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City of Brooklyn Center
A great place to start. A great place to stay.
November 15, 1999
Mr. Naeem Qureshi
Progressive Consulting Engineers, Inc.
6120 Earle Brown Dr, Suite 629
Minneapolis, MN 55430
Dear Mr. Qureshi:
This letter is to inform you of the action taken regarding Planning Commission Application No.
99009. Enclosed is an excerpt from the minutes of the Planning Commission meeting, the City
Council meeting and the Planning Commission Information Sheet pertaining to your application
for PUD Amendment.
If you have questions or comments regarding this matter, please contact me.
Sincerely,
Ronald A. Warren
Planning Commission Secretary
RAW : rsc
Enclosures
CC: File No. 99009
6301 Shingle Creek Pkwy, Brooklyn Center, MN 55430-2199 • City Hall & TDD Number (612) 569-3300
Recreation and Community Center Phone & TDD Number (612) 569-3400 • FAX (612) 569-3494
An Affirmative Action/Equal Opportunities Employer
November 15, 1999
Mr. Randy Lee
Motel 6 Operating LP
14651 Dallas Pkwy, #500
Dallas, TX 75240
Dear Mr. Lee:
This letter is to inform you of the action taken regarding Planning Commission Application No.
99009. Enclosed is an excerpt from the minutes of the Planning Commission meeting, the City
Council meeting and the Planning Commission Information Sheet pertaining to your application
for PUD Amendment.
If you have questions or comments regarding this matter, please contact me.
Sincerely,
Ronald A. Warren
Planning Commission Secretary
RAW : rsc
Enclosures
CC: File No. 99009
MEMO
To: Michael J. McCauley, City Manager
From: Ronald A. Warren Planning g p and Zoning S ecialisst 7/- C-
�J
Subject: City Council Consideration Item - Planning Commission Application No. 99009
Date: October 20, 1999
On the October 25, 1999 City Council Agenda is Planning Commission Application No. 99009
submitted by Progressive Consulting Engineers, Inc. for approval of a Planned Unit
Development Amendment to construct a 122 unit, three story Motel 6 complex on vacant
property west of the Extended Stay America site.
Attached for your review are copies of the Planning Commission Information Sheet for
Planning Commission Application No. 99009 and also an area map showing the location of the
property under consideration, various site and building plans for the proposed development,
the Planning Commission minutes relating to the Commission's consideration of this matter,
Planning Commission Resolution No. 99-03 and other supporting documents.
This matter was considered by the Planning Commission at their October 14, 1999, meeting
and was recommended for approval by the Commission through the adoption of Planning
Commission Resolution No. 99-03.
It is recommended that the City Council, following consideration of this matter, approve the
application. A draft resolution has been prepared for City Council consideration.
PLANNING COMMISSION AGENDA
CITY OF BROOKLYN CENTER
OCTOBER 14, 1999
REGULAR SESSION
1. Call to Order: 7:30 p.m.
2. Roll Call
3. Approval of Minutes - August 12, 1999
4. Chairperson's Explanation
The Planning Commission is an advisory body. One of the Commission's functions is
to hold public hearings. In the matters concerned in these hearings, the Commission
makes recommendations to the City Council. The City Council makes all final
decisions in these matters.
5. Progressive Consulting Engineers, Inc. 99009
Request for a Planned Unit Development (PUD) amendment to construct a 122 unit,
three story Motel 6 complex on vacant property west of the Extended Stay America
site.
6. Discussion Item:
a. Commercial Zoning Reorganization
7. Other Business
8. Adjournment
Application Filed On 9-21-99
City Council Action Should Be
Taken By 11-20-99 (60 Days)
Planning Commission Information Sheet
Application No. 99009
Applicant: Progressive Consulting Engineers, Inc. (On Behalf of Motel 6 Operating LP)
Location: 2741 Freeway Boulevard
Request: Planned Unit Development Amendment
The applicant, Progressive Consulting Engineers, Inc. on behalf of Motel 6 Operating LP, is
seeking an amendment to the Planned Unit Development approved in conjunction with the
Extended Stay America proposal in order to construct a 120 unit, three story Motel 6 complex on
a 2.62 acre site that is legally described as Lot 2, Block 1, Shingle Creek 5th Addition. The
property is more commonly identified as 2741 Freeway Boulevard and is the southerly of two
parcels located west of the Extended Stay America site.
The property is zoned PUD/I-1 and is bounded on the south by Interstate 94/694; on the west by
Xerxes Avenue; on the north by vacant property described as Lot 1, Block 1, Shingle Creek 5th
Addition; and on the east by the Extended Stay America site. Freeway Boulevard borders the
vacant parcel to the north and the Extended Stay to the east.
A Planned Unit Development rezoning of this property as well as the other two properties
contained in the Shingle Creek 5th Addition from I-1 to PUD/I-1 along with the first phase site
and building plan approval for the Extended Stay America was approved by the City Council
under Resolution No. 98-47 on March 23, 1998. Attached for the Commission's review is a
copy of that resolution containing the various findings, considerations and conditions of approval
for that proposal (Planning Commission Application No. 98005).
It was noted at the time of this approval that other developments for Lots 1 and 2 would be
subject to review and approval under the Planned Unit Development process when such
proposals came forward. Motel 6 Operating LP has acquired the land and wishes to pursue its
development of Lot 2 at this time. Subsequent development of Lot 3 will require approval
through the PUD process as an amendment at such time as a proposal is put forth.
As the Commission is aware, the PUD process involves a rezoning of land to the PUD
designation followed by an alpha numeric designation of the underlying zoning district. This
underlying zoning district provides the regulations governing uses and structures within the
Planned Unit Development. The rules and regulations governing that district (in this case I-1)
would apply to the development proposal. One of the purposes of the PUD district is to give the
City Council the needed flexibility in addressing development and redevelopment problems.
10-14-99
Page 1
Regulations governing uses and structures may be modified by conditions ultimately imposed by
the City Council on the development plans. The PUD process involves a rezoning of land and,
therefore, is subject to meeting the city's rezoning evaluation policy and review guidelines that
are contained in Section 35-208 of the city's zoning ordinance. Also, proposals must be
consistent with Section 35-355 of the city's zoning ordinance which addresses Planned Unit
Developments. Attached for the Commission's review are copies of 35-208 and 35-355 of the
city's zoning ordinance.
The rezoning of the property to the Planned Unit Development designation was accomplished
with the March 23, 1998, approval and it was anticipated at that time that other freeway oriented
businesses such as hotels and restaurants would in all likelihood seek approval for development
on the remaining parcels. Findings as to the appropriateness of these developments have been
made generally for the two remaining parcels. Approval of any development plan should
acknowledge compatibility with the policy and review guidelines of Section 35-208 and the
provisions of Section 35-355 of the zoning ordinance.
The applicant has submitted a letter addressing Section 35-208 (attached) and we have also
received a letter from Mr. Randy Lee of Motel 6 indicating how they believe Motel 6 will fit into
and be compatible with existing land uses around the site. There has been in the past some
concern about over building or over saturation of the hotel/motel market in this area. Mr. Lee's
letter addresses these concerns from the prospective of the developer. Their market analysis
indicates such uses are not over built in the area and that the Shingle Creek Parkway area in
Brooklyn Center is the primary lodging and hospitality interchange in the northwest quadrant of
the Twin Cities area. He notes also that the Twin Cities area continues to post higher room rates
and occupancy levels than other major cities throughout the Midwest. He indicates that they do
not believe a new Motel 6 will have a negative effect on the existing limited service lodging
supply in Brooklyn Center but, rather, will enhance the opportunity to provide accommodations
for what they believe to be increasing numbers of clients coming into this area.
The Commission's attention is also directed to the letter submitted by Naeem Qureshi which
specifically addresses each of the points contained in the city's rezoning evaluation policy and
review guidelines. The staff generally concurs with the comments made with respect to the
guidelines and notes that this is the anticipated type of development expected for the remaining
parcels of land when they were rezoned to the PUD designation in March of 1998. We also
believe the proposal will be consistent and compatible with surrounding land uses such as the
Extended Stay and the Country Inn and Suites and T.G.I.Friday's complex as well as other
freeway oriented businesses in the immediate area. We believe, as will be shown in the site and
building plan portion of this report, that the subject property will bear fully the ordinance
development restrictions for the proposed development and that the proposal appears to be a
good long range use of the existing land and can be considered to be in the best interests of the
community.
10-14-99
Page 2
SITE AND BUILDING PLAN PROPOSAL
The proposed plan calls for a three story, 122 unit motel that would be located in the approximate
middle of a 2.62 acre site. The building will be an L shaped building with the main entrance and
lobby area being approximately in the northeast corner of the building.
ACCESS/PARKING
Access to the site will be gained via a shared access on Freeway Boulevard. A cross access
easement giving Lot 2 access over Lot 1 to Freeway Boulevard was developed as a condition of
the replatting of this property at the time of the Extended Stay America proposal. The City
Engineer in a September 30, 1999, memo regarding this proposal (attached) notes that the plan
shows the driveway shifted from the original location and that the drive lane leading to the Motel
6 site is no longer located within the easement area. The driveway opening will have to be
relocated to line up with the driveway on the opposite side of Freeway Boulevard and the drive
lane either relocated or the easement modified to reflect the new location. No other access
driveways will be allowed between this one and Xerxes Avenue. The drive lane across Lot 1 ties
into the motel site at the northeast corner. The drive lane circles the motel building and 90 °
parking is located around the entire building. The plan provides 129 parking spaces each
meeting the minimum requirements of the zoning ordinance. Six handicap spaces are being
provided, four to the east and two to the west of the main entrance into the building. The parking
requirement for this motel facility is based on the number of rooms and employees at the
maximum shift. The parking requirement is one parking space per room and one per employee
at the maximum shift. With 122 rooms and 7 employees as indicated on the site plan, a total of
129 parking spaces are required. Again, the plan provides 129 parking spaces. All driveways
servicing parking areas meet the minimum requirements and standards set forth in the zoning
ordinance. A circular turn around or drop off area is located immediately north of the main
entrance to the building and a canopy extends out over that area to provide cover for patrons
unloading and loading vehicles. B-612 curb and gutter is required to be provided around all
parking and driving areas.
GRADING/DRAINAGE/IJTILITIES
The drainage plan proposes draining the parking lot into seven catch basins located at various
points around the hotel building in the parking lot. Storm water will be collected in these catch
basins and carried to a connection to existing storm sewer at the southeast corner of the site
which will convey water into an existing storm water retention pond at the east end of the
Extended Stay America site. This pond is sized to accommodate storm water run off for all of
the property located in the Shingle Creek 5th Addition. After treatment in the pond, storm water
will be discharged into the adjacent MN/DOT ditch along Interstate 94. The Commission's
attention is directed to the City Engineer's memo relating to comments about the storm water
system. He indicates that there appears to be no further reviews or approvals required of the
10-14-99
Page 3
Shingle Creek Watershed Management Commission as this was accomplished at the time of the
original proposal. The City Engineer notes that a maintenance and utility agreement will need to
be required of the Motel 6 property and because the site is over one acre in size and creates more
than one acre of new impervious surface, Motel 6 is required to obtain and NPDES (National
Pollutant Discharge Elimination System) permit from the Minnesota Pollution Control Agency
and must also provide adequate erosion control.
