HomeMy WebLinkAbout2019 01-17 PCP PLANNING COMMISSION AGENDA
CITY OF BROOKLYN CENTER
January 17, 2019
1. Call to Order: 7:00 PM
2. Roll Call of the Year 2018 Planning Commission
3. Approval of Agenda
Motion to Approve Planning Commission Meeting Agenda for January 17, 2019
4. Approval of Minutes
Motion to Approve the November 15, 2018, Meeting Minutes
5. Official Adjournment of the 2018 Planning Commission
Motion to Officially Adjourn the 2018 Planning Commission
6. Administer Oath of Office (to re-appointed commissioners)
Randall Christensen, Jack MacMillan, Stephen Schonning, and Susan Tade
7. Roll Call of the 2019 Planning Commission
8. Election of Planning Commission Chairperson for Year 2019
- Motion/Second to Nominate a Commissioner(s) to serve as Chairperson;
- Motion/Second to close all nominations;
- Conduct election; and
- Motion/Second to Accept the Results and Election of Chair for Year 2019
9. Appointment of 2019 Vice-Chair by Chairperson
10. 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.
11. Planning Items
a. Planning Commission Application No. 2019-001 (Public Hearing)
Applicant: Max L. Stanislowlski (Loucks, Inc.)
Project Address: 6420 Camden Avenue North
Summary: The Applicant is requesting a re-plat of TopGolf Addition to
incorporate a parcel to the south. Additional requests as part
of the re-plat include the dedication of right-of-way.
PLANNING COMMISSION AGENDA
CITY OF BROOKLYN CENTER
January 17, 2019
b. Planning Commission Application No. 2019-002 (Public Hearing)
Applicant: Jane Sharkey (Helena Autism Therapy Center)
Project Address: 2800 Freeway Boulevard
Summary: The Applicant is requesting approval of a Special Use Permit
to allow for the establishment of an autism therapy center and
ancillary outdoor playground within an existing two-story
building.
c. Planning Commission Application No. 2019-003 (Public Hearing)
Applicant: Michael Harrer (CBRE)
Project Address: 6601 Shingle Creek Parkway and parcels associated with
the underlying PUD
Summary: The Applicant is requesting an amendment to the existing
1995 Planned Unit Development (PUD) plans and documents
that would allow for greater flexibility relating to percentages
of use within the buildings located in the aforementioned
PUD as related to the parking allocation amongst a shared
parking agreement.
12. Discussion Items
a) 2019 Planning Commission Schedule
13. Other Business
None
14. Adjournment
PC Minutes
11-15-18 -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
NOVEMBER 15, 2018
1. CALL TO ORDER
The Planning Commission meeting was called to order by Acting Chair MacMillan at 7:03 p.m.
2. ROLL CALL
Acting Chair Jack MacMillan, Commissioners Stephen Schonning, Rochelle Sweeney, and
Susan Tade were present. Chair Randall Christensen and Commissioner Alexander Koenig were
absent and excused. Commissioner Abraham Rizvi was absent and unexcused. City Planner and
Zoning Administrator Ginny McIntosh was also present.
3. APPROVAL OF AGENDA – NOVEMBER 15, 2018
There was a motion by Commissioner Tade, seconded by Commissioner Sweeney, to approve
the agenda for the November 15, 2018 meeting as submitted. The motion passed unanimously.
4. APPROVAL OF MINUTES – OCTOBER 25, 2018
There was a motion by Commissioner Schonning, seconded by Commissioner Sweeney, to
approve the minutes of the October 25, 2018 meeting as submitted. The motion passed
unanimously.
5. CHAIR’S EXPLANATION
Acting Chair MacMillan 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.
6. PLANNING APPLICATION ITEMS
6a) Planning Commission Application No. 2018-019 (Public Hearing)
Applicant: Mohamed Tababouanga Albert
Property Address: 5615 Brooklyn Boulevard
Summary: The Applicant is requesting approval of a Special Use
Permit to allow for the establishment of an adult daycare
facility within approximately 4,033-square foot portion of
an existing two-story multi-tenant building.
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11-15-18 -2- DRAFT
City Planner and Zoning Administrator Ginny McIntosh introduced Application No. 2018-019,
consideration of a Special Use Permit to allow establishment for an adult daycare facility,
located at 5615 Brooklyn Boulevard. (See Planning Commission Reports dated 11-15-2018 for
Application No. 2018-019.)
Ms. McIntosh introduced the item, reviewed the background, and presented the request, noting
the site is located in the C1 district, which does not acknowledge an adult daycare facility use.
Ms. McIntosh referenced the Minnesota State Statute that defines an adult daycare as a service
provided less than 20 hours a day, located outside of the resident’s home. Ms. McIntosh noted
there was one other adult daycare facility approved in 2003 and continues to operate in the City.
This adult daycare facility is also located within a C1 district. The proposed facility would be
similar, and designed to utilize daycare for social opportunities, peer support, social services,
health services and nutritional services. Ms. McIntosh mentioned the Applicant stated the
facility’s hours, pick up and drop off locations, number of Applicants and their hours, and the
number and type of staff.
Ms. McIntosh described the first-floor space and how the Applicant will utilize that space with a
nurse’s office, main office, meeting area, women’s lounge area, men’s lounge area, exercise
space, bathrooms, and a kitchenette.
Ms. McIntosh provided an overview of where pick up and drop off points will be located and
indicated that parking would need to be re-striped to meet City standards. Ms. McIntosh stated
that preliminary building and fire inspections were conducted, and the Applicant will need to
provide door signage, portable fire extinguishers, and a sprinkler system that is maintained and
monitored. The Applicant will need Health Department approval for a kitchenette and the City
Assistant Engineer has stated the Applicant will need to provide sufficient ADA parking. Ms.
McIntosh closed by stating the City is waiting on a formal signature from the property owner,
which will need to be provided before the next City Council meeting.
It was noted that legal notice was published in the local Brooklyn Center Sun-Post and notice
letters were delivered to all neighboring properties within 350 feet of the subject site.
Ms. McIntosh stated City staff recommends the Planning Commission provide a
recommendation to the City Council to approve Planning Commission Application No. 2018-019
for the Subject Property located at 5615 Brooklyn Boulevard, so long as the Applicant complies
with the conditions noted in the Planning Staff report and also similar in the Resolution.
OPEN TO PUBLIC COMMENTS – APPLICATION NO. 2018-019
Acting Chair MacMillan recognized residents in the audience who wished to speak on this matter
and called for comments from the public.
There was a motion by Commissioner Sweeney, seconded by Commissioner Tade, to open the
public hearing on Application No. 2018-019, at 7:17 p.m. The motion passed unanimously.
PC Minutes
11-15-18 -3- DRAFT
Trevor Morlock, real estate agent and owner’s representative for 5615 Brooklyn Boulevard,
provided an email from the property owner which outlined an awareness of the application
submittal for issuance of a Special Use Permit. He will follow up with the property owner and
noted that a signature would be provided by the City Council meeting.
Jim Callahan, representing the Applicant, provided additional information on a similar St. Paul
facility owned by the Applicant. In the case of the other facility, staff goes out into the
community and provides services at client’s homes, rather than having clients come to them.
There were no other individuals in attendance who wished to make comments at this time.
MOTION TO CLOSE PUBLIC COMMENTS (HEARING)
There was a motion by Commissioner Schonning, seconded by Commissioner Tade, to close the
public hearing on Application No. 2018-019. The motion passed unanimously.
Acting Chair MacMillan called for questions and comments from Commissioners.
Commissioner Schonning asked which floor this will be located on. Ms. McIntosh stated it will
be located on the first floor.
Commissioner Tade asked what was in the space prior to the Applicant’s request. Trevor
Morlock stated it was used for mental health care for the last 10 years.
There were no further comments or questions form the Commission.
The Commissioners interposed no objections to approval of the Application.
ACTION TO RECOMMEND APPROVAL OF PLANNING COMMISSION RESOLUTION
NO. 2018-020 REGARDING THE RECOMMENDED DISPOSITION OF PLANNING
COMMISSION APPLICATION NO. 2018-019 SUBMITTED BY MOHAMED
TABABOUANGA ALBERT.
There was a motion by Commissioner Sweeney, seconded by Commissioner Schonning, to
approve Planning Commission RESOLUTION NO. 2018-020.
Voting in favor: Acting Chair MacMillan, Commissioners Schonning, Sweeney, and Tade.
And the following voted against the same: None.
The motion passed unanimously.
The Council will consider the application at its November 26, 2018 meeting. The Applicant
must be present. Major changes to the application as reviewed by the Planning Commission will
require that the application be returned to the Commission for reconsideration.
PC Minutes
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7. DISCUSSION ITEMS
7a) CITY COUNCIL MEETING UPDATES (NOVEMBER 13, 2018)
Ms. McIntosh stated a new mayor has been elected, Mike Elliot, who will be starting at the
beginning of 2019. Other updates included a resolution for the consent agenda for authorization
for submission of a Livable Communities grant with the Metropolitan Council to help implement
changes to address the establishment of TOD (transit-oriented development) zoning. Ms.
McIntosh also updated the Commission on the interim use permit for the temporary school
relocation to Earle Brown Drive.
Ms. McIntosh provided update on the Eastbrook Estates property and its potential development
into a new subdivision, and indicated to the Commissioners which part of the land is City owned,
Mn/DOT owned, and two parcels that are owned by another property owner.
7b) CANCELLATION OF PLANNING COMMISSION MEETING
(NOVEMBER 29, 2018)
Ms. McIntosh stated the Planning Commission scheduled for November 29, 2018, has been
cancelled due to no applications having been submitted by the deadline. The following meeting
in December may also be cancelled as no applications have yet been submitted.
7c) PLANNING COMMISSIONER TERMS-UPCOMING TERM
EXPIRATIONS/REAPPOINTMENTS
Ms. McIntosh referenced an email received from City Clerk Barb Suciu indicating Chair
Christensen, and Commissioners Schonning, Tade and MacMillan will be up for reappointment
with terms expiring at the end of December 2018. Ms. McIntosh noted that Commissioner
Rizvi’s position will be posted in the City newsletter as vacant. Ms. McIntosh asked that those
wishing to be re-appointed let her know as soon as possible so the City Clerk can be notified.
8. OTHER BUSINESS
There were no Other Business items.
9. ADJOURNMENT
There was a motion by Commissioner Sweeney, seconded by Commissioner Tade, to adjourn the
Planning Commission meeting. The motion passed unanimously. The meeting adjourned at
7:56 p.m.
_______________________________ _________________________________
Ginny McIntosh, Secretary Jack MacMillan, Acting Vice-Chair
________________
App. No. 2019-001
PC 01/17/2019
Page 1
Planning Commission Report
Meeting Date: January 17, 2019
Application No. 2019-001
Applicant: Max L. Stanislowski (Loucks, Inc.)
Location: 6420 Camden Avenue North
Request: Preliminary/Final Plat of TopGolf Second Addition and Right-of-Way (ROW)
Dedication
INTRODUCTION
Max Stanislowski of Loucks, Inc, (“the Applicant”) on behalf of VEREIT Real Estate L.P. is requesting
review and consideration of preliminary and final plat approval for a re-plat of the existing TOPGOLF
ADDITION located in the vicinity of 6420 Camden Avenue North (“the Subject Property”). Approval the
requested re-plat would allow for the incorporation of a parcel to the south (PID: 36-119-21-42-0023),
and dedicate certain right-of-way (ROW) to the City of Brooklyn Center.
These requests are associated with additional requests to revise existing drainage and utility easements
on the Subject Property. As easement vacations are handled through the Public Works Department, a
separate application has since been submitted for review and consideration of the aforementioned
requests. Assuming Planning Commission Application No. 2019-001 is recommended by the Planning
Commission for approval by City Council, the applications for the re-plat and ROW dedication, as well as
revisions to drainage and utility easements, would go before the City Council meeting scheduled for
January 28, 2019.
Requests for approval of the plat require that a public hearing be scheduled in accordance with Section
15-104 (Preliminary Plan) of the Platting Ordinance. An Affidavit of Publication confirmed publication of
the public hearing notice in the Brooklyn Center Sun Post on January 3, 2019 (Exhibit A). Mail notices
were also sent to neighboring property owners.
REQUESTS
Preliminary/Final Plat Approval and Dedication of Certain Right-of-Way (ROW)
As part of the City Platting Ordinance requirements, preliminary and final plat approval is required to
formally re-plat the existing TOPGOLF ADDITION to TOPGOLF 2ND ADDITION (Exhibit B). The request for a
re-plat arose from the acquisition of a remnant MnDOT (Minnesota Department of Transportation)
parcel by the City of Brooklyn Center. MnDOT turned back this parcel to the City as it was not needed
and as MnDOT only sells to municipalities (not private entities).
In turn, the City conducted a quitclaim deed and transferred ownership to TopGolf in order to allow for
the space necessary to extend Camden Avenue North further to the south and create a new cul-de-sac.
As part of the agreement, the cul-de-sac was to be constructed to City standards, turned back to the
City, and the Subject Property re-platted to reflect the additional land acquisition, right-of-way (ROW),
and revisions to the drainage and utility easements.
•Application Filed: 12/18/2018
•Review Period (60-day) Deadline: 02/16/2019
•Extension Declared: N/A
•Extended Review Period Deadline: N/A
________________
App. No. 2019-001
PC 01/17/2019
Page 2
The re-plat would incorporate the following:
Lot 1, Block 1, TOPGOLF ADDITION (581,097 square feet or 13.34 acres)
Tract A (4,495 square feet or 0.10 acres)
Tract B (407 square feet or 0.01 acres)
Map 1. Location Map of Subject Property (Note: Imagery dated 2015).
Per Assistant City Engineer Andrew Hogg, in his memorandum dated January 16, 2019 (Exhibit C),
the Applicant will need to provide additional information as part of the platting and right-of-way
(ROW) dedication process. The requested items include, but are not limited to the completion and
recording at the County of the associated right-of-way turn back prior to the City taking over
control and maintenance of the affected City right-of-way.
Additionally, a 10-foot drainage and utility easement must be dedicated on the plat around the entire
perimeter of the site, and private site appurtenances (e.g., light poles, signs) must not encroach within
any public easement areas. Any encroachments will require completion of an Encroachment Agreement.
Based on a review of a prior memorandum for the Subject Property (dated June 8, 2017), agreements
are still needed for TopGolf’s netting poles, which are located within the utility easement and any other
appurtenances within the easement areas.
Based on staff findings, staff recommends Planning Commission recommendation of the
preliminary/final plat (TopGolf 2nd Addition) and associated right-of-way (ROW) dedication; subject to
the Applicant complying with the comments outlined in the Assistant City Engineer’s memorandum
________________
App. No. 2019-001
PC 01/17/2019
Page 3
dated January 16, 2019 (Exhibit C), any outstanding comments remaining from previous
memorandums (e.g., June 8, 2017 site plan review memorandum), any comments received from
Hennepin County, and any conditions as outlined in the Approval Conditions section of this Staff
Report.
APPROVAL CONDITIONS
Staff recommends the following conditions be attached to any positive recommendation on the
approval of Planning Commission Application No. 2019-001 for the Subject Property located in the
vicinity of 6420 Camden Avenue North:
1.Plat Approval: Approval of the preliminary and final plats are contingent upon the addressing of
comments by Assistant City Engineer Hogg in his memorandum dated January 16,
2019, outstanding comments identified in the site plan memorandum dated June 8, 2017,
Chapter 15 of the City Code of Ordinances (Platting), any comments provided by Hennepin
County, and the successful recording of said plat with Hennepin County.
a.The proposed re-plat of TOPGOLF ADDITION to TOPGOLF 2ND ADDITION will incorporate
the following:
Lot 1, Block 1, TOPGOLF ADDITION (581,097 square feet or 13.34 acres)
Tract A (4,495 square feet or 0.10 acres)
Tract B (407 square feet or 0.01 acres)
2.Engineering Review: The Applicant agrees to comply with all conditions or provisions noted in
the City Engineer’s Review memorandum, dated January 16, 2019 (Exhibit C), and
any outstanding comments remaining from the previous memorandum dated June 8, 2017.
RECOMMENDATION
Based on the above-noted findings, staff recommends the Planning Commission recommends:
The Planning Commission recommends City Council approval of the requested preliminary and final plat for
TOPGOLF 2ND ADDITION, as well as the requested dedication of certain right-of-way, subject to the
Property Owner/Applicant complying with the comments outlined in the Assistant City Engineer’s
memorandum dated January 16, 2019 (Exhibit C), any outstanding comments remaining in
the memorandum dated June 8, 2017, any comments received by Hennepin County, and any
conditions as outlined in the Approval Conditions section of this Staff Report.
Attachments
Exhibit A- Affidavit of Publication, published in the Brooklyn Center Sun Post on January 3, 2019.
Exhibit B- Preliminary and Final Plat for TopGolf 2nd Addition, and Right-of-Way Exhibits, prepared by Loucks, Inc,
and dated December 3 and 17, 2018, and January 3, 2019.
Exhibit C-Memorandum, prepared by Assistant City Engineer Andrew Hogg, dated January 16, 2019.
Exhibit A
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CURVE DATA
SEGMENT
C1
C2
C3
C4
C5
LENGTH
109.69
142.11
32.42
29.69
60.63
RADIUS
60.00
60.00
60.00
60.00
60.00
DELTA
104°44'53"
135°42'32"
30°57'39"
28°20'55"
57°53'41"
CH. BEARING
N42°08'46"W
N26°39'56"W
N25°42'30"E
N3°56'47"W
N42°12'00"W
CHORD
95.04
111.15
32.03
29.38
58.08
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7200 Hemlock Lane, Suite 300
Maple Grove, MN 55369
763.424.5505
www.loucksinc.com
PLANNING
CIVIL ENGINEERING
LAND SURVEYING
LANDSCAPE ARCHITECTURE
ENVIRONMENTAL
SUBMITTAL/REVISIONS
PROFESSIONAL SIGNATURE
QUALITY CONTROL
CADD files prepared by the Consultant for this project are
instruments of the Consultant professional services for use solely
with respect to this project. These CADD files shall not be used
on other projects, for additions to this project, or for completion
of this project by others without written approval by the
Consultant. With the Consultant's approval, others may be
permitted to obtain copies of the CADD drawing files for
information and reference only. All intentional or unintentional
revisions, additions, or deletions to these CADD files shall be
made at the full risk of that party making such revisions, additions
or deletions and that party shall hold harmless and indemnify the
Consultant from any & all responsibilities, claims, and liabilities.
CADD QUALIFICATION
TOPGOLF USA
BROOKLYN
CENTER, LLC
6420 CAMDEN AVE. N.
BROOKLYN CENTER, MN
ARCO MURRAY
DESIGN BUILD
3110 WOODCREEK DRIVE
DOWNERS GROVE, IL 60515
N
SCALE IN FEET
0 40 80
11/14/18 SURVEY ISSUED
12/03/18 REVISED PER COMMENTS
PRELIMINARY
PLAT
1 OF 1
FOUND 1/2 INCH IRON MONUMENT, MARKED
"LS 48988", UNLESS OTHERWISE SHOWN
SITE
License No.
Date
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.
VICINITY MAP
Field Crew
Max L. Stanislowski - PLS
48988
Project Lead
Drawn By
Checked By
Loucks Project No.16366E
MLS
KMM
MLS
DJP, BRS, BEP, CMS
11/14/18
Lot 1, Block 1, TOPGOLF ADDITION.
