HomeMy WebLinkAbout2018-137 CCRMember DPn Ryan introduced the following resolution
and moved its adoption:
RESOLUTION NO. 2018-137
RESOLUTION REGARDING THE RECOMMENDED DISPOSITION OF
PLANNING COMMISSION APPLICATION NO. 2018-011 SUBMITTED BY
LUX APARTMENTS, LLC, FOR AN AMENDMENT TO THE 1992 PLANNED
UNIT DEVELOPMENT PLANS AND DOCUMENTS AND SITE
IMPROVEMENTS TO ALLOW FOR THE CONVERSION OF A FORMER
SENIOR LIVING FACILITY TO MARKET RATE APARTMENTS (LOCATED
AT 6100 SUMMIT DRIVE NORTH)
WHEREAS, the City Council approved site and building plans for the construction
of an 11-story, 140-unit apartment complex submitted under Planning Commission Application No.
86027 through City Council Resolution Nos. 86-120 and 86-12 ion July 28, 1986, which approved
an amendment to the comprehensive plan to allow for mixed use developments including high
density, high-rise residential and general commerce in addition to service/office uses in the general
area of Earle Brown Farm and site and building plan approval of the apartment complex; and
WHEREAS, the City Council of Brooklyn Center approved Resolution No. 92-234
dated September 28, 1992, which approved the rezoning of two R-7 zoned parcels of land for the
establishment of a mixed-use Planned Unit Development, including the Subject Property formerly
known as Earle Brown Commons apartment building, and more recently as Earle Brown Terrace
senior living facility, and located at 6100 Summit Drive North; and
WHEREAS, the Planning Commission held a duly called public hearing on June
28, 2018, whereby a staff report and public testimony regarding the requested Planned Unit
Development amendment and site improvements were received and considered by the Planning
Commission, and the Planning Commission gave proper consideration of the Planned Unit
Development amendment and site improvements by utilizing the guidelines for evaluating such
requests as contained in Sections 35-230 (Plan Approval) and 35-355 (Planned Unit Development)
of the City's Zoning Ordinance and the City's Comprehensive Plan; and
WHEREAS; in light of all testimony received, the Planning Commission of the
City of Brooklyn Center, Minnesota, determined that Planning Application No. 2018-011,
submitted by Lux Apartments, LLC, may be approved based upon the following considerations:
a) The request for amendment to the 1992 Planned Unit Development plans
and documents is consistent with the initial approval of the PUD under City
Council Resolution No. 92-234, in that the intent is for the Subject Property
to remain as a multi-family residential property and is compatible with the
standards, purposes, and intent of the Planned Unit Development section of
the City's Zoning Ordinance.
b) The proposal for an amendment to the 1992 Planned Unit Development will
RESOLUTION NO. 2018-137
allow for the continued utilization of the land in question in a manner that
is compatible with, complementary to, and of comparable intensity to
adjacent land uses and those previously housed within the buildings on the
Subject Property, as well as those permitted on the surrounding land.
This is with the exception that the additional land necessary to install
parking on-site, which was never fully implemented and therefore did not
meet the City's minimum off-street parking requirement ratio of two (2)
parking stalls per dwelling unit as outlined in the original site and building
plan approval under City Council Resolution No. 86-121 due to the
subdivision of the Subject Property and establishment of a mixed PUD
under City Council Resolution 92-234, be allowed at a ratio of
approximately 1.7 off-street parking spaces per dwelling unit, and the
allowance of three additional dwelling units, for a total of 143 dwelling
units, be permitted, subject to obtaining separate site and building plan
approval.
C) The proposed internal site organization, circulation, and parking facilities
for the as proposed market rate apartments would be improved by providing
the additional parking necessary for continued use of the buildings as multi-
family residential.
AND WHEREAS, the Planning Commission of the City of Brooklyn Center,
Minnesota did determine that the guidelines for evaluating the Planned Unit Development
amendment and site improvements, as contained in Sections 35-230 and 35-355 of the City's Zoning
Ordinance, have been met, and the proposal is therefore, in the best interest of the community, subject
to the Applicant complying with the identified conditions of approval as noted below.