Sanitary sewer will be connected to the building at the northeast corner and tied into existing
sanitary sewer within Freeway Boulevard right-of-way. The sanitary sewer will extend over a
portion of Lot 1 in order to reach the Freeway Boulevard location. Appropriate utility easements
or private covenants will be needed for this to be accomplished. A looped water system will be
provided around the building tying into a stub extended from the Extended Stay America site.
LANDSCAPING
The applicant has submitted a landscape plan in response to the landscape point system utilized
by the Planning Commission to evaluate such plans. This 2.62 acre site requires a total of 196
landscape points. The applicant proposes to meet this requirement, and in fact well exceeds this
requirement, by providing a variety of plantings including 36 shade trees (Red Oak, Sugar
Maple, and Green Ash), 39 coniferous trees (Upright Yew and Blue Spruce), 13 decorative trees
(Crab Apple) and 144 shrubs (Spreading English Yew, Bridal Wreath Spirea, Cardinal Red
Dogwood and Dwarf American Cranberry Bush). The total amount of points provided on the
landscape plan is.685.5 which is over three times the minimum required by the landscape point
system. The plan itself calls for an intermixing of Red Oak, Green Ash and Blue Spruce around
the perimeter green strips of the site. Sugar Maple, Crab Apple, Upright Yew and Blue Spruce
are provided around the building and Green Ash and Sugar Maple are located on a landscape
island area in the parking lot. Upright Yew border the main entrance to the building. Shrubs
such as Spreading English Yew, Bridal Wreath Spirea, Cardinal Red Dogwood and Dwarf
American Cranberry Bush are foundation plantings around the perimeter of the building.
Underground irrigation is required in all landscaped areas.
BUILDING
The building elevations indicate the exterior of the Motel 6 to be a PC plaster with special
coating and composition shingle roof. The color will be an English Linen (white) and Maizon
Blanche (beige). Accent colors include blue, blue green and blue heron.
LIGHTING/TRASH
The applicant has submitted a lighting plan showing eight parking lot lights surrounding the
facility. Our main concern is that these parking lot lights be shielded and directed down onto the
site so as not to create glare off of the site.
10-14-99
Page 4
The plan indicates that a trash enclosure will be located at the northwest corner of the property.
Details indicate that the enclosure will be 8 ft. 8 in. high and consist of a split face concrete
masonry unit. The gates for the enclosure will be cedar slats attached to a metal gate frame. The
plans as a whole, with some modifications appear to be in order.
DIRECTIONAL SIGN
Although signery is typically not part of the review process for a PUD, we have some comments
and recommendations we would like the Planning Commission to consider.
Motel 6 is concerned about possible confusion among potential customers using the shared
access drive off Freeway Boulevard. They desire to have a sign at that location. Such a sign
would be an off premise sign which is not permitted under the sign ordinance. The primary
reason for not allowing off premise identification or advertising signs is to prohibit billboards.
There has been precedent set, in at least three situations, to allow off premise directional signs in
cases where access is gained to one site over another property. The cases include Brookdale
Ford through the Brookdale Square site; the Cinema Theater over the Perkin's property; and
various commercial and industrial buildings that are accessed via Parkway Circle which is a
private roadway on a separate parcel of land. In all cases, variances were approved to allow off
premise directional signs as approved to off premise advertising or identification signs on the
basis of uniqueness and hardship. Such signs were limited to no more than 16 square feet in area
and no more than 15 feet in height. The same principles apply in this situation and it is
recommended that approval of this PUD also authorize an off premise directional sign no greater
than 16 square feet in area and 15 feet in height at the shared access serving the subject site as
well as Lot 1, Block 1, Shingle Creek 5th Addition.
PROCEDURE
As pointed out previously, this proposal is an amendment to the Planned Unit Development
proposal already approved for this area. The first phase of the PUD was the Extended Stay
America site. Approvals for the other two lots require a Planned Unit Development Amendment.
As such, the proposal is required to follow the procedures contained in Section 35-355 regarding
Planned Unit Developments. This requires a public hearing which has been scheduled. Notices
have been sent and notice has been published in the Brooklyn Center Sun Post. The Planning
Commission serves as the neighborhood advisory group for development proposals within the
industrial park area. This matter, therefore, can be reviewed and recommended at Thursday
evening's meeting if the Planning Commission deems it appropriate.
All in all, the staff believes this plan is in order and, therefore, would recommend approval of the
amendment for the development of the Motel 6 project. Approval of this application should
acknowledge findings, considerations and conditions that are comparable to those made in City
10-14-99
Page 5
Council Resolution No. 98-47. A draft Planning Commission Resolution is offered for the
Planning Commission's consideration. This resolution outlines the Planning Commission
consideration of this matter and also sites recommended considerations and conditions for
approval.
10-14-99
Page 6
Member Kathleen Carmody introduced the following resolution and moved
its adoption:
RESOLUTION NO. 98-47
RESOLUTION REGARDING DISPOSITION OF PLANNING COMMISSION
APPLICATION NO. 98005 SUBMITTED BY EXTENDED STAY AMERICA,
INC.
WHEREAS, Planning Commission Application No. 98005 submitted by Extended Stay
America, Inc. proposes rezoning from I-1 (Industrial Park) to PUD/I-1 of a 7.28 acre parcel of
land located at the southeast quadrant of Xerxes Avenue North and Freeway Boulevard, bounded
by Freeway Boulevard on the north and east; by 1-94 on the south; and Xerxes Avenue North on
the west; and
WHEREAS, this proposal comprehends the rezoning of the above mentioned parcel and
site and building plan approval for a three story, 104 unit efficiency hotel on the easterly portion
of the aforementioned site; and
WHEREAS, the Planning Commission held a duly called public hearing on March 12,
1998, when a staff report and public testimony regarding the rezoning and site and building plan
were received; and
WHEREAS, the Planning Commission recommended approval of Application No. 98005
by adopting Plamiing Commission Resolution No. 98-01 on March 12, 1998; and
WHEREAS, the City Council considered Application No. 98005 at their March 12, 1998
meeting; and
WHEREAS, the City Council has considered this rezoning and site and building plan
requests in light of all testimony received, the guidelines for evaluating rezonings contained in
Section 35-208 of the City's zoning ordinance, the provisions of the Planned Unit Development
ordinance contained in Section 35-355, the City's Comprehensive Plan and the Plamning
Cozmnission's recommendation.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Brooklyn
Center that Application No. 98005 submitted by Extended Stay America, Inc. be approved in light
of the following considerations:
1. The rezoning and Planned Unit Development proposal are compatible with the
standards, purposes and intent of the Plazmed Unit Development section of the City's
zoning ordinance.
2. The rezoning and Planned Unit Development proposal will allow for the utilization of
Resolution No.
the land in question in a manner which is compatible with, complimentary to and of
comparable intensity to adjacent land uses as well as those permitted on surrounding
land.
3. The utilization of the property as proposed under this rezoning and site and building
plan will conform with city ordinance standards and is considered a reasonable use of
the property.
4. The rezoning and Planned Unit Development proposal are considered compatible with
the recommendations of the City's Comprehensive Plan for this area of the city.
5. The rezoning and site and building plan appear to be a good long range use of the
existing land and an asset to the community.
6. In light of the above considerations, it is believed that the guidelines for evaluating
rezonings as contained in Section 35-208 of the City's zoning ordinance are met and
that the proposal is, therefore, in the best interest of the community.
BE IT FURTHER RESOLVED by the City Council of the City of Brooklyn Center that
approval of Application No. 98005 be subject to the following conditions and connsiderations:
I. The building plans are subject to review and approval by the Building Official with
respect to applicable codes prior to the issuance of permits.
2. Grading, drainage and utility plans as well as appropriate utility easements for
adjoining properties are subject to review and approval by the City Engineer prior
to the issuance of permits.
3. A site performance agreement and supporting financial guarantee in an amount to be
determined based on cost estimates shall be submitted prior to the issuance of
permits.
4. Any outside trash disposal facilities and rooftop or on -ground mechanical equipment
shall be appropriately screened from view.
5. The buildings are to be equipped with an automatic fire extinguishing system to meet
NFPA standards and shall be connected to a central monitoring device in accordance
with Chapter 5 of the city ordinances.
6. An underground irrigation system shall be installed in all landscaped areas to
facilitate site maintenance.
7. Plan approval is exclusive of all signeny, which is subject to Chapter 34 of the city
Resolution No. 98-47
ordinances.
8. B-612 curb and gutter shall be provided around all parking and driving areas.
9. The applicant shall submit an as -built survey of the property, improvements and
utility service lines prior to the release of the performance guarantee.
10. The property owner shall enter into an easement and agreement for maintenance and
inspection of utility and storm drainage systems, prior to the issuance of permits.
11. The plans shall be modified to provide either a reduced size access where a shared
access is to be provided between this property and the adjoining property to the west
or the installation of a concrete delineator as approved by the City Engineer.
12. All work performed and materials used for construction of utilities shall conform to
the City of Brooklyn Center standard specifications and details.
13. Ponding areas required as part of the storm drainage plan shall be protected by all
approved easement. The easement document shall be executed and filed with
Herviepin County prior to the issuance of building permits.
14. The applicant shall provide appropriate erosion and sediment control devices on the
site during construction as approved by the City's Engineering Department.
15. The applicant shall enter into a development agreement with the City of Brooklyn
Center to be reviewed and approved by the City Attorney prior to the issuance of
permits.
16. Approval of this Planned Unit Development acknowledges "efficiency or extended
stay hotels" offering transient lodging acconunodations for periods of longer than
one week as being comparable in intensity and use as transient lodging defined in the
Brooklyn Center zoning ordinance and, therefore, an allowed use in this Planned
Unit Development.
March 23, 1998 'Amze�
Date Mayor
ATTEST: J�. J��
City Clerk
Resolution No. 98-47
The motion for the adoption of the foregoing resolution was duly seconded by member
Kay Lasman and upon vote being taken thereon, the following voted in favor
thereof: Myrna Kragness, Kathleen Carmody, Kay Lasman, and Robert Peppe;
and the following voted against the same: Debra Hilstrom
whereupon said resolution was declared duly passed and adopted.
MOTEL 6 Operating L.P.
14651 Dallas Parkway
Suite 500
Dallas, TX 75240
Tel: (972) 386 6161September 28, 1999
infoC(umotel6.com
Mr. Ron Warren
Planning and Zoning Specialist
6301 Shingle Creek Pkwy
Brooklyn Center, MN 55430-2199
RE: Motel 6 Prototype 2000 Development
1-694 / Shingle Creek Pkwy
Brooklyn Center, MN
Dear Mr. Warren:
In anticipation of becoming a member of the Brooklyn Center business community Motel 6 was
pleased to learn that in considering the above referenced development, the Planning Commission
and City Council would be concerned with potential over -building of hotels in Brooklyn Center.
