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HomeMy WebLinkAbout2021-09-09 PCPPLANNING COMMISSION CITY OF BROOKLYN CENTER VIRTUAL MEETING SEPTEMBER 9, 2021 This VIRTUAL meeting is being conducted by electronic means in accordance with Minnesota Statutes, Section 13D.021. Public access to the Webex meeting is below: Online: logis.webex.com | Phone: (312) 535-8110 Meeting Number (Access Code): 177 420 1439 Passcode: BCPC09092021 1.Call to Order – 7 p.m. 2.Roll Call 3.Approval of Agenda a.Motion to Approve Planning Commission Meeting Agenda for September 9, 2021 4.Approval of Minutes a.Motion to Approve Regular Meeting Minutes for June 10, 2021 b.Motion to Approve Regular Meeting Minutes for August 12, 2021—Request to Move to Future Planning Commission Meeting 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. 2021-003 (PUBLIC HEARING) Applicant: Evangelical Lutheran Church of the Master Project Location: 1107 Emerson Lane, 6907 Dupont Avenue North, 1100 69th Avenue North, and 1200 69th Avenue North Summary: The Applicant is requesting review of a proposal to re-plat approximately 6.69 acres of property located at the northwest corner of 69th Avenue North and Dupont Avenue North, which would allow for the sale of an existing seven-unit apartment building on approximately 0.47 acres. The request also requires approval of certain re-zoning, an amendment to the Planned Unit Development, and issuance of a Special Use Permit to allow for the continuation of certain church/ancillary uses. A Comprehensive Plan Amendment shall be requested to reflect the updated zoning and separation of the apartment building from its association with the adjacent church and future land use designation as an institutional use. b. Planning Commission Application No. 2021-004 (PUBLIC HEARING) Applicant: Kyle Thompson of Hoyt Properties (on behalf of Fraser) Project Location: 6701 Parkway Circle Summary: The Applicant is requesting review and consideration of a request PLANNING COMMISSION CITY OF BROOKLYN CENTER VIRTUAL MEETING SEPTEMBER 9, 2021 This VIRTUAL meeting is being conducted by electronic means in accordance with Minnesota Statutes, Section 13D.021. Public access to the Webex meeting is below: Online: logis.webex.com | Phone: (312) 535-8110 Meeting Number (Access Code): 177 420 1439 Passcode: BCPC09092021 that would allow a children’s day treatment clinic within an approximately 8,248-square foot space. The Subject Property is zoned PUD-I1 (Planned Unit Development/Industrial Park) District and the amended and restated Planned Unit Development agreement on record requires that the Subject Property be limited only to permitted uses in the City’s I-1 zoning district. As medical clinics are not an outlined use within the underlying I-1 District, the Applicant would require a special use determination per Section 35-330 of the City Code of Ordinances. c.Planning Commission Application No. 2021-005 (PUBLIC HEARING) Applicant: Evangelical Lutheran Church of the Master Project Location: 1200 69th Avenue North Summary: The Applicant is requesting review and consideration of a proposal to replace an existing monument sign with a new Dynamic Messages Sign (DMS) at approximately the same location as an existing sign along the south portion of the Subject Property and fronting 69th Avenue North. Per Section 34.140.1.I, approval and issuance of a Special Use Permit is required. 7.Discussion Items a.Availability for Joint Planning and Housing Commission Work Sessions b.October 14th Planning Commission Meeting 8.Adjournment PC Minutes 06-10-21 -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 JUNE 10, 2021 1.CALL TO ORDER The Planning Commission meeting was called to order by Chair Koenig at 7:00 p.m. The meeting was conducted via Webex. 2.ROLL CALL Chair Alexander Koenig, Commissioners Peter Omari, Stephanie Jones, and Paris Dunn. Commissioner Alfreda Daniels was absent and excused. City Planner and Zoning Administrator Ginny McIntosh and Community Development Director Meg Beekman were also present. 3.OATH OF OFFICE (Paris Dunn) Chair Koenig welcomed Paris Dunn to the Planning Commission. He added it is very interesting to learn the inner processes that go on behind the scenes with City Staff, the Administration, and many others. He asked Mr. Dunn to introduce himself. Paris Dunn stated a lot of the planning and ideals were set up a long time ago, and he hopes he can help by bringing some fresh ideas and a new mindset. Ms. McIntosh administered the Oath of Office to Mr. Dunn. 4.APPROVAL OF AGENDA – JUNE 10, 2021 There was a motion by Commissioner Jones, seconded by Commissioner Omari, to approve the agenda for the June 10, 2021 meeting as presented. The motion passed unanimously. 5.APPROVAL OF MINUTES a.February 11, 2021 Regular and Work Session Meeting Minutes There was a motion by Commissioner Jones, seconded by Commissioner Omari, to approve the minutes of the February 11, 2021 regular and work session meetings as presented. The motion passed unanimously. b.March 11, 2021 Work Session Meeting Minutes PC Minutes 06-10-21 -2- DRAFT There was a motion by Commissioner Omari, seconded by Commissioner Jones, to approve the minutes of the March 11, 2021 work session meeting as presented. The motion passed unanimously. 6. CHAIR’S EXPLANATION Chair Koenig explained the Planning Commission’s role as an advisory body. One of the Commission’s functions is to hold public hearings. In the matters concerned in these hearings, the Commission makes recommendations to the City Council. The City Council makes all final decisions in these matters. 7. PLANNING APPLICATION ITEMS 6a) Planning Commission Application No. 2021-001 (PUBLIC HEARING – REQUEST TO WITHDRAW received by Applicant June 8, 2021) Applicant: Evangelical Lutheran Church of the Master Property Address: 1107 Emerson Lane, 6907 Dupont Avenue North and 1100 69th Avenue North Summary: The Applicant is requesting a review of a proposal to re- plat approximately 1.31 acres of property located at the northwest corner of 69th Avenue North and Dupont Avenue North, which would allow for the sale of an existing seven- unit apartment building on approximately 0.47 acres. The request would require amendment to an existing PUD, and a re-zoning of the aforementioned apartment building property. A Comprehensive Plan Amendment shall be requested to reflect the updated zoning and separation of the apartment building from its association with the adjacent church and future land use designation as an institutional use. City Planner Ginny McIntosh stated that Evangelical Lutheran Church of the Master has requested that their application be withdrawn to give them time to do additional review and research regarding prior approvals in the 1990s as well as address staff comments regarding the proposed preliminary and final plats. Once able to address these items, the intent is for the Applicant to re-submit. 6b) Planning Commission Application No. 2021-002 (PUBLIC HEARING) Applicant: Aeon | The Crest Apartments LLC Property Address: 6221 Shingle Creek Parkway Summary: The Applicant is requesting review of a proposal to construct a new five-story, 48-unit apartment building. The new building would focus on providing housing for families in 1, 2, and 3-bedroom units and be physically connected to the existing 13-story, 122-unit Crest PC Minutes 06-10-21 -3- DRAFT Apartment building, which would be renovated as part of the overall project. A single studio unit would be added to the existing Crest Apartment building in an existing office space for a total of 171 units between both buildings. Due to the nature of the request, approval of a site and building plan and establishment of a Planned Unit Development is required. A zoning code test amendment is also required to remove the Subject Property from the Central Commerce Overlay District, in addition to a comprehensive plan amendment to accommodate additional density needs. Ms. McIntosh reviewed an application from Aeon/Crest Apartments, LLC, for site and building plan; Planned Unit Development (PUD); Zoning Code amendment; and Comprehensive Plan amendment. She added the request is to allow for construction of a 48-unit multi-family residential building and related site improvements at 6221 Shingle Creek Parkway. Ms. McIntosh stated the site and building plan was originally approved under in 1972 through a low-rent housing program through the Federal Housing Administration. She added Aeon purchased the property in July 2012 through the HUD foreclosure process to ensure affordability for residents. She noted there have been many discussions over the past 7 years about a future build out to the 4.37-acre site, and the applicant decided to submit this application after they received City Council feedback during a concept review of the proposal. Ms. McIntosh stated City Staff have reviewed existing conditions, including the 13-story apartment building that is on the site. She added a Comprehensive Plan amendment is required to allow for the additional density needs, which must be approved by the Metropolitan Council through separate process after review and approval from local governing bodies. Ms. McIntosh stated noted the Crest property has a land use designation of Commercial Mixed Use, with densities between 10-25 dwelling units per acre. She added, based on the proposal of 171 apartment units, the proposed project would create a density of 39.1 dwelling units per acre, and the existing Crest apartment building has a density of 27.9 dwelling units per acre. She noted there are already existing residential properties, including the Crest and the Lux, that have Commercial Mixed Use designations that currently exceed the maximum 25 dwelling units per acre threshold and that this was an oversight during the 2040 Comprehensive Plan process. Ms. McIntosh stated City Staff is requesting that the density range move from 10-25 dwelling units per acre to 10-60 dwelling units per acre. Ms. McIntosh stated a Zoning Code amendment will also be required, as the property lies within the Central Commerce Overlay District which provides additional regulations and development criteria over the underlying zoning district. She added residential uses are not listed as a use, and therefore are not permitted, although there are multi-family residential properties in this overlay district that pre-date its establishment. She noted the Zoning Code is currently under revision, but given the timing, removing the property from the Overlay District is the best path forward. PC Minutes 06-10-21 -4- DRAFT Ms. McIntosh stated the property is proposed to be re-zoned to Planned Unit Development (PUD). She added the PUD allows flexibility for developments that would not normally be allowed under City Code, encourages higher quality developments; and meets other City goals. She noted, in this case, the request is to re-zone the property from R-7 Multi-Family Residential, the City’s most dense district with a maximum of 31 dwelling units per acre, to Planned Unit Development/Commercial Mixed-Use. Ms. McIntosh stated the site and building plan approval is requested to construct a 48-unit, five- story apartment building with a single level of garage space. She added the new building will be connected through the lobby via a pedestrian walkway to the existing 13-story Crest apartment building. She noted the proposed new building, with 4 – 1 bedroom units, 28 2-bedroom units, and 16 3- bedroom units, would have a total of 48 units, while the existing building has 78 1- bedroom units and 44 2-bedroom units and a new studio unit, for a total of 171 units in both buildings. Ms. McIntosh stated the new 48-unit apartment building would have a community room, fitness center, learning center, and laundry rooms on each floor and the property would feature a new playground structure, garden boxes for residents, and a patio off the community room. Ms. McIntosh stated building setbacks are not a concern, as the proposed building would be set back from Shingle Creek Parkway by approximately 300 feet and 93 feet from the Centennial Park. She added the new building would be set back from the property line shared with City Hall by approximately 65 feet, which would be the new building’s closest setback point. She noted that PUDs typically stipulate a minimum of 50-percent Class 1 type building materials on each elevation. She noted City Staff would require an exhibit of materials denoting the materials breakdown, which has not been received from the applicant. Ms. McIntosh stated the existing building has 123 onsite parking spaces, where 342 spaces should have been required under current zoning regulations and assuming a minimum of two parking spaces per dwelling unit. She added 121 proof parking spaces were proposed as part of the original approval in the 1970s, but were never constructed. She noted the new building will have 164 spaces plus 31 spaces in an enclosed parking garage for a total of 195 spaces. An additional 14 proof of parking are denoted to the east of the existing Crest apartment building if it is later determined there is a need. Ms. McIntosh stated a lighting and photometric plan was provided and appears to be in compliance with lighting requirements. She added City staff requested that the applicant ensure that there is sufficient lighting for entrances and exits, near walkways and all proposed amenities such as the new trash enclosure, playground, etc. Additional attention should be paid to anticipated pedestrian ways as it is presumed many of the residents will be utilizing the nearby transit stop and trails that connect down to Shingle Creek Crossing, etc. Ms. McIntosh stated the applicant proposes to add a new trash enclosure on the southeast corner of the new building. She added City Staff will require confirmation regarding whether the existing trash enclosure will remain on site, and if so, improvements will need to be made to meet City Code requirements. She noted a diagram showing turn radius for large vehicles will PC Minutes 06-10-21 -5- DRAFT be required, as well as a proposal for trash and recycling containers and their distribution throughout the site. Ms. McIntosh stated all ground-mounted equipment and rooftop equipment must be screened from the right of way. She added existing equipment on the northeast corner of the existing building must be fully screened. She noted the proposed landscaping includes native plantings to reduce the use of fertilizer due to the proximity of the development to Shingle Creek, and City Staff is recommending the planting of conifers for diversity. Ms. McIntosh stated the applicant has not provided a request for signage, although a sign is depicted on the project drawings with no dimensions or specifications. She added any signage must comply with the City’s Sign Code, which is undergoing an update and may change. Ms. McIntosh stated the Assistant City Engineer’s June 4, 2021 memo notes that a permit and watershed plan review are required, showing additional attempts to capture and re-route surface water. She added the applicant noted that a stormwater system would be installed as part of the improvements. Ms. McIntosh stated the Fire Inspector and Building Official have reviewed the proposal, and the applicant would need to comply with 2020 Fire Code and minimum fire access width requirements. She added Sewer Access Charges will be required by the Metropolitan Council, as well as ADA compliance measures. She noted City Staff are requesting a Crime Prevention Through Environmental Design (CPTED) review, pending release of permits. Ms. McIntosh stated notification of this public hearing was published on May 27, 2021, and mail notices sent to adjacent residential properties fronting the western edge of Centennial Park. She added a development proposal sign was placed near Shingle Creek Parkway with information regarding the development. She noted City Staff have not received any public comments. Ms. McIntosh stated City Staff recommends Planning Commission recommendation of City Council approval for site and building plan, Planned Unit Development, Zoning Code amendment, and 2040 Comprehensive Plan amendment for a new development at 6221 Shingle Creek Parkway. She added the Comprehensive Plan amendment will be subject to final approval by the Metropolitan Council. Chair Koenig asked what would prevent this application from passing, beyond the historical information and the fact that it is prohibited in the current Zoning Code. Ms. McIntosh stated the first stopping point is that the Central Commerce Overlay District, where the Subject Property is located, does not allow residential development, but the existing building and use would is considered “grandfathered” in. Chair Koenig stated he thinks this is a fabulous project, and the new addition fits perfectly at that location. He added he loves that the development will serve families and that it is close to parks, the library, shopping, and many places to walk and bike. He noted, in the future, there will be PC Minutes 06-10-21 -6- DRAFT development across Shingle Creek Parkway with potential jobs, and he hopes the developer will construct the project artfully and manage it diligently. OPEN TO PUBLIC COMMENTS – APPLICATION NO. 2021-002 There was a motion by Commissioner Jones, seconded by Commissioner Omari, to open the public hearing on Application No. 2021-001. The motion passed unanimously. Randy Christensen asked about the block material that is proposed for the exterior façade, and how much of it and where it will be used, rather than a different type of material. He added it is a cinder block style. He noted he is not sure what type of materials are allowed or required. Mr. Christensen stated this is a great project and it fits the area well. He added he is in favor of adjusted parking for the development. MOTION TO CLOSE PUBLIC COMMENTS (HEARING) There was a motion by Commissioner Omari, seconded by Chair Koenig, to close the public hearing on Application No. 2021-002. The motion passed unanimously. ACTION TO RECOMMEND APPROVAL OF PLANNING COMMISSION RESOLUTION NO. 2021-001 REGARDING THE RECOMMENDED DISPOSITION OF PLANNING COMMISSION APPLICATION NO. 2021-001 SUBMITTED BY AEON | CREST APARTMENTS LLC There was a motion by Commissioner Jones, seconded by Commissioner Omari, to approve Planning Commission RESOLUTION NO. 2021-001. Voting in favor: Chair Koenig, Commissioners Omari, Jones and Dunn. And the following voted against the same: None The motion passed unanimously. Ms. McIntosh stated she would follow up with the applicants within the next few days regarding when the application will be reviewed by City Council. 7. DISCUSSION ITEMS a. Availability for Joint Planning and Housing Commission Work Session (Tuesday, June 29) Chair Koenig stated he is available on June 29th to attend a joint work session. He asked what time the work session will start. PC Minutes 06-10-21 -7- DRAFT Commissioner Jones stated that date works for her, but she would prefer a start time after 6:00 p.m. Commissioner Dunn stated any time after 6:00 p.m. is fine for him. Chair Koenig stated the Council and City Staff are embarking on an ambitious development, and the Planning Commissioners should all do their best to attend every meeting. He added this be a very fruitful time for Brooklyn Center, and informative for all the Commissioners. Ms. McIntosh stated she would let the consultant know that June 29th after 6:00 p.m. works for the Commissioners. b. City Hall Re-opening and Discussion Regarding Future Meeting Format Ms. McIntosh stated there have been discussions about re-opening City Hall for holding City meetings. She added City Staff would like to gauge the comfort level of Commissioners about meeting in person, and having members of the public come to meetings. Chair Koenig stated he is comfortable with in-person meetings, but the virtual meetings are very convenient. He added in-person meetings have a certain value for Commissioners and residents to come together and participate, lending an environment where everyone is part of the process. Chair Koenig stated meetings could be held in person, and people can also join online if they prefer. He added that would be an ideal solution for a few months, and then go from there. Chair Omari stated many people, like himself, have underlying medical conditions, and the vaccine is not completely effective for prevention purposes. He added there are many people who are not vaccinated, which increases the potential of spreading the virus. He noted meeting attendees could be asked to show their vaccination card at the door, as a way to vet people, but a large segment of the population is not vaccinated, and it would not be healthy to be back in person. Chair Koenig stated he agrees, and he would be fine with continuing to hold online meetings. Commissioner Jones stated she agrees with Chair Koenig that it is convenient to join meetings at home. She added she can see the value of attending in person, but the City has done pretty well with Webex meetings. which have gone pretty well, and she is not vaccinated. Commissioner Dunn stated it is too early to tell if the vaccine is a sure thing, and the virtual meetings gives the Commissioners another way of meeting together. He added he is fine with having virtual meetings through the fall. Chair Koenig stated there appears to be a consensus that the Planning Commissioners would like to continue holding Webex distanced meetings. PC Minutes 06-10-21 -8- DRAFT Ms. McIntosh stated she will take that into account. She added there are still some follow-up issues to be resolved, and the logistics are still being worked out by City Staff. She noted decisions will be finalized within the next month or so. C. Upcoming City of Brooklyn Center Draft Zoning Code Public Town Hall Meetings (July 6, 13 and 20) Community Development Director Meg Beekman stated the City’s Zoning Code Task Force has been working on a much-needed Zoning Code update. She added the current Zoning Code was codified in the 1960s, and it is extremely outdated and does not align with State law or the City’s Comprehensive Plan. Ms. Beekman stated it is important to update the City Code and make it easy to read, understand, and interpret, to ensure that the City gets desirable development projects, to encourage people to do what they want with their properties and stay in the community. She added there is a lot of work to be done in terms of specific residential and commercial design standards. She noted the Task Force intends to reconvene to go over the draft Zoning Code. Ms. Beekman stated City Staff has scheduled three virtual Town Hall meetings in July, covering different topics: July 6 - residential design standards; July 13 - commercial design standards; and July 20, water and natural resource protections. She added the City has a new Shoreland Overlay District and Mississippi River Corridor Critical Area, and residents in those areas should have an opportunity to provide feedback and comments. She noted workshops will be scheduled in July and August for the Planning and Housing Commissioners on using the new Zoning Code, as it will be more functional and usable. She noted Planning Commissioners can register to attend the virtual Town Hall Meetings on the “Becoming Brooklyn Center” project website. Ms. Beekman confirmed these will be virtual Town Hall meetings. 