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HomeMy WebLinkAbout2022-06-09 PCPPLANNING COMMISSION CITY OF BROOKLYN CENTER REGULAR MEETING JUNE 9, 2022 Optional public access to the Webex meeting is below: Online: logis.webex.com | Phone: (312) 535-8110 Meeting Number (Access Code): 2456 141 4088 Passcode: s6zXJ4xxZR9 1. Call to Order – 7 p.m. 2. Roll Call 3. Approval of Agenda a. Motion to Approve Planning Commission Meeting Agenda for June 9, 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) Note: Originally noticed for May 12, 2022 Meeting 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 PC Minutes 1-13–22 -1- DRAFT 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 PC Minutes 1-13–22 -2- DRAFT 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. PC Minutes 1-13–22 -3- DRAFT 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 PC Minutes 1-13–22 -4- DRAFT 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. PC Minutes 1-13–22 -5- DRAFT 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. PC Minutes 1-13–22 -6- DRAFT 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 PC Minutes 1-13–22 -7- DRAFT 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 PC Minutes 1-13–22 -8- DRAFT 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. PC Minutes 1-13–22 -9- DRAFT 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. PC Minutes 1-13–22 -10- DRAFT 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. PC Minutes 1-13–22 -11- DRAFT 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. PC Minutes 1-13–22 -12- DRAFT The meeting adjourned at 8:31 p.m. _______________________________ __________________________________ Ginny McIntosh, Secretary Alexander Koenig, Chair App. No. 2022-002 PC 06/09/2022 Page 1 Planning Commission Report Meeting Date: June 9, 2022 Revised from 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 Parkway to facilitate purchase of property by Independent School District No. 286 and sale of certain undeveloped and underutilized portions to the City of Brooklyn Center, Brooklyn Center Economic Development Authority, 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 hearing notice was originally published in the Brooklyn Center Sun Post on April 28, 2022, and subsequently re-noticed due to a shift back to in-person meetings. Mail notifications were sent to properties within vicinity of the Subject Property per City Code and State Statute requirements. Due to failure to meet quorum, the May meeting was cancelled and the public hearing was re-noticed for the June 9, 2022 Planning Commission meeting in the Brooklyn Center Sun Post on May 26, 2022 and mail notifications sent. Additionally, the 60-day review period for land use applications has been extended, with the applicant being notified on June 1, 2022. (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: 6/1/2022 • Extended Review Period Deadline: 8/10/2022 App. No. 2022-002 PC 06/09/2022 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 acre 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. 