While seeking opportunities across the US for Motel 6 development we have seen over -building
on many occasions however this is not the environment we have found in Brooklyn Center.
Motel 6's decision to develop a property in Brooklyn Center is underwritten by the following:
1. Brooklyn Center at Shingle Creek Parkway is the primary lodging and hospitality interchange
in the NW quadrant of the Minneapolis St. Paul MSA. This serves both the long and short-
term goals of owning and operating a hotel. We take comfort in recognizing the solid
presence of hotels and restaurants at this location.
2. The Minneapolis St. Paul MSA while experiencing limited service lodging increases continues
to post much higher Room Rates and Occupancy Levels than other major cities throughout
the mid -west. Smith Travel Research reports that demand and supply growth remain equal in
the Minneapolis St. Paul MSA.
3. We looked at several sites in the Minneapolis St. Paul MSA along the 1-694/94 corridor for
development. We decided upon Brooklyn Center due to the strong hospitality environment,
visibility and ease of access, and most importantly what we have determined to be a good
quality of life within the city.
It is our intention to build the property for the above reasons keeping in mind that we do not plan
to sell it when the market will allow a quick profit. It is the business philosophy of Motel 6 to
develop, own and operate properties in primary lodging markets such as Brooklyn Center. Motel
6 and its parent company Accor Economy Lodging own and operate more than 1,100 limited
service hotels throughout the US including brands such as Red Roof Inn and Studio 6 our
extended stay entity.
Additionally, Motel 6 will not seek outside financing for this project. We will use the companies
operating cash to fund the planned development in Brooklyn Center. We are simply that confident
in the market and our project.
Directing this letter to why a new Motel 6 will not have a negative effect on the existing limited
service lodging supply in Brooklyn Center, we should re -enforce that Motel 6 intends to build a
modern 3 story interior corridor property with approximately 121 rooms. The building, Motel 6's
"Prototype 2000" is perhaps the limited service lodging industry's most modern and efficient
building designed to meet the expectations of most operating environments.
The primary reason why a new Motel 6 will not have a negative economic effect on the existing
limited service lodging hotels is the Motel 6 price position and target market segment.
Currently, Brooklyn Centers limited service hotels target market segment is business / commercial
travel. This is reinforced by room prices above $60.00 per night for basic accommodations not
including full service hotel amenities such as meeting rooms, room service, on premise restaurant
and catering.
In the future, in as long as two years due to development and construction time requirements,
Motel 6 plans for an initial price of approximately $40.00 per night targeting the leisure travel
segment and senior citizens as a core business. Motel 6's nationwide business mix is
approximately 70% leisure travelers, 15% senior citizens with the remaining being religious,
educational and a small percentage of loyal business travelers.
As you may know, a significant number of limited service hotel rooms oriented to leisure travel will
leave the market in Bloomington, MN. Today, Bloomington is the primary leisure travel lodging
market in the Minneapolis St. Paul MSA. Currently the Motel 6 the Excel Inn and other hotels with
an estimated 900 rooms will be removed from the landscape in Bloomington in the next 12 to 24
months due to the widening of 1-494 or expansion of the airport.
This enhances the opportunity for Motel 6 and The City of Brooklyn Center to host leisure
travelers and senior citizens who are not only visiting the immediate area, but may also be visiting
either the Mall of America, Minneapolis city center attractions and events as well as the leisure
travel created north of downtown in Arden Hills, Fridley and Maple Grove. Today, leisure travelers
in these markets look primarily to the Bloomington area for lodging not only due to its geographic
location but also due to the availability of limited service lodging supply oriented to the leisure
traveler.
It is my understanding that you will forward this letter onto members of the Planning Commission
for their review of our project.
I look forward to talking to you in the future as our project moves along. I plan to be at the
Planning Commission Hearing and City Council Meeting when our project is presented for
approval. If you have any questions or concerns please call me any time at 972-702-6823.
Thank you.
Sin rely,
Randy Lee
Director of Real Estate & Development
Motel 6 Operating L.P.
aceProgressive Consulling Engineers Inc.
6120 Earle Brown Drive, Suite 629, Minneapolis, MN 65430-2591 (612) 560-9133 FAX (612) 560-0333
September 14, 1999
Ron Warren
City of Brooklyn Center
6301 Shingle Creek Pkwy.
Brooklyn Center, MN 55430
RE: PUD Amendment Block 1, Shingle Creek 5`t' Addition
Motel 6 is proposing a 122 unit motel on Lot 2 along with other facilities such as a pool
and parking area.
a) Is there a clear and public need or benefit?
The property is part of a PUD which maximizes the freeway exposure for the properties.
The proposed 120 unit Motel 6 project will add to the City tax base.
b) Is the proposed zoning consistent with and compatible with surrounding land use
classifications?
The project is part of a PUD. The property is adjoining an "Extended Stay America"
lodging facility. As such, the, proposed zoning is consistent with surrounding land use
classification.
c) Can all permitted uses in the proposed zoning district .be contemplated for
development of the subject property?
The subject property is an approved PUD in a general industrial area. The proposed use
is compatible with the approved PUD.
d) Have there been substantial physical or zoning classification changes in the area
since the subject property was zoned?
The present PUD involved 3 dots in an industrial zoned area, which is a zoning change.
e) In the case of City -initiated rezoning proposals, is there a broad public purpose
evident?
Not applicable.
Civil tr"Oural g Water Supply Municipal
f) Will the subject property bear fully the ordinance. development restrictions for
the proposed zoning districts?
The subject property will meet all the development restrictions for the proposed zoning
district. No variances will be needed for set back and parking requirements. No new
curb cut will be needed on Freeway Boulevard as both the replatted Lots 1 and 2 will
share the same driveway. An easement for egress and ingress will be provided for Lot 1.
g) Is the subject property generally unsuited for uses permitted in the present
zoning district, with respect to size, configuration, topography or location?
The subject property is a good use of the exposure provided by the freeway. The size and
configuration of the proposed development is compatible with the topography and the site
orientation.
h) Will the rezoning result in the expansion of a zoning district, warranted by: 1)
Comprehensive Planning; 2) the lack of developable land in the proposed zoning
district; or 3) the best interests of the community?
The PUD in an industrial zone is approved and is consistent with the comprehensive plan.
The City is generally, fully developed. The proposed project is a permitted use in a PUD
and will result in an increase in the tax base of the City. It is a, good use of the freeway
exposure and such is in the best interest of the City.
i) Does the proposal demonstrate merit beyond the interests of an owner or owners
of an individual parcel?
The proposal meets all the criteria for development and does not require any variances
except for signage. It is compatible with existing PUD and use of adjoining properties.
We appreciate a favorable consideration for the rezoning of the property. Please call me
if you have any questions.
Sincerely,
Naeem Qureshi, P.E.
NQ/ah
V4123111, 11� I
DATE: September 30, 1999
TO: Ron Warren, Planning and Zoning Specialist
FROM: Scott Brink, City Engineer
SUBJECT: Motel 6 - Proposed Site Plan and Preliminary Comments
The plan for a proposed Motel 6 facility located on Freeway Boulevard has been reviewed. The site,
grading and drainage, and utility plans reviewed were prepared by PCE, along with a property survey
by Lot Surveys Company, Inc. The following review comments are offered at this time.
• The proposed project involves the construction of a hotel facility on a site of approximately 2
acres. The property site (Lot 2, Block 1, Shingle Creek 5th Addition) was previously reviewed
by the Shingle Creek Watershed just over 1 year ago as part of a comprehensive review of the
entire Shingle Creek 5th Addition plat. Some modifications to the site plan will be made to
direct the drainage from the site to an existing storm drainage system and treatment pond that
was designed to accommodate the entire plat. Therefore, it appears that there will be no
further reviews or approvals required of the Watershed. However, a maintenance and utility
agreement will still be required from the Motel 6 property. In addition, because the site is over
1 acre in size and creates more than 1 acre of new impervious surface, the developer is
required to obtain an NPDES permit and provide adequate erosion control.
A cross access easement/agreement was previously required and approved by the City to enable
access to this property. This site plan shifts the location of the planned driveway so it no
longer is contained within that easement, and it is now not located directly opposite the
driveway across the street. The site plan should be amended so that the driveways are directly
opposite each other, and the cross access easement/agreement reviewed to assure that it still
accurately describes the location of the driveway.
• Sanitary sewer is available from Freeway Boulevard. The plan shows connection to an existing
service extending from across Freeway Boulevard. However, in order to reach the service
stub, the service line will slice through portions of Lots 1 and 3. Appropriate utility easements
or private covenants as appropriate will be needed.
• Water service was installed and looped around the Extended Stay Site with 8 inch diameter
stubs extended to Lots 1 and 2. During the approval process of the Extended Stay site, this
design was required to provide for water service to these two lots, along with a joint utility
agreement or covenant as appropriate.
• The driveway serving Lot 2 must also serve Lot 1(joint access driveway required as approved
previously). No additional driveways to Freeway Boulevard or Xerxes Avenue from Lot 1 will
be allowed.
These are the comments I have at this time. Additional comments from the Public Works Department
may be forthcoming prior to final approval of the site plan and approval of permits.
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Member Rex Newman introduced the following resolution and
moved its adoption:
PLANNING COMMISSION RESOLUTION NO. 99-03
RESOLUTION REGARDING THE RECOMMENDED DISPOSITION OF
PLANNING COMMISSION APPLICATION NO. 99009 SUBMITTED ON
BEHALF OF MOTEL 6 OPERATING LP.
WHEREAS, City Council Resolution No. 98-47 approved a rezoning from I-1
(Industrial Park) to PUD/I-1 of a 7.28 acre parcel of land located at the southeast quadrant of
Xerxes Avenue North and Freeway Boulevard; and
WHEREAS, that PUD proposal also included site and building plan approval for
the first phase development on a portion of the property for a 104 unit Extended Stay America
Motel; and
WHEREAS, future development on the remaining two lots was deferred pending
submission of a Planned Unit Development amendment; and
WHEREAS, Planning Commission Application No. 99009 submitted by
Progressive Consulting Engineers, Inc. on behalf of Motel 6 Operating LP has been submitted for
the development of a three story, 122 unit motel on Lot 2, Block 1, Shingle Creek 5th Addition
which is a part of the above mentioned Planned Unit Development; and
WHEREAS, the Planning Commission held a duly called public hearing on October
14, 1999, when a staff report and pubic testimony regarding the Planned Unit Development
amendment were received; and
WHEREAS, the Planning Commission considered the Planned Unit Development
amendment request in light of all testimony received, the guidelines for evaluating rezonings
contained in Section 35-208 of the City's Zoning Ordinance, the provisions of the Planned Unit
Development ordinance contained in Section 35-355 and the City's Comprehensive Plan.