The Registered portion being:
That part of Lot 1, Block 1, TOPGOLF ADDITION, embraced within that part of Lot 3, Block 1,
REGAL ROAD DEVELOPMENT 2ND ADDITION, lying between the North line of REGISTERED
LAND SURVEY NO. 678 and its westerly extension and the South line of Government Lot 2, Section
36, Township 119, Range 21; and that part of Lot 3, Block 1, REGAL ROAD DEVELOPMENT 2ND
ADDITION, lying between the North line of Government Lot 3, Section 36, Township 119, Range 21
and a line drawn parallel with and distant 294.75 feet South of the North line of Lot 7,
MENDENHALL'S OUTLOTS as measured along the West line of said Lot 7 and its southerly
extension, except that part thereof lying easterly of the East line of Lot 3, Block 1, LYNNBROOK
BOWL ADDITION and its northerly extension.
And
Tract A
That part of Government Lot 3 of Section 36, Township 119 North, Range 21 West, described as
follows:
Commencing at a point 580 feet north and 200 feet west from the intersection of the centerline
of Trunk Highway No. 100 and the centerline of Trunk Highway No. 169 as both were located
prior to January 1, 1962; thence at an angle to the right 106 degrees 30 minutes 40 seconds a
distance of 67 feet; thence at an angle to the left of 107 degrees 08 minutes 40 seconds a
distance of 542.3 feet; thence at an angle to the left of 94 degrees 55 minutes 00 seconds a
distance of 30.11 feet to the point of beginning of Tract A to be described; thence at an angle to
the left of 85 degrees 05 minutes 00 seconds a distance of 30.11 feet; thence at an angle to the
right of 52 degrees 17 minutes 00 seconds a distance of 326.58 feet to the northwesterly right of
way line of said Trunk Highway No. 100; thence southwesterly along said highway right of way
line to the east line of Lot 8, MENDENHALL'S OUTLOTS; thence north along the east line of Lots
8 and 6, said MENDENHALL'S OUTLOTS to the point of beginning;
which lies southeasterly of Line 1 described below and northwesterly of Line 2 described below:
Line 1:
Beginning at a point on the north and south quarter line of said Section 36, distant 270 feet
south of the northeast comer of Lot 8, MENDENHALL'S OUTLOTS; thence northeasterly to a
point which is 30 feet northwesterly (measured at right angles) from a point on the northwesterly
right of way line of said Trunk Highway No. 100, distant 200 feet northeasterly of its intersection
with said north and south quarter line and there terminating;
Line 2:
Commencing at the south quarter comer of said Section 36; thence northerly on an azimuth of
355 degrees 28 minutes 48 seconds along the north and south quarter line thereof for 1695.35
feet to the point of beginning of Line 2 to be described; thence on an azimuth of 78 degrees 43
minutes 18 seconds for 100.00 feet; thence on an azimuth of 64 degrees 22 minutes 35 seconds
for 114.14 feet and there terminating;
together with:
Tract B
That part of Government Lot 3 of Section 36, Township 119 North, Range 21 West, described as
follows:
Commencing at a point 580 feet north and 200 feet west from the intersection of the centerline
of Trunk Highway No. 100 and the centerline of Trunk Highway No. 169 as both were located
prior to January 1, 1962; thence at an angle to the right 106 degrees 30 minutes 40 seconds a
distance of 67 feet; thence at an angle to the left of 107 degrees 08 minutes 40 seconds a
distance of 542.3 feet; thence at an angle to the left of 94 degrees 55 minutes 00 seconds a
distance of 30.11 feet to the point of beginning; thence at an angle to the left of 85 degrees 05
minutes 00 seconds a distance of 30.11 feet; thence at an angle to the right of 52 degrees 17
minutes 00 seconds a distance of 326.58 feet to the northwesterly right of way line of said Trunk
Highway No. 100; thence southwesterly along said highway right of way line to the east line of
Lot 8, MENDENHALL's OUTLOTS; thence north along the east line of Lots 8 and 6, said
MENDENHALL'S OUTLOTS to the point of beginning; excepting therefrom the right of way of
Camden Avenue and the right of way of Trunk Highway No. 94 as both were located and
established prior to January 1, 1979; also excepting therefrom that part acquired for street right
of way lying northeasterly of the northerly right of way line of said Trunk Highway No. 94 as
located and established prior to January 1, 1979 and southeasterly of line run parallel with and
distant 30 feet northwesterly of the northwesterly right of way line of said Trunk Highway No.
100;
which lies southeasterly of a line run parallel with the distant 5 feet northwesterly of Line 3 described
below:
Line 3:
Beginning at the intersection of the northeasterly line of Tract A hereinbefore described and a line
run parallel with and distant 30 feet northwesterly of the southeasterly line thereof, being the most
easterly corner of Tract B hereinbefore described; thence southwesterly on the southeasterly line of
said Tract B for 40 feet, thence continue southwesterly on the last described course for 60 feet and
there terminating;
also together with that part of Tract B hereinbefore described, which lies southwesterly of the following
described line:
Beginning at a point on the west line of said Tract B, distant 15 feet north of the southwest corner
thereof; thence southeasterly to a point on the southeasterly line of said Tract B, distant 20 feet
northeasterly of said southwest corner and there terminating.
DESCRIPTION OF PROPERTY SURVEYED
MNDOT PLAT/COMMISSIONER'S MAP
MONUMENT
SURVEYOR:OWNER:
LOUCKS TOPGOLF, INC.
7200 HEMLOCK LANE, SUITE 300 8750 N. CENTRAL EXPRESSWAY, SUITE 1200
MAPLE GROVE, MN 55330 DALLAS, TX 75231
763-424-5505 MARK FOSTER
1. PREPARED DECEMBER 3, 2018.
2. BEARINGS ARE BASED ON THE WEST LINE OF THE SE1/4, SEC. 36, TWP. 119, RGE. 21 HAVING A
BEARING OF N04°31'12"W.
3. BENCHMARK: IN BROOKLYN CENTER, 0.3 MILES NORTH ALONG TRUNK HIGHWAY 252 FROM
THE JUNCTION OF TRUNK HIGHWAY 252 AND INTERSTATE HIGHWAY 694, AT TRUNK HIGHWAY
252 MILE POINT 50, 40.3 FEET WEST OF SOUTHBOUND TRUNK HIGHWAY 252, IN THE
NORTHEAST CORNER OF THE WEST BASE OF AN OVERHEAD SIGN OVER SOUTHBOUND TRUNK
HIGHWAY 252. ELEVATION = 834.24 (NGVD29)
SITE BENCHMARK: TOP NUT HYDRANT LOCATED SOUTHEAST OF THE BUILDING. ELEVATION =
842.41 (NGVD29).
4. THE GROSS LAND AREA IS 585,999 +/- SQUARE FEET OR 13.45 +/- ACRES.
LOT 1, BLOCK 1 (NET) AREA IS 584,019 +/- SQUARE FEET OR 13.41 +/- ACRES.
CAMDEN AVE. N TO BE DEDICATED IS 1,980 +/- SQUARE FEET OR 0.04 +/- ACRES.
5. THE ADDRESS, IF DISCLOSED IN DOCUMENTS PROVIDED TO OR OBTAINED BY THE SURVEYOR,
OR OBSERVED WHILE CONDUCTING THE FIELDWORK IS 6420 CAMDEN AVE. N, BROOKLYN
CENTER, MN 55430.
6. THIS PROPERTY IS CONTAINED IN ZONE X (AREAS DETERMINED TO BE OUTSIDE THE 0.2%
ANNUAL CHANCE FLOODPLAIN) PER FLOOD INSURANCE RATE MAP NO. 27053C0208F,
COMMUNITY PANEL NO. 270151 0208 F, EFFECTIVE DATE OF NOVEMBER 4, 2016.
7. ZONING: PUD/C2 (PLANNED UNIT DEVELOPMENT/COMMERCE)
GENERAL NOTES
DETAIL
NO SCALE
DENOTES 1/2 INCH X 14 INCH IRON
MONUMENT SET, MARKED "LS 48988"
DENOTES DEED DISTANCE
DENOTES 5/8 INCH PINS
DENOTES AZIMUTH
DISABLED PARKING STALL
ASH
LEGEND
CATCH BASIN
STORM SEWER
SANITARY SEWER
WATERMAIN
STORM MANHOLE
SANITARY MANHOLE
HYDRANT
GATE VALVE
SIGN
LIGHT POLE
POWER POLE
CONCRETE CURB
UNDERGROUND ELECTRIC
CONCRETE
TELEPHONE PEDESTAL
UNDERGROUND TELEPHONE
UNDERGROUND GAS
OVERHEAD UTILITY
CHAIN LINK FENCE
EXISTING BUILDING
RETAINING WALL
NO PARKING
UNDERGROUND FIBER OPTIC
SANITARY SEWER SERVICE
WATER SERVICE
ELECTRIC METER
GAS METER
CONIFEROUS TREE
PINE
DECIDUOUS TREE
CABLE TV PEDESTAL
ELECTRIC TRANSFORMER
HAND HOLE
GUY WIRE
GUARD POST
ELM
BOXELDER
MAPLE
TREE (GENERAL)
WILLOW
MISC FRUIT
POST INDICATOR VALVE
ELECTRIC OUTLET
OVERFLOW CONTROL STRUCTURE
WATER LINE
SANITARY SERVICE
LILAC
ABANDONED STORM SEWER
ABANDONED SANITARY SEWER
ABANDONED WATERMAIN
UTILITY VALVE
SPRUCE
GUARDRAIL
RESTRICTED ACCESS
HANDRAIL
SPOT ELEVATION
CONTOUR
PARKING STALL COUNT8
ABANDONED UNDERGROUND GAS
Ex
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B
KNOW ALL PERSONS BY THESE PRESENTS: That VEREIT Real Estate L.P., a Delaware limited partnership, fee owner of the
following described property situated in the County of Hennepin, State of Minnesota, to wit:
Lot 1, Block 1, TOPGOLF ADDITION.
The Registered portion being:
That part of Lot 1, Block 1, TOPGOLF ADDITION, embraced within that part of Lot 3, Block 1, REGAL ROAD DEVELOPMENT
2ND ADDITION, lying between the North line of REGISTERED LAND SURVEY NO. 678 and its westerly extension and the
South line of Government Lot 2, Section 36, Township 119, Range 21; and that part of Lot 3, Block 1, REGAL ROAD
DEVELOPMENT 2ND ADDITION, lying between the North line of Government Lot 3, Section 36, Township 119, Range 21
and a line drawn parallel with and distant 294.75 feet South of the North line of Lot 7, MENDENHALL'S OUTLOTS as
measured along the West line of said Lot 7 and its southerly extension, except that part thereof lying easterly of the East line
of Lot 3, Block 1, LYNNBROOK BOWL ADDITION and its northerly extension.
And
Tract A
That part of Government Lot 3 of Section 36, Township 119 North, Range 21 West, described as follows:
Commencing at a point 580 feet north and 200 feet west from the intersection of the centerline of Trunk Highway No. 100
and the centerline of Trunk Highway No. 169 as both were located prior to January 1, 1962; thence at an angle to the right
106 degrees 30 minutes 40 seconds a distance of 67 feet; thence at an angle to the left of 107 degrees 08 minutes 40
seconds a distance of 542.3 feet; thence at an angle to the left of 94 degrees 55 minutes 00 seconds a distance of 30.11
feet to the point of beginning of Tract A to be described; thence at an angle to the left of 85 degrees 05 minutes 00
seconds a distance of 30.11 feet; thence at an angle to the right of 52 degrees 17 minutes 00 seconds a distance of 326.58
feet to the northwesterly right of way line of said Trunk Highway No. 100; thence southwesterly along said highway right
of way line to the east line of Lot 8, MENDENHALL'S OUTLOTS; thence north along the east line of Lots 8 and 6, said
MENDENHALL'S OUTLOTS to the point of beginning;
which lies southeasterly of Line 1 described below and northwesterly of Line 2 described below:
Line 1:
Beginning at a point on the north and south quarter line of said Section 36, distant 270 feet south of the northeast comer
of Lot 8, MENDENHALL'S OUTLOTS; thence northeasterly to a point which is 30 feet northwesterly (measured at right
angles) from a point on the northwesterly right of way line of said Trunk Highway No. 100, distant 200 feet northeasterly of
its intersection with said north and south quarter line and there terminating;
Line 2:
Commencing at the south quarter comer of said Section 36; thence northerly on an azimuth of 355 degrees 28 minutes 48
seconds along the north and south quarter line thereof for 1695.35 feet to the point of beginning of Line 2 to be
described; thence on an azimuth of 78 degrees 43 minutes 18 seconds for 100.00 feet; thence on an azimuth of 64
degrees 22 minutes 35 seconds for 114.14 feet and there terminating;
together with:
Tract B
That part of Government Lot 3 of Section 36, Township 119 North, Range 21 West, described as follows:
Commencing at a point 580 feet north and 200 feet west from the intersection of the centerline of Trunk Highway No. 100
and the centerline of Trunk Highway No. 169 as both were located prior to January 1, 1962; thence at an angle to the right
106 degrees 30 minutes 40 seconds a distance of 67 feet; thence at an angle to the left of 107 degrees 08 minutes 40
seconds a distance of 542.3 feet; thence at an angle to the left of 94 degrees 55 minutes 00 seconds a distance of 30.11
feet to the point of beginning; thence at an angle to the left of 85 degrees 05 minutes 00 seconds a distance of 30.11 feet;
thence at an angle to the right of 52 degrees 17 minutes 00 seconds a distance of 326.58 feet to the northwesterly right of
way line of said Trunk Highway No. 100; thence southwesterly along said highway right of way line to the east line of Lot 8,
MENDENHALL's OUTLOTS; thence north along the east line of Lots 8 and 6, said MENDENHALL'S OUTLOTS to the point
of beginning; excepting therefrom the right of way of Camden Avenue and the right of way of Trunk Highway No. 94 as
both were located and established prior to January 1, 1979; also excepting therefrom that part acquired for street right of
way lying northeasterly of the northerly right of way line of said Trunk Highway No. 94 as located and established prior to
January 1, 1979 and southeasterly of line run parallel with and distant 30 feet northwesterly of the northwesterly right of
way line of said Trunk Highway No. 100;
which lies southeasterly of a line run parallel with the distant 5 feet northwesterly of Line 3 described below:
Line 3:
Beginning at the intersection of the northeasterly line of Tract A hereinbefore described and a line run parallel with and
distant 30 feet northwesterly of the southeasterly line thereof, being the most easterly corner of Tract B hereinbefore
described; thence southwesterly on the southeasterly line of said Tract B for 40 feet, thence continue southwesterly on the
last described course for 60 feet and there terminating;
also together with that part of Tract B hereinbefore described, which lies southwesterly of the following described line:
Beginning at a point on the west line of said Tract B, distant 15 feet north of the southwest corner thereof; thence
southeasterly to a point on the southeasterly line of said Tract B, distant 20 feet northeasterly of said southwest corner and
there terminating.
BROOKLYN CENTER, MINNESOTA
This plat of TOPGOLF 2ND ADDITION was approved and accepted by the City Council of Brooklyn Center, Minnesota, at a
regular meeting thereof held this ______ day of _________________, 20_____. If applicable, the written comments and
recommendations of the Commissioner of Transportation and the County Highway Engineer have been received by the City or
the prescribed 30 day period has elapsed without receipt of such comments and recommendations, as provided by Minn.
Statutes, Section 505.03, Subd. 2.
CITY COUNCIL OF BROOKLYN CENTER, MINNESOTA
By __________________________________, Mayor By ______________________________, Manager
RESIDENT AND REAL ESTATE SERVICES, Hennepin County, Minnesota
I hereby certify that taxes payable in 20_____ and prior years have been paid for land described on this plat, dated this ________
day of ____________________, 20_____.
Mark V. Chapin, Hennepin County Auditor
By ________________________________, Deputy
SURVEY DIVISION, Hennepin County, Minnesota
Pursuant to MN. STAT. Sec. 383B.565 (1969) this plat has been approved this ________ day of ______________________, 20_____.
Chris F. Mavis, Hennepin County Surveyor
By _________________________________
REGISTRAR OF TITLES, Hennepin County, Minnesota
I hereby certify that the within plat of TOPGOLF 2ND ADDITION was filed in this office this ________ day of
_____________________, 20_____, at ________o'clock __M.
Martin McCormick, Registrar of Titles
By ________________________________ Deputy
COUNTY RECORDER, Hennepin County, Minnesota
I hereby certify that the within plat of TOPGOLF 2ND ADDITION was recorded in this office this ________ day of
_____________________, 20_____, at ________o'clock __M.
Martin McCormick, County Recorder
By ________________________________ Deputy
R.T. DOC. NO.
LOUCKS
C.R. DOC. NO.
SHEET 1 OF 2 SHEETS
Has caused the same to be surveyed and platted as TOPGOLF 2ND ADDITION and does hereby dedicate to the public for
public use forever the public ways, and the easements for drainage and for utility purposes as shown on this plat.
In Witness whereof said VEREIT Real Estate L.P., a Delaware limited partnership, has caused these presents to be signed by its
General Partner this day of , 20 .
VEREIT Real Estate L.P.
By: VEREIT Real Estate GP, LLC, its General Partner
By:
Todd J. Weiss, General Counsel, Real Estate
State of
County of
This instrument was acknowledged before me this day of , 20 by Todd J. Weiss, General Counsel, Real
Estate, of VEREIT Real Estate GP, LLC, a Delaware limited liability company, General Partner of VEREIT Real Estate L.P., a
Delaware limited partnership, on behalf of the partnership.
(Signature)
(Printed Name)
Notary Public, County,
My Commission Expires
SURVEYORS CERTIFICATION
I Max L. Stanislowski 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____
_________________________________________
Max L. Stanislowski, Licensed Land Surveyor
Minnesota License No. 48988
State of Minnesota
County of Hennepin
This instrument was acknowledged before me this ______ day of __________________, 20_____ by Max L. Stanislowski, a Licensed
Land Surveyor.
_________________________________________
(Signature)
_________________________________________
(Printed Name)
Notary Public Hennepin County, Minnesota
My Commission Expires January 31, 2020
CURVE DATA
SEGMENT
C1
C2
C3
C4
C5
LENGTH
109.69
142.11
32.42
29.69
60.63
RADIUS
60.00
60.00
60.00
60.00
60.00
DELTA
104°44'53"
135°42'32"
30°57'39"
28°20'55"
57°53'41"
CH. BEARING
N42°08'46"W
N26°39'56"W
N25°42'30"E
N3°56'47"W
N42°12'00"W
CHORD
95.04
111.15
32.03
29.38
58.08
LOUCKSSCALE IN FEET
0 50 100
N
SHEET 2 OF 2 SHEETS
R.T. DOC. NO.
C.R. DOC. NO.
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REVISED M E M O R A N D U M
DATE: January 16, 2019
TO: Ginny McIntosh, City Planner/Zoning Administrator
FROM: Andrew Hogg, Assistant City Engineer
SUBJECT: Preliminary/Final Plat Site Plan Review - Top Golf
Public Works staff reviewed the following documents submitted for review for the proposed Top
Golf plat:
Preliminary Plans dated December 3, 2018
Subject to final staff final plat approval, the referenced plans must be revised in accordance with the
following comments/revisions.