8. ADJOURNMENT Commissioner Jones asked Commissioner Dunn to give a little background about himself. Commissioner Dunn stated he came to Minnesota over 30 years ago and moved with his family to Brooklyn Center approximately 15 years ago. He added he sees a lot of opportunity in the community to grow, compared with other communities that are already growing, and he hopes he can contribute and bring fresh ideas. He noted Brooklyn Center is a place where his young family can stay and grow. Commissioner Koenig agreed, stressing the importance of making Brooklyn Center a place where families want to stay, and be a part of the community. There was a motion by Commissioner Jones, seconded by Commissioner Dunn, to adjourn the Planning Commission meeting. The motion passed unanimously. The meeting adjourned at 8:20 p.m. PC Minutes 06-10-21 -9- DRAFT _______________________________ _______________________________ Ginny McIntosh, Secretary Alexander Koenig, Chair App. No. 2021-003 PC 09/09/2021 Page 1 Planning Commission Report Original Meeting Date: August 12, 2021 Updated Meeting Date: September 9, 2021 Application No. 2021-003 Applicant: Evangelical Lutheran Church of the Master Location: 1107 Emerson Lane, 6907 Dupont Avenue North, 1100 69th Avenue North, and 1200 69th Avenue North Requests: (1) Preliminary and Final Plat for the 69th Avenue North Addition, (2) PUD Amendment, (3) Special Use Permit, (4) Rezoning, and (5) Comprehensive Plan Amendment REQUESTED ACTION Evangelical Lutheran Church of the Master (“The Applicant”) is requesting review and consideration for approval of a preliminary and final plat, re-zoning, Planned Unit Development (PUD) amendment, and Special Use Permit. The Applicant is also requesting the recommended approval of a comprehensive plan amendment that would amend the 2040 future land use designation of the standalone seven-unit apartment building located at 1100 69th Avenue North, which is intended for sale, from its current designation of “Public/Semi-Public and Institutional” to “Medium Density Residential (5.01-15 Dwelling Units per Acre).” The properties under consideration within this report are all currently owned by the Evangelical Lutheran Church of the Master and encompass the following addresses: 1107 Emerson Lane, 6907 Dupont Avenue North, 1100 69th Avenue North, and 1200 69th Avenue North. Refer to Exhibit A. The Applicant originally submitted an application (Planning Commission Application No. 2021-001) for consideration back in June 2021; however, following City staff review of the requests and past City approvals, it was determined that additional time and information was required before the Applicant could proceed with the request and the Applicant requested a formal application withdrawal on June 8, 2021. Due to the nature of the requests, a public hearing is required. A public notice was published in the Brooklyn Center Sun Post on July 29th, 2021 (Exhibit B). As mail notifications had been previously delivered to those properties within proximity to the Subject Property as part of the first public notification under Planning Commission Application No. 2021-001, a second mail notification was mailed to residents with additional information regarding the Applicant’s withdrawal of the first application and a re-notice for the new application. Given that a Mayoral Declaration of a Local Emergency was passed by City Council on August 9, 2021 under City Council Resolution No. 2021-95 and after public notice had already been made in the newspaper and by mail, City staff dropped off flyers to each of the properties within the notification area as the meeting changed from in-person to virtual as per the provisions of Minnesota State Statute 13D.021. During the course of the virtual Planning Commission meeting on August 12, 2021 and scheduled public hearing for Planning Commission Application No. 2021-003, City staff was alerted to issues accessing the • Application Filed: 7/13/2021 • Review Period (60-day) Deadline: 9/10/2021 • Extension Declared: Yes • Extended Review Period Deadline: 11/10/2021 App. No. 2021-003 PC 09/09/2021 Page 2 virtual meeting via the link posted on the City’s website and the Planning Commission chose to adjourn the meeting, requiring that an extension to the application be made as well as a re-notice of the public hearing. City staff later determined that the posted meeting website link (logis.webex.com) and associated access code and password posted to the City website and in the flyers delivered to properties within the identified notification area were correct; however, the embedded hyperlink on the City website contained information that directed to the June Planning Commission meeting. City staff sent a 60-day extension letter to the Applicant following the August Planning Commission meeting, and re-posted a public notification in the Brooklyn Center Sun Post with a publication date of August 26, 2021. Mail notifications were sent to the affected residents with language clarifying the reasoning behind the multiple notifications. At this time, those residents within the area of notification (121 properties) have been the recipients of four (4) public hearing notifications, in addition to some having received notification of a request for issuance of a Special Use Permit for a new digital sign for the Evangelical Lutheran Church of the Master (1200 69th Avenue North) under Planning Commission Application No. 2021-005, which requires a separate public hearing and action. COMPREHENSIVE PLAN AND ZONING STANDARDS Map 1. Existing Configuration of Subject Property 2040 Future Land Use Plan: Public/Semi-Public/Institutional Neighborhood: Evergreen Current Zoning: PUD/R1 (One Family Residence) District, R-4 (Multiple Family Residence) District* – Refer to comments in Re-zoning Section below. 1107 Emerson Lane, 6907 Dupont Avenue North, 1100 69th Avenue North, and 1200 69th Avenue North (Lutheran Church of the Master) App. No. 2021-003 PC 09/09/2021 Page 3 Surrounding Zoning: North: R1 (One Family Residence) District East: R1 (One Family Residence) District (Evergreen Park) South: R1 (One Family Residence) District West: R5 (Multi Family Residence) District Site Area: 6.69 total acres – re-plat of approximately 0.47 acres (Lot 2, Block 1, 69th Avenue North Addition) BACKGROUND Image 1. Existing Configuration of Subject Property and 1971 Configuration of Subject Property Lutheran Church of the Master was originally constructed in 1961 and was approved for an addition in 1966 (Planning Commission Application No. 66018). In 1973, a Special Use Permit was issued for the church property at 1200 69th Avenue North to operate a nursery school (Planning Commission Application No. 73044). In 1980, the Applicant received approval for a 9,000-square foot fellowship hall and administrative office addition to 1200 69th Avenue North under Planning Commission Application No. 80025. It was noted under this application that the church was zoned R-1 and that churches are a special use within the R-1 District. As a condition of the approvals under this application, the Applicant was required to plat the then un- platted church property to comply with the City’s Subdivision Ordinance. There is record of this step taking place with record of Planning Commission Application No. 80044, which approved a preliminary plat. In 1994 (Planning Commission Application No. 94003), the Applicant received approval to combine the church property located at 1200 69th Avenue North and a single family residential lot (formerly known as 1120 69th Avenue North), which allowed for an expansion to the church’s south parking lot off 69th Avenue North. In 1994, Evangelical Lutheran Church of the Master (“the Applicant”) submitted Planning Commission Application No. 94009 to request a re-zoning of the Subject Property (1107 Emerson Lane, 6907 Dupont Avenue North, 1100 69th Avenue North, and 1200 69th Avenue North) from their respective R1 (One Family Residence) and R4 (Multiple Family Residence) District zoning designations to PUD/R1 (Planned Unit Development/One Family Residence District). This was to allow for what would ultimately become a church campus. The subsequently approved City Council Resolution No. 94-244 (Resolution Regarding Disposition of Planning Commission Application No. 94009 Submitted by the Evangelical Lutheran Church App. No. 2021-003 PC 09/09/2021 Page 4 of the Master) outlined conditions and considerations relating to each of the buildings falling within the identified PUD and their outlined usage and operations. The associated Planning Commission report, dated September 15th, 1994, states, “The Applicant is requesting rezoning and plan approval, through the Planned Unit Development process, to incorporate three apartment buildings located immediately east of the Lutheran Church of the Master into a full church use over a phased, or staged, period of time. The rezoning proposal is for a PUD/R-1 designation to include the church property, addressed 1200 69th Avenue North, and the three apartment buildings east of the church currently addressed as 1107 Emerson Lane, 1100 69th Avenue North, and 6907 Dupont Avenue North (Exhibit C).” The PUD/R1 zoning designation was intended to allow the incorporation and use of the apartment buildings by the church over time, in a manner consistent with the City’s Zoning Ordinance. Church uses are permitted as a special use in the R-1 (One Family Residence) Zoning District, but are not a permitted use in the R-4 (Multiple Family Residence) Zoning District. The church acquired the three, seven-unit apartment buildings at the above stated addresses with the intent of phasing each building into an extension of church uses including a teaching facility for the children of the church, large group meeting space, and the church’s global mission center, which would retain apartment units for use of missionary families. The ultimate conversion of all three apartment buildings into church use was scheduled to be completed by 1998. The recommended approval was subject to the execution of a development agreement between the City and the Applicant, outlining the phasing of the proposal, including when planning, watershed approval, and a presentation of plan sets would have to be accomplished. This was included in the conditions of approval found City Council Resolution No. 94-244. City staff is in possession of an executed Development Agreement between the City and Evangelical Lutheran Church of the Master which was executed on November 21st, 1994, and a Declaration of Covenants and Restrictions dated September 24, 1998. Under Paragraph 2.3, the Development Agreement states, “No building permits or certificates of occupancy for church uses of Phase II or Phase III Properties will be issued by the City until all of the following conditions have been met: A. The City has approved for the unified development of the Chazin Property and the Church property a site plan, floor, plan, landscaping plan, drainage and utility plan, and all of the requirements of the development plan set forth in city code Section 35-355, subd. 5, preliminary and final plat approval, and the issuance of a special use permit for church uses. B. The City and the Developer have executed a final development and PUD agreement for the Chazin and Church Properties.” Per Exhibit D (Development Agreement), Image 2. Excerpt of Development Agreement on file (Planning Commission Application No. 94009) App. No. 2021-003 PC 09/09/2021 Page 5 Although City staff has record of a preliminary and final plat being reviewed and approved in late 1998 (Exhibit D), the Applicant appears to have not completed the final plat recording process or special use permit requirements as outlined in the Development Agreement. Additionally, a final development agreement and formal PUD agreement was never executed. Although not reflected in the City’s current zoning map, this failure to satisfy the requirements of the Development Agreement means that the properties at 1107 Emerson Lane, 6907 Dupont Avenue North, and 1100 69th Avenue North have all reverted back to their original R-4 District zoning designation. Additionally, the Church’s PUD agreement must be amended and restated to reflect the current application requests. In order for the Applicant to proceed with any future sale of the 1100 69th Avenue North apartment building, a preliminary and final plat shall ultimately be approved by City Council, and the final plat recorded with Hennepin County. PRELIMINARY AND FINAL PLAT As stated previously, a request to approve a preliminary plat reflecting the combination of the main church property (1200 69th Avenue North) and the three former apartment buildings acquired (1107 Emerson Lane, 6907 Dupont Avenue North, and 1100 69th Avenue North) was brought forward and approved by the Planning Commission in 1998 under Planning Commission Application No. City records further note approval of a final plat (City Council Resolution No. 98-185); however, for reasons unknown, it appears that the final plat/mylar were never recorded and Hennepin County records and mapping does not reflect what was to be “Evangelical Church of the Master 3rd Addition.” City Code Section 35-540 (Combination of Land Parcels) outlines that, “multiple parcels of land which are contiguous and adjacent and which are proposed to serve a single development use and which are under common ownership shall be combined into a single parcel through platting or registered land survey.” It is the intent of the Applicant to retain to the two north buildings (1107 Emerson Lane and 6907 Dupont Avenue North), which are connected by a series of two breezeways to the main church building at 1200 69th Avenue North 1200 69th Avenue North (main church property. Given the direction and intent to sell 1100 69th Avenue North, which is a standalone apartment building, the proposed preliminary and plat identifies the creation of a separate lot (Lot 2) for this property. The Applicant intents to re-stripe the parking lot as needed to provide the minimum two (2) parking spaces per dwelling unit. As two (2) existing parking spaces will remain with the larger combined parcel (Lot 1), a cross access agreement will be required to address the access and parking off of Dupont Avenue North. The two main parking lots at 1200 69th Avenue North provide ample parking for the inclusion of the buildings at 1107 Emerson Lane and 6907 Dupont Avenue North to meet parking requirements. Engineering Review Assistant City Engineer Andrew Hogg conducted a review of the application submittal and documentation. Comments regarding this application can be found in the memorandum to City staff and dated August 6, 2021, and hereto attached Exhibit E. It is noted within the memorandum that a 10 foot drainage and utility easement must be dedicated on the plat around the entire perimeter of the site. A cross access agreement for access off of Dupont Avenue shall also be provided. App. No. 2021-003 PC 09/09/2021 Page 6 The Applicant will also need to provide a current certificate of title or title commitment to the City Planner and City Attorney for review. As a final note, City staff discussed the placement of the northerly lot line of proposed Lot 2 (1100 69th Avenue North) and is requesting it be shifted slightly more north and centered along the drive aisle. It should be noted that as this lot sits at the upper threshold of density under the 2040 Comprehensive Plan future land use designation of “Medium Density Residential,” the Applicant will need to work with City staff to ensure proposed Lot 2 does not alter the acreage enough to move proposed Lot 2 into the “High Density Residential” future land use designation under the 2040 Comprehensive Plan. Fire Inspection/Building Review City Fire Inspector Brandon Gautsch and City Building Official Dan Grinsteinner also conducted a review of the application submittal and documentation. Per Building Official Grinsteinner, the entrance to the standalone apartment building located at 1100 69th Avenue North shall be modified to provide an accessible route to an entrance that is compliance with ADA standards, and an ADA parking and loading space provided. It was noted during communication with Fire Inspector Gautsch that Subject Property may be connected to the fire alarm system of the other Lutheran Church of the Master properties. Recent meetings regarding the fire alarm system have been cancelled due to COVID; however pending approval of the applications, a review of the existing fire alarm system would be recommended. RE-ZONING As previously mentioned, the Applicant intends to sell the proposed re-platted property at 1107 69th Avenue North (proposed Lot 2), requiring a PUD Amendment to remove the property from the existing Lutheran Church of the Master PUD, as well as a rezoning of the church properties located at 1107 Emerson Lane and 6907 Dupont Avenue North back to the originally approved PUD/R1. The property located at 1100 69th Avenue North would remain zoned R-4 (Multiple Family Residence) District, as per the Development Agreement on file, these properties “would revert automatically, and without further action by City Council, to R-4,” if the Developer failed to satisfy all requirements under Paragraph 2.3 no later than January 1, 1999. The use of the proposed Lot 1, which contains the church buildings (1200 6th Avenue North, 1107 Emerson Lane, and 6907 Dupont Avenue North) would continue its operation as a variety of church and ancillary church uses (i.e. assembly/gathering space, Sunday school classrooms, church offices, four apartments within 6907 Dupont Avenue North for use strictly by employees, former employees, or members of the church). Church uses are not a permitted use in the R-4 zoning District. Given that the intent is to continue usage of the two breezeway connected buildings for ancillary church uses, their physical connection to the main church building, their intent to be combined with the main church building into one lot, and the longstanding history of church use at this location, City staff is supportive of the request to re-zone the two breezeway connected buildings located at 1107 Emerson Lane and 6907 Dupont Avenue North, along with the main church property located at 1200 69th Avenue North, as Planned Unit Development/Single Family Residence (PUD/R-1) District. App. No. 2021-003 PC 09/09/2021 Page 7 In the case of the standalone apartment building located at 1100 69th Avenue North, which is intended for sale, City staff reviewed the property and its original City approval (and which also contemplated approval of the buildings at 1107 Emerson Lane and 6907 Dupont Avenue North) under Planning Commission Application No. 62057. Said approval was for the construction of the aforementioned three apartment buildings (7 units per building), and a re-plat of Block 2, Brookdale Manor Addition. It also provided issuance of a Special Use Permit as relating to Section VI, Paragraph 1, Northeast neighborhood development guide approved by Planning Commission on December 4, 