NOW, THEREFORE, BE IT RESOLVED by the Planning Advisory Commission
of the City of Brooklyn Center to recommend to the City Council that Application No. 99009
submitted by Progressive Consulting Engineer's, Inc. on behalf of Motel 6 Operating LP be
approved in light of the following considerations:
1. The Planned Unit Development Amendment is compatible with the standards,
purposes and intent of the Planned Unit Development section of the City's Zoning
Ordinance.
Page 1
2. The Planned Unit Development proposal will allow for the utilization of the land
in question in a manner which is compatible with, complimentary to and of
comparable intensity to adjacent land uses as well as those permitted on
surrounding land.
3. The utilization of the property as proposed under this Planned Unit Development
amendment is considered a reasonable use of the property and will conform with
city ordinance standards except for allowing an off premise directional sign which
is justified on the basis of extensive precedent for such a sign.
4. The Planned Unit Development proposal is considered compatible with the
recommendations of the City's Comprehensive Plan for this area of the city.
5. The Planned Unit Development amendment appears to be a good long range use of
the existing land and can be considered an asset to the community.
6. In light of the above considerations, it is believed that the guidelines for evaluating
rezonings as contained in Section 35-208 of the City's Zoning Ordinance are met
and that the proposal is, therefore, in the best interests of the community.
BE IT FURTHER RESOLVED by the Planning Advisory Commission of the City
of Brooklyn Center to recommend to the City Council that approval of Application No. 99009 be
subject to the following conditions and considerations:
The building plans are subject to review and approval by the Building Official with
respect to applicable codes prior to the issuance of permits.
2. Grading, drainage and utility plans as well as appropriate utility easements for
adjoining properties are subject to review and approval by the City Engineer prior
to the issuance.of permits.
3. A site performance agreement and supporting financial guarantee in an amount to
be determined based on cost estimates shall be submitted prior to the issuance of
permits.
4. Any outside trash disposal facilities and rooftop or on -ground mechanical
equipment shall be appropriately screened from view.
5. The building is to be equipped with an automatic fire extinguishing system to meet
NFPA standards and shall be connected to a central monitoring device in
accordance with Chapter 5 of the City Ordinances.
Page 2
6. An underground irrigation system shall be installed in all landscaped areas to
facilitate site maintenance.
7. Plan approval is exclusive of all signery which is subject to Chapter 34 of the City
Ordinances with the exception of an off premises directional sign no larger than 16
square feet in area and 15 feet in height which can be located at the shared access
on Freeway Boulevard. Said directional sign is justified on the basis of extensive
precedent for such sign signs in similar circumstances.
8. B-612 curb and gutter shall be provided around all parking and driving areas.
9. The applicant shall submit an as -built survey of the property, improvements and
utility service lines prior to release of the performance guarantee.
10. The property owner shall enter into an easement and agreement for maintenance
and inspection of utility and storm drainage systems as determined by the City
Engineer prior to the issuance of permits.
11. Plans shall be modified to relocate the driveway serving this property so that it is
directly across from the driveway on the opposite side of Freeway Boulevard as
required by the City Engineer. The cross access easement providing access from
Freeway Boulevard to Lot 2"shall be modified to reflect the driveway indicated on
the site plan.
12. All work performed and materials used for construction and utilities shall conform
to the City of Brooklyn Center's standard specifications and details.
13. The applicant shall obtain an NPDES permit from the Minnesota Pollution Control
Agency and shall also provide adequate erosion control as approved by the City's
Engineering Department.
14. The applicant shall enter into a development agreement with the City of Brooklyn
Center to be reviewed and approved by the City Attorney prior to the issuance of
building permits. Said development agreement shall be filed with the title to the
property.
15. The plans shall be modified to provide 132 parking spaces which reflects the
ordinance parking requirement for a 122 unit motel with 10 employees on any one
shift.
Page 3
Date Chair
ATTEST:
Secretary
The motion for the adoption of the foregoing resolution was duly seconded by member
John Whitehead and upon vote being taken thereon, the following voted in favor
thereof: Chair Tim Willson, Members Rex Newman, Dianne Reem, and John Whitehead
and the following voted against the same: None
whereupon said resolution was declared duly passed and adopted.
Page 4
Member Ed Nelson introduced the following resolution and moved
its adoption:
RESOLUTION NO. 99-159
RESOLUTION REGARDING DISPOSITION OF PLANNING COMMISSION
APPLICATION NO. 99009 SUBMITTED ON BEHALF OF MOTEL 6
OPERATING LP
WHEREAS, Resolution No. 98-47 approved a rezoning from I-1 (Industrial Park)
to PUD/I-1 of a 7.28 acre parcel of land located at the'southeast quadrant of Xerxes Avenue North
and Freeway Boulevard; and
WHEREAS, that PUD proposal also included site and building plan approval for
the first phase development on a portion of the property for a 104 unit Extended Stay America
Motel; and
WHEREAS, future development on the remaining two lots was deferred pending
submission of a Planned Unit Development amendment; and
WHEREAS, Planning Commission Application No. 99009 submitted by
Progressive Consulting Engineers, Inc. on behalf of Motel 6 Operating LP has been submitted for
the development of a three story, 122 unit motel on Lot 2, Block 1, Shingle Creek 5th Addition
which is a part of the above mentioned Planned Unit Development; and
WHEREAS, the Planning Commission held a duly called public hearing on October
14, 1999, when a staff report and public testimony regarding the Planned Unit Development
amendment were received; and
WHEREAS, the Planning Commission recommended approval of Planning
Commission Application No. 99009 by adopting Planning Commission Resolution No. 99-03 on
October 14, 1999; and
WHEREAS, the City Council considered Planning Commission Application No.
99009 at their October 25, 1999, meeting; and
WHEREAS, the City Council has considered this Planned Unit Development
amendment request in light of all testimony received, the guidelines for evaluating rezonings
contained in Section 35-208 of the City's Zoning Ordinance, the provisions of the Planned Unit
Development ordinance contained in Section 35-355, the City's Comprehensive Plan and the
Planning Commission's recommendation.
RESOLUTION NO. _99-159
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of
Brooklyn Center that Planning Commission Application No. 99009 submitted by Progressive
Consulting Engineer's, Inc. on behalf of Motel 6 Operating LP be approved in light of the
following considerations:
1. The Planned Unit Development Amendment is compatible with the standards,
purposes and intent of the Planned Unit Development section of the City's Zoning
Ordinance.
2. The Planned Unit Development proposal will allow for the utilization of the land
in question in a manner which is compatible with, complimentary to and of
comparable intensity to adjacent land uses as well as those permitted on
surrounding land.
3. The utilization of the property as proposed under this Planned Unit Development
amendment is considered a reasonable use of the property and will conform with
city ordinance standards except for allowing an off premise directional sign which
is justified on the basis of extensive precedent for such a sign.
4. The Planned Unit Development proposal is considered compatible with the
recommendations of the City's Comprehensive Plan for this area of the city.
5. The Planned Unit Development amendment appears to be a good long range use of
the existing land and can be considered an asset to the community.
6. In light of the above considerations, it is believed that the guidelines for evaluating
rezonings as contained in Section 35-208 of the City's Zoning Ordinance are met
and that the proposal is, therefore, in the best interests of the community
BE IT FURTHER RESOLVED by the City Council of the City of Brooklyn Center
that approval of Planning Commission Application No. 99009 be subject to the following
conditions and considerations:
1. The building plans are subject to review and approval by the Building Official with
respect to applicable codes prior to the issuance of permits.
2. Grading, drainage and utility plans as well as appropriate utility easements for
adjoining properties are subject to review and approval by the City Engineer prior
to the issuance of permits.
RESOLUTION NO. 99-159
3. A site performance agreement and supporting financial guarantee in an amount to
be determined based on cost estimates shall be submitted prior to the issuance of
permits.
4. Any outside trash disposal facilities and rooftop or on -ground mechanical
equipment shall be appropriately screened from view.
5. The building is to be equipped with an automatic fire extinguishing system to meet
NFPA standards and shall be connected to a central monitoring device in
accordance with Chapter 5 of the City Ordinances.
6. An underground irrigation system shall be installed in all landscaped areas to
facilitate site maintenance.
7. Plan approval is exclusive of all signery which is subject to Chapter 34 of the City
Ordinances with the exception of an off premises directional sign no larger than 16
square feet in area and 15 feet in height which can be located at the shared access
on Freeway Boulevard. Said directional sign is justified on the basis of extensive
precedent for such sign signs in similar circumstances.
8. B-612 curb and gutter shall be provided around all parking and driving areas.
9. The applicant shall submit an as -built survey of the property, improvements and
utility service lines prior to release of the performance guarantee.
10. The property owner shall enter into, an easement and agreement for maintenance
and inspection of utility and storm drainage systems as determined by the City
Engineer prior to the issuance of permits.
11. Plans shall be modified to relocate the driveway serving this property so that it is
directly across from the driveway on the opposite. side of Freeway Boulevard as
required by the City Engineer. The cross access easement providing access from
Freeway Boulevard to Lot 2 shall be modified to reflect the driveway indicated on
the site plan.
12. All work performed and materials used for construction of utilities shall conform
to the City of Brooklyn Center's standard specifications and details.
13. The applicant shall obtain an NPDES permit from the Minnesota Pollution Control
Agency and shall also provide adequate erosion control as approved by the City's
Engineering Department.
RESOLUTION NO. 99-159
14. The applicant shall enter into a development agreement with the City of Brooklyn
Center to be reviewed and approved by the City Attorney prior to the issuance of
building permits. Said development agreement shall be filed with the title to the
property.
15. The plans shall be modified to provide 132 parking spaces which reflects the
ordinance parking requirement for a 122 unit motel with 10 employees on any one
shift.
October 25, 1999
Date
ATTEST: e
City Clerk
The motion for the adoption of the foregoing resolution was duly seconded by member
Kay Tasman
and upon vote being taken thereon, the following voted in favor thereof:
Myrna Kragness, Debra Hilstrom, Kay Lasman, Ed Nelson, and Robert Peppe;
and the following voted against the same: none;
whereupon said resolution was declared duly passed and adopted.
for tattoo and body
cities which license tattoo and babblishments.
The fees were based on a survey conducted o
y piercing establishments, f other
A motion by Councilmember
Hearing passed unanimously, and seconded b
y Councilmember Hilstrom to open the Public
No one wished to address the Council.
A motion by Councilmember
Hearing passed unanimously, Hilstrom and seconded by Councilmember Lasman to close the Public
ORDINANCE NO 99-17 Councilmember Hilstrom introduced the follow'
AN ing ordinance and moved its adoption:
ORDINANCES ORDINANCE AMENDINGCHAPTER 23 By ADDING NEW SECTIONS OF THE BROOKLYN CENTER
ESTABLISHING LICENSE 23-2301 THROUGH 2 _ CITY
ESTABLISHMENTS REGULATIONS FOR 3 2314 THERETO
TATTOO AND BODY PIERCING
The motion for the adoption of the foregoing
Nelson. Motion passed unanimously, g ordinance
was duly seconded by Councilmember
RESOLUTION NO.
