HomeMy WebLinkAbout2013-08 PCR Member Schonning introduced the following resolution and moved its
adoption;
PLANNING COMMISSION RESOLUTION NO. 2013-08
RESOLUTION REGARDING THE RECOMMENDED DISPOSITION OF
PLANNING COMMISSION APPLICATION NO. 2013-007 SUBMITTED BY
ECONOMIC DEVELOPMENT AUTHORITY FOR THE CITY OF BROOKLYN
CENTER OF A PLANNED UNIT DEVELOPMENT AMENDMENT TO THE
2007 BROOKLYN HOTEL PARTNERS LLC/EMBASSY SUITES PLANNED
UNIT DEVELOPMENT TO PROVIDE FOR THE ALLOWANCE OF A NEW
81-UNIT CANDLEWOOD SUITES HOTEL (LOCATED AT 6250 EARLE
BROWN DRIVE)
WHEREAS, City Council Resolution No. 2005-97 adopted on June 27, 2005
approved a rezoning from CIA (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,the"Subject Site");
WHEREAS, that proposal comprehended the rezoning of the above mentioned
property and the original development plan approval of a 250 room hotel containing a 100 seat
restaurant and a 32,000 sq..ft. water park facility on the Subject Site,which never developed; and
WHEREAS, Planning Commission Application No. 2007-008 consisted of a PUD
Amendment submitted by Brooklyn Hotel Partners, LLC, to allow construction of a two building
hotel complex, one consisting of an eight story, 175 room Embassy Suites hotel, a 100 seat
restaurant and physical connection to the Earle Brown Heritage Center, along with a future Phase
11 development of a complimentary 75-room,unidentified hotel; and
WHEREAS, on May 14, 2007, the City Council adopted Resolution No. 2007-70,
which accepted the PUD Amendment comprehended by Brooklyn Hotel Partners, LLC, and
allowed the development of the new Embassy Suites hotel to begin; and
WHEREAS, in 2009, Brooklyn Hotel Partners, LLC completed the main
construction of the Embassy Suites Hotel, but failed to complete the physical connection (the
"Link") to the Earle Brown Heritage Center and other improvements as required under the PUD
Development Agreements with the City; and
WHEREAS, due to this failure to complete the PUD Improvements, the City's
EDA adopted Resolution No. 2010-14, an amendment to the Development Agreement which
included the following actions:
1. Amended the rights and obligations of the, Economic Development
Authority, the City and Developer relating to the developer's forfeiture of
any rights to the Phase Il development;
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2. Confirmed the D-Barn Lease Agreement and easements for the EDA's
construction of the link;
3. Approved adjustments to the payment of tax abatements for the Phase I
development, including the right of set off to secure the D-Barn Lease and
Link Maintenance Agreement; and
4. Conveyed the development rights for Phase II to the EDA and the
obligation to construct the link to the Earle Brown Heritage Center.
WHEREAS, the EDA has now entered into a new purchase agreement with
Minnesota Hospitality Inc. to provide a new four story, 81-unit Candlewood Extended Stay Hotel
on the Subject Site, providing the City approves a PUD Amendment to allow this new hotel
development to take place on the Subject Site, with certain conditions; and
WHEREAS, the Planning Commission considered the conceptual development
plans for Phase Il by Minnesota Hospitality Inc. to include the following changes from the
conceptual plans illustrated on the 2007 Hotel plans approved as part of the Brooklyn Hotel
Partners PUD application, which are noted as follows:
1) The orientation of the hotel has changed from a westerly entrance facing
Earle Brown Drive to a central entrance facing the main entrance drive
and entrance to the Embassy Suites Hotel;
2) The plan changes the unidentified hotel with a minimum 75- room hotel
and 85 parking stalls to an 81-unit Candlewood Extended Stay Hotel with
86 parking stalls;
3) The plan continues to utilize the shared access points on Summit Drive
and now provides a connection to the sidewalk within the Earle Brown
Drive boulevard and the trail connection to the Earle Brown Heritage
Center;
4) The plan provides additional green space and yard area which
complements the open space and outdoor court area of the adjacent office
building; and
5) The architectural development standards for this hotel are identical to the
Shingle Creek Crossing PUD, which include the following:
i. At least 50% of all four sides of wall surfaces of the hotel will be
constructed of Class I materials and the remainder of Class Il
materials. Class I materials include: brick or acceptable brick-type
material, natural looking stone, textured cement stucco, copper,
architectural panels or masonry units with enhanced detailing such as
patterns, textures color, dimension, banding, brick inlay or glass.
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Class II materials include: EFIS, pre-finished metal, concrete block,
fiber-reinforced cement board siding, canvas or vinyl awnings.