1961. City staff was unable to find any record of said guide. Per discussion with City Attorney, and given that 1100 69th Avenue North, nor the other two former apartment buildings located at 1107 Emerson Lane or 6907 Dupont Avenue North would have met the land area requirements outlined for an R-4 District property under Section 35-400 (Table of Minimum District Requirements), it is assumed that 1100 69th Avenue North would be able to maintain a legal, non-conforming status. Pending any sale of the property, the property can continue as a multi-family residential use; however, no expansion would be permitted. City staff is supportive of the request that the property located at 1100 69th Avenue North (proposed Lot 2) continue under its since reverted zoning designation of R-4 (Multiple Family Residence) District, and recommends that the properties located at 1107 Emerson Lane and 6907 Dupont Avenue North be re- zoned back to their previously approved PUD/R1, along with the main church property located at 1200 69th Avenue North. AMENDMENT TO PLANNED UNIT DEVELOPMENT The Applicant is seeking a PUD Amendment to remove the proposed subdivided property at 1100 69th Avenue North from the Lutheran Church of the Master PUD, as the intent is to separate the standalone seven-unit apartment at 1100 69th Avenue North from the remaining church campus and its uses. The Applicant intends to sell the aforementioned property, which is the drive behind the requests outlined in this report. In 1994, under Planning Commission Application No. 94009, the Subject Property received approval to re-zone the properties at 1107 Emerson Lane, 6907 Dupont Avenue North, and 1100 69th Avenue North from R-4 (Multiple Family Residence) District to PUD/R1 (Planned Unit Development/Single Family Residence) District to create a PUD with the adjacent existing Lutheran Church of the Master property at 1200 69th Avenue North. Planning Commission Application No. 94009 was approved by City Council under Resolution No. 94-244. At that time, the church had acquired the three apartment buildings to the east of their facility and intended to incorporate various uses related to church throughout these buildings over the course of three phases. The 1994 approval was the first phase, comprehending the use of the apartment building at 1107 Emerson Lane as a teaching facility for the church. The PUD was amended in 1998 under Planning Commission Application No. 98012. The amendment addressed the properties at 1100 69th Avenue North and 6907 Dupont Avenue considered Phase II and Phase III of the Applicant’s original proposed development plan. With the amendment, the Applicant was able to proceed with Phase II, with 6907 Dupont Avenue North comprehending the use of a large group meeting facility, including a small prayer chapel. The amendment also approved the Applicant’s request to proceed with Phase III, allowing 1100 69th Avenue North to serve has a home for missionaries on leave, and did not include any physical modifications to the building. The Applicant’s current proposed amendment would remove the property at 1100 69th Avenue North from the PUD, as this property, for all intents and purposes, has reverted back to its original R-4 District App. No. 2021-003 PC 09/09/2021 Page 8 zoning designation and original use as a multi-family apartment building given that the conditions outlined in the Development Agreement on file (and referenced under City Council Resolution No. 94- 244), and specifically the recording of the re-plat, was not executed. Furthermore, as the Development Agreement noted that the zoning of Phase I (1107 Emerson Lane) and Phase II (6907 Dupont Avenue North) “would revert automatically, and without further action by City Council, to R-4,” if the Developer failed to satisfy all requirements under Paragraph 2.3 no later than January 1, 1999, it should be re-iterated that the request would be to ensure the two aforementioned properties, along with the main church property (1200 69th Avenue North) continue under the zoning designation of Planned Unit Development/Single Family Residence District (PUD/R-1), as originally intended, and in particular as the Applicant has long operated, and intends to continue operating the main church property and two breezeway connected buildings as a church campus. As Section 35-355 (Planned Unit Development) outlines the intent of a PUD as promoting flexibility in land development, and accommodate the multi-building needs of the campus, City staff is supportive of the Applicant’s intent to continue with the PUD zoning designation given both the site configuration and use so long as all conditions are addressed. SPECIAL USE PERMIT As stated in the Background section of this report, church uses are not a permitted use in R-4 District and are only allowed through issuance of a Special Use Permit in the R-1 District. Section 35-220 (Special Use Permit) outlines the procedures and standards for issuance of Special Use Permits and how they are reviewed. Throughout the church’s history at its current location (1200 69th Avenue North) and its acquisitions of the adjacent properties (1107 Emerson Lane, 6907 Dupont Avenue North) there have been various Special Use Permits applied for and approved for a variety of uses, including: a nursery school, daycare, Sunday school, and preschool uses within the main church property and (once acquired) the building at 1107 Emerson Lane. The church has consistently maintained its church uses throughout its existence at its location, both as a church, gathering space, day care, and teaching facility, and continues to do so today. Refer to Exhibit F. Per the Applicant, and in addition to the primary church use, the buildings located at 1200 69th Avenue North, 1107 Emerson Lane, and 6907 Dupont Avenue North are currently used for the following purposes: assembly/gathering spaces, Sunday school classrooms, church offices. In addition, the church campus has also maintained a series of four (4) apartment units within the Phase II portion of the development, also known as 6907 Dupont Avenue North, for use by employees, former employees, or members of the church. The Applicant clarified that these four apartment units were not intended for lease by the general public. Although this use appears to have long been utilized, there shall be no increase to the number of apartment units. When reviewed against the SUP criteria spelled out in City Code Section 35-220, the maintenance of the special use of church uses meet all the standards required of Special Use Permits. As the Development Agreement signed in 1994 lists approval of a Special Use Permit for the church uses within the three phase development as a condition of approval and development, and as the re-plat did not occur, the condition was not met by the January 1st, 1999 deadline stated in the Development Agreement, and therefore the re-issuance of a Special Use Permit must be completed in conjunction with the other requests by the Applicant, to continue the uses as initially spelled out in the prior approvals. The App. No. 2021-003 PC 09/09/2021 Page 9 Applicant has indicated no plans to introduce other uses to the church and two breezeway-connected buildings. COMPREHENSIVE PLAN AMENDMENT A comprehensive plan amendment is required anytime a community changes any part of a municipality’s adopted comprehensive plan, including, but not limited to: • Changes resulting from neighborhood or small area planning activities • Land use changes to allow a proposed development • Proposed forecast changes to proposed MUSA (Metropolitan Urban Service Area) changes in service or staging • Text changes to revise a policy or land use category • Routine updates to incorporate new information or update a public facilities agreement These requests are ultimately submitted to the Metropolitan Council for review and final approval; however, they require a recommendation from the local planning body, and local governing body authorization for the amendment. In certain cases, an adjacent jurisdictional review is also required to allow for other affected municipalities and districts to weigh in on any potential impacts. Map 2. 2040 Future Land Use Plan and Subject Property (highlighted in red). A Comprehensive Plan Amendment is requested to reflect the zoning and separation of the standalone apartment building located at 1100 69th Avenue north, and to be known as Lot 2, Block 1 of the 69th Avenue North Addition, from its association with the adjacent church, and future land use designation as an institutional use. Currently, the Subject Property is guided as “Public/Semi-Public/Institutional” in the City’s 2040 Comprehensive Plan. The request is to amend its designation to Medium Density-Residential (5.01-15 DU/Acre). This would also be a reflection of the above-mentioned request to re-zone the standalone apartment building back to its original R4 (Multiple Family Residence) District, which was its original zoning designation. Per City staff review, there are no proposed alterations that would result in new impacts on other regional systems such as transportation, wastewater, or regional parks. It is to City staff’s understanding App. No. 2021-003 PC 09/09/2021 Page 10 that this property has been home to a seven-unit apartment building and continued this use since its construction in the mid-1960s. Pending a recommended approval from the City Council, City staff would need to submit the comprehensive plan amendment request for the property located at 1100 69th Avenue North for review and consideration by the Metropolitan Council. City staff recommends that the property’s future land use designation be amended to “Medium Density Residential (5.01-15 DU/Acre).” APPROVAL CONDITIONS City staff recommends the following conditions be attached to any positive recommendation on the approval of Planning Commission Application No. PC2021-003 for the Preliminary & Final Plat for the 69th Avenue North Addition; PUD Amendment, Re-zoning, Special Use Permit, and the recommendation for approval of a Comprehensive Plan Amendment for certain property generally located at the northwest corner of 69th Avenue North and Dupont Avenue North: 1. Any significant changes or modifications made to these requests can only be made by an amendment and as approved by the City Council. 2. Modification of an entrance to 1100 69th Avenue North to meet minimum ADA requirements and the provision of minimum ADA parking is required prior to any sale. 3. The Applicant shall meet with City Fire Inspector regarding a review of the existing fire alarm systems on the Subject Property and other Lutheran Church of the Master Properties. 4. The Applicant shall enter into a new Development Agreement with the City that reflects these and any future approvals. The Development Agreement must be recorded with the plat at Hennepin County. 5. An amended and restated PUD agreement shall be entered into with the City and recorded with the plat at Hennepin County. 6. A cross access agreement shall be entered into for the drive access off Dupont Avenue North, which provides the only access to 1100 69th Avenue North (Lot 2, Block 1, 69th Avenue North Addition) and secondary access to the two buildings located at 1107 Emerson Lane and 6907 Dupont Avenue North. 7. Approval of the preliminary and final plat for 69th Ave North Addition are contingent upon the addressing of comments by Assistant City Engineer Hogg in his memorandum dated August 6, 2021, and the vacation of easement through separate City approval. Furthermore: a. The Applicant shall work with City staff to adjust the northerly lot line of proposed Lot 2 (1100 69th Avenue North). b. Final plat and mylar shall be subject to the provisions of Chapter 15 of the City Code of Ordinances (Platting). c. Any comments and/or requirements as provided by Hennepin County. d. Any comments and/or requirements from the City Attorney’s office, and specifically regarding updated title evidence. e. The successful record of said plat (mylar) with Hennepin County. RECCOMENDATION Based on the above-noted findings and conditions, City staff recommends: The Planning Commission recommends City Council approval of the requested Preliminary & Final Plat for the 69th Avenue North Addition; PUD Amendment, Re-zoning, and issuance of a Special Use Permit for the aforementioned uses as outlined in the Approval Conditions. It is also recommended that the App. No. 2021-003 PC 09/09/2021 Page 11 requested Comprehensive Plan Amendment be recommended for City Council approval for the property located at 1100 69th Avenue North, subject to the Applicant complying with the Approval Conditions as outlined in the September 9, 2021 Planning Commission Report and related resolution, and subject to final approval by the Metropolitan Council for the requested Comprehensive Plan Amendment. Attachments Exhibit A – Planning Commission Application No. 2021-003 and documentation, submitted by Evangelical Lutheran Church of the Master, and dated July 13, 2021. Exhibit B – Public Hearing Notice, dated July 29, 2021, as published in the Brooklyn Center Sun Post, updated Public Hearing Notice and one page informational flyer to reflect the change of meeting venue; Public Hearing Notice, dated August 26, 2021, as published in the Brooklyn Center Sun Post. Exhibit C – Planning Commission Application No. 94009 and City Council Resolution No. 94-244. Exhibit D – Planning Commission Application No. 98013 for Preliminary Plat approval and City Council Resolution No. 98-185 for Final Plat Approval. Exhibit E – Memorandum and Exhibits, prepared by Assistant City Engineer Andrew Hogg, dated August 6, 2021. Exhibit F – Planning Commission Special Use Permit Applications for church uses (Planning Commission Application Nos. 73044, 83038, 94008). Emerson Lane Dupont Avenue69th Avenue69th Avenue70th AvenueEmerson Avenue North PRELIMINARY PLAT 69TH AVENUE NORTH ADDITIONLOT1BLOCK 1LOT2# 42379LICENSE NO.Thomas M. BloomDATE:DATE DRAFTED:CLIENT NAME / JOB ADDRESSSHEET TITLESHEET NUMBERSHEET 1 OF 1S1PRELIMINARYPLATJULY 8, 2021JULY 7, 2021Minnetonka, Minnesota 55345Phone (952) 474-796417917 Highway 7Web: www.advsur.comAdvanceSurveying & Engineering, Co.DRAWING ORIENTATION & SCALE211262 TBJULY 8, 2021DRAWING NUMBERDATE SURVEYED:60300SHEET SIZE22 X 34SCALE - 1" = 30'LEGENDLEGAL DESCRIPTION:Lots 1, 2 and 3, Block 1, BROOKDALE MANOR 2ND ADDITION, Hennepin County, Minnesota.ANDLot 1, Block 1, EVANGELICAL LUTHERAN CHURCH OF THE MASTER 2ND ADDITION, Hennepin County,Minnesota.SCOPE OF WORK & LIMITATIONS:1. Showing the length and direction of boundary lines of the legal description listed above. The scope of our servicesdoes not include determining what you own, which is a legal matter. Please check the legal description with yourrecords or consult with competent legal counsel, if necessary, to make sure that it is correct and that any matters ofrecord, such as easements, that you wish to be included on the survey have been shown.2. Showing the location of observed existing improvements we deem necessary for the survey.3. Setting survey markers or verifying existing survey markers to establish the corners of the property.4. This survey has been completed without the benefit of a current title commitment. There may be existing easementsor other encumbrances that would be revealed by a current title commitment. Therefore, this survey does not purportto show any easements or encumbrances other than the ones shown hereon.5. Note that all building dimensions and building tie dimensions to the property lines, are taken from the siding and orstucco of the building.6. We show a proposed division of the property. Please review the proposal to see that it is what you intend and submitto those governmental agencies that have jurisdiction to obtain their approvals, if you can, before making anydecisions regarding the property.STANDARD SYMBOLS & CONVENTIONS:"●" Denotes iron survey marker, set, unless otherwise noted.LUTHERAN 1107 EMERSON LANEBROOKLYN CENTER, MNCHURCH OF THE MASTER1200 69th AVEExhibit A Emerson Lane Dupont Avenue69th Avenue69th Avenue Emerson Avenue North EXHIBITLOT1BLOCK 1LOT2LEGAL DESCRIPTION OF VACATED DRAINAGE AND UTILITYEASEMENT:That part of Lot 1, Block 1, EVANGELICAL LUTHERAN CHURCHOF THE MASTER 2ND ADDITION, Hennepin County, Minnesota,described as follows: Commencing at the southeast corner of said Lot 1;thence northerly along the easterly line of said Lot 1, a distance of142.99 feet, more or less, to a corner of said Lot 1; thence westerly alongthe northerly line of said Lot 1, a distance of 140.00 feet, more or less, toa corner of said Lot 1 and also the point of beginning of the parcel to bedescribed; thence continuing along the last described line to a point thatis distance 5.00 feet westerly of the easterly line of said Lot 1; thencenortherly parallel to the easterly line of said Lot 1, a distance of 105.20feet, more or less, to the intersection with a line drawn parallel with and10.00 feet southerly of the northerly line of said Lot 1; thence easterlyparallel with the northerly line of said Lot 1, a distance of 5.00 feet tosaid easterly line of said Lot 1; thence southerly, along said easterly lineof said Lot 1, to the point of beginning.#LICENSE NO.DATES1AUGUST 3, 2021Minnetonka, Minnesota 55345Phone (952) 474-796417917 Highway 7Web: www.advsur.comAdvanceSurveying & Engineering, Co.LUTHERAN CHURCH OF THE MASTER1107 EMERSON LANECLIENT NAME / JOB ADDRESSBROOKLYN CENTER, MNSHEET TITLESHEET NO.SHEET 1 OF 1DRAWING ORIENTATION & SCALE40200 EASEMENT VACATIONEXHIBITDRAWING NUMBER# 42379Thomas M. BloomSHEET SIZE22 X 34SCALE - 1" = 20'211262 TB EASEMENTVACATION Exhibit B City of Brooklyn Center | 6301 Shingle Creek Pkwy | Brooklyn Center, MN 55430-2199 | (763) 569-3300 | www.cityofbrooklyncenter.org CHANGE OF MEETING LOCATION FOR PUBLIC HEARING TO WHOM IT MAY CONCERN: You were recently mailed a Notice of Public Hearing regarding requests for consideration from Applicant Evangelical Lutheran Church of the Master (refer to other side for original notice) as you are within the area of notification. Please be advised that per City Council action on Monday, August 9, 2021 (City Council Resolution No. 2021-95, Extending a Mayoral Declaration of a Local Emergency), the scheduled Planning Commission meeting and public hearing for this Thursday, August 12, 2021 will now take place virtually via WebEx. We strongly encourage you to forward any comments or questions by email at: gmcintosh@ci.brooklyn-center.mn.us or by phone at (763) 569-3319. Your comments will be included in the record and addressed as part of the meeting. Alternatively, you may participate in the Planning Commission meeting via WebEx: To Access the Meeting: logis.webex.com Meeting Number (Access Code): 177 458 7533 Password: BCPC08122021 By Phone: 1 (312) 535-8110 (Enter Access Code) Meeting Time: 7 p.m. Auxiliary aids for persons with disabilities are available upon request. Please contact the City Clerk at (763) 569-3300 to make arrangements. You may also access both the WebEx meeting and Planning Commission meeting packet via this link: https://www.ci.brooklyn-center.mn.us/Home/Components/Calendar/Event/130/16 Respectfully, Ginny McIntosh City Planner/Zoning Administrator City of Brooklyn Center | 6301 Shingle Creek Pkwy | Brooklyn Center, MN 55430-2199 | (763) 569-3300 | www.cityofbrooklyncenter.org NOTICE OF PUBLIC HEARING TO WHOM IT MAY CONCERN: *A notice was previously mailed to you regarding a Public Hearing for this property in June. The applicant withdrew the application to allow additional time necessary to address outstanding items and has since re-submitted the application for review.