Councilmember 99-158
Hilstrom introduced the followin
RESOLUTIO g resolution and moved its adoption:
ESTABLISHMENT LICBL S HIND
FEES FOR
ES AND INVESTITATTOO GATIONS THE AND BODY PIERCING
The motion for the adoption of the fore THEREOF
Lasman. Motion passed unanimously, going resolution
was duly seconded by Councilmember
9. PLANNING COMMISSION ITEM
9a. PLANNING COMMISSION MMISSION APPLICATION
RESSIVE CONSULTING ENGINE NO' 99009 SUB
PLANNED UNIT DEVELOPMENT (PUD ERS, INC.REQUEST
SUBMITTED By
A 122 UNIT, THREE STORYOTE AMENDMENTRTo C NSTR R A
PROPERTY WEST OF THE EXTEnrDED 6 CONSTRUCT
PLANNING COMPLEX ON VACANT
APPLICATION AT ITS OCT STAY AMERICA SITE, THE
RECOMMENDED APPROVAL
OBER 14, 19991 MEETING. OF THIS
10/25/99
ME
MINUTES OF THE PROCEEDINGS OF THE PLANNING COMMISSION
OF THE CITY OF BROOKLYN CENTER IN THE COUNTY OF
HENNEPIN AND THE STATE OF MINNESOTA
REGULAR SESSION
OCTOBER 14, 1999
CALL TO ORDER
The Planning Commission meeting was called to order by Chair Willson at 7:30 p.m.
ROLL CALL
Chair Tim Willson, Commissioners Rex Newman, Dianne Reem and John Whitehead were
present. Also present were Secretary to the Planning Commission/Planning and Zoning
Specialist Ronald Warren and Planning Commission Recording Secretary Rebecca Crass.
Commissions Graydon Boeck, Stephen Erdmann and Sean Rahn were absent and excused.
APPROVAL OF MINUTES-- AUGUST 12, 1999
There was a motion by Commissioner Newman, seconded by Commissioner Whitehead, to
approve the minutes of the August 12, 1999 meeting as submitted. The motion passed
unanimously.
CHAIR'S EXPLANATION
Chair Willson explained the Planning Commission's role as an advisory body. One of the
Commission's functions is to hold public hearings. In the matters concerned in these hearings,
the Commission makes recommendations to the City Council. The City Council makes all final
decisions in these matters.
APPLICATION NO 99009 - PROGRESSIVE CONSULTING ENGINEERS. INC.
Chair Willson introduced Application No. 99009, a request submitted by Progressive Consulting
Engineers, Inc. (on behalf of Motel 6 Operating LP) for an amendment to the Planned Unit
Development approved in conjunction with the Extended Stay America proposal in order to
construct a 120 unit, three story Motel 6 complex on a 2.62 acre site. The building will be L
shaped with the main entrance in the northeast corner of the building. This application was filed
on 9-12-99, requiring City Council action by 11-20-99 (60 days).
Mr. Warren presented the staff report explaining that a Planned Unit Development rezoning of
this property was approved by the City Council under Resolution No. 98-47 on March 23, 1998.
At that time, the first phase site and building plan approval for the Extended Stay America was
approved. It was noted at the time of this approval that other developments for Lots 1 and 2
would be subject to review and approval. Motel 6 Operating LP has acquired the land and
wishes to pursue the development of Lot 2.
Mr. Warren directed the Commission to a letter from Mr. Randy Lee of Motel 6 where he
10-14-99 Page 1
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with guests, there is the possibility of up to 10 employees being on site. Chair Willson stated
that if the potential for more than 7 employees exists, the parking must be re-evaluated. Mr.
Warren indicated that could be done by increasing the number of parking spaces by three or
eliminate rooms from the motel. Mr. Warren identified several locations on the site where
additional spaces for parking could be achieved with minor modifications to the plans. With the
potential for up to 10 employees during the motel's full capacity, the applicant will submit
revised plans showing 132 parking spaces.
Mr. Steven Davis, Earle Brown Farm Estates, stated his concerns with the motel being located so
close to Xerxes Avenue and potential problems with water runoff and drainage. Chair Willson
explained that both sites drain underground away from Xerxes Avenue towards the ponding area
to the east of the Extended Stay. Mr. Warren added that the ponding area on the Extended Stay
site provides adequate drainage via storm sewer from all three sites into the ponding area and
then towards the highway right-of-way.
Mr. Davis asked about traffic control on the corner of Xerxes Avenue and Freeway Boulevard
and how the redevelopment of Brookdale will affect traffic at this same location. Mr. Warren
explained that extensive traffic analysis has been done in the past on major intersections in
Brooklyn Center. There will be a larger impact on traffic along Brooklyn Boulevard and County
Road 10 but not much traffic change is expected on Xerxes Avenue related to the Brookdale
redevelopment. The most intensive bulk of traffic would be affected during peak traffic hours
and intersections were developed in such a way as to address this traffic. The Xerxes and
Freeway Boulevard intersection was not affected adversely based on the studies. He added that
if the need for a signal becomes evident, through traffic warrants, one will be installed.
Mr. Davis asked that consideration be given to lighting on the site and assurances that all lighting
be directed downward so as not to create glare. Mr. Warren explained that any glare from any
lighting will be directed down or towards the building. Mr. Randy Lee offered further
explanation on outdoor lighting and well as lighting of signage.
CLOSE PUBLIC HEARING
There was a motion by Commission Reem, seconded by Commissioner Newman, to close the
public hearing on Application 99009 at 9:03 p.m. The motion passed unanimously.
ACTION TO RECOMMEND APPROVAL OF APPLICATION NO. 99009 - PLANNED UNIT
DEVELOPMENT AMENDMENT
A discussion ensued regarding the application and a draft resolution presented. It was the
consensus of the Commission to add a condition to'the resolution requiring a plan modification
to provide 132 parking spaces which reflects the proper room and employee count for the
proposal. Following the discussion, there was a motion by Commissioner Newman, seconded
by Commissioner Whitehead, to approve Resolution No. 99-03 regarding disposition of Planning
Commission Application 99009 submitted by Progressive Consulting Engineers, Inc. The
motion passed unanimously.
10-14-99 Page 3
Mr. Warren stated that the application will be forwarded to the City Council for consideration at
their October 25, 1999 regular meeting. He added notices will be sent to surrounding property
owners and the applicant's presence is required at the City Council meeting.
DISCUSSION ITEMS
COMMERCIAL ZONING REORGANIZATION
Mr. Warren directed the Commissioners attention to his memorandum dated October 11, 1999.
He briefly described the areas that would be potentially affected by a zoning reorganization and
the effect on those areas. He explained the impact on the zoning changes in certain areas with
various uses. Chair Willson asked about the need to make changes to the Comprehensive Plan
with a zoning reorganization. Mr. Warren replied that he did not believe it would be necessary at
this time but that would need to be verified.
Mr. Warren talked about changes that could occur to the zoning designations and pointed out that
consideration must be given to "special uses" currently in commercial zones and how they will
be handled in the future. He gave examples of some of the adverse affects on some
neighborhood areas of the city based on current zoning issues.
Mr. Warren asked the Commission to keep the zoning issues in mind and take a look at potential
conflicts that may arise by making changes. Commissioner Newman expressed concern with the
C-3 (Highway/Industrial/Business) designation. Commission Reem mentioned the Brooklyn
Boulevard Task Force study and how those findings relate to the zoning changes.
Further discussion continued relating to zoning and uses along Brooklyn Boulevard and the
ability of the City to replace "housing" along Brooklyn Boulevard with commercial property.
Mr. Warren suggested that this be discussed further when a full commission is in attendance. A
joint meeting with the Planning Commission and City Council will take place after the first of
the year to review this zoning reorganization.
OTHER BUSINESS
Commission Reem shared with the Commission her concerns regarding the construction site for
the West Fire Station on 63rd and Brooklyn Boulevard. She explained that there have been a
number of issues which have affected the neighborhood during the construction such as debris
from the project and the placement of a construction trailer and satellite on the site. The most
recent concern was the placement of a large piece of mechanical equipment on the roof at the
east end of the building. She noted this was never shown on the plans presented to the Planning
Commission for review. She felt this equipment could be moved to a less conspicuous place on
the roof or on the ground which would have less visual impact on the neighborhood. She said
she has been told only that it will be screened. Mr. Warren stated that details of all mechanical
equipment are not normally what is presented to the Planning Commission for review. These
details generally come about as the location is determined. He explained that they are dealt with
through a general condition that all roof top or on ground mechanical equipment be appropriately
screened. Usually a parapet wall will provide the necessary screening; if not, additional
10-14-99 Page 4
screening will be required. He further explained that from a zoning standpoint, mechanical
equipment can be on the roof or on ground as long as it is properly screened from view and what
is being done at the fire station is within this parameter.
ADJOURNMENT
There was a motion by Commissioner Newman, seconded by Commissioner Reem, to adjourn
the Planning Commission meeting. The motion passed unanimously. The meeting adjourned at
9:58 p.m.
Chair
Recorded and transcribed by:
Rebecca Crass
10-14-99 Page 5
-COMM.JOURNRL- *************** DATE NOU-01-1999 ***** TIME 13:38 *** P.01
MODE = MEMORY TRANSMISSION START=NOV-01 13:33 END=NOV-01 13:38
FILE NO.= 158
NO. COM ABBR/NTWK STATION NAME/ PAGES PRG.NO. PROGRAM NAME
TELEPHONE NO.
001 OK a 19727025972 005/005
612 569 3494- *********
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i
From the desk of,,,
Ronald A. Warren
Pladning 3 Zoning Specialist
C;ty of Stock" Center
6301 Shingle Creek Patxway
Brooklyn Center, MN 58-130
• 6t2-So"9-3370
Pax: 513 :o9-3454
************ *-COMM.JOURNAL- ** * * * *** * * DATE NOU-08-1999 ***** TIME 16:01 *** P.O1
MODE = MEMORY TRANSMISSION START=NOV-08 16:00 END=NOV-08 16:01
FILE NO.= 169
NO. COM ABBR/NTWK STATION NAME/ PAGES PRG.NO. PROGRAM NAME
TELEPHONE NO.
001 OK s 197270259?2 006/006
G12 569 3494- *********
Date
Pages: (Q ,ircluding.thiS ccver sheet. -
A=T,� G(-(� � . ! S ?s.{ 6 �Lf �O � 6 � C�'C5•i+.r 6-N � / n.> %G.�� f'"u 2 �.�, C7 F• � • .
GJEGG(r�it7/oN d !=CCJ!
leC:
From the desk of...
