HomeMy WebLinkAbout2022-05-12 PCPPLANNING COMMISSION
CITY OF BROOKLYN CENTER
REGULAR MEETING
MAY 12, 2022
Optional public access to the Webex meeting is below:
Online: logis.webex.com | Phone: (312) 535-8110
Meeting Number (Access Code): 2469 523 8910
Passcode: BCPC05122022
1. Call to Order – 7 p.m.
2. Roll Call
3. Approval of Agenda
a. Motion to Approve Planning Commission Meeting Agenda for May 12, 2022
4. Approval of Minutes
a. Motion to Approve Regular Meeting Minutes for January 13, 2022
5. 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.
6. Planning Items
a. Planning Commission Application No. 2022-002 (PUBLIC HEARING)
Applicant: Dorsey & Whitney LLP, on behalf of Independent School District
No. 286
Property Owner: MSB Holdings Brooklyn Center LLC
Project Location: 5910 Shingle Creek Parkway
Summary: The Applicant is requesting review and consideration of a
proposal to subdivide the approximately 8-acre Subject
Property, which would allow the Applicant to consolidate their
district offices and childcare services into one building and
expand the Applicant’s continuum of services on an
approximately 2.5 acre lot. The remaining approximately 5.4
acres would be subdivided and purchased by the City of
Brooklyn Center to help support long-term redevelopment
plans, and through acquisition of necessary lands for future
public roadways and utilities, developable lands, and public
park lands.
7. Discussion Items
a. Return to In-Person Meetings and Upcoming Planning Commission Meetings
8. Adjournment
PLANNING COMMISSION | HOUSING COMMISSION
CITY OF BROOKLYN CENTER
JOINT WORK SESSION
MAY 12, 2022
Immediately Follows Regular Planning Commission Meeting (7 p.m.)
Optional public access to the Webex meeting is below:
Online: logis.webex.com | Phone: (312) 535-8110
Meeting Number (Access Code): 2469 523 8910
Passcode: BCPC05122022
1. Call to Order
2. Roll Call
3. City of Brooklyn Center Zoning Code Update Presentation (Bolton & Menk, Inc.)
a. Review of Efforts to Date
b. Key Updates Review
c. Questions
d. Next Steps
4. Adjournment
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MINUTES OF THE PROCEEDINGS OF THE PLANNING COMMISSION
OF THE CITY OF BROOKLYN CENTER IN THE COUNTY OF
HENNEPIN AND THE STATE OF MINNESOTA
JANUARY 13, 2022
1. CALL TO ORDER
The Planning Commission meeting was called to order by Chair Koenig at 7:10 p.m. The meeting
was conducted via Webex.
2. ROLL CALL OF 2021 PLANNING COMMISSION
Chair Alexander Koenig and Commissioners Alfreda Daniels-Juasemai, Kau Guannu, Stephanie
Jones, and Peter Omari. Commissioner Paris Dunn was absent and unexcused. City Planner and
Zoning Administrator Ginny McIntosh and Associate City Planner Olivia Boerschinger were also
present.
3. APPROVAL OF AGENDA – JANUARY 13, 2022
There was a motion by Commissioner Omari, seconded by Commissioner Jones, to approve the
agenda for the January 13, 2022 meeting as presented.
Commissioner Daniels-Juasemai was only able to participate via the Webex chat feature.
Voting on the motion: Chair Koenig and Commissioners Daniels-Juasemai, Guannu, Jones, and
Omari voted aye. The motion passed unanimously.
4. APPROVAL OF MINUTES
4a. November 18, 2021 Regular Meeting Minutes
There was a motion by Commissioner Omari, seconded by Commissioner Jones, to approve the
minutes of the November 18, 2021 meeting as presented.
Voting on the motion: Chair Koenig and Commissioners Daniels-Juasemai, Guannu, Jones, and
Omari voted aye. The motion passed unanimously.
4b. December 14, 2021 Joint Work Session Meeting Minutes
4c. November 30, 2021 Joint Work Session Meeting Minutes
4d. October 26, 2021 Joint Work Session Meeting Minutes
4e. September 30, 2021 Joint Work Session Meeting Minutes
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4f. June 29, 2021 Joint Work Session Meeting Minutes
There was a motion by Commissioner Omari, seconded by Commissioner Jones, to approve the
minutes of the December 14, 2021, November 30, 2021, October 26, 2021, September 30, 2021,
and June 29, 2021 meetings as presented.
City Planner and Zoning Administrator Ginny McIntosh noted Commissioners could approve
minutes even if they were not present at a joint work session per conversations with the City
Attorney.
Voting on the motion: Chair Koenig and Commissioners Daniels-Juasemai, Guannu, Jones, and
Omari voted aye. The motion passed unanimously.
5. OFFICIAL ADJOURNMENT OF THE 2021 PLANNING COMMISSION
Commissioner Omari moved and Commissioner Daniels-Juasemai seconded to adjourn the 2021
Planning Commission.
Voting on the motion: Chair Koenig and Commissioners Daniels-Juasemai, Guannu, Jones, and
Omari voted aye. The motion passed unanimously.
6. ROLL CALL OF THE 2022 PLANNING COMMISSION
Chair Alexander Koenig and Commissioners Alfreda Daniels-Juasemai, Kau Guannu, Stephanie
Jones, and Peter Omari. Commissioner Paris Dunn was absent. City Planner and Zoning
Administrator Ginny McIntosh and Associate City Planner Olivia Boerschinger were also present.
7. ELECTION OF PLANNING COMMISSION CHAIRPERSON FOR YEAR 2022
Commissioner Omari nominated and Chair Koenig seconded Chair Koenig to continue serving as
Chairperson.
Voting on the motion: Chair Koenig and Commissioners Daniels-Juasemai, Guannu, Jones, and
Omari voted aye. The motion passed unanimously.
8. APPOINTMENT OF 2022 VICE-CHAIR BY CHAIRPERSON
Chair Koenig encouraged any and all Commissioners to serve as Chairperson.
Commissioner Daniels-Juasemai nominated Commissioner Omari to be appointed as Vice Chair.
Commissioner Omari nominated Commissioner Daniels-Juasemai to be appointed as Vice Chair.
Commissioner Omari asked Chair Koenig to consider women on the Commission to serve as Vice
Chair.
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Chair Koenig stated he was unfamiliar with Commissioner Guannu, but he was familiar with
Commissioner Daniels-Juasemai. He asked who was typically available to attend the most
meetings. He noted that life happens, but they would like the best attendance possible.
Ms. McIntosh noted Commissioner Jones was the Vice Chair last year.
Commissioner Guannu stated she was not opposed to Commissioner Omari serving as the Vice
Chair. Commissioner Jones agreed she was fine with Commissioner Omari serving as the Vice
Chair.
Chair Koenig asked Commissioner Omari would like to be appointed as the Vice Chair.
Commissioner Omari confirmed he would be pleased to serve as the Vice Chair.
Chair Koenig appointed Commissioner Omari to serve as Vice Chair. He thanked the
Commissioners for their input.
9. CHAIRPERSON’S EXPLANATION
Chair Koenig 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.
9. PLANNING ITEMS
6a. Planning Commission Application No. 2022-001
Applicant: Derek Haluptzok (A-Abco Auto Parts Inc.)
Property Owner: Schmitt Real Estate LLC
Property Address: 2400 Freeway Boulevard
Summary: The Applicant is requesting review and consideration of a
request that would allow for the retail sale of new and used
auto parts warehoused on-site within the existing
approximately 50,614-square foot building at 2400 Freeway
Boulevard in Brooklyn Center. Said property is zoned I-1
(Industrial Park) District and the requested use is considered
a Special Use in the I-1 zoning district; therefore, a special
use determination is required per Section 35-330 of the City
Code of Ordinances.
City Planner Ginny McIntosh stated Associate Planner Olivia Boerschinger would make the Staff
presentation. Chair Koenig invited Ms. Boerschinger to speak.
Ms. Boerschinger explained she is presenting on behalf of the Applicant. Derek Haluptzok of A-
Abco Parts, the Applicant, is requesting review and consideration of an application that would
allow for the issuance of a Special Use Permit for the retail sale of new and used auto parts
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warehoused on-site at 2400 Freeway Boulevard, known as the Subject Property. The Subject
Property consists of an approximately 50,614 square foot building that was constructed in 1974 on
approximately 4.69 acres.
Ms. Boerschinger stated A-Abco Auto Parts has been in business since 1988. A-Abco currently
has a manufacturing facility located in Fridley, and a 24,000-square foot retail sales and warehouse
building located in Spring Lake Park. The Applicant intends to model the requested use on the
Subject Property after the Spring Lake Park location, with approximately 20 employees, including
salespeople, warehouse clerks, and clerical staff. The Applicant does not require any outdoor
storage, and there will be no manufacturing or processing of materials at the Subject Property.
