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HomeMy WebLinkAbout2021-083 CCR Member Graves introduced the following resolution and moved its adoption: RESOLUTION NO. 2021-83 RESOLUTION REGARDING THE RECOMMENDED DISPOSITION OF PLANNING COMMISSION APPLICATION NO. 2021-002 FOR ESTABLISHMENT OF A PLANNED UNIT DEVELOPMENT AND AMENDMENTS TO THE CITY'S ZONING MAP AND 2040 COMPREHENSIVE PLAN TO ALLOW FOR CONSTRUCTION OF A 48-UNIT ADDITION TO THE EXISTING 122-UNIT CREST APARTMENTS BUILDING AND RELATED SITE IMPROVEMENTS(6221 SHINGLE CREEK PARKWAY) WHEREAS, Planning Commission Application No. 2021-002, submitted by Aeon/The Crest Apartments LLC ("the Applicant") requests review and consideration for the establishment of a Planned Unit Development and an amendment to the City's zoning map that would allow for the construction of a 48-unit building addition to the existing 122-unit Crest Apartments and related site improvements to the property located at 6221 Shingle Creek Parkway ("the Subject Property");and WHEREAS, the Subject Property is situated in the Central Commerce Overlay District and pursuant to a determination by City staff, this District does not permit residential uses and therefore requires removal from said District; and WHEREAS, on June 10, 2021, the Planning Commission of the City of Brooklyn Center, Minnesota received and reviewed a planning report on the requested site and building plan, establishment of a Planned Unit Development, which would re-zone the Subject Property from R7 (Multiple Family Residence) District to Planned Unit Development-Commercial Mixed-Use District, and an amendment to the City's zoning map to remove the Subject Property from the Central Commerce Overlay District for the proposed new construction and related site improvements on the approximately 4.37-acre Subject Property;and WHEREAS, said Planning Commission Application No. 2021-002 also addresses a request to amend the City's 2040 Comprehensive Plan future land use designation of"Commercial Mixed-Use," of which the Subject Property is designated as, to allow the density range to increase from 10.01 to 25 dwelling units per acre to 10.01 to 60 dwelling units per acre, which would accommodate the density needs required to move forward with the proposal and address oversights during completion of the 2040 Comprehensive Plan regarding the densities of existing multi-family residential uses within this designation and the anticipated future density needs as this land use designation anticipates 50-percent of the land use for residential development at densities slightly lower than the adjacent TOD land use designation, but only comprises 1.64 percent of the City's total land area;and WHEREAS, the 2040 Comprehensive Plan outlines that the majority of forecasted growth within the City is anticipated to occur within the maj or redevelopment areas guided primarily as Transit Oriented Development (TOD)and Commercial Mixed-Use; and RESOLUTION NO. 2021-83 WHEREAS, the Planning Commission of the City of Brooklyn Center, Minnesota held a duly noticed and called public hearing on June 10, 2021, whereby a planning report was presented and public testimony regarding the proposal were received. Notice of such public hearing was published in the official newspaper and mailed to the Applicant and adjacent property owners as required by the City and Minnesota State Statute;and WHEREAS, the Planning Commission of the City of Brooklyn Center, Minnesota considered the application requests in light of all testimony received, and the guidelines and standards as outlined under Sections 35-202 (Comprehensive Planning) 35-208 (Rezoning Evaluation Policy and Review Guidelines), 35-210 (Rezoning Application Procedures and Reconsideration), 35-230 (Plan Approva�, and 35-355 (Planned Unit Development) of the City's Zoning Ordinance, and the request complies with the general goals and obj ectives of the City's 2040 Comprehensive Plan, with exception to the requested amendment to the Comprehensive Planto provide the increased density range required to move forward with the proj ect,and of which requires final determination by the Metropolitan Council. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Brooklyn Center, Minnesota that Planning Commission Application No. 2021-002, submitted by Aeon/The Crest Apartments LLC, be approved based upon the findings of fact in the June 10, 2021, planning report, and submitted documents and plans as amended by the following conditions of approval: 1. Site and Building Plan Review: a. Any significant changes or modifications made to this request can only be made by an amendment to the approved plans and documents as approved by the City Council. b. The building plans are subject to review and approval by the Building Official with respect to applicable codes prior to the issuance of permits. c. The Applicant shall provide elevation drawings demonstrating compliance with the City's architectural guidelines, which specify a minimum of 50-percent Class I and remaining Class II building materials per elevation (face). d. The Applicant shall update all existing ground trash and equipment enclosures to comply with City code requirements with regard to screening. e. The Applicant shall provide any final site and building plans to City staff for a CPTED (Crime Prevention through Environmental Design) review and make alterations as necessary prior to permit release. f. The Applicant shall work to ensure all applicable 2020 Minnesota Fire Code requirements have been met as part of any site and building plan approval. i. A fire sprinkler system is required to be installed per Section 903 of the 2020 Minnesota Fire Code and 2020 Minnesota State Building Code and shall be maintained on a consistent basis in the proposed 48-unit addition and enclosed garage. RESOLUTION NO. 2021-83 ii. The Applicant shall comply with riser room access and improvement requirements, FDC connection, and fire access aisle requirements. g. The Applicant shall install irrigation systems where necessary to facilitate site maintenance,and irrigation shop drawings for review and approval shall be provided prior to installation. h. The Applicant shall provide a lighting or photometric plan that identifies all existing and proposed lighting for the parking lots and buildings and in conformance with the City's code and architectural guidelines requirements. Fixture specifications shall be provided prior to issuance of any building permits. i. The Applicant shall submit a Sign Permit Application for any proposed signage(e.g., wall, freestanding) and receive issuance of a permit prior to any installation. All signage shall conform to City requirements. 2. Agreements: a. The Applicant shall enter into a PUD agreement with the City of Brooklyn Center. This agreement is to be reviewed and approved by the City Attorney prior to the issuance of building permits. The agreement shall further assure compliance with the development plans submitted with this application. b. A Performance Agreement with supporting financial guarantee approved by the City shall be executed upon any approval of the to-be submitted building permit for site and building improvements,which ensures the Subject Property will be constructed, developed, and maintained in conformance with the plans, specifications, and standards. c. An as-built survey of the property, improvements, and utility service lines shall be submitted prior to release of any Performance Agreement financial guarantee. d. A Utility Facilities Easement Agreement is required for submittal to the City prior to issuance of any permits. e. A Construction Management Plan and Agreement and associated escrow are required for submittal prior to the City prior to issuance of any permits. f. A pre-construction meeting is required prior to the issuance of building permits. 3. Engineering Review: a. The Applicant agrees to comply with all conditions or provisions noted in the Assistant City Engineer's review memorandum, dated June 4, 2021. b. Final grading, drainage, utility, and erosion control plans and any other site engineering related issues are subject to review and approval by the City Engineer for City site and building plan approval and prior to the issuance of permits. RESOLUTION NO. 2021-83 June 28, 2021 Date -- Mayor ATTEST: City Clerk The motion for the adoption of the foregoing resolution was duly seconded by member Lawrence-Anderson and upon vote being taken thereon, the following voted in favor thereo£ Butler, Elliott, Graves, Lawrence-Anderson, Ryan and the following voted against the same: None whereupon said resolution was declared duly passed and adopted.