* Please take notice that the Planning Commission of the City of Brooklyn Center will hold a public hearing on Thursday, August 12, 2021, at approximately 7:00 p.m. at Brooklyn Center City Hall, located at 6301 Shingle Creek Parkway, Brooklyn Center, Minnesota. Meeting materials can be accessed by visiting the City of Brooklyn Center’s website at: https://www.ci.brooklyn-center.mn.us/. A definite time for this application to be considered cannot be given as it will depend on the progression of the agenda items. TYPE OF REQUEST: Preliminary & Final Plat for the 69th Avenue North Addition, PUD Amendment, Re- zoning, Special Use Permit, and Comprehensive Plan Amendment for certain property generally located at the northwest corner of 69th Avenue North and Dupont Avenue North in Brooklyn Center, Minnesota. APPLICANT/PROPERTY OWNER: Evangelical Lutheran Church of the Master PROPERTY ADDRESS: 1107 Emerson Lane, 6907 Dupont Avenue North, 1100 and 1200 69th Avenue North, Brooklyn Center, MN 55430 PROPERTY IDS: 25-119-21-33-0085, 25-119-21-33-0086 BRIEF STATEMENT OF CONTENTS OF PETITION: The Applicant is requesting review of a proposal to re-plat approximately 6.7 acres of property located at the northwest corner of 69th Avenue North and Dupont Avenue North, which would allow for the sale of an existing seven-unit apartment building on approximately 0.47 acres. The remaining acreage would be combined into a single parcel. The request would require an amendment to the PUD, issuance of a Special Use Permit for the continued religious and ancillary uses, and a re-zoning to address outstanding conditions that were not fulfilled as part of the original PUD re-zoning in 1994. A Comprehensive Plan Amendment is requested to reflect the updated zoning and separation of the apartment building from its association with the adjacent church and future land use designation as an institutional use. Questions, comments, statements of support or objections should be directed to City Planner/Zoning Administrator Ginny McIntosh at (763) 569-3319 or email to gmcintosh@ci.brooklyn-center.mn.us. Auxiliary aids for persons with disabilities are available upon request at least 96 hours in advance. Please contact the City Clerk at (763) 569-3300 to make arrangements. Respectfully, Ginny McIntosh City Planner/Zoning Administrator CITY OF BROOKLYN CENTER PLANNING COMMISSION APPLICATION Please Print Clearly or Type Application No. __ 9_40_0_9 ___ _ treet Location of Property 1100 69th Ave N.; 1107 Emerson Ln.; 6907 Dupont Ave N. egal Description of.Property Lots 1, 2, & 3, Block 1, Brookdale Manor 2nd Addition Brooklyn Center, MN Nner _____ E_v_an_;g_e_l_ic_a_l_Lu_t_h_e_ra_n_C_hu_r_c_h_o_f_t_he_M_a_st_e_r ______________ _ Address 1200 69th Avenue North Brooklyn.Ctr., MN 55430 Phone No. 561-5852 pplicant ____ sa_m_e _____________________________ _ Address Phone No. ----------------------- ype of Request: Rezoning Variance Speci a 1 Use Perrni t ---Subdivision Approval ---Site & Bldg. Plan Approval _, .... ~ _ Other : ___ --'-P=UD""-------- escription of Request: Change in zoning from ,X-4 to (-1 and reuse as church facilities. PUD filed with the city of Brooklyn Center he applicant requests processing of this application and agr.ees to pay to the City of rooklyn Center, within fifteen (15) days after mailing or delivery of the billing state- ent, the actual costs incurred by the City for Engineering, Planning and-Legal expenses easonably and necessarily required by the City for the processing of the application. uch ·costs shall be in addition to the application fee described herein. Withdrawal of he application shall not relieve the appli~ant of the obligation to pay costs incurred rior to withdrawal. Fee $ i ~CO, J1J I Receipt No. 7t lf 5 'i <( Date: ___ A_ug.._u_s_t_16-',_19_9_4 ________ _ PLANNING COMMISSION RECOMMENDATION ates of P.C. Consideration: q -15 -'fl/ _-f'at/4,J ' '/ pproved / Denied 7 this ,2 ~ day of Oc fuhe ,__ . 19 z::y, subject to the o 11 owing condi ti ans: ----------------------------~ Chairman - --------~ - - - - ----- --- -------------- CITY COUNCIL ACTION ates of Council Consideration: __ -_\~_1_-_~_~ .... 1 ___ _ pp roved X Denied __ this /1./'!! day of __._-"'-"'=--:.,:,.;..:..:......,_......,_ 199½, with the following C ,.,.., ·1 Form No. 18. (over please) Exhibit C Planning Commissiort Information Sheet Application No. 94009 Applicant: Evangelical Lutheran Church of the Master Location: Northwest quadrant of Dupont and 69th Avenues North Request: Rezoning for Planned Unit Development -PUD/R-1 The applicant is requesting rezoning and plan approval, through the Planned Unit Development process, to incorporate three apartment buildings located immediately east of the Lutheran Church of the Master into a full church use over a phased, or staged, period of time. The rezoning proposal is for a PUD/R-1 designation to include the church property, addressed 1200 69th Avenue North, and the three apartment buildings east of the church currently addressed as 1107 Emerson Lane, 1100 69th Avenue North and 6907 Dupont Avenue North. The properties in question are currently zoned R-1 (single family residence) and R-4 (multiple family residence) and,are located at the northwest quadrant of Dupont and 69th Avenues North. They are bounded on 'the north and east by 70th A venue, Emerson A venue, Emerson Lane and Dupont A venue with single family homes and one of the city's water towers on the opposite sides of these streets; on the south by 69th A venue with single family homes and the city's public utility building on the opposite side of 69th Avenue; and on the west by the Northbrook Terrace apartment complex. The PUD/R-1 zoning designation would allow the incorporation and use of these apartment buildings by the church over time in a manner consistent with the city's zoning ordinance. Church uses are special uses in the R-1 zone, but are not an acknowledged use, either permitted or special in the R-4 zoning district. The church has acquired the three seven unit apartment buildings under a contract for deed from Norman Chazin. Their purchase contract prohibits the church from making structural changes to the buildings until the contact is paid in full. It is our understanding that the contract provisions do not prohibit all modifications, but they must not be such that they would make it impossible to re-establish a multiple residential use of the buildings. Pastor Robert Cottingham of the Evangelical Lutheran Church of the Master has given us two written submittals ( copies attached) along with their Planned Unit Development rezoning application. One is an August 15, 1994 letter explaining the staged or phased plan for the use of the buildings by the Lutheran Church of the Master and the other is an August 31, 1994 memo addressing the city's rezoning evaluation policy. The first phase (1994-1995), which the church would like to undertake as quickly as possible, would involve the use of the apartment building closest to the church as a teaching facility for the children and youth of the church. This is the building located at 1107 Emerson Lane. The letter points out how they would use the building for Sunday School between 9:30 a.m. and 11:00 a.m. on Sundays for teaching approximately 175 to 200 second through twelveth graders. They propose using the living rooms and bedrooms in the units as classrooms for classes of 9-15-94 l Planning Commission Information Sheet approximately ten students. They would also use this building for their Confirmation classes for grades seven through nine on Wednesday evenings. They propose no major structural changes, but would convert one restroom on each floor at this time to accommodate handicap persons. They are also looking at a way to make each floor accessible either via ramp or a lift. The proposed new use is a change of occupancy, which would require bringing this building into compliance with various handicap and accessibility requirements. The Building Official is reviewing this currently and it may be, given the staged proposal for a full incorporation of all the buildings into eventual compliance, that he might be able to allow such use, given some reasonable temporary accommodations. Again, we are pursuing this, but it appears that a PUD development calling for such accommodation on a scheduled or phased basis may make this possible. In the meantime, the church would propose to provide volunteer assistance for any and all teachers and any students with physical handicaps that would require assistance. It should be noted that this building is no longer being used for residential purposes with former tenants either moving away or being relocated to one of the other two apartment buildings. The second phase (1996), would involve the use of the building addressed as 6907 Dupont (southwest corner of Emerson Lane and Dupont Avenue North). A part of this building would be remodeled to permit large group meetings for approximately 100 people, such as adult and children chorus, drama groups, youth gatherings and a senior citizens day teaching/fellowship area. Also, plans for the second building include remodeling for small group meetings and their space needs as well as a small prayer chapel. The third phase (1997--1998), would incorporate the last building, addressed 1100 69th Avenue North as the church's global missions center. This would involve retaining two complete apartment units strictly for use of missionary families who are on home leave for a short period of time. The Lutheran Church of the Master supports seven missionary families currently. This building would also house a short term evangelical mission home office staff. And finally, the building would provide for more office space for teaching and counseling of persons interested in doing mission work. The plans at this time do not include the physical plans to remodel and reuse the buildings. We have informed representatives of the church that a site plan, landscaping, grading, drainage, and utility plans incorporating the buildings into a church campus would have to be developed and approved once the PUD/R-1 rezoning has been accepted. The church is_proceeding with such plans and discussion as to how these physical plans would be accomplished. It should be noted that eventually, the three parcels on which the apartments currently sit would have to be replatted into a common lot through platting or registered land survey. Also, a water shed plan for possible ponding to control rate and quality of water run off would have to be approved by the Shingle Creek V1:ater Shed Management Commission. By adding these buildings to the church site, it exceeds the five acre threshold for Water Shed Commission review and approval. 9-15-94 Planning Commission Information Sheet As part of the approval of a PUD, a development agreement between the church and the city would have to be put together outlining the phasing of this proposal including when platting, water shed approval, along with the physical plans would have to be accomplished. The PUD/R-1 designation would also acknowledge the continued use of the apartment building and its re-establishment should, for some reason, the church not proceed to incorporate all these buildings for their use. Again, the church wishes first phase approval as soon as possible so they can begin the Sunday school and Confirmation class uses of the first building. REZONING A Planned Unit Development proposal involves a rezoning of land to the PUD designation followed by an alpha numeric designation of the underlying zoning district. This underlying zoning district then provides the regulations governing uses and structures within the PUD. In this specific case, the applicant is seeking R-l(single family residence) as the underlying zoning designation because churches, and church uses, are special uses in the R-1 zoning district, while they are not acknowledged uses, either permitted or special, in the R-4 zoning district. The rules and regulations governing the R-1 zoning district would, therefore, apply to the development proposal. Under the Planned Unit Development procedure, regulations governing uses and structures may be modified by conditions imposed by the City Council to the extent necessary to comply with the development plan submittal. One of the purposes of the PUD district is to give the city flexibility in land development and redevelopment. This PUD designation would allow the City Council to approve the continued use of the apartment buildings under the R-4 designation while the church phases in the use of the buildings for its purposes. This process would also protect the Chazins' rights to re-establish the multiple residence use if the contract for deed is not satisfied and the ownership would revert back to them. Attached for the Commission's review is a copy of Section 35-355 of the zoning ordinance which addresses Planned Unit Developments. As mentioned, the PUD process involves a rezoning of land and, therefore, is subject to the rezoning procedures outlined in Section 35-210 of the zoning ordinance as well as the rezoning evaluation policy and review guidelines are attached for the comfriissions review. Pastor Cottingham has submitted an August 31, 1994 memo in which he outlines how he believes the proposed church use of the three apartment buildings meets the rezoning evaluation policy and review guidelines contained in Section 35-208. A review of those guidelines, the applicant's arguments and the staff response follows: a. Is there a clear and public need or benefit? Agplicant -Pastor Cottingham notes that in studying the number of low cost apartments, talking 9-15-94 :'~ Planning Commission Information Sheet with the apartment owners group and close to 100 of their neighbors, that it seems clear that the entire city, its residents and business groups will benefit through the eventual closing of all three apartment buildings and the reprogramming of their use. He notes that the public need seems to call for fewer apartments at this point and the general consensus is that the area has been over built with apartments in the 1960's and 1970's. Staff -We do not argue with these observations, and in fact, the city has acquired apartment complexes and demolished them, thinning out the number of units. It should be noted, however, that there still is a need in the area for multiple residential units. One of the problems faced by apartment owners in our immediate area is that these units do not offer all of the amenities that many other apartments that have more recently been constructed and have a difficult time competing. We do not find the thinning out of these units to be a negative and the church's use of the buildings for their purpose could be considered a public need or benefit. b. Is the proposed zoning consistent and compatible with surrounding land use classifications? Applicant -Pastor Cottingham states that the church's proposal is indeed consistent with surrounding land use classifications. He notes that there is a good mix of several zoning classifications including R-4 and R-1 in the area. He believes rezoning the three apartments will not cause any public or private differences. Staff -The area in ~d around the Lutheran Church of the Master is, for the most part, zoned residential, either single family or multiple family. The PUD/R-1 designation and the church use of these buildings should be consistent with and compatible with the surrounding land use classifications. Churches are acknowledged special uses in an R-1 zoning district. This rezoning will allow the eventual phase out of the three apartment buildings to an R-1 special use designation. c. Can all permitted uses in the proposed zoning district be contemplated for development of the subject property? Applicant -Pastor Cottingham notes that all permitted uses in the area for schools, churches, small offices, etc. are permitted in the proposed change requested by the church. Staff -It appears that all permitted uses and proposals can be comprehended for development in this specific PUD proposal. We will need to review the actual development plans for the incorporation of these buildings into a church campus once these plans have been developed and submitted. However" the church has committed to eventually providing the necessary site plan, landscape plan, drainage, water shed, and replatting necessary to comply with city regulations. d. Have there been substantial physical or zoning classification changes in the area 9-15-94 Planning Commission' Information Sheet since the subject property was zoned? Applicant -Pastor Cottingham points out to the best of their collective memory there have not been any substantial physical or zoning classification changes in the immediate area. He does point out the changes to Highway 252 and its expansion, the 694 changes and some changes to the Humboldt Square Shopping Center. He notes that none of these will have an impact on the church's proposal. Staff -The only major zoning classification change in this immediate area was the rezoning from C-2 (Commerce) to R-3 (townhouse/garden apartment) of the property immediately to the south of 69th adjacent to the Humboldt Square Shopping Center. This has no major effect on the church's proposal and it is possible to have a development consistent with this as well as other residential property in the area. e. In the case of city initiated rezoning proposals, is there a broad public purpose evident? Applicant -They note this is not the city initiated proposal. Staff -Not applicable. f. Will the subject property bear fully the ordinance development restrictions for the proposed zoning district? Applicant -Pastor Cottingham notes that the proposed zoning change of the three apartments will bear the ordinance development restrictions for this district. He adds that they reuse of the apartments will fit all R-1 applications as they will be used for Sunday school, Confirmation classes and general church meetings. Staff -The subject property should bear fully the ordinance development restrictions for this proposed PUD/R-1 proposal based on findings that will eventually have to be made by the City Council and a development agreement between the city and the church, which will address any and all issues raised and acknowledge an approved site plan as part of the development agreement. As we have indicated, the physical plan has not yet been submitted, but is being put together and will require further review by the Planning Commission and approval by the City Council. We anticipate the ability to meet any and all zoning requirements and modifications to the three apartment buildings will eventually have to meet all building, accessibility, and fire code requirements. The unique aspects of the PUD zoning allow the church to make use of these buildings in the variety of ways they have indicated, including the residential use for visiting missionary families in the retained multiple dwelling in one of the buildings. The PUD designation also protects the underlying rights of the contract for deed holder to re-establish the multiple residential use of these buildings should the church's proposed use not go forward. We 9-15-94 Planning Commission Information Sheet should note, however, that the ability to re-establish the multiple residential use will only exist until the church has full control of the property. Once the church campus has been developed, the right to use those buildings for multiple residential purposes other than outlined in the development agreement for the church use will not be permitted. g. Is the subject property generally unsuited for uses permitted in the present zoning district, with respect to size, configuration, topography or location? Applicant -Paster Cottingham notes that the property in the zoning reqll:est is not unsuited for the planned uses. He states the size, configuration and location adds in a complimentary way to the church property it will become a part of. Staff -The property is generally suited for the multiple residential use made of it, however, this does not preclude the,fact the church use of these buildings may be a better longer range use of the existing buildings. As indicated previously it has been City policy to thin out the number of multiple residential dwellings in the City. h. Will the rezoning result in an expansion of a zoning district warranted by: 1) Comprehensive Planning; 2) The lack of developable land in the proposed zoning district; or 3) The best interests of the community? Applicant -Pastor Cottingham notes that they do not believe the proposed zoning change will bring about any significant changes to the immediate community. They also believe that as they make use of the rezoned facilities to reach, teach and strengthen families in the City, it will become a center for decency and morality. Staff -The City's Comprehensive Plan does not make any recommendations with respect to this particular property. A review of the land use designations map in the Comprehensive Plan will verify this. With respect to developable land in the proposed zoning district, it should be noted that there is very littlr~ developable land anywhere in the City. The only options for the church to expand, such as is being proposed, is to do so on developed land by incorporating and/or reusing already existing buildings. The church's proposal certainly does not appear to be in conflict with the best interests of the community. i. Does the proposal demonstrate merit beyond the interest of an owner or owners of an individual parcel? Applicant -Pastor Cottingham does believe that their proposal demonstrates merit beyond the church's religious uses of these buildings. He notes that the church use of these buildings for education of the faith and of the training of youth in our area has potential to make for a more peaceful and moral environment. 9-15-94 Planning Commission Information Sheet Staff -The use of the apartment buildings for church purposes and the accompanying upgrading of the site can have some positive impacts in the surrounding areas. Landscaping and physical changes to the area should be a positive factor. PROCEDURE This PUD/R-1 proposal, as previously mentioned, is a rezoning with a specific development proposal. As such, it ,must go through the normal rezoning process. This means that following the Planning Commission's public hearing the rezoning proposal and development proposal should be referred to the appropriate Neighborhood Advisory Group for review and comment. In this case it should be referred to the Northeast Neighborhood Advisory Group. We will attempt to schedule a meeting of that Neighborhood Advisory Group within the next 30 days for that purpose. Persons receiving notices of the Planning Commission's public hearing (property owners within 350 feet of the subject property) and anyone else who desires to be notified would be informed of the date, time, etc. of the meeting. The Planning Commission should discuss the proposal, open the public hearing on this matter and then table the application and refer it to the Northeast Neighborhood Advisory Group for additional review and comment. The Commission may wish to comment on the proposal and give any direction to the Neighborhood Advisory Group that they believe is appropriate for their review. 