Ms. Boerschinger noted the Subject Property originally received site and building plan approval
as well as issuance of a Special Use Permit in 1974 under Planning Commission Application No.
74022 for construction of an approximately 50,000 square foot building, then known as the
Kennedy & Cohen building, with its intended use as a major appliance retail sales warehouse
facility. Approval of the Special Use Permit ultimately allowed for what was a commercial retail
establishment in the I-1 (Industrial Park) District.
Ms. Boerschinger stated the approval of the site and building plan also included approvals for a
landscape plan, installation of an underground irrigation system, and an automatic fire
extinguishing system. Included in the submitted plans were provisions that indicated adequate
land area to support the required parking for the building at the C2 (Commerce) District retail
level, which was outlined as 323 spaces. As only a portion of the building would be used for retail,
with warehousing as the primary use, the application requested a parking reduction of 148 parking
spaces, for 175 total on-site parking spaces, which was determined to be adequate. The site plan
considered under this application was also reviewed with respect to proposed grading, draining,
and various flood plain needs.
Ms. Boerschinger stated a subsequent application was submitted in 1976 under Planning
Commission Application No. 76055 and by Applicant J.Y.J. Corporation, which requested
issuance of a Special Use Permit for retail sales in the I-1 (Industrial Park) District in the now
former Kennedy & Cohen building, and received approved by City Council on October 18, 1976.
It was noted under this application that the Applicant had a short term lease in place with the
Property Owner and was considering purchase of the building. However, based on the timing of
Planning Commission Application approvals, it appears Applicant J.Y.J Corporation never
purchased the building given Schmitt Music ’s acquisition shortly thereafter.
Ms. Boerschinger explained additional approvals were granted in 1977 under Planning
Commission No. 77019 for issuance of a Special Use Permit that would permit certain retailing
and educational uses in the I-1 (Industrial Park) District. Said application was approved by City
Council on June 6, 1977 and specifically called out the necessity of addressing the deterioration
of site improvements, and specifically the landscaping. It was as part of the approvals under this
application that the underground irrigation system was also addressed, as well as the necessity of
repairing and/ or installing any malfunctioning or missing site lighting.
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Ms. Boerschinger showed a slide depicting the external views of the Subject Property. She noted
there are five existing dock doors and two drive-in doors, along with a clear height range of
between 11-feet and 21-feet. She showed interior images of Use and Subject Property and an
example of an existing A-Abco retail sales counter.
Ms. Boerschinger explained the special use is not intended to be injurious to the use and enjoyment
of other property in the immediate vicinity for the purposes already permitted, nor substantially
diminish and impair the property values within the neighborhood. As previously stated, the
requested use of the Subject Property is similar in nature to the original approved use, and current
use, of retail sales and warehousing. The Applicant has stated upgrades will be made to the
building on the Subject Property as needed to maintain the overall property. There is no outdoor
storage of materials or product being requested, and no changes are proposed to the existing
building or property at this time.
Ms. Boerschinger stated per Section 35-220, Special Use Permits, of the City’s Zoning Ordinance,
the proposed use is similar to present use with portion of building for warehousing auto parts, and
the remainder to use as a retail or showroom. There are no plans to allow for outside storage of
parts.
Ms. Boerschinger added the proposed use does not intend to cause impact detrimental to properties
immediately adjacent due to the similarity to current use. The 2040 Comprehensive Plan identifies
the property and those to the west as Commercial for future land designation, in which the
proposed use aligns with.
Ms. Boerschinger noted the requested use does not require changes to the existing building or
property, as it aligns with the originally approved site and building plan. The surrounding land is
either fully developed or utilized as parks or open space, with the exception of 2500 Freeway
Boulevard. Additionally, there are no proposed changes to the property’s existing ingress, egress,
parking, or loading docks. The requested use would have regular business hours and would likely
have less traffic than presently.
Ms. Boerschinger stated the request to accommodate retail sales and warehousing of auto parts
will conform with the applicable regulations of the district of the Subject Property. The current
zoning of the Subject Property is I-1 District. Wholesale trade activities of automotive equipment
are permitted. Additionally, as previously mentioned, the requested use closely relates to the
existing special use of “retail sales of products manufactured, processed, warehoused, or
wholesaled on the use site” stated in Section 35-330, Subsection 3 (Special Uses) within the City
Code.
Ms. Boerschinger noted the Applicant has no plans to alter the exterior of the building in such a
way to render the building or site non-conforming, and has no plans to provide outdoor storage.
However, the Applicant would need to address any missing or damaged site improvements as
identified on the approved site plans, including but not limited to landscaping, irrigation, and site
lighting.
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Ms. Boerschinger stated public hearing notice was published in the Brooklyn Center Sun Post on
December 30, 2021. Mail notices were also sent out to those taxpayers and occupants with
property falling within an extended designated notification area. City Staff have not received any
public comments.
Ms. Boerschinger stated Staff recommends the a number of conditions be attached to any positive
recommendation on the approval of Application No. 2022-001 for 2400 Freeway Boulevard. First,
any major changes or modifications made to the Subject Property can only be made either through
the City ’s Building Permit process or through formal Site and Building Plan approval by the City.
The Applicant shall provide plans for any remodeling and submit building permit applications for
any work to be conducted to the building, or proposed new signage.
Ms. Boerschinger added the Applicant shall meet with the Building Official and Fire Inspector
prior to occupancy of the building to discuss any changes to use or classification of the building,
including but not limited to fire suppression systems, storage racking, hazardous materials, and
liquids storage, etc.
Ms. Boerschinger stated the Applicant shall ensure compliance with the approved plan set,
including replacement and/ or repair of any missing plantings as identified under the approved
Landscape Plan, site irrigation, and site lighting, etc.
Ms. Boerschinger noted the Special Use Permit is for the retail sales and warehousing of auto parts
and is subject to all applicable building codes, ordinances, and regulations. Any violation thereof
may be grounds for revocation. There may be no outside storage of parts or products, no parting
out of vehicles or storage of vehicles to occur on-site or within the building, and no hazardous
materials are to be stored on-site, other than those typically found at retail auto parts stores.
Ms. Boerschinger stated based on the findings, Planning Staff recommends the Planning
Commission recommends City Council approval of Planning Commission Application No. 2022-
001, Special Use Permit for the retail sale of new and used auto parts warehoused on-site within
the existing 50,614-square foot building located at 2400 Freeway Boulevard, subject to the
Applicant complying with the Approval Conditions.
Ms. Boerschinger offered to answer any questions. She noted there was a representative of the
Applicant at the meeting who could also answer questions or provide further information.
John Langdon, Vice President with A-Abco Auto Parts, introduced himself and explained he works
out of the Spring Lake Park Office. He noted Ms. Boerschinger did an excellent presentation and
added another representative was on the call.
Dan Friedner explained he was a commercial real estate broker working with A-Abco and the
purchase of the building. He noted he could answer any questions related to real estate.
OPEN TO PUBLIC COMMENTS – APPLICATION NO. 2022-001
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There was a motion by Commissioner Jones, seconded by Commissioner Omari, to open the public
hearing on Application No. 2022-001.
Voting on the motion: Chair Koenig and Commissioners Daniels-Juasemai, Guannu, Jones, and
Omari voted aye. The motion passed unanimously.
There was no one present from the public to provide comment.
Chair Koenig confirmed Ms. Boerschinger and Ms. McIntosh had not received any requests to
speak.
MOTION TO CLOSE PUBLIC COMMENTS (HEARING)
There was a motion by Commissioner Omari, seconded by Commissioner Jones, to close the
public hearing on Application No. 2022-001.
Voting on the motion: Chair Koenig and Commissioners Daniels-Juasemai, Guannu, Jones, and
Omari voted aye. The motion passed unanimously.
Commissioner Omari thanked the Applicant for the presentation and noted Brooklyn Center
appreciates additional businesses moving into the community. He noted he has visited previous
properties to confirm their function aligns with their applications.
Commissioner Omari stated there was an issue with a distribution center near the Subject Property
related to traffic, congestion, and spacing during loading and unloading. He asked how the
property will handle loading and unloading of large trucks.
Mr. Langdon asked if the trucks were at the Spring Lake Park location. Commissioner Omari
stated he was referring to a property near the Subject Property.
Mr. Friedner stated they plan on having two 53-foot trailers coming in each day. He asked if those
come from distribution hubs or other locations. Mr. Langdon confirmed the trucks would come
from Fridley. Mr. Friedner stated the current building has many more than two trucks coming in
and out each day, so the property will become less busy and safer.
