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HomeMy WebLinkAbout08-08-22 CCP                               ! "#$    % & #  '  (# Commission Serving with Expired Terms 7/21/22 Financial Commission – Total of 7 seats (2 vacancies + 2 expired terms) Name Last Appointment Date Term Ending Date Teneshia Kragness 1/8/18 12/31/23 Taofeek Ishola 6/10/19 12/31/21* Emmanuel Kpaleh 6/9/20 12/31/23 Dean Van Der Werf 12/14/15 12/31/21* (*) Term expired Applications Received/date applied: Leonard Brown/6/20/22 Yolanda Hunter/1.11.21 Rose Keller/2.5.21 Christian Paese/6.29.21 Carmina Pratt/3.2.22 Kia Welsch/4.30.22 Resolution 99-110 Members' Term of Office: Members of the Commission shall be appointed by the Mayor with majority consent of the Council. The terms of office shall be staggered three-year terms, except that any person appointed to fill a vacancy occurring prior to the expiration of the term for which his or her predecessor was appointed shall be appointed only for the remainder of such term. Upon expiration of his or her term of office, a member shall continue to serve until his or her successor is appointed and shall have qualified. Terms of office for members of the Commission shall expire on December 31 of respective calendar years. In the event an appointed Commissioner suffers from an extended illness, disability, or other activity preventing proper fulfillment of duties, responsibilities, rules and regulations of the Commission, the Commissioner may be temporarily replaced by an interim Commissioner appointed by the Mayor with majority consent of the City Council. Housing Commission – Total of 7 seats (2 vacancies + 2 expired terms) Name Last Appointment Date Term Ending Date Paul Oman 3/12/18 12/31/18 * De’Ja Carter 3/8/21 12/31/23 Michael Donnelly 3/8/21 12/31/23 (*) Term expired and application on file for reappointment Applications Received: Moneak Curry/5.1.22 Jerry Gayflor/5.1.22 Paul Oman/11.23.20 Lovetee Polahn/5.4.22 Elizabeth Riel/12.19.19 Hashep Seka Nygard/5.1.22 Carmina Pratt/5.1.22 Nancy Seley/5.5.22 Kia Welsch/5.1.22 Florence Williams/7.20.22 Resolution 2006-47 Members' Term of Office: Members of the Commission shall be appointed by the Mayor with majority consent of the Council. The terms of office shall be staggered three-year terms, except that any person appointed to fill a vacancy occurring prior to the expiration of the term for which his or her predecessor was appointed shall be appointed only for the remainder of such term. Upon expiration of his or her term of office, a member shall continue to serve until his or her successor is appointed and shall have qualified. Terms of office for members of the Commission shall expire on December 31 of respective calendar years. In the event an appointed Commissioner suffers from an extended illness, disability, or other activity preventing proper fulfillment of duties, responsibilities, rules and regulations of the Commission, the Commissioner may be temporarily replaced during the temporary leave by an interim Commissioner appointed by the Mayor with majority consent of the City Council. Park & Recreation Commission – Total of 7 seats (1 vacancy + 3 expired terms) Name Last Appointment Term Endin Travis Bonovsky 1/1/17 12/31/19 * Gail Ebert 1/1/17 12/31/19 * Bud Sorenson 1/1/18 12/31/20 * Tanisha Lungelow 6/8/20 12/31/23 Paul Carey 9/27/21 12/31/22 Natalie Branch 3/8/21 12/31/24 (*) Term expired and application on file for reappointment Applications Received Travis Bonovsky/11.20.20 Gail Ebert/1.19.21 Jeffrey Noah/1.19.21 Haskep Seka-Nygaard/4.30.22 Bud Sorenson/10.1.20 Jennifer Umolac2/.10.21 Kia Welsch/5.1.22 Nyenuie Writhers/2.21.20 Joe Younglove/2.14.22 Resolution 98-13 Members' Term of Office: Members of the Commission shall be appointed by the Mayor with majority consent of the Council. The terms of office shall be staggered three-year terms, except that any person appointed to fill a vacancy occurring prior to the expiration of the term for which his or her predecessor was appointed shall be appointed only for the remainder of such term. Upon expiration of his or her term of office, a member shall continue to serve until his or her successor is appointed and shall have qualified. Terms of office for members of the Commission shall expire on December 31 of respective calendar years. In the event an appointed Commissioner suffers from an extended illness, disability, or other activity preventing proper fulfillment of duties, responsibilities, rules and regulations of the Commission, the Commissioner may be temporarily replaced during the temporary leave by an interim Commissioner appointed by the Mayor with majority consent of the City Council. Planning Commission – Total of 7 seats (1 vacancy + 3 expired terms) Name Last Appointment Term Ending Date Peter Omari 3/9/20 12/31/21* Kau Guannu 9/21/21 12/31/22 Alexander Koenig 1/1/18 12/31/21 Alfreda Daniels 6/8/20 12/31/22 Paris Dunn 5/10/21 12/31/21 Stephanie Jones 6/8/20 12/31/22 (*) Term expired and application on file for reappointment Applications Received: Randy Christensen/3.25.22 Peter Omari/1.14.22 Joanne Riel/12/16/19 Haskep Seka-Nygaard/4.30.22 Stephen Schonning/5.27.22 Kia Welsch/5.1.22 Resolution 95-82 Members' Term of Office: Members of the Commission shall be appointed by the Mayor with majority consent of the Council. The terms of office shall be staggered two-year terms, except that any person appointed to fill a vacancy occurring prior to the expiration of the term for which his or her predecessor was appointed shall be appointed only for the remainder of such term. Upon expiration of his or her term of office a member shall continue to serve until his or her successor is appointed and shall have qualified. Terms of office for members of the Commission shall expire on December 31 of respective calendar years. In the event an appointed Commissioner suffers from an extended illness, disability, or other activity preventing proper fulfillment of duties, responsibilities, rules and regulations of the Commission, the Commissioner may be temporarily replaced during the temporary leave by an interim Commissioner appointed by the Mayor with majority consent of the City Council. 