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HomeMy WebLinkAbout2007-070 CCR1 Member Kay Lasman introduced the following resolution and moved its adoption: RESOLUTION NO. 2007-70 RESOLUTION REGARDING THE 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 CIA (Service-Office, no height limit) to PUD/CIA (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); and 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 the first phase 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 recommended approval of Application No. 2007-008 by adopting Planning Commission Resolution No. 2007-02 on April 26, 2007; and WHEREAS, the City Council considered Application No. 2007-008 at its May 14, 2007 meeting; and WHEREAS, the City Council 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 of the City's Zoning Ordinance, the City's Comprehensive Plan, City Council Resolution No. 2005-97 and the Planning Commission's recommendations. NOW, THEREFORE, BE IT RESOLVED by 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: RESOLUTION NO. 2007-70 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 City Council of the City of Brooklyn Center 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. 5. Any outside trash disposal facilities and rooftop or on ground mechanical equipment shall be appropriately screened from view. RESOLUTION NO. 2007-70 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 CIA 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 arrangement that will accommodate the two phase proposal. c. To provide the elimination of all parking lot encroachments into the public right of way. RESOLUTION NO. 2007-70 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. n Mav 14.2007 Date Mayor ATTEST: Jlaj~ City Clerk The motion for the adoption of the foregoing resolution was duly seconded by member Mark Yelich and upon vote being taken thereon, the following voted in favor thereof: Tim Willson, Kay Lasman, Dan Ryan, and Mark Yelich; and the following voted against the same: Mary 0' Connor; whereupon said resolution was declared duly passed and adopted.