Commissioner Omari thanked Mr. Friedner and Mr. Langdon.
Chair Koenig stated he has been a customer of A-Abco previously and noted his appreciation of
the business. He asked the Applicant not encourage customers to use the parking lot as a place to
repair or replace parts. Chair Koenig suggested the Applicant strenuously enforce that concept.
Mr. Langdon stated there is clear signage that states repairs are not allowed to be done in the
parking lot. Additionally, there is no overnight parking allowed. It is very important to A-Abco
to be good stewards and citizens. They take pride in presenting a clean, crisp business, and they
do not want to be an eyesore. If need be, they will speak with customers to leave the site for
repairs. Staff is diligent about ensuring they maintain the cleanliness of the area. He noted the
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location is beautiful. Mr. Langdon confirmed they will have measures in place to discourage
repairs on site, and they will be diligent in enforcing the rules.
Chair Koenig noted A-Abco does their work well. He added he does not see any barriers.
Commissioner Daniels-Juasemai stated she was surprised there was no public comment. Ms.
Boerschinger stated everyone in the surrounding area was notified of the hearing. She explained
she even expanded the radius to 750 feet to reach more people. Both property owners and the tax
payers in the area were notified. The public notice went out approximately ten days prior to the
meeting.
Ms. McIntosh showed an aerial view of the site and noted there is a creek and highway as a barrier
to the Subject Property. Additionally, the parcels are very large. The area is well-insulated from
residential areas.
Commissioner Jones asked if there will be increased jobs or if they will keep the same staff. Mr.
Langdon stated there would be an increase of jobs with several salaried positions. The hourly rate
is often in excess of $20 per hour. There is also an opportunity to make money through the
customers that visit the site or over the phone. They are looking at hiring 20-25 staff initially with
a potential for an additional 15 staff.
Mr. Langdon explained they are very excited about being in the Brooklyn Center area as they
already have a lot of business in the area. He believes they will partner well with the community.
Commissioner Omari stated there is a large fence and a gate on the property. He asked what kind
of parts does A-Abco deal with. Mr. Langdon stated they purchase between 100 and 125 cars each
week, bring the cars on site in Fridley, then dismantle the cars. Large parts such as engines or
large body parts are stored behind fences at the Fridley salvage yard. Smaller parts such as
alternators or tires are stored on racking at their Spring Lake Park location. A-Abco’s racking is
very similar to that in Schmitt Music. The Brooklyn Center location would have smaller parts
such as headlights or alternators. Commissioner Omari thanked Mr. Langdon for his explanation.
Commissioner Daniels-Juasemai asked if the hiring process would include intentionality for
Brooklyn Center residents. Mr. Langdon confirmed there would be a sort of intentionality as local
employees share information about their services with the local community. Additionally, they
would be putting money into the community where they have a business. There is not extreme
intentionality as there are hiring laws. Most of the jobs are posted on Indeed, so they are open to
more than just Brooklyn Center residents. He noted their best success is typically with people who
can walk or ride their bikes to work.
Chair Koenig noted perhaps the City could partner with businesses as they enter the community to
post on the City website or do community outreach to hire locally. There are rules a business must
follow in the hiring process, but the City itself would benefit from assisting in the hiring process.
Mr. Langdon stated he would love any help from the City in the hiring process. Many businesses
are having difficult hiring currently.
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Ms. McIntosh, in response to a chat from Commissioner Daniels-Juasemai, showed an aerial view
of the site and pointed out the location of the new Casey’s. She also pointed out the Best Western
and Country Inn and Suites on the map.
Commissioner Jones asked what the educational requirements are for the salaried positions and if
A-Abco consider themselves a fair chance employer.
Mr. Langdon stated there is not a college degree required for the salaried positions. They prefer
previous leadership experience and experience in a retail background. He noted he was most
interested in integrity, desirous, and if they have the ability to communicate. Leaders must
disseminate a lot of information and handle challenging information with both employees and
customers. They are looking at the person more than the experience. Mr. Langdon stated they can
never have enough great leaders within their company. They ultimately aim to take care of their
employees, customers, and neighbors. He added they are a company of second chancers, and they
do not disqualify people based on a checkered background.
Chair Koenig thanked Mr. Langdon for his comments and noted his appreciate of the philosophy.
Commissioner Daniels-Juasemai commented in the chat that she liked Mr. Langdon’s answer.
ACTION TO RECOMMEND APPROVAL OF PLANNING COMMISSION APPLICATION
NO. 2022-001 SUBMITTED BY DEREK HALUPTZOK OF A-ABCO AUTO PARTS, INC.
There was a motion by Commissioner Omari, seconded by Commissioner Daniels-Juasemai, to
approve Planning Commission Application No. 2022-001 for Resolution Regarding the
Recommended Disposition of Planning Commission Application No. 2022-001 Submitted by
Derek Haluptzok (A-Abco Auto Parts, Inc.) for Issuance of a Special Use Permit for the Retail
Sale of New and Used Auto Parts Warehoused Indoors at the Property Located as 2400 Freeway
Boulevard.
Voting on the motion: Chair Koenig and Commissioners Daniels-Juasemai, Guannu, Jones, and
Omari voted aye.
And the following voted against the same: None
The motion passed unanimously.
Ms. McIntosh stated she would follow up with the Applicant about when the item would make it
to the City Council.
Chair Koenig thanked Mr. Langdon for wanting to enter into the Brooklyn Center community. He
added the business would likely flourish in the community and would be beneficial to the residents.
Mr. Langdon stated the Commission has been extremely pleasant to deal with. He stated they will
not let the City down and he is available for any assistance to the City.
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11. DISCUSSION ITEMS
11a. 2022 Planning Commission Schedule
Ms. McIntosh stated the Commissioners should have received copies of the 2022 schedule. They
will likely meet on a monthly basis. If there is a need for additional meetings, Staff will inform
the Commission.
Commissioner Omari stated Ms. McIntosh and Chair Koenig are doing a great job.
11b. Projects Update
Ms. McIntosh stated the spring might be crazy for Planning Commission items, but nothing has
been officially submitted. There are likely many projects that will be submitted in the spring. The
Opportunity Site has had a couple of work sessions where the developers met with the City Council
for continued discussion.
Ms. McIntosh added Carvana, an online car dealer, had a recent presentation for the Council. The
next steps are to address outstanding questions of the Council. The City does not have a car sales
format similar to Carvana, and the code is oriented to more traditional car dealerships. Carvana is
proposing a car vending machine at 1601 James Circle North, which was formally an Olive Garden
and Cracker Barrel. Carvana has a strong interest in Brooklyn Center.
Ms. McIntosh stated the Opportunity Site is forging ahead, and there will be continued discussions.
The new owners of the Sears site held a neighborhood meeting online but had some technical
issues. She noted Chair Koenig was at the meeting. The Sears site owners provided background
on their project and presented to the Council.
Ms. McIntosh stated there are other projects in the works that have not been officially submitted
to the Planning Commission yet.
Commissioner Omari stated 2021 was a very difficult time for everyone. He stated he went to the
car wash and was hoping they had enough space. He went to a similar car wash in Dallas that was
three or four times longer. He explained his car was cleaned well, but he will go again when the
weather is better.
Commissioner Omari stated there were young men from the community that were walking home
from the car wash after work. The cheapest car wash is $7 or $8, but there is an unlimited car
wash option for $35. He explained he bought the $35 package to check the consistency of the
customer service. Commissioner Omari noted the car wash had great community service.
Ms. McIntosh stated 2021 had a low number of applications at around five. In 2018 and 2019 they
had closer to 18 or 19 applications each year. She noted the 1960s and 1970s had around 100
applications each year. As for 2022, Staff anticipate there will be several large-scale, complex
building site approvals. She asked for all Commissioners to attend the meetings as much as
possible.
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Chair Koenig asked for an update on Johnny Opara and the Crest. Ms. McIntosh stated Mr. Opara
did not yet receive the funding he applied for but continues to move the project forward and work
with the City.
Ms. Boerschinger stated Mr. Opara applied for Met Council funding spring of 2021, but they
received many applicants and Mr. Opara was not selected. Mr. Opara will be applying again in
2022 for funding.
Ms. McIntosh stated the funding may be based on points, and Mr. Opara may work on land use
approvals to contribute to his points. Chair Koenig noted he read a glowing article about Mr. Opara
regarding a project in St. Paul.
Ms. McIntosh stated the Crest is moving forward. They had to close by the end of 2021 because
they were going to lose their bond. Staff worked hard to pull everything together. The Crest
anticipates they will start work on the building in February or March. The work on the new
building will likely not start until July because precast concrete orders are scheduled out a ways .
