HomeMy WebLinkAbout2016-144 CCRMember Lin Myszkowski introduced the following resolution and moved its
adoption:
RESOLUTION NO. 2016-144
RESOLUTION REGARDING THE DISPOSITION OF PLANNING
COMMISSION APPLICATION NO. 2016-008 SUBMITTED BY HARSHAL
PATEL WITH BROOKLYN CENTER HOTEL GROUP, LLC FOR SITE AND
BUILDING PLAN OF A NEW FAIRFIELD INN AND SUITES HOTEL
DEVELOPMENT (LOCATED 6250 EARLE BROWN DRIVE)
WHEREAS, on June 27, 2005 the City Council adopted Resolution No. 2005-97,
which approved the rezoning from CIA (Service-Office) to PUD/CIA (Planned Unit
Development/Service- Office) of the 6.2 acre site located at 6300 Earle Brown Drive (the "Subject
Property"), and which was formally approved under Ordinance No. 2005-07, adopted July 25,
2005; and
WHEREAS, on May 14, 2007, the City Council adopted Resolution No. 2007-70,
which allowed the construction of a two building hotel complex, one consisting of an eight story,
175 room Embassy Suites hotel with a 100-seat restaurant and a physical connection to the Earle
Brown Heritage Center (Phase I), along with a future Phase II development of a complementary
75-room future hotel; and
WHEREAS, in 2009, Brooklyn Hotel Partners, LLC completed a majority portion
of Phase I by constructing the current 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 the failure to complete the required improvements noted above,
on June 28, 2010 the City's EDA adopted Resolution No. 2010-14, which was an amendment to
the Development Agreement and 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 II development;
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.; and
RESOLUTION NO. 201€--144
WHEREAS, on July 8, 2013, the City Council later adopted Resolution No. 2013-
73, which approved a joint request from the City's EDA and Minnesota Hospitably Inc. for an
amendment to the original Embassy Suites Planned Unit Development, and authorized a letter of
intent with Minnesota Hospitality Inc. to provide a new four story, 81 -unit Candlewood Extended
Stay Hotel on the EDA owned parcel, commonly referred to as the "Embassy Suites II Site" and
addressed as 6250 Earle Brown Drive (hereinafter referred to as the "Subject Property"), with
certain conditions 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:
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 II materials include: EFIS, pre-finished metal, concrete block,
fiber-reinforced cement board siding, canvas or vinyl awnings.
6)The Subject Property is allowed the following modifications:
That the parking standards for this project are adjusted from one
space for each unit plus one space for each employee on any one
RESOLUTION NO. 2016-144
shift is modified to one space for each unit plus one space for each
employee on the evening shift; and
ii. 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'd Addition; and
WHEREAS, Minnesota Hospitality Inc. failed to perform on this approved PUD
Amendment and/or letter of intent by not completing the real estate transaction of the Subject
Property, nor submitted any building permit to construct the Candlewood Suites Hotel as
planned; and
WHEREAS, Harshal Patel with Brooklyn Center Hotel Group, LLC submitted
Planning Application No. 2016-008, which requests consideration and approval of Site and
Building Plan to construct a new 4-story, 82-room Fairfield Inn and Suites hotel facility on the
Subject Property; and
WHEREAS, on August 25, 2016, the Planning Commission held a duly called
public hearing, whereby a staff report and public testimony regarding this Site and Building Plan
were received and considered by the Planning Commission; and
WHEREAS, in light of all testimony received, and utilizing the guidelines and
standards for evaluating site and building plans, as contained in Section 35-230 (Plan Approval) of
the City's Zoning Ordinance, along with consideration of the goals and objectives of the City's
Comprehensive Plan, the Planning Commission considers this Site and Building Plan an
appropriate and reasonable use and redevelopment of the Subject Property; and
WHEREAS; the Planning Commission did determine that Planning Application
No. 2016-008, submitted by Harshal Patel with the Brooklyn Center Hotel Group, LLC may be
approved based upon the following considerations:
A.the proposed use of an 82-room hotel facility at the subject property is an
acceptable use under this PUD/C1-A district; and meets the general
definitions or standards of a permitted use under Zoning Code Section 35-
321;
B.the proposed hotel project will provide an ideal opportunity for
redevelopment of a key and targeted area of the community, should
complement the adjacent Embassy Suites hotel and Earle Brown Heritage
Center, and will help stimulate new investment in the neighborhood and
RESOLUTION NO. 2016-144
the community;
C.the proposed project appears to demonstrate a clear and public need or
benefit to the community and regional area, as it will improve the
appearance of the city and enhance the quality of life, property values and
civic pride in this neighborhood area;
D.the proposed hotel project facilitates the planned redevelopment plans of
this site, and is compatible with the goals, objectives and policies of the
City's 2030 Comprehensive Plan and underlying land use plan;
E.the new hotel project provides an ideal opportunity in offering additional
alternatives to transient housing (hotel) needs for this area, especially with
the community's nearby Earle Brown Heritage Center;
F.the new hotel project will not be injurious to the use and enjoyment of
other uses in and around this commercial/office area;
G.the new hotel project will not impede the normal orderly development and
proposed improvements of this area; and
H.the proposed layout of this new hotel, including the new buildings, site
improvements, walkways, and trails, and other improvements identified
within these Site and Building Plans, are hereby acceptable and approved.
