HomeMy WebLinkAbout2019 09-12 PCP PLANNING COMMISSION AGENDA
CITY OF BROOKLYN CENTER
September 12, 2019
1. Call to Order: 7:00 PM
2. Roll Call
3. Approval of Regular Meeting Agenda
a. Motion to Approve Planning Commission Regular Session Meeting Agenda for
September 12, 2019
4. Approval of Minutes
a. Motion to Approve August 15, 2019 Regular Session Meeting Minutes
5. Chairperson's Explanation
The Planning Commission is an advisory body. One of the Commission's functions is to
hold public hearings. In the matters concerned in these hearings, the Commission makes
recommendations to the City Council. The City Council makes all final decisions in these
matters.
6. Planning Items
a. Planning Commission Application No. 2019-015 (Public Hearing)
Applicant: City of Brooklyn Center
Summary: The Applicant is requesting consideration of a request to
amend Section 35-331 of the City Code of Ordinances, which
would allow for places for religious assemblies within the I-2
(General Industry) District as a Special Use.
7. Discussion Items
a. City Council Meeting Update
b. Follow-up on August 29, 2019 Joint Advisory Committee/Commission Session
on the Opportunity Site
c. Opportunity Site Master Plan Open House #1
(September 19, 2019—Brookdale Library)
d. APA-MN Conference (September 25-27, 2019)
8. Other Business
None.
9. Adjournment
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MINUTES OF THE PROCEEDINGS OF THE PLANNING COMMISSION
OF THE CITY OF BROOKLYN CENTER IN THE COUNTY OF
HENNEPIN AND THE STATE OF MINNESOTA
AUGUST 15, 2019
1. CALL TO ORDER
The Planning Commission meeting was called to order by Chair Christensen at 7:00 p.m.
2. ROLL CALL
Chair Randall Christensen, Commissioners Alexander Koenig, Jack MacMillan, Stephen
Schonning, Rochelle Sweeney, and Susan Tade were present. City Planner and Zoning
Administrator Ginny McIntosh was also present.
3. APPROVAL OF AGENDA – AUGUST 15, 2019
There was a motion by Commissioner Tade, seconded by Commissioner Schonning, to approve
the agenda for the August 15, 2019 meeting as presented. The motion passed unanimously.
4. APPROVAL OF MINUTES – JULY 11, 2019
There was a motion by Commissioner MacMillan, seconded by Commissioner Koenig, to
approve the minutes of the July 11, 2019 meeting as presented. The motion passed unanimously.
5. CHAIR’S EXPLANATION
Chair Christensen 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. 2019-014 (Public Hearing)
Applicant: City of Brooklyn Center
Summary: The Applicant is requesting consideration of a request to
amend Section 35-2240 of the City of Brooklyn Center
Zoning Ordinance (CC Central Commerce Overlay
District) to clarify permitted and prohibited uses within
said District.
City Planner and Zoning Administrator Ginny McIntosh reviewed a request for Planning
Commission consideration of an amendment to Section 35-2240 of the Brooklyn Center Zoning
Ordinance related to the Central Commerce Overlay District (CCOD). She added this
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amendment is proposed to provide clarification with regard to allowed and prohibited uses
within the District. She noted the applicant for this request is the City of Brooklyn Center.
Ms. McIntosh stated the majority of the area contained within the Central Commerce Overlay
District holds a future land use designation of Transit-Oriented Development (TOD) in the 2040
Comprehensive Plan. She noted the proposed text amendments would both address short-term
issues and bring the Ordinance into better alignment with the future land use plan and overall
2040 Comprehensive Plan.
Ms. McIntosh stated the proposed redevelopment district would specifically remove or restrict
certain auto-oriented uses that would be in conflict with the identified TOD. She noted that
although greater restrictions would be placed on such uses as auto repair shops, gas stations, and
truck and trailer rental establishments, stand-alone car washes would be permitted within the
CCOD.
Ms. McIntosh stated the TOD is a new land use designation with a minimum of 75-percent high-
density residential and a mix of commercial uses. She added the TOD District emphasizes multi-
modal connections to transit in a walkable, bikeable, vibrant core of the City. She noted Shingle
Creek Crossing is located within the TOD District, and although it is an auto-oriented area, a
more transit-minded development pattern can still be envisioned, and is noted in the 2040
Comprehensive Plan.
Ms. McIntosh stated that as the City’s Zoning Ordinance is in the process of being updated, it is
anticipated that the CCOD will ultimately either be eliminated or significantly altered from its
current form. Any amendments addressed will therefore be inherently temporary while the City
completes the Zoning Ordinance rewrite work and the rest of the master planning work currently
underway, which may be affected by changes to the Overlay District.
She further noted that the proposed amendments are written to protect any business, such as auto
repair shops and gas stations that remain in active use. Any use that is discontinued for a period
of 12 months or more would not be allowed to resume and would be required to comply with the
amended provisions of Section 35-2240.
Ms. McIntosh stated City Staff recommends approval of Resolution 2019-012, recommending
City Council approval of certain amendments to Section 35-2240 of the Zoning Ordinance for
the Central Commerce Overlay District, based on the findings of fact.
OPEN TO PUBLIC COMMENTS – APPLICATION NO. 2019-014
There was a motion by Commissioner Koenig, seconded by Commissioner Sweeney, to open the
public hearing on Application No. 2019-014. The motion passed unanimously.
Harlan Daudt, 6000 York Avenue N, requested clarification that the area in question is north of
Bass Lake Road, East of Shingle Creek Parkway, west of Highway 100 and north to Target. He
asked whether that area is designated entirely for commerce, and allows for no housing.
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Ms. McIntosh stated the area Mr. Daudt is referring to is called “the Opportunity Site.” The
Opportunity Site is located within the Central Commerce Overlay District, but does not make up
the entire Central Commerce Overlay District. The City owns approximately 35 acres of the
designated 81-acre Opportunity Site. She added there is currently a Master Plan update in
development for this particular area. Under the 2040 Comprehensive Plan, the site is designated
“Transit Oriented Development (TOD). Although the area is currently zoned C2 (Commerce)
District, the Zoning Ordinance update currently underway may result in future changes to the
existing zoning districts to align with the comprehensive plan. She reiterated to Mr. Daudt that
the City was not looking to re-zone the Opportunity Site that evening, but rather address the
allowed and prohibited uses within the Central Commerce Overlay District.
Mr. Daudt asked how zoning is changed. Ms. McIntosh stated zoning amendments are a formal
process that involves review and consideration by the Planning Commission and City Council,
with final approval from the City Council.
Mr. Daudt asked for clarification regarding the term “overlay district”.
Ms. McIntosh stated Overlay Districts typically apply an extra level of regulations or
development criteria over a standard, underlying zoning district, such as a C2. She reiterated that
a re-zoning was not on for discussion this evening.
Mr. Daudt asked why the City put a moratorium for development on the Opportunity Site except
for apartments. Ms. McIntosh stated that the moratorium is for all properties within the
designated Opportunity Site and is intended to allow time for the City to update the Master Plan
for the site, ensure any regulatory changes are in place for the plan, and allow for any other
changes necessary to bring the identified land use designations noted in the 2040 Comprehensive
Plan into alignment.
Ms. McIntosh noted that she was not aware of any provision that allowed for apartment type
projects not to be subject to the moratorium. The moratorium is site-wide and would require a
lifting of the moratorium by City Council in order for a building to be approved for construction
within the site during the time under which the moratorium is in force.
Chair Christensen stated the public hearing is related to this agenda item only, which is a
proposed Zoning Ordinance amendment relating to the allowed and prohibited uses within the
Central Commerce Overlay District.
Mr. Daudt stated he does not want any more apartments in Brooklyn Center. He requested a
copy of Ms. McIntosh’s presentation. Ms. McIntosh provided a paper copy of her presentation to
Mr. Daudt.
MOTION TO CLOSE PUBLIC COMMENTS (HEARING)
There was a motion by Commissioner MacMillan, seconded by Commissioner Sweeney, to close
the public hearing on Application No. 2019-014. The motion passed unanimously.
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Chair Christensen requested clarification regarding the proposed prohibition of truck and trailer
rental establishments. Ms. McIntosh stated that is an issue related to intensity of use.
Commissioner Tade stated she was confused about secondhand merchandise businesses, and
whether they are permitted or prohibited. Ms. McIntosh stated the amendment attempts to
clarify conflicting language currently in the Central Commerce Overlay District. In the current
Zoning Ordinance, “Antiques and Secondhand Merchandise” is a permitted use within the
Central Commerce Overlay District, but “pawn shops” and “secondhand goods dealers” is also
identified as a prohibited use within the Central Commerce Overlay District. The proposed
amendment would strike “Antiques and Secondhand Merchandise” from the permitted uses
category. “Pawn shops” and “secondhand goods dealers” would therefore be prohibited within
the Central Commerce Overlay District.
Commissioner Tade asked why secondhand goods businesses would be prohibited. Ms.
McIntosh stated those types of establishments would be prohibited as they are not considered
desirable in what would be considered Brooklyn Center’s core. She added the list of prohibited
uses is being expanded to include auto repair establishments, gas stations, truck and trailer rental
establishments, and indoor storage establishments. These establishments are in conflict for what
has been determined to be consistent with TOD and commercial mixed use land use designations
identified in the 2040 Comprehensive Plan and the vision for this area.