People have had to make alterations to their building materials due to the supply issues.
Chair Koenig asked if the Boulevard triplexes are back in motion. Ms. McIntosh stated C Alan
Homes comes from a single-family home builder background, and multi-family homes are a
different game. Triplexes are residential buildings with commercial standards, so there’s been a
learning curve, but confirmed they are still underway with the project.
Ms. Boerschinger stated they will begin reviewing the Zoning Code in the Spring. Staff has been
reviewing the Code, and they will bring it back to the Planning Commission later this year. Ms.
McIntosh stated she will get updated zoning requests to the proper parties to send out post cards
about the potential impacts of the new Code. The intent is for existing uses to remain conforming
so long as they remain in active use.
Commissioner Omari thanked the Commissioners he has worked with since joining the Planning
Commission. He stated they have put in a lot of good work and time. Commissioner Omari
thanked Chair Koenig for appointing him as the Vice Chair. He noted Ms. Boerschinger and Ms.
McIntosh are also doing a great job. Commissioner Omari introduced himself to Ms. Boerschinger
and explained the Commission appreciates brevity.
12. ADJOURNMENT
There was a motion by Commissioner Jones, seconded by Commissioner Daniels-Juasemai, to
adjourn the Planning Commission meeting.
Voting on the motion: Chair Koenig and Commissioners Daniels-Juasemai, Guannu, Jones, and
Omari voted aye. The motion passed unanimously.
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The meeting adjourned at 8:31 p.m.
_______________________________ __________________________________
Ginny McIntosh, Secretary Alexander Koenig, Chair
App. No. 2022-002
PC 05/12/2022
Page 1
Planning Commission Report
Meeting Date: May 12, 2022
Application No. 2022-002
Applicant: Dorsey & Whitney LLP on behalf of Independent School District No. 286
Location: 5910 Shingle Creek Parkway
Requests: Preliminary and Final Plat for BCCS 5910 Shingle Creek Addition
REQUESTED ACTION
Subdivision of 5910 Shingle Creek Pkwy to facilitate purchase of property by Independent School
District No. 286 and sale of certain undeveloped portions to the City of Brooklyn Center, Brooklyn
Center EDA, or other party for future redevelopment.
Dorsey & Whitney LLP, on behalf of Independent School District No. 286 (“The Applicant”) is requesting
review and consideration for approval of a preliminary and final plat for BCCS 5910 SHINGLE CREEK
ADDITION, which encompasses approximately 8 acres of property located at 5910 Shingle Creek Parkway.
Refer to Exhibit A.
Due to the nature of the requests, a public hearing is required. A public notice was published in the
Brooklyn Center Sun Post on April 28, 2022 and mail notifications were sent to properties within vicinity
of the Subject Property per City Code and State Statute requirements (Exhibit B).
COMPREHENSIVE PLAN AND ZONING STANDARDS
Map 1. Existing Configuration of Subject Property
• Application Filed: 4/12/2022
• Review Period (60-day) Deadline: 6/11/2022
• Extension Declared: N/A
• Extended Review Period Deadline: N/A
App. No. 2022-002
PC 05/12/2022
Page 2
2040 Future Land Use Plan: TOD – Transit Oriented Development
Neighborhood: Centennial
Current Zoning: C2 (Commerce) District, Central Commerce Overlay District
Surrounding Zoning: North: C1A (Service/Office) and C2 (Commerce) Districts
East: C2 (Commerce) District
South: C2 (Commerce) District
West: R7 (Multi Family Residence) District –City-owned
Site Area: 7.98 total acres
BACKGROUND
The Subject Property currently developed with one building, which was approved and built in 1969 (PC
Application No. 69003). Currently, the building has two tenants and is used as office space for mental
health and educational services. The property was last sold in 2013 and Independent School District No.
286 is a current tenant.
In 2014, City Council approved a Special Use Permit to operate a group day care facility and construct an
outdoor playground at the Subject Property (Centaur Beginnings, through Independent School District No.
286). Group day care facilities are permitted by special use in the C2 District. The Applicant’s present uses
of educational services, group day care, and educational offices, is in alignment with permitted uses for
the C2 District and the Central Commerce Overlay District. The Subject Property is guided to be zoned
TOD (Transit Oriented Development) per the City’s 2040 Comprehensive Plan, and the Applicant’s current
and future intended uses for the building as education administration offices, an Area Learning Center
(ALC), and group day care facility, maintain consistency with permitted uses for the proposed future TOD
zoning district.
Presently, the Subject Property is in the process of being purchased by the Applicant, who is a current and
major tenant of the building located on-site. The Applicant proposes to consolidate their district offices
and childcare services into the one building on the Subject Property. This would ultimately include
incorporation of an Early Learning Center, which would provide services for students from birth until
school age. The proposed building’s use would also include a community service center, enrollment
center, wellness center, and elder’s room. As stated previously, the proposed office space, Early Learning
Center, and educational services are consistent with the Subject Property’s current C2 District zoning as
well as the proposed future TOD District zoning.
The Applicant intends to subdivide the Subject Property as a part of the purchase process. In this scenario,
the City of Brooklyn Center would purchase the portion of the property not required for the Applicant’s
needs and future uses. This would result in the Applicant purchasing approximately 2.5 acres of the
Subject Property, and the City of Brooklyn Center purchasing the approximately 5.4 acres remainder,
which is currently underutilized and used as excess parking for the property. The 80 parking spaces to be
maintained on-site for proposed Lot 1 would meet current zoning standards and there are no plans at this
time to expand the building’s footprint.
App. No. 2022-002
PC 05/12/2022
Page 3
The proposed subdivision requires the property to undergo the preliminary and final plat approval process
as stated in Chapter 15 (Platting) of City Code. The subdivision and subsequent re-plat will meet the
Applicant’s needs by accommodating the necessary site needs for the property’s future use and without
the excess, underutilized land.
Image 1. Existing North and East Parking Lot Areas at 5910 Shingle Creek Parkway.
The portion of subdivided property to be acquired by the City of Brooklyn Center meets the needs of the
City by supporting the long-term vision of the City’s Opportunity Site. As the City prepares for the future
development of the City EDA owned property directly south of the Subject Property, (the south-west
corner of the Opportunity Site) the acquisition of this property will provide the City with the necessary
land for future public roadways, public parks, improved utilities, or additional land to be developed.
It should be noted that until such time development and reconstruction of future infrastructure and
potential future developments occurs on the adjacent EDA-owned properties, the Applicant would
continue to utilize the excess existing parking facilities located on the property.
PRELIMINARY AND FINAL PLAT
City Engineer Mike Albers and Principal Engineer Jay Hill conducted a review of the application submittal
and documentation (Exhibit A). Comments regarding this application can be found in the memorandum
to City staff and dated April 27, 2022, attached hereto (Exhibit D).
It is noted within the attached memorandum that the City recommends that Lot 2 be platted as an Outlot
at this time, rather than a lot. Drainage and Utility easements are not required along the side or rear lot
lines of an Outlot, and it is anticipated that that this approximately 5.4-acres would be re-platted in the
near future to address future City goals. An existing trash enclosure located at the north end of the Subject
Property would need to be relocated onto proposed Lot 1 and comply with all City Code requirements
relating to setbacks and screening (refer to Image 2 below):
Image 2. Existing Trash Enclosure on Subject Property (to be relocated).
App. No. 2022-002
PC 05/12/2022
Page 4
The submitted Preliminary Plat, dated April 12, 2022, appears to reflect an encroachment of the building’s
awning and support wall, located on the southwest corner, into the required 10-foot building setback.
City Engineering requests that an additional exhibit be provided reflecting the proposed setbacks.
The Applicant will also need to provide an updated certified abstract of the title or registered property
report to the City Planner and City Attorney for review.
APPROVAL CONDITIONS
City staff recommends the following conditions be attached to any positive recommendation on the
approval of Planning Commission Application No. PC2022-0005 for the Preliminary & Final Plat of certain
property located at 5910 Shingle Creek Parkway (“the Subject Property”) to BCCS 5910 SHINGLE CREEK
ADDITION:
1. Approval of the preliminary and final plat for BCCS 5910 SHINGLE CREEK ADDITION are contingent
upon the addressing of comments by Principal Engineer Hill in his memorandum dated April 27,
2022.
2. Final plat and mylar shall be subject to the provisions of Chapter 15 of the City Code of Ordinances
(Platting).
3. Any final plat comments and/or requirements as provided by Hennepin County.
4. Any final plat comments and/or requirements from the City Attorney’s office, and specifically
regarding an updated certified abstract of title.