NOW, THEREFORE, BE IT RESOLVED by the City Council of Brooklyn Center,
Minnesota, that Planning Application No. 2018-011, submitted by Lux Apartments, LLC, which
requests approval of an amendment to the Planned Unit Development plans and documents of 1992,
and would allow for the as proposed parking ratio of approximately 1.7 parking spaces per dwelling
unit based upon a total allowance of 143 dwelling units, and a wall sign allowance of up to 350-
square feet on the south elevation of the existing eleven-story building on the Subject Property
located at 6100 Summit Drive North, may be approved subject to the Applicant submitting a
complete building, site plan and wall sign package for formal site and building plan approval by City
Council and per the following conditions:
1. PUD Amendment/Site Improvement Review: This approval and all plans are subject to
final review and approval through the formal submittal of a complete building and site plan
package to the City for approval by Planning Commission and City Council. No exterior
construction or alteration to the site, including the installation of additional parking,
RESOLUTION NO. 2018-137
installation of wall signage on the south elevation of the I 1-story building, construction of
additional units, etc., shall be permitted until the Applicant has received approval for the
yet to be submitted site and building plans and issuance of building and/or sign permits.
All requested alterations will need to be approved by City staff with respect to applicable
codes prior to the issuance of permits, and fire related building code items shall be reviewed
and approved by the Fire Chief
a.Any major changes or modifications made to this request can only be made
by an amendment to the approved Planned Unit Development plans and
documents and as approved by the City Council.
b.Any exterior improvements to the existing two buildings or additions to
the buildings will need to meet the City's Architectural Design Guidelines,
which requires that at least 50-percent of each elevation (face) of the
buildings be constructed of Class I materials, with the remainder
constructed of Class II materials.
C. The Applicant shall provide written verification to City staff as to whether
the historic former Minnesota State Patrol office building (also known as
the "Summit Bank Building") is subject to any design considerations as
part of state or federal historic society designation prior to performing any
interior or exterior work.
Agreements:
a.The existing PUD agreement with the City of Brooklyn Center shall be
revised to reflect these and any future approvals. This agreement is to be
reviewed and approved by the City Attorney prior to the issuance of
building permits. The agreement shall further assure compliance with the
development plans submitted with this application.
b.A Performance Agreement with supporting financial guarantee approved
by the City shall be executed upon any approval of the to-be submitted
complete plan set, which ensures the Subject Property will be constructed,
developed, and maintained in conformance with the plans, specifications
and standards comprehended under the yet to be approved site and building
plans.
C. The Developer shall submit an as built survey of the property,
improvements and utility service lines prior to release of any Performance
Agreement financial guarantee.
3.Engineering Review: The Applicant agrees to comply with all conditions or provisions
noted in the City Engineer's Review memo, dated June 25, 2018.
a. Final grading, drainage, utility and erosion control plans and any other site
engineering related issues are subject to review and approval by the City
Engineer as part of the yet to be submitted complete building, site plan,
and wall signage package for City site and building plan approval and prior
to the issuance of permits.
4.Landscaping: The Applicant shall provide an updated landscape plan with planting
schedule that meets the minimum requirements as identified under the City's Landscape
RESOLUTION NO. 2018-137
Point System Policy for multi-family residential uses and in consideration of the site
requirements identified by the Assistant City Engineer. All landscaped areas shall include
approved irrigation systems to facilitate site maintenance.
Lighting: The Applicant shall provide a lighting plan that identifies all existing and
proposed lighting for the parking lots and building. The lighting plan shall include a site-
wide photometric plan that is in conformance with the lighting provisions as noted under
the City Zoning Ordinance and in consideration of the City's Architectural Design
Guidelines. Fixture specifications shall be provided prior to issuance of any building
permits.
Signage: The Applicant shall submit a Sign Permit Application for any proposed signage
(e.g., wall, freestanding) as part of the development proposal.
a. A wall sign allowance of up to 350-square feet, and to be located on the
south elevation of the il -story building, is approved.
a.Approval of said wall sign allowance is subject to the review and
approval of detailed sign plans as part of the City's building and
site plan review process through Planning Commission and City
Council.
b.The wall sign on the south elevation of the building is to utilize
backlighting (halo-lighting) as a means of illumination and shall
be complementary to the architectural styles and building
materials used on both buildings on the Subject Property.
b. All other signage not approved otherwise is subject to Chapter 34 of the
City Code of Ordinances and shall be approved under separate sign permits.
9, 2018
Date Mayor
ATTEST: 1?tW2IU& LE!t14
City Clerk
The motion for the adoption of the foregoing resolution was duly seconded by member
Tim Willson
and upon vote being taken thereon, the following voted in favor thereof:
Tim Willson, MArguita Butler, April Graves, Kris Lawrence—Anderson, Dan Ryan
and the following voted against the same:
whereupon said resolution was declared duly passed and adopted.