Commissioner MacMillan asked why stand-alone car washes would be a permitted use, as it
seems to be in conflict with walkability and traffic issues. Ms. McIntosh stated there was a
stand-alone car wash in this area before it closed, and it was clear through the Comprehensive
Plan process that residents want to have that as an amenity. She noted that the current Zoning
Ordinance is restrictive when it comes to car washes, as they are only allowed in the C2
(Commerce) District through special use or I2 District as a permitted use and cannot abut any
R1, R2, or R3 District properties, including abutment at the street line. When looking at the
City’s zoning map, this severely limits where car washes can be within the City, particularly as
the majority of the C2 properties are located within the CCOD and of those C2 properties along
Brooklyn Boulevard, almost all abut R1 properties.
Commissioner Koenig stated he supports Mr. Daudt’s comments, as he is concerned about high-
density apartments in this area.
Ms. McIntosh stated the 2040 Comprehensive Plan has designated this area as TOD, and 75% of
the land use is set aside for high-density residential.
Commissioner MacMillan asked whether firearms sales are permitted.
Chair Christensen stated that is a good question, as a sporting goods store that sells guns would
probably be permitted.
Ms. McIntosh stated pawn shops and secondhand goods dealers would not be allowed, which
would potentially sell secondhand firearms, but she is unsure about sales of new firearms.
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ACTION TO RECOMMEND APPROVAL OF PLANNING COMMISSION RESOLUTION
NO. 2019-012 REGARDING THE RECOMMENDED DISPOSITION OF PLANNING
COMMISSION APPLICATION NO. 2019-014 FOR ADOPTION OF A ZONING
AMENDMENT REGARDING THE CC CENTRAL COMMERCE OVERLAY DISTRICT
There was a motion by Commissioner Sweeney, seconded by Commissioner Schonning, to
approve Planning Commission RESOLUTION NO. 2019-012 amending Section 35-2240 (CC
Central Commerce Overlay District) of the City of Brooklyn Center Zoning Ordinance to clarify
permitted and prohibited uses within said District.
Voting in favor: Chair Christensen, Commissioners, MacMillan, Schonning, Sweeney, and Tade.
And the following voted against the same: Commissioner Koenig
The motion passed (5 in favor to 1 against).
Mr. Daudt noted that the City calendar on the website shows that this Planning Commission
meeting would be held “all day”. Ms. McIntosh agreed to talk to the City Clerk about changing
that format.
Mr. Daudt stated these are big decisions and putting a small legal notice in the Sun Post
newspaper does not reach most residents. He added some people do not have computers, or do
not check their email regularly. He noted every resident should get a notice in the mail.
7. DISCUSSION ITEMS
7a) CITY COUNCIL MEETING UPDATE
Ms. McIntosh stated the City Council’s July 22, 2019 meeting coincided with Youth in
Government Day, during which BrookLynk interns were involved in City government events
including a meeting with Opportunity Site developer, Alatus, and participation in the City
Council meeting.
Ms. McIntosh stated the following Planning items were reviewed at the City Council’s July 22,
2019 meeting: Eastbrook Estates 2nd Reading, including the revised final plat specifically
addressing stormwater ponding maintenance; Medtronic’s chiller plant addition was approved;
and the Emerson EDA addition was approved for preliminary and final plat. She added the EDA
approved Novak-Fleck as developer for a single-family house at the southwest corner of
Emerson and 54th Avenue North.
Ms. McIntosh stated the City Council approved a Rezoning and Special Use Permit, as well as
site and building plan approval for Christy’s Auto Repair at 5300 Dupont Avenue North.
Ms. McIntosh stated City Staff are putting together a Zoning Task Force and community
engagement plan for the Opportunity Site, and working with non-profits and community
organizations to do outreach to underrepresented communities. She added the Task Force will
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be a stakeholder group selected by City Council, and will work directly with City Staff to
provide recommendations to the Planning Commission and City Council.
Ms. McIntosh stated a sub-group of the Zoning Task Force is proposed to review the Sign Code
as part of the Becoming Brooklyn Center project.
Ms. McIntosh stated the Planning Commission’s September 2019 meeting will include a review
of a proposal to open a mosque and community center in the I-2 Zoning District. She added the
I-2 District does not currently allow for places of assembly. The City Council is requesting that
the Planning Commission recommend potential text amendments related to this proposal to allow
a provision for religious uses in the I-2 District.
Ms. McIntosh stated the Planning Commission may also review a request for a re-approval of a
Special Use Permit from the owner of the former Earle Brown bowling alley, which was
approved last year for use as an event center. She added that the originally issued Special Use
Permit had expired as work had not commenced in the identified one year period following City
Council approval.
7b. JOINT ADVISORY COMMITTEE/COMMISSION SESSION (AUGUST
29, 2019)
Ms. McIntosh stated a Joint Advisory Committee meeting is scheduled for August 29, 2019 at
6:00 p.m. at the Community Center in the Cohen Room, located on the 2nd floor. She asked that
the Commissioners contact her if they plan to attend as there will be food.
7c. APA-MN CONFERENCE (SEPTEMBER 25-27, 2019)
Ms. McIntosh stated the annual American Planning Association – Minnesota Chapter
Conference will be held at Breezy Point from September 25-27, 2019. She added there is money
in the budget for Planning Commissioners to attend this conference if interested and to let her
know as soon as possible.
8. OTHER BUSINESS
Ms. McIntosh stated Lux Apartments is hosting an Open House for City Councilmembers,
Commissioners, and City Staff on August 21, 2019 from 3:00-6:00 p.m.
Ms. McIntosh stated a recent article was published in Finance and Commerce regarding the
Coalition Project development proposal in Brooklyn Center, whose purchase agreement was
executed, but the project is currently on hold. She added the article indicated that the current
multi-family vacancy rate in Brooklyn Center is 1.4 percent.
Chair Christensen asked whether there are any updates on the search for a new Planning
Commissioner. Ms. McIntosh stated she does not have an update, but she would check into it.
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Mr. Daudt asked whether there is an update on the Zoning Task Force that was discussed at the
last City Council meeting. Ms. McIntosh stated ballots were given to City Council, but staff was
awaiting the final listing of the identified Task Force members. She added the Task Force will
ultimately provide guidance to the Planning Commission and City Council on the update to the
Zoning Ordinance.
9. ADJOURNMENT
There was a motion by Commissioner Schonning, seconded by Commissioner Koenig, to
adjourn the Planning Commission meeting. The motion passed unanimously. The meeting
adjourned at 8:05 p.m.
_______________________________ _______________________________
Ginny McIntosh, Secretary Randall Christensen, Chair
App. No. 2019-015
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Planning Commission Report
Meeting Date: September 12, 2019
Application No. 2019-015
Applicant: City of Brooklyn Center
Request: Amend Section 35-331 (General Industry) of the City Code of Ordinances to allow
Religious Uses as a Special Use within the I-2 (General Industry) District
REQUESTED ACTION
The City of Brooklyn Center (“the City”) is requesting review and consideration of a request to amend
Section 35-331 (General Industry) of the City Code of Ordinances to allow Religious Uses as a Special Use
within the I-2 (General Industry) District. A public hearing notice was published in the Brooklyn Center
Sun Post on August 29, 2019 (Exhibit A). Notices were also mailed to all property owners of I-2 District-
zoned properties within the City.
BACKGROUND
The City is requesting the review and consideration of changes to the uses allowed within the I-2
(General Industry) District that would provide an avenue for religious institutions, such as churches,
mosques, synagogues and the like to locate into the City of Brooklyn Center’s General Industry District,
which is the City’s most intense industrial district.
Conversations revolving around the allowance of religious uses within the I-2 District began in July when
the City was approached by a group seeking to relocate a religious based place of worship and
community center within the City. The group had previously leased space within a C1 (Service/Office)
District office building in Brooklyn Center, where religious institutions are allowed as a permitted use. As
the building was recently sold, their space became unavailable. The group would like to remain within
the City of Brooklyn Center, as their community is largely based within the Brooklyn Center and Brooklyn
Park areas; however, they noted upon meeting with the City that they had struggled to find space within
the city limits until an I-2 District zoned property, located at the southern terminus of France Avenue
North, and known as 4900/4902 France Avenue North, became available.
This group has expressed an interest in purchasing the property in order to create a community center
and religious gathering place. The uses so far identified would include a worship space, gathering and
event space (e.g. weddings, board meetings), classroom space, and office space. Gathering times would
occur several times per week, with use primarily on Fridays and weekends, and worship times that could
be divided into multiple sessions to accommodate their membership of which numbers between 120
and 150 attendees currently for a Friday service. The community center would be open throughout the
week.
The property located at 4900/4902 France Avenue North has been for sale or lease for over a year, but
was previously used as a kennel and veterinary clinic (permitted use). This particular I-2 District property
is unique in its vacancy, in part due to the age and nature of the structures on site, which are not typical
of surrounding industrial uses. The property is comprised of two structures: a newer, split level office
• Application Filed: 08/13/2019
• Review Period (60-day) Deadline: 10/12/2019
• Extension Declared: N/A
• Extended Review Period Deadline: N/A
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building, and a second circular shaped structure. The group believes that the property would meet their
needs and is interested in purchasing it to convert it for their use. As part of their due diligence, the
group met with City staff to inquire as to the process necessary to allow for use of the property as a
place of worship and community center.