5. The successful recording of said plat (mylar) with Hennepin County.
6. All conditions as contemplated under City Council Resolution No. 2014-154 remain en force and
any requests to alter or expand upon approved special uses are to be coordinated with the City
for determination of further City approvals.
RECCOMENDATION
Based on the above-noted findings and conditions, City staff recommends:
The Planning Commission recommends City Council approval of the requested Preliminary & Final Plat for
the BCCS 5910 SHINGLE CREEK ADDITION for the Subject Property located at 5910 Shingle Creek Parkway,
subject to the Applicant complying with the Approval Conditions as noted above.
Attachments
Exhibit A – Planning Commission Application No. 2022-002 and documentation, submitted by Dorsey & Whitney LLP
on behalf of Independent School District No. 286, and dated April 12, 2022.
Exhibit B – Public Hearing Notice, dated April 28, 2022, as published in the Brooklyn Center Sun Post, and updated
Public Hearing Notice published on May 5, 2022, to reflect the change of meeting venue.
Exhibit C – City Council Resolution No. 2014-154 (relating to Planning Commission Application No. 2014-016).
Exhibit D – Memorandum and Exhibits, prepared Principal Engineer Jay Hill, dated April 27, 2022.
5910 Subdivision Narrative Summary
Address: 5910 Shingle Creek Pkwy, Brooklyn Center MN 55430
PID: 0211821210001
Current Owner: MSB Holdings‐Brooklyn Center, LLC
Proposed New Owner: Brooklyn Center Community Schools
5910 Shingle Creek Pkwy is located along Shingle Creek Parkway between John Martin Dr. and
Bass Lake Rd. The property is zoned C2 Commercial, and spans just shy of 8 acres. It is located
within the city’s Opportunity Site, which is guided for additional uses and development.
The single structure on the site, built in 1969, is currently occupied by two tenants and is used as
office space for public‐facing mental health and educational services. It was last sold in 2013.
The lot is being purchased by Brooklyn Center Community Schools (BCCS), to provide necessary
office space for their district headquarters and programming. BCCS is one of the existing on‐site
tenants, and is seeking to consolidate their district offices and childcare service into one
building. The school district is planning to build out an Early Learning Center to create a
continuum of service for students from birth to school age. The building will also house a
community service center, enrollment center, wellness center, and elder’s room. These current
and proposed uses are consistent with the site’s current C2 Commercial zoning, and the
intended future uses of the Opportunity Site.
As part of the sale process, BCCS and the City of Brooklyn Center intend to subdivide the site.
BCCS will purchase the approximately 111,000 sq ft necessary for their site needs, whereas the
City will purchase the remaining land ‐ approximately 237,000 sq ft. This subdivision will better
accommodate the realistic spatial needs of BCCS by reducing their site and ownership footprint.
It will also support the long‐term vision of the City for the Opportunity Site, as it will provide the
City with:
o Necessary land for future public roadways and improved utilities;
o Additional city‐owned developable land;
o Land for future public park land.
Until the reconstruction of adjacent future infrastructure and facilities, BCCS will continue to use
the existing off‐street parking facilities around their site, as they currently do today. Once the
reconstruction is completed – a preliminary concept of which is shown in the attachment
labeled 5910 Preliminary Layout – the site will maintain at least 80 dedicated off‐street parking
spaces within the Lot 1 footprint of the BCCS site.
Exhibit A
CBR=847.51I=S (12INCH PVC)844.76I=I=I=I=I=FF=849.07MH SR=84I=S WI=I=I=I=I=MH STMR=848.70I=E (24INCH RCP)W (24inch RCP)SW (12INCH PVC)843.00843.00I=I=843.15I=I=I=MH STMR=847.90I=SW (21INCH RCP)E (18inch RCP)SE (12INCH PVC)NE (12inch PVC)842.05841.97I=I=842.50I=842.70I=I=CBR=847.13I=NW (12INCH PVC)843.53I=I=I=I=I=CBR=847.91I=W (18INCH RCP)E (18inch RCP)842.91842.71I=I=I=I=I=CBR=847.98I=W (18INCH RCP)N (12inch PVC)E (12INCH PVC)844.13844.03I=I= 844.03I=I=I=MH STMR=848.69I=S (12INCH PVC)W (12INCH CAPPED PVC)844.39844.39I=I=I=I=I=MH STMR=848.14I=N (21INCH RCP)S (21inch RCP)841.52841.52I=I=I=I=I=CBR=847.05I=SW (12INCH PVC)843.45I=I=I=I=I=CBR=847.64I=W (18INCH RCP)E (18inch RCP)842.94842.94I=I=I=I=I=MH STMR=849.32I=E (24INCH RCP)843.62I=I=I=I=I=I=847.02CBR=843.58I=E (24INCH RCP)W (24inch RCP)836.65836.65I=I=I=I=I=CBR=842.93I=N (24INCH RCP)837.73I=I=I=I=I=CBR=842.99I=E (24INCH RCP)W (24inch RCP)S (24INCH RCP)836.69836.69I=I= 836.69I=I=I=CBR=843.72I=W (12INCH RCP)839.42I=I=I=I=I=MH SANR=843.31I=NE ( INCH )S ( inch )827.49827.49I=I=I=I=I=CBR=842.91I=NE (24INCH RCP)E (24inch RCP)836.36836.36I=I=I=I=I=CBR=843.64I=W (60INCH RCP)NE (60inch RCP)SE (24INCH RCP)836.19836.19I=I=836.29I=I=I=FF=849.12CBR=845.48I=W (15INCH RCP)SE (12inch RCP)839.63839.57I=I=I=I=I=FF=849.08FF=849.04FF=848.96FF=849.05FF=849.04CBR=845.60I=NW (12INCH RCP)840.85I=I=I=I=I=FFFFFFFFFFFFFFFFFlll llllllllllllE
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F XXXXXXXXGRAVELGRAVELGRAVELGRAVELBITUMINOUS BITUMINOUS BITUMINOUS BITUMINOUS BITUMINOUS BITUMINOUS BITUMINOUS BITUMINOUS BITUMINOUS CONCRETEBITUMINOUS BITUMINOUS BITUMINOUS BITUMINOUS BITUMINOUS BITUMINOUS BITUMINOUS BITUMINOUS BITUMINOUS BITUMINOUS BITUMINOUS BITUMINOUS BITUMINOUS BITUMINOUS BITUMINOUS BITUMINOUS CONCRETAINING WALL:WOODRETAINING WALL:WOODGATECONCRETECONCRETECONCRETEFENCE:CHAINLINKCONCRETE CONCRETE CONCRETECONCRAILINGRAILINGCONCRETE FENCE:IRONAC UNITSIGNCONCRETECONCRETECONCRETECONCRETECONCRETE CONCRETE CONCRETE CONCRETE CONCRETE CONCRETE BITUMINOUS BITUMINOUS CONCRETE BITUMINOUS BITUMINOUS BITUMINOUS BITUMINOUS CONCRETE BITUMINOUS BITUMINOUS CONCRETEBITUMINOUS BITUMINOUS CONCRETE BITUMINOUS BITUMINOUS BITUMINOUS CONCRETE BITUMINOUS CONCRETE BITUMINOUS BITUMINOUS BITUMINOUS BITUMINOUS BITDRIVEWAY EASEMENT PERDOCUMENT NO. 1501910S 00°12'00" W 294.09 MEAS. (294.88 RLS)N 89°50'11" W 850.97 MEAS.(850.00 RLS)S 47°20'50" E 494.56 MEAS. (494.51 RLS)L=803.40R=1554.55Δ=29°36'39"CH=794.49CB=N37°55'12"ES 37°48'23" W 367.77S 52°22'52" E 286.83N 52°09'37" W 302.96100100UNDERGROUND EASEMENT TONORTHERN STATES POWER CO
MPANY