Preliminary Plat/Final
1.Need working copy of the preliminary plat to show all vacated easements, proposed easements,
existing and proposed utilities and provide all easement documents for the City for review.
2. Legal descriptions and easement vacation documents must be obtained for all existing
easements. Existing public easements as determined by the City must be vacated, and proposed
easements must be dedicated as part of the preliminary and final platting process. The formal
vacation document must contain an easement vacation description and depiction exhibit signed
by a professional surveyor.
3. An updated certified abstract of title or registered property report must be provided to the City
Engineer and City Attorney for review at the time of the preliminary plat application (within 30
days of preliminary plat application). Additionally, this will need to stay current and be updated
through the approval process as required to maintain and be current within 30 days of the release
of final plat.
4.A 10-ft drainage and utility easement must be dedicated on the plat around the entire perimeter
of the site.
5. Right of Way turn back must be completed and recorded with Hennepin County prior to City
taking over control and maintenance of public right of way.
6. Private site appurtenances (e.g. light poles, signs, etc.) must not encroach on public easement
areas. For appurtenances that provide adequate setback and will not have any direct impact on
the public elements, within the easement area as allowed and approved by the City, will require
an Encroachment Agreement. Encroachment Agreement shall have very specific details and
plans pertaining to the encroachment. Per the June 8, 2018 Site Plan review Memo, agreements
are still needed for the site netting poles within the utility easement and any other appurtenances
within the easement areas.
Exhibit C
Top Golf
Site Plan Review Memo, June 8, 2017
7. Add drainage and utility easement as shown and per conversation with Loucks on January 16,
2019.
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 b y the City.
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7200 Hemlock Lane, Suite 300
Maple Grove, MN 55369
763.424.5505
www.loucksinc.com
PLANNING
CIVIL ENGINEERING
LAND SURVEYING
LANDSCAPE ARCHITECTURE
ENVIRONMENTAL
SUBMITTAL/REVISIONS
PROFESSIONAL SIGNATURE
QUALITY CONTROL
CADD files prepared by the Consultant for this project are
instruments of the Consultant professional services for use solely
with respect to this project. These CADD files shall not be used
on other projects, for additions to this project, or for completion
of this project by others without written approval by the
Consultant. With the Consultant's approval, others may be
permitted to obtain copies of the CADD drawing files for
information and reference only. All intentional or unintentional
revisions, additions, or deletions to these CADD files shall be
made at the full risk of that party making such revisions, additions
or deletions and that party shall hold harmless and indemnify the
Consultant from any & all responsibilities, claims, and liabilities.
CADD QUALIFICATION
TOPGOLF USA
BROOKLYN
CENTER, LLC
6420 CAMDEN AVE. N.
BROOKLYN CENTER, MN
ARCO MURRAY
DESIGN BUILD
3110 WOODCREEK DRIVE
DOWNERS GROVE, IL 60515
N
SCALE IN FEET
0 40 80
ALTA/NSPS
LAND TITLE
SURVEY -
PLANIMETRICS
3 OF 3
DISABLED PARKING STALL
ASH
LEGEND
CATCH BASIN
STORM SEWER
SANITARY SEWER
WATERMAIN
STORM MANHOLE
SANITARY MANHOLE
HYDRANT
GATE VALVE
FOUND 1/2 INCH IRON MONUMENT, MARKED
"LS 48988", UNLESS SHOWN OTHERWISE
SIGN
LIGHT POLE
POWER POLE
CONCRETE CURB
UNDERGROUND ELECTRIC
CONCRETE
TELEPHONE PEDESTAL
UNDERGROUND TELEPHONE
UNDERGROUND GAS
OVERHEAD UTILITY
CHAIN LINK FENCE
EXISTING BUILDING
RETAINING WALL
NO PARKING
UNDERGROUND FIBER OPTIC
SANITARY SEWER SERVICE
WATER SERVICE
ELECTRIC METER
GAS METER
CONIFEROUS TREE
PINE
DECIDUOUS TREE
CABLE TV PEDESTAL
ELECTRIC TRANSFORMER
HAND HOLE
GUY WIRE
GUARD POST
ELM
BOXELDER
MAPLE
TREE (GENERAL)
WILLOW
MISC FRUIT
POST INDICATOR VALVE
ELECTRIC OUTLET
OVERFLOW CONTROL STRUCTURE
WATER LINE
SANITARY SERVICE
LILAC
ABANDONED STORM SEWER
ABANDONED SANITARY SEWER
ABANDONED WATERMAIN
UTILITY VALVE
SPRUCE
SITE
License No.
Date
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.
VICINITY MAP
Field Crew
Max L. Stanislowski - PLS
48988
Project Lead
Drawn By
Checked By
Loucks Project No.16366E
MLS
KMM
MLS
DJP, BRS, BEP, CMS
10/18/18
GUARDRAIL
RESTRICTED ACCESS
HANDRAIL
SPOT ELEVATION
CONTOUR
PARKING STALL COUNT8
ABANDONED UNDERGROUND GAS
10/18/18 SURVEY ISSUED
10/19/18 2ND SHEET ADDED
SURVEY REPORT
1.The Surveyor was not provided utility easement documents for the subject property except for those shown on the Survey.
2.The bearings for this survey are based on the Hennepin County Coordinate System NAD 83 (1986 Adjust).
3.Benchmark: MnDOT 2748 Q (GSID 10489) In Brooklyn Center, 0.3 miles north along Trunk Highway 252 from the Junction of Trunk
Highway 252 and Interstate Highway 694, at Trunk Highway 252 mile point 50, 40.3 feet west of southbound Trunk Highway 252, in
the northeast corner of the west base of an overhead sign over southbound Trunk Highway 252.Elevation = 834.24 (NGVD29).
Shown hereon east of the pond.
Site Benchmark: Top nut hydrant located southeast of the building. Elevation = 842.41 (NGVD29).
4.Trees shown hereon are 8 inch diameter at breast height or greater. Other trees, less than 8 inches, may be on site but are not shown
hereon.
5.Unrecorded right-of-way easement at the southwest corner of the property along Camden Ave. N. is shown hereon. Loucks prepared
an easement exhibit and description to be recorded.
6.Fence and bituminous path on property at northeast corner.
7.Northeast corner of parking lot is being used as a park and ride for the bus stop on State Highway No. 252.
8.See sheet 1 of 3 for notes to survey, boundary and easement information. See sheet 2 of 3 for site topographic information.
________________
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Planning Commission Report
Meeting Date: January 17, 2019
Application No. 2019-002
Applicant: Jane Sharkey (Helena Autism Therapy Center, Inc.)
Location: 2800 Freeway Boulevard
Request: Special Use Permit for Autism Center and Outdoor Playground
INTRODUCTION
Jane Sharkey of Helena Autism Therapy Center, Inc, (“the Applicant”) is requesting review and
consideration of an application that would allow for the issuance of a Special Use Permit to operate an
autism therapy center and ancillary outdoor playground at the property located at 2800 Freeway
Boulevard (“the Subject Property”). This property recently held a grand opening event for the Brooklyn
Innovation Group; however, it now appears the property is for sale. The Subject Property consists of a
two-story, multi-tenant building that was constructed in 1988 on approximately 1.22 acres.
The Subject Property originally received site and building plan approval in 1988 under Planning
Commission Application No. 88015 for construction of an approximately 14,000-square foot, two story
office building, with its intended primary use as an insurance company. Approval of the site and building
plan also included approvals for a landscape plan, installation of an underground irrigation system and
automatic fire extinguishing system.
Map 1. Subject Property Location (2800 Freeway Boulevard).
• Application Filed: 12/18/2018
• Review Period (60-day) Deadline: 02/16/2019
• Extension Declared: N/A
• Extended Review Period Deadline: N/A
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Image 1. Exterior Images of Subject Property (2800 Freeway Boulevard).
Photo Source: Loopnet and Ginny McIntosh.
COMPREHENSIVE PLAN AND ZONING STANDARDS
2030 Land Use Plan: OS– Office/Service Business
Neighborhood: Shingle Creek
Current Zoning: C1 (Service/Office) District
Surrounding Zoning: North: C1 (Service/Office) District
East: I1 (Industrial Park) District
South: R3 (Multiple Family Residence) District
West: C1 (Service/Office) District
Site Area: Approximately 1.22 Acres
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SPECIAL USE PERMIT REVIEW
Background on Autism Therapy Center
The Applicant initially met with City staff to discuss their intent to purchase the property located at 2800
Freeway Boulevard and plans to construct an outdoor playground immediately adjacent to the building.
The Applicant has leased space in Fridley since 2012 for the Helena Autism Therapy Center, but has been
unable to obtain permission to construct an outdoor playground. As many of her clients are young
children, it was felt that outdoor play should be provided in order “to address large motor deficiencies
and enjoy fresh air and a fun setting.”
Given discussions with the Applicant, the request for an outdoor playground, and the intended focus of
the autism therapy center on serving clients primarily two and a half to seven years in age, it was
determined that the use classification would be similar in nature to that of a “group daycare facility,”
which is allowed by Special Use only in the C1 (Service/Office) District. Requests for issuance of a Special
Use Permit require that a public hearing be scheduled. An Affidavit of Publication was received,
confirming publication of a public hearing notice in the Brooklyn Center Sun Post on January 3, 2019
(Exhibit A). Mail notices were also sent out to property owners in accordance with Section 35-220
(Special Use Permits) of the Brooklyn Center Zoning Ordinance.
The Applicant has provided supplemental information on the certification of the autism therapy center
through the Minnesota Department of Human Services (DHS) as well as the Center’s mission and
operations, attached hereto as Exhibit B. Helena Autism Therapy Center provides therapy services to
children aged approximately 30 months (2 ½ years) to seven (7) years in age who have a medical
diagnosis of Autism Spectrum Disorder (ASD) or other diagnoses. Services are also provided to family
members of children on the Autism Spectrum Disorder, which would occur either at the Center or within
their homes.
Children receiving services from the Helena Autism Therapy Center spend 20 hours per week at the
clinic where group treatment modalities, including art and music classes, are provided to model typical
academic settings. The Center also provides speech and occupational therapy.
Helena Autism Therapy Center possesses CTSS (Children’s Therapeutic Services and Supports)
certification which requires adherence to certain Minnesota State Statute guidelines, including those
relating to state and local coordination, day treatment services, and emotional disturbance. The
Minnesota Department of Human Services (DHS) notes that CTSS are a “flexible package of rehabilitative
mental health services to meet the needs of each individual child” and “provide varying degrees of care
for children and youth who require more than psychotherapy alone to return lost capabilities and
restore them to normal development.”
CTSS is intended to “help children and families develop skills in areas such as anger, aggression,
following directions and rules, relating to peers, anxiety, depression, family conflicts, and offer a
spectrum of services, including: individual, family, and group psychotherapy and skills training, children’s
day treatment, crisis assistance, behavioral health management, and mental health behavioral aides.”
The Center would employ approximately 29 on-site employees. An additional 10 staff and a manager are
employed under a DBA (“Doing Business As”) called Helena Family Support. While the manager would
maintain an office at the Subject Property, the other 10 staff would provide services off-site with the
exception of regular once per week meetings and other scheduled meetings as needed at the Subject
Property. The Center typically hosts 20 children during the morning program, and another 20 children
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during the afternoon program, with proposed operating hours of 8 a.m. to 5:15 p.m., Monday through
Friday. Children are either dropped off by their parents or guardians, or transported by Medical
Assistance carriers. No transportation vehicles would be stored on site of the Subject Property.
The C1 (Service/Office) District does not specifically outline “autism center” type uses as a permitted or
Special Use, although “medical, dental, osteopathic, chiropractic, and optometric offices” are a
permitted use under this zoning designation. In consideration of the day-to-day operations, age of
clientele, and request for construction of an outdoor playground, City staff determined that the “group
day care facilities” use, allowable only through issuance of a Special Use Permit, would be the closest
type use designation and requested that the Applicant submit an application for consideration by the
Planning Commission and City Council.
Outdoor Playground Request
The Applicant has indicated that the primary reason in relocating from Fridley to Brooklyn Center would
be to offer an outdoor playground for their young clients to utilize. The Applicant identified an area just
outside a side door on the east side of the Subject Property, parallel to Xerxes Avenue North. The
approximate dimensions of the playground, as proposed, would be 33 feet wide by 62 feet long. The
playground would be fully enclosed with a cedar fence.
The distance from the eastern edge of the building to the edge of the existing sidewalk along Xerxes
Avenue North is approximately 51 feet; therefore, the proposed playground would maintain an 18 foot
separation. The distance between the edge of the playground (fence) to the edge of curb along Xerxes
Avenue North is approximately 41 feet. The Applicant intends to incorporate equipment per the
Minnesota Department of Human Services (DHS) recommendations and as indicated in treatment plans
from Primary Care Physicians, physical therapists, and mental health providers.
Image 2. Site Plan Layout of Subject Property with Proposed Outdoor Playground (2800 Freeway Boulevard).
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In most cases, group daycare or child care centers are required to provide an outdoor play area for
children. In the C1 District, outdoor recreational facilities (e.g., playgrounds) are regulated by certain
special requirement standards under the City’s Zoning Code. Per Section 35-411 (Special Requirements
in C1 and C1A Districts),
“In the case of group day care facilities, outside recreational facilities shall be appropriately
separated from the parking and driving areas by a wood fence not less than four feet in height;
or a Council approved substitute; shall be located contiguous to the day care facility, shall not be
located in any yard abutting a major thoroughfare unless buffered by a device set forth in
Section 35-400; Footnote 10; shall not have an impervious surface for more than half the
playground area; and shall extend at least 60 feet from the wall of the building or to an adjacent
property line, whichever is less, or shall be bounded on not more than two sides by parking and
driving areas.”
Per Section 35-400 (Table of Minimum District Requirements), Footnote 10,
“Setbacks along major thoroughfares as designated in Section 35-900 shall in all cases be at least
50 feet, measured from the street right-of-way line, except for commercial buildings located in
commercial zoning districts (C1 and C2) or accessory structures or where the property abuts a
marginal access street or where the property abuts a noise wall or noise berm constructed by
Mn/DOT, or where the City Council finds that excess right-of-way mitigates the effects of traffic
noise, dust, and fumes. In such cases, the setback requirements shall be as contained in the
Table of Minimum District Requirements.”
Based on the information provided by the Applicant, the Applicant intends to install an eight (8) foot
high cedar fence around the perimeter of the outdoor playground, not only as a safety mechanism, but
to buffer noise, dust, and fumes that may come from Xerxes Avenue North. The playground area would
be located just outside an egress door and feature an exit within the fence at the southwest corner of
the proposed playground.
As the proposed playground would result in the loss of three (3) parking spaces, Assistant City Engineer
Andrew Hogg noted that the Applicant would need to provide sufficient spacing between the
playground and parking lot curb. Per his memorandum dated January 7, 2019 (Exhibit C), the proposed
playground fencing shall be located a minimum of four (4) feet from parking lot curbing. Additionally, all
perimeters of driving and parking areas are to be bounded by cast-in-place concrete curb and gutter
which conforms to Minnesota Highway Type “B6-12.” Sufficient ADA accessibility is also to be provided.
The Applicant will also want to ensure the Subject Property remains in compliance with the original site
and building plan approvals, as noted under PC Application No. 88015. For instance, as a landscape plan
was approved, the Applicant would need to verify by inventory that the existing landscaping is still in
compliance. If trees or shrubs are to be removed to make way for the proposed playground, the
Applicant will need to propose replacement landscaping to make up for the deficiency that is in
compliance with the City’s Landscape Point System Policy standards (e.g., caliper sizing).
Existing Tenants and Parking Needs
The Subject Property is currently home to the Brooklyn Innovation Group, although it is the intent of the
current property owner to sell. The Applicant has indicated that there are a few tenants who would like
to remain at this location if so allowed. This includes Mountain of Fire and Miracles church (lease
expiration in April 2020), Kesma Flame Lily, LLC (lease expiration in March 2021), Direct Hire Staffing
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(lease expiration in September 2019) and Business Associates (lease expiration in November 2020).
Based on information provided on their website, Mountain of Fire and Miracles church, located on the
second floor, holds services on Sunday mornings and Wednesday evenings (from 7 p.m. to 9 p.m.),
which would be on an opposite schedule from the other tenants, including the autism therapy center.
According to the Applicant, the existing tenants have the following spaces leased to them:
Mountain of Fire and Miracles Church – Approximately 2,000 square feet
Kesma Flame Lily, LLC – Approximately 1,000 square feet
Direct Hire Staffing – Approximately 680 square feet
Business Associates – Approximately 500 square feet
Total Square Feet of Use by Other Tenants: Approximately 4,180 square feet
Total Square Feet of Use by Proposed Autism Center: 9,820 square feet
Assuming approximately 12,000-square feet of the building is utilized for “office use,” Section 35-704
(Minimum Parking Spaces Required) would require a minimum of 60 parking spaces to serve this use
during the week. Churches and other places of assembly would require that a minimum of one (1)
parking space for every three seats be provided. As the Applicant was unable to obtain information on
the Mountain of Fire and Miracles church membership (due to the due diligence process currently
underway), additional information will need to be provided in order to determine whether sufficient
parking is available. This assumes the church will meet at off-hours from the office tenants and autism
therapy center.
The Applicant has indicated that 64 off-street parking spaces are available on site. Assuming four (4)
parking spaces are lost to accommodate the playground (3 spaces for playground use and 1 space for
separation between the parking and playground areas), the Applicant would be providing the bare
minimum necessary for the uses proposed. Per Planning Commission Application No. 88015, the original
site and building plan noted a provision for 70 parking spaces.
Upon a visit to the site, City staff noted that some spaces had been removed to accommodate for a new
drive aisle. In order to conform to the original site and building plan provisions, the parking lot would
need to be re-striped to address the deficiency. The Applicant will also need to address non-conforming
and potentially insufficient ADA parking. As the Applicant had indicated in their memo (Exhibit B) that
children would be dropped off at the south entrance by making a circle turn, the Applicant may need to
revise this drop off plan, as parking spaces would need to be added back in this current drive aisle.
Building Official Review
Building Official Dan Grinsteinner provided comments regarding the occupancy classification, floor
locations of occupants depending on the presence of an automatic fire sprinkler and/or fire alarm
system, the minimum egress requirements given the types of uses within the building, and fire
separation requirements given the presence of a church (assembly type occupancy) with adjacent office
occupancies. Please refer to his attached comments for more information (Exhibit D).
Special Use Permit Request
The Applicant is requesting approval of a Special Use Permit to allow for the establishment of an autism
therapy center and construction of an outdoor playground in an existing two-story building located at
2800 Freeway Boulevard. According to Section 35-220 (Special Use Permits) of the City’s Zoning
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Ordinance,
“Special uses are those which may be required for the public welfare in a given district but which
are, in some respects, incompatible with the permitted uses in the district. Before a building or
premises is devoted to any use classified as a special use by this ordinance, a special use permit
must be granted by the City Council.”
As “group day care facilities” have been identified as the most closely related use, Section 35-320 (C1
Service/Office District), Subsection 3 (Special Uses), notes that:
b. Group day care facilities provided that such developments, in each specific case, are
demonstrated to be:
1) Compatible with existing adjacent land uses as well as with those uses permitted in the C1
district generally.