9-15-94 1 1 Member Kristen Mann introduced the following resolution and moved its adoption: RESOLUTION NO. 94 -244 RESOLUTION REGARDING DISPOSITION OFPLANNING COMMIISSION APPLICATION NO. 94009 SUBMITTED BY THE EVANGELICAL LUTHERAN CHURCH OF THE MASTER WHEREAS, PlanningCommissionApplicationNo. 94009submittedbythe Evangelical Lutheran Church of the Master proposes rezoning from R1 (Single Family Residence) and R4 (Multiple Family Residence) to PUD /R1 of the properties addressed as 1200 69th Avenue North, 1107 Emerson Lane, 1100 69th Avenue North and 6907 Dupont Avenue North all located at the northwest quadrant of Dupont and 69th Avenues North; and WHEREAS, this proposal comprehends the combining of these parcels and the eventualutilizationofthreeapartmentbuildingsbytheLutheranChurchoftheMasterfor church purposes over aphased, orstaged, period oftime; and WHEREAS, thePlanningCommissionheldadulycalledpublichearingon September 15, 1994, when astaff report and public testimony regarding the rezoning and plan where received; and WHEREAS, the Northeast Neighborhood Advisory Group met to consider this matter on October 13, 1994, at the City Hall and unanimously recommended approval of this Planned Unit Development proposal; and WHEREAS, the Planning Commission resumed consideration of this matter on October 27, 1994, received astaff report and took further testimony during acontinued public hearing; and WHEREAS, the Planning Commission recommended approval of Application No. 94009 by adopting Planning Commission Resolution No. 94 -1on October 27, 1994; and WHEREAS, the City Council considered Application No. 94009 at it November 14, 1994 meeting; and WHEREAS, the City Council has considered this rezoning and plan request in light of all testimony :received, the guidelines for evaluation rezonings contained in Section 35- 208 of the City's Zoning Ordinance and in light of the provisions ofthe Planned Unit Development Ordinance contained in Section 35 -355, and in light of the City's Comprehensive Plan. 1 City Council Resolution No. 94 -244 NOW, THEREFORE, BEITRESOLVED bytheCity Council oftheCity of BrooklynCenterthatApplicationNo. 94009submittedbytheEvangelicalLutheranChurchof the Master be approved in light of the following considerations: 1. The rezoning and plan are compatible with the standards, purposes and intentofthePlannedUnitDevelopmentsectionoftheCity'sZoning Ordinance. 2. The rezoning and development plan will allow for the utilization of buildings by the church in a manner which can be considered compatible with surrounding land uses. 3. The utilization of the property in question, with the submission of future plans, will conform with city ordinance standards. The phased, or staged, incorporation of the buildings for church purposes is considered a reasonable use of property. 4. The rezoning and plan are considered compatible with recommendations intheCity'sComprehensivePlanforthenortheastneighborhoodarea. 5. The eventual incorporation of the buildings and their utilization by the church appears to be a good long range use of the existing buildings and canbeconsideredtobeinthebestinterestsofthecommunity. BE IT FURTHER RESOLVED by the City Council of the City of Brooklyn Center that approval of Application No. 94009 be subject to the following conditions and considerations: 1. The immediate use of the building at 1107 Emerson Lane North for Sunday School and Confirmation classes may proceed subject to the approvalofthebuildingofficialregardingtheoccupancyanduseofthe building. 2. The continued use of the buildings addressed as 1100 69th Avenue North and 6907 Dupont Avenue North as rental dwellings is allowed until the second phase of the project begins, subject to the licensing provisions in the City's Building Maintenance and Occupancy Ordinance. 3. A multiple family residential use of the three apartment buildings may be re- established if, for some reason, the church's proposal does not go forward and the phased utilization of these buildings is not undertaken. 1 1 1 City Council Resolution No. 94 -244 ATTEST: 4. The Lutheran Church of the Master shall submit the necessary site plan including landscaping, grading, drainage, utility and floor plans along with apreliminaryplatandwatershedplaninatimelymannerpriorto proceeding with the phase II and phase III utilization of the property. 5. The church shall enter into a development agreement with the City, to be reviewed and approved by the City Attorney prior tophase Iutilization of the buildings. Saidagreementshalloutlinethephasingofthisplan including when platting, watershed review, and the physical plans shall be accomplished. November 14, 1994 Date Mayor The motion for theadoption oftheforegoing resolution wasduly seconded by Celia Scott and upon vote being taken thereon, the following voted in favor thereof: Todd Paulson, Celia Scott, Dave Rosene, and Kristen Mann; and the following voted against the same: none, whereupon said resolution was declared duly passed and .adopted. Deputy City Clerk Exhibit D Member Kathleen Carmody introduced the following resolution and moved its adoption: RESOLUTION NO. 98-185 RESOLUTION APPROVING FINAL PLAT - EVANGELICAL LUTHERAN CHURCH OF THE MASTER 3RD ADDITION WHEREAS, the Brooklyn Center City Council on June 22, 1998, approved Planning Commission Application No. 98012, providing preliminary plat approval submitted by the applicant, Evangelical Lutheran Church of the Master; and WHEREAS, the property owner(applicant) has applied for Final Plat Approval as required by the City Code. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Brooklyn Center, Minnesota that the plat of EVANGELICAL LUTHERAN CHURCH OF THE MASTER 3RD ADDITION is hereby approved subject to the following conditions: 1. A revised Development Agreement, referred to as a "Declaration of Covenants and Restrictions" shall be filed and recorded with the Final Plat. 2. The final plat is subject to the review and approval of the City Attorney and Hennepin County. 3. Any further conditions as provided in Chapter 15 of the City ordinances. October 26, 1998 Date ' ayo~ ATTEST: Aa City Clerk The motion for the adoption of the foregoing resolution was duly seconded by member Kay Tasman and upon vote being taken thereon, the following voted in favor thereof: Myrna Kragness, Kathleen Carmody, Debra Hilstrom, Kay Tasman, and Robert Peppe; and the following voted against the same: none, whereupon said resolution was declared duly passed and adopted. M E M O R A N D U M DATE: August 6, 2021 TO: Olivia Boerschinger, Associate Planner FROM: Andrew Hogg, Assistant City Engineer SUBJECT: Preliminary/Final Plat Site Plat Review – Lutheran Church of the Master (Updated) Public Works staff reviewed the following documents submitted for review for the proposed 69th Ave North Addition plat: Preliminary/Final Plat dated July 8, 2021 Subject to final staff final plat approval, the referenced plans must be revised in accordance with the following comments/revisions. Preliminary Plat/Final 1. Provide ADA route. General Comments 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. An updated certified abstract of title or registered property report must be provided to the City Planner 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. 3.A 10-ft drainage and utility easement must be dedicated on the plat around the entire perimeter of the site. 10 feet along lot lines adjacent to Right Of Way and 5’ on interior lot lines. 4.Cross access/parking agreement for parking areas accessed off Dupont Avenue. 5. Maintain sufficient parking. 6. See additional redlines on preliminary and final plats. 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 E Exhibit F ________________ App. No. 2021-004 PC 09/09/2021 Page 1 Planning Commission Report Meeting Date: September 9, 2021 Application No. 2021-004 Applicant: Kyle Thompson of Hoyt Properties (on behalf of Fraser) Location: 6701 Parkway Circle Request: Use Determination / Special Use Permit INTRODUCTION AND BACKGROUND Kyle Thompson of Hoyt Properties (“the Applicant”), on behalf of proposed tenant Fraser, is requesting review and consideration of an application that would allow for issuance of a Special Use Permit to operate a children’s day treatment clinic within an approximately 8,248-square foot space at 6701 Parkway Circle (“the Subject Property”)—Refer to Exhibit A. This request was made after City staff became aware of a building permit that was submitted to the City for a tenant finish and determination that this use was not currently permitted within that location under the City’s Zoning Code. The Subject Property, also known as “Freeway Business Center III” is located on 4.4 acres with an approximately 74,850-square foot, one story concrete building that is currently home to Dean’s Home Services (28,255-square feet), Morris Midwest (7,823-square feet), and DMR Supplies (6,718-square feet). The Subject Property was constructed in 1986 per Hennepin County Records and was granted approval by City Council on October 15, 1984 under Planning Commission Application No. 84033 for both site and building plan approval and issuance of a Special Use Permit and for use as a “Spec 10 Office and Warehouse Building.” At the time the Subject Property and adjacent industrial buildings were developed, a central parking lot and potential parking ramp were contemplated to address minimum parking needs. As part of the approvals, City Council Resolution No. 84-112 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. The properties included in this request were: 6601 and 6706 Shingle Creek Parkway; 6601 and 6701 Parkway Circle (Subject Property); 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 •Application Filed: 08/10/2021 •Review Period (60-day) Deadline: 10/9/2021 •Extension Declared: N/A •Extended Review Period Deadline: N/A ________________ App. No. 2021-004 PC 09/09/2021 Page 2 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. 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. The 6th Amendment to the Easement Agreement (revised in 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 eliminated 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). In 2019, City staff was approached by Property Owner Hoyt Properties regarding concerns relating to restrictions on the usage of property within this PUD and specifically regarding a series of conditions and considerations under City Council Resolution No. 1995-156 requiring that each of the buildings falling under the PUD be allocated certain percentages of usage within each of the building as a means of addressing the parking needs. In the case of the Subject Property, located at 6701 Parkway Circle and identified in prior reports and documentation as “RCM Plaza” or “Tract B of RLS No. 1564,” documentation from 1995 indicated intent for “a 100 percent office occupancy of the RCM Plaza Building.” City Council ultimately approved a request to remove the percent usage restrictions from those properties falling under the PUD under City Council Resolution No. 2019-017; however, the Amended and Restated Planned Unit Development Agreement ultimately executed on June 20th, 2019, maintained that the “6701 Parkway Circle Property shall be limited to the following uses: uses that are permitted uses in the City’s I-1 zoning district.” Refer to Exhibit B. While “clinics” are an outlined, permitted use within the 6601 Shingle Creek Parkway building, which also falls under the PUD designation, “clinics” are not an identified use for the Subject Property (6701 Parkway Circle), and “clinics” are not an outlined use within the underlying I-1 zoning district. It is for this reason, and following additional conversations with the City Attorney, that a request for issuance of Special Use Permit and determination of use shall be made. Given the request, a public notice was submitted to the Brooklyn Center Sun Post for publication on ________________ App. No. 2021-004 PC 09/09/2021 Page 3 August 26, 2021 (Exhibit C). Mail notifications were mailed to both the taxpayers and physical property addresses within the notification area surrounding the Subject Property and specifically Parkway Circle. Map 1. Subject Property Location (6701 Parkway Circle). Image 1. Exterior Images of Subject Property and Proposed Tenant Space (6701 Parkway Circle). COMPREHENSIVE PLAN AND ZONING STANDARDS 2040 Land Use Plan: B-MU (Business Mixed-Use) Neighborhood: Shingle Creek ________________ App. No. 2021-004 PC 09/09/2021 Page 4 Current Zoning: PUD/I-1 (Planned Unit Development/Industrial Park) District Surrounding Zoning: North: I-1 (Industrial Park) District East: I-1 (Industrial Park) District South: PUD/I-1 (Planned Unit Development/Industrial Park) District West: PUD/I-1 (Planned Unit Development/Industrial Park) District Site Area: Approximately 4.4 Acres SPECIAL USE PERMIT REVIEW Background on Proposed Use/Use Determination City staff initially reached out to Hoyt Properties to obtain clarification on the intended use after City staff was made aware of the proposed alterations at the Subject Property following submittal of a building permit for tenant space improvements. Following discussions with Hoyt Properties, City staff was invited to tour a newly-opened Fraser satellite clinic location in Maple Grove as Fraser had noted that the clinic format there was most like the proposed Brooklyn Center location. As part of the application submittal, a narrative was provided regarding the intended plans for the Subject Property in Brooklyn Center and use. As proposed, the location in Brooklyn Center would be one of nine new Fraser Autism Center of Excellence Satellite (FACES) locations in the Twin Cities, and would be “dedicated to serving children between the ages of 3 through 6 years who are in need of intensive mental health services.” The children receiving services would be at the location for up to seven (7) hours per day, Monday through Friday and would receive 1:1 services from Fraser staff members. The intent is for the Brooklyn Center location to provide these intensive autism services to 48 children through ABA (Applied Behavior Analysis) and supporting speech/occupational therapy services. This location is also proposed to employ 61 staff. Both Fraser and Hoyt Properties have insisted that there are no plans, either now in the future, for an outdoor playground. City staff raised this concern in early discussions as the most recent example of a similar type use in Brooklyn Center (Helena Autism Center – Planning Commission Application Nos. 2019-004 and 2020-003) involved the installation of an outdoor playground as well as site improvements to the property at 5637 Brooklyn Boulevard. As proposed, and as seen at the Maple Grove location, there would be an indoor playground space (“indoor large muscle space”). There are also plans to construct a bus drop off and pick up area along a newly extended sidewalk on the Subject Property. Hoyt Properties (Property Owner) would dedicate 10 parking stalls in front of the proposed entrance to Fraser to facilitate direct access to the space. Fraser provides the largest early childhood program in Minnesota, as well as the largest autism program in Minnesota, services 12,000 individuals on an annual basis, and employs approximately 1,500 staff across 52 locations. ________________ App. No. 2021-004 PC 09/09/2021 Page 5 Existing Tenants and Parking Needs Image 2. Proposed Bus Drop-off/Pick-up and On-Site Parking (6701 Parkway Circle). The Subject Property is currently home to three (3) other tenants. Per the Alta Survey submitted with the application (Exhibit A), there are currently 174 on-site parking spaces, although 10 parking stalls would be dedicated for use by Fraser, and an existing space in front of the proposed use would be allocated for use as a bus drop-off/pick-up (“van drop-off zone”), as indicated in Image 2 above. The Subject Property also has rights to a common parking lot that, per City staff, has long been underutilized. This can at least partially be attributed to the long-term vacancies within the 6601 Shingle Creek Parkway and 6701 Parkway Circle buildings. Assuming a maximum staffing of 61 staff and a “medical clinic” use, the City’s current Zoning Code would require a minimum of “three spaces for each doctor or dentist, plus one space for every two employees or one space for each 150 square feet of gross floor area, whichever requirement is greater.” Assuming this, a minimum of 55 parking spaces would need to be dedicated for use by Fraser. While this comprises approximately 32-percent of the total on-site parking spaces available at the Subject Property, City staff does not have immediate concerns regarding the availability of parking and the property owner will need to manage the individual parking needs and expectations for the tenants located within the building at 6701 Parkway Circle. As proposed, there are 10 spaces outlined as ________________ App. No. 2021-004 PC 09/09/2021 Page 6 dedicated to Fraser on-site at 6701 Parkway Circle, with an addition 40 spaces allocated for Fraser staff just south of the Subject Property in the common parking area (refer to Image 3 below). Image 3. Overflow Fraser Staff Parking in Common Parking Lot (40 Stalls). Building Official Review Building Official Dan Grinsteinner provided initial comments with regard to the building permit submitted for the tenant finish for the proposed Fraser Clinic in his plan review dated July 27, 2021. The proposed tenant space is fully sprinklered and has an occupant load of 107 persons based on the proposed occupancy type. Assuming this, Fraser will need to ensure they fall within maximum occupancy allowances as the proposed 61 staff and 48 clients would exceed the occupancy threshold by two (2) persons. Refer to Exhibit D. Special Use Permit Request The Applicant is requesting approval of a Special Use Permit to allow for the establishment of children’s day treatment center at 6701 Parkway Circle. In reviewing the City Zoning Code, City staff determined that the proposed use most closely matched certain special uses identified under Section 35-330.3.e, which state: ________________ App. No. 2021-004 PC 09/09/2021 Page 7 According to Section 35-220 (Special Use Permits) of the City’s Zoning Code, “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.” 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 (Applicant responses are italicized): 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 in submitted documentation that, Fraser’s FACES model was launched in March 2021 at our first site opening in Maple Grove. Since day one, client, family, and community response has been extremely positive. Our model is self- sustaining through commercial and public healthcare payment streams. This model lays the foundation for future replication. Intensive ABA/EIDBI services are in high demand and there are currently over 200 preschool children who have received an evaluation and are waiting for openings in Fraser’s intensive ABA/EIDBI programming. 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. Fraser FACES Clinic are designed with Public Safety, client convenience and site security at its core. Client drop off hours are controlled to assure minimum interference with other tenants and to maximize the safety of our clients. Dedicated drop off spaces are conveniently located ________________ App. No. 2021-004 PC 09/09/2021 Page 8 adjacent to the building entry. Additional sidewalks are being added to assure the safety and controlled access by our clients. Staff parking is in the adjacent lot to the south to minimize the traffic near our entry. Clients (primarily 3-6 years of age) are met at the transportation vans or parent’s vehicles and accompanied into the building in a 1:1 buddy system. All client activities are limited to the interior of the FACES clinic where all needed activities are planned and supervised. Indoor large muscle spaces (2) serve as an indoor playground to allow the clients freedom of movement without the need for an external playground. The Clinical space is controlled by the use of electronic readers and delay exits assuring client safety and limiting any unaccompanied contact with neighboring tenants. Due to the contained nature of our business model activities at the location will have no more impact to the surrounding properties than any general or office use space. It should be noted that the most recent Amended and Restated Planned Unit Development Agreement for the Subject Property and adjacent properties falling under the associated PUD allow for medical clinic usage within the building located at 6601 Shingle Creek Parkway, which is located to the southeast of the Subject Property. 