Places of worship generally fall into a category of uses considered “Assembly.” These are uses where
there are generally large numbers of people that may congregate or assemble at one time. Other similar
uses might be theaters, auditoriums, mortuaries, dance halls, arenas, or certain places of entertainment.
Federal law protects religious land uses in that it requires cities to regulate them the same way in which
it regulates other similar uses, and to treat them equally and fairly when making land use regulations as
well as land use decisions regarding them.
Example: a city would need to provide a fact-based reason that it might allow a movie theater in
a particular zoning district, but not a religious use since the land uses are similar.
Based on a review of the City’s Zoning Ordinance, religious uses are currently allowed in the following
zoning districts (Table 1):
TABLE 1. Current Allowance of Religious Uses in City’s Zoning Districts.
Zoning District Permitted Use Special Use Notes
R1 (One Family Residence) District X Allowed through issuance of Special Use Permit,
provided primary vehicular access shall be gained to
the use by a collector or arterial street.
R2 (Two Family Residence) District X Allowed through issuance of Special Use Permit,
provided primary vehicular access shall be gained to
the use by a collector or arterial street.
R3 (Multi-Family Residence) District
R4 (Multi-Family Residence) District
R5 (Multi-Family Residence) District X Allowed through issuance of Special Use Permit,
provided primary vehicular access shall be gained to
the use by a collector or arterial street.
R6 (Multi-Family Residence) District
R7 (Multi-Family Residence) District
C1 (Service/Office) District
X Permitted Use in this District with no additional
restrictions relating to type of primary vehicular
access.
C1A (Service/Office) District X All of the Permitted Uses allowed in the above C1
District are also allowed in the C1A District.
C2 (Commerce) District The use is not addressed in the C2 District; however,
other like uses, such as movie theaters, sports arenas,
etc. are permitted through issuance of a Special Use
Permit.
I1 (Industrial Park) District There is at least one instance of religious uses being
allowed via a Planned Unit Development (PUD) in the
I1 (Industrial Park) District, which is a lighter industrial
district comprised of office, hotel, mixed business, and
light industrial uses.
I2 (General Industry) District
Note: The O-1 (Public Open Space) and O-2 (Public & Private Open Space) Districts are not identified in this table due to the nature of their use.
City staff consulted with the City Attorney to identify potential paths forward for the requested reuse of
the property located at 4900/4902 France Avenue North. Based on a number of factors, the City
Attorney and staff agree that the most legally defensible way to process the request would be through a
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Zoning Code text amendment to the I-2 (General Industry) District, which would make religious uses
allowed through issuance of a Special Use Permit (SUP). This would allow the group to apply for a
Special Use Permit through submittal of a Planning Commission application and any necessary
documentation, and receive review and consideration by the Planning Commission and City Council. If
approved and able to meet the conditions of the permit, the requested use would then be allowed on
the property.
Although the conversations thus far have been focused on the allowance of religious uses on one
particular property, the proposed text amendment would apply to all properties within the I-2 (General
Industry) District, thus allowing religious uses on any I-2 (General Industry) District zoned parcel,
provided it was able to meet the conditions of the Special Use Permit process.
Special uses are those in 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, a Special Use Permit would need to be granted by City
Council. In reviewing Special Use Permits, an Applicant would need to demonstrate the following:
a. The establishment, maintenance or operation of the special use will promote or enhance the
general public welfare and will not be detrimental to or endanger the public health, safety,
morals or comfort.
b. The special use will not be injurious to the use and enjoyment of other property in the
immediate vicinity for the purposes already permitted, nor substantially diminish and impair
property values within the neighborhood.
c. The establishment of the special use will not impede the normal and orderly development and
improvement of surrounding property for uses permitted in the district.
d. Adequate measures have been or will be taken to provide ingress, egress and parking so
designed as to minimize traffic congestion in the public streets.
As the decision to allow religious uses within the I-2 (General Industry) District is a legislative one, City
staff initially brought the discussion on places of worship in the I-2 (General Industry) District forward at
a City Council Work Session held on August 12, 2019. It was at that time City staff was directed to draft
amendment language with criteria for its allowance as a special use and bring the proposed amendment
forward to the Planning Commission before review by the City Council. A copy of the City Council Work
Session memo and excerpt of the meeting minutes are included as Exhibit B.
PROPOSED AMENDMENTS TO I-2 (GENERAL INDUSTRY) DISTRICT
Location and Composition of I-2 District Zoned Properties in City
The City’s I-2 (General Industry) District is located on the southern end of the City and located on both
sides of Highway 100. It is, for the most part, built out. A map identifying the City’s I-2 District
properties can be found on the next page (Map 1). The I-2 District consists of 32 parcels comprising a
total of 82.56 acres. With approximately 3,677 acres of total land in Brooklyn Center (i.e. not including
right-of-way, lakes, etc.), the I-2 District comprises approximately 2.2% of the total land in the City. Not
all of the I-2 District parcels appear to be developable, however.
For instance, one parcel serves as a 3.2 acre stormwater ponding area to a development located on the
former Joslyn site and another 5.4 acres, located on the west side of the former Joslyn site, is an outlot
comprised of floodplain and wetlands. A 1.98 acre parcel located adjacent to Ryan Lake is also likely
limited in terms of development as over an acre of the land is located within the designated 100-year
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floodplain with wetlands present. If you were to remove the aforementioned three parcels, you are left
with approximately 72 acres of I-2 District zoned land, or 1.95% of total land in Brooklyn Center.
I-2 District Uses
Industrial properties, particularly heavy industrial properties, tend to have the greatest impacts on
surrounding properties in terms of noise, dust, odors, traffic, and outdoor storage. Generally, industrial
users tend to locate in areas away from non-industrial uses to minimize complaints that may arise,
although the I-2 (General Industry) District zoned properties located within Brooklyn Center are in
proximity to some single-family and multi-family residential properties (Refer to Map 2).
On the other hand, it is likely that religious uses would utilize their properties during hours when
industrial users are not in operation, which may minimize issues. In the case of the group interested in
the 4900/4902 France Avenue North property, this particular I-2 property is located on a dead end cul-
de-sac with Highway 100 located to the east, train tracks to the south, a Northern States Power station
to the west, and a mix of industrial and residential properties located to the north. A roofing company is
located immediately to the north of this particular property.
Use-wise, the I-2 District allows for a mix of manufacturing type uses; textile mill production; lumber and
wood products (except for saw mills and planing mills); printing industries; chemicals and allied
products; fabricated metal products; professional, scientific, electronic, and controlling instruments;
wholesale trade activities (e.g., motor vehicles and automotive equipment; dry goods and apparel;
hardware, plumbing, heating equipment and supplies; machinery, equipment and supplies); and certain
service activities (i.e. laudrying, dry cleaning, and dyeing; warehousing; automobile and truck repair and
wash; contract construction; kennels; veterinarian and animal hospitals; truck rental and leasing).
This district also allows for truck terminals, and public transit terminals. Foundries (provided the
operation is a necessary incident to a principal use in the I-2 District); retail sales of products
manufactured, processed, or wholesaled on site; and accessory off-site parking, are allowed through
issuance of a Special Use Permit (refer to Exhibit C).
MAP 1. City of Brooklyn Center I-2 (General Industry) District Zoned Properties.
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MAP 2. City of Brooklyn Center Zoning Districts Adjacent to I-2 (General Industry) District.
Parking and Access Demands
Of further consideration in allowing for religious uses in the I-2 (General Industry) District is the overall
parking demand. Assembly uses, such as religious institutions, tend to have higher parking demands
than other types of uses due to the nature of their visitors. Industrial uses by contrast tend to have low
parking demands relative to their square footage because these uses generally have lower employment
densities. Religious uses seeking to utilize industrial property for space may find that the available on-
site parking is not sufficient to meet their demand, and other features common to industrial properties,
such as loading docks and berths, can further hinder parking options.
For example, religious and other “places of public assembly” uses, such as theatres, auditoriums (other
than school auditoriums), mortuaries, stadiums, arenas, and dance halls, require one parking space for
every three seats, or congregants in this particular case. Places of public assembly located in a retail
shopping center complex of 50,000 square feet or more, exclusive of the place of public assembly, may
have one space for every four seats.
For perspective, the I-2 District zoned property located at 4900/4902 France Avenue North currently
possesses 18 on-site parking spaces, although a maximum of 25 on-site parking stalls is potentially
achievable with re-striping. Assuming a “places of public assembly” type use, installation of 25 parking
stalls, and the carpooling of members (3 occupants per vehicle), the on-site parking could accommodate
for a maximum of 75 attendees at any one time.
In the cases of “Industry and Wholesale” type uses, one space for every two employees based upon
maximum planned employment during any work period or one space for each 800 square feet of gross
floor area (whichever is greater) is required. In the event the latter requirement is greater, adequate
land area shall be provided for the required off-street parking area, but improved spaces need only be
provided according to the employee ratio. In cases where there is an office component to an
industrially-zoned building, minimum on-site parking requirements are based on the total gross floor
area utilized for the use.
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As identified in Table 1 (Current Allowance of Religious Uses in City’s Zoning Districts) on page 2 of this
report, religious uses are an outlined use that is allowed as a permitted use or through issuance of a
Special Use Permit in a number of the City’s zoning districts. In the cases of the City’s R1 (One Family
Residence), R2 (Two Family Residence), and R5 (Multiple Family Residence) Districts, religious uses are
allowed through issuance of a Special Use Permit so long as primary vehicular access to the use is gained
by collector or arterial street. While this language was contemplated in discussions over the proposed
amendments to allow for religious uses through issuance of a Special Use Permit, inclusion of this
language would have served as a hindrance for the group interested in the 4900/4902 France Avenue
North property as the property is located on a dead end cul-de-sac.
