HomeMy WebLinkAbout2018-169 CCRMember
RESOLUTION NO. 2018-169
Dan Ryan introduced the following resolution and moved its adoption:
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RESOLUTION REGARDING THE RECOMMENDED DISPOSITION OF
PLANNING COMMISSION APPLICATION NO. 2018-016 SUBMITTED BY
LUX APARTMENTS, LLC, FOR AN AMENDMENT TO THE 1992 PLANNED
UNIT DEVELOPMENT PLANS AND DOCUMENTS AND PARKING/SITE
IMPROVEMENTS (LOCATED AT 6100 SUMMIT DRIVE NORTH)
WHEREAS, the City Council of Brooklyn Center, Minnesota, 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
86-121on 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 Faim and site and building plan
approval of the apartment complex; and
WHEREAS, the City Council adopted Resolution No. 92-234 dated September 28,
1992, which approved the rezoning of two R-7 zoned pmcels of land for a mixed use Planned Unit
Development, including the Subject Property fmmerly known as Earle Brown Commons apaiiment
building, and more recently as Earle Brown Terrace senior living facility, and located at 6100 Summit
Drive North; and
WHEREAS, the Planning Advisory Commission held a duly called public hearing
on September 13, 2018, whereby a staff report, Assistant City Engineer's memorandum, and public
testimony regarding the Planned Unit Development Amendment and proposed parking and site plan
improvements were received and considered by the Planning Advisory Commission; and the
Planning Advisory Commission gave proper consideration of the requested Planned Unit
Development Amendment and parking and site plans by utilizing the guidelines for evaluating such
amendments as contained in Section 35-355 (Planned Unit Developments) and Section 35-230 (Plan
Approval) of the City's Zoning Ordinance, and the City's Comprehensive Plan; and
WHEREAS; in light of all testimony received, the Planning Advisory Commission
of the City of Brooklyn Center, Minnesota, determined that Planning Commission Application No.
2018-016, submitted by Lux Apartments, LLC, 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, and the approximately 1.7 parking ratio
allowance approved under City Council Resolution No. 2018-137 in
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that the intent is for the Subject Property to remain as multi-family
residential property with sufficient off-street, on-site parking, 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
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 site, as well as
those permitted on the smTounding land, with the exception that the
additional land necessary to install parking on-site, which was never
implemented in full under the original site and building plan approval in 1986
under City Council Resolution No. 86-121, be approved as outlined in the
parking and site plan submitted with Planning Commission Application No.
2018-016 and at the approximately 1. 7 parking ratio as approved under City
Council Resolution No. 2018-137.
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 Advisory Commission of the City of Brooklyn
Center, Minnesota, did detennine that the guidelines for evaluating a Planned Unit Development
Amendment, as contained in Section 35-355, and Site Plan Approval, as contained in Section 35-
230 of the City's Zoning Ordinance, have been met, and the proposal is therefore, in the best interest
of the community.
NOW, THEREFORE, BE IT RESOLVED by the City Council for the City of
Brooklyn Center, Minnesota, that Planning Commission Application No. 2018-016, submitted by
Lux Apatiments, LLC, which requests approval of an amendment to the Planned Unit Development
of 1992, and would allow for the as proposed off-street parking on the Subject Propetiy at a parking
ratio of approximately 1.7 parking spaces per dwelling unit based upon a total allowance of 143
dwelling units, for the Subject Prope1iy located at 6100 Summit Drive North, be approved, subject
to the Applicant complying with the following conditions:
1.PUD Amendment/Site Improvement Review:
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 as approved by the City Council.
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L The parking/site plan shall be revised to remove one parking
space within the southwest parking lot to allow for better
turnaround capabilities at the end of the lot.