Ronald A. Warren
Planning 3 Zoning Speclaiist
- C;ty of Brooklyn Canter
E201 Shingle CPeek Faraway
Brooklyn Carter. MN .9=30
612.569.3330
Fax; 512-S6S 3494
11-05-99 19:47 From-KENNEDY & GRAVEN +6123379310 T-684 P.02/06 F-847
DECLARATION OF COVENANTS
AND RESTRICTIONS
THIS DECLARATION made this day of 199+, by
(hereinafter the "Declarant");
WHEREAS, Declarant is the owner of the real property described as LOTS 1 and 2, Block 1,
Shingle Creek 5"' Addition, Hennepin County, Minnesota; and
WHEREAS, the Subject Property is subject to certain zoning and land use restrictions
imposed by the city of .Brooklyn Center, Minnesota ("City") in connection with the rezoning 01" the
Subject Properly and certain adjacent pruperty from The zoning classification I-1 (Industrial Park) to
PUD 1-1 (Planned Unit Development Industrial Park) as provided in City Resolmiun No. 98-47
adupted on March 23, 1 998; and
WHEREAS, such restrictions are rn past, contained in a document entitled Declaration of
Covenants and Restrictions dated lf2 and filed in the uf3ice of the Hennepin
County Recorder on as Document No. r�'..>-(hereinafter the
"Declaration of 1998"); and
WHEREAS, in connection with the development of the Subject Property, Declarant has
applied to the City for a Planned Unit Development (PUD) amendment to allow construction of a
/)
Three storyIt&unit mou;l complex on the Subject Property; and
CLI,171352
8 k291-193 1
11-05-99 19:48 From-KENNEDY & GRAVEN +6123379310 T-684 P.03/06 F-847
WHEREAS, development of the Subject Property requires amendment of the Declaration
of 1998 and amendment of the PUD plan for the Sublect Property; and
WHEREAS, the City has approved such PUD plan amendment on the basis of the
determination of the City Council of the City that such amendment is acceptable only by reason of
the details of the development proposed and the unique land use characteristics of the proposed use
of the Subject Property; and that but for the details of the development proposed and the unique
land use characteristics of such proposed use, the amendment would not have been approved; and
WHEREAS. as a condition of approval of the PUD an-iendmcnt, the City has required the
execution and filing of this Declaration of Covenants, Conditiuns and Restrietiuns (hereinafter the
"Declaration"); and
WHEREAS, to secure the benefits and advantages of such PUD amendment, Declarant
desires to subject the Subject Property io the terms hereof.
NOW, THEREFORE, the Declarant declares that the Subject Property is, and shall be, held,
transferred, sold, conveyed and occupied subject to the covenants, conditions, and restrictions,
hereinafter set forth.
1. Lots l and 2, Block 1, Shing)e Creek 5`" Addition shall be used and develuped for a
g
li unit, three story motel complex and for no other use unless the owners oi'the Subject Property
secure either an amendment to the planned unit development plan and conditions approved by the
City Council or a rezoning of the Subject Property to a zoning classification which permits such
other use. The use and development of the Subject Property shall conform to the conditions of
approval of the PUD amendment specified by the City Council in Resolution r -r 'adopled on
October 1999 and to the Site Plan, Landscaping Plan, Grading Drainage and Erosion Control
CLL192836
BR291-178
11-05-99 19:48 From-KENNEDY & GRAVEN +6123379310 T-684 P.04/06 F-847
Plan, Utility Plan, Exterior Elevanons and Lighting Plan, attached hereto as Exhibits One, Two,
Three, Four, Five, Six and Seven, respectively, and hereby made a parr hereof. The access to
Freeway Boulevard shown on Exhibit One shall serve Lots 1 and 2, Block 1, Shingle Creek 5'
Addition and there shall be no other access driveways allowed between the access shown and
Xerxes Avenue. A directional nun -advertising sign for the motel on Lot 2 is allowed along
Freeway Boulevard at the location shown on Exhibit One. Said sign shall be no lamer than 16
square feet in area and 15 feet in height. All other• signage on the Subject Property shall conform to
the City's sign ordinance.
2. The covenants, conditions, and restrictions of the Declaration of t
1995 applicable to Lots 1 and 2, Block 1, Shingle Creek 5'h Addition, are superseded and replaced
by the covenants, conditions and restrictions herein.
3. The obligations and restrictions of this Declaration run with the land of the Subject
Property and shall be enforceable against the Declarant, its successors and assigns, by the City
acting through its City Council. This Declaration may be amended from time to time by a written
amendment executed by the City and the owner or owners of the lot or lots to be affected by said
amendment.
CLL142836
BR291-178
11-05-99 19:48 From-KENNEDY & GRAVEN +6123379310 T-684 P.05/06 F-84T
IN WITNESS WHREOF� the undersigned as duly authorized agents, officers, or
representatives of Declarant have(hereunn")set their hands and seals as of the day and year first
above written.
53
:
STATE OF MINNESOTA )
COUNTY OF )
Its
ITS
The foregoing instrument was executed this day of by
and '
> the and
respectively, of , a Minnesota corporation,
on behulf of the corporation.
Notary Pablic
APPROVED BY THE CITY OF BROOKLYN CENTER
By
Its Mayor
By
Its City Manager
CLL142836
BR291-178
11-05-99 19:48 From-KENNEDY & GRAVEN +6123379310 T-684 P-06/06 F-847
STATE OF MINNESOTA )
COUNTY OF ) SS
by insuunient(as
The foregoing ��
g b ,acknuwledged before me This day of
and
the and
respectively, of the a public body
corporate 4nd politic under the laws of Minnesota, on behalf of the
Notary Public:
CLL142836
BR291-178
MOTEL 6 OPERATING L.P. TRANSMITTAL
14651 Dallas Pkwy No. 00008
Suite 500 Phone: 972-702-2811
Dallas, TX 75240 Fax: 972-716-6650
PROJECT: Minneapolis, MI. - Brooklyn Center DATE: 5/8/00
TO: CIty of Brooklyn Center REF: M t
City of Brooklyn Center '
6301 Shingle Creek Parkway `
Brooklyn Center, MN 55430-2199
ATTN: David Fisher
WE ARE SENDING:
SUBMITTED FOR:
ACTION TAKEN:
❑
Shop Drawings
Rf Approval
❑
Approved as Submitted
❑
Letter
Your Use
❑
Approved as Noted
❑
Prints
As Requested
❑
Returned After Loan
❑
Change Order
❑ Review and Comment
❑
Resubmit
❑
Plans
❑
Submit
❑
Samples
SE T VIA:
❑
Returned
❑
Specifications
Attached
❑
Returned for Corrections
Other:
❑ Separate Cover Via:
❑
Due Date:
ITEM NO. COPIES DATE ITEM NUMBER REV. NO. DESCRIPTION STATUS',
1 1 5/8/00 Check For SAC fees and permit fee for
footings & foundations
2 1 5/8/00 Building Permit Application for footing &
foundations only
3 3 5/8/00 Performance Bond # 59-00-61
4 3 5/8/00 Executed Performance Agreement
Remarks: The filing # at the county office for the PUD is 7294760. A copy of the filed document will be forwarded to Ron Warren.
Please forward this information along with the Performance Agreements and Performance Bonds. I would like a copy of
the executed Performance Agreement by the City of Brooklyn Center returned to us for our rec s,'
CC: Signed:
Allen Tandy
t
Expedition
Accor Economy Lodging
14651 Dallas Parkway, Ste 500
Dallas, TX 75240
Tel: 972-386-6161
April 24, 2000
Mr. Ronald A. Warren
Planning and Zoning Specialist
City of Brooklyn Center
6301 Shingle Creek Pkwy
Brooklyn Center, MN 55430-2199
Via Airborne Express
RE: Motel 6 — Brooklyn Center, MN
Dear Ron:
As requested in your February 16, 2000 letter, herewith is a fully executed original copy of the
Declarations of Covenants and Restrictions relating to the Motel 6 Planned Unit Development in
Brooklyn Center, MN. As you and I previously discussed, we changed the elevations (exhibit 6) to
reflect the building meeting Brooklyn Center sign code.
We closed Motel 6's acquisition of the property on April 21, 2000 and will record the
aforementioned documents with the closing documents. We have instructed our title company to
provide you with the document number when complete.
If there are any questions or concerns, please call me at 972-702-6823.
Since ly,
Rand Lee
Vice President
Real Estate & Development
Cc: Larry McCown
Allen Tandy
,CITY OF BROOKLYNCENTER
Z/Y6
d
DECLARATION OF COVENANTS
AND RESTRICTIONS
72 76 6
Y e, L 4? .j
THIS DECLARATION made this &`day of 9„""`""--, 2000, by Motel 6
Operating L.P., a Delaware Limited Partnership (hereinafter the 'Declarant");
WHEREAS, Declarant is the owner of the real property described as Lots 1 and 2, Block 1,
Shingle Creek 51h Addition, Hennepin County, Minnesota; and
WHEREAS, the Subject Property is subject to certain zoning and land use restrictions
imposed by the city of Brooklyn Center, Minnesota ("City") in connection with the rezoning of the
Subject Property and certain adjacent property from the zoning classification I-1 (Industrial Park) to
PUD I-1 (Planned Unit Development Industrial Park) as provided in City Resolution No. 98-47
adopted on March 23, 1998; and
WHEREAS, such restrictions are in part contained in a document entitled Declaration of
Covenants and Restrictions dated June 5, 1998 and filed in the office of the Hennepin County
Recorder on June 5, 1998 as Document No. 6908835 (hereinafter the `Declaration of June 5th,
1998"); and
WHEREAS, in connection with the development of the Subject Property, Declarant has
applied to the City for a Planned Unit Development (PUD) amendment to allow construction of a
three story 122 unit motel complex on the Subject Property; and
CLL-171352 1
BR291-193
WHEREAS, development of the Subject Property requires amendment of the Declaration of
1998 and amendment of the PUD plan for the Subject Property; and
WHEREAS, the City has approved such PUD plan amendment on the basis of the
determination of the City Council of the City that such amendment is acceptable only by reason of
the details of the development proposed and the unique land use characteristics of the proposed use
of the Subject Property; and that but for the details of the development proposed and the unique land
use characteristics of such proposed use, the amendment would not have been approved; and
WHEREAS, as a condition of approval of the PUD amendment, the City has required the
execution and filing of this Declaration of Covenants, Conditions and Restrictions (hereinafter the
"Declaration"); and
WHEREAS, to secure the benefits and advantages of such PUD amendment, Declarant
desires to subject the Subject Property to the terms hereof.
NOW, THEREFORE, the Declarant declares that the Subject Property is, and shall be, held,
transferred, sold, conveyed and occupied subject to the covenants, conditions, and restrictions,
hereinafter set forth.