PER DOCUMENT NO. 979387BLOCK 1LOT 1LOT 2FOUND 1/2INCH IRON PIPEFOUND REBAR MONUMENTFOUND 1INCH IRON PIPEFOUND 1/2INCHIRON PIPEFOUND CAPPED MONUMENTFOUND 1/2INCHIRON PIPEL=291.79L=367.87L=152.48∆=5°37'12"∆=13°33'30"∆=10°45'16"(L=803.00 Δ=29°35'44" RLS)MSB HOLDINGS BROOKLYN CENTER LLCPID: 0211821210001HEALTH PARTNERS REAL ESTATEPID: 0211821210005ECONOMIC DEVELOPMENT AUTHORITY OFBROOKLYN CENTER PID: 0211821240020ECONOMIC DEVELOPMENTAUTHORITY OF BROOKLYN CENTER PID: 02118212100145930 SHINGLE CRK PKWY MN LLC PID: 0211821210002LIN SHUANG LLCPID:0211821210015CITY OF BROOKLYN CENTERPID: 0211821210018CITY OF BROOKLYN CENTERPID: 021182124001717.6'17.6'75.1'75.0'51.2'50.8'61.1'SHINGLE CREEK PARKWAY35.0'35.0'10.0'10.0'40.0'40.0'10.0'10.0'35.0'25.0'25.0'40.0'40.0'25.0'25.0'35.0'10.0'10.0'10.0'10.0'10.0'10.0'EXISTING 2 STORY BUILDING S 68°11'32" E 191.47S 06°35'14" E 165.2410.05.05.010.05.05.0L=98.45∆=3°37'43"163.84PRELIMINARY PLATRSCALE IN FEET050100THIS PLAT PREPARED BY BOLTON & MENK, INC.5105BEING 10 FEET IN WIDTH, ADJOINING STREET LINES ANDREAR LOT LINES AND 5 FEET IN WIDTH ADJOINING BOUNDARYLINES, AS SHOWN ON THE PLAT, UNLESS OTHERWISEINDICATED.DRAINAGE & UTILITY EASEMENTS ARE SHOWN THUS:STREET SIDE10LEGAL DESCRIPTION(Torrens Certificate No. 1362614)Tract A, Registered Land Survey No. 1276, Hennepin County, Minnesota.OWNERMSB Holdings-Brooklyn Center, LLC5910 Shingle Creek ParkwayBrooklyn Center, MN 55430SURVEYOR AND ENGINEERBolton and Menk, Inc.7533 Sunwood Drive NW, Suite 206Ramsey, MN 55303LOT AREAS:TOTAL AREA: ±7.997 acresLOT 1, BLOCK 1: ±2.547 acresLOT 2, BLOCK 1: ±5.450 acresSURVEYORS NOTES1. For the purpose of this plat the south line of Registered Land SurveyNo. 1276 is assumed to bear North 89 degrees 50 minutes 11 secondsWest2. The field survey was completed on March 28th, 2022.3. Distances are in feet.4. Contours are at 1 foot intervals.ZONING:Current zoning classification for subject property is C2- CommerceSETBACKS:Minimum Distance RequirementsWidth- 100 feetFront Setback- 35 feetRear Setback- 40 feetSide Interior Setback- 10 feetCorner Yard Setback- 25 feetLEGENDBENCHBUSHCATCH BASINCATCH BASINFLAG POLEHANDHOLEFIRE HYDRANTMANHOLE-SANITARY SEWERMANHOLE-STORM SEWERLIGHT POLETREE-DECIDUOUSSIGN TRAFFICTRANSFORMER-ELECTRICVALVETREE-CONIFEROUSMETERDOWN SPOUTAIR CONDITIONERBOLLARDMONUMENT FOUNDBENCH MARKCONTROL POINTELECTRIC UNDERGROUNDGAS UNDERGROUNDCOMMUNICATION UNDERGROUNDWATER SYSTEMSTORM SEWERSANITARY SEWERINTERMEDIATE CONTOURINDEX CONTOUR>>>>CCEEGGllEASEMENTADJACENTRIGHT OF WAYCURB & GUTTERFENCE - DECORATIVEUTILITY MARKER-FIBERRETAINING WALLPOSTSURVEYOR'S CERTIFICATIONI hereby certify that this survey, plan, or report was prepared by me orunder my direct supervision and that I am a duly Licensed Land Surveyorunder the laws of the State of Minnesota. ________________Date_____________________________________Andrew HillLicense Number 57632XX/XX/XXXX1/2" IRON PIPE MONUMENT SETMARKED BY LIC. NO. 57632R
DRIVEWAY EASEMENT PER
DOCUMENT NO. 1501910 S 00°12'00" W 294.09 MEAS. (294.88 RLS)N 89°50'11" W 850.97 MEAS.
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BLOCK 1
LOT 1
LOT 2
FOUND 1/2INCH IRON PIPE FOUND REBAR MONUMENT
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FOUND 1/2INCH
IRON PIPE
FOUND CAPPED MONUMENT
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IRON PIPE
L=291.79L=367.87L=152.48∆=5°37'12"∆=13°33'30"∆=10°45'16"(L=803.00 Δ=29°35'44" RLS)SHINGLE CREEK PARKWAYS 68
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H:\ISD286_ED_MN\0R1127036\CAD\C3D\127036_V_PROP_N1 PLAT.dwg 4/12/2022 11:51 AM
THIS PLAT PREPARED BY BOLTON & MENK, INC.
KNOW ALL PERSONS BY THESE PRESENTS: That MSB Holdings-Brooklyn Center, LLC, a Minnesota limited liability company, owner of the following described property:
Tract A, Registered Land Survey No. 1276, Hennepin County, Minnesota.
Has caused the same to be survey and platted as BCCS 5910 SHINGLE CREEK ADDITION and does hereby dedicate to the public for public use the drainage and utility
easements as created by this plat.
In witness whereof said MSB Holdings-Brooklyn Center, LLC, a Minnesota limited liability company has caused these presents to be signed this ____ day of
_______________________, 20____.
By _________________________________, Chief Manager
XXXXXXXXXXXX
STATE OF MINNESOTA
COUNTY OF _______________
This instrument was acknowledged before me this ____ day of _______________________, 20____ by XXXXXXXXX. Chief Manager of MSB Holdings-Brooklyn Center, LLC,
a Minnesota limited liability company.
__________________________________
__________________________________
Notary Public, _______________________ County, Minnesota
My Commission Expires _________________
I Andrew Hill do hereby certify that this plat was prepared by me or under my direct supervision; that I am a duly Licensed Land Surveyor in the State of Minnesota; that
this plat is a correct representation of the boundary survey; that all mathematical data and labels are correctly designated on this plat; that all monuments depicted on
this plat have been, or will be correctly set within one year, that all water boundaries and wet lands, as defined in Minnesota Statutes, Section 505.01, Subd. 3, as of the
date of this certificate are shown and labeled on this plat; and all public ways are shown and labeled on this plat.
Dated this _____ day of ________________, 20____.
___________________________________
Andrew Hill, Licensed Land Surveyor
Minnesota License No. 57632
STATE OF MINNESOTA
COUNTY OF __________________________
This instrument was acknowledged before me this _____ day of ________________, 20____ by Andrew Hill.
___________________________________
___________________________________
Notary Public, _______________________ County, Minnesota
My Commission Expires __________________
CITY COUNCIL, City of Brooklyn Center, State of Minnesota
This plat of BCCS 5910 SHINGLE CREEK ADDITION was approved and accepted by the City
Council of the City of Brooklyn Center, Minnesota at a regular meeting thereof held this
_____ day of ________________, 20____, and said plat is in compliance with the provisions
of Minnesota Statutes, Section 505.03, Subdivision 2.
By _________________________________, Mayor
Mike Elliott
By _________________________________, City Clerk
Barb Suciu
SURVEY DIVISION, Hennepin County, State of Minnesota
Pursuant to MN. STAT. Sec. 383B.565 (1969), this plat has been approved this _____ day of
________________, 20____.
__________________________ by__________________________
Chris F. Mavis, County Surveyor
RESIDENT AND REAL ESTATE SERVICES, Hennepin County, State of Minnesota
I hereby certify that the taxes payable in 20____ and prior years have been paid for land
described on this Plat, dated this this _____ day of ________________, 20____.
__________________________ by_________________________ Deputy
Mark V. Chapin, County Auditor
REGISTRAR OF TITLES, Hennepin County, State of Minnesota
I hereby certify that this plat of BCCS 5910 SHINGLE CREEK ADDITION was filed in this office
this _____ day of ________________, 20____, at ___ o'clock ___.M.
______________________________ by_________________________ Deputy
Martin McCormick, Registrar of Titles
5
105
BEING 10 FEET IN WIDTH, ADJOINING STREET LINES AND
REAR LOT LINES AND 5 FEET IN WIDTH ADJOINING BOUNDARY
LINES, AS SHOWN ON THE PLAT, UNLESS OTHERWISE
INDICATED.