IL The proposed fence along Earle Brown Drive is to be removed
from the City right-of-way. The Applicant should consider
potential landscaping options for parking lot screening (refer
to Approval Condition 5.b). The Applicant shall also work
with the adjacent Ecumen Prairie Lodge Prope1iy (6001 Earle
Brown Drive) to identify whether it is possible to install a fence
between the two parking lots.
m.The Applicant shall identify safety features (e.g., mirrors) to
incorporate for the parking located between the parking
structure and 90-degree parking off the structure's drive
access.
w.If the trash dumpsters are to remain outside the 11-story
building, the Applicant shall identify means to completely
contain or obscure views of the dumpsters per City Code.
Should the enclosure be reconstructed, the Applicant shall use
materials complementary to the building.
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 approvals under Planning Commission Application No.
2018-016 are only as they relate to off-street parking and site
improvements and do not address previously approved
allowances for additional dwelling units or wall signage. The
Applicant will need to submit separate applications to the City
for review and consideration of these items.
d.The Applicant shall provide written verification to City staff as
to whether the historic fonner Minnesota State Patrol office
building ( also known as the "Summit Bank Building") is
subject to any design considerations as paii of state or federal
historic society designation prior to performing any interior or
exterior work.
2.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 fu1iher assure compliance
with the development plans submitted
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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 building permit for site improvements, which ensures the
Subject Prope1iy will be constructed, developed, and maintained in
conformance with the plans, specifications, and standards.
c. The Developer shall submit an as-built survey of the prope1iy,
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 Assistant City Engineer's Review memorandums,
dated September 10, 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 for City site and building plan approval
and prior to the issuance of permits.
b. Bicycle facilities and pedestrian sidewalk connections are to be
incorporated as part of the project. Plans shall be revised as necessary.
c. The Applicant shall review the proposed grading plans to identify
opp01iunities to redirect runoff to the proposed rain garden (located
at the end of the proposed southwest parking lot) and overall grading
for the eastern parking lot (located along Earle Brown Drive).
4.Fire Inspector/Building Official Review: The Applicant shall work to
ensure all applicable 2015 Minnesota Fire Code requirements have been met
as paii of any site plan approval.
a Per the Fire Inspector, the existing FDC connection, located along
Earle Brown Drive, is to be painted red.
b. Per the Building Official, a sign (red background with white letters
and stating "FDC" or similar) is to be installed.
c. The area around the connection should be cleared of snow during the
winter months for access.
5.Landscaping: All landscaped areas shall include approved irrigation
systems to facilitate site maintenance.
a The contractor shall submit irrigation shop drawings for review and
approval prior to installation.
b. The Applicant shall identify opp01iunities to incorporate additional
landscaping along parking areas to allow for a textural breakup and
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some screening. Any proposed landscaping in these areas should not
result in sight visibility issues for drivers or pedestrians.
6.Lighting: Per the submitted photometric plan dated June 5, 2018:
a. Fixture specifications shall be provided prior to issuance of any
building permits.
b. The Applicant should determine whether sufficient lighting is
provided within the existing patio area between the 11-story building
and Ecumen Prairie Lodge (6001 Earle Brown Drive) and the grassy
area located between the 11-story building and Summit Bank
Building for resident use.
c. Lighting along Ecumen Prairie Lodge ( 6001 Earle Brown Drive) is
to be maintained at 3-foot candles or less.
7.Signage: The Applicant shall submit a Sign Permit Application for any
proposed signage (e.g., wall, freestanding).
a The proposed wall sign on the south elevation of the 11-story
building, which received approval for a sign allowance at the City
Council meeting on July 9, 2018, and under City Council Resolution
No. 2018-137, will require that the Applicant submit final plans for
review and consideration to the City as part of a Planning
Commission Application.
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.
September 24, 2018
Date
City Clerk
� u!� Mayor
The motion for the adoption of the foregoing resolution was duly seconded by member
Kris Lawrence-Anderson
and upon vote being taken thereon, the following voted in favor thereof:
Tim Willson, Marquita Butler, April Graves, Kris Lawrence-Anderson, Dan Ryan
and the following voted against the same:
whereupon said resolution was declared duly passed and adopted.