2040 Comprehensive Plan
The “2040 Land Use & Redevelopment Goals” identified within the Comprehensive Plan state that the
Future Land Use Plans should be supported through the update or creation of relevant and market-
based small area plans, redevelopment plans, and the zoning ordinance.
The identified 2040 Planned Land Uses for the I-2 (General Industry) District are comprised of a mix of
“Industrial/Utility” and “Business-Mixed Use” designations. The 4900/4902 France Avenue North
property is identified as “Industrial/Utility,” along with the other properties located along the eastern
edge of France Avenue North and south of 50th Avenue North. The “Business-Mixed Use” designation is
a new land use designation under the 2040 Comprehensive Plan that guides for a “mix of business, light
industrial, and supporting retail/service uses.”
Other Considerations
City staff met with the group interested in the 4900/4902 France Avenue North property to go over the
site, explain the process, and identify Building and Fire Code requirements that they should be aware of.
Although these conversations were specific to the aforementioned property, the addressed concerns
and requirements could be triggered with any other religious use that might have an interest in
relocating to an I-2 (General Industry) District property as “Assembly” type uses have a higher fire
suppression standard than other types of uses because of the congregation of people that occurs within
buildings. Should the proposed amendments be adopted, it is important that any prospective
buyers/users understand the full implications of what would be required to acquire and/or convert an
industrial use type building.
Conversion of a building to anything other than an office use would constitute a change of use from the
perspective of the Building and Fire Code, and thus would trigger the installation or expansion of a Fire
suppression and alarm system if not present. Additionally, the following requirements may be triggered:
a. Installation of ADA requirements (e.g. parking lot striping and signage, ingress/egress,
bathrooms, installation of elevator/lift);
b. Sewer Accessibility Charge (Met Council) determination for change in use and
associated fee; and
c. Any other Fire and Building Code requirements
Ordinance Language
The City Attorney drafted language that addresses the proposed amendments to Chapter 35 regarding
the uses allowed in the General Industry (I-2) District. As proposed, the amended language would allow
for religious uses within the I-2 District through issuance of a Special Use Permit. Within the ordinance,
certain legislative findings are outlined that address a desire to accommodate religious uses to the
App. No. 2019-015
PC 09/12/2019
Page 7
extent reasonably possible but acknowledges the issues surrounding the allowances of religious uses in
industrial districts (refer to Exhibit D). The proposed amendment language to allow for religious uses as
a Special Use within the I-2 (General Industry) District is as follows:
Article II. Special Uses. Section 35-331, paragraph 3 of the Brooklyn Center City Code identifying the uses
allowed in the General Industry District as a special use is hereby amended as follows:
3. Special Uses
a. Foundries, provided that the foundry operation is a necessary incident to a principal
use permitted in the I-2 district.
b. Retail sales of products manufactured, processed or wholesaled at the use site.
c. Accessory off-site parking not located on the same property with the principal use, subject to
the provisions of Section 35-701.
d. Places for religious assemblies such as chapels, churches, temples, mosques, and
synagogues, provided the use complies with the minimum parking standards in Section 35-
700 and other applicable standards.
If the ordinance language is ultimately adopted any interested party wishing to utilize an I-2 District
property for a religious use would be required to submit a Planning Commission application and any
required supporting documentation for review and consideration by the Planning Commission and City
Council.
RECOMMENDATION
Based on the above-noted findings, staff recommends the following motion:
Motion to approve a Resolution recommending that the City Council approve certain amendments to
Section 35-331 (General Industry) of the City Code of Ordinances that would allow for religious uses within
the I-2 (General Industry) District by Special Use based on the above outlined findings of fact.
A copy of the Planning Commission resolution is attached (Exhibit E).
ATTACHMENTS
Exhibit A—Public Hearing Notice, published in the Brooklyn Center Sun Post, dated August 29, 2019.
Exhibit B—August 12, 2019 City Council Work Session Memo and Excerpted Minutes, Places of Worship in the I-2
District Discussion.
Exhibit C—Permitted and Special Uses within the I-2 District.
Exhibit D—An Ordinance Amending Chapter 35 Regarding Uses Allowed in the General Industry (I-2) District.
Exhibit E—Resolution Regarding the Recommended Disposition of Planning Commission Application No. 2019-015
for Adoption of a Zoning Amendment Regarding Allowed Uses within the I-2 (General Industry) District.
Exhibit A
MEMORANDUM - COUNCIL WORK SESSION
DATE:8/12/2019
TO:Curt Boganey, City Manager
THROUGH:Meg Beekman
FROM:Meg Beekman, Community Development Director
SUBJECT:Places of Worship in the I-2 District Discussion
Recommendation:
- Consider places of worship as a land use within the I-2 District and provide direction to staff on how to
proceed.
Background:
City staff have been approached by a group seeking to relocate a religious based place of worship and
community center within the City. The group has previously been leasing space within Brooklyn Center, along
Brooklyn Boulevard, but the building has recently sold and is no longer available. They would like to remain
within the City, as their community is largely based within the Brooklyn Center and Brooklyn Park area.
They are seeking a space to purchase, in which to create a community center and gathering place. Uses would
include worship space, gathering and event space, classroom space, and office space. They gather several
times per week, primarily Friday through Sunday. Worship times are on Friday and could be divided into more
than one to accommodate their numbers.
After much searching to find a suitable building to purchase, they have identified 4900 France Avenue N. This
property has been for sale or lease for over a year, but was previously used as a kennel and veterinary clinic.
The property is zoned I-2 and is comprised of two structures; one which is a newer split-level office building,
and a second which is a circular shared structure that is older. The group believes that the property would meet
their needs and is interested in purchasing it to convert to their purposes. As part of their due diligence they
met with City staff to inquire as to the process to allow the use of the property as a place of worship and
community center.
Places of worship generally fall into a category of uses considered “Assembly”. These are uses where
generally large numbers of people may congregate, or assemble, at one time. Other similar uses might be
theaters, auditoriums, mortuaries, dance halls, arenas, or certain places of entertainment. Federal law protects
religious land uses in that it requires cities to regulate them the same way it regulates other similar uses, and to
treat them equally and fairly when making land use regulations as well as land use decisions regarding them. For
example, a city would need to provide a fact-based reason that it might allow movie theaters in a particular
zoning district, but not religious uses since the land uses are similar.
I-2, General Industrial District
As noted, the property is zoned I-2, General Industry. I-2 is a heavy industrial district. Permitted uses include,
manufacturing; wholesale trade; distribution; services such as auto and truck repair, contract construction,
warehousing and storage, service stations; truck terminals; transit terminals; or other uses similar in nature as
determined by the City Council. Special uses permitted in the district include foundries, retail sales of products
Exhibit B
manufactured on s ite, and acc es s o ry o ff-s ite parking. P laces o f wo rs hip are not c urrently permitted o r spec ially
p ermitted us es in the I-2 Dis tric t.
P laces o f wors hip , o r religio us uses, are exp res s ly p ermitted within the R -1, R -2, R -5, and C -1 Districts in the
C ity. T here is als o at least one ins tance in whic h they have been allowed via a P UD in the I-1 Dis tric t, whic h is
a lighter ind us trial d is tric t comprised o f a mix of o ffice, ho tel, mixed bus ines s , and light indus trial uses.
P rocess
C ity staff c ons ulted with the C ity Atto rney to id entify p o tential p aths forward fo r the req uested reus e of the
p ro p erty at 4900 F rance Avenue. Based o n a numb er of facto rs , the C ity Atto rney and staff agree that the mos t
legally defens ible way to proc es s the req uest would be thro ugh a zoning c ode text amendment to the I-2
Dis tric t, whic h wo uld make religious us es allo wed thro ugh s p ecial use p ermit. T his wo uld allo w the gro up to
ap p ly fo r a s pec ial us e permit, and if able to meet the cond itions of the permit, reus e the p ro p erty for their
d es ired purpos e. T he text amendment would ap p ly to all properties within the I-2 Dis trict, thus allo wing
religious us es within any I-2 zoned parc el pro vided it was ab le to meet the c o nditio ns o f the s p ecial use permit
p ro cess.
T he dec is io n to allow religio us uses within the I-2 Dis tric t is a legislative one, and ultimately a p o licy dec is ion
o n the part of the C ity C ounc il. Ind ustrial pro p erties , particularly heavy ind us trial properties tend to have the
greates t imp ac ts o n s urrounding p ro p erties in terms of noise, dus t, odors, traffic , and o utd o o r sto rage.
G enerally, ind us trial us ers tend to lo cate in areas away fro m no n indus trial us es to minimize c o mp laints that
may aris e. O n the other hand , it is likely that religio us uses would utilize their p ro p erties d uring hours when
indus trial users are not in operatio n, whic h may minimize issues .
A further cons ideratio n is parking demand . As s emb ly uses tend to have higher parking demand than other
typ es of uses due to the nature o f their visitors . Indus trial uses b y contrast tend to have lo w p arking d emand
relative to their s quare footage b ecaus e these us es generally have lo wer employment dens ities. R eligio us us es
s eeking to utilize indus trial p ro p erty for s p ac e may find that the available parking is not sufficient to meet their
d emand.