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 as the area surrounding the Subject Property has long been developed. The Subject Property is currently surrounded by other PUD/I-1 (Planned Unit Development/Industrial Park) and I-1 (Industrial Park) properties, of which include general industrial uses, including some loading docks, a Met Transit bus maintenance facility located to the northwest, and three hotels located to the south of the Subject Property. The 2040 Comprehensive Plan outlines the Subject Property with a future land use designation of “Business Mixed-Use,” which is a, “new land use designation and guides land for a mix of business, light industrial, and supporting retail/service uses. This designation encourages redevelopment or development of commercial, office, general business and light industrial uses in coordination with supporting retail/commercial uses to encourage a more dynamic and connected experience for workers. This land use does not plan for residential uses but may include limited live-work opportunities as established through supporting official controls.” City staff has long been aware that some of the existing I-1 (Industrial Park) properties within the City no longer meet the emerging trends in industrial uses, of which include higher clear height needs that some of the buildings within this district, do not possess. As part of the on- going update to the City’s Zoning Code, medical clinic uses have been outlined as a potential use within this area of the City. “Clinics” are outlined as a permitted use within the 6601 Shingle Creek Parkway building that is also a part of the identified PUD. The Subject Property, along with some of the surrounding buildings, have experienced long stretches of vacancies and have been noted as a concern by property owner, Hoyt Properties. City staff did reach out to other communities that are currently home to Fraser Clinics with ________________ App. No. 2021-004 PC 09/09/2021 Page 9 similar services provided (and in acknowledgement that the model proposed for Brooklyn Center is a newer concept). In review of these locations, it was noted that these locations were often in similar business park or light industrial locations, although the zoning districts and allowances varied. City staff was able to obtain responses from the communities of Maple Grove, Eden Prairie, Coon Rapids, and Eagan regarding their allowances for “medical clinics” in the locations where Fraser is currently operating day treatment centers out of. City Zoning District Allowable Use (?) Maple Grove – 8980 Zachary Lane North Industrial No – Prohibited Use (no path forward to allow for said use) Eden Prairie – 6458 City West Parkway Office Yes – Medical Clinics allowed as “Office Uses.” Provision that allows office uses to utilize up to 50% of gross floor area in industrially-zoned buildings. Coon Rapids – 9120 Springbrook Drive NW Industrial Yes – Permitted Use Eagan – 2030 Rahn Way Planned Development (PD) Yes – Permitted under PD. “Clinics” are a permitted use in a number of Eagan’s commercial districts, including “Limited Business,” “Neighborhood Business,” “General Business,” and “Cedar Grove.” Within their “Business Park” District, “clinics” are not specifically listed; however, uses such as daycare facilities, elementary and middle schools, and health care facilities are listed as conditional uses. Their “Limited Industrial” District does not allow for any medical or institutional uses. In the case of Maple Grove, which is most similar to the proposed model for Brooklyn Center, the clinic was located within the city’s Industrial District, but upon communication with Maple Grove staff, it was determined that the use was actually prohibited and there was no path forward that would allow for the use at that location. In Eden Prairie, the Fraser location was located within their designated Office District and in proximity to a mix of other use types (i.e. multi-family, commercial, industrial). In Coon Rapids, the clinic is also located in the city’s Industrial District, which allows for medical uses. In Eagan, there are a number of districts that allow for medical uses and clinics, although their “Limited Industrial” District does not permit this type of use. 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 Subject Property is accessed off a private, u-shaped drive (Parkway Circle) that has long been the subject of numerous shared parking and access easements and accommodations for common or overflow parking between properties, and has no direct access off a public streetway. The Applicant and Property Owner will need to ensure adequate emergency access is maintained for fire. Historically, the Fire Department has required a minimum of 20 feet for ________________ App. No. 2021-004 PC 09/09/2021 Page 10 access under the Fire Code and the Zoning Code requires a minimum of 24 feet for two-way, 90- degree traffic. In reviewing the submitted Alta Survey, it appears the existing PIV (Post Indicator Valve) and fire sprinkler access is located along the east side of the Subject Property building. Although it has been conveyed that pick-ups and drop-offs are handled under a tight schedule in the mornings and afternoons, the Applicant and Property Owner will need to ensure vehicles are not left for extended periods in the designated drop off area to preserve adequate inter-site circulation. 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 additional sidewalk along the front of the existing building to facilitate the proposed bus drop-off and pick-up area, and the installation of designated parking for Fraser clients and staff. With regard to the minimum parking requirements, and based on the intended operation of the children’s day treatment center (“medical clinic”) and other users within the Subject Property, City staff is not overly concerned about parking provided the lot at this time. If it is determined that circulation issues are present, City staff will need to coordinate with property ownership and Fraser. Based on staff findings, staff recommends the Planning Commission recommend City Council approval of the requested Special Use Permit for allowance of a children’s day treatment center (medical clinic) for the Subject Property located at 6701 Parkway Circle; 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 Planning Commission Application No. 2021-004 for 6701 Parkway Circle (Subject Property): 1. 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. a. The Applicant shall obtain all necessary permitting from the City in advance of any proposed improvements and address any comments provided by City staff. 2. Issuance of a Special Use Permit for the outlined children’s day treatment center is for the property located at 6701 Parkway Circle only and does not contemplate the construction of any outdoor playground or exterior improvements, with the exception of the proposed bus drop-off and pick-up zone, sidewalk extension, and dedicated parking spaces for the outlined use. 3. The Applicant shall obtain approval from the Hennepin County Health Department for any proposed kitchen facilities. 4. The Applicant shall maintain any and all registrations and licensures for the proposed use (children’s day treatment center). 5. The Property Owner shall ensure the fire sprinkler system is maintained and monitored. ________________ App. No. 2021-004 PC 09/09/2021 Page 11 RECOMMENDATION Based on the above-noted findings, City Staff recommends the Planning Commission recommends City Council approval of Planning Commission Application No. 2021-004 for the issuance of a Special Use Permit to allow for a children’s day treatment center (medical clinic) at 6701 Parkway Circle, subject to the Applicant/Property Owner complying with the above-noted Approval Conditions and associated Resolution. Attachments Exhibit A – Planning Commission Application No. 2021-004 and documentation, submitted by Hoyt Properties/Fraser, and dated August 10, 2021. Exhibit B – Executed Amended and Restated Planned Unit Development Agreement, dated June 20, 2019. Exhibit C – Public Hearing Notice, dated August 26, 2021, as published in the Brooklyn Center Sun Post. Exhibit D – Plan Review as prepared by Dan Grinsteinner, City of Brooklyn Center Building Official, for the proposed Fraser Clinic Interior Remodel, dated July 27, 2021. Project Narrative Description of the project: In 2021 Fraser embarked on a new strategic growth plan in its healthcare area to create more capacity for young children with the highest of mental health and behavior needs. We are in process of opening nine new Fraser Autism Center of Excellence Satellites (FACES) in the Twin Cities Fraser FACES sites are dedicated to serving children ages 3 through 6 years who are in need of intensive mental health services. As a certified EIDBI provider in the state of MN, Fraser FACES sites will offer Applied Behavioral Analysis (ABA) that is supported by Speech and Occupational Therapy. ●Children receive services up to 7 hours each day, Monday – Friday. ●Services are individualized; each child is paired with a Fraser staff member. This 1:1 staffing ratio assures appropriate safety and treatment direction. ●Children move through active treatment where progress is measured daily. ●At any time, children and families receiving services at a FACES site may draw upon the full continuum of services at Fraser’s six main clinic locations. ●An on-site Mental Health Professional and Board Certified Behavior Analyst (BCBA) provide program supervision and oversight. A FACES site in Brooklyn Center will meet a huge need for early childhood mental health and speech/occupational therapy services in this community: ●Will provide intensive autism services to 48 children through ABA and supporting speech/occupational therapy services. ●Will employ 61 staff at this location. Nature of the applicant’s interest: Fraser is a non-profit organization that has provided healthcare, housing, education, employment and support services in Minnesota since 1935. We serve 12,000 individuals each year and employ about 1,500 staff across 52 locations. Fraser has extensive history and experience in the healthcare arena and is recognized by the Department of Health as: ●The largest early childhood program in Minnesota ●The largest autism program in Minnesota We are committed to growing to meet the increasing demand for mental health services supporting both children and adults. Fraser successfully operates six full-service mental health clinics in the Twin Cities metro area. We also provide extensive telehealth services that serve individuals throughout the state of MN. We are known for our healthcare expertise in autism, but we are also known for our strong comprehensive evaluation services and family supports. We are the premier experts on early childhood development, early identification and prevention. In addition, we partner with school districts and community medical clinics to ensure quick access to services and assure that service delivery is coordinated. All Fraser Clinical Services are individualized and delivered with family engagement. A statement describing the intended use of the property and why the City should approve the request, specifically addressing the Criteria for Review listed on page 1. Exhibit A Criteria for Review A special use permit may be granted after demonstration that all of the following are met: 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. Fraser’s FACES model was launched in March 2021 at our first site opening in Maple Grove. Since day one, client, family and community response has been extremely positive. Our model is self-sustaining through commercial and public healthcare payment streams. This model lays the foundation for future replication. Intensive ABA/EIDBI services are in high demand and there are currently over 200 preschool children who have received an evaluation and are waiting for openings in Fraser’s intensive ABA/EIDBI programming. 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. Fraser FACES Clinic are designed with Public Safety, client convenience and site security at its core. Client drop off hours are controlled to assure minimum interference with other tenants and to maximize the safety of our clients. Dedicated drop off spaces are conveniently located adjacent to the building entry. Additional sidewalks are being added to assure the safety and controlled access by our clients. Staff parking is in the adjacent lot to the south to minimize the traffic near our entry. Clients (primarily 3 –6 years of age) are met at the transportation vans or parent’s vehicles and accompanied into the building in an 1:1 buddy system. All client activities are limited to the interior of the FACES clinic where all needed activities are planned and supervised. Indoor large muscle spaces (2) serve as an indoor playground to allow the clients freedom of movement without the need for an external playground. The Clinical space is controlled by the use of electronic readers and delay exits assuring client safety and limiting any unaccompanied contact with neighboring tenants. Due to the contained nature of our business model activities at the location will have no more impact to the surrounding properties than any general or office use space. Gonzalo Villares Minnesota. 515708-1-2021 TRANSTRANSEPEPTRANS& EP EPEPEPEPEPEPEPTRANSTRANSEPEPEPFDFDEPTRANSEPTRANSEPEPEPEPEPTRANSEPEPEPEPELEC. EQUIP.Fraser - Parking StudyFreeway Business Center III6701 Parkway CircleBrooklyn Center, MN 55430Floor PlanScale: 1"=60'-0"Fraser(10)Parking Stalls Dedicatedto Fraser. (Crosshatched)Van Drop-off Zone TRANSTRANSEPEPTRANS& EP EP EP EPEP EP EPEPTRANSTRANSEP EP EPFDFD EP TRANS EP TRAN S EP EP EP EP EP TRAN SEP EPEPEP ELEC. EQUIP.Fraser - Overflow/Staff ParkingFreeway Business Center I6601 Shingle Creek ParkwayBrooklyn Center, MN 55430Floor PlanScale: 1"=250'-0"Fraser6701 Parkway Circle6601 Shingle CreekParkway(40) Parking Stalls - FraserStaff Parking. (Crosshatched) 12224 NICOLLET AVENUE BURNSVILLE, MINNESOTA 55337 (952)-890-0509 JOB NUMBER:FIELD BOOK:DRAWN BY: FOR: ©Bolton & Menk, Inc. 2018, All Rights Reserved H:\CBRE_PR\T12115747\CAD\C3D\115747AT1.dwg 2/23/2018 12:13 PM R ALTA/NSPS LAND TITLE SURVEY BROOKLYN CENTER, MN H:\CBRE_PR\T12115747\CAD\C3D\SDB115747C T12.115747 ARK FILE NO. 3850 TRACT B & C, RLS NO. 1564 TRACT C & G, RLS NO. 1572 HENNEPIN COUNTY, MN JTS CAPITAL REALTY LLC c/o CBRE DESCRIPTION The following was provided in First American Title Insurance Company File No.: NCS-656079-MPLS, Policy No.: 656079, Date of Policy: July 7, 2014, at 10:29 a.m., Schedule A. Parcel A1: (LAND PARCEL) Tract B, Registered Land Survey No. 1564, Hennepin County. Registered Property Certificate of Title No. 1388707 Parcel A2: (EASEMENT PARCEL) Non-exclusive easement for driveway purposes over part of Tract A, Registered Land Survey No. 1537, as contained in the Easement Agreement dated March 11, 1980, recorded March 20, 1980 in the office of the Hennepin County Registrar of Titles as Doc. No. 1375074. Parcel A3: (EASEMENT PARCEL) Non-exclusive easements for driveway and parking purposes, all as contained in the Easement Agreement dated February 5, 1981, recorded February 9, 1981 in the office of the Hennepin County Registrar of Titles as Doc. No. 1414568, as amended by Doc. Nos. 1572021, 1597790, 1748866, 1830199, 2036563, and 2688893. Parcel A4: (EASEMENT PARCEL) Non-exclusive easement for parking purposes over part of Tract A, Registered Land Survey No. 1572, as contained in the Declaration of Covenants, Restrictions and Easement for Parking Purposes, dated December 16, 1987, recorded December 17, 1987 in the office of the Hennepin County Registrar of Titles as Doc. No. 1896176, as amended by the Sixth Amendment to Easement Agreement and Modification of Declarations for Parking, dated March 27, 1996, recorded March 28, 1996 as Doc. No. 2688893. Parcel A5: (EASEMENT PARCEL) Non-exclusive easement for storm sewer purposes over parts of Tract A, Registered Land Survey No. 1564, and Tract A, Registered Land Survey No. 1537, as contained in the Reciprocal Storm Sewer Easement Agreement dated July 11, 2005, recorded December 12, 2005 in the office of the Hennepin County Registrar of Titles as Doc. No. 4200026. Parcel A6: (EASEMENT PARCEL) Non-exclusive easements for utility purposes over parts of Tract A, Registered Land Survey No. 1564, as contained in the Utility Easement Agreement dated June 30, 2005, recorded October 19, 2005 in the office of the Hennepin County Registrar of Titles as Doc. No. 4177771. Parcel B1: (LAND PARCEL) Tract C, Registered Land Survey No. 1564; and Tracts C and G, Registered Land Survey No. 1572, Hennepin County. Registered Property Certificate of Title No. 1388707 Parcel B2: (EASEMENT PARCEL) Non-exclusive easements for driveway and parking purposes, all as contained in the Easement Agreement dated February 5, 1981, recorded February 9, 1981 in the office of the Hennepin County Registrar of Titles as Doc. No. 1414568, as amended by Doc. Nos. 1572021, 1597790, 1748866, 1830199, 2036563, and 2688893. Parcel B3: (EASEMENT PARCEL) Non-exclusive easements for utility purposes over parts of Tract A, Registered Land Survey No. 1564, as contained in the Utility Easement Agreement dated June 30, 2005, recorded October 19, 2005 in the office of the Hennepin County Registrar of Titles as Doc. No. 4177771. NOTES CORRESPONDING TO SCHEDULE B EXCEPTIONS The following were provided in First American Title Insurance Company File No.: NCS-656079-MPLS, Policy No.: 656079, Date of Policy: July 7, 2014, at 10:29 a.m., Schedule B - Exceptions from Coverage. The items referenced correspond to the items defined in the Title Commitment's Schedule B - Exceptions from Coverage, and are referenced on survey drawing by item number. Items 4 through 6 and 24 through 26, Schedule B - Exceptions from Coverage are not addressed on this survey (non-survey related). Item 1: Discrepancies, conflicts in boundary lines, shortages in area, encroachments, or any other fact which a correct survey would disclose, and which are not shown by public records. - ANY DISCREPANCIES OR CONFLICTS IN BOUNDARY LINES, AND SHORTAGES IN AREA ARE NOTED IN THE SURVEYORS NOTES AND ANY ENCROACHMENT OR OVERLAPPING OF IMPROVEMENTS THAT BOLTON & MENK, INC. IS AWARE OF ARE LISTED IN THE POSSIBLE ENCROACHMENTS SECTION OF THIS SURVEY MAP. Item 2: Any facts, rights, interests, or claims which are not shown by the public records but which could be ascertained by an inspection of said land or by making inquiry of persons in possession thereof. - ANY FACTS, RIGHTS, INTERESTS OR CLAIMS PROVIDED IN THE ABOVE MENTIONED TITLE INSURANCE COMMITMENT ARE SHOWN ON THIS SURVEY MAP. Item 3: Easements, claims of easement or encumbrances which are not shown by the public records. - ONLY THOSE EASEMENT OR CLAIMS PROVIDED IN THE ABOVE MENTIONED TITLE INSURANCE COMMITMENT ARE SHOWN ON THIS SURVEY MAP. Item 7: Rights of tenants under unrecorded leases, listed as follows: a.) Moneygram Payment Systems, Inc.; b.) Recreation Fire and Miracles Ministries; c.) Hennepin County; and d.) Hennepin Healthcare System, Inc. - ANY FACTS, RIGHTS, INTERESTS OR CLAIMS PROVIDED IN THE ABOVE MENTIONED TITLE INSURANCE COMMITMENT ARE SHOWN ON THIS SURVEY MAP. Item 8: Mineral and mineral rights reserved by the Regents of the University of Minnesota as shown by Recital on the Certificate of Title. (Parcel A and B). - SAID RIGHTS NOT SHOWN ON THIS SURVEY MAP. Item 9: Easement for driveway purposes now over part of Tract B, RLS No. 1564 as contained in Warranty Deed dated December 21, 1979, recorded January 8, 1980 as Doc. No. 1366011, and shown by Recital in the Certificate of Title. (Parcel A) - SAID EASEMENT IS SHOWN ON THIS SURVEY MAP. Item 10: Easement for driveway purposes and other possible uses now over part of Tract B, RLS No.1564 as contained in Warranty Deed dated March 7, 1980 recorded May 20, 1980 as Doc. No. 1381744, and shown by Recital on the Certificate of Title. (Parcel A) - SAID EASEMENT IS SHOWN ON THIS SURVEY MAP. Item 11: Easement for power line purposes in favor of Northern States Power Company, as contained in the Underground Easement dated April 9, 1973, recorded April 12, 1973 as Doc. No. 1067086. (Parcel B) - SAID EASEMENT IS SHOWN ON THIS SURVEY MAP. Item 12: Terms and conditions, including easements for driveway purposes, as contained in the Easement Agreement dated March 11, 1980, recorded March 20, 1980 as Doc. No. 1375074. (Parcel A) - SAID EASEMENT AS CONTAINED IN SAID EASEMENT AGREEMENT IS SHOWN ON THIS SURVEY MAP. Item 13: Terms and conditions, including easements, as contained in the Easement Agreement dated February 5, 1981, recorded February 9, 1981 as Doc. No. 1414568, as amended by the following: (Parcels A and B) (a) Amendment to Easement Agreement and Declaration dated March 9, 1984, recorded April 12, 1984 as Doc. No. 1572021; (b) Second Amendment to Easement Agreement and Declaration dated August 13, 1984, recorded August 29, 1984 as Doc. No. 1597790; (c) Third Amendment to Easement Agreement and Declaration dated July 21, 1986, recorded August 20, 1986 as Doc. No. 1748866; (d) Fourth Amendment to Easement Agreement and Declaration dated May 1, 