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 App. No. 2022-002 PC 06/09/2022 Page 3 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 located directly south of the Subject Property, (the south- west corner of the Opportunity Site) 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 the approximately 5.4-acres would be re-platted in the near future to address 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 06/09/2022 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. PC2022-002, which requests approval of the preliminary and 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 and 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. Public Hearing Notice, dated May 26, 2022, as published in the Brooklyn Center Sun Post, and 60-day review extension letter. 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 E E>>>>>>>>>>>>>>>>>>>>> > >> >>>>>>>>>>>>>>>>>>>>>>>>>>> > > > > > > > > > > > > > > > >>>>G- D G- D G- D G- D G- D G- D G- D G-D G-D G-D G-D G-D G-D G-D G-D G-D G-D C- D C- D C- D C- D C-D C-D C-D C-D C-D C-D C-D C-D >>F-DF-DF-DF-DF-DF-DF-DF-DF-DF-DF-DF-DF-DF-DF-DF-DF-DF-DF-DF-DF-DF-DF-DF-DF-DF-DF-DF-DF-DF-DF-DF-DF-DF-DF-DF-DF-DF-DF-DF-DF-DF-DF-DF-DF-DF-DF-DF-DF-DF-DF-DF-DF-DF-DF-D F-D F-D F-D F-D F-D F-D F-D F-D F-D F-D F-D F-D F-D F-D F-DF-DF-DF-DF-DF-DF-DF-DF-DF-DF-DF-DF-DF-DF-DF-DF-DF-DF-DF-DF-DF-DF-DF-DF-DF-DF-DF-DF-DF-DF-DE-DE-DE-DE-DE-DE-DE-DE-DE-DE-DE-DE-DE-DE-DE-DE-DE-DE-DE-DE-DE-DE-DE-DE-DE-DE-DE-DE-DE-DE- D E- D E- D E- D E- D E- D E-D E-D E-D E-D E-D E-D E-D E-DE-DE-DE-DE-DE-DE-DE-DE-DE-DE-DE-DE-DE-DE-DE-DE-DE-DE-DE-Dlllllllllllllllllllllllllllllllllllllllllllll>>>>>>>>>>>>>>>>>>>>>>>>F F F F F FF F 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 PLATRSCALE 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. (850.00 RLS) S 4 7 ° 2 0 ' 5 0 " E 4 9 4 . 5 6 M E A S . ( 4 9 4 . 5 1 R L S )L=803.40R=1554.55Δ=29°36'39"CH=794.49CB=N37°55'12"ES 37°48'23" W 367.77S 5 2 ° 2 2 ' 5 2 " E 2 8 6 . 8 3 N 5 2 ° 0 9 ' 3 7 " W 3 0 2 . 9 6 1 0 0 100 U N D E R G R O U N D E A S E M E N T T O N O R T H E R N S T A T E S P O W E R C O M P A N Y PE R D O C U M E N T N O . 9 7 9 3 8 7 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 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 ° 1 1 ' 3 2 " E 1 9 1 . 4 7 S 06°35'14" E 165.2410.0 5.0 5.0 10.0 5.0 5.0L=98.45∆=3°37'43"163.84BCCS 5910 SHINGLE CREEK ADDITION R SCALE IN FEET 0 50 100 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 R S C HHFF C H C HF H C FH E S SVCO COSME B CEC B B B CB R=847.51 I=S (12INCH PVC)844.76I=I=I=I=I= AC B B B FF=849.07D MH STM R=848.70 I=S (24INCH RCP) W (24INCH RCP)I=I=I=I=I= D MH STM R=848.70 I=E (24INCH RCP) W (24inch RCP) SW (12INCH PVC) 843.00 843.00 I= I=843.15I=I=I= D MH STM R=847.90 I=SW (21INCH RCP) E (18inch RCP) SE (12INCH PVC) NE (12inch PVC) 842.05 841.97 I= I=842.50 I=842.70I=I= CB R=847.13 I=NW (12INCH PVC)843.53I=I=I=I=I= CB R=847.91 I=W (18INCH RCP) E (18inch RCP)842.91 