F ro m a regional market perspec tive, indus trial property is c urrently well stabilized, particularly compared with
o ffice and retail products . Ind ustrial properties within the 694/494 lo o p are c urrently highly valued and
vac anc y rates are lo w. T his trend holds true within Bro o klyn C enter’s indus trial market.
T he property at 4900 F ranc e Avenue N is unique in its vacancy, in part due to the age and nature of the
s tructures o n the s ite, whic h are no t typ ical of s urrounding indus trial uses. R ather than a s ingle large building,
the property is c ompris ed o f two s maller struc tures , one of which is a two-s tory offic e build ing, and neither is
well s uited for more indus trial-type uses.
S pecia l U se P ermit P rocess
If the C ity C ounc il c hooses to allo w religious us es in the I-2 Dis tric t, staff would rec o mmend allo wing them
via s p ecial use permit. T his wo uld allo w s ome o f the concerns identified above to be cons id ered and mitigated
o n a c as e by c as e b as is with eac h ap p lication. F o r examp le, if large numbers of p eo p le gathering at the
p ro p erty is a c onc ern for as s emb ly-type uses , a s pec ial us e permit proc es s c ould require that a traffic and
p arking s tud y be c ond uc ted to ensure that ac c es s , circ ulatio n, and parking were ad eq uate on site. If they
weren’t, a c ond ition of ap p ro val could require a trans portation demand management plan to deal with times
when the parking o r ac cess ro utes were exceed ed .
O n this p artic ular s ite, train traffic can be a c onc ern at c ertain times of the d ay, c los ing ro ad ac cess. A traffic
and p arking s tudy c o uld lo o k at the impac t of ro ad c lo s ures and id entify if this wo uld b e a concern.
4 9 0 0 F rance Aven u e N
The City Planner and Building Official met with the interested party to go over the site, explain the process,
and identify any Building and Fire Code items that they should be aware of. The conversion of the site to an
assembly use would constitute a change of use from the perspective of the Building and Fire Code, thus
trigger any required upgrades to the fire suppression system, installation of ADA requirements, as well as other
Fire and Building Code requirements. Assembly uses have a higher fire suppression standard than other types
of uses because of the congregating of people that occurs within the buildings. It is important that prospective
buyers understand the full implications of what would be required of acquiring and converting a building before
they purchase it.
As part of that meeting parking was discussed. The property currently has 18 parking stalls. According to the
City Planner, after visiting the site and measuring out the parking area, an additional 8 could be striped in. The
Zoning Code requires 1 parking stall for every three congregants for religious uses, meaning the parking would
allow for only 75 people at a time. This is not sufficient based on staff’s understanding of the groups actual
needs, and so it is not clear how this will be handled.
In addition, the Building Official identified several upgrades which would be necessary in order to convert the
building. These included ADA upgrades to bathrooms, ingress/egress, parking, and the interior of the building
which may require an elevator or lift. The building will also need to be sprinklered and a SAC fee determination
done. According to the Met Council there is only one SAC unit on the property, so a change in use would
trigger a recalculation, and likely more SAC units to be paid. The Building Official is seeking additional
information as to what that might be from the Met Council.
The group agreed to look into the required building improvements.
Next Steps
If the City Council indicates they are open to the zoning code text amendment, staff will work with the City
Attorney to draft revised language which would then go to the Planning Commission for a public hearing,
consideration, and a recommendation. The City Council would then take the Planning Commission’s
recommendation into consideration as part of a first and second reading of the ordinance amendment.
Once the language was drafted and the process underway, the prospective buyers would then need to apply for
a Special Use Permit under the language and conditions of the new ordinance.
Policy Issues:
Are Religious Uses a compatible use within the I-2, General Industrial District?
Should Religious Uses be permitted within the I-2, General Industrial District?
If so, what potential impacts might these, and other similar assembly uses, have that could be
mitigated with conditions or requirements within the ordinance language?
Strategic Priorities and Values:
Operational Excellence
ATTACHMENTS:
Description Upload Date Type
Aerial 8/6/2019 Backup Material
Site Context 8/6/2019 Backup Material
Zoning Map 8/8/2019 Backup Material
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LOCAL STREETINDEX
ADMIRAL LANEADMIRAL PLACEALDRICH COURTALDRICH DRIVE N.AMY LANEAZELIA AVE.
4-B,C4-B1-F5-F1-E7-B
53RD AVE N
54TH AVE N
55TH AVE N
56TH AVE N
57TH AVE N
58TH AVE N
59TH AVE N
60TH AVE N
61ST AVE N
62ND AVE N
63RD AVE N
64TH AVE N
65TH AVE N
66TH AVE N
67TH AVE N
68TH AVE N
69TH AVE N
70TH AVE N
71ST AVE N
72ND AVE N
73RD AVE N
WI
L
L
O
W
L
A
N
E
RI
V
E
R
D
A
L
E
A
V
E
N
20
0
DA
L
L
A
S
A
V
E
N
30
0
W.
R
I
V
E
R
R
O
A
D
MT
H
2
5
2
5T
H
A
V
E
N
60
0
CA
M
D
E
N
A
V
E
N
70
0
AL
D
R
I
C
H
A
V
E
80
0
BR
Y
A
N
T
A
V
E
N
90
0
CO
L
F
A
X
A
V
E
N
10
0
0
DU
P
O
N
T
A
V
E
N
11
0
0
EM
E
R
S
O
N
A
V
E
N
12
0
0
FR
E
M
O
N
T
A
V
E
N
13
0
0
GI
R
A
R
D
A
V
E
N
14
0
0
HU
M
B
O
L
D
T
A
V
E
N
15
0
0
IR
V
I
N
G
A
V
E
N
16
0
0
JA
M
E
S
A
V
E
N
17
0
0
KN
O
X
A
V
E
N
18
0
0
LO
G
A
N
A
V
E
N
19
0
0
MO
R
G
A
N
A
V
E
N
20
0
0
NE
W
T
O
N
A
V
E
N
21
0
0
OL
I
V
E
R
A
V
E
N
22
0
0
PE
N
N
A
V
E
N
23
0
0
QU
E
E
N
A
V
E
N
24
0
0
RU
S
S
E
L
L
A
V
E
N
25
0
0
SH
E
R
I
D
A
N
A
V
E
N
TH
O
M
A
S
A
V
E
N
UP
T
O
N
A
V
E
N
27
0
0
VI
N
C
E
N
T
A
V
E
N
28
0
0
WA
S
H
B
U
R
N
A
V
E
N
29
0
0
XE
R
X
E
S
A
V
E
N
30
0
0
YO
R
K
A
V
E
N
31
0
0
ZE
N
I
T
H
A
V
E
N
32
0
0
AB
B
O
T
T
A
V
E
N
33
0
0
BE
A
R
D
A
V
E
N
34
0
0
CH
O
W
E
N
A
V
E
N
35
0
0
DR
E
W
A
V
E
N
36
0
0
EW
I
N
G
A
V
E
N
37
0
0
FR
A
N
C
E
A
V
E
N
38
0
0
GR
I
M
E
S
A
V
E
N
40
0
0
HA
L
I
F
A
X
A
V
E
N
41
0
0
IN
D
I
A
N
A
A
V
E
N
42
0
0
JU
N
E
A
V
E
N
43
0
0
KY
L
E
A
V
E
N
44
0
0
LE
E
A
V
E
N
45
0
0
MA
J
O
R
A
V
E
N
46
0
0
NO
B
L
E
A
V
E
N
47
0
0
OR
C
H
A
R
D
A
V
E
N
48
0
0
PE
R
R
Y
A
V
E
N
49
0
0
QU
A
I
L
A
V
E
N
50
0
0
RE
G
E
N
T
A
V
E
N
51
0
0
SC
O
T
T
A
V
E
N
52
0
0
TO
L
E
D
O
A
V
E
N
53
0
0
UN
I
T
Y
A
V
E
N
54
0
0
VE
R
A
C
R
U
Z
A
V
E
N
55
0
0
7
6
5
4
3
2
1
A B C D E F G
BOULDER LANEBROOKLYN BOULEVARDBROOKLYN DRIVEBROOKLYN PLACEBROOKVIEW DRIVEBURQUEST LANECAMDEN COURTCAMDEN DRIVECOMMODORE DRIVEDALLAS ROADDUSHARME DRIVEEARLE BROWN DRIVEEAST TWIN LAKE BLVD.ECKBERG DRIVEELEANOR LANEEMERSON LANEERICON DRIVEEWING LANEFRANCE PLACEFREEWAY BOULEVARDFREMONT PLACEGREAT VIEW AVE.GRIMES PLACEHALIFAX DRIVEHALIFAX PLACEHILLSVIEW ROADHOWE LANEHUMBOLDT PLACEIRVING LANEJAMES CIRCLEJANET LANEJOHN MARTIN DRIVEJOYCE LANEJUDY LANEKATHRENE DRIVELAKEBREEZE AVE.LAKE CURVE LANELAKESIDE AVE.LAKESIDE PLACELAKEVIEW AVE.LAWRENCE ROADLILAC DRIVEMARLIN DRIVEMUMFORD ROADNASH ROADNOBLE LANORTHPORT DRIVENORTHWAY DRIVEOAK STREETO'HENRY ROADOLIVER CIRCLEORCHARD LANEOSSEO ROAD 5300-5800PALMER LAKE CIRCLEPALMER LAKE DRIVEPAUL DRIVEPEARSON DRIVEPERRY COURT - EAST/WESTPERRY PLACEPOE ROADPONDS DRIVE N.QUAIL CIRCLE - EAST/WESTQUARLES ROAD
SAILOR LANESHINGLE CREEK PARKWAYSHORES DRIVESUMMIT DRIVETHURBER ROADTWIN LAKE AVE.URBAN AVE.VIOLET AVE.WILLOW LANEWINCHESTER LANEWINGARD LANEWINGARD PLACEWOODBINE LANEXERXES PLACEYORK PLACE4TH STREET5TH STREET53RD PLACE58 1/2 AVE.59 1/2 AVE.63RD LANE67TH LANE68TH LANE69TH LANE70TH CIRCLE71ST CIRCLE72ND CIRCLE
3-A1-A,6-C3-D1-A5-D,E5-B3-G2-G4-C1-G7-C3,4-E5,6-B5-B3-A1-F5-D,E3-C4-B2-D,E2-F6-B2-B3-B4-B5-E2-A2-E1-E3-E3-B4-D,E3-B5-E3-B7-B4-B7-B6-B7-B3-C6-C,3-F3-B3-C,D3-C,D2-A,B4,5-C4-D6-B3-C,D1-F2-A5-C1-C1-C3-A4-B1-A1-A3-C1-A1-A2-C
5-C2E-4D4-B3,4-E2-C7-B1-C1-C1,3-G2-A,B1-A1-A1-B,C,F2-D
2-C5-G2-G5-C4-C4-B3-F2-D,F2-D,F2-D1-A1-A1-A
BELLVUE LA G-5
RIVERDALE ROAD 1-G2-GRIVERWOOD LANE
ISL
A
N
D
S
O
F
P
E
A
C
E
P
A
R
K
(AN
O
K
A
C
O
U
N
T
Y
)
WEST FIRESTATION
HENNEPIN CO.LIBRARY &GOVERNMENT SERVICE CENTER
P A L M E R
L A K E
P R E S E R V E
A R E A
U.S
.