WHEREAS, the Planning Commission is allowed to consider the uniqueness of
each PUD, which enables the specifications and standards for streets, utilities, public facilities,
approval of land subdivisions, and modifications to zoning standards; and as part of this
application, the EDA requests consideration to the following modifications:
1. That the parking standards for this project are adjusted from one space for
each unit plus one space for each employee on any one shift is modified to
one space for each unit plus one space for each employee on the evening
shift; and
2. That as part of the site plan approval the City will consider a simple metes
and bound description to facilitate a land division and combination of the
eastern portion of this platted lot (pond and trail) to the Earle Brown
Heritage Center, in lieu of a formal replat of Lot 2, Block 1, Brooklyn
Farm 2nd Addition.
WHEREAS, the Planning Commission held a duly called public hearing on June
26, 2013, whereby a staff report and public testimony regarding the Planned Unit Development
Amendment were received and considered by the Planning Commission; the Planning Commission
considered the Planned Unit Development Amendment request in light of all testimony received,
including the guidelines for evaluating such amendments as contained in Section 35-355 of the
City's Zoning Ordinance and the City's Comprehensive Plan; and
NOW, THEREFORE, BE IT RESOLVED by the Planning Advisory Commission
of the City of Brooklyn Center does hereby recommend to the City Council of the City of
Brooklyn Center that Application No. 2013-007 submitted by the Economic Development
Authority for the City of Brooklyn Center of a Planned Unit Development Amendment to the 2007
Brooklyn Hotel Partners LLC/Embassy Suites Planned Unit Development, in order to provide for
the allowance of a new 81-Unit Candlewood Suites Hotel, located at 6250 Earle Brown Drive, 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 Amendment 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 Planned Unit Development Amendment comprehended under this
review includes the following changes from the conceptual plans
illustrated on the 2007 Hotel plans approved as part of the Brooklyn Hotel
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Partners PUD application, which are noted as follows:
A. The orientation of the hotel has changed from a westerly entrance
facing Earle Brown Drive to a central entrance facing the main
entrance drive and entrance to the Embassy Suites Hotel;
B. The plan changes the unidentified hotel with a minimum 75- room
hotel and 85 parking stalls to an 81-unit Candlewood Extended
Stay Hotel with 86 parking stalls;
C. The plan continues to utilize the shared access points on Summit
Drive and now provides a connection to the sidewalk within the
Earle Brown Drive boulevard and the trail connection to the Earle
Brown Heritage Center;
D. The plan provides additional green space and yard area which
complements the open space and outdoor court area of the adjacent
office building; and
E. The architectural development standards for this hotel are identical
to the Shingle Creek Crossing PUD, which include the following:
i. At least 50% of all four sides of wall surfaces of the hotel
will be constructed of Class I materials and the remainder
of Class II materials. Class I materials include: brick or
acceptable brick-type material, natural looking stone, textured
cement stucco, copper, architectural panels or masonry units
with enhanced detailing such as patterns, textures color,
dimension, banding, brick inlay or glass. Class 11 materials
include: EFIS, pre-finished metal, concrete block, fiber-
reinforced cement board siding, canvas or vinyl awnings.
4) The utilization of the property as proposed under the Planned Unit
Development Amendment is considered a reasonable use of the property
and will conform to the ordinance standards except for allowing:
a) 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.
b) That the parking standards for this project are adjusted from one
space for each unit plus one space for each employee on any one
shift is modified to one space for each unit plus one space for each
employee on the evening shift.
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C) That as part of the site plan approval the City will consider a
simple metes and bound description to facilitate a land division and
combination of the eastern portion of this platted lot (pond and
trail) to the Earle Brown Heritage Center, in lieu of a formal replat
of Lot 2, Block 1, Brooklyn Farm 2"a Addition.
5) The Planned Unit Development Amendment proposal is considered
consistent with the recommendations of the City's Comprehensive Plan for
this area of the city.
6) The Planned Unit Development Amendment proposal appears to be a
good long range use of the existing land and this development can be
considered an asset to 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. 2013-007 be approved
subject to the existing considerations and conditions noted in previous City Resolution No. 2007-
70, adopted May 14, 2007,which are noted as follows:
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.
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.
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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.
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
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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.
June 26,2013
Date Chair
ATTEST: �
Secretary
The motion for the adoption of the foregoing resolution was duly seconded by Member Freedman
and upon vote being taken thereon,the following voted in favor thereof:
Chair Burfeind, Commissioners Freedman, Parks and Schonning
and the following voted against the same: Christensen
whereupon said resolution was declared duly passed and adopted.
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