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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.