2) Complementary to existing adjacent land uses as well as those uses permitted in the C1
district generally.
3) Of comparable intensity to permitted C1 district land uses with respect to activity levels.
4) Planned and designed to assure that generated traffic will be within the capacity of available
public facilities and will not have an adverse impact upon those facilities, the immediate
neighborhood, or the community.
5) Traffic generated by other uses on the site will not pose a danger to children served by the
daycare use.
And further provided that the special requirements set forth in Section 35-411 (Special
Requirements in C1 and C1A Districts) are adhered to.
As indicated in the language above, the “group daycare facilities” use is typically geared towards the
more traditionally seen child daycare model. However, as an example, Planning Commission Application
No. 2018-019, which granted a Special Use Permit to an adult daycare facility, was recently reviewed
utilizing the “group daycare facilities” determination as a guideline.
Per the Standards of Special Use Permits, a Special Use Permit may be granted by the City Council after
demonstration by evidence that all of the following are met:
1. 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.
The Applicant has noted that it is not their intent to endanger the public health, safety, morals,
or comfort of their clients, existing tenants, or the general public. As the autism therapy center
currently possesses CTSS certification through the Minnesota Department of Human Services
(DHS), the Applicant would need to provide updated documentation noting the relocation or
potential re-certification of the autism therapy center at the Subject Property and ensure all
outstanding comments identified by City staff, including the City Building Official, Fire Inspector,
and Assistant City Engineer, are addressed.
The Applicant did sit down to meet with City staff prior to submitting an application to the City.
As part of the meeting, certain concerns were identified. Specifically, the Building Official noted
that if the church is to remain a tenant, fire proofing will be required to separate the assembly
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App. No. 2019-002
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use from the adjacent office uses. Given the age of the youngest clients, it was also stressed
that, should any clients be younger than 30 months (2 ½ years), additional egress provisions
would be required for any therapy or use that might take place on the second floor of the
building.
Regarding the proposed outdoor playground, the Applicant intends to install an eight (8) foot
high cedar fence to not only address safety concerns, but to buffer out any noise, dust, or fumes
from the adjacent roadway (Xerxes Avenue North). An egress from within the playground area
would be provided at the southwest corner of the area that would not only provide a continued
path of egress from within the building, but also ensure young clients remain within the
playground area. Considering the separation requirements between the playground fence and
parking lot curbing, the Applicant will want to work with City staff to ensure sufficient safety
measures are in place (e.g., overall separation, installation of barricades or bumpers).
2. 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.
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, not substantially diminish and impair the
property values within the neighborhood. The building is currently occupied by some tenants
who would like to stay in place if so allowed. Assuming parking is sufficient and all comments
and concerns noted by City staff are addressed, City staff sees no reason why the existing
tenants could not remain.
Other than the installation of a playground area on the east side of the Subject Property and
corrections to parking and landscaping, etc. the Applicant has no plans to substantially alter the
existing building’s exterior. The intent is to operate the autism therapy center during normal,
weekday business hours, with use by the church in the evening one day per week and on
Sundays.
The Subject Property is bordered to the south by existing townhomes known as Earle Brown
Estates, to the west by Spiritual Life Church and God’s Little Treasures Childcare (6865 Shingle
Creek Parkway), to the north by Showdown Displays (6850 Shingle Creek Parkway), and to the
east by a multi-tenant industrial office building known as the Shingle Creek Corporate Center
(2700 Freeway Boulevard).
3. 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.
The establishment of the special use should not impede the normal and orderly development
and improvement of surrounding properties for uses permitted in the district. The Subject
Property is currently surrounded by another like-zoned C1 (Service/Office) District property, R3-
zoned townhomes, and I1 (Industrial Park) zoned properties. Given that the area is fully
developed, it is hoped that acquisition of the Subject Property by the Applicant would ensure
the Subject Property remains in use.
Given that the adjacent, like-zoned property to the west received a Special Use Permit for a
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Group Day Care Facility within an existing church with an outdoor playground (under Planning
Commission Application No. 2014-012), City staff reviewed the staff report for comparison
considering the similar request.
4. Adequate measurements have been or will be taken to provide ingress, egress, and parking so
designed as to minimize traffic congestion in the public streets.
The Applicant met with City staff on a few occasions to discuss her proposal and identify
potential issues as outlined by the Assistant City Engineer, City Planner, and Building Official. The
Building Official visited the site in the past few months during its remodel for the Brooklyn
Innovation Group and is therefore familiar with the building. His comments have been provided
in a memorandum dated January 10, 2019 (Exhibit D). The Assistant City Engineer noted his
comments in his memorandum dated January 7, 2019 (Exhibit C).
The Applicant is aware of the potential ingress and egress needs for the proposed autism
therapy center, and fire code requirements given the presence of a church in an office building.
Additionally, the City Planner notified the Applicant of the existing deviations from the original
site and building plan approvals relating to parking. The Applicant will need to ultimately work
with City staff to ensure all ingress, egress, and parking concerns are addressed as to minimize
traffic congestion in the public streets.
5. The special use shall, in all other respects, conform to the applicable regulations of the district
in which it is located.
Per the submitted plans, the Applicant has no plans to alter the exterior of the building in such a
way to render the building or site non-conforming. The only anticipated alterations include the
incorporation of an outdoor playground with fencing, and addressing of the existing parking lot
and landscaping.
With regard to the minimum parking requirements, and based on the intended operation of the
autism therapy center, other office uses, and church, staff is not overly concerned about parking
provided the lot is re-striped to reflect the originally approved site and building plan, and
sufficient ADA parking/emergency routing is provided.
Based on staff findings, staff recommends the Planning Commission recommend City Council approval
of the requested Special Use Permit for an autism therapy center with ancillary outdoor playground
for the property located at 2800 Freeway Boulevard (Subject Property); subject to the Applicant
complying with the comments outlined in the Approval Conditions noted below.
APPROVAL CONDITIONS:
Staff recommends the following conditions be attached to any positive recommendation on the
approval of Application No. 2019-002 for 2800 Freeway Boulevard (Subject Property):
1. Building and Site Plan Review:
a. 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 review by the City.
b. The installation of the as-proposed eight (8) foot cedar fence and any alterations to the
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parking lot will require issuance of a City building permit and/or zoning approval.
2. Agreements:
a. The Applicant shall adhere to the maximum occupancies outlined by City staff and in
accordance with any licensing or certification requirements (e.g., DHS) for the autism
therapy center, office, and church uses.
b. Issuance of a Special Use Permit for the autism therapy center and ancillary outdoor
playground is conditioned upon the Applicant obtaining any necessary certification or
re-certification from the Minnesota Department of Human Services (DHS) or other
licensing authorities for the use or services provided. This information shall be provided
to the City Planner for confirmation.
c. The Special Use Permit for the autism therapy center and ancillary outdoor playground
is subject to all applicable building codes, ordinances and regulations. Any violation
thereof may be grounds for revocation.
d. The Applicant shall comply with the review comments identified in Building Official Dan
Grinsteinner’s memorandum dated January 10, 2019 (Exhibit D). The Applicant shall
provide plans for any remodeling and submit building permit applications for any work
to be conducted in the space.
e. The Applicant shall comply with all comments outlined in the memorandum prepared by
Assistant City Engineer Andrew Hogg on January 7, 2019, and the parking/site plan
identified under Planning Commission Application No. 88015.
f. Children being dropped off or utilizing the autism therapy center/outdoor playground
shall always be escorted by a parent or designated adults/guardians when entering or
exiting the building or outdoor playground. Children are not to be left unattended in the
outdoor playground area.
3. Facilities and Equipment:
a. The Subject Property parking lot is to be re-striped to meet City code and site plan
approval requirements, and provide sufficient ADA parking in proximity to main
entrances. Plans are to be submitted detailing the re-striping and alterations to
accommodate the proposed outdoor playground.
b. The Applicant shall conduct an inventory of existing landscaping to determine whether
the existing landscaping is in conformance with the approved landscape plan under
Planning Commission No. 88015. Should any deficiencies or removals be identified, the
Applicant shall propose like replacements. All new landscaping is to meet the minimum
standards noted under the City’s Landscape Point System Policy (e.g., caliper sizing).
c. The Applicant shall obtain approval from the Hennepin County Health Department for
any proposed kitchen facilities.
d. The Applicant/Property Owner shall ensure the fire sprinkler system is maintained and
monitored.
e. 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 per any certification or licensure requirements; and the playground must be well
maintained and secured during off hours of operations.
f. The Applicant must ensure that the playground area drains properly or provide
measures or drainage devices that ensure positive drainage.
________________
App. No. 2019-002
PC 01/17/2019
Page 11
g. Any playground curbing materials, play structures, fencing and/or concrete curb
barricades damaged or destroyed due to accidents or natural events shall be replaced
immediately.
RECOMMENDATION
Based on the above-noted findings, Planning Staff recommends the Planning Commission recommends
City Council approval of Planning Commission Application No. 2019-002, Special Use Permit for an
autism therapy center with ancillary outdoor playground for the Subject Property located at 2800
Freeway Boulevard, subject to the Applicant complying with the Approval Conditions.
Should the Planning Commission accept this recommendation, the Commission may elect to adopt the
resolution to be provided at the Planning Commission meeting on January 17, 2019, which memorializes
the findings in issuing a Special Use Permit approval, subject to the Applicant complying with the above-
mentioned conditions of approval.
Attachments
Exhibit A- Affidavit of Publication for Notice of Hearing (2800 Freeway Boulevard), published January 3, 2019, in
Brooklyn Center Sun Post.
Exhibit B- Application, Memo, and Exhibits for Special Use Permit Request, prepared by Jane Sharkey (Helena
Autism Therapy Center, Inc.), and dated December 14, 2018.
Exhibit C- Memorandum, prepared by Assistant City Engineer Andrew Hogg, and dated January 7, 2019.
Exhibit D- Memorandum, prepared by Building Official Dan Grinsteinner, and dated January 10, 2019.
Exhibit A
Exhibit B
12/18/2018
2019-002
A H ELENA 5301 East River Road, Suite 110
-Fridley, MN 55421
AUTISM THERAPY CENTER P (763) 432.3926 F (763) 951.2132
The missing piece to the puzzlel!I www.hfsatc.com
HELENA AUTISM THERAPY CENTER, INC
Proposal for Outdoor Playground
City of Brooklyn Center
Business and Development
6301 Shingle Creek Parkway,
Brooklyn Center, MN 55430-2199
Phone 763.569.3300
TTY /Voice 711 Fax 763.569.3494
www.cityofbrooklyncenter.org
Special Use Permit Application and Review Process
Special uses are those which may be required for the public welfare in a given district but which are, in some
respects, incompatible with the permitted uses in the district. Before a building or premises is devoted to any use
classified as a special use by this ordinance, a special use permit must be granted by the City Council. A special use
permit may be granted after demonstration that all of the following are met:
Application, fee ($200) and supporting documentation are submitted 30 days prior to a scheduled Planning
Commission meeting.
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.
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.
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.
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.
The special use shall, in all other respects, conform to the applicable regulations of the district in which it is
located.
Conditions and Restrictions: The Planning Commission may recommend and the City Council may impose such conditions
and restrictions upon the establishment, location, construction, maintenance and operation of the special use as deemed
necessary for the protection of the public interest and to secure compliance with requirements specified in this ordinance.
In all cases in which special use permits are granted, the City Council may require such evidence and guarantees as it may
deem necessary as part of the conditions stipulated in connection therewith.
Resubmission: No application for a special use permit which has been denied by the City Council shall be resubmitted for
a period of twelve (12) months from the date of the final determination by the City Council; except that the applicant may
set forth in writing newly discovered evidence of change of condition upon which he relies to gain •the consent of the City
Council for resubmission at an earlier time.
Revocation and Extension of Special Use Permits: When a special use permit has been issued pursuant to the provisions of
this ordinance, such permit shall expire without further action by the Planning Commission or the City Council unless the
applicant or his assignee or successor commences work upon the subject property within one year of the date the special
use permit is granted, or unless before the expiration of the one year period the applicant shall apply for an
extension thereof by filling out and submitting to the Secretary of the Planning Commission a "Special Use Permit"
application requesting such extension and paying an additional fee in an amount as set forth by the City Council
resolution.
Special use permits granted pursuant to the provisions of a prior ordinance of Brooklyn Center shall expire within one year
of the effective date of this ordinance if construction upon the subject property pursuant to such special use permit has
not commenced within that time. In any instance where an existing and established special use is abandoned for a
period of one year, the special use permit related thereto shall expire one year following the date of abandonment.
Special Use Permit Checklist 3-14 Sec 35-220
TheCity ho[ds ·a-public hea·r1ng for -·review of·a ·spec1ar ·use -Perm1t ·appHcatron.---·Notic.es · are -·published ·m-the
_citys official newspaper and letters are sent to surr9unding property owners regarding the date and time of the
meeting. The Planning Commission makes their recomrnen_dation to the City Council who holds a publi t
hea~ing as well.
Address ______________ _ Plans Received By: __________ _
Project Description: __________ _ Date: ______________ _
Special Use Permit Checklist 3-14 Sec 35-220
TABLE OF CONTENTS
1 ................................................................... .
2 .................................................................... .
3 ................................................................... .
4 ................................................................... .
4 ................................................................... .
5 ................................................................... .
6 ................................................................... .
Enclosures
Cover letter
DHS Certification Information
Mission Statement
Services provided
Economic Development
Client transportation
Outdoor Playground Information
A HELENA 5301 East River Road, Suite 110
Fridley, MN 55421
AUTISM THERAPY CENTER P (763) 432.3926 F (763) 951.2132
The missing piece to the puzzle ~ www.hfsatc .com
December 14, 2018
Ms. Ginny McIntosh
City Planner/ Zoning Administrator
6301 Shingle Creek Parkway
Brooklyn Center, MN 55430
RE: 2800 Freeway Boulevard, Brooklyn Center, MN 55443
Ginny,
I have a signed Purchase Agreement for property located at 2800 Freeway Boulevard, Brooklyn Center
with a projected closing date of March 5, 2019. I am wanting to add an outdoor playground on this
property. Please find the following information with regards to Helena Autism Therapy Center and the
proposed playground.
1. History of Helena Autism Therapy Center: OBA Helena Family Support:
Website: www.hfsatc.com
I am a licensed Marriage and Family therapist, who established Helena Family Support, Inc.,
Minnetonka, MN. in 2002, an agency providing mental health services to troubled youth and families in
the metro area at home, at school or in the community.
In 2012 I expanded our services to include, specifically, serving children diagnosed with Autism
Spectrum Disorder (ASD). With the experience of providing in-home services to assist families, whose
children were struggling with mental illness, with more intense support to families affected by Autism, I
established an in-clinic service in Fridley. Helena Autism Therapy Center's trademark is "The Missing
Piece to the Puzzle" due to the fact that the services offered are detailed individual services for each
child -no child's service are alike.
I have leased a 14,000 square facility since 2012 in Fridley and have not been able to obtain
permission from the neighbors to install an outdoor playground. At Helena Autism Therapy Center, we
believe that in order to provide the most complete services, the children should have the option of
outdoor play to address large motor deficiencies and enjoy fresh air and a fun setting.
I have chosen to purchase the Freeway Blvd property so an outside playground could be added to our
services and enhance each's child's experience and success with their individual and family treatment
plan goals.
2. Certification with MN Department of Minnesota:
Helena Autism Therapy Center has a CTSS (Children's Support and Services) certification
effective through September 30, 2021. If requested, I can provide the Certification
Documentation provided MN OHS.
The MN Statute guidelines for CTSS are:
Section 245:4873;
Subdivision I.State and local coordination.
Coordination of the development and delivery of mental health serv ices for children
shall occur on the state and local levels to assure the availability of services to meet the
mental health needs of children in a cost-effective manner.
Subd. 1 O.Day treatment services.
"Day treatment ," "day treatment services ," or "day treatment program" means a
structured program of treatment and care provided to a child in:
( 1) an outpatient hospital accredited by the Joint Commission on Accreditation of
Health Organizations and licensed under sections 144.50 to 144.55;
(2) a community mental health center under section 245.62;
(3) an entity that is under contract with the county board to operate a program that meets
the requirements of section 245 .4884, subdivision 2 , and Minnesota Rules ,
parts 9505.0170 to 9505.0475; or
( 4) an entity that operates a program that meets the requirements of section 245 .4884,
subdivision 2, and Minnesota Rules, parts 9505.0170 to 9505.0475 , that is under contract
with an entity that is under contract with a county board.
Day treatment consists of group psychotherapy and other intensive therapeutic services
that are provided for a minimum two-hour time block by a multidisciplinary staff under the
clinical supervision of a mental health professional. Day treatment may include education
and consultation provided to families and other individuals as an extension of the treatment
process. The services are aimed at stabilizing the child's mental health status , and developing
and improving the child's daily independent living and socialization skills. Day treatment
services are distinguished from day care by their structured therapeutic program of
psychotherapy services. Day treatment services are not a part of inpatient hospital or
residential treatment services.
Subd. 15.Emotional disturbance.
"Emotional disturbance" means an organic disorder of the brain or a clinically
significant disorder of thought, mood, perception, orientation, memory, or behavior that:
( 1) is detailed in a diagnostic codes list published by the commissioner; and
2
(2) seriously limits a child's capacity to function in primary aspects of daily living such
as personal relations , living an-angements, work , school , and recreation.
"Emotional disturbance" is a generic term and is intended to reflect all categories of
disorder described in the clinical code list published by the commissioner as "usually first
evident in childhood or adolescence."
Please review the highlighted area as that area best describes Helena Autism Therapy Center
services according to OHS. We are contracted with most major insurance companies namely
BCBS, UHC, Health Partners, Hennepin Health, among others. These companies contract
services (how the contract terminology for the type of service provided) is written in a variety of
ways. For example, the contract names our services as Day Treatment, or in-clinic mental
health services, or Children's Mental Health and Developmental disability.
3. Mission Statement of Helena Autism Therapy Center
Helena Autism Therapy Center is a humble and courageous ally for our learners and their
families. Employing a design to share expertise with a focus on results, we are passionate about
creating a truly individualized, collaborative and transformative experience for our clients.
Helena Autism Therapy Center Philosophy:
Helena Autism Therapy Center provides therapy for children, approximately ages thirty months
through age seven, who have a medical diagnosis of Autism Spectrum Disorder (ASD) or other
diagnoses. Family members of children on the ASD will also receive services at the Center and
at their home. With the diagnosis of ASD on the rise (2014 statistics from the United States Center
for Disease Control and Prevention identified around 1 in 58 American children as on the Autism
Spectrum, which is a 600% increase in prevalence over the past two decades), the need for
Autism-specific mental health services is critical, in addition to other mental health diagnoses.
Helena Autism Therapy Center ensures staff members are trained to provide mental health
psychotherapy and/or skills training services to children with a diagnosis of Autism Spectrum
Disorder or other diagnoses. There is a strong focus on the individual needs of the child and family
as well as best practices from a variety of effective treatment modalities.
Children with an ASD diagnosis often struggle with communication, social interaction, play skills,
emotional regulation, and other challenges such as sensory processing and digestive problems.
Also prevalent may have restricted, repetitive and stereotypical patterns of negative behaviors
and interests. The above challenges often impede ability to interact with others and master -
developmental milestones. Our staff strive to provide a warm and welcoming atmosphere.