DRAINAGE & UTILITY EASEMENTS ARE SHOWN THUS:
STREET SIDE10LEGEND
1/2" IRON PIPE MONUMENT SET
MARKED BY LIC. NO. 57632
MONUMENT FOUND
R.T. DOC. NO. ____________________________
For the purpose of this plat the south line
of Registered Land Survey No. 1276 is
assumed to bear North 89 degrees 50
minutes 11 seconds West
DISTANCE PER REGISTERED LAND SURVEY NO. 1276RLS
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BLOCK 1
LOT 1
LOT 2
FOUND 1/2INCH IRON PIPE FOUND REBAR MONUMENT
FOUND 1INCH IRON PIPE
FOUND 1/2INCH
IRON PIPE
FOUND CAPPED MONUMENT
FOUND 1/2INCH
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L=291.79L=367.87L=152.48∆=5°37'12"∆=13°33'30"∆=10°45'16"(L=803.00 Δ=29°35'44" RLS)MSB HOLDINGS BROOKLYN CENTER LLC
PID: 0211821210001 HEALTH PARTNERS REAL ESTATEPID: 0211821210005ECONOMIC DEVELOPMENT AUTHORITY OF
BROOKLYN CENTER
PID: 0211821240020
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CITY OF BROOKLYN CENTERPID: 0211821210018CITY OF BROOKLYN CENTERPID: 02118212400178508468478
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1SHINGLE CREEK PARKWAY35.0'
35.0'
10.0'
10.0'
40.0'
40.0'
10.0'
10.0'
35.0'
25.0'
25.0'
40.0'
40.0'
25.0'25.0'
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5.0L=98.45∆=3°37'43"163.84PRELIMINARY PLAT
BCCS 5910 SHINGLE CREEK ADDITION
R SCALE IN FEET
0 50 100
THIS PLAT PREPARED BY BOLTON & MENK, INC.
5
105
BEING 10 FEET IN WIDTH, ADJOINING STREET LINES AND
REAR LOT LINES AND 5 FEET IN WIDTH ADJOINING BOUNDARY
LINES, AS SHOWN ON THE PLAT, UNLESS OTHERWISE
INDICATED.
DRAINAGE & UTILITY EASEMENTS ARE SHOWN THUS:
STREET SIDE10LEGAL DESCRIPTION
(Torrens Certificate No. 1362614)
Tract A, Registered Land Survey No. 1276, Hennepin County, Minnesota.
OWNER
MSB Holdings-Brooklyn Center, LLC
5910 Shingle Creek Parkway
Brooklyn Center, MN 55430
SURVEYOR AND ENGINEER
Bolton and Menk, Inc.
7533 Sunwood Drive NW, Suite 206
Ramsey, MN 55303
LOT AREAS:
TOTAL AREA: ±7.997 acres
LOT 1, BLOCK 1: ±2.547 acres
LOT 2, BLOCK 1: ±5.450 acres
SURVEYORS NOTES
1. For the purpose of this plat the south line of Registered Land Survey
No. 1276 is assumed to bear North 89 degrees 50 minutes 11 seconds
West
2. The field survey was completed on March 28th, 2022.
3.Distances are in feet.
4. Contours are at 1 foot intervals.
ZONING:
Current zoning classification for subject property is C2- Commerce
SETBACKS:
Minimum Distance Requirements
Width- 100 feet
Front Setback- 35 feet
Rear Setback- 40 feet
Side Interior Setback- 10 feet
Corner Yard Setback- 25 feet
LEGEND
BENCH
BUSH
CATCH BASIN
CATCH BASIN
FLAG POLE HANDHOLE
FIRE HYDRANT
MANHOLE-SANITARY SEWER
MANHOLE-STORM SEWER
LIGHT POLE
TREE-DECIDUOUS
SIGN TRAFFIC
TRANSFORMER-ELECTRIC
VALVE
TREE-CONIFEROUS
S
D
METER
DOWN SPOUT
AIR CONDITIONERAC P
BOLLARDB
MONUMENT FOUND
BENCH MARK
CONTROL POINT
ELECTRIC UNDERGROUND
GAS UNDERGROUND
COMMUNICATION UNDERGROUND
WATER SYSTEM
STORM SEWER
SANITARY SEWER
INTERMEDIATE CONTOUR
INDEX CONTOUR
>>
>>
C C
E E
G G
l l
EASEMENT
ADJACENT
RIGHT OF WAY
CURB & GUTTER
FENCE - DECORATIVE
F UTILITY MARKER-FIBER
RETAINING WALL
H
M
POST
SURVEYOR'S CERTIFICATION
I hereby certify that this survey, plan, or report was prepared by me or
under my direct supervision and that I am a duly Licensed Land Surveyor
under the laws of the State of Minnesota.
________________
Date
_____________________________________
Andrew Hill
License Number 57632
XX/XX/XXXX
1/2" IRON PIPE MONUMENT SET
MARKED BY LIC. NO. 57632
R
Exhibit B
Member Lin Myszkowski introduced the following resolution and
moved its adoption:
RESOLUTION NO. 2014-154
RESOLUTION REGARDING THE DISPOSITION OF PLANNING
COMMISSION APPLICATION NO. 2014-016 SUBMITTED BY BROOKLYN
CENTER SCHOOLS - ISD #286 FOR A SPECIAL USE PERMIT TO OPERATE
A GROUP DAY CARE FACILITY IN THE C2 (COMMERCE) DISTRICT,
LOCATED AT 5910 SHINGLE CREEK PARKWAY
WHEREAS, Planning Commission Application No. 2014-016 submitted by
Brooklyn Center Schools-ISD #286 ("Applicant") proposes a special use permit allowing a Group
Day Care Facility, within the Minnesota School of Business building site, located at 5910 Shingle
Creek Parkway ("Subject Property"); and
WHEREAS, the Subject Property is situated in the C2 (Commerce) District and
pursuant to City Code Section 35-322; Subd. 3.q, Group Day Care Facilities are only allowed by
means of special use permit in the C2 Districts, and the Applicant has submitted such application to
the City of Brooklyn Center for official consideration under Planning Application No. 2014-016;and
WHEREAS, on November 13, 2014, the Planning Commission held a duly
noticed and called public hearing, whereby a planning staff report was presented and public
testimony regarding the special use permit were received; and
WHEREAS, the Planning Commission considered the Special Use Permit request
in light of all testimony received, the guidelines and standards for evaluating this special use permit
contained in Section 35-220 of the City's Zoning Ordinance, and the request complies with the
general goals and objectives of the City's 2030 Comprehensive Plan; and
WHEREAS, the Planning Commission determined that Planning Application No.
2014-016 may be approved based upon the standards used to determine and approve a special use
permit appear to have been met,which are noted as follows:
a) The establishment, maintenance, or operation of the special use will
promote and enhance the general public welfare and will not be detrimental
to or endanger the public health, safety,morals; or comfort.
b) The special use will not be injurious to the use and enjoyment of other
property in the immediate vicinity for the purposes already permitted, nor
substantially diminish and impair property values within the neighborhood.
C) The establishment of the special use will not impede the normal and
orderly development and improvement of surrounding property for uses
permitted in the district.
Exhibit C
RESOLUTION NO. 2014-154
d) Adequate measures have been or will be taken to provide ingress, egress
and parking so designed as to minimize traffic congestion in the public
streets.
e) The special use shall, in all other respects, conform to the applicable
regulations of the district in which it is located.
AND WHEREAS, the Planning Commission adopted Planning Commission
Resolution No. 2014-17, which provides a favorable and unanimous recommendation to the City
Council that Planning Application No. 2014-016, a special use permit allowing a Group Day Care
Facility at 5910 Shingle Creek Parkway, as submitted by Brooklyn Center Schools - ISD No. 286
may be approved with certain conditions.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of
Brooklyn Center, Minnesota, that the Special Use Permit allowing a Group Day Care Facility
within the Minnesota School of Business site, located at 5910 Shingle Creek Parkway, is hereby
approved subject to the following conditions:
1) The Special Use Permit is granted to Brooklyn Center Schools - ISD No.
286 only, to be used for a group daycare or childcare facility to provide on-
site child care of no more than 40 children, which is subject to the granting
of a license by the Minnesota Department of Human Services. Brooklyn
Center Schools shall submit a copy or proof of this licensing to the City.
2) Any expansion or alteration of the proposed group day care use beyond that
contained in this submittal and approved under the proposed city council
resolution, including any increase to the number of children to be cared for
under this permit and Minn. DHS license shall require an amendment to the
Special Use Permit.
3) The Special Use Permit that allows this group day care facility, along with
the associated (but permitted) alternative learning center use, are subject to
all applicable building codes, ordinances and regulations. Any violation
thereof may be grounds for revocation of this special use permit.
4) The playground must be enclosed with a minimum 5-foot high fenced
enclosure with appropriate child-safe locked gates as necessary.
5) No outdoor music or loud speakers will be allowed in and around the
outdoor playground area; the playground shall be monitored by the
required number of adult leaders under the State DHS license; and the
RESOLUTION NO. 2014-154
playground must be well maintained and secured during off hours of
operations.