2022 Attendance Planning Commission Sister City Commission – Total of 5 seats (No vacancies + 4 expired terms Name Last Appointment Term Ending Date Issa Mansaray 3/12/18 12/31/22 Fatu Magassouba 8/26/19 12/31/21 Jacob Saffert 3/12/18 12/31/19* Sheku Samba 3/18/18 12/31/18 Tashawna Williams 3/12/18 12/31/20* (*) Term expired and application on file for reappointment Applications Received: Amayanvbo Loveth/1.28.22 Moneak Curry/5.1.22 Jacob Saffert/2.14.22 Kia Welsch/5.1.22 Eramus Williams/1.28.22 Tashawna Williams/3.2.22 Resolution 2015-159 ARTICLE III. MEMBERSHIP. Section 1. The Commission shall consist of five (5) members who shall be appointed by the City Council upon recommendation of the Mayor. Section 2. The initial appointments to the Commission shall be for one, two, three, four, and five-year terms, and thereafter all appointments shall be for a term of five years or until a successor is qualified. Section 3. Vacancies shall be filled for the unexpired term in the same manner as the original appointment.             !"#$%&                       !   "#      $    $          $                     %                &            !                                '      $   $ $          '$        $ $(  '            '         $    !                                    ! 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"#! $ %& %'(    ) ("%*  ++,-             !  "#$#  "%  #     . /  (  (   0102  /3 -454 '4  ++,' /, '    $     $    $       !   +56 ""#$"   +5 "+  + 20*  5   %)+   21( (  7  %)+   21(  7  %)+   218)(  7  %)+   7/18/2022 Page 1 MINUTES OF THE PROCEEDINGS OF THE CITY COUNCIL/FINANCIAL COMMISSION OF THE CITY OF BROOKLYN CENTER IN THE COUNTY OF HENNEPIN AND STATE OF MINNESOTA JOINT WORK SESSION JULY 18, 2022 VIA ZOOM 1. CALL TO ORDER The Brooklyn Center City Council/Financial Commission Joint Work Session was called to order by Mayor Elliott at 6:33 p.m. 2. APPROVAL OF AGENDA There was a motion by Mayor Elliott and seconded by Councilmember Butler to approve the agenda. Motion passed unanimously. 3. OVERVIEW/INTRODUCTIONS Mayor Mike Elliott and Councilmembers Marquita Butler, April Graves, Kris Lawrence-Anderson and Dan Ryan were present. Also present was Financial Commission Chair Teneshia Kragness and Commissioner David Dwapu Not present were Financial Commissioners Taofeek Ishola, Emmanuel Kpaleh, Abate Terefe, and Dean Van Der Werf. Also present were City Manager Reggie Edwards, City Clerk/Interim Assistant City Manager Barb Suciu, Communications and Community Engagement Manager/Interim Assistant City Manager Angel Smith, Director of Finance and Fiscal Services Angela Holm, City Engineer Mike Albers, and Director of Public Works Elizabeth Heyman. 4. CAPITAL IMPROVEMENT PLAN 2023-2037 4a. CAPITAL IMPROVEMENT PLANS City Manager Reggie Edwards explained Andy Splinter served as the Interim Finance Director. There were two stand-out candidates throughout the hiring process, and two people were brought on. Angela Holm now serves as Director of Finance and Fiscal Services. Dr. Edwards pointed out capital improvements are the most expensive initiative of an entity. Therefore, it is important to address the topic early on. He summarized the item and invited Director of Public Works 7/18/2022 Page 2 Elizabeth Heyman to continue the Staff presentation. Director of Public Works Elizabeth Heyman stated a Capital Improvement Plan (CIP) is future intent of City capital projects over the next 15 years. It is developed by prioritizing a list of capital projects based on anticipated needs in the coming years. The initial focus is on the first three or four years. 2023 projects will be incorporated in the requested 2023 budget. Ms. Heyman stated the CIP includes public utilities, street improvements, park and trail improvements, and Capital Maintenance Building Program (CMBP). There are various funding sources such as utility fees, special assessments, franchise fees, Municipal Street Construction Aid, a portion of local government aid, liquor operations, and more. Ms. Heyman pointed out the high-level themes of CIP driving the decision making includes setting a plan for future park and CMBP improvements, continuing the ongoing investments in street and utility infrastructure, and coordinating CIP projects with the Opportunity Site. Ms. Heyman showed a slide highlighting some new projects. The Park Capital Planning Study is a new line item for 2023 with a total project cost of $300,000. The CMBP Evaluation Study is planned for 2023 with a total project cost of $150,000. Hazardous tree management and reforestation will be a ten-year plan starting in 2023 and would cost approximately $150,000 per year. Councilmember Lawrence-Anderson asked what the City is going to do to help homeowners with tree maintenance. Ms. Heyman stated it costs about $1,200 to remove a tree and grind the stump. Therefore, the line item may need to be increased to assist homeowners. Councilmember Lawrence-Anderson asked how many trees included in the hazardous tree management and reforestation are in the yards of residents. She noted the cost would likely be closer to $3000 to $5000. Ms. Heyman stated she can get another estimate for tree removal and look into how many trees are in the yards of residents. Dr. Edwards stated they need to start putting away some funds while they do planning and inventory to prepare to address the issues. Councilmember Lawrence-Anderson pointed out an assessment could