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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; Res.2013-08 1 of 7 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. Res.2013-08 2of7 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 Res.2013-08 3 of 7 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. Res.2013-08 4of7 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. Res.2013-08 5 of 7 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 Res.2013-08 6 of 7 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. Res.2013-08 7 of 7