P
O
S
T
OFF
I
C
E
WATERTOWERNo. 2
EVERGREENPARK
LAKESIDE PARK(TRIANGLE PARK)
EVERGREENELEMENTARYSCHOOL
RIV
E
R
D
A
L
E
PAR
K
EAST PALMERLAKE PARK
WEST PALMERLAKE PARK
PALMER LAKEELEMENTARYSCHOOL
WILLOW LANE PARK
AR
B
O
R
E
T
U
M
ORCH
A
R
D
L
A
N
E
P
A
R
K
ODYSSEYCHARTERSCHOOL
MOUN
D
CEME
T
E
R
Y
FREEWAYPARK
GARDEN CITYELEMENTARYSCHOOL
MARLINPARK
WATERTOWERNo.1
EAST FIRESTATION
FIREHOUSEPARKBROOKLYN CENTER
HIGH SCHOOL
EARLEBROWN ELEMENTARYSCHOOL
BEL
L
V
U
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PAR
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AIRPORT SAFETY ZONE - A
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CRYSTALAIRPORT
S
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CREEK
PALMER LAKE
MIDDLE
TWIN
LAKE
UPPER
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63RD AVE
B
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B
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B
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B
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B R O O K L Y N D R
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MUMFORD RD
64TH AVE
65THAVE
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60TH AVE
59TH AVE
S H I N G L E
C R E E K
P K W Y
J
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55TH AVE
SUMMIT DR
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5 6TH AVE
S H O
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N
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SHINGLECREEK PKWY
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N
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A
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X E R X E S
A V E
65TH AVE
D
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W
A
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67TH AVE
53RD AVE
NORTHWAYDR
69TH AVE
70TH AVE
53RD AVE
66TH AVE
I
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V
I
N
G
P
L
73RD AVE
58TH AVE
68TH AVE
HIGHW
A
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1
0
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T
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D
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A
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INTERSTAT E 6 9 4
65TH AVE
KN
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THURBER RD
67TH AVE 67TH AVE
W I N G A R D P L
58TH PL
53RD AVE
U
N
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A
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W
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L
L
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W
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58TH AVE
69TH AVE
52ND AVE
55TH AVE
U P T O N
A V EYO
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A
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N
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N
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7 1 S T A V E
67THLN
B
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L
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N
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L
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50TH AVE
67TH LN
N
O
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P
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56TH AVE
F
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A
N
C
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A
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N
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L
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A
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CIR
71ST AVE
F
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M
O
N
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A
L
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68TH LN
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L I L A C D R
57TH AVE
56TH AVE
F R A N C E
D R
55THAVE
B
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A
N
T
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57TH AVE
66TH AVEE
W
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A
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68TH AVE
AL
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COUNTY ROAD 1 0
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5 6THAVE
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62ND AVE
6 7 T H L N
HIGH
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1
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0
LILA
C
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B
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L
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F
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M O
N
T
A V E
70TH AVE
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7 1 S T AV E
6 8 T H LN
70TH AVE
65THAVE
62ND AVE
B
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A
R
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A
V
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PALM
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RLAKE
C
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M O R G A N
A
V
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WOODBINE LN
6
8THL
N
57THAVE
68TH AVE
72ND AVE
COMMODORE DR
64TH AVE
61ST AVE
61ST AVE
6
9THLN
S
C
O
T
T
A
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59 1/2AVE
ELEANOR LN
70TH AVE
68THAVE
70TH AVE
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M
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N
A
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L
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A
V
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V I N C E N
T
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51ST AVE
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DR
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W
AV
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67TH AVE
65TH AVE
64TH AVE
S
C
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URBAN AVE
72ND AVE
H A L I F A X DR
58 1/2AVE
71ST AVE
7 2 N D A V E
WOODBINE LN
72NDAVE
GI
R
A
R
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A
V
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61ST AVE
59TH AVE
56TH AVE
54TH AVE
61ST AVE
O
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C
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A
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A
V
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49TH AVE
ADM IR A L LN
60TH AVE
50TH AVE
V E R
A
C R U Z
A V E
E M E R S O N
A V
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70TH AVE
66THAVE
71STAVE
56THAVE
72ND AVE
70THAVE
51STAVE
72NDAVENE
W
T
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N
A
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47TH AVE
53RD PL
LO
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A
N
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FR
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N
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PL
AB
B
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INTERSTATE 694
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BROO
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PL
7 0 T H C I R
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DR
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70TH AVE
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M O R G A N
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64TH AV E
Q U A I L
A V E
71ST CI
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L I L A C D R
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55TH AVE
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PL
JA
M
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68TH AVE
67TH AVE
N
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H U M B O L D T
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I N D I A N A
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54TH AV E
R I V E R D A L E
R D
N O RTHWAY DR
57TH AVE
POE RD
P
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N
N
A
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BURQUEST LN
BOULDER LN
LILAC DR
6 3 R D L N
GI
R
A
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D
A
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GI
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A
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A
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J U D Y L N
FRANCE PL
LE
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A
V
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WOODBINE LN
72ND AVE
B A S S L A KE RD
IRVING LN
AMY LN
I N D I A N A
A V E
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A
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P
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JA
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JANET LN
67TH AVE
JOYCE LN
DR
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W
A
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62ND AVE
QUARLES RD
72NDAVE
66TH AVE
WOODBINE LN
B
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A
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D
A
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FR
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N
C
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A
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P A L M E R L A K E D R
FREEWAY BLVD
L I L A C D
R
UNI
TY
A
V
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U
N
I
T
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A
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NO
B
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L I L A C D R
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INTERSTATE 94
WA
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B
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AB
B
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QU
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71ST AVE GR
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66TH AVE
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B
L
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A
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IN
T
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R
S
T
A
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9
4
C
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CA
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W I L L O W L N
A D M IRAL LN
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D R A D M I R A L
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PL
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LILA
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EARLE BROWN DR
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5 1 S T A V E
Q
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P A R K W A Y C I R
P A R K W A Y C I R
BELLVUE LN
66TH AVE
62ND AVE
OAK ST
4
T
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S
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E M E R S O N
A V E
F R E M O N T
A V E
GI
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A
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Brooklyn Center Zoning Map
0 0.5 10.25
Miles
This Zoning Map reflects council-approved zoning changes up to its effective date of September 5, 2015. The zoning designations shown onthis map must be interpreted by the City's Zoning Code and policies. These zoning designations are subject to changeas part of the City's ongoing planning process.
/
o o o Airport Safety Zones (refer to Minn. Rules 8800.2400)
Mississippi River Corridor Critical Area Boundary Line
Private Roads
ZONING DISTRICTS
R1 One Family Residence
R2 Two Family Residence
R3 Multiple Family Residence
R4 Multiple Family Residence
R5 Multiple Family Residence
R6 Multiple Family Residence
R7 Multiple Family Residence
C1 Service/Office
C1A Sevice/Office
C2 Commerce
I-1 Industrial Park
I-2 General Industry
O1 Public Open Space
O2 Public & Private Open Space
C1/R5/R4 Office/Service & MultipleFamily Residence
PUD/R1 Planned UnitDevelopment/One Family Res.