1987, recorded May 8, 1987 as Doc. No. 1830199; (e) Fifth Amendment to Easement Agreement and Declaration dated December 1, 1988, recorded August 31, 1989 as Doc. No. 2036563 (see also the authorization in the instrument dated August 30, 1989, recorded August 31, 1989 as Doc. No. 2036562); (f) Declaration of Non-Merger dated June 30, 1994, recorded June 30, 1994 as Doc. No. 2529835; (g) Sixth Amendment to Easement Agreement and Modification of Declarations for Parking dated March 27, 1996, recorded March 28, 1996 as Doc. No. 2688893; and (h) Release and Termination of Parking Ramp Declaration dated March 25, 1996, recorded March 28, 1996 as Doc. No. 2688894. - SAID DRIVEWAY AND PARKING EASEMENTS CONTAINED IN THE TERMS AND CONDITIONS IS NOTED ON THIS SURVEY DRAWING. Item 14: Easements for drainage and utility purposes in favor of the City of Brooklyn Center as contained in the Easement Grant dated June 8, 1983, recorded June 21, 1983 as Doc. No. 1520298, as amended by the instrument recorded December 18, 1997 as Doc. No. 2870763. (Parcel A and B) - SAID EASEMENTS ARE SHOWN ON THIS SURVEY MAP. Item 15: Easement for drainage and utility purposes in favor of the City of Brooklyn Center as contained in the Easement Grant dated July 22, 1983, recorded August 2, 1983 as Doc. No. 1527228. (Parcel A) - SAID EASEMENT IS SHOWN ON THIS SURVEY MAP. Item 16: Easement for drainage and utility purposes in favor of the City of Brooklyn Center, as contained in the Easement Grant dated October 14, 1983, recorded October 21, 1983 as Doc. No. 1542290. (Parcel A) - SAID EASEMENT IS SHOWN ON THIS SURVEY MAP. Item 17: Terms and conditions of the Declaration of Covenants and Construction Agreement for a Traffic Control Signal, recorded May 8, 1987 as Doc. No. 1830197. (Parcel A) - PARCEL A IS SUBJECT TO SAID AGREEMENT AND IS NOT SHOWN ON THIS SURVEY MAP. Item 18: Terms and conditions of the Declaration of Covenants and Construction Agreement for a Traffic Control Signal, dated December 16, 1987, recorded December 17, 1987 as Doc. No. 1896175. (Parcel A) - PARCEL A IS SUBJECT TO SAID AGREEMENT AND IS NOT SHOWN ON THIS SURVEY MAP. Item 19: Terms and conditions of the Declaration of Covenants, Restrictions and Easement for Parking Purposes, dated December 16, 1987, recorded December 17, 1987 as Doc. No. 1896176, as amended by the Sixth Amendment to Easement Agreement and Modification of Declarations for Parking, dated March 27, 1996, recorded March 28, 1996 as Doc. No. 2688893. (Parcel A) - EASEMENT FOR PARKING PURPOSES IN SAID TERMS AND CONDITIONS IS SHOWN ON THIS SURVEY MAP. Item 20: Terms and conditions of the Temporary License Agreement dated August 18, 1993, between The Travelers Insurance Company and the Metropolitan Transit Commission, which is unrecorded but which is referred to in the Memorandum of Temporary License Agreement dated August 18, 1993, recorded February 28, 1994 as Doc. No. 2485452. (Parcel A) - PARCEL A IS SUBJECT TO SAID AGREEMENT AND IS NOT SHOWN ON THIS SURVEY MAP. Item 21: Terms and conditions of the Temporary Parking Agreement between DJS Holdings, Inc., a Delaware corporation, and CHEDI Holdings LLC, a Minnesota limited Liability company, dated May 6, 2003, which is unrecorded but which is referred to in the Memorandum of Agreement dated May 6, 2003, recorded July 8, 2003 as Doc. No. 3772648. (Parcel B) - SUBJECT PROPERTY IS SUBJECT TO SAID AGREEMENT AND IS NOT SHOWN ON THIS SURVEY MAP. Item 22: Terms and conditions of the Utility Easement Agreement, between Freeway III Holdings, LLC, DJS Holdings, Inc., and Chedi Holdings, LLC, dated June 30, 2005, recorded December 12, 2005 as Doc. No. 4177771. (Parcel A and B) - SAID EASEMENTS PERTAIN TO EXISTING UTILITY LINES WITHIN PARCEL B-1 AND TRACK A OF RLS NO. 1564, WHICH ADJOINS SAID PARCEL B-1 TO THE NORTH. OBSERVED UTILITY LINES ARE SHOWN ON THE SURVEY MAP. Item 23: Terms and conditions, including an easement for storm sewer purposes, as contained in the Reciprocal Storm Sewer Easement Agreement, between Freeway III Holdings, LLC, Industrial Equities Group, L.L.C., and Chedi Holdings, LLC, dated July 11, 2005, recorded December 12, 2005 as Doc. No.4200026. (Parcel A) - SAID EASEMENT IS SHOWN ON THIS SURVEY MAP. (SEE SURVEYOR'S NOTE #6) POSSIBLE ENCROACHMENTS The following are possible encroachments that may affect the Subject Property. Bolton & Menk, Inc. does not guarantee that all encroachments have been identified. A Private driveway lies outside of driveway easement. B Utilities and/or structures do not lie within an easement provided to Bolton & Menk, Inc. - No documentation for additional easements was provided to Bolton & Menk, Inc. C Building (6701 Parkway Circle) encroaches into the minimum building setback by 0.3 feet. D Posts lie outside of subject property by ±0.4 FT. TO ±0.8 FT. UTILITY AND SITE DATA A zoning report or letter was not provided to Bolton & Menk, Inc. by the Client. All Zoning and Setback information was obtained from the City of Brooklyn Center Planning & Zoning Office web site (http://www.ci.brooklyn-center.mn.us), on February 21, 2018. For detailed zoning information and specific interpretation of code requirements, contact the City of Brooklyn Center Planning & Zoning Office at (763)569-3335. ZONING: Subject property - PUD/I1 (Planned Unit Development/Industrial Park) TRACT B, REGISTERED LAND SURVEY NO. 1564 MINIMUM BUILDING SETBACKS: Front 50 Rear 25 Side 10 MINIMUM PARKING SETBACKS: 15 feet from any abutting street right or way TRACT G, REGISTERED LAND SURVEY NO. 1572 MINIMUM BUILDING SETBACKS: Front 50 Rear 25 Side 10 MINIMUM PARKING SETBACKS: 15 feet from any abutting street right or way TRACT C, REGISTERED LAND SURVEY NO. 1564 MINIMUM BUILDING SETBACKS: NOTE: NO BUILDINGS ALLOWED ON SUBJECT PROPERTY MINIMUM PARKING SETBACKS: 15 feet from any abutting street right or way TRACT C, REGISTERED LAND SURVEY NO. 1572 MINIMUM BUILDING SETBACKS: NOTE: NO BUILDINGS ALLOWED ON SUBJECT PROPERTY. MINIMUM PARKING SETBACKS: 15 feet from any abutting street right or way (Note: Setbacks require an interpretation therefore are not graphically shown on this survey map.) FLOOD ZONE: Community Panel No. 27053C0208F, dated November 4, 2016, of Flood Insurance Rate Maps published by U.S. Department of Housing and Urban Development, shows this site as being located in Zone "X", Zone "X" is defined as "Area of Minimal Flood Hazard". UTILITIES: Underground utility lines and structures are shown in an approximate way only, according to information provided by others, together with information shown on a previous survey by Bolton & Menk Inc. dated 9/2/2005 (revised 9/12/2005). A request that utilities be located for this survey was made through Gopher State One Call (Ticket No. 180320249, 180320250, 180320258 & 180320361). The underground utility lines and structures shown on this map represent the information provided to Bolton & Menk, Inc. as a result of that request. The surveyor does not guarantee that the information provided was either complete or accurate. The surveyor does not guarantee that there are no other underground utility lines and structures, active or abandoned, on or adjacent to the subject property. AREA: PARCEL A1 Subject property contains 193,391 square feet (4.44 acres) PARCEL B1 Subject property contains 339,582 square feet (7.80 acres) PARKING: Subject property and parking easement areas contain ±667 regular parking spaces and 23 handicap spaces. (Note: Count includes only those spaces with the majority lying within the subject property and parking easements.) SURVEYOR'S NOTES 1. Orientation of the bearing system is based upon the most westerly line of TRACT B, REGISTERED LAND SURVEY NO. 1564, Section 35, Township 119, Range 21, Hennepin County, Minnesota, which is assumed to bear North 5 degrees 40 minutes 26 seconds West. 2. Bolton & Menk, Inc. determined ownership of adjoining land from Hennepin County tax records using the "Property Interactive Map" application on Hennepin County's web site. 3. The exterior building lines shown are of the building footprint as measured at ground level. The building foundation, which is not visible, may extend beyond the exterior building lines shown. 4. Subject property has constructed vehicular and pedestrian ingress and egress to/from Parkway Circle and Shingle Creek Parkway. 5. The 24 foot wide access easement granted by Doc. No. 2036563 is not locatable by the document alone. 6. The field survey on which this map is based was performed when snow was covering all or part of the subject property. There could be improvements on the site, or encroachments onto or from the site, observable under other conditions but hidden by snow on the date of this survey. 7. Bolton & Menk, Inc. did not observe evidence of recent earth moving work, building construction, or building additions observed in the process of conducting the fieldwork. 8. Bolton & Menk, Inc. is not aware of proposed changes in street right of way lines from the controlling jurisdiction. Bolton & Menk, Inc. did not observe evidence of recent street or sidewalk construction or repairs observed in the process of conducting the fieldwork. 9. Bolton & Menk, Inc. did not observe any wetland delineation markers in the process of conducting the fieldwork. 10. Improvements graphically shown on adjoining parcels beyond 5ft of the subject property, except for opposite curb lines of streets and driveways and improvements pertaining to easements benefiting the subject property, are from previous surveys prepared by Bolton & Menk, Inc. and were not verified for changes. SURVEYORS CERTIFICATION To JTS Capital Realty LLC; First American Title Insurance Company: This is to certify that this map or plat and the survey on which it is based were made in accordance with the 2016 Minimum Standard Detail Requirements for ALTA/NSPS Land Title Surveys, jointly established and adopted by ALTA and NSPS, and includes Items 1, 2, 3, 4, 6b, 7b(1), 7b(2), 8, 9, 10a, 11, 13, 16, 17, 18, 19 and 20 of Table A thereof. The field work was completed on February 14, 2018. I hereby certify that this survey was prepared by me or under my direct supervision and that I am a duly licensed land surveyor under the laws of the State of Minnesota. Date of Plat or Map: February 23, 2018 ___________________________ Eric R. Wilfahrt Registration No. 46166 Note: This certification is made to the parties listed above as a professional opinion based on the knowledge information and belief of the surveyor as of the date of issuance. Over time, survey and title conditions may change from those shown on this survey or in the title commitment. The above parties are advised that updated title documentation and surveys will be required to confirm conditions affecting the subject property after date of issuance of this survey.S35-T119-R21-12,13 S S C S S S S S S S S S S NOT TO SCALE LOCATION MAP S35-T119-R21-12,13JOB NUMBER:FIELD BOOK:DRAWN BY: FOR: ©Bolton & Menk, Inc. 2018, All Rights Reserved H:\CBRE_PR\T12115747\CAD\C3D\115747AT1.dwg 2/23/2018 12:13 PM R ALTA/NSPS LAND TITLE SURVEY BROOKLYN CENTER, MN H:\CBRE_PR\T12115747\CAD\C3D\SDB115747C T12.115747 ARK FILE NO. 3850 TRACT B & C, RLS NO. 1564 TRACT C & G, RLS NO. 1572 HENNEPIN COUNTY, MN JTS CAPITAL REALTY LLC c/o CBRE 12224 NICOLLET AVENUE BURNSVILLE, MINNESOTA 55337 (952)-890-0509 AMENDED AND RESTATED PLANNED UNIT DEVELOPMENT AGREEMENT THIS AMENDED AND RESTATED PLANNED UNIT DEVELOPMENT AGREEMENT (this "Agreement") is made as of this h day between JTS Capital Realty LLC, a Texas limited liability company ("JTS'') and the City of Brooklyn Center, Minnesota, a Minnesota municipal corporation (the "City''). WHEREAS, JTS is the owner of the real property located at 6601 Shingle Creek Parkway, and legally described as: Tract G, Registered Land Survey 1572, according to the duly recorded registered land survey thereof, Hennepin County, Minnesota (hereinafter the "660 I Shingle Creek Parkway Property"); and WHEREAS, JTS is the owner of the real property located 6701 Parkway Circle, and legally described as: Tract B, Registered Land Survey 1564, according to the duly recorded registered land survey thereof, Hennepin County, Minnesota (hereinafter the ·'6701 Parkway Circle Property''); and Exhibit B WHEREAS, on July 10, 1995, by Resolutions No. 95-157, the City Council rezoned the 6601 Shingle Creek Parkway Property and the 6701 Parkway Circle Property along with other neighboring properties to Planned Unit Development/Industrial Park) and approved a planned unit development for these properties (the "1995 PUD"); and WHEREAS, the 1995 PUD allowed for the development of buildings on these properties with certain percentage use allowances; and WHEREAS, JTS has applied to the City to amend the 1995 PUD to remove the percentage use allowance for the buildings on the 670 I Parkway Circle Property and the 6601 Shingle Creek Parkway Property and to clarify that buildings on these properties may be used for any use that is a permitted use in the I-t zoning district; and WHEREAS, JTS has also requested that a t 2 foot by 20 foot outdoor storage area be allowed on the 6601 Shingle Creek Parkway Property that would allow the storage of PVC piping supplies; and WHEREAS, JTS has also requested that an approximately 8,148 square foot indoor retail showroom to display plumbing fixtures and supplies be allowed in the building on the 6601 Shingle Creek Parkway Property; and WHEREAS, the City has approved such changes to the 1995 PUD on the basis of the determination of the City Council of the City that such changes to the 1995 PUD are acceptable only by reason of the details of the development proposed and the unique land characteristics of the properties; and that but for the details of the development proposed and the unique land use characteristics of such proposed uses, the changes to the PUD would not have been approved; and 2 WHEREAS, as a condition of approval of the changes to the PUD, the City Council has required the execution and filing of this Agreement; and NOW, THEREFORE, the parties further agree that the 1995 PUD as it applies to the 6701 Parkway Circle Property and the 6601 Shingle Creek Parkway Prope,ty is hereby terminated and that this PUD Agreement supersedes the 1995 PUD but only as it pertains to these two properties. NOW, THEREFORE, in consideration of approval of the changes to the PUD, the parties hereto agree that the 6601 Shingle Creek Parkway Property and the 6701 Parkway Circle Property shall be, held, transfen-ed, sold, and conveyed, and occupied subject to the covenants, conditions, and restrictions, hereinafter set forth; and 1. The 6601 Shingle Creek Parkway Property shall be limited to the following uses: a. Any use that is a permitted use in the City's I-1 zoning district; b. A clinic; c. An indoor showroom; and d. A 12 foot by 20 foot outdoor storage area. The storage area must be located within the existing mechanical area by the loading docks on the 660 I Shingle Creek Parkway Property so that it does not result in any loss to existing parking. 2. The 6701 Parkway Circle Property shall be limited to the following uses: uses that are permitted uses in the City's 1-1 zoning district. 3. Except as otherwise permitted herein, the properties described herein shall conform to the zoning regulations of the City of Brooklyn Center applicable to PUD-lndustrial Park districts. 3 4. Any changes in uses to the buildings or structures on the properties described herein must adhere to the City's parking requirements. 5. Any additional buildings or structures on the properties described herein will require site plan approval by the City Council. 6. The properties described herein may be used only in accordance with paragraphs 1-2 of this Agreement unless the owner of a property first secures approval by the City Council of an amendment to the PUD Plan for its property and to this Agreement or a rezoning to a zoning classification that permits such other development and use. In that event, only the property owner or owners requesting the amendment to the PUD Plan will need to sign an amendment to this Agreement and not the other parties to this Agreement. 7. The restrictions of this Agreement run with the land of the properties described herein and shall be enforceable against the owners of the properties and their successors and assigns by the City acting through its City Council. 8. The development of the 6601 Shingle Creek Parkway Property shall be in substantial compliance with the approved PUD plans that are on file with the City and that were approved by the City Council in Resolution No. 2019-017 and the conditions in Resolution No. 2019-017. "Substantial compliance" shall mean that building, parking areas, and roads are in essentially the same location as approved; the floor area of nonresidential areas has not been increased or decreased by more than five percent; no building has been increased or decreased in the number of floors; open space has not been decreased or altered from its original design or use; and lot coverage of any individual building has not been increased or decreased by more than 10 percent, unless approval is obtained by the City Council. 4 IN WITNESS WHEREOF, the undersigned as duly authorized agents, officials, officers. and representatives of JTS and the City has hereunto set their hands and seals as of the day and year first above written. Signature Pages follow 5 ST A TE OF72xtt .s. ) ~ ) ss. COUNTYOFl!/~AJ!=?N) JTS CAPITAL REAL TY LLC By: lts: ·. / JiM lN, (M(.)LJ/1.e__ c/icv r ... The foregoing instrument was acknowledged before me this /'71ay of ...Ju ,v-e.. 2019, by S.111 W /12.cio~, the £VP of JTS Capital Realty LLC, a Texas limited liability company, on behalf of said limited liability company. _ _ilcfllb~~ Notary Public 6 CITY OF BROOKLYN CENTER ST A TE OF MINNESOTA ) ) ss. COUNTY OF HENNEPIN ) The foregoing instrument was acknowledged before me this dfl_ day of j(,(11)0 2019, by Mike Elliott and Cornelius L. Boganey, the Mayor and City Manager, respectively, of the City of Brooklyn Center, a Minnesota municipal corporation on behalf of the City. THIS INSTRUMENT WAS DRAFTED BY: Kennedy & Graven, Chartered (SJS) 4 70 U.S. Bank Plaza 200 South Sixth Street Minneapolis, MN 55402 (612) 337-9300 Nata~ 7 BARBARA JEANSUCIU NOTARY PUBLIC· MINNESOTA MYCOIOOWONl!XPlll!SOl/llf.lO Exhibit C City of Brooklyn Center | 6301 Shingle Creek Pkwy | Brooklyn Center, MN 55430-2199 | (763) 569-3300 | www.cityofbrooklyncenter.org COMMUNITY DEVELOPMENT – PLAN REVIEW Plan analysis based on 2018 IBC/2020 MN State Building Code, ANSI A117.1-2009, MN Chap 1323 Energy, MN State Fire Code Project Number: BU21-0318 Date: 7/27/2021 Project Name: Fraser Contractor: Anderson CC, Inc. Address: 6701 Parkway Circle Phone: 952-426-1047 Valuation: $215,265 Architect: Gonzalo Villares Occupancy: B Engineer: NA Construction: IIB Occupant Load: 107 Area Square Ft: 8,248 sq. ft. Sprinklers: Yes SAC Charges: ? Report by: Dan Grinsteinner Gonzalo Villares Pope Architects 1295 Bandana Blvd N, Suite 200 St. Paul, MN 55108-2735 CC: Rasiney Rivers Anderson CC, Inc. 5280 W. 74th Street Edina, MN. 55439 Exhibit D City of Brooklyn Center | 6301 Shingle Creek Pkwy | Brooklyn Center, MN 55430-2199 | (763) 569-3300 | www.cityofbrooklyncenter.org Dear Gonzalo, A review for Fraser to be located at 6701 Parkway Circle has been completed. The document that was received is: Architectural Plans signed by Gonzalo Villares. The building was reviewed as a “IIB” type of construction, fully fire sprinklered and “B” occupancy with an occupant load of 107. The following comments must be addressed: 1. MET Council shall complete a SAC determination. The determination document shall be received by the City before a permit is issued. 2. Additional City permits that may be required from the Building Inspection Department for this proposal are an HVAC permit, Plumbing permit- (Plumbing plans shall be signed and submitted to the Department of Labor and industry for review) , Electrical permit and Fire Sprinkler permit. Also the City’s Community Development Department must be contacted on all proposed signage on the site. Permits are required for all exterior signage. 3. Exit door 134B located on page A2.2 & noted on opening schedule has a Delayed Egress hardware as does door 134A. As noted on page A0.3 code date and MNBC 1010.1.9.8.1 #5. “The Egress path from any point shall not pass through more than one delayed egress locking system”. 4. Doors 118 & 108B located on page A2.2 located in hallway provides 1’-1” when doors are opened. Doors in any position shall not reduce the required width by more than one-half per MNBC 1005.7.1. 5. Existing windows located within a 24 inch arc of door 108A shall be tempered. Existing windows will need verification. Doors within a 24 inch arc of either doors edge in a closed position shall be tempered per MNBC 2406.4.2. 6. Handrails shall be located on each side of stairways per MNBC 1011.11. 7. Stair risers shall be a maximum of 7 inches and minimum of 4 inches with treads a minimum of 11 inches. Dimensional uniformity of treads and risers shall not exceed 3/8 inch per MNBC 1011.5.2. 8. Exit signage must meet the requirements of MNBC 1013 and approved on site by City Inspector. 