be beneficial and provide options to the homeowner. Councilmember Ryan noted as the special assessments go on, it would be beneficial to establish a sort of tree trust where they set aside a modest amount of money that could be access by homeowners to pay for tree management. Commissioner Kragness stated as a homeowner, she got estimates for tree removals, and her estimates were around $2,000. Councilmember Lawrence-Anderson noted the City has more bargaining power than individuals. Mayor Elliott asked if the City does a bidding process to determine tree removal. Ms. Heyman stated it depends on how the contract is set up. 7/18/2022 Page 3 Commissioner Dwapu asked when a project becomes a capital project. Ms. Heyman stated it is usually something that is a capital generator and/or when the project costs more than $50,000. Dr. Edwards pointed out the tree management isn’t necessarily something that generates capital, but it is a known upcoming cost for the City. Ms. Heyman added there are a number of projected street improvements such as 50th Avenue, 51st Avenue, Knox Avenue, James Avenue, 54th Avenue, and Orchard Lane East. The first three years of the CIP includes Knox, James, and 54th Avenue area improvements in 2023, Orchard Lane East improvements in 202, 65th Avenue trunk storm sewer rehabilitation in 2024, Orchard Lane West area improvements in 2025, Humboldt Avenue reconstruction in 2025, 69th Avenue reconstruction in 2026, and the TH 252/66th Interchange and 70th Pedestrian Overpass in 2026. She noted there is about six percent considered for inflation. Mayor Elliott stated inflation is about three percent on average. City Engineer Mike Albers stated they have looked at the typical construction costs in the area monthly. They use the most recent assessments for estimates. The construction cost index has varied a lot over the past few years. They use the index to adjust the costs. It has been as low as 0 and as high as 5. The construction cost index doesn’t completely follow inflation numbers, but there are similar trends. He noted metal costs have increased significantly. Councilmember Ryan pointed out inflation varies greatly over time and it doesn’t make sense to look at average inflation over a long period of time. The best prediction is looking at the trends for the last year or so. Supply chain considerations would also point to a six percent consideration for inflation. Director of Finance and Fiscal Services Angela Holm noted the presentation is entirely projections and is based on the best information currently available. The estimates will be updated as time goes on. Ms. Holm explained the capital improvements fund policy includes a general fund transfer of audited year-end unassigned fund balance above 52 percent of next year’s general fund operating budget, liquor operations transfer of audited year-end liquor fund unrestricted cash balance then exceeds two months of next year’s operating budget and one year of budgeted capital improvement needs, local government aid received in the amount o $650,000 or half of the amount received by the City, whichever is greater, and other outside sources of revenues such as grant funds. Ms. Holm showed a bar graph of cash flow anal ysis for the capital improvements fund and the cash flow analysis of the MSA fund. Dr. Edwards noted 2022 has a healthy balance, and they will look to replenish their emergency fund. Commissioner Kragness asked if they were able to recognize the 52 percent transfer. Ms. Holm confirmed they recognized the 52 percent transfer, but she would have to look back at the documents from the audit for more information. 7/18/2022 Page 4 Councilmember Ryan asked if they should consider a point increase to the capital fund if the funds are available. Ms. Holm stated it would be prudent, but they are very early on in the process. Councilmember Ryan stated the negative cash fund balance is alarming. Ms. Holm agreed with him, but it is quite a ways out to project. Ms. Holm showed a table and a graph with information about the street reconstruction fund and the cash flow analysis. She then showed a graph of the special assessments fund cash flow analysis. Over time, the expenditures will increase over the cash balance, but there is time to plan for it. Dr. Edwards noted they will have upcoming conversations on franchise fees. Ms. Holm showed a table of the 2023 utility projects broken down by storm water, sanitary sewer, water, and streetlights. As for the CIP impact on utility funds, cash flows show the impact of the CIP plan on utility funds. Details will be further covered in the review of utility funds budgets and rates. Ms. Holm showed a graph of the cash flow analysis of the water fund over the next several years including the capital outlay, ending cash balance, and the minimum targeted balance. The minimum targeted balance is three months of operations, following year debt services and 10-year average internal funded capital. There is a bit of a dip in the ending cash balance in 2023, and that will be considered in the budget process. Ms. Holm showed a cash flow analysis graph of the sanitary sewer fund. The proposed expenditures are very low over time, but it is hard to predict what will happen with the sewer system. Councilmember Ryan asked if the City has been given a projection of upcoming fees for sewers. Ms. Holm stated she hasn’t come across the information. However, she will look for the information to share with the Council. Ms. Holm showed a graph of the cash flow analysis of the storm drainage fund. There is a currently high cash balance, and it starts to level out around 2028. Councilmember Lawrence-Anderson asked if the dips are based on today’s pricing or if inflation is included. Ms. Holm stated the projections are based on today’s price per gallon. Ms. Holm showed a table comparing the City’s utility rates to some surrounding cities. Brooklyn Center is very inexpensive for both 2022 and 2023 in comparison to cities with a similar size. The other city’s data is based on 2020 costs. Dr. Edwards pointed out the comparison cities were established by the Council well over ten years ago. The cities have been consistently used for comparisons over the years. The cities include White Bear Lake, Fridley, Roseville, Maplewood, Shoreview, Richfield, Golden Valley, Crystal, and New Hope. Councilmember Ryan noted the cities were selected based on the age of housing stock, population, and proximity to Minneapolis. 