842.71 I=I=I=I=I= CB R=847.98 I=W (18INCH RCP) N (12inch PVC) E (12INCH PVC) 844.13 844.03 I= I=844.03I=I=I= D MH STM R=848.69 I=S (12INCH PVC) W (12INCH CAPPED PVC)844.39 844.39 I=I=I=I=I= D MH STM R=848.14 I=N (21INCH RCP) S (21inch RCP)841.52 841.52 I=I=I=I=I= CB R=847.05 I=SW (12INCH PVC)843.45I=I=I=I=I= CB R=847.64 I=W (18INCH RCP) E (18inch RCP)842.94 842.94 I=I=I=I=I= D MH STM R=849.32 I=E (24INCH RCP)843.62I=I=I=I=I= P I=847.02 CB R=843.58 I=E (24INCH RCP) W (24inch RCP)836.65 836.65 I=I=I=I=I= CB R=842.93 I=N (24INCH RCP)837.73I=I=I=I=I= CB R=842.99 I=E (24INCH RCP) W (24inch RCP) S (24INCH RCP) 836.69 836.69 I= I=836.69I=I=I= CB R=843.72 I=W (12INCH RCP)839.42I=I=I=I=I= SMH SAN R=843.31 I=NE ( INCH ) S ( inch )827.49 827.49 I=I=I=I=I= CB R=842.91 I=NE (24INCH RCP) E (24inch RCP)836.36 836.36 I=I=I=I=I= CB R=843.64 I=W (60INCH RCP) NE (60inch RCP) SE (24INCH RCP) 836.19 836.19 I= I=836.29I=I=I= H C FF=849.12MG CB R=845.48 I=W (15INCH RCP) SE (12inch RCP)839.63 839.57 I=I=I=I=I= P B B P P P P P P P FF = 8 4 9 . 0 8 FF= 8 4 9 . 0 4 FF = 8 4 8 . 9 6 FF = 8 4 9 . 0 5 FF = 8 4 9 . 0 4 PP CB R=845.60 I=NW (12INCH RCP)840.85I=I=I=I=I=FFFFFFFFFFFFFFFFFlllllllllllllllEEE>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>> >>>>>>>>>>>>>>>>>>>>>>>>>>>>>> >>G-DG-DG-DG-DG-DG-DG-DG-DG-DG-DG-DG-DG-DG-DG-DG-DG-DC-DC-DC-DC-DC-DC-DC-DC-DC-DC-DC-DC-D>> F-D F-DF-DF-D F-DF-DF-D F-DF-DF-D F-DF-DF-DF-DF-DF-DF-DF-DF-DF-DF-DF-DF-DF-DF-DF-DF-DF-DF-DF-DF-DF-DF-DF-DF-DF-DF-DF-DF-DF-DF-DF-DF-DF-DF-DF-DF-DF-DF-DF-DF-DF-DF- D F- DF-DF-DF-DF-DF-DF-DF-DF-DF-DF-DF-DF-DF-DF-DF-DF-DF-DF-DF-DF-DF-DF-DF-DF-DF-DF-DF-DF-DF-DF-DF-DF-DF-DF-DF-DF-DF-DF-DF-DF-DF-DF-DF-DF-DF-DF-DE-DE-DE-DE-DE-DE-DE-DE-DE-DE-D E-DE-DE-DE-DE-DE-DE-DE-DE-DE-DE-DE-DE-DE-DE-DE-DE- D E- D E- D E-DE-DE-DE-DE-DE-DE-DE-DE-DE-DE-DE-DE-DE-D E-D E-D E-DE-DE-DE-DE-DE-DE-DE-DE-DE-DE-DE-DE-DE-DE-DE-DE-Dlllllllllllllllllllllll l l l l l l l l l l l llll l l l llll>>>>>>>>>>>>>>>>>>>>>>>>FFFFFFFFFXXX XXXXXGRAVEL GRAVEL GRAVEL GRAVEL BITUMINOUS BITUMINOUS BITUMINOUS BITUMINOUS BITUMINOUS BITUMINOUS BITUMINOUS BITUMINOUS BITUMINOUS BITUMINOUS CONCRETE BITUMINOUS BITUMINOUS BI T U M I N O U S BI T U M I N O U S BI T U M I N O U S BITUMINOUS BITUMINOUS BITUMINOUS BI T U M I N O U S BITUMINOUS BI T U M I N O U S BI T U M I N O U S BITUMINOUS BITUMINOUS BITUMINOUS BI T UM I N O U S CONC RETAINING WALL: WOOD RETAINING WALL: WOOD GATE CONCRETE CONCRETE CONCRETE FENCE: CHAINLINKCONCRETE CONCRETE CONCRETECONCRAILING RAILING C O N C R E T E FENCE:IRON AC UNIT SIGN CONCRETE CONCRETE CONCRETE CONCRETE C O N C R E T E CONCRETE CONCRETE CONCRETE CONCRETE CONCRETE BITUMI N O US BITUMI N O US CONCRETE BITUMINOUS BITUMINOUS BITUMINOUS BITUMINOUS CONCRETE BITUMINOUS BITUMINOUS CONCRETEBITUMINOUS BITUMINOUS CONCRETE BITUMINOUS BITUMINOUS BITUMINOUS CONCRETE BITUMINOUS CONCRETE BITUMINOUS BITUMINOUS BITUMINOUS BITUMINOUS BITDRIVEWAY EASEMENT PER DOCUMENT NO. 1501910 S 00°12'00" W 294.09 MEAS. (294.88 RLS)N 89°50'11" W 850.97 MEAS. (850.00 RLS) S 4 7 ° 2 0 ' 5 0 " E 4 9 4 . 