We are committed to coordinating with the helping professionals involved in the child's life. We
recognize the unique challenges families of children with an ASD diagnosis may face and we are
dedicated to teaching, encouraging, empowering, engaging in play, and improving the lives of
their clients. Success of the strategies used will be measured through achieved outcomes in
consideration of the child's identified goals.
3
4. What services provided by Helena Autism Therapy Center entail
At Helena Autism Therapy Center, families and children with ASD diagnosis and other diagnoses
receive high quality, unique, individualized treatment strategies specifically identified for the
child's needs. We are dedicated to the child's success and believe families should see positive
ehanges as well as long-term results in the overall satisfaction and healthy functioning of their
child which should markedly affect the family.
Helena Autism Therapy Center staff is trained to provide psychotherapy and skills training
services to children with an ASD diagnosis. Helena staff will focus on the child and family's
individual needs with effective treatment approaches which can include relational, behavioral,
client-centered play, and child development approaches based on theorists such as, Rogers and
Dawson, Gutstein, Greenspan, Skinner, Piaget, Erikson, and Vygotsky.
The child with an ASD diagnosis will attend 20 hours per week at the clinic on the second floor.
Morning schedule is 8:00 am to 12:00 noon and 1 :00 pm to 5:00 pm. There are four teams
providing services with each team room being approximately 800 square feet. The team room
will serve approximately ten children, with services provided by 8 to 9 floor staff and supervised
by a Lead. The children will have their personal items in a "cubbie", including food provided by
family members. The children will have snack time and lunch within the treatment room. Also,
within the 800 square feet will be staff workstations and a Lead office.
Group treatment modality is also part of services provide. The modalities include art classes,
music, modeling academic settings and other types of group interaction. Additional services the
child and family members receive will be family skills training and family psychotherapy. The
majority of the time, these services are provided in the child's residence. Some families choose
to participate in these services at the facility. There will be several treatment rooms located on
the first floor.
A twenty hour per week Speech Therapist will be located on the first floor of the facility. The 2019
business plan includes adding a second twenty hour Speech Therapist and full time Occupational
Therapist -also located on the first floor.
In addition to the Speech Therapist(s) and Occupational Therapists located on the first, other
administrative and management employees will be located on the first floor. These employees
will included, receptionist, Director of Operations, Manager of Helena Family Support, and billing.
5. What does Helena Autism Therapy Center bring to the Economic Development of the city of
Brooklyn Center:
Historically, floor staff number approximately 25 with the management of these staff called
Leads. Currently there are four Leads providing direction, supervision and direct one-on-one
contact with the clients in the Center setting and their families via in-home services. In addition
to the 29 employees, there is a Director of Operations, an office manager and billing specialist.
Helena Family Support is the "OBA" for Helena Autism Therapy Center and primarily provides
services to clients at home, at school or in the community. This company employs approximately
10 staff and has a manager located in the Helena Autism Therapy Center facility. The 10
4
employees meet at the facility one time per week as a group and other times throughout the week
for individual supervision.
Helena Autism Therapy Center's client population is approximately 20 children (ages 30 months
to seven) in the AM program and 20 children in the afternoon program. Families will be driving
from their homes in to the city of Brooklyn Center.
The building located at 2800 Freeway Blvd, Brooklyn Center, has 51 parking spaces. Currently
the Seller provided information that there are four tenants with lease agreements with the Seller.
One tenant is a church, Mountain of Fire (lease expires April 2020), the second tenant is Kesma
(lease expires March 2021 ), the third tenant is Direct Hire Staffing (lease expires September
2019) and the fourth tenant is Business Associates (lease expires November 2020). The number
of parking spaces required by the tenants is unknown as the Seller has requested I not contact
the tenants until Due ' Diligence is completed. I believe the tenant with the highest number of
parking space requirements would be the church and I've been told their service is on Saturdays.
Currently Mountain of Fire is located on the second floor primarily occupying the north half of the
second floor. There are no plans to move Mountain of Fire to another location in the building.
Kesma is located in the southeast corner of the second floor. I will be recommending they occupy
the northwest corner of the first floor as that location will be quieter due to the children's tendency
to cry and/or experience emotional outbursts.
The other two tenants occupy 216 square feet and 110 square feet on the first floor. There will
be no recommendation to have these tenants move
6. How are Helena Autism Therapy Center clients transported to receive treatment at the facility:
Most children are transported by Medical Assistance carriers and these companies generally
transport one child per vehicle. Parents and other guardians deliver and pickup children by the
family vehicle. The parking lot on the south side of 2800 Freeway Blvd has adequate space for
the transportation vehicles to enter the parking lot at the south entrance, travel east and then
north within the parking lot (making a circle turn) and lining up at the curb facing west which would
allow for the children to enter or exit vehicles safely -similar to a school.
The morning schedule for drop off is Monday through Friday 8:00 am to 8: 15 am and pick up at
12:00 noon to 12: 15. The afternoon schedule is drop off is Monday through Friday at 1 :00 pm to
1:15 pm to pick up at 5:00 pm to 5:15 pm.
In consideration of the size of the parking lot with 51 spaces west of the building and south of the
building and with the "turn around" system to drop off and pick up clients for the morning and
afternoon schedule, the employees and tenants will have adequate parking on the south side and
west side of the building entrance from 8 am to 5 pm.
5
7. Playground plan
When I met with the initial City Planning Group, I reviewed a plan of the playground area which I
had drawn. HTG architects is working on a CAD plan which I will submit on December 18, 2018.
The projected plan for the outdoor playground would be located on the east and southeast corner
of the building. There is an egress door on the east side of the building with a sidewalk.
I'm including a sample pricing from Home Depot for am eight foot section of fencing. The fencing
material I'm proposing is cedar posts and cedar vertical and horizontal boards. The estimate for
an eight foot section with a height of eight feet is approximately $426.00. The size of the
playground would be 33 feet by 62 feet , which would be 20 eight foot sections for a total of $8,520.
The pricing includes foundation cement, corner posts, vertical and horizontal cedar board, nails
and metal corner caps and wax.
Playground equipment will include a trampoline, a swingset, a climbing wall, stepping and
crawling type and other large motor activities specific to children's needs with an Autism
diagnosis. Treatment plans developed with the ~hild's Primary Care Physician, physical therapist
and mental health providers would be according to MN Department Human Services
recommendations to best address the child's needs.
Examples of playground equipment is included. Helena currently has a trampoline, a climbing
wall and other small equipment that has been used inside the facility located in Fridley.
If you need any additional information, please call 952-484-4885 or
email janesharkey@yahoo.com
Sincerely,
Jane Sharkey
Owner, Helena Autism Therapy Center
6
ENCLOSURES
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12/3/2018 Yahoo Mail -(No Subject)
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Date: Monday, December 3, 2018, 5:30 PM CST
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To : janesharkey@yahoo.com
Date: Monday, December 3, 2018, 5:31 PM CST
Sent from Yahoo Mail on Android
1/1
12/3/2018 Yahoo Mail -(No Subject)
(No Subject)
From: Jane Sharkey Uanesharkey@yahoo.com)
To: janesharkey@yahoo.com
Date: Monday, December 3, 2018, 5:31 PM CST
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Date : Monday, December 3, 2018, 5:32 PM CST
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From : Jane Sharkey Uanesharkey@yahoo.com)
To : janesharkey@yahoo.com
Date: Monday, December 3, 2018, 5:32 PM CST
Sent from Yahoo Mail on Android
1/1
12/3/2018 Yahoo Mail -(No Subject)
(No Subject)
From : Jane Sharkey Oanesharkey@yahoo.com)
To: janesharkey@yahoo.com
Date: Monday, December 3, 2018, 5:32 PM CST
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M E M O R A N D U M
DATE: January 7, 2019
TO: Ginny McIntosh, City Planner/Zoning Administrator
FROM: Andrew Hogg, Assistant City Engineer
SUBJECT: Site Plan Review –Freeway Autism Center
Public Works Department staff reviewed the following documents submitted for review on
December 27, 2018, for the Freeway Autism Center improvements:
Site Plan dated December 17, 2018
Subject to final staff Site Plan approval, the referenced plans must be revised in accordance with the
following comments/revisions and approved prior to issuance of Special Use Permit:
C1.01 – Site Plan
1. Accessibility shall comply with ADA standards.
2. The perimeters of all driving and parking areas shall be bounded by cast-in-place concrete curb
and gutter which confirms with the Minnesota Highway Type “B6-12”.
3. Proposed fences shall be minimum of 4’ offset from curb.
4. See attach redlines for additional comments
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.
Exhibit C
MEMORANDUM
Date: January 10, 2019
To: Ginny McIntosh, City Planner/Zoning Administrator
From: Dan Grinsteinner, Building Official
Subject: Preliminary Review –2800 Freeway Boulevard (Special Use Permit)
1)Occupancy classification will be determined pending information submitted on age of
occupants.
•MN State Fire Marshal Division: Child care centers will be classified as Group E occupancies with
the exception of those providing care for more than five children 2 ½ years of age or less. Such
facilities shall be classified as Group I-4.
Classification as a Group E occupancies are a child day care facility that provides care for more
than five but no more than 100 children 2 ½ years or less of age, where the rooms in which the
children are cared for are located on a level of exit discharge serving such rooms and each of
these child care rooms has an exit door directly to the exterior.
2)Floor locations of occupants depends on a Automatic Fire Sprinkler system or Fire Alarm
system or Both.
Child care rooms and areas may be located on any floor level below the fourth story if meeting
the following conditions:
•The building is protected throughout with an approved automatic fire sprinkler system
and;
•The building is protected throughout with an approved automatic fire alarm system
having automatic smoke detection devices installed throughout the exiting system and
within every room or area used for any purposes other than a classroom or office.
Other provisions if met, will allow occupants to be located on floor levels other than the level of exit
discharge if an automatic fire sprinkler or fire alarm system is installed.
3)Minimum Egress requirement of 2 exits from rooms, areas, floor levels for Group E & Group I-
4 differ.
Group E : Exceeds 50 occupants; 1750 Square ft/35 occupant factor
Group I-4: Exceeds 10 occupants; 350 Square ft/35 occupant factor
All travel distances to an exit for sprinkler or non-sprinkler building shall be met.
Exhibit D
4) Fire resistive construction for separation of occupancies shall be as follows as there is a Church
tenant (A3 occupancy) existing and any Office tenant (B occupancy) existing.
Group E From: A occupancy (No Separation) B occupancy (2 hours)
Group I From: A occupancy (1 hour) B occupancy (1hour)
Group E occupancies having an occupant load of 50 or more shall be provided with an approved
fire alarm per MNFC 1103.7.2. Manual fire alarm pull boxes are only required at the min office
and in a custodial area when the building is equipped throughout by an approved supervised fire
sprinkler system.
5) A SAC Determination from Met Council will need to be provided for the new occupancy use.
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Planning Commission Report
Meeting Date: January 17, 2019
Application No. 2019-003
Applicant: Mike Harrer (CBRE)
Location: 6601 Shingle Creek Parkway (and parcels associated with the underlying PUD)
Request: Amendment to 1995 Planned Unit Development Plans and Documents
Regarding Percentage of Use Types within Buildings Related to Parking
Allocation amongst a Shared Parking Agreement, and Certain Allowances for the
Incorporation of an Indoor Showroom and Outdoor Storage
INTRODUCTION
Mike Harrer of CBRE (“the Applicant”) is requesting review and consideration of an amendment to the
1995 Planned Unit Development (PUD) plans and documents relating to parking allocations amongst a
shared parking agreement, as well as certain allowances that would result in the construction of a small
outdoor storage area and incorporation of an indoor showroom within an approximately 36,000-square
foot space at 6601 Shingle Creek Parkway (“the Subject Property”).
As amendments to Planned Unit Developments require a public hearing to be scheduled, an Affidavit of
Publication was received, confirming publication of a public hearing notice in the Brooklyn Center Sun
Post on January 3, 2019 (Exhibit A). Mail notices were also sent out to property owners in accordance
with Section 35-355 (Planned Unit Development) of the City Zoning Ordinance.
COMPREHENSIVE PLAN AND ZONING STANDARDS
2030 Land Use Plan: I-Industrial
Neighborhood: Shingle Creek
Current Zoning: PUD-I1 (Planned Unit Development/Industrial Park) District
Surrounding Zoning: North: PUD/I1 (Planned Unit Development/Industrial Park) District
East: I1 (Industrial Park) District
South: PUD/I1 (Planned Unit Development/Industrial Park) District
West: PUD/I1 (Planned Unit Development/Industrial Park) District
Site Area: Approximately 4.59 acres
• Application Filed: 12/18/2018
• Review Period (60-day) Deadline: 02/16/2019
• Extension Declared: N/A
• Extended Review Period Deadline: N/A
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Map 1. Subject Property Location (6601 Shingle Creek Parkway).
Map 2. Subject Property Location (6601 Shingle Creek Parkway) and Surrounding PUD/I1 Properties.
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BACKGROUND
City staff first conversed with the Applicant, who serves as leasing agent for the Subject Property, via
phone and email regarding usage allowances in late October 2018. City staff eventually met with the
Applicant on November 30, 2018, to discuss the Subject Property and underlying Planned Unit
Development (PUD). Through the course of conversing with the Applicant, it was determined that the
Applicant was close to leasing approximately 36,000-square feet of the approximately 70,000-square
building located at 6601 Shingle Creek Parkway (Subject Property) to an adjacent business located at
6601 Parkway Circle (Roberts-Hamilton/Hajoca Company); however, the Applicant had concerns
regarding overall usage allowances and expressed concerns regarding overall usage within the building
located at 6701 Parkway Circle, which is almost exclusively used for office space at this time.
The Subject Property is comprised of approximately 4.59 acres and consists of an existing one-story,
multi-tenant industrial/office building, loading dock area, and off-street parking. Constructed in 1985,
the building located on the Subject Property was originally approved under Planning Commission
Application No. 84009 for site and building approval, as well as issuance of a Special Use Permit. The
issuance of the Special Use Permit, at that time, was to allow for office tenants in the proposed
industrial-office buildings. Additional focus was paid to the parking plans for the Subject Property as
well as the other surrounding properties (Exhibit B).
At the time the Subject Property was developed, a central parking lot and potential parking ramp was
contemplated to address minimum parking needs. As part of the approval, City Council Resolution No.
1984-112 approved and authorized the execution of a declaration of covenants for the construction of a
parking facility on Tract C, Registered Land Survey No. 1564, between the City of Brooklyn Center and
Shingle Creek Land Company.
In 1995, the City, along with various property owners, sought a rezoning from I1 (Industrial Park) and C2
(Commerce) to PUD/I1 (Planned Unit Development/Industrial Park) and approval for a Planned Unit
Development to accommodate and acknowledge appropriate “common area parking” for various
developments located in the area northwesterly of Shingle Creek Parkway and Freeway Boulevard (refer
to Map 2 above). The properties included in this request were: 6601 and 6706 Shingle Creek Parkway;
6601 and 6701 Parkway Circle; 2000, 2100, and 2200 Freeway Boulevard; and the north and south
portions of the central parking lot, located on Tract C of Registered Land Survey No. 1564 and Tract C of
Registered Land Survey No. 1572, respectively.
As mentioned, this area had operated under a Special Use Permit for the approved off-site parking
allocations, as the City did not have provisions in its ordinances for a Planned Unit Development back in
the 1980s when many of the buildings located in the PUD were approved. The Special Use Permit
therefore outlined provisions for off-site accessory parking in a central parking lot to “allow flexibility in
developing various office/industrial sites in this area.” The plan had also provided for a private, non-
public access road (Parkway Circle) to offer access to various development parcels that were otherwise
landlocked around the central lot (refer to Map 3 below).
The staff report provided with Planning Commission Application No. 95009 notes a history of easement
agreements that outlined certain parking, driveway, and access rights over the properties in this area. It
was acknowledged at this time that the easement agreement was a complex document that had been
amended numerous times over the years with the last amendment (5th amendment) occurring in 1988.
These amendments reflected changing parking allocations from the central parking lot to various
properties as well as other elements relating to the central parking area and access road.
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Map 3. PUD/I1 Boundary, Subject Property (6601 Shingle Creek Parkway), and Common Parking Areas.
The 6th Amendment to the Easement Agreement (March 1996), reflected new ownership of the
central parking lot as well as new and existing ownerships of the various properties in the area.
Additional revisions reflected modifications to the parking agreement to lift a restriction that would
have prevented the construction of an approved site and building plan for 6701 Parkway Circle. The 6th
Amendment, based on a new allocation of parking, eliminated a previous requirement for a ramp (CC
Resolution No. 1984-112); offered a provision to construct an additional 25 parking spaces in a
landscape area, if necessary; remove a required allocation of 65 parking spaces in the central parking
area for the hotel located at 2200 Freeway Boulevard; provide additional parking along the outer
perimeter of Parkway Circle (private road access); and eliminate no longer necessary traffic control
signal agreements along Shingle Creek Parkway.
Approval of the rezoning and establishment of the Planned Unit Development is reflected within City
Council Resolution No. 1995-157 (Resolution Regarding Disposition of Planning Commission Application
No. 95009 Submitted by the City of Brooklyn Center).
AMENDMENT TO THE PLANNED UNIT DEVELOPMENT
Percentages of Use Types within Buildings
The Applicant approached City staff initially to discuss concerns relating to restrictions on use for the
Subject Property located at 6601 Shingle Creek Parkway. City staff reviewed prior City approvals and
noted that a set of conditions and considerations under City Council Resolution No. 1995-157 required
that the “Sixth Amendment to the Easement Agreement and Modification of Declaration for Parking
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shall be executed by all parties and filed with the titles to the property with the Registrar of Titles at
Hennepin County,” and that the “approval of this Planned Unit Development acknowledges the
following uses within the district”:
a.a 20 percent office/SO percent industrial occupancy of the Shingle Creek 11 buildinglocated at 6707 Shingle Creek Parkway;
b.a 100 percent office occupancy of the RCM Plaza building located at 6707 ParkwayCircle;
c.the development of an 80,000 sq. ft. office industrial building for General Lithoapproved under Planning Commission Application No. 95004 at 6601 ParkwayCircle;
d.a 60 percent office/10 percent clinic/30 percent industrial occupancy of thebuilding known at Parkway Place, 6601 Shingle Creek Parkway;
e.a hotel, restaurant, nightclub, meeting room and ballroom use of the Holiday Inn,2200 Freeway Boulevard;
f.a 100 percent office occupancy use for the Minnesota State High School Leagueoffice building, 2100 Freeway Boulevard;
g.a restaurant use as proposed by Country Harvest Buffet approved under PlanningCommission Application No. 94014 at 2000 Freeway Boulevard;
h.and a parking lot use of Tract C, RLS 1564 and Tract C, RLS 1572.
Staff discussed the outlined percentage use allowance provisions and forwarded the approvals on to the
City Attorney for review to determine whether the building-by-building percentage use allowances
could be removed. Based on conversations held, it was determined that there did not appear to be a
recorded PUD agreement or re-zoning allowance on file re-stating the allowance percentages and
therefore it made sense to remove the use allowance provisions to offer flexibility while ensuring the
limits of each individual property and the central parking provisions were kept intact. The intent in
removing the percentage use allowance provisions from the PUD is to not only to keep the City and any
applicants from constantly filing PUD amendments, but to lessen the hurdles in filling vacancies within
these buildings.