7/18/2022 Page 5 Commissioner Dwapu asked if it would be prudent to look at other cities. Dr. Edwards stated it would be beneficial to keep the same cities for a consistent comparison over time. The criteria in comparison to Brooklyn Center has also stayed very similar. Brooklyn Park, however has a similar population, but it is not similar in size or housing stock. Councilmember Ryan noted Brooklyn Park has several newer projects impacting their costs. Also, cities such as Golden Valley and Richfield have decided to buy water from Minneapolis. It has proven Brooklyn Center made a more cost-effective choice by using a different water source. Ms. Heyman agreed the age of the housing stock is very important in comparisons because the cities have to use similar amounts of money to keep up their buildings and residences. Mayor Elliott stated Commissioner Dwapu is asking if it would be worth reassessing the comparison cities. It may be worth considering. Councilmember Ryan stated the comparisons need to stay consistent for the comparisons to remain valid over time. Councilmember Lawrence-Anderson stated newer cities will have newer infrastructure such as newer pipes which would impact the costs. They could compare Brooklyn Center to newer cities for fun, but not for consistent rate comparisons. Commissioner Dwapu stated the water quality should also be considered because some apartments have poor water quality. Councilmember Graves pointed out they built a new water treatment facility a few years ago. Therefore, it is cleaner and healthier than in the past. There may be issues of buildup in pipes in certain buildings. Councilmember Ryan stated the Minnesota Department of Health tests the City’s water quarterly, and any serious concerns with the water would arise during those tests. Dr. Edwards stated he would get information about the poor water quality mentioned by Commissioner Dwapu and have a Staff go there. Mr. Albers noted the City owns the central pipes under the roadways, but individual homeowners are responsible for the pipes under one’s yard and house. A plumber can come in and clear out the private pipes if needed. Ms. Holm showed a slide depicting the street light fund’s cash flow analysis. There aren’t any long-term capital outlay projects, so the ending cash balance increases significantly over time. Ms. Holm explained anticipated bond issues based on capital investment needs include levy and assessments for street reconstruction and user fees would cover water, sanitary sewer, and storm sewer. She showed a slide with a table providing information about anticipated debt issues. Ms. Holm added, in summary, there would be $4.56 million in debt issuances over the next two years. The Neighborhood Construction Program is a driving factor. There is not currently a project in need of bonding in 2023. The slide also listed the projected property tax levy and the quarterly utility bills. 7/18/2022 Page 6 Commissioner Dwapu asked about the irrigation costs and the $220,000 item listed. Ms. Heyman stated the presentation is focused on new line items. Part of the infrastructure with the irrigation is no longer being supported by the vendor they use. They will have to upgrade some components to be able to speak to controllers in the field. The $220,000 is more of a continuation of the carpet and painting project in City Hall. They want to make sure they are continuing the investment across the rest of the City buildings. Councilmember Lawrence-Anderson stated she believes they don’t have enough street lights. She asked what type of lights they are using. Solar probably isn’t an option due to the cold weather. She asked what the policy is on lighting. Mr. Albers stated the policy includes lighting up intersections and mi-blocks when longer than 700 feet. They are in the process of converting lights to LED. Some lights are owned by Xcel Energy. Councilmember Lawrence-Anderson asked if the current policy is the best policy for the City. It may be something to consider in the future. Mayor Elliott asked if there is a map streetlights in the City. Mr. Albers stated they can create a map showing which ones they own and the ones Xcel Energy owns. They would need an updated map from Xcel. They could also put information about if the light is LED. Councilmember Lawrence-Anderson asked if Woodbine is the last major street reconstruction and if they are starting over. Mr. Albers stated some roads still need to be reconstructed, but they are mostly County roads. Councilmember Ryan stated the cash balance increases in the streetlight fund, and it might be helpful to use some of the funds for additional streetlights in the Opportunity Site. Ms. Holm agreed Staff is looking at the various CIP and seeing where projects can overlap. Commissioner Kragness asked how they are going to rebuild the emergency fund. Dr. Edwards stated rebuilding the emergency fund is separate from the capital projects. They will replenish it from excess in the budget. Mayor Elliott asked why some of the fund costs are lower. Mr. Albers stated as they have new projects, some costs are lower because they already did improvements there. For