1. Lots 1 and 2, Block 1, Shingle Creek 5th Addition shall be used and developed for a
122 unit, three story motel complex and for no other use unless the owners of the Subject Property
secure either an amendment to the planned unit development plan and conditions approved by the
City Council or a rezoning of the Subject Property to a zoning classification which permits such
other use. The use and development of the Subject Property shall conform to the conditions of
approval of the PUD amendment specified by the City Council in Resolution No. 99-159 adopted
on October 25, 1999 and to the Site Plan, Landscaping Plan, Grading Drainage and Erosion Control
Plan, Utility Plan, Exterior Elevations and Lighting Plan, attached hereto as Exhibits One, Two,
CLL142836
BR291-178
Three, Four, Five, Six and Seven, respectively, and hereby made a part hereof. The access to
Freeway Boulevard shown on Exhibit One shall serve Lots 1 and 2, Block 1, Shingle Creek 5ch
Addition and there shall be no other access driveways allowed between the access shown and
Xerxes Avenue. A directional non -advertising sign for the motel on Lot 2 is allowed along Freeway
Boulevard at the location shown on Exhibit One. Said sign shall be no larger than 16 square feet in
area and 15 feet in height. All other signage on the Subject Property shall conform to the City's
sign ordinance.
2. The covenants, conditions, and restrictions of the Declaration of June 5, 1998
applicable to Lots 1 and 2, Block 1, Shingle Creek 5`h Addition, are superseded and replaced by the
covenants, conditions and restrictions herein.
3. The obligations and restrictions of this Declaration run with the land of the Subject
Property and shall be enforceable against the Declarant, its successors and assigns, by the City
acting through its City Council. This Declaration may be amended from time to time by a written
amendment executed by the City and the owner or owners of the lot or lots to be affected by said
amendment.
CLL142836
BR291-178
IN WITNESS WHEREOF, the undersigned as duly authorized agents, officers, or
representatives of Declarant have hereunto set their hands and seals as of the day and year first
above written.
MOTEL 6 OPERATING L.P., A DELAWARE
LIMITED PARTNERSHIP
BY ACCOR ECONOMY LODGING, INC., A
DELAWARE CORPORATION
Its Managing Gener /�er
—
r
STATE OF TEXAS )
) ss
COUNTY OF DALLAS )
Michael A. Ferraro
Its Senior Vice President
The foregoing instrument was executed this y of
Ferraro of Accor Economy Lodging, Inc., a Delaware c rporat
of the Limited Partnership on behalf of the Co ratio nd of
,•_
®AWN L. SIMPSON
1 Notary Public. State o1 Texas
.'wF �My �oxpl,.o�000� Notary Public
APPROVED BY THE CITY OF BROOKLYN CENTER
IC 1
CLL142836
BR291-178
riZ 2000, by Michael A.
and Managing General Partner
,imi _Partnership.
STATE OF MINNESOTA )
) SS
COUNTY OF HENNEPIN )
The foregoing instrument was acknowledged before me this y g g g � day 01
�- 2000,
by Myrna Kragness and Michael McCauley, the Mayor and Manager, respectiv y, of the ity of
Brooklyn Center, a public body corporate and politic under the laws of Minnesota, on behalf of the
City.
s +'Vh�. vVrW;AAAhJVVV#~ 18
REe3ECCA S, CRASS
NOTARY PUBLIC-MINNESOTA
My Commission Expires Jan. 31, 2005
CLL142836
BR291-178
Notary Public
Exhibit One
its adoption:
Member Ed Nelson 'introduced the following resolution and moved
RESOLUTION NO. 99-159,
RESOLUTION REGARDING DISPOSITION OF PLANNING, COMMISSION
APPLICATION NO: 99009 SUBMITTED ON BEHALF OF MOTEL 6
OPERATING LP
WHEREAS, Resolution No. 98-47 approved a rezoning from i 1(Industrial Park)
to PUD/I-1 of a 7.28 acre parcel of land located at the'southeast quadrant of Xerxes Avenue North
and Freeway Boulevard; and
WHEREAS, that PUD proposal also included site and building plan approval for
the first phase development on a portion of the property for a 104 unit Extended Stay America
Motel; and
WHEREAS, future development on the remaining two lots was deferred pending
submission of a Planned Unit Development amendment; and
WHEREAS, Planning Commission Application No. 99009 submitted by
Progressive Consulting Engineers, Inc, on behalf of Motel 6 Operating LP has been submitted for
'44 the development of a three story, 122 unit motel on Lot 2, Block 1, Shingle Creek 5th Addition
t� -! which is a part of the above mentioned Planned Unit Development; and
WHEREAS, the planning Commission held a duly called public hearing on October
14, 1999, when a staff report and public testimony regarding the Planned Unit Development
amendment were received; and
WHEREAS, the Planning Commission recommended approval of Planning
Commission Application No. 99009 by adopting Planning Commission Resolution No, 99-03 on
October 14, 1999; and
WHEREAS, the City Council considered Planning Commission Application No.
99009 at their October 25, 1999, meeting; and
WHEREAS, the City Council has considered this Planned Unit Development
amendment request in light of all testimony received, the guidelines for evaluating rezonings
contained in Section 35-208 of the City's Zoning Ordinance, the provisions of the Planned Unit
Development ordinance contained in Section 35-355, the City's Comprehensive Plan and the
Planning Commission's recommendation.
Exhibit One
RESOLUTION NO. 99-159
NOW, T%#EREFORE, BE IT -RESOLVED by the City Council of the City of
Brooklyn Center that Planning Commission -Application No. 99009 submitted by Progressive
Consulting Engineer's, Inc. on behalf of Motel 6 Operating LP be approved in light of the
following considerations:
1. The Planned Unit Development Amendment is compatible with the standards,
purposes and intent of the Planned Unit Development section of the City's Zoning
Ordinance. 71
2. The Planned Unit Development proposal will allow for the utilization of the land
-in question in a manner which - is ' compatible with, complimentary to and of
comparable intensity to adjacent land uses as well as' those permitted on
surrounding land.
3. The utilization of the property as proposed under this Planned Unit Development
amendment is considered a reasonable use of the property and will conform with
city ordinance standards except for allowing an off premise directional sign which
is justified on the basis of extensive precedent for such a sign.
4. The Planned Unit Development proposal is considered compatible with the
recommendations of the City's Comprehensive Plan for this area of the city.
5. The Planned Unit Development amendment appears to be a good long range use of
the existing land and can be considered an asset to the community.
6. In light of the above considerations, it is believed that the guidelines for evaluating
rezonings as contained in Section 35-208 of the City's Zoning Ordinance are met
and that the proposal is, therefore, in -the best interests of the community
BE IT FURTHER RESOLVED by the City Council of the City of Brooklyn Center
that approval of Planning Commission Application No. 99009 be subject to the following
conditions and considerations:
1. The building plans are subject to. review and approval by the Building Official with
respect to applicable codes prior to the issuance of permits.
2. Grading, drainage and utility plans as well as appropriate utility easements for
adjoining properties are subject to review and approval by the City Engineer prior
to the issuance of permits.
Exhibit One
RtSOLUTION NO. 99-159
3. A site performance agreement and supporting financial guarantee in an amount to
be determined based on cost estimates shall be submitted prior to the issuance of
permits.
4. Any outside trash disposal facilities and rooftop or on -ground mechanical
equipment shall be appropriately screened from view.
5. The building is to be equipped with an automatic fire extinguishing system to meet
NFPA standards and shall be connected to a central monitoring device in
accordance with Chapter 5 of the City Ordinances.
6. An underground irrigation system shall be installed in all landscaped areas to
facilitate site maintenance.
7. Plan approval is exclusive of all signery which is. subject to Chapter 34 of the City
Ordinances with the exception of an off premises directional sign no larger than 16
square feet in area and 15 feet in height which can be located at the shared access
on Freeway Boulevard. Said directional sign is justified on the basis of extensive
precedent for such sign -signs in similar circumstances.
8. B-612 curb and gutter shall be provided around all parking and driving areas.
9. The applicant shall submit an as -built survey of the property, improvements and
utility service lines prior to release of the performance guarantee.
10. The property owner shall enter into an easement and agreement for maintenance
and inspection of utility and storm drainage systems as determined by the City
Engineer prior to the issuance of permits.
11. Plans shall be modified to relocate the driveway serving this property so that it is
directly across from the driveway on the opposite. side of Freeway Boulevard as
required by the City Engineer. The cross access easement providing access from
Freeway Boulevard to Lot 2 shall be modified to reflect the driveway indicated on
the site plan.
12. All work performed and materials used for construction of utilities shall conform
to the City of Brooklyn Center's standard specifications and details.
13. The applicant shall obtain an NPDES permit from the Minnesota Pollution Control
Agency and shall also provide adequate erosion control as approved by the City's
Engineering Department.
Exhibit- One
'RESOLUTION NO. 99-159
14. The applicant shall enter into a development agreement with the City of Brooklyn
Center to be reviewed and approved by the City Attorney prior to the issuance of
building'permits. Said development agreement shall be filed with the title to the
property.
15. The plans shall be modified to provide 132 parking spaces which reflects the
ordinance parking requirement for a 122 unit motel with 10 employees ' on any one
shift.
October 25, 1999
Date
AATTEST: _ )1r%/1
City Clerk
The motion for the adoption of the foregoing resolution was duly seconded by member
Kay Tasman
and upon vote being taken thereon, the following voted in favor thereof:
Myrna Kragness, Debra M strom, Kay lasman, Fri Nelson, and Robert Peppe;
and the following voted against the same: none;
whereupon said resolution was declared duly passed and adopted.
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February 16, 2000
Mr. Randy Lee
Motel 6 Operating LP
14651 Dallas Parkway, Suite 500
Dallas, TX 75240
Dear Randy:
Enclosed are two copies of the Declaration of Covenants and Restrictions relating to the Motel 6
Planned Unit Development in Brooklyn Center, Minnesota. They have been approved and
signed by the City of Brooklyn Center and contain all of the required exhibits.
These documents should be executed by the appropriate Motel 6 official and one completed copy
returned to me. An executed copy of this Declaration must be filed with the title to the property
at Hennepin County, Minnesota, pursuant to the conditions of approval set forth by the Brooklyn
Center City Council in Council Resolution No. 99-199. Please provide me with a document
number indicating the filing has been completed.
If you have any questions or continents regarding the above, please contact me.