Removal of the percentage use allowances outlined under the PUD would not remove the existing
Easement Agreement and Declaration of Parking in place. The Applicant has noted that they (CBRE) are
the current overseer of the parking and maintenance for the area within Parkway Circle and would
therefore be in charge of any potential future amendments to said Easement and Declaration of Parking.
By removing the percentage use allowance breakdown, the regulation of and alterations to address
parking through approved allocations would be handled through the Easement Agreement and
Declaration of Parking.
The Applicant has provided additional information relating to current parking allocations around
Parkway Circle and for the Subject Property located at 6601 Shingle Creek Parkway (Exhibit C). As part of
any approval, City staff would need to work with the Applicant and City Attorney to determine whether
an amendment to the existing Easement Agreement and Declaration of Parking would be deemed
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appropriate. The Applicant will also need to provide additional parking allocation information for
all properties subject to the Planned Unit Development, Easement, and Declaration of Parking.
Indoor Retail Showroom
The Applicant is requesting approval for approximately 8,148-square feet of office/indoor showroom
space within the approximately 36,000-square foot space (refer to Image 1 below) that would be leased
by the adjacent Hamilton-Hajoca Company. Roberts-Hamilton Company (also known as Hamilton-Hajoca
Company) is currently located within an adjacent building to the west of the Subject Property, at 6601
Parkway Circle. Roberts-Hamilton Company is a full line residential and industrial plumbing wholesale
distributor in Minnesota with items such as fixtures, faucets, boilers, and water heaters in its inventory.
The Roberts-Hamilton Company is part of Hajoca Corporation, which is a nationwide wholesale
distributor of pipes, valves, fittings, plumbing, heating, and industrial supplies.
As part of their proposed expansion into approximately 36,000-square feet of the Subject Property, they
would be seeking to incorporate showroom space (refer to Image 2 below), particularly given the
building’s access and visibility for customers from Shingle Creek Parkway.
Image 1. Exterior of Subject Property and Proposed Tenant Space (Photo Source: Ginny McIntosh)
Image 2. Example of Proposed Showroom Area (Photo Source:www.robertshamilton.com)
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The proposed showroom would be located along the northeast corner of the Subject Property. The
remainder of the approximately 36,000-square foot space would be dedicated to approximately 27,331-
square feet of additional warehousing space (refer to Image 3 below).
Image 3. Proposed Interior Layout of Approximately 36,000-Square Foot Space and Showroom (Source: Genesis Architecture)
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Per Section 35-330 (Industrial Park), subsection 3.c of the City Zoning Ordinance, “retail sales of
products manufactured, processed, warehoused, or wholesaled on the use site,” are allowable only
through issuance of a Special Use Permit; however, given that the Subject Property is located within an
existing Planned Unit Development (PUD), the PUD approval essentially supersedes any “Special Use”
approval. Therefore, the Applicant is required to amend the existing PUD to allow for the indoor
showroom.
Outdoor Storage
The Applicant has also requested the re-use of an existing concrete pad area located to the rear of the
Subject Property and behind the loading docks. This area is currently the location of a generator and
above ground fuel tank. The intended tenant, Roberts-Hajoca Company, would construct an
approximately 12 foot by 20 foot outdoor storage area to house PVC piping supplies as part of their
plumbing supply business.
As was the case with the indoor retail showroom request, outdoor storage and any display of materials,
equipment or products accessory and necessary to a principal or permitted use requires issuance of a
Special Use Permit, or in this particular case, an amendment to the existing Planned Unit Development
(PUD) plans and documents.
Although detailing was not provided on the fencing material, outdoor storage in the I1 (Industrial Park)
District is only permitted subject to the following standards:
1.The items in the area designated on the site plan for outdoor storage or sales display area shall
be effectively screened from view from adjacent public rights-of-way or adjacent properties by a
solid wall or fence constructed of wood, masonry or other durable materials, or a combination
of fence, berm and landscaping approved by the City Council.
2.Allowable areas used for outdoor storage or display areas on an individual site shall not exceed
fifteen percent (15%) of the gross floor area of the principal building.
3.Outdoor storage or sales display area shall not be located within any front yard or corner side
yard abutting a public right-of-way, or within the buffer setback areas as defined under Section
35,413, Subsection 1.a, b, c, and d.
4.Height of stacked or stored materials or equipment in the storage area shall not exceed the
height of the screening fence or height levels approved by City Council.
5.Outdoor areas shall not be used for the storage of junk or inoperable vehicles, trash, debris, or
any nuisance items as defined by City Code.
6.The storage of hazardous liquids, solids, gases, or wastes is strictly prohibited, unless authorized
by the City’s Building Official and Fire Chief, and approved by the City Council.
7.The outdoor storage area shall not be within or interfere with designated parking or drive aisles
required by City Code Section 35-700 (Off-Street Parking Requirements).
8.Any new or additional lighting installed to illuminate the storage area must be down-cast, cut-
off style light fixtures, with a photometric plan approved by City Council.
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The Applicant will want to verify with the Minnesota Pollution Control Agency (MPCA) that no additional
requirements are needed to remove the above ground fuel tank (refer to Image 4 below). The Applicant
would also need to provide sufficient detailing on the intended fencing or wall material for the outdoor
storage area to the City Planner and Building Official for review to determine whether the standards for
outdoor stage within the I1 District have been met.
Image 4. Existing Generator and Fuel Tank Location on Subject Property (Photo Source: Ginny McIntosh)
Upon a visit by City staff to the Subject Property, it was noted that there did not appear to be any
enclosures on site for the trash dumpsters located within the loading dock area (refer to Image 5 below).
It should be noted that all ground mounted equipment (e.g., transformers, mechanical), trash
enclosures, and roof-mounted equipment are to be effectively screened from adjacent public rights-of-
way and properties. Ground mounted equipment and trash enclosures are to utilize a solid wall or fence
constructed of wood, masonry, or other durable materials that are complementary to the materials
used on the primary building. Per Chapter 12 (Building Maintenance and Occupancy), of the City Code,
roof-mounted equipment shall also be screened from view through the use of parapets, wall/fencing
materials, or paint to match surrounding colors when visible from the public right-of-way.
Image 5. Dumpsters located on Subject Property-No Enclosures. (Photo Source: Ginny McIntosh)
ENGINEERING REVIEW
Per Assistant City Engineer Andrew Hogg’s memorandum dated January 7, 2019, the Applicant will need
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to comply with ADA standards relating to building access, parking, etc. (Exhibit D).
BUILDING OFFICIAL REVIEW
The Applicant shall work to ensure all building and fire code requirements have been met as part any
PUD amendment approval and/or interior renovations and as outlined Building Official Dan
Grinsteinner’s memorandum dated January 10, 2019 (Exhibit E). As a church (assembly use) currently
exists within the building located on the Subject Property the Applicant will need to ensure proper fire
separation is provided between the office/warehouse use of the anticipated tenant, Roberts-Hajoca
Company, and the church (Recreation Fire & Miracles Ministries).
Should any storage be kept on racks, a separate permit will be required unless the racking is outlined in
the main tenant remodel package. Storage detailing shall indicate height, racking details, commodity,
aisle widths and types of existing heads in the storage area. Finally, due to the new occupancy, a SAC
(Sewer Availability Charge) determination from Met Council will be required.
Based on staff findings, staff recommends Planning Commission recommendation of the amendment
to the 1995 Planned Unit Development plans and documents and approval of the proposed removal of
language relating to percentages of use types within buildings for all properties located within the
identified Planned Unit Development, as well as approval of the requested approximately 8,148-
square foot office/indoor retail showroom, and approximately 12 foot by 20 foot outdoor storage area
for the Subject Property located at 6601 Shingle Creek Parkway, subject to the Applicant complying
with the Approval Conditions as noted below.
APPROVAL CONDITIONS
Staff recommends the following conditions be attached to any positive recommendation on the
approval of an amendment to the 1995 Planned Unit Development plans and documents and
aforementioned removal of language relating to percentages of use types within buildings for all
properties located within the identified Planned Unit Development, as well as the approval of the
requested office/indoor retail showroom and outdoor storage area for the property located at 6601
Shingle Creek Parkway:
1.PUD Amendment Review:
All requested alterations will need to be approved by City staff with respect to
applicable codes prior to the issuance of permits, and fire related building code items
shall be reviewed and approved by the Fire Chief/Fire Inspector.
a.Any major changes or modifications made to this request can only be
made by an amendment to the approved Planned Unit Development
plans and documents as approved by the City Council.
b.Sufficient detailing on the proposed outdoor storage enclosure shall be
provided and any necessary building/electrical permits obtained prior
to removal of the above ground fuel tank and generator, and
construction of the storage area.
i.The Applicant/Tenant shall verify with City staff whether
additional approvals are needed from the Minnesota Pollution
Control Agency (MPCA) for the above ground fuel tank.
c.The Applicant shall provide trash enclosures in compliance with City
Code requirements as they relate to screening for the trash enclosures
located within the loading dock area. Plans detailing proposed
construction materials, dimensions, and location shall be provided to
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City staff.
2.Agreements:
a.A revised/restated PUD agreement with the City of Brooklyn Center shall
be prepared to reflect these and any future approvals. This agreement is
to be reviewed and approved by the City Attorney prior to the issuance
of building permits.
b.The Applicant shall work with City staff and the City Attorney to
determine whether the existing Easement Agreement and Declaration of
Parking (last revised March 27, 1996) requires further amendment to
reflect changes to parking allocations, ownership, etc. These documents
are to be amended as necessary to keep up-to-date with future changes
within the designated central parking area, driveway areas, etc.
3.City Staff Reviews: The Applicant agrees to comply with all conditions or provisions
noted in the Assistant City Engineer’s review memorandum, dated January 7, 2019
(Exhibit D) and Building Official’s review memorandum, dated January 10, 2019 (Exhibit
E).
RECOMMENDATION
Based on the above-noted findings, staff recommends:
The Planning Commission recommends City Council approval of the amendment to the 1995 Planned
Unit Development plans and documents and approval of the proposed removal of language relating to
percentages of use types within buildings for all properties located within the identified Planned Unit
Development, as well as approval of the requested approximately 8,148-square foot office/indoor retail
showroom, and approximately 12 foot by 20 foot outdoor storage area for the Subject Property located
at 6601 Shingle Creek Parkway, subject to the Applicant complying with the Approval Conditions as
noted above.
Should the Planning Commission accept these recommendations, the Commission may elect to adopt the
resolution to be provided prior to the scheduled Planning Commission meeting on January 17, 2019.
Attachments
Exhibit A- Public Hearing Notice for 6601 Shingle Creek Parkway and Adjacent Parcels Located in the Underlying
PUD, published by the Brooklyn Center Sun Post on January 3, 2019.
Exhibit B- Select Information Relating to Planning Commission Application Nos. 84009 and 95009.
Exhibit C- City Submittal by Applicant for Planning Commission Application No. 2019-003, submitted by Mike
Harrer of CBRE, and dated December 18, 2018.
Exhibit D- Review Memorandum, prepared by Assistant City Engineer Andrew Hogg, dated January 7, 2019.
Exhibit E- Review Memorandum, prepared by Building Official Dan Grinsteinner, dated January 10, 2019.
Exhibit A
Planning [OoNi5qiOk information Sheet
Application No\, H4009, 84010
8ppliCanL: Lombard Properties
Location: 6601 Shingle [reek Parkway
Request:Site and Building Plan/Special Us2 Permit
Special Use Permit for 8f[-5i19 Parking
The applicant requests site and building plan and special use permit approval t0 con-
struct 3 75,251 sq. ft. office-industrial building at 6607 Shingle Creek Parkway.
This application was reviewed by the Planniny [0N@iSsiOn at its May 10, 1984 meet-
ing. It Was tabled with direction t0 the applicant to bring back J parking plan
reflecting 5OZ office occupancy and submission of 8 special use permit t0 allow
office tenants in the proposed building. The applicant has complied With these
requests.
The applicant has Submitted a new parking plan providing D ramp over the northerly
portion Of the central parking lot with 185 parking stalls on the Upper level. The
installation of the parking ramp would reduce parking on ground level by 28 St87]S.
The net addition brought about by the ramp would, therefore, be 157 stalls. The
Spec. 14 building, at SO% office occupancy, requires 227 parking stalls. The site
plan calls for 145 parking spdCC3 to be provided on site, with the 82 remaining
spaces t0 be provided in the Central parking |o1 and ramp. Commissioner Nelson
asked at the last meeting what the parking shortfall for the overall development
area would be. If Spec. 10, 12 and 14 are all SO/bO, low-rise buildings, the
following parking could come about:
Pyr|iD Spaces
Building Total R uir d Off-site
3pec. 14 227 145 82
Spec. lO 280 78 202
Spec. ll 152 50 102
Spec, 72 252 202+50
Ramada 489 428 61
Total 1,400 003 497
Not yet established in site design
These numbers indicate that Spec. 12 will only have 50 available stalls from the
central lot, 45 on the southerly Tract C and S from the upper level of the ramp.
It would seem appropriate that Spec. 14 take 20 stalls from the northerly Tract C,
as proposed, and 62 stalls from the upper level of the potential parking ramp' In
addition 10 the 112 spaces presently allocated t0 Sp2C, lO from the central parking
lot, 118 are needed from the upper level if Spec. lD is to be d 70w-rise building
and t0 make up for the loss of 28 stalls which would occur With the construction of
the ramp.
The landscape plan has also been revised t0 provide shade trees (4 HJckh along
the Shingle Creek Parkway 8reenstrip and to provide Sod in most landscaped areas
immediately adjacent to the building.
Based on the new plans submitted by the applicant, it i5 felt that the plans .are gener-
ally in order and approval is recommended, subject t0 at least the following
conditions:
5-24-84
Exhibit B
f . r ,
r
l itApplNos. I40O f31OlO cont
1. Building plans are subject to review and approval by the Building
Official with respect to applicable codes prior to the issuance
of permits.
2. Grading, drainage, utility and berming plans are subject to review
and approval by the City Engineer, prior to the issuance of permits.
3. A site performance agreement and supporting financial guarantee (in
an amount to be determined by the City Manager) shall be submitted
prior to the issuance of perm to assure completion of approved
site improvements.
4. Any outside trash disposal facilities and rooftop mechanical
equipment shall be appropriately screened from view.
5. The building is to be equipped with an automatic fire extinguishing
system to meet NFPA standards and shall be connected to a central
monitoring device in accordance with Chapter 5 of the City Ordinances.
6. An underground irrigation system shall be installed in all landscaped
areas to facilitate site maintenance.
7. Plan approval is exclusive of all signery which is subject to Chapter
34 of the City Ordinances.
8. 8612 curb and gutter shall be provided around all parking and driving
areas.
9. Plan approval acknowledges proof -of- parking for 82 off -site parking
stalls, at least 20 of which are to be located in the at -grade
central parking lot and up to 62 of which may be located in a
potential parking ramp. The applicant shall enter into a written
agreement with the City to install this parking ramp at the request
of the City and this agreement shall be filed with the property at
Hennepin County.
10. The Special Use Permit is subject to all applicable codes, ordinances
and regulations and any violation thereof shall be grounds for
revocation.
11. Special Use Permit approval acknowledges that up to 50% of the
occupancy of the building Nay be devoted to office use whether related
to an - industrial use or not. Office occupancy of more than 50`io of the
gross floor area subject to amendment of the Special Use Permit; Herein
granted and to the appropriate parking formulasof the City Zoning
Ordinance.
12. Issuance of building permits is subject to the filing of the R. L. S.
approved under Application INN. 83046 being files at the County.
13. The applicant shall submit a site performance agreement and supporting
financial guarantee (in an amount to he determined by the City Manager)
prior to the issuance of building permits to assure the completion of
the central parking lot.
5 -24 -84 2 --
Applicai, ion Nos. 84009, 84010 continued
4PApplication f',c 8 , EC,10
1. Spacial Use Permit approval ct;:t'It;;rl ige s up ';) <32. off -site accessory
parking stalls or, the central parking lot to t crest of the site.
i
5 ,2 8 q.3-
Member GeneLhotka introducedthefollowingresolutionandmoved
itsadoption:
RESOLUTIONNO. 84 ®112
RESOLUTIONAPPROVINGANDAUTHORIZINGEXECUTIONOFDECLARATION
OFCOVENANTSFORTHECONSTRUCTIONOFAPARKINGFACILITYON
TRACTC, R.L.S. 1564
BEITRESOLVED bytheCityCounciloftheCityofBrooklynCenter,
Minnesota, thatthedeclarationofcovenantsfortheconstructionofaparking
facilityonTractC, R.L.S. 1564betweentheCityofBrooklynCenterandShingle
CreekLandCompanyisherebyapproved. TheMayorandtheCityManagerarehere-
byauthorizedtoexecutesaidagreementonbehalfoftheCityofBrooklynCenter.
July23, 1984
Date Mayor
ATTEST:
1 /Cerk
Themotionfortheadoptionoftheforegoingresolution wasdulysecondedby
member BillHawes anduponvotebeingtakenthereon, thefollowing
votedinfavorthereof: DeanNyquist, GeneLhotka, BillHawes, andRichTheis;
andthefollowingvotedagainstthesame: none,
whereuponsaidresolution wasdeclareddulypassedandadopted.
Planning Commission Information Sheet
Application No. 95009
Applicant: City of Brooklyn Center
Location: Northwest Quadrant of Shingle Creek Parkway and Freeway Boulevard
Request: Rezoning and Planned Unit Development Approval
The City, along with various property owners, is seeking rezoning from I -1 (Industrial Park)
and C -2 (Commerce) to PUD /I -1 and approval for a Planned Unit Development to
accommodate and acknowledge appropriate common area parking for various developments
in the area located northwesterly of Shingle Creek Parkway and Freeway Boulevard. The
properties in question include 6601 and 6707 Shingle Creek Parkway (Parkway Place -Tract
G, RLS 1572 and Shingle Creek 11 -Tract A, RLS 1564 respectively); 6601 and 6701
Parkway Circle (General Litho site - Tract A, RLS 1572 and RCM Plaza -Tract B, RLS 1564
respectively); 2000, 2100 and 2200 Freeway Boulevard (vacant land -Tract B, RLS 1619,
Minnesota State High School League Office -Tract A, RLS 1619 and the Holiday Inn,
formerly Ramada Hotel -Tract B, RLS 1572 respectively); and the north and south portions of
the central parking lot -Tract C, RLS 1564 and Tract C, RLS 1572 respectively.
The area under consideration has operated under a Special Use Permit granted by the City
Council, which comprehended off -site accessory parking in a central parking lot to allow
flexibility in developing various office /industrial sites in this area. The plan also provided
for a private, non - public access road to be created to provide access to various development
parcels that were otherwise landlocked around the central parking lot . The first easement
agreement was executed and filed with the Register of Titles on February 5, 1982 creating
certain parking, driveway and access rights over the properties in this area. The easement
agreement is a complex document that has been amended numerous times over the years with
the most recent amendment being the 5th Amendment to Easement Agreement and
Declaration dated December 1, 1988. These amendments have reflected changing parking
allocations from the central parking lot to various properties as well as other elements related
to the central parking and access road.