example, they don’t need new insulation because they already installed a certain kind the first time around. Councilmember Ryan asked if the capital emergency fund balance was able to be drawn from. Dr. Edwards confirmed the capital emergency fund balance was able to be drawn from. 5. INDIVIDUAL CAPITAL PROJECTS FUND 5a. INDIVIDUAL FUNDS 7/18/2022 Page 7 x Capital Improvement Fund x Municipal State Aid Fund x Street Reconstruction Fund x Special Assessment Fund x Overview of Utility Funds 6. ADJOURN There was a motion by Councilmember Graves and seconded by Councilmember Butler to adjourn the meeting. Motion passed unanimously. The Brooklyn Center City Council/Financial Commission adjourned at 7:59 p.m. STATE OF MINNESOTA) COUNTY OF HENNEPIN) ss. Certification of Minutes CITY OF BROOKLYN CENTER) The undersigned, being the duly qualified and appointed City Clerk of the City of Brooklyn Center, Minnesota, certifies: 1. Attached hereto is a full, true, and complete transcript of the minutes of a Joint City Council/Financial Commission of the City of Brooklyn Center held on July 18, 2022. 2. That said meeting was held according to due call and notice thereof and was duly held at Brooklyn Center City Hall. 3. That the City Council adopted said minutes at its August 8, 2022, Regular Session. City Clerk Mayor 7/25/22 -1- DRAFT MINUTES OF THE PROCEEDINGS OF THE CITY COUNCIL OF THE CITY OF BROOKLYN CENTER IN THE COUNTY OF HENNEPIN AND THE STATE OF MINNESOTA STUDY SESSION JULY 25, 2022 CITY HALL – COUNCIL CHAMBERS CALL TO ORDER The Brooklyn Center City Council met in a Study Session called to order by Mayor Mike Elliott at 6:06 p.m. ROLL CALL Mayor Mike Elliott and Councilmembers Marquita Butler, April Graves, Kris Lawrence- Anderson, and Dan Ryan. Also present were Community Development Director Meg McMahan and City Clerk Barb Suciu. CITY COUNCIL DISCUSSION OF AGENDA ITEMS AND QUESTIONS City Clerk Barb Suciu explained there were some differences between the printed agenda and the online agenda. Mayor Elliott asked why the items are being removed. Ms. Suciu stated Staff made a mistake with the item, and it was meant to be removed. Mayor Elliott asked why the item was meant to be removed. Ms. Suciu stated Staff discussed and decided it made more sense to bring the items up on another agenda. Mayor Elliott asked why. Ms. Suciu stated Dr. Edwards will likely not be able to speak to the items that evening, so it should be brought to the Council when he is present for the presentation. Mayor Elliott asked what the timeline is for the Planning Commission item. He noted he may not be present for the presentation. Community Development Director Meg McMahan stated the City is obligated to review the item within 60 days, and it was extended to 90 days. The applicants are present as well as the City Planner. Mayor Elliott asked if they would vote on the item that evening. Ms. McMahan stated she would check on the answer to the question. Councilmember Butler asked if the Novus Agenda is up-to-date. Ms. Suciu confirmed the correct agendas are online. MISCELLANEOUS COMMISSION APPOINTMENTS 7/25/22 -2- Mayor Elliott stated he has done a lot of committee work, so he hasn’t gotten the information to Staff to be included in the packet. They are still working on interviews. Ms. McMahan stated she found the information requested by Mayor Elliott. The application has already been extended twice, so they have to take action before September 21, 2022. There is also urgency on the applicant’s part because they want to break ground this year. Mayor Elliott stated he wants to be present for the discussion, so the item should be moved. Councilmember Lawrence-Anderson asked where the item would be moved to. Mayor Elliott stated he would not be present at the meeting. Ms. McMahan pointed out the Opportunity Site will be presented at the next meeting, so they don’t want to have two extensive presentations and discussions together. Mayor Elliott asked if the items could be pushed back. Ms. McMahan stated she would not recommend pushing either of the presentations back as the projects are already delayed. Mayor Elliott proposed a special meeting to hear the presentation. Ms. McMahan stated Staff would look for additional dates if requested by the Council. Councilmember Ryan stated if the item is important to Mayor Elliott, then he should change his schedule to be present for the scheduled presentation. Pushing back development could have negative consequences for the developer and the City. There will still be a quorum when Mayor Elliott leaves the meeting. Councilmember Lawrence-Anderson asked if the applicants were rescheduled from the last meeting because there wasn’t a quorum. Ms. McMahan confirmed the applicants were asked to move the presentation because only three Councilmembers were supposed to be at the last meeting. Mayor Elliott stated they could receive the presentation that evening and vote on the matter at the next meeting. Councilmember Lawrence-Anderson stated she would like to find a compromise while respecting the applicants. Councilmember Graves stated she agrees with Councilmember Lawrence-Anderson. Councilmember Ryan stated he believes they should vote on the matter that evening because they will still have a quorum after the presentation. Councilmember Lawrence-Anderson stated she would like to know the recommendations for the commission appointment before the meeting so the applicants could be reviewed before the meeting. She noted she requested to be part of the interview process, but she has not been invited. The commissions need to meet quorum. Councilmember Ryan agreed he would like to review the applications to make a more informed decision on the recommendations. He referred to the Council’s standing rules regarding Work Session procedures. He asked