Sincerely,
Ronald A. Warren
Plamling and Zoning Specialist
RAW:rsc
Enclosures
DECLARATION OF COVENANTS
AND RESTRICTIONS
THIS DECLARATION made this day of , 2000, by Motel 6
Operating L.P., a Delaware Limited Partnership (hereinafter the 'Declarant");
WHEREAS, Declarant is the owner of the real property described as Lots 1 and 2, Block 1,
Shingle Creek 5ch Addition, Hennepin County, Minnesota; and
WHEREAS, the Subject Property is subject to certain zoning and land use restrictions
imposed by the city of Brooklyn Center, Minnesota ("City") in connection with the rezoning of the
Subject Property and certain adjacent property from the zoning classification I-1 (Industrial Park) to
PUD I-1 (Planned Unit Development Industrial Park) as provided in City Resolution No. 98-47
adopted on March 23, 1998; and
WHEREAS, such restrictions are in part contained in a document entitled Declaration of
Covenants and Restrictions dated June 5, 1998 and filed in the office of the Hennepin County
Recorder on June 5, 1998 as Document No. 6908835 (hereinafter the "Declaration of June 5th,
1998"); and
WHEREAS, in connection with the development of the Subject Property, Declarant has
applied to the City for a Planned Unit Development (PUD) amendment to allow construction of a
three story 122 unit motel complex on the Subject Property; and
CLL-171352 1
BR291-193
WHEREAS, development of the Subject Property requires amendment of the Declaration of
1998 and amendment of the PUD plan for the Subject Property; and
WHEREAS, the City has approved such PUD plan amendment on the basis of the
determination of the City Council of the City that such amendment is acceptable only by reason of
the details of the development proposed and the unique land use characteristics of the proposed use
of the Subject Property; and that but for the details of the development proposed and the unique land
use characteristics of such proposed use, the amendment would not have been approved; and
WHEREAS, as a condition of approval of the PUD amendment, the City has required the
execution and filing of this Declaration of Covenants, Conditions and Restrictions (hereinafter the
"Declaration"); and
WHEREAS, to secure the benefits and advantages of such PUD amendment, Declarant
desires to subject the Subject Property to the terms hereof.
NOW, THEREFORE, the Declarant declares that the Subject Property is, and shall be, held,
transferred; sold, conveyed and occupied subject to the covenants, conditions, and restrictions,
hereinafter set forth.
1. Lots 1 and 2, Block 1, Shingle Creek 5'h Addition shall be used and developed for a
122 unit, three story motel complex and for no other use unless the owners of the Subject Property
secure either an amendment to the planned unit development plan and conditions approved by the
City Council or a rezoning of the Subject Property to a zoning classification which permits such
other use. The use and development of the Subject Property shall conform to the conditions of
approval of the PUD amendment specified by the City Council in Resolution No. 99-159 adopted
on October 25, 1999 and to the Site Plan, Landscaping Plan, Grading Drainage and Erosion Control
Plan, Utility Plan, Exterior Elevations and Lighting Plan, attached hereto as Exhibits One, Two,
CLL142836
BR291-178
Three, Four, Five, Six and Seven, respectively, and hereby made a part hereof. The access to
Freeway Boulevard shown on Exhibit One shall serve Lots 1 and 2, Block 1, Shingle Creek 5`h
Addition and there shall be no other .access driveways allowed between the access shown and
Xerxes Avenue. A directional non -advertising sign for the motel on Lot 2 is allowed along Freeway
Boulevard at the location shown on Exhibit One. Said sign shall be no larger than 16 square feet in
area and 15 feet in height. All other signage on the Subject Property shall conform to the City's
sign ordinance.
2. The covenants, conditions, and restrictions of the Declaration of June 5, 1998
applicable to Lots 1 and 2, Block 1, Shingle Creek 5`h Addition, are superseded and replaced by the
covenants, conditions and restrictions herein.
3. The obligations and restrictions of this Declaration run with the land of the Subject
Property and shall be enforceable against the Declarant, its successors and assigns, by the City
acting through its City Council. This Declaration may be amended from time to time by a written
amendment executed by the City and the owner or owners of the lot or lots to be affected by said
amendment.
CLL142836
BR291-178
IN WITNESS WHEREOF, the undersigned as duly authorized agents, officers, or
representatives of Declarant have hereunto set their hands and seals as of the day and year first
above written.
MOTEL 6 OPERATING L.P., A DELAWARE
LIMITED PARTNERSHIP
BY ACCOR ECONOMY LODGING, INC., A
DELAWARE CORPORATION
Its Managing General Partner
Michael A. Ferraro
Its Senior Vice President
STATE OF TEXAS )
) ss
COUNTY OF DALLAS )
The foregoing instrument was executed this day of , 2000, by Michael A.
Ferraro of Accor Economy Lodging, Inc., a Delaware corporation, and Managing General Partner
of the Limited Partnership on behalf of the Corporation and of the Limited Partnership.
Notary Public
APPROVED BY THE CITY OF BROOKLYN CENTER
am
CLL142836
BR291-178
STATE OF MINNESOTA )
SS
COUNTY OF HENNEPIN )
The foregoing instrument was acknowledged before me this a 6'�kday of ' thihity
2000,
by Myrna Kragness and Michael McCauley, the Mayor and Manager, res ectiv , ofof
p Y
Brooklyn Center, a public body corporate and politic under the laws .of Minnesota, on behalf of the
City.
■
REBECCA S. CRASS
NOTARY PUBLIC•MINNESOTA
My Commission Expires Jan. 31, 2005
r M
CLL142836
BR291-178
&&Lill
Nodry Public
Exhibit One
` Member Ed Nelson introduced the following resolution and moved
its adoption:
RESOLUTION NO. 99-159
RESOLUTION REGARDING DISPOSITION OF PLANNING COMMISSION
APPLICATION NO. 99009 SUBMITTED ON BEHALF OF MOTEL 6
OPERATING LP
WHEREAS, Resolution No. 98-47 approved a rezoning from I-1 (Industrial Park)
to PUD/I-1 of a 7.28 acre parcel of land located at the'southeast quadrant of Xerxes Avenue North
and Freeway Boulevard; and
WHEREAS, that PUD proposal also included site and building plan approval for
the first phase development on a portion of the property for a 104 unit Extended Stay America
Motel; and
WHEREAS, future development on the remaining two lots was deferred pending
submission of a Planned Unit Development amendment; and
WHEREAS, Planning Commission Application No. 99009 submitted by
Progressive Consulting Engineers, Inc. on behalf of Motel 6 Operating LP has been submitted for
the development of a three story, 122 unit motel on Lot 2, Block 1, Shingle Creek 5th Addition
which is a part of the above mentioned Planned Unit Development; and
WHEREAS, the Planning Commission held a duly called public hearing on October
14, 1999, when a staff report and public testimony regarding the Planned Unit Development
amendment were received; and
WHEREAS, the Planning Commission recommended approval of Planning
Commission'Application No. 99009 by adopting Planning Commission Resolution No. 99-03 on
October 14, 1999; and
WHEREAS, the City Council considered Planning Commission Application No.
99009 at their October 25, 1999, meeting; and
WHEREAS, the City Council has considered this Planned Unit Development
amendment request in light of all testimony received, the guidelines for evaluating rezonings
contained in Section 35-208 of the City's Zoning Ordinance, the provisions of the Planned Unit
Development ordinance contained in Section 35-355, the City's Comprehensive Plan and the
Planning Commission's recommendation.
Exhibit One
RESOLUTION NO. 99-159
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of
Brooklyn Center that Planning Commission Application No. 99009 submitted by Progressive
Consulting Engineer's, Inc. on behalf of Motel 6 Operating LP be approved in light of the
following considerations:
1. The Planned Unit Development Amendment is compatible with the standards,
purposes and intent of the Planned Unit Development section of the City's Zoning
Ordinance.
2. The Planned Unit Development proposal will allow for the utilization of the land
in question in a manner which is compatible with, complimentary to and of
comparable intensity to adjacent land uses as well as those permitted on
surrounding land.
3. The utilization of the property as proposed under this Planned Unit Development
amendment is considered a reasonable use of the property and will conform with
city ordinance standards except for allowing an off premise directional sign which
is justified on the basis of extensive precedent for such a sign.
4. The Planned Unit Development proposal is considered compatible with the
recommendations of the City's Comprehensive Plan for this area of the city.
5. The Planned Unit Development amendment appears to be a good long range use of
the existing land and can be considered an asset to the community.
6. In light of the above considerations, it is believed that the guidelines for evaluating
rezonings as contained in Section 35-208 of the City's Zoning Ordinance are met
and that the proposal is, therefore, in the best interests of the community
BE IT FURTHER RESOLVED by the City Council of the City of Brooklyn Center
that approval of Planning Commission Application No. 99009 be subject to the following
conditions and considerations:
1. The building plans are subject to review and approval by the Building Official with
respect to applicable codes prior to the issuance of permits.
2. Grading, drainage and utility plans as well as appropriate utility easements for
adjoining properties are subject to review and approval by the City Engineer prior
to the issuance of permits.
Exhibit One
RESOLUTION NO. 99-159
3. A site performance agreement and supporting financial guarantee in an amount to
be determined based on cost estimates shall be submitted prior to the issuance of
permits.
4. Any outside trash disposal facilities and rooftop or on -ground mechanical
equipment shall be appropriately screened from view.
5. The building is to be equipped with an automatic fire extinguishing system to meet
NFPA standards and shall be connected to a central monitoring device in
accordance with Chapter 5 of the City Ordinances.
6. An underground irrigation system shall be installed in all landscaped areas to
facilitate site maintenance.
7. Plan approval is exclusive of all signery which is subject to Chapter 34 of the City
Ordinances with the exception of an off premises directional sign no larger than 16
square feet in area and 15 feet in height which can be located at the shared access
on Freeway Boulevard. Said directional sign is justified on the basis of extensive
precedent for such sign -signs in similar circumstances.
8. B-612 curb and gutter shall be provided around all parking and driving areas.
9. The applicant shall submit an as -built survey of the property, improvements and
utility service lines prior to release of the performance guarantee.
10. The property owner shall enter into. an easement and agreement for maintenance
and inspection of utility and storm drainage systems as determined by the City
Engineer prior to the issuance of permits.
11. Plans shall be modified to relocate the driveway serving this property so that it is
directly across from the driveway on the opposite. side of Freeway Boulevard as
required by the City Engineer. The cross access easement providing access from
Freeway Boulevard to Lot 2 shall be modified to reflect the driveway indicated on
the site plan.
12. All work performed and materials used for construction of utilities shall conform
to the City of Brooklyn Center's standard specifications and details.
13. The applicant shall obtain an NPDES permit from the Minnesota Pollution Control
Agency and shall also provide adequate erosion control as approved by the City's
Engineering Department.
M
'RESOLUTION NO. 99-159
i
Exhibit One
14. The applicant shall enter into a development agreement with the City of Brooklyn
Center to be reviewed and approved by the City Attorney prior to the issuance of
building' permits. Said development agreement shall be filed with the title to the
property.
15. The plans shall be modified to provide 132 parking spaces which reflects the
ordinance parking requirement for a 122 unit motel with 10 employees on any one
shift.
October 25, 1999
Date
ATTEST:
._v City Clerk
The motion for the adoption of the foregoing resolution was duly seconded by member
Kay Lasman
and upon vote being taken thereon, the following voted in favor thereof:
Myrna Kragness, Debra Hilstrom, Kay Lasman, Fri Nelson, and Robert Peppe;
and the following voted against the same: none;
whereupon said resolution was declared duly passed and adopted.
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