PUD/R3 Planned UnitDevelopment/Multi-Family
PUD/C1 Planned UnitDevelopment/Office-Service
PUD/C1A Planned UnitDevelopment/Office-Service
PUD/C2 Planned UnitDevelopment/Commerce
PUD/I1 Planned UnitDevelopment/Industrial Park
PUD-MIXED
Central Commerce Overlay District
ZONING DISTRICT NOTES
ALL DISTRICT BOUNDARIES EXTEND TO THE CENTERLINE OF STREETS
842846859816820856856
100 YEAR FLOOD ELEVATIONS AT SELECTED LOCATIONS
WATERWAY LOCATION ELEVATION (FT. NGVD)
SHINGLE CREEK
MISSISSIPPI RIVER
TWIN LAKESRYAN LAKE
AT 53RD AVE N ..........................AT 69TH AVE N ...........................AT BROOKLYN BLVD .................AT 53RD AVE N ..........................AT 73RD AVE N ..........................SHORELINE ................................SHORELINE ................................
NOTE: SEE FEMA/FIA FLOOD INSURANCE STUDY DATED SEPT. 2004 AND FLOODWAY MAPS AND FIRM MAPS DATED SEPT 2004 FOR DETAILED INFORMATION ON FLOODWAY LIMITS AND PROFILES
I-1 - INDUSTRIAL PARKI-2 - GENERAL INDUSTRY
INDUSTRIAL
RESIDENTIALR1 - ONE FAMILY RESIDENCE (One Family Dwellings)R2 - TWO FAMILY RESIDENCE (One and Two-Family Dwellings)R3 - MULTIPLE FAMILY RESIDENCE (Townhouse/Garden Apts./CondosR4 - MULTIPLE FAMILY RESIDENCE (1-1/2 & 2-Story Dwellings)R5 - MULTIPLE FAMILY RESIDENCE (2-1/2 & 3 Story Dwellings)R6 - MULTIPLE FAMILY RESIDENCE (4 or 5 Story Dwellings)R7 - MULTIPLE FAMILY RESIDENCE (6+ Story Dwellings)
COMMERCIALC1 - SERVICE / OFFICE (Min. 1-ac. lots/3-story max.)C1A - SERVICE / OFFICE (Min. 1-ac. lots/No Height Limitations)C2 - COMMERCE
OPEN SPACEO1 - PUBLIC OPEN SPACE O2 - PUBLIC AND PRIVATE OPEN SPACE
PLANNED UNIT DEVELOPMENTThe underlying zoning is designated afterthe "PUD/___" (e.g. "PUD/C2" equalsPlanned Unit Development/Commerce)
(Refer to City Code Sect. 35-2240 for allowable uses and prohibited uses)
CC - CENTRAL COMMERCE OVERLAY
This map is neither a legally recorded map nor a survey and is not intended to be used as one. This map is a compilation of records,information and data located in various city, county, state and federal offices and other sources regarding the area shown, and is tobe used for reference purposes only. The City does not warrant that the Geographic Information System (GIS) Data used to preparethis map is error free, and the City does not represent that the GIS Data can be used for navigational, tracking or any other purposerequiring exacting measurement of distance or direction or precision in the depiction of geographic features. If errors or discrepanciesare found please contact (763) 569-3335. The preceding disclaimer is provided pursuant to Minnesota Statutes §466.03, Subd. 21 (2013),and the user of this map acknowledges that the City shall not be liable for any damages, and expressly waives all claims, and agrees todefend, indemnify, and hold harmless the City from any and all claims brought by User, its employees or agents, or third parties whicharise out of the user's access or use of data provided.
Document Path: L:\Users\ComDev\Zoning\Zoning Map 2015.mxd
08/12/19 -1-DRAFT
MINUTES OF THE PROCEEDINGS OF THE CITY COUNCIL/ECONOMIC
DEVELOPMENT AUTHORITY OF THE CITY OF BROOKLYN CENTER
IN THE COUNTY OF HENNEPIN AND
THE STATE OF MINNESOTA
WORK SESSION
AUGUST 12, 2019
CITY HALL – COUNCIL CHAMBERS
CALL TO ORDER
The Brooklyn Center City Council/Economic Development Authority (EDA) met in Work
Session called to order by Mayor/President Mike Elliott at 9:30 p.m.
ROLL CALL
Mayor/President Mike Elliott and Councilmembers/Commissioners April Graves, Kris
Lawrence-Anderson, and Dan Ryan. Councilmember/Commissioner Marquita Butler was absent
and excused. Also present were City Manager Curt Boganey, Deputy City Manager Reggie
Edwards, Community Development Director Meg Beekman, Planner and Zoning Administrator
Ginny McIntosh, Business and Workforce Development Coordinator Brett Angell, and City
Attorney Troy Gilchrist.
PLACES OF WORSHIP – ZONING AMENDMENT DISCUSSION
Community Development Director Meg Beekman reviewed a request to amend the I-2 Zoning
District to allow Places of Worship as an authorized use. A worship group wants to relocate its
religious use and community center to a property within the I-2 Zoning District as their current
facility on Brooklyn Boulevard is no longer available. They hope to stay within the community
as many of their members are residents of Brooklyn Center and Brooklyn Park.
Ms. Beekman stated the applicant has identified a site within the I-2 Zone, 4900 Brooklyn
Boulevard, and is seeking to purchase the site to create a community center, gathering and
worship space, events and classroom space and office. The community gathers several times a
week, evenings, and weekends.
Ms. Beekman stated the I-2 District is a heavier industrial use area. Religious uses are currently
permitted in the C-2 Zoning District as well as Residential Districts.
Ms. Beekman stated there is some concern regarding parking, which is limited on the site with
only 18 striped stalls. The City Planner measured the parking area and determined there is room
for a total of 25 stalls. City Staff has concerns regarding Fire Code compliance, egress issues,
and assembly use standards, and the building would require a change of use and compliance with
fire standards.
08/12/19 -2- DRAFT
Ms. Beekman stated there is a compliment in the hours of use, as the industrial area is used
predominantly during workday hours, and the worship would be evenings and weekends. She
added the property had been challenged due to its unique layout and location, so some synergy
would be created between how the site can meet their needs and what they would bring to the
facility.
Ms. Beekman stated City Staff had reviewed this issue with the City Attorney and the most
legally defensible way forward is to enact a Zoning Code text amendment to allow places of
worship as a specially permitted use within the I-2 District with conditions including building
use, ADA requirements, adequate parking and access, and fire suppression. These amendments
would apply to all properties within the I-2 Zoning District as spot zoning is prohibited in State
statute and only takes place absent of policy and Comprehensive Plan guidance.
Councilmember/Commissioner Graves asked whether there are other uses within this
neighborhood, in the I-2 Zoning District. Ms. Beekman stated there is a utility substation across
the street from the building and a railroad track to the south with no fencing.
City Attorney Troy Gilchrist stated the proposed Ordinance amendment can be set up so that a
use may be permitted on a particular property in the I-2 Zoning District, but not allowed on every
property in the Zoning District unless criteria are met.
Councilmember/Commissioner Ryan expressed his concern regarding changing a Zoning
District to allow a place of worship on industrial property that could potentially be valuable in
terms of tax capacity and commercial use. He added there are not many I-2 properties, and this
Ordinance amendment would set a precedent for other similar uses. He added the Special Use
Permit criteria would need to be very specific regarding types of uses
Mr. Gilchrist stated the amendment would determine that the use is generally appropriate, but the
City Council/EDA can apply criteria. He added a Special Use Permit would run with the
property, and a future owner would have the right to resume the operation within the criteria of
the permit.
Councilmember/Commissioner Ryan asked whether the applicant is aware of the additional costs
of compliance with fire suppression and ADA regulations. Ms. Beekman stated the applicant has
met with the building office and reviewed these issues as well as parking requirements. She
added specific information regarding capacity had not been provided.
Councilmember/Commissioner Ryan stated he would be willing to support this request if the
Special Use Permit would have solid criteria, and assuming the use would be tax-exempt, protect
the financial interests of the City.
Mayor/President Elliot agreed, adding City Staff could provide a draft amendment with criteria
for the City Council/EDA’s review.
Ms. Beekman stated the proposed amendment would be reviewed by the Planning Commission
before review by the City Council/EDA.
City of Brooklyn Center 35-45 City Ordinance
9. The storage area shall consist of a concrete or bituminous surface.
The property owner or responsible tenant shall keep the outdoor
storage areas free of refuse, trash, debris, weeds, and waste fill.
10. Any storage or placement of materials outside of the designated area
shall be a violation of the City Code.
11. A detailed site plan specifically delineating the storage area, including
the landscaping and lighting plans for said areas, must be approved by
the City Council.
Section 35-331. I-2 GENERAL INDUSTRY.
1. Permitted Uses
a. The following manufacturing activities.
1) Food and kindred products as illustrated by:
Dairy products
Bakery products
Confectionery and related products
Beverages, including beer, wine, and distilled alcohol
Macaroni, spaghetti and noodles
2) Textile mill products.
3) Apparel and other finished products made from fabrics, leather and
similar materials.
4) Lumber and wood products, except saw mills and planing mills
producing dimensioned lumber.
5) Furniture and fixtures.
6) Converted paper and paperboard products (as opposed to paper and
paperboard manufacturing).
7) Printing, publishing and allied industries.
8) Chemicals and allied products as follows:
Drugs
Soaps, detergents and cleaning preparations, perfumes, cosmetics and
other toilet preparations (compounding and packaging only)
Exhibit C
City of Brooklyn Center 35-46 City Ordinance
9) Miscellaneous plastic products.
