planning Commission's recommendation. RESOLUTION NO. 99-159 NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Brooklyn Center that Planning Commission Application No. 99009 submitted by Progressive Consulting Engineer's, Inc. on behalf of Motel 6 Operating LP be approved in light of the following considerations: 1. The Planned Unit Development Amendment is compatible with the standards, purposes and intent of the Planned Unit Development section of the City's Zoning Ordinance. 2. The Planned Unit Development proposal will allow for the utilization of the land in question in a manner which is compatible with, complimentary to and of comparable intensity to adjacent land uses as well as those permitted on surrounding land. 3. The utilization of the property as proposed under this Planned Unit Development amendment is considered a reasonable use of the property and will conform with city ordinance standards except for allowing an off premise directional sign which is justified on the basis of extensive precedent for such a sign. 4. The Planned Unit Development proposal is considered compatible with the recommendations of the City's Comprehensive Plan for this area of the city. 5. The Planned Unit Development amendment appears to be a good long range use of the existing land and can be considered an asset to the community. 6. In light of the above considerations, it is believed that the guidelines for evaluating rezonings as contained in Section 35-208 of the City's Zoning Ordinance are met and that the proposal is, therefore, in the best interests of the community BE IT FURTHER RESOLVED by the City Council of the City of Brooklyn Center that approval of Planning Commission Application No. 99009 be subject to the following conditions and considerations: 1. The building plans are subject to review and approval by the Building Official with respect to applicable codes prior to the issuance of permits. 2. Grading, drainage and utility plans as well as appropriate utility easements for adjoining properties are subject to review and approval by the City Engineer prior to the issuance of permits. RESOLUTION NO. 99-159 3. A site performance agreement and supporting financial guarantee in an amount to be determined based on cost estimates shall be submitted prior to the issuance of permits. 4. Any outside trash disposal facilities and rooftop or on-ground mechanical equipment shall be appropriately screened from view. 5. The building is to be equipped with an automatic fire extinguishing system to meet NFPA standards and shall be connected to a central monitoring device in accordance with Chapter 5 of the City Ordinances. 6. An underground irrigation system shall be installed in all landscaped areas to facilitate site maintenance. 7. Plan approval is exclusive of all signery which is subject to Chapter 34 of the City Ordinances with the exception of an off premises directional sign no larger than 16 square feet in area and 15 feet in height which can be located at the shared access on Freeway Boulevard. Said directional sign is justified on the basis of extensive precedent for such sign signs in similar circumstances. 8. B-612 curb and gutter shall be provided around all parking and driving areas. 9. The applicant shall submit an as-built survey of the property, improvements and utility service lines prior to release of the performance guarantee. 10. The property owner shall enter into an easement and agreement for maintenance and inspection of utility and storm drainage systems as determined by the City Engineer prior to the issuance of permits. 11. Plans shall be modified to relocate the driveway serving this property so that it is directly across from the driveway on the opposite side of Freeway Boulevard as required by the City Engineer. The cross access easement providing access from Freeway Boulevard to Lot 2 shall be modified to reflect the driveway indicated on the site plan. 12. All work performed and materials used for construction of utilities shall conform to the City of Brooklyn Center's standard specifications and details. 13. The applicant shall obtain an NPDES permit from the Minnesota Pollution Control Agency and shall also provide adequate erosion control as approved by the City's Engineering Department. RESOLUTION NO. 99-159 14. The applicant shall enter into a development agreement with the City of Brooklyn Center to be reviewed and approved by the City Attorney prior to the issuance of building permits. Said development agreement shall be filed with the title to the property. 15. The plans shall be modified to provide 132 parking spaces which reflects the ordinance parking requirement for a 122 unit motel with 10 employees on any one shift. I October 25, 1999 Date ATTEST: 1~ City Clerk Mayor The motion for the adoption of the foregoing resolution was duly seconded by member Kay Lasman and upon vote being taken thereon, the following voted in favor thereof: Myrna Kragness, Debra Hilstrom, Kay Lasman, B Nelson, and Robert Peppe; and the following voted against the same: none; whereupon said resolution was declared duly passed and adopted.