for the Council to confirm they would follow the rules to expedite 7/25/22 -3- the Work Session process. Mayor Elliott confirmed the Council is on the same page in terms of Work Session and Open Forum. Councilmember Ryan stated he would read the paragraph describing the Work Session procedures from page 103 of the City Council Manual. Mayor Elliott stated he would summarize the paragraph. He stated the public comment would be limited in time, be addressed to the presiding officer, and remain on topic up for discussion. Councilmember Ryan stated all questions and comments should be addressed to the presiding officer and not to anyone Councilmember or Staff person. DISCUSSION OF WORK SESSION AGENDA ITEMS AS TIME PERMITS IMPLEMENTATION COMMITTEE DISCUSSION Mayor Elliott explained it is the role of the Implementation Committee to work toward the initiatives presented in The Daunte Wright and Kobe Dimock-Heisler Community Safety and Violence Prevention Act to transform the community and public safety. He noted several instances of police violence. They are working to enact new policies to build trust and promote fairness. Mayor Elliott stated he has addressed issues in the meetings with City Staff in an attempt to heal the Implementation Committee. A facilitated conversation is needed to move forward constructively. Councilmember Ryan stated the discussion is not about the work of the Implementation Committee or the clear acts of police violence. Instead, it is about the conduct of the Implementation Committee Chair toward City Staff. The City Council should focus its efforts on a code of conduct. He noted his support of the City Manager’s withdrawal of City Staff from the Implementation Committee. A Staff member was treated with profound disrespect and bullying at the June 23 meeting by the Chair, and it was not in line with the values of the City. Councilmember Ryan added the Committee has failed to provide its primary charge which was to provide recommendations to the City Council. From the time the Act was passed, there was a deadline of 180 days, which was more than one year ago. The Mayor was not open to amending the 180 days. Mayor Elliott agreed the Act has a deadline of 180 days but also on an ongoing basis. He agreed they are working to provide recommendations soon. Additionally, Councilmembers did have the opportunity to provide feedback and changes to the Act, although it was a short period. Councilmember Butler noted it was time for Informal Open Forum. Councilmember Lawrence-Anderson added she has more comments for the discussion after the 7/25/22 -4- regular agenda. Mayor Elliott stated he would not be present at the time of the continued discussion. Councilmember Graves noted Mayor Elliott made ten minutes of introductory comments which did not allow for time for the other members of the Council to discuss. She stated she has put together several recommendations and was hoping to have a robust conversation with the Implementation Committee. Councilmember Graves apologized for her absence at the last meeting as she was too sick to attend. She added she looks forward to sharing her ideas with the Councilmembers that have chosen to be present for the entirety of the meeting. ADJOURN STUDY SESSION TO INFORMAL OPEN FORUM WITH CITY COUNCIL Councilmember Graves moved and Councilmember Ryan seconded to close the Study Session at 6:46 p.m. Motion passed unanimously. STATE OF MINNESOTA) COUNTY OF HENNEPIN) ss. Certification of Minutes CITY OF BROOKLYN CENTER) The undersigned, being the duly qualified and appointed City Clerk of the City of Brooklyn Center, Minnesota, certifies: 1. Attached hereto is a full, true, and complete transcript of the minutes of a Study Session of the City Council of the City of Brooklyn Center held on July 25, 2022. 2. That said meeting was held according to due call and notice thereof and was duly held at Brooklyn Center City Hall. 3. That the City Council adopted said minutes at its August 8, 2022, Regular Session. City Clerk Mayor 7/25/22 -1- DRAFT MINUTES OF THE PROCEEDINGS OF THE CITY COUNCIL OF THE CITY OF BROOKLYN CENTER IN THE COUNTY OF HENNEPIN AND THE STATE OF MINNESOTA REGULAR SESSION JULY 25, 2022 CITY HALL – COUNCIL CHAMBERS 1. INFORMAL OPEN FORUM WITH CITY COUNCIL CALL TO ORDER INFORMAL OPEN FORUM The Brooklyn Center City Council met in the Informal Open Forum called to order by Mayor Mike Elliott at 6:46 p.m. ROLL CALL Mayor Mike Elliott and Councilmembers Marquita Butler, April Graves, Kris Lawrence- Anderson, and Dan Ryan. Also present were Planner and Zoning Administrator Ginny McIntosh, City Clerk Barb Suciu, and City Attorney Jason Hill. Mayor Mike Elliott opened the meeting for Informal Open Forum. City Clerk Barb Suciu asked for the commenters to complete a blue form. Mayor Elliott stated people can fill out a blue form if they want. Laurie Ann M. noted her appreciation for following the rules of Open Forum. She stated it is the role of the Mayor to appoint Commissioners. Mayor Elliott stated he is the presiding officer. Laurie Ann M.stated it is not the rules of the Open Forum to allow the Mayor to speak during public comment. Mayor Elliott stated he could speak when he likes and asked her to keep her comments to less than two minutes. Loriann M. pointed out Mayor Elliott allowed people to speak for up to fifteen minutes in previous meetings. Mayor Elliott stated Laurie Ann M. is not allowed to address individuals during Public Form. Laurie Ann M. stated she has simply cited the duties and responsibilities of the Mayor. Mayor Elliott stated she could proceed with her comments. Laurie Ann M. stated the Mayor is a Councilmember with additional responsibilities such as leading the meetings and making appointments to commissions. There is not even a quorum on the Planning Commission, which