The 6th Amendment will reflect new ownership of the central parking lot as well as new and
existing ownerships of the various properties in the area. Currently the site designated in the
agreement as proposed building No. 12 (Tract A, RLS 1572) has an incumbrance on it to
provide up to 153 parking spaces in a "proof of parking" for the sole use of the RCM Plaza
property (Tract B, RLS 1564). This incumbrance makes it impossible for the General Litho
development to go forward. General Litho was granted approval for an industrial building
under Planning Commission Application No. 95004 subject to a modification of the parking
agreement to lift that restriction. Their plan still calls for 20 parking stalls to be retained on
the General Litho site for the sole use of the RCM Plaza building.
At the time the Special Use Permit was originally granted for off -site parking allocations, theZD
City did not have provisions in its ordinances for a Planned Unit Development. The use of a
Planned Unit Development would have been the best way to acknowledge a development
is -29 - 95 1
The new proposed agreement, in addition to making new central parking allocations, would
also have First Industrial, L. P. take over ownership of and the responsibility to administer,
operate, maintain and regulate the central parking area. First Industrial has also acquired the
ownership of: RCM Plaza, or proposed building No. 10 (Tract B, RLS 1564);
Shingle Creek 11, proposed building No. 11 (Tract A, RLS 1564); and Parkway Place
proposed building No. 14 (Tract G, RLS 1572). The agreement would, based on experience
and a new allocation of parking, eliminate the requirement for a ramp agreement; would
allow, if necessary, the construction of at least 25 parking spaces in the landscape area;
would acknowledge that the Holiday Inn Property, Tract B RLS 1572, no longer needs an
allocation of 65 parking stalls in the central parking lot; would provide an additional 47
parking spaces on the outer perimeter of Parkway Circle; and would eliminate traffic control
signal agreements on Shingle Creek Parkway because they are no longer needed.
Attached for the Commission's review are an area map, an old area plan showing the
affected properties in the central parking lots, Exhibit B from previous easement agreements
and declarations showing the existing parking allocation, a drawing showing proposed
parking for 47 cars on the perimeter of Parkway Circle adding to the number of parking
spaces to be allocated and also showing 20 parking spaces on the General Litho site for RCM
Plaza's use. Also a copy of the 6th Amendment to Easement Agreement and Modification of
the Declaration for Parking. Particular attention should be made of that agreement's Exhibit
B showing new ownership and allocations to the central parking lot.
The new ownership listed in Exhibit B are as follows: RCM Plaza or proposed building No.
10 (Tract B, RLS 1564) - First Industrial; Shingle Creek 11 or proposed building No. 11
Tract A, RLS 1564) - First Industrial; the General Litho site or proposed building No. 12
Tract A, RLS 1572) - currently Shingle Creek Land Company; Parkway Place or proposed
building No. 14 (Tract G, RLS 1572) - First Industrial; The Holiday Inn, formerly Ramada
Hotel (Tract B, RLS 1572) - Plaza Real Estate Partners; and the central parking lot (Tract
C, RLS 1564 and Tract C, RLS 1572) - First Industrial.
It is believed that the elimination of the ramp agreement, the credit for proof of parking for
25 stalls over the landscaped area, the perimeter parking on Parkway Circle and the
relinquishment of 65 parking spaces allocated to the hotel are justified based on the
experience up to this time. The hotel's parking formula does not acknowledge some double
counting of parking. For instance, part of the formula is based on dining and drinking seats
and employees for these operations. Some 20 seats are breakfast room seats, which are
never used while the restaurant and night club are in use. Also, a number of guests in rooms
utilize dining and nightclub facilities. Parking for guests are counted in the 172 parking
spaces for rooms (one space per room). The ballroom and meeting rooms also will, to a
great extent, be utilized by guests already there. Finally, the hotel has never had to utilize
any of the 65 parking spaces from the central parking lot allocation.
The 47 spaces on the perimeter of the road should not create problems as there is enough
room to accommodate parallel parking on the outer perimeter. The drive lane is 40 ft. wide,
6 -29 - 95 2
while parallel parking requirements are 8 ft. wide with a 24 ft. wide drive lane.
Planned Unit Developments are Rezoning Applications. Attached is a copy of Section
35 -208 of the city ordinances relating to the Rezoning Evaluation Policy and Review
guidelines. It is the policy of the city that zoning classifications must be consistent with the
Comprehensive Plan and rezoning proposals shall not constitute "spot zoning" defined as a
zoning decision which discriminates in favor of a particular land owner, and does not relate
to the Comprehensive Plan or to accepted planning principles. Rezoning proposals should be
considered on their merits and measured against the above policy and various guidelines
listed should be weighed collectively or individually as deemed appropriate by the city.
The first guideline questions if there is a clear public need or benefit. It is believed that
there is a public need or benefit with the approval of the PUD designation and the revised
development agreement. It simplifies to a great extent a very complex set of agreements and
understandings. It also will free up a 153 car parking lot incumbrance on the General Litho
site, which will allow this development to go ahead consistent with the zoning ordinance
regulations.
The proposed zoning is consistent and compatible with surrounding land use classification.
In fact, a parcel of land at the very northwest corner of Freeway Boulevard and Shingle
Creek Parkway was rezoned to PUD /I -1 for development of a County Harvest Buffet. That
proposal has not gone forward, however, the PUD /I -1 Zoning designation has been
established. Also, the existing developments which include office /industrial buildings,
straight office buildings and a hotel are all consistent with and compatible with surrounding
land use classifications.
It appears that all permitted uses in the new proposed PUD /I -1 zoning classification can be
contemplated for development of the subject properties. These buildings have been in
existence for a number of years and the new development agreement will adequately reflect
the needed parking allocations for these uses.
It appears that with this City initiated rezoning proposal, there is a broad public purpose, that
being the allowing of the development of a substantial vacant parcel of land consistent with
the city zoning regulations. Also, it should be noted that based on previous plan approvals,
such as the General Litho approval, we can safely say that the subject property will bare
fully the ordinance development restrictions for the proposed zoning districts. With respect
to these comments, it is believed that this Planned Unit Development proposal is consistent
with Section 35 -208. the Rezoning Evaluation Policy and Review Guideline.
Also attached for the Commission's review is a copy of Section 35 -355 regarding Planned
Unit Development. It is believed that this proposed Planned Unit Development is consistent
with the development standards contained in Subdivision 3. Particular notice should be taken
of Subdivision 3d relating to parking. Parking is to be consistent with the parking
requirements contained in Section 35 -704 unless it can be demonstrated that a lesser standard
6 -29 - 95 3
should be permitted on the grounds of complimentary peak parking demands by the uses
within the PUD. The agreement would relieve the hotel of its requirement for an allocation
of 65 parking spaces in the central parking lot. As indicated previously, it can be stated that
there is some double counting of parking spaces already calculated in the parking
requirement and experience has shown that there has been no need for the hotel to utilize off -
site parking in the central parking lot. Existing uses of the land under their current
categories are all that is acknowledged by the approval of this Planned Unit Development.
Any changes to previously approved plans or new development such as on the Country
Harvest site will require an amendment to the Planned Unit Development prior to the
development or redevelopment of these properties.
As previously mentioned, this PUD /I -1 proposal is a rezoning with a specific development
agreement in hand. As such, it must go through the normal rezoning process. Generally,
rezonings are referred to neighborhood advisory groups. In this case, the Planning
Commission is the advisory group for this industrial park area. A public hearing has been
scheduled and notices have been sent. The Planning Commission should determine whether
or not they are prepared to make recommendations with respect to this Planned Unit
Development proposal at this meeting or if additional time and consideration is needed.
All in all, we believe the development agreement to be in order and I will prepare a draft
Planning Commission Resolution for the Commission's consideration at Thursday evening's
meeting. This resolution will outline the Commissions consideration of this matter and also
site recommended considerations for recommending approval of this PUD rezoning.
A ublic hearing has been scheduled and a notice of this consideration has appeared in thePgPP
Brooklyn Center Sun /Post. Notice was mailed to affected properties and neighboring
properties within 350 ft.
6 -29 -95 4
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EXNIBLT
B
Pursuant
to
Ili
of
Exhibit
B,
attached
to
and
made
a
part
of
the
instrument
entitled, "
Second
Amendment
to
Easement
Agreement
and
Declaration,"
dated
August
11,
1984,
filed
as
Document
No.
1597790,
Piles
of
the
Registrar
of
Titles
Second
Amendment "),
said
Exhibit
B
of
the
Second
Amendment
is
hereby
amended
to
read
as
follows:
Central
Parking;
Total
Area:
Current
Central
On -
Site
S
Total.
Pro -
Rata
Name
of
Location &
Amount:
Parking
Area
Total
Present
City
C.P.A. -
Building
Share
of
Buildin
Proposed
g)
Parcelreel
Of -
f
Site
ParParking
Allocation
On
Site
Parking
or
Other
Proposed
Costs
S
Owr
Buildin
No.
of
Land
Other
than
C.P.
Mad }
lereb
Park
n
R
i
e
ui
r
em
en
Off-Site
S
uare
P
e
Y_-
Pz
e
t
RCM
Plaza)
10
Tract
B
Part
of
Tract
A
0
176
329
329
74,699
0
Shingle
Creek
RLS
1564
RLS
1572
Plaza
II,
a
153
Minnesota
general
partnership
Shingle
Creek
11
Tract
A
0
102
50
152
152
70,246
35%
II)
Shingle
Creek
RLS
1564
Rleven,
a
Minnesota
general
partnership
N /
A)
12
Tract
A
0
0
0
0
0
0
0
Shingle
Creek
RLS
1572
Land
Company,
a
Minnesota
general
partnership
Parkway
Place)
14
Tract
G
0
121
156
277
277
70,000
42%
Shingle
Creek
RLS
1572
Plaza
II,
a
Minnesota
general
partnership
Ramada
Notel)
Hotel
Tract
B
0
65
428
493
493
23%
Plaza
Real
Site
RLS
1572
Estate
Partners,
a
Minnesota
general
partnership
TOTALS
153
288
810
1,251
1,251
100%
Tract
C,
RLS
1564
and
Tract
C,
RLS
1572 -
owner
is:
Shingle
Creek
Land
Company,
a
Minnesota
general
partnership).
774211/KU:jc /
10.19.87
SIXTH AMENDMENT TO EASEMENT AGREEMENT
6/ 9/ 95
AND MODIFICATION OF DECLARATIONS FOR PARKING
THIS SIXTH AMENDMENT TO EASEMENT AGREEMENT AND MODIFICATION
OF DECLARATIONS FOR PARKING (sometimes hereinafter called the "Sixth Amendment to
Easement Agreement ") entered into this _ day of 1995, by and among the City of
Brooklyn Center, a municipal corporation under the laws of Minnesota (hereinafter called the
City "); Shingle Creek Land Company, a Minnesota general partnership (hereinafter called "Land
Company "); First Industrial, L.P., a Delaware limited partnership (hereinafter called "First ");
Plaza Real Estate Partners, A Limited Partnership, a Minnesota limited partnership (hereinafter
called "PREP "); and Minnesota State High School League, a Minnesota nonprofit corporation
hereinafter called "League ").
RECITALS:
A.Land Company, First, PREP, and League (hereinafter collectively sometimes referred to
as the "Owners" and individually as an "Owner ") or their predecessors in interest in
ownership or control of the land legally described in Exhibit A attached hereto and made
a part hereof have heretofore entered into that certain Easement Agreement dated
February 5, 1981, filed as Document No. 1414568, Files of the Registrar of Titles, that
certain Amendment to Easement Agreement and Declaration, dated March 9, 1984, filed
as Document No. 1572021, Files of the Registrar of Titles, that certain Second
Amendment to Easement Agreement and Declaration (herein sometimes referred to as the
Second Amendment "), dated August 13, 1984, filed as Document No. 1597790, Files of
the Registrar of Titles, that certain Third Amendment to Easement Agreement (herein
sometimes referred to as the "Third Amendment "), dated July 21, 1986, filed as
Document No. 1748866, Files of the Registrar of Titles, that certain Fourth Amendment
to Easement Agreement and Declaration (herein sometimes referred to as the "Fourth
Amendment "), dated May 1, 1987, filed as Document No. 1830199, Files of the Registrar
of Titles, and that certain Fifth Amendment to Easement Agreement and Declaration
herein sometimes referred to as the "Fifth Amendment "), dated December 1, 1988, filed
as Document No. 2036563, Files of the Registrar of Titles (all of said documents being
hereinafter collectively referred to as the "Easement Agreement "), all for the purpose of
creating certain parking, driveway and access rights upon certain lands situated in the
County of Hennepin and State of Minnesota, more fully described therein.
B.Pursuant to the Easement Agreement, there was created a Central Parking Area consisting
of Tract C, Registered Land Survey No. 1564 and Tract C, Registered Land Survey No.
1572, all in Hennepin County (herein and in the Easement Agreement referred to as the
Central Parking Area "), allocated and assessed to Tracts A and B, Registered Land
Survey No. 1564, and Tracts A, B and G, Registered Land Survey No. 1572, all in
Hennepin County. As set forth on Exhibit B to the Fifth Amendment, currently the
Central Parking Area is allocated to Tract A. Registered Land Survey No. 1564, and
Tracts B and G. Registered Land Survey No. 1572, all in Hennepin County, with 65
parking spaces in the Central Parking Area allocated to Tract B. Registered Land Survey
No. 1572. Also, currently under the Easement Agreement, Land Company, which, as set
forth on Exhibit A to the Fifth Amendment, previously owned the real property upon
which the Central Parking Area is located, has the responsibility for administering and
operating and maintaining the Central Parking Area and assessing to the benefitted parties
the costs and expenses of the Central Parking Area.
C.The Fourth Amendment, as amended by the Fifth Amendment, created a landscape
easement h erein andnd in the Fourthourth Amendment referred as the Landscape Easement")
over, under, and across a portion of the Central Parking Area in favor of the City for
landscaping purposes.
D.The Third Amendment created a driveway easement (herein and in the Third Amendment
referred to as the "New Driveway" and also known as "Parkway Circle ") over and across
portions of Tracts A, B, C, D, F, and G, Registered Land Survey No. 1572, and Tract C,
Registere Land Survey o. 1564 Registered Land Surveyy, Hennepin County, as set forth
more fully in the Third Amendment, for the use and the benefit of the owners of all or
portions of what are now Tracts A, B, C, and G, Registered Land Survey No. 1572,
Tracts A. B, and C, Registered Land Survey No. 1564, and Tracts A and B, Registered
Land Survey No. 1619, Registered Land Survey, Hennepin County. Currently under the
Easement Agreement, Land Company has the responsibility for administering and
maintaining the New Driveway and assessing to the benefitted parties the costs and
expenses of the New Driveway. Currently, the Fire Department of the City has posted
No Parking" signs on the New Drivewaya
E.Land Company and the City have made and entered into that certain Declaration and
Contract for the Construction of a Parking Facility (herein and in the Easement
Agreement referred to as the "Ramp Agreement "), dated August 6, 1984, filed as
Document No. 1597791, Files of the Registrar of Titles, Hennepin County, Minnesota.
The Ramp Agreement permits the City to require Land Company to construct 185
additional parking spaces (a net of 157 spaces after loss of stalls used in construction) in
a parking ramp facility on the Central Parking Area.
F.Land Company, the City, and First, or their predecessors in interest in ownership or
control, have made and entered into that certain Declaration of Covenants, Restrictions
and Easement for Parking Purposes (herein referred to as the "Parking Declaration "),
dated December 16, 1987, filed as Document No. 1896176, Files of the Registrar of
Titles, Hennepin County, Minnesota. The Parking Declaration permits the City to require
Land Company to construct 153 parking spaces on a portion of Tract A, Registered Land
Survey No. 1572, Hennepin County, owned by Land Company, for the benefit of Tract
B, Registered Land Survey No. 1564, now owned by First.
G.Tract B, Registered Land Survey No. 1572, Hennepin County, owned by PREP, is no
longer in need of any of the 65 parking spaces allocated to it under the Central Parking
Area pursuant to Exhibit B to the Fifth Amendment.
H.upon PREP relinquishing its rights to use the Central Parking Area, First will be the
owner of all property bent and sharing the cost of the parking located on the Central
Parking Area. In addition, Land Company has no further interest in the parking located
on the Central Parking Area. Therefore, Land Company desires to relinquish
administration of the Central Parking Area and convey the Central Parking Area to First
and First is willing to assume administration of the Central Parking Area and accept
conveyance of the Central Parking Area. In connection therewith, separately Land
Company shall convey/ the Central Parking Area to First.
I.In view of the relinquishment of the 65 parking spaces referred to above and the
additional approximately 47 street parking spaces to be located on the New Driveway as
set forth below, the City is willing to release (i) the obligation to construct a parking ramp
on the Central Parking Area under the Ramp Agreement and (ii) the obligation to
construct additional parking on a portion of Tract A, Registered Land Survey No. 1572,
Hennepin County, under the Easement Declaration, provided that (a) Land Company
grants a perpetual, exclusive, parking easement for 20 parking spaces over a portion of
Tract A, Registered Land Survey No. 1572 in favor of Tract B, Registered Land Survey
No. 1564, now owned by First, and (b) First provides proof of parking for approximately
25 parking spaces in the area now set aside as the Landscape Easement. In view of the
combination of the Central Parking Area, the 20 space parking easement, and the new
substitute proof of parking, upon First providing the 25 parking spaces in the area now
set aside as the Landscape Easement, the City will release the Landscape Easement.
J.In view of the above, First desires to provide for a new allocation of the parking spaces
and the costs associated with the Central Parking Area which will be set forth on a new
Exhibit B attached hereto.
K.In view of the conveyance by Land Company to First of the Central Parking Area, Land
Company desires to relinquish administration of the New Driveway and First is willing
to assume administration of the New Driveway. In view of the revisions to the proof of
parking, the City is willing to allow parking on the outer portion of the New Driveway,
also known as Parkway Circle, which will permit parking for approximately 47 vehicles.
L.League is willing to join in this instrument with respect to the changes to the
administration of the New Driveway.
M. The City has determined that a certain traffic control signals is not necessary or
convenient and is willing to release that certain hereinafter specified declarationA
regarding a traffic control signals affecting a portions of the property described on
Exhibit A attached hereto.
NOW, THEREFORE, in consideration of the foregoing premises, the mutual covenants
and agreements herein contained and other good and valuable consideration, the receipt and
sufficiency of which is hereby acknowledged by each of the parties hereto, the parties agree,
covenant and declare as follows:
Y
Central Parking Area
1.Administration of Central Parking Area From and after the Effective Date (as
hereinafter defined), First assumes and agrees to perform all obligations and undertakings
and shall exercise all the rights of Land Company which it had prior to the Effective Date
under the Easement Agreement to administer, operate, maintain, and regulate the Central
Parking Area (subject to the reimbursement of costs and expenses provided therein) and
Land Company shall have no further obligations and undertakings and rights with respect
to the Central Parking Area.
2.New Allocation of Parking The parties agree that as of the Effective Date the allocation
of parking and pro rata share of costs and expenses upon the Central Parking Area shall
be as set forth in Exhibit B which is attached hereto and made a pan hereof by reference.