9. Exit illumination must meet the requirements of MNBC 1008 and approved on site by the City Inspector. 10. Portable fire extinguishers must be current on inspection dates and placed in accordance with MNBC 906 and MNFC 906 and approved on site by the City Inspector. Items 1, 3, & 4 listed must be submitted/responded to before a final review can be completed and a permit is issued. If you have any questions please do not hesitate to call me at 763-569-3313. Sincerely, Dan Grinsteinner Building Official City of Brooklyn Center App. No. 2021-005 PC 09/09/2021 Page 1 Planning Commission Report Meeting Date: September 9, 2021 Application No. 2021-005 Applicant: Evangelical Lutheran Church of the Master Location: 1200 69th Avenue North, Brooklyn Center, MN 55430 Requests: Special Use Permit to replace existing illuminated monument sign with installation of a Digital Messages Sign (DMS) in approximately the same location along 69th Avenue North REQUESTED ACTION Electro Signs, a licensed sign hanger with the City of Brooklyn Center and acting on behalf of Evangelical Lutheran Church of the Master (“the Applicant”), is requesting issuance of a Special Use Permit to allow for the installation of a new Dynamic Messages Sign (DMS). Refer to Exhibit A. Pursuant to City Code Section 34-140; Subpart 3.D, “A DMS owned or operated by a Public Use in all districts where Public Uses are allowed may be approved by special use permit.” The property under consideration within this report, 1200 69th Avenue North (“the Subject Property”), is currently owned by the Evangelical Lutheran Church of the Master and operates as a Public Use per the definitions section of the City’s Sign Code (Chapter 34). Due to the nature of the requests, a public hearing is required. A public notice was published in the Brooklyn Center Sun Post on August 26th, 2021 (Exhibit B). Properties located within the affected notification area were also mailed a notification that contained a copy of the notice and map, and a link to the virtual meeting, as the City is currently operating in accordance with Minnesota Statutes, Section 13D.021 following emergency declarations made by the Mayor of Brooklyn Center regarding the ongoing COVID-19 health pandemic in August. COMPREHENSIVE PLAN AND ZONING STANDARDS 2040 Future Land Use Plan: Public/Semi-Public/Institutional Neighborhood: Evergreen Current Zoning: PUD/R1 (One Family Residence) District Surrounding Zoning: North: R1 (One Family Residence) District –Single Family • Application Filed: 8/10/2021 • Review Period (60-day) Deadline: 10/9/2021 • Extension Declared: N/A • Extended Review Period Deadline: N/A App. No. 2021-005 PC 09/09/2021 Page 2 East: PUD/R1 (One Family Residence) District and R1—Evergreen Park South: R1 (One Family Residence) District – City Pump House and Single Family West: R5 (Multi Family Residence) District – Carrington Drive Apartments Site Area: 4.62 acres total Map 1. Existing Configuration of Subject Property (1200 69th Avenue North) BACKGROUND Evangelical Lutheran Church of the Master was originally constructed in 1961 and was approved for an addition in 1966 (Planning Commission Application No. 66018). In 1973, a Special Use Permit was issued for the church property at 1200 69th Avenue North to operate a nursery school (Planning Commission Application No. 73044). In 1980, the Applicant received approval for a 9,000-square foot fellowship hall and administrative office addition to 1200 69th Avenue North under Planning Commission Application No. 80025. It was noted under this application that the church was zoned R-1 and that churches are a special use within the R-1 District. In the 1990s, Evangelical Lutheran Church of the Master, which currently encompasses properties located at 1107 Emerson Lane, 6907 Dupont Avenue North, 1100 69th Avenue North, and 1200 69th Avenue North (main church property), received approvals to re-zone the properties and establish a Planned Unit Development for what was to effectively be a multi-building church campus. The Applicant, Evangelical Lutheran Church of the Master, is currently under consideration for a separate set of requests at this time for approvals of a preliminary and final plat, PUD amendment, Special Use App. No. 2021-005 PC 09/09/2021 Page 3 Permit, re-zoning, and comprehensive plan amendment under Planning Commission Application No. 2021-003. The aforementioned application and this application (Planning Commission Application No. 2021-005) are to be considered separately and under separate public hearings. With regard to prior approvals for signage at the Subject Property, the City of Brooklyn Center City Council approved a variance for Evangelical Lutheran Church of the Master to erect a, “church identification sign and bulletin board 15 feet from front property line” on September 9th, 1963 under Planning Commission Application No. 63062. Refer to Exhibit C. City Ordinance Standards The current DMS sign proposal will be located in approximately the same location City Council originally approved (15 feet from property line). It should be noted that the current City Sign Code provisions allow for a freestanding or monument sign in excess of 16 square feet to be located up to the property line in cases where vision is not materially impeded between a height of 2 ½ and 7 ½ feet above the centerline grade of the street, and in situations where not possible (such as in the case of the proposed DMS sign), for there to be a minimum setback of 10 feet from the street right-of-way line/property line. Under City Code Chapter 34 (Signs), a “public use” is allowed to have one freestanding sign not to exceed 36 square feet and no more than 10 feet above ground level. Properties that have two or more street frontages are entitled to a second sign of same size; or may elect to have one single freestanding sign not to exceed 72 square feet and 15 feet in height. Diagrams of the proposed sign can be found in Exhibit A and in Image 1 below. The Subject Property is on multiple frontages; therefore, the maximum allowance under the current Sign Code provisions would be no more than 72 square feet and 15 feet in height. Image 1. Existing Illuminated Bulletin Board Sign and Proposed New DMS Sign – Located along 69th Avenue North (1200 69th Avenue North). Provisions to allow for Dynamic Messages Signage (DMS) and Public Uses were adopted by the City in 2013. According to the Section 34-140.3.D of the City Sign Code, all DMS owned and operated by a public use located in all districts where Public Uses are allowed may be approved by a special use permit, but are subject to the following additional standards: App. No. 2021-005 PC 09/09/2021 Page 4 a. The DMS shall only be allowed on a freestanding sign aligned perpendicular to the adjacent roadway system. This roadway must either be a collector or arterial street as identified in the City’s Comprehensive Plan; b. The area of a DMS sign is limited to an area equal to 50% of the maximum allowable size of the freestanding sign; c. The DMS message must remain stationary or static of 8 seconds or more; d. The DMS shall be located no closer than 50 feet from any residential dwelling; and e. The DMS must have dimming technology that automatically adjusts its brightness in direct correlation with ambient light conditions. Brightness shall not exceed 0.3 foot-candles above ambient light as measured from a preset distance depending on the sign size. (55 feet for the proposed sign size). In addition to these specific sign standards, and pursuant to City Code Section 35-220, Subdivision 2, the following standards must be met in order to satisfy the issuance of a special use permit: a. The establishment, maintenance or operation of the special use will promote and enhance the general public welfare and will not be detrimental to or endanger the public health, safety, morals or comfort; b. The special use will not be injurious to the use and enjoyment of other property in the immediate vicinity for the purposes already permitted, nor substantially diminish and impair property values within the neighborhood; c. The establishment of the special use will not impede the normal and orderly development and improvement of surrounding property for uses permitted in the district; d. Adequate measures have been or will be taken to provide ingress, egress, and parking so designed as to minimize traffic congestion in public streets; and e. The special use shall, in all other respects conform to the applicable regulations of the district in which it is located. As some precedent has been in set, given that the existing illuminated sign has been at its current location and in proximity to surrounding single and multi-family properties since the mid-1960s, City Staff does not anticipate that the proposed DMS sign would 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. As the existing sign appears to have been in place since the mid-1960s, City Staff feels that a new sign would be an improvement to the surrounding neighborhood. The Applicant and sign contractor did provide a letter as part of their application (Exhibit A) outlining how the brightness standards will be met as set forth in the City Sign Code. Given the additional standards in place for Public Use DMS, City Staff does not feel the proposed new DMS sign would be a detriment or safety risk to the general public welfare. Should there be issues with regard to brightness or the frequency of image changes via the DMS, these concerns or complaints would be addressed by City code enforcement, as is the case with all other issues that might arise with signage in the City. As the request intends to locate the new DMS sign in the same general location as the existing illuminated sign, City staff is not concerned regarding impacts to the existing ingress, egress, and parking at the Subject Property. The existing sign is located approximately 83 feet east of the westernmost curb App. No. 2021-005 PC 09/09/2021 Page 5 cut to the Subject Property off 69th Avenue North and City staff is therefore not concerned with regard to potential visibility issues. SPECIAL USE PERMIT REVIEW In relation to the Public Use DMS sign standards noted above, the sign will need to meet these requirements assuming approval and as part of the City sign permit approval process. The proposed DMS sign would be required to adhere to the sign standards, such as the maximum brightness and adherence to a minimum eight second static message upon install. The proposed sign is a freestanding (monument type) sign aligned perpendicular to 69th Avenue North, which is also classified as a collector road, and the DMS sign is proposed to be in approximately the same location as the existing sign on the Subject Property. Image 2. Proposed New DMS Sign with Dimensions – Located along 69th Avenue North (1200 69th Avenue North). The overall size of the sign is 66 square feet. A DMS at this location is allowed to have up to 72 square feet of total signage, allowing up to 36 square feet dedicated to the electronic message board or Digital Messages Sign (DMS). The proposed electronic message board is approximately 26 square feet in area. This proposed square footage therefore meets the maximum 50-percent threshold of sign area required under this ordinance. The nearest residential dwelling appears to be located approximately 145 feet from the nearest residential dwelling, located to the southeast at 6843 69th Avenue North and would therefore meet the minimum 50 foot distancing requirement from any residential dwelling. The closest property to the sign area is located across the street and south of 69th Avenue North and is actually one of the City’s pump houses (1207 69th Avenue North). Refer to Image 3 below. App. No. 2021-005 PC 09/09/2021 Page 6 Image 3. Existing Illuminated Sign and Nearest Properties South of 69th Avenue North. APPROVAL CONDITIONS City staff recommends the following conditions be attached to any positive recommendation on the approval of Planning Commission Application No. PC2021-005 for the Special Use Permit for a DMS sign located at the Subject Property, 1200 69th Avenue North: 1. The new Dynamic Messages Sign (DMS) shall comply with and meet all regulation and standards as set forth under Chapter 34 (Signs) and Chapter 35 (Zoning) of the City Code of Brooklyn Center. 2. The special use permit is issued only to Lutheran Church of the Master or the current landowners with the ability to install and maintain a new DMS at the Subject Property of 1200 69th Avenue North; and is limited to Lutheran Church of the Master use only or any other future public use that may occupy this site, as defined under City Code Section 35-900. 3. No third- party or off site-business or off-premise advertising is allowed by the DMS displays. 4. Any significant changes or modifications made to these requests can only be made by an amendment and as approved by the City Council. RECCOMENDATION Based on the above-noted findings and conditions, City staff recommends: The Planning Commission recommends City Council approval of the requested issuance of a Special Use Permit for a DMS sign, subject to the conditions as outlined above in the Approval Conditions and the associated resolution. Attachments Exhibit A – Planning Commission Application No. 2021-005 and documentation, submitted by Electro Signs on behalf of the Evangelical Lutheran Church of the Master, and dated August 10, 2021. Exhibit B – Public Hearing Notice, dated August 26, 2021, as published in the Brooklyn Center Sun Post. Exhibit C – Planning Commission Application No. 63062 and Excerpt of the September 9, 1963 City Council Meeting Minutes. July 30, 2021 PROJECT NARRATIVE The proposed electronic message center project is to be installed at the Lutheran Church of the Master on 69th Avenue. The display boards are an upgrade and will replace the existing changeable copy signs at this location. The current sign needs to be replaced to allow the church to continue to communicate messages and promote events to the congregation and community members. Exhibit A ElectroSignDesign.com 763.785.7968 DESIGN • MANUFACTURE • INSTALL • REPAIR interior & exterior signage 1680 99th LN NE • Suite C • Blaine, MN 55449 • (Office) 763.785.7968 • ElectroSignDesign.com PRODUCTION QUESTIONS? PLEASE CONTACT YOUR SALES REPRESENTATIVEREVIEW CAREFULLY, THIS REFLECTS FINISHED PRODUCTPlease Approve, sign and return by: ______________If approval or missing information is not received by due date, the production schedule for your order may change which will affect your ship date.Sign off _______________YOU MUST SIGN AND DATE BEFORE PRE-PRODUCTION RELEASES TO PRODUCTIONColorSpellingSizeApproveChangeClient Approval RequiredThis is an or i ginal unpublishe d de sign, created by Elect ro Signs a nd Desi gn, L LC. It is submitted for yo ur personal use in connectionwith the project being planned for you by Electro Signs and Design, LLC. It is not to be shown to anyone outside of your organization, nor isit to be used, reproduced, copied, or exhbited in any fashion without the written permission of Electro Signs an Design, LLC. All or anypart of this design (exc ept r egistere d trademar ks) remain the pr oper t y of Elec tr o Signs and Design, LLC. A n A r t work Design fee of$1,000.0 0 w ill be charge d for this De sig n if u se d w it hout permission fr om Elect ro Signs an d D esi gn, L LC. Prepared For: LCM Church New Monument Cabinets Brian Kornuth 4 Project Name/# Sales Rep Rendering # Front View Design Colors NIGHT Digital CMYK Remove and dispose of existing sign. Fabricate and Install a new cabinet sign EXISTING SIGNAGE PROPOSED SIGNAGE Don’t Pray For Life To Be Easier Pray To Become Stronger lcmonline.net 99” 96” 27” 24” DMC 3' 5 1/2" x 7' 6" x 4" 4” Don’t Pray For Life To Be Easier Pray To Become Stronger TOP PANEL - (2) Flat Polycarbonate Panels - Vinyl Graphics Applied First Surface - Black Retainers & Cabinet DIGITAL MESSAGE CENTER - (2) HYOCO boards 13.25mm - Full Color BASE - Metal - Dimensional Address Painted White MONUMENT - Double Sided 1200 69TH AVE N 1200 69TH AVE N lcmonline.net lcmonline.net Exhibit B Exhibit C Minutes of the Proceedings of the Village 3 5 Council of the Village of Brooklyn Center In the County of Hennepin and State of Minnesota September 9, 1963 The Village Council met In Regular Session and was called to order by Mayor Gordon Erickson at 7 :30 P. M. Roll Call; Mayor Gordon Erickson, Phil Cohen, Howard Heck and Henry Dorf# were present. john Leary was absent. The Rev. Amos LeVang of the Brooklyn Center Assemblies of God Church gave the invocation. Motion by Phil Cohen and seconded by Howard Heck to approve the minutes as recorded for the meeting of September 3, 1963. Motion carried. John Leary arrived at the meeting at 7:45 P. M. Mr. Sidney Hagen represented by Attorney Richard Parish asked that the Council assist them in securing access to Mr. Hagen's property at 7015 Kyle Avenue North. Motion by Phil Cohen and seconded by John Leary to instruct the administrator to contact St. Alphonsus Church regarding an easement to Sidney Hagen for access to his property. Motion carried, The Village Council again considered the matter of a buildltrg permit to Howe Inc. for the construction of a warehouse addition. A number of the owners of adjacent residential property strenuously objected to the Issuance of the permit. Motion by John Leary and seconded by Howard Heck to grant a build- ing permit for a maximum of 6,974 square feet to Howe Inc-. Motion by Howard Heck and seconded by Phil Cohen to amend the previous motion by adding the words for "warehouse use only ". Voting on the amendment, all members voted for the amendment and It was declared carried. Voting on the original motion as amended, all members voting for the motion and the motion was declared carried. Motion by Phil Cohen and seconded by Howard Heck that the letter from Howe Inc. relating to the improvements to the manufacturing process to abate air pollution be spread on the record and further that such Improve- ment be Inspected shortly after January 2, 1964 to determine that the improvements have been completed. Motion carried. The letter from Howe - Incorporated follows: HOWE - INCORPORATED September 9, 1963 Village Council of Brooklyn Center Gentlemen: In connection with granting a building permit for an addition to provide additional storage. We have had discussion with regard to improve- ments on our scrubber. We have submitted suggestions for improvements by Mr. Grant Marburger, and we wish to assure you we intend to proceed with alterations and improvements as suggested. 8111 M. Howe Vos President 1-Hie_ Inc. 3! Motion by Howard Heck and seconded by John Leary to uphold the recommendation of the Planning Commission and approve application 63063 by Brookdale Center and grant permission to permanently locate one identification sign 25 feet south of County Road #10 and 170 feet East of the center line of the North access road and to also grant an extension of time for two signs in temporary locations at the access roads on the Osseo Road, for a period of one year. Motion carried. Motion by John Leary and seconded by Henry Dorff to uphold the action of the Planning Commission and approve application #63060 submitted by Robert Quenroe and grant a variance to construct an attached garage with one corner 2.45 feet from the side lot line instead of 5 feet as required by ordinance. Motion carried. Motion by john Leary and seconded by Phil Cohen to uphold the action of the Planning Commission and approve application #63066 submitted by Mayme Baldwin and grant permission to divide a lot by metes and bounds description into two lots, each lot to be 65.8 feet wide and 165.6 feet deep. Motion carried. Motion by Phil Cohen and seconded by Howard Heck to uphold the action of the Planning Commission and approve application #63061 as submitted by Donald Mason for a Special Use Permit for a restaurant at 5657 Logan Avenue on the following conditions: 1. The requirements of the lease between Mr. Mason and the Northern States Power Company for accessory parking shall be part of the Special Use Permit. 2. There shall be screening on the South Side of the lot as required by Section 35 -710. and the following variances are hereby approved: 1. A variance on Section 35 -705 to ermit 90"a le kin forPn9parking two cars plus center isle to be 60 feet instead of the required 62 feet. 2. A variance on Section 35 -701 to permit a 10 foot green strip on the Logan Avenue side of the lot instead of the required 15 feet. and the architectural plans are approved as submitted. Motion carried... Motion by Henry Dorff and seconded by john Leary to uphold the action of the Planning Commission and approve application #63062 as submitted by the Lutheran Church of the Master and grant permission to erect a Church bulletin board and identification sign 15 feet from the front property line. Motion carried, Motion by Howard Heck and seconded by Henry Dorff to hold a hearing on Special Assessments at the Village Hall on September 30, 1963, at 8:00 o'clock P. M. on the following improvement projects: Sanitary Sewer Lateral No. 1962 -8 AND Water Improvement Nos, 1963 -6 1963 -7 1963 -9 1963 -10 AND Storm Sewer Nos. 1962 -20 1962 -24 1962 -28 2-