6) Brooklyn Center Schools and/or operators of the group day care will ensure
that children being dropped off or utilizing the childcare facility shall
always be escorted by a parent or adult when entering or exiting the
facility.
7) Approval of the special use permit does not authorize additional signage
other than that allowed for under City Code Chapter 34 - SIGNS. No
banners or temporary signs will be allowed.
November 24 2014
Date Mayor
ATTEST:
Ufty Clerk
The motion for the adoption of the foregoing resolution was duly seconded by member
Carol Kleven
and upon vote being taken thereon, the following voted in favor thereof:
Tim Willson, Carol Kleven, Kris Lawrence-Anderson, Lin Myszkowski, and Dan Ryan;
and the following voted against the same: none;
whereupon said resolution was declared duly passed and adopted.
M E M O R A N D U M
DATE: April 27, 2022
TO: Ginny McIntosh, City Planner/Zoning Administrator
FROM: Jay Hill, Principal Engineer
SUBJECT: Preliminary & Final Plat – 5910 Shingle Creek Parkway
Public Works staff reviewed the following documents submitted for review for the proposed 5910
Shingle Creek Parkway (Planning Commission Application No. 2022-002):
Preliminary Plat & Final Plat dated 04/12/2022
General
1. Concept site plan to be submitted for staff review for adherence with current Opportunity Site
Master Plan. Recommend reviewing/adjusting proposed lot lines to prevent future unbuildable
lot remnants. Plats do not appear to be consistent with most current roadway layout plan 4A
dated January 2022.
2. Final plat subject to review and approval by the Hennepin County Surveyor.
3. City shall be provided a copy of recorded final plat.
4.All monumentation shall be set in accordance with State Statutes.
Miscellaneous Items
5.City to be provided copies of all required separate cross access/parking easements.
6. Trash enclosure/Trash receptacles for the existing building to relocated onto Lot 1.
7. Existing northerly driveway to Shingle Creek Parkway shall be removed and relocated to new
overall development roads once they are constructed.
8. Ongoing operation and future removal of existing parking lot light in proposed Lot 2 to be
coordinated.
Preliminary Plat
9.Existing building awning and support wall on the SW corner of the building encroach into the
required 10’ building setback. Overhang & support wall to be shown more clearly on preliminary
plat.
10.Posts and light pole along the northerly boundary line appear to be encroachments onto the
property. Items shall be removed or a separate encroachment easement provided.
11. Provide Floor Area Ratio (FAR) for proposed Lot 1.
12.Recommend that Lot 2 is platted as an Outlot instead of a Lot. Drainage & Utility easements not
required along side or rear lot lines if platted as an Outlot.
Final Plat
13.Drainage & Utility easement for the existing storm sewer shall be labeled.
14.All distances to found monumentation along the northerly and easterly boundary lines shall be
labeled.
15.Drainage & Utility easement along the southwesterly line of Lot 1 shall be 10’ wide in anticipation
Exhibit D
PC Review Memo, April 27, 2022
for future road right of way. Existing improvements such as the AC unit an flag pole that encroach
into this easement shall be relocated.
16.Existing street name shall be stippled.
17.All existing and vacated easements per the Title Commitment to be shown and labeled.
18.Recommend that all easements to be vacated are vacated & recorded prior to recording the final
plat.
The aforementioned comments are provided based on the information submitted by the applicant at the
time of this review. Other guarantees and site development conditions may be further prescribed
throughout the project as warranted and determined by the City. Future site revisions and development
will require a separate site plan submittal and approval.
Brooklyn Center Zoning Code
Joint Commission Final Review
May 12, 2022
Brooklyn Center, MN
Joint Work Session - Attachment
2
Agenda
•Review of Efforts to Date
•Key Updates Review
•Questions
•Next Steps
CODE LAYOUT & WORK TO-DATE
4
WHY UPDATE THE CODE NOW ?
•Align the code with the city’s 2040 Comprehensive Plan
(the long -range plan for the city )
•Bring the city zoning code into compliance with state law
•Reorganize the code so it is clearer and easier to use
•Modernize regulations to ensure they meet community
needs
•Provide a code centered on equity….
GOAL
•Create a strong, enhanced Code for formal city adoption,
with the understanding it is to be a living, breathing
document to be revised over time.
OVERVIEW
5NEW LAND USES
Current Districts New Districts
6OUTREACH TO DATE
Infosheets Online ResourcesSurveys
Open Houses
Recorded Webinars
Full Draft Sections
Taskforce
Interactive Map
KEY UPDATES REVIEW
8
UDO Sections
•Section 1: General Provisions
•Section 2: Zoning Districts
•Section 3: Overlay Districts
•Section 4: Use regulations
•Section 5: Development Standards & Incentives
•Section 6: Signs
•Section 7: Zoning & Subdivision Procedures
•Section 8: Specific Provisions
•Section 9: Definitions
FINAL ZONING CODE REVIEW
9FINAL ZONING CODE REVIEW
Review Comment
Revisit height limits for mixed used neighborhood (MX -N) districts,
consider allowing for >48ft (4 stories).
Code Update
•MX-N districts are intended as smaller scale, neighborhood-
oriented centers.
•MX-N height & density standards are equivalent to the densest
residential districts, with small commercial spaces.
Review Comment
Incentivize green space and amenities that are key assets to the
community.
Code Update
•Public parks are rezoned as Open Space to formally protect them.
•TOD districts require public realm improvements, and incentivizes
surface parking reductions
•City-wide incentives program will be assessed and incorporated
later
10FINAL ZONING CODE REVIEW
Review Comment
Incorporate ways to incentivize public art, possibly as an alternative
to landscaping
Code Update
•Within the TOD district, landscaping, streetscaping, and/or public
art is required.
•Exterior lighting is required to highlight art or special landscape
features in any development.
Review Comment
Home businesses should be allowed in residential districts.
Code Update
•The new code reduces barriers to having home businesses by
broadening the definitions for a home-based business, and
focusing on site impacts (i.e. traffic) rather than use types, to
maintain residential neighborhoods, with some provisions
11FINAL ZONING CODE REVIEW
Review Comment
Need to clarify city’s requirements and procedures for public
hearings
Code Update
•The code will affirm and align with state legal standards, while the
city will pursue the creation of an internal notice and hearing
policy to provide further guidance.
•This approach gives the city the greatest amount of flexibility, and
will be easiest to revise in the future.
Review Comment
Noticing procedures and requirements need to be updated. They
Should go beyond just the Sun Post –need wider and more equitable
noticing.
Code Update
•An internal policy is being developed that will guide city noticing
procedures, including processes and standards.
•In May, we will be providing a draft policy to the Planning
Commission to review & amend.
12FINAL ZONING CODE REVIEW
Review Comment
Ensure flexibility in parking requirements, to accommodate future
transportation changes.
Code Update
•The code removes minimums for most districts, and is
considering requiring a parking study for certain developments to
“right size” parking.
•Case -by-case parking studies could provide flexibility, while
ensuring parking guidance is adhered to.
•The TOD district incentivizes off-street parking reductions.
Review Comment
It is not preferred that adjacent on -street parking be considered as
part of a development's parking calculation.
Code Update
•The Code does not allow for on -street parking to be included in
parking calculations by-right.
•It does provide the zoning administrator flexibility to consider it on
a case-by-case basis.
13FINAL ZONING CODE REVIEW
Review Comment
Promote the creation of affordable commercial spaces, and mixed -use
neighborhood destinations.
Code Update
•Neighborhood Mixed Use (MX -N) allows for and regulates
neighborhood commercial nodes, with smaller commercial spaces.
•The code incentivizes parking reductions in some districts, which can
reduce the total project cost and commercial lease rates.
Review Comment
Clarify and modernize the landscape requirement system and city
approval process
Code Update
•The new code creates clearer guidelines of landscape requirements,
based on either project cost or Landscape Planting Area.
•It also details expectations of diverse plant types, while empowering
the zoning administrator with flexibility in approvals
Landscape
Planting Area
QUESTIONS?
NEXT STEPS
16BECOMINGBROOKLYNCENTER.COM
17NEXT STEPS
COMPLETED
Sept 30
Joint Session Planning and Housing
Commissions
Oct 26:
Commission Review Session #1
o Public Video #1
Nov 30th:
Commission Review Session #2
o Public Video #2
Dec 14th:
Commission Review Session #3
o Public Video #3
UPCOMING
JULY
Formal Introduction for Planning Commission
Consideration
o Public Hearing
AUG
City Council Consideration
o Public Hearing
NOW
Compile & Review
Recommendations
Prioritize updates
DNR Review (now)
MRCCA, Shoreland
May
Council Work Session
Final Community Meeting
Tentative
Final Materials Preparation