From and after the Effective Date, neither Land Company nor any future owners of Tracts
A or B, Registered Land Survey No. 172, Hennepin County, shall have any rights to
allocation of any of the parking upon the Central Parking Area. Any future alteration or
change to the allocation of parking in the Central Parking Area from that set forth on
Exhibit B attached hereto or any other change to the Easement Agreement regarding the
Central Parking Area may be effectuated by an instrument executed solely by First, its
successors and assigns, owner(s) of Tracts A, B, and C. Registered Land Survey No. 1564
and Tracts C and G, Registered Land Survey No. 1572, Hennepin County and the City
and the joinder of any other owner of real property described on Exhibit A attached
0
hereto shall not be required. The Central Parking Area shall be expanded or modified as
provided in Paragraph n7 of this Sixth Amendment and any additional parking spaces
added thereby shall be allocated as provided in this Paragraph and Exhibit B attached
hereto or by further amendment to the Easement Agreement as provided in this paragraph.
New Drivewav
3.Administration of New Driveway From and after the Effective Date, First assumes and
agrees to perform all obligations and undertakings and shall exercise all rights of Land
Company under the Easement Agreement to administer, operate, maintain, and regulate
the New Driveway (subject to the reimbursement of costs and expenses provided therein)
and Land Company shall have no further obligations and undertakings and rights with
respect to the New Driveway Area (except as an Owner of a Benefitted Parcel (as defined
in the Third Amendment)).
4.City Permission for Parking in the New Driveway The City hereby acknowledges
and agrees that it will permit parking on the outer portion of the New Driveway (also
known as Parkway Circle), subject to the limitations contained in the ordinances of the
City generally regarding on- street parking (but in no event shall there be less than 47
allowed parking spaces), and will cause the Fire Department to remove the "No Parking"
signs on the outer portion of the New Driveway.
uw
4
New Proof of Parkins
5.Termination of Parking Declarations
a) The City and Land Company hereby release and terminate the Ramp
Agreement and neither Land Company nor any future owner of the Central Parking Area
including First) shall have any further obligation under the Ramp Agreement to construct
a parking ramp on the Central Parking Area.
b) The City, Land Company, and First hereby release and terminate the
Parking Declaration and neither Land Company nor any future owner of Tract A,
Registered Land Survey No. 1572. Hennepin County, shall have any obligation under the
Parking Declaration to construct parking for the benefit of Tract B, Registered Land
Survey No. 1564, Hennepin County.
6.Parking Facility on Tract A. Registered Land Survey No. 1572 Land Company,
as owner of Tract A, Registered Land Survey No. 1572, Hennepin County, Minnesota,
hereby grants and conveys unto First, as owner of Tract B, Registered Land Survey No.
1564, Hennepin County, Minnesota, for the benefit of said owner, its tenants, and invitees,
an exclusive, perpetual easement for parking purposes over and across that portion of
Tract A, Registered Land Survey No. 1572, Hennepin County, Minnesota, legally
described on Exhibit C attached hereto. On or prior to June 1, 1996, the City, at its
expense, shall construct 20 parking spaces on said easement parcel (First hereby granting
a temporary easement to the City for said construction). First, as owner of Tract B,
Registered Land Survey No. 1564, shall maintain said 20 parking spaces. At any time
hereinafter, upon the request and at the sole expense of First, Land Company, shall
execute and deliver to First a quitclaim deed to the real property described on Exhibit C
attached hereto. Nothing..<contained herein shall deemed to constitute a' consent or
approval of the City to such conveyance.
7.Construction of Parking on Landscape Easement First, as owner of the Central
Parking Area, including the Landscape Easement, at any time may remove the landscape
furniture, plantings, and appurtenances located in the Landscape Easement and construct
25 parking spaces upon the Landscape Easement. In addition, First shall do so within
three (3) months of notice of certification by the City that the then - current parking spaces
available to parcels benefitted by the Central Parking Area are inadequate to
accommodate parking of motor vehicles of all persons using the facilities which are
constructed upon Tracts A and B, Registered Land Survey No. 1564 and Tract G,
Registered Land Survey No. 1572, Hennepin County. Said parking shall be constructed
in accordance with all applicable ordinances and regulations of the City. First shall bear
all costs and expenses for removal of the landscape furniture, plantings, and
appurtenances and for construction of said parking spaces. Upon completion of
construction of said parking spaces, said parking spaces upon the Landscape Easement
shall be deemed part of the Central Parking Area for all purposes and the City and the
First shall execute a further amendment to the Easement Agreement terminating and
releasing the Landscape Easement.
Mw
5
Miscellaneous
8.Effective Date The Effective Date of this Sixth Amendment shall be
1995.
9.League.League, as owner of Tract A, Registered Land Survey No. 1619, Hennepin
County, hereby consents to and joins in this Sixth Amendment with respect to Paragraph
3 hereof only.
10. Consent of Citv The City hereby consents and agrees to the terms of this Sixth
Amendment to Easement Agreement.
11. Stripping of Parkwav Circle First, at its expense, shall cause the stripping of the
parking spaces on Parkway Circle and a cross -walk on the North side of Parkway Circle.
12. Release and Indemnification of the First Land Company hereby releases and shall
indemnify First and Travelers Insurance Company ( "Travelers ") from any claims or causes
of action of Land Company against First's predecessor in interest, ATravelersn, for or
relating to costs or expenses of the Central Parking Area or the New Driveway for the
period prior to First acquiring an interest in the properties benefitted by the Central
Parking Area or the New Driveway;. provided, however, that in the event that Travelers
commences litigation or other legal proceedings against Land Company; Land Company
reserves the right to defend and raise any counterclaims against Travelers.
13. Termination of Declaration of Covenants Regarding Traffic Control Signals The
City hereby releases and terminates the Declaration of Covenant, and Construction
Agreement for a Traffic Control Signal, dated October 3, 1983, filed April 12, 1984, as
Document No. 157202211.
14. No Merger This Sixth Amendment to Easement Agreement shall not merge with any
deed or instrument of conveyance and shall survive the same.
15. Incorporation of Recitals The recitals contained in this Sixth Amendment to Easement
Agreement are hereby incorporated by reference herein as if fully set forth.
16. Conveyance of Central Parking Area Simultaneously with the execution and delivery
of this Sixth Amendment to Easement Agreement, Land Company shall execute and
deliver a warranty deed to First conveying marketable title to the Central Parking Area.
17. Acknowledgement by City The City hereby acknowledges and states that there are no
outstanding obligations to the City in the form of payment of monies or the construction
of improvements by First or Land Company by or because of ownership of any real
property described on Exhibit A attached 'hereto or the Central Parking Area, except as
specifically set forth in this Sixth Amendment to Easement Agreement and except for
taxes and special assessments now or hereinafter due. In addition, the City hereby
acknowledges that the properties owned by First described on Exhibit A attached hereto
M ` -,=6
are as of the Effective Date in compliance with the zoning and parking laws and
ordinances of the City.
18. Consent of Mortgagee The First National Bank of Chicano, holder of a mortgage
on the properties described on Exhibit A attached hereto owned b}' First, hereby joins in
this Sixth Amendment to Easement Agreement and agrees to be bound by all of the
terms, covenants, conditions and easements contained in this Sixth Amendment to
Easement Agreement, and consents thereto.
19. Pavment by Land Companv to First upon execution of this Sixth Amendment to
Easement Agreement, Land Company shall pay to First the sum of $47,000.00.
20. No Other Changes Except as specifically provided in this Sixth Amendment to
Easement Agreement, the Easement Agreement shall remain unchanged and in full force
and effect.
21. Representation of Ownership The parties hereto, except the City, hereby covenant
and represent to each of the parties hereto that they are the record owners of the real
property as set forth and described in Exhibit A attached hereto and made a part hereof
by reference, and that said real property is not subject to any mortgages, deeds of trust,
or contracts for deed, except as set forth in Exhibit A.
22. Covenants Run With the Land This Sixth Amendment to Easement Agreement shall
run with the land as described in Exhibit A, which is attached hereto and made a part
hereof by reference, and shall be for the benefit of and binding upon the parties hereto,
their respective successors and assigns, including mortgagees of the property subject
hereto upon foreclosure, deed in lieu or foreclosure or other acquisition of ownership of
any such property, but the parties hereto, their respective successors or assigns, shall
accrue and bear personal liability for the performance of the obligations and covenants
set forth herein or in the Easement Agreement only during such times that they hold title
to the respective tracts of land described in Exhibit A attached hereto, and all such
liabilities and obligations incurred after any transfers thereof shall accrue solely to the
transferee.
23. Notices Any notice, demand request or other communication which may or shall
be given or served by any party hereto to or on another party hereto shall be deemed to
have been given or served on the date the same is deposited with a nationally recognized
overnight courier or in the united States mail, registered or certified, postage prepaid, in
either case addressed as follows:
If to City:City of Brooklyn Center
6301 Shingle Creek Parkway
Brooklyn Center, MN 55429
7
With a Copy to:
Charles L. LeFevere, City Attorney
s
Holmes & Graven, Chartered
470 Pillsbury Center
200 South Sixth Street
Minneapolis, MN 55402
If to Land Company:Shingle Creek Land Company
c/o Brookstone Real Estate Services, Inc.
3300 Edinborough Way, Suite 207
Edina, MN 55435
With a Copy to:
James Richardson & Sons, Ltd.
Richardson Building
One Lombard Place
Winnipeg, Manitoba R3BOY 1
Canada
Attention: David Fraser
If to First:First Industrial, L. P.
c/o First Industrial Realty Trust, Inc.
7615 Golden Triangle Drive, Suite N
Eden Prairie, MN 55344
Attention: General Manager.
With a Copy to:
Barack, Ferrazzano, Kirschbaum
Perlman
333 West Wacker Drive, Suite 2700
Chicano, Ill. 60606
Attn: Howard A. Nagelberg and Suzanne
Bessette -Smith n
If to PREP:Plaza Real Estate Partners
c/o Brookstone Real Estate Services, Inc.
3300 Edinborough Way, Suite 207
Edina, MN 55435
With a Copy to:
James Richardson & Sons, Ltd.
Richardson Buildlne
One Lombard Place
Winnipeg, Manitoba R3BOYI
Canada
Attention: David Fraser
or to such other address as the respective parties may from time to time designate by
notice given ten (10) days prior to the effective date of such change of address, in the
manner above provided.
9
IN WITNESS WHEREOF, the parties hereto have caused this instrument to be duly
executed as of the date first written above.
SHINGLE CREEK LAND COMPANY, a MINNESOTA STATE HIGH SCHOOL
Minnesota general partnership LEAGUE. a Minnesota non - profit
corporation
By
Its General Partner By
Its
FIRST INDUSTRL4L, L.P., a Delaware
limited partnership
THE FIRST NATIONAL BANK OF
By: First Industrial Realty Trust, Inc.,CHICAGO
a Maryland corporation and
its sole general partner
By
By Its
Its
CITY OF BROOKLYN CENTER
By
Its Mayor
By
Its City Manager
PLAZA REAL ESTATE PARTNERS, A
LIMITED PARTNERSHIP, a Minnesota
limited partnership
By
Its
STATE OF
SS.
COUNTY OF
The foregoing instrument was acknowledged before me this _day of 1995, by
the general partner of Shingle Creek Land Company, a general
partnership under the laws of Minnesota, by and on behalf of said partnership.
Notary Public
STATE OF
SS.
COUNTY OF
The.foregoing instrument was acknowledged before me this day of 1995, .
by the of First Industrial Realty Trust, Inc..,; a
Maryland corporation, the sole general partner of First Industrial, L. P., a limited partnership
under the laws of Delaware, by and on behalf of said partnership.
Notary Public
STATE OF MINNESOTA
SS.
COUMI - Y OF HENNEPIN
The foregoing instrument was acknowledged before me this day of 1995;
by and the Mayor and City Manager, respectively,
of The City of Brooklyn Center, a municipal corporation under the laws of Minnesota, by and
on behalf of said corporation.
Notary Public
vh - .1
STATE OF
SS.
COUNTY OF
The foregoing instrument was acknowledged before me this _ day of 1495, by
the general partner of Plaza Real Estate Parmers, a limited partnership under
the laws of Minnesota, by and on behalf of said partnership.
Notary Public
STATE OF MINNESOTA
SS.
COUNTY OF HENNEPLIN
The foregoing instrument was acknowledged before me this day of 1995,
by the of Minnesota State High School League, a non -profit
corporation under the laws of Minnesota, by and on behalf of said corporation.
Notary Public
STATE OF
SS.
COUNTY OF
The foregoing instrument was acknowledged before me this day of.1995,
by the of The First National Bank of Chicago, a corporation under
the laws of the United States, by and on behalf of said corporation.
Notary Public
This document drafted by:
HOLMES & GRAVEN, CHARTERED
470 Pillsbury Center
Minneapolis, MN 55402 (LMW)
BR 305 -46
12
EXHIBIT A
LA'_vDS D REGISTERED LAND SURVEY
NO. 1564. REGISTERED LAND SURVEY
NO. 1572, A ND REGISTERED LAND SURVEY
NO. 1619 OWNED BY THE PARTIES AS OF THE
DATE OF THIS SIXTH AMENDMENT TO EASEMENT
AGREEMENT AND MODIFICATION OF DECLARATIONS
OF PARKING
FIRST INDUSTRIAL, L.P.Tracts A. B, and C, Registered Land Survey
No. 1564; Tracts C and G, Registered Land
Survey No. 1572
SHINGLE CREEK LAND COMPANY Tract A. Registered Land Survey No.
1572; Tract B, Registered Land
Survey No. 1619
PLAZA REAL ESTATE PARTNERS, A
LIMITED PARTNERSHIP Tract B, Registered Land Survey No. 1572
MINNESOTA STATE HIGH SCHOOL
LEAGUE Tract A, Registered Land Survey No.
1619
MORTGAGEES
CITICORP REAL ESTATE, INC.Tract B, Registered Land Survey No. 1572
COMMERCIAL STATE BANK LNT ST. PAUL Tract A, Registered Land Survey No.
1619
THE FIRST NATIONAL BANK OF CHICAGO Tracts A, B, and C, Registered Land
Survey No. 1564; Tracts C and G,
Registered Land Survey No. 1572
EXIIIBIT
11
Pursuant
to
III
of
Exhibit
I3,
attached
to
and
made
a
part
of
the
instrument
entitled, "
Second
Amendment
to
Fasement
Agreement
and
Declaration,"
dated
August
13,
1984,
filul
as
Document
No.
1597790.
Files
of
the
Registrar
of '
Titles
Second
Amendment "),
said
Exhibit
13
of
the
Second
Amendment
is
hereby
amended
to
read
as
follows:
Current
Central
Total
Central
Parking;
Proposed
Parking;
Area
Building;
Area:
Pro -
Rata
Name
of
Building
No.
Parcel
of
Allocation
Proposed
Share
of
Costs
Building; (
honer
land
Made
hereby
Square
Feet
and
Expenses
RCM
Plaza)
lU
Tract
13
118
74,699
41%
First
Industrial,
L.P.
RLS
1.564
Shingle
Creek
II)
11
Tract
A
49
70,246
17%
First
Industrial,
L.P.
RLS
1564
N /
A)
12
Tract
A
0
0
0
Shingle
Creek
Land
RLS
1572
Company,
a
Minnesota
general
partnership
Parkway
Place)
14
Tract
G
121
70,000
42%
First
Industrial,
L.P.
RLS
1572
Ramada
Ilotel)
Ilotel
Site
Tract
13
O
0
Plaza
Real
Estate
Partners,
a
RLS
1572
Minnesota
general
partnershipTO'T'ALS
288
100%
Tract
C,
RLS
1564
and "
Tract
C,
RLS
1572 -
owner
is:
First
Industrial,
L.P.
EXHIBIT C
PARKING EASEMENT OVER A PORTION OF TRACT A.
REGISTERED LAND SURVEY N0. 1572, HENNEPIN COUNTY, MLN NESOTA
CONSENT AND JOD DER
Commercial State Bank in St. Paul, holder of a mongage on a portion of the property
subject to the foregoing instrument, hereby consents and joins in the foregoing instrument so as
to subject it interest thereto.
COMMERCIAL STATE BANK IN
ST. PAUL
By
Its
STATE OF MINNESOTA
SS.
COUNTY OF
The foregoing instrument was acknowledged before me this day of
1995, by the of Commercial State Bank in St. Paul, ,a
banking corporation under the laws of Minnesota, by and on behalf of said corporation.
Notary Public
4 .16
CONSENT AND JOD DER
Citicorp Real Estate, Inc., holder of a mortgage on a portion of the property subject to the
foregoing instrument, hereby consents and joins in the foregoing instrument so as to subject it
interest thereto.
CITICORP REAL ESTATE, INC.
By
Its
STATE OF
SS.
COUNTY OF
The foregoing instrument was acknowledged before me this day of
199 by the of Citicorp. Real . Estate,. -Inc., a
corporation under the laws of by and on behalf of said
corporation.
Notary Public
17
E
x
h
i
b
i
t
C
1
2
/
1
8
/
2
0
1
8
2
0
1
9
-
0
0
3
TRANSTRANSEPEP
TRA
N
S
& E
P
EP
EP
EP EP
EP
EP EPTRANS
TRANS
EP
EP EP EP
EP
EP
EP
FD
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EPTRANS EP TRANS EP EP EP EP EP TRANS
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EP
EP
ELEC. EQUIP.
Minnetonka, MN 55343
4350 Baker Road, Suite 400
952.897.7874 Fax: 952.897.7740
Leased and Managed By:
Freeway Business Center Site Plan
Shingle Creek Parkway & Parkway Circle
Brooklyn Center, MN 55430 Mike Harrer (952) 924.4829
Leasing Contacts:
Matt Oelschlager (952) 924.4848
800 LaSalle Ave., Suite 1900
Minneapolis, MN 55435
6701 Parkway Circle
6101 Shingle Creek
Parkway
Travelers Express Company
74,850 SF - Office
287 Parking Stalls (Per Lease Agreement)
Recreation Fire & Miracles
3 Weekday Staff Members
3 Parking Stalls
Mainstay Medical
9,420 SF - Office; 1,602 SF - Warehouse
55 Parking Stalls
Vacancy
14,632 SF - Office; 861 SF - Warehouse
77 Parking Stalls
Proposed Hamilton / Hajoca
8,148 SF - Office; 27,331 SF - Warehouse
177 Parking Stalls
M E M O R A N D U M
DATE: January 7, 2019
TO: Ginny McIntosh, City Planner/Zoning Administrator
FROM: Andrew Hogg, Assistant City Engineer
SUBJECT: PUD Review –6601 Shingle Creek
Public Works Department staff reviewed the following documents submitted for review on
December 27, 2019, for 6601 Shingle Creek PUD review:
Subject to final staff Site Plan approval, the referenced plans must be revised in accordance with the
following comments/revisions and approved prior to PUD approval:
Miscellaneous
1. Accessibility shall comply with ADA standards.
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.
Exhibit D
MEMORANDUM
Date: January 10, 2019
To: Ginny McIntosh, City Planner/Zoning Administrator
From: Dan Grinsteinner, Building Official
Subject: Preliminary Review –6601 Shingle Creek Parkway (PUD Amendment)
1)A SAC determination from MET Council will need to be provided for the new occupancy in the
existing space.
2)Separation between the S1 storage area and the Existing A3 Church will need to comply per
MNBC 508.4
3)Separate permit for Storage racking unless included in the main tenant remodel package is
provided. Storage shall indicate height, racking details, commodity, aisle widths and type of
existing heads in the storage area.
Exhibit E