violates State Statutes. Multiple times the Mayor has said he doesn’t have time to do appointments, but it is a responsibility of his role. Laurie Ann M. stated the Implementation Committee has done an excellent job in their work with two upcoming recommendations. She explained the public is aware of the Chair’s conduct during the June 23 meeting. Mayor Elliott told Laurie Ann M.her time was up. Laurie Ann M. noted there isn’t a recording from the June 16 meeting. She asked why that was. 7/25/22 -2- Mayor Elliott stated the Planning Commission is missing just one member. As for the recording of the Implementation Committee, there is no requirement for the meetings to be recorded. Amity D. explained she is one of the Chairs of the Implementation Committee Work Group. She stated politics are starting to play a role in the Implementation Committee and requested that the politics stop in the interest of saving lives. Amity D. stated as, during the incident on June 23, the Staff person continued trying to insert herself into the conversation. The Implementation Committee has asked for clarification on Staff’s role. Dr. Edwards has attempted to explain Staff’s role, but the Implementation Committee doesn’t understand it. Also, the title of the Staff person in question is not included in The Daunte Wright and Kobe Dimock-Heisler Community Safety and Violence Prevention Act. Mayor Elliott was trying to hear from the Implementation Committee members before Staff, and the Staff was the aggressive person in the matter. Kevin S. explained he is concerned about Dr. Edwards’ absence. He noted it is likely due to threats against him. Dr. Edwards was comfortable at recent events at the Earle Brown Heritage Center. Mayor Elliott stated Dr. Edwards is on vacation. Tanya J. stated the work of The Daunte Wright and Kobe Dimock-Heisler Community Safety and Violence Prevention Act is being stalled. Two mothers of those who have been murdered by Brooklyn Center Police Department officers are willing to work with law enforcement, but the Police Chief hasn’t responded to the Implementation Committee’s request to collaborate. Law enforcement needs to follow their policies, and the community needs to change. Julie B. noted part of the June 23 Implementation Committee incident was her fault. It was not clear to the members of the Implementation Committee that she was indeed part of the Committee. Ms. LaToya Turk, the Staff member they have been referring to, knew that she was in a position to speak, and it is likely the Chair knew about her role. She explained she believed Amity D. was the Chair of the meeting on June 23, but it was Mayor Elliott, which added to the confusion about who could speak. Julie B. added there was a lot of clarification regarding roles at the recent meeting. There has been frustration among the Committee in terms of clarity. It is disappointing for Ms. Turk to be attacked for doing her job, although it was not the most popular opinion in the room. Katie W. stated they are still talking about the rules and who is right for a Resolution that was passed over one year ago. People are not taking the issue seriously. The community members in the room along with Staff and Council are not doing their part. Katie W. explained the issue was blown out of proportion by the media. The interaction was uncomfortable, but it was not Mayor Elliott’s demeanor that made her uncomfortable. Instead, it was statements made by Ms. Turk. It is just a job for Ms. Turk, but the Committee members are volunteers and are there for their community. 7/25/22 -3- Katie W. added she is always willing to work with the City Manager and the Police Chief for progress. She explained it will be uncomfortable for Ms. Turk to return to the meetings. If they are eliminating her position, then they can work directly with the City Manager and Police Chief. Therefore, Ms. Turk would not have a role as a liaison. Eliza D. explained he works with various municipalities in the Twin Cities to support their interactions with the community. Sometimes it is the role of the government to step back and allow community voices to speak. There is a power differential between the perceived power of governmental entities and members of the public. The impulse is to defend and intervene, but it must be restrained to lift the community's voice. It is paramount to make the community comfortable and create accessible spaces. Tashira G. explained she knows Katie W. and Amity D. well. She has lost a loved one in Minnesota. They need to incorporate community voices, especially those who have been impacted by police violence. Lives have been lost due to law enforcement’s abuse of power. As for the incident with Ms. Turk, they need to make it right, because she too is human. They need to remember they are all human beings. Mayor Elliott moved and Councilmember Ryan seconded to close the Informal Open Forum at 6:15 p.m. Motion passed unanimously. 2. INVOCATION Councilmember Ryan quoted Martin Luther King Jr. and said, “I have a dream [we] will one day live in a nation where [people] will not be judged by the color of their skin but by the content of their character.” He requested a moment of silence. 3. CALL TO ORDER REGULAR BUSINESS MEETING The Brooklyn Center City Council met in a Regular Session called to order by Mayor Mike Elliott at 7:16 p.m. 4. ROLL CALL Mayor Mike Elliott and Councilmembers Marquita Butler, April Graves, Kris Lawrence- Anderson, and Dan Ryan. Also present were Planner and Zoning Administrator Ginny McIntosh, City Clerk Barb Suciu, and City Attorney Jason Hill. 5. PLEDGE OF ALLEGIANCE The Pledge of Allegiance was recited. 