10) Fabricated metal products as illustrated by:
Office computing and accounting machines
Household appliances
Electrical lighting and wiring equipment
Communication equipment, including radio and television receiving
sets
Electronic components and accessories
Screw machine product
Coating, engraving and allied services
11) Professional, scientific, electronic and controlling instruments,
photographic and optical goods, watches and clocks.
12) Miscellaneous manufacturing goods such as jewelry and silverware,
musical instruments and parts, toys, amusement, sporting and athletic
goods and pens, pencils and other office and artistic materials.
13) Assembly of electric powered vehicles.
b. The following wholesale trade activities:
1) Motor vehicles and automotive equipment.
2) Drugs, chemicals and allied products.
3) Dry goods and apparel.
4) Groceries and related products.
5) Electrical goods.
6) Hardware, plumbing, heating equipment and supplies.
7) Machinery, equipment and supplies.
8) Other wholesale trade similar in nature to the aforementioned uses
such as paper and paper products, furniture and home furnishings and
beer, wine, and distilled alcoholic beverages, but expressly excluding
petroleum bulk stations and scrap and waste materials and similar
uses.
City of Brooklyn Center 35-47 City Ordinance
c. The following service activities:
1) Laundrying, dry cleaning and dyeing.
2) Warehousing and storage.
3) Automobile and truck repair and wash.
4) Contract construction.
5) Kennels.
6) Veterinarian and animal hospitals.
7) Automobile and truck rental and leasing.
8) Gasoline service stations (See Section 35-414), motor vehicle repair
and auto washes provided they do not abut an R1, R2, or R3 district,
including abutment at a street line; trailer rental in conjunction with
these uses, provided that there is adequate trailer parking space.
d. Truck terminals or exchange stations.
e. Public transit terminals.
f. Accessory uses incidental to the foregoing principal uses when located upon
the same property with the use to which it is accessory. Such accessory uses
to include but not be restricted to the following:
1) Off-street parking and off-street loading.
2) Signs as permitted in the Brooklyn Center Sign Ordinance.
3) Storage of materials, provided that when the use abuts or is adjacent
to any residential zone such storage shall be within completely
enclosed buildings or effectively screened by a solid wall or fence,
including solid entrance and exit gates not less than six feet nor more
than eight feet in height.
g. Other uses similar in nature to the aforementioned uses, as determined by the
City Council.
2. Special Requirements
a. See Section 35-413 of these ordinances.
City of Brooklyn Center 35-48 City Ordinance
3. Special Uses
a. Foundries, provided that the foundry operation is a necessary incident to
a principal use permitted in the I-2 district.
b. Retail sales of products manufactured, processed or wholesaled at the use site.
c. Accessory off-site parking not located on the same property with the principal
use, subject to the provisions of Section 35-701.
Section 35-340. O-1 PUBLIC OPEN SPACE DISTRICT.
1. Permitted Uses
a. Public parks, playgrounds, athletic fields, and other recreational uses of a
noncommercial nature.
b. Accessory uses incidental to the foregoing principal uses when located on the
same property with the use to which it is accessory but not including any
business or industrial use. Such accessory uses to include but not be
restricted to the following:
1) Off-street parking.
2) Public recreational buildings and parks, playgrounds and athletic
fields.
3) Signs as permitted in the Brooklyn Center Sign Ordinance.
Section 35-341. O-2 PUBLIC AND PRIVATE OPEN SPACE DISTRICT.
1. Permitted Uses
a. Public parks, playgrounds, athletic fields and other recreational uses of a
noncommercial nature.
b. Commercial recreational facilities of a semi-open nature such as golf courses
and golf driving ranges.
c. Accessory uses incidental to the foregoing principal uses when located on the
same property with the use to which it is accessory but not including any
business or industrial uses. Such accessory uses to include but not be
restricted to the following:
1) Off-street parking.
1
610984v3BR291-16
CITY OF BROOKLYN CENTER
Notice is hereby given that a public hearing will be held on the ____ day of __________, 2019, at
7:00 p.m. or as soon thereafter as the matter may be heard at City Hall, 6301 Shingle Creek
Parkway, to consider an ordinance amending the zoning regulations to allow religious uses in the
General Industry (I-2) District as a special use.
Auxiliary aids for handicapped persons are available upon request at least 96 hours in advance.
Please contact the City Clerk at 763-569-3300 to make arrangements.
ORDINANCE NO. __________
AN ORDINANCE AMENDING CHAPTER 35 REGARDING USES ALLOWED IN
THE GENERAL INDUSTRY (I-2) DISTRICT
THE CITY COUNCIL OF THE CITY OF BROOKLYN CENTER DOES ORDAIN AS
FOLLOWS:
Article I. Legislative Findings. The City Council of the City of Brooklyn Center (“City”)
hereby finds and determines as follows:
1.The City currently allows places for religious assemblies in several zoning districts
within the City, but the use is currently not allowed in the City’s General Industry (I-2)
District;
2.The City desires to accommodate religious uses to the extent reasonably possible, but the
City has previously not allowed such uses in this industrial district because the properties
within this type of district:
a.Contain structures that were built to accommodate manufacturing, warehousing,
or other industrial uses not intended for occupation by the general public;
b.These properties typically contain small parking lots because industrial uses have
relatively few employees and few customers visiting the site, compared to
assembly uses that typically require a large amount of on-site parking to
accommodate the members and participants; and
c.Converting existing industrial structures to comply with the various codes
applicable to assembly uses can be costly;
3.Religious uses can create certain negative impacts on an area including, but not limited
to, traffic and parking concerns depending on the size and the scope of their operations;
4.In order to allow the City to fully consider the potential impacts of a proposed use and to
develop conditions to mitigate or eliminate those impacts, it is appropriate to require a
religious use proposing to locate in the I-2 District to obtain a special use permit from the
Exhibit D
2
610984v3BR291-16
City and to ensure such uses meet the minimum requirements and standards imposed by
the City Code; and
5. The City Council determines it is in the best interests of the City to allow religious uses
in the I-2 District pursuant to a special use permit, provided they can satisfy the
applicable codes, standards, and requirements.
Article II. Special Uses. Section 35-331, paragraph 3 of the Brooklyn Center City Code
identifying the uses allowed in the General Industry District as a special use is hereby amended
as follows:
3. Special Uses
a. Foundries, provided that the foundry operation is a necessary incident
to a principal use permitted in the I-2 district.
b. Retail sales of products manufactured, processed or wholesaled at the use site.
c. Accessory off-site parking not located on the same property with the
principal use, subject to the provisions of Section 35-701.
d. Places for religious assemblies such as chapels, churches, temples, mosques,
and synagogues, provided the use complies with the minimum parking
standards in Section 35-700 and other applicable standards.
Article III. Effective Date. This ordinance shall become effective after adoption and upon
thirty days following its legal publication.
Adopted this ___ day of __________, 2019.
____________________________
Mike Elliott, Mayor
ATTEST: _________________________
City Clerk
Date of Publication _________________________
Effective Date _____________________________
(Strikeout indicates matter to be deleted, double underline indicates new matter.)
Commissioner introduced the following resolution and
moved its adoption:
PLANNING COMMISSION RESOLUTION NO. 2019-013
RESOLUTION REGARDING THE RECOMMENDED DISPOSITION OF
PLANNING COMMISSION APPLICATION NO. 2019-015 FOR ADOPTION OF
A ZONING AMENDMENT REGARDING ALLOWED USES WITHIN THE I-2
(GENERAL INDUSTRY) DISTRICT
WHEREAS, the Planning Commission held a public hearing, after due notice having been
provided, on September 12, 2019, on a proposed ordinance titled AN ORDINANCE
AMENDING CHAPTER 35 REGARDING USES ALLOWED IN THE GENERAL INDUSTRY
(I-2) DISRICT (“Ordinance”); and
WHEREAS, the Ordinance amends the list of uses allowed by special use within the I-2
(General Industry) District (“District”) to incorporate “places for religious assemblies such as
chapels, churches, temples, mosques, and synagogues, provided the use complies with the
minimum parking standards in Section 35-700 and other applicable standards,” and
WHEREAS, the Planning Commission heard from those wishing to speak on the proposed
Ordinance, discussed it, and determined that the proposed amendment is consistent with the intent
of the District and in the best interests of the City.
NOW, THEREFORE, BE IT RESOLVED, that the Planning Commission of the City of
Brooklyn Center, Minnesota hereby forwards the proposed Ordinance to the City Council with a
recommendation that it be adopted as presented.
September 12, 2019
Date Randall Christensen, Chair
ATTEST:
Ginny McIntosh, Secretary
The motion for the adoption of the foregoing resolution was duly seconded by member
and upon vote being taken thereon, the following voted in favor thereof:
and the following voted against the same:
whereupon said resolution was declared duly passed and adopted.
Exhibit E
North
Neighborhood
Main Street
and Retail
Park and
Recreational Feature
South
Neighborhood
Opportunity Site Draft Concept
An invi�ng, a�rac�ve, walkable,
mixed use and vibrant downtown.
Hwy 100
S h i n g l e C r e e k P k w y
Bass Lake Rd
OPEN HOUSE
Brookdale Library
6125 Shingle Creek Pkwy,
Brooklyn Center
Thursday, Sept. 19, 2019
6:00 - 8:00 p.m.
Whe
Wher
Learn more and provide input on
the City’s master planning efforts
for the Opportunity Site located
between Shingle Creek Parkway
and Highway 100.
Wha
Opportunity Site - Master Planning Work
Pleas Joi U!