HomeMy WebLinkAbout2007-02 PCRMember Graydon Boeck introduced the following resolution and
moved its adoption:
PLANNING COMMISSION RESOLUTION NO. 2007-02
RESOLUTION REGARDING THE RECOMMENDED DISPOSITION OF
PLANNING COMMISSION APPLICATION NO. 2007-008 SUBMITTED BY
SETH OLIVER (BROOKLYN HOTEL PARTNERS, LLC)
WHEREAS, City Council Resolution No. 2005-97 adopted on June 27, 2005
approved a rezoning from C1A (Service-Office, no height limit) to PUD/C1A (Planned Unit
Development/Service- Office, no height limit) of a 6.2 acre site located on the east side of the
west leg of Earle Brown Drive (to be addressed as 6300 Earle Brown Drive);
WHEREAS, that proposal comprehended the rezoning of the above mentioned
property and development plan approval for a 250 room hotel containing a 100 seat restaurant
and a 32,000 sq. ft. water park facility on the above mentioned site; and
WHEREAS, that specific development plan is no longer being considered for
implementation; and;
WHEREAS, Planning Commission Application No. 2007-008 consisting of a
PUD amendment to allow construction of a two building hotel complex consisting of an eight
story, 175 room Embassy Suites hotel and 100 seat restaurant with a physical connection to the
Earle Brown Heritage Center has been proposed by Seth Oliver (Brooklyn Hotel Partners, LLC);
and
WHEREAS, the Planning Commission held a duly called public hearing on April
26, 2007 when a staff report and public testimony regarding the Planned Unit Development
amendment were received; and
WHEREAS, the Planning Commission considered the 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 of the City' s Zoning Ordinance, the
City' s Comprehensive Plan and City Council Resolution No. 2005-97.
NOW, THEREFORE, BE IT RESOLVED by the Planning Advisory Commission
of the City of Brooklyn Center to recommend to the City Council of the City of Brooklyn Center
that Application No. 2007-008 submitted by Seth Oliver (Brooklyn Hotel Partners, LLC) be
approved in light of the following considerations:
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1. The Planned Unit Development 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 the Planned Unit Development
Rezoning is considered a reasonable use of the property and will conform with the
ordinance standards except for allowing a green strip along the Earl Brown Drive
right of way that is less than 15 ft. This modification from the CIA ordinance
standard is justified on the basis of the development plan being an appropriate plan
for this area and that it is off set or mitigated by various factors contained in the
approved site plan.
4. The Planned Unit Development proposal is considered consistent with the
recommendations of the City' s Comprehensive Plan for this area of the city.
5. The Planned Unit Development proposal appears to be a good long range use of
the existing land and this development 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 the proposal is, therefore, in the best interest of the
community.
BE IT FURTHER RESOLVED by the Planning Advisory Commission of the
City of Brooklyn Center to recommend to the City Council that Application No. 2007-008 be
approved 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, utility and erosion control plans are subject to review and
approval by the City Engineer prior to the issuance of permits.
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
building permits to assure completion of all required site improvements.
4. B-612 curb and gutter shall be provided around all parking and driving areas.
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5. Any outside trash disposal facilities and rooftop or on ground mechanical
equipment shall be appropriately screened from view.
6. The building shall 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.
7. Underground irrigation shall be installed in all landscaped areas to facilitate site
maintenance.
8. Plan approval is exclusive of all signery which is subject to Chapter 34 of the City
Ordinances.
9. The applicant shall submit an as built survey of the property, improvements and
utility service lines prior to the release of the performance guarantee.
10. All work performed and materials used for construction of utilities shall conform
to the City of Brooklyn Center Standard Specifications and Details.
11. The applicant shall provide appropriate erosion control during construction as
approved by the City Engineering Department and obtain an NPDES construction
site erosion control permit from the Minnesota Pollution Control Agency prior to
disturbing the site.
12. The applicant' s storm water management plan shall be approved by the Shingle
Creek Watershed Management Commission prior to the issuance of building
permits for this project.
13. The applicant shall enter into a PUD agreement with the City of Brooklyn Center
to be reviewed and approved by the City Attorney prior to the issuance of building
permits. Said agreement shall be filed with the title to the property and shall
acknowledge the specific modifications to the C1A underlying zoning district as
well as other conditions of approval. The agreement shall further assure
compliance with the development plans submitted with this application.
14. The development plans shall be modified in the following manner.
a. To provide a lighting plan consistent with the requirements of Section
35-712 of the City Ordinances regarding lighting.
b. To provide a parking plan consistent with the parking requirements for
a hotel and restaurant complex or an appropriate off site parking
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arrangement that will accommodate the two phase proposal.
c. To provide the elimination of all parking lot encroachments into the
public right of way.
15. Approval of the 75 room hotel indicated as future development on the site is
subject to the Planned Unit Development amendment process prior to the
issuance of building permits for that project.
16. The property owner shall enter into an agreement for maintenance and
inspection of utility and storm drainage systems, as approved by the City
Engineer, to insure continued maintenance of on site utilities and storm water
facilities.
17. The property owner shall dedicate a drainage and utility easement over all
portions of the storm water detention pond within the hotel property as
approved by the City Engineer.
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/ Date hair Pro Tem
ATTEST: J
Secretary
The motion for the adoption of the foregoing resolution was duly seconded by member
Rachel Lund and upon vote being taken thereon, the following voted in favor
thereof: Chair Pro Tem Tim Roche, Commissioners Graydon Boeck, Gary Ford, Rachel Lund
and Della Young.
and the following voted against the same: None
whereupon said resolution was declared duly passed and adopted.
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