5 6 M E A S . ( 4 9 4 . 5 1 R L S )L=803.40R=1554.55Δ=29°36'39"CH=794.49CB=N37°55'12"ES 37°48'23" W 367.77S 5 2 ° 2 2 ' 5 2 " E 2 8 6 . 8 3 N 5 2 ° 0 9 ' 3 7 " W 3 0 2 . 9 6 1 0 0 100 U N D E R G R O U N D E A S E M E N T T O N O R T H E R N S T A T E S P O W E R C O M P A N Y PE R D O C U M E N T N O . 9 7 9 3 8 7 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 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)MSB HOLDINGS BROOKLYN CENTER LLC PID: 0211821210001 HEALTH PARTNERS REAL ESTATEPID: 0211821210005ECONOMIC DEVELOPMENT AUTHORITY OF BROOKLYN CENTER PID: 0211821240020 E C O N OM I C D E V E L O PM E N T A U T H O R I T Y O F B R O O K L Y N C E N T E R P I D : 0 2 1 1 8 2 1 2 1 0 0 1 4 5 9 3 0 S H I N G L E C R K P KW Y M N L L C P I D : 0 2 1 1 8 2 1 2 1 0 0 0 2 LIN SHU A N G L L C PID:0211 8 2 1 2 1 0 0 1 5 CITY OF BROOKLYN CENTERPID: 0211821210018CITY OF BROOKLYN CENTERPID: 02118212400178508468478 4 8 849850851852845846847 8 5 3 8 5 0 848 849 84 8 849 84 8 84 9 850 847 848849848849847 848847 848 846 850847848845846846845845844844851 849847 844 844844 17.6' 17.6' 75.1' 75.0' 51.2' 50.8' 61.1' 850 85 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' 35.0' 10.0' 10.0' 10.0' 10.0' 10.0' 10.0' EXISTING 2 STORY BUILDING S 68 ° 1 1 ' 3 2 " E 1 9 1 . 4 7 S 06°35'14" E 165.2410.0 5.0 5.0 10.0 5.0 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 June 1, 2022 Dorsey & Whitney LLP on behalf of ISD No. 286 Attn: Alex Sellke 50 South Sixth Street #1500 Minneapolis, MN 55402 RE: City of Brooklyn Center, MN Planning Commission Application No. 2022-002 Requests for Preliminary and Final Plat of the BCCS 5910 SHINGLE CREEK ADDITION Mr. Sellke, Pursuant to Minnesota Statutes Section 15.99, the City of Brooklyn Center is required to approve or deny a written request for certain land use actions within sixty (60) days from receipt of an application. Community Development Department records indicate the City received the above- referenced application and documentation on April 12, 2022, which means the City’s 60-day time limit would expire on June 11, 2022. By allowances granted under Minnesota Statutes Section 15.99, Subd. 3(f), the City of Brooklyn Center is hereby providing official notice that the review period has been extended an additional sixty (60) days to allow the time necessary for City staff to prepare a resolution, including proposed conditions of approval, for review and action by City Council. The new deadline for completing the review and final action on this application is now August 10, 2022. The public hearing was re-noticed and published in the Brooklyn Center Sun Post edition for May 26, 2022, and in advance of the June 9, 2022 Planning Commission meeting. If you have any questions or concerns, please feel free to call me at (763) 569-3316 or email oboerschinger@ci.brooklyn-center.mn.us. Sincerely, Olivia Boerschinger Associate Planner 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.