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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.