AND WHEREAS, upon acceptance of all public comments and discussion of this
item, the Planning Commission adopted Planning Commission Resolution No. 2016-09, which
provides a favorable and unanimous recommendation to the City Council that this Site and
Building Plan to construct a new 4-story, 82-room Fairfield Inn and Suites hotel facility on the
Subject Property, should be approved with certain conditions.
NOW, THEREFORE, BE IT RESOLVED by the City Council of Brooklyn
Center, Minnesota that Harshal Patel with Brooklyn Center Hotel Group, LLC, requesting
consideration and approval of a new Site and Building Plan to construct a new 4-story, 82-room
Fairfield Inn and Suites hotel facility on the Subject Property, and as formally submitted under
Planning Application No. 2016-008, is hereby approved, subject to the following conditions:
1. Developer/Applicant agrees to comply with all conditions or provisions
noted in the City Engineer's Review memo, dated August 17, 2016.
2. The building plans are subject to review and approval by the Building
Official with respect to applicable codes prior to the issuance of permits.
RESOLUTION NO. 2016-144
3.Final grading, drainage, utility and erosion control plans and any other site
engineering elated issues are subject to review and approval by the City
Engineer prior to the issuance of permits.
4.The Site Lighting Plan should be revised to include new lights or lamps
above all exit doors; and new accent lighting, pedestrian level lights or
wall sconces (pack) lights in the rear area of the hotel near the walkways
and patio/seating areas.
5.Any outside trash disposal facilities and roof top or on-ground mechanical
equipment shall be appropriately screened from view.
6.An underground irrigation system shall be installed in all landscaped areas
to facilitate site maintenance.
7.Appropriate erosion and sediment control devices shall be provided on site
during construction as approved by the City's Engineering Department
and applicant shall obtain an NPDES construction site erosion permit from
the Minnesota Pollution Control Agency prior to disturbing the site.
8.Site Plan approval is exclusive of all signs scheduled to be installed on this
site, including new wall (building) and monument style signs. All signs
are subject to Chapter 34 of the City Code of Ordinances and shall be
approved under separate sign permits.
9.Any major changes or modifications made to this Site and Building Plan
can only be made by an amendment to the approved Site and Building
Plan as approved by the City Council.
10.Developer must submit an as-built survey of the property, improvements
and utility service lines and structures; and provide certified record
drawings of all project plan sheets depicting any associated private and/or
public improvements, revisions and adjustments prior to issuance of the
certificate of occupancy. The as-built survey must verify that all property
corners have been established and are in place at the completion of the
project as determined and directed by the City Engineer.
RESOLUTION NO. 2016-444
September 12 2016
Dte
ATTEST:. 6;:gm______________
City Clerk
The motion for the adoption of the foregoing resolution was duly seconded by member
April Graves
and upon vote being taken thereon, the following voted in favor thereof:
Tim Willson, April Graves, Kris Lawrence-Anderson, Lin Myszkowski
and the following voted against the same:
whereupon said resolution was declared duly passed and adopted.