7/25/22 -4- 6. APPROVAL OF AGENDA AND CONSENT AGENDA Mayor Elliott summarized the conversation of agenda amendments as discussed in the Study Session. He stated it would be appropriate to move item Planning Commission Item 9a. Planning Commission Application No. 2022-004 for the Re-plat, Re-zoning, and Establishment of a Planned Unit Development, and Amendments to the Zoning Code and 2040 Comprehensive Plan to Allow for the Re-development of the Former Sears Site (1297 Shingle Creek Crossing) to become Presentations/Proclamations/Recognitions/Donations Item 7a. Planning Commission Application No. 2022-004 for the Re-plat, Re-zoning, and Establishment of a Planned Unit Development, and Amendments to the Zoning Code and 2040 Comprehensive Plan to Allow for the Re-development of the Former Sears Site (1297 Shingle Creek Crossing). Then the Council could hear the presentation, and the item would be voted on at a later meeting. City Attorney Jason Hill stated the item would need to be continued to the following meeting. Councilmember Graves asked if the motion could be made later on after the presentation is received. Mayor Elliott stated it could be done with the agenda. Mr. Hill recommended making the motion to move the vote to a later date during the agenda item itself. Mayor Elliott moved and Councilmember Graves seconded to approve the Agenda and Consent Agenda, as amended, and the following consent items were approved: 6a. APPROVAL OF MINUTES 1. July 11, 20212 – Study Session 2. July 11, 2022 – Regular Session 6b. LICENSES GARBAGE HAULER Walters Recycling & Refuse 2308 101st Ave NE Blaine MN 55449 Waste Management of MN Inc 10050 Naples St NE Blaine MN 55449 MECHANICAL GTVS HVAC, Inc 4018 Joyce Lane Brooklyn Center MN 55429 Kramer Mechanical Plumbing & Heating 7860 Fawn Lake Dr NE Stacy MN 55079 Riccar Heating & A/C 2387 Station Parkway Andover MN 55304 7/25/22 -5- Royalton Heating & A/C 4120 85th Ave N Brooklyn Park MN 55443 Wencl Services 8148 Pillsbury Ave S Bloomington MN 55420 RENTAL INITIAL (TYPE IV – six-month license) 3301 Lawrence Road Sayndee Sando 3806 57th Avenue North Josephine Mentoe-Biah INITIAL (TYPE III – one-year license) 7230 Girard Avenue North QZ Funding LLC INITIAL (TYPE II – two-year license) 5300 Queen Avenue North Fozia Abasham INITIAL (TYPE I – three-year license) 5317 Irving Avenue North MN Equitable HSN Buyer 1 LLC 6407 Scott Avenue North SFR Acquisitions 3 LLC 7212 Emerson Avenue North SFR Acquisitions 3 LLC RENEWAL (TYPE IV – six-month license) 833 57th Avenue North Bruce A Goldberg 5133 France Avenue North Resi Sfr Sub LLC 5333 Dupont Avenue North Fyr Sfr Sub LLC 5712 Logan Avenue North Penrod, LLC | Ali Mir RENEWAL (TYPE III – one-year license) 6221 Shingle Creek Parkway The Crest Apartments LLC 2701 O’Henry Road From Mat to Life, LLC RENEWAL (TYPE II – two-year license) 5245 Drew Avenue North Sassy Home LLC 1706 Amy Lane 1706 Amy Ln N, LLC 5300 France Avenue North Ih3 Property Minnesota Lp 7/25/22 -6- 5600 Judy Lane B D Morlock & N D Morlock RENEWAL (TYPE I – three-year license) 1335 67th Lane North D J Dane & S L Dane 1401 72nd Avenue North Chad Tesmer 6c. RESOLUTION NO. 2022-69; ESTABLISHING IMPROVEMENT PROJECT NO. 2023-01, KNOX, JAMES AND 54TH AVENUES AREA IMPROVEMENTS 6d. RESOLUTION NO. 2022-70; ESTABLISHING IMPROVEMENT PROJECT NO. 2023-02, 50TH AVENUE IMPROVEMENTS (FRANCE AVE TO DREW AVE) 6e. RESOLUTION NO. 2022-71; ESTABLISHING IMPROVEMENT PROJECT NO. 2023-03, 51ST AVENUE IMPROVEMENTS (TWIN LAKE BLVD TO FRANCE AVENUE) 6f. AN INTERIM ORDINANCE NO. 2022-02; AUTHORIZING A STUDY AND IMPOSING A MORATORIUM ON THE ESTABLISHMENT OF NEW USES OF THE EXPANSION OF EXISTING USES RELATED TO THE SALE OF THC PRODUCTS (FIRST READING) Motion passed unanimously. 7. PRESENTATIONS/PROCLAMATIONS/RECOGNITIONS/DONATIONS 9a. PLANNING COMMISSION APPLICATION NO. 2022-004 FOR THE RE- PLAT, RE-ZONING, AND ESTABLISHMENT OF A PLANNED UNIT DEVELOPMENT, AND AMENDMENTS TO THE ZONING CODE AND 2040 COMPREHENSIVE PLAN TO ALLOW FOR THE RE- DEVELOPMENT OF THE FORMER SEARS SITE (1297 SHINGLE CREEK CROSSING) City Planner and Zoning Administrator Ginny McIntosh provided an overview of Planning Commission Application No. 2022-004. She explained Scannell Properties, Inc. on behalf of Transformco is requesting a review and consideration of a proposal that would allow for the re- plat and subsequent re-development of the former Sears site, which encompasses a two-story Sears department store and Sears Auto Center on approximately 15 acres at 1297 Shingle Creek Crossing. The aforementioned businesses closed in 2018 and have remained vacant since. As proposed, the redevelopment would result in the construction of two business park-type buildings, of approximately 120,000 square feet and 110,000 square feet, respectively, and related site improvements. 7/25/22 -7- Mayor Elliott left the meeting at 7:24 p.m. Ms. McIntosh stated due to the nature of the request, approval of a preliminary and final plat, site, and building plan, re-zoning, and establishment of what would be a new Planned Unit Development (PUD) is required. An amendment to the Zoning Code is also necessary to remove the Subject Property from the Central Commerce Overlay District, in addition to a comprehensive plan amendment to accommodate a future land use re-designation. Ms. McIntosh pointed out there have been some issues with the building such as a leak and other matters that required ongoing attention from City Staff and law enforcement to do regular sweeps of the building. Ms. McIntosh noted in May and November 2021, concept reviews were held by the City Council to discuss the proposal to re-develop the Subject Property with a speculative light-industrial and office use. During the May concept review, City Council provided feedback on the initial concept plan, which included requests to provide a greater mix of uses, a site layout, and design that adds value to the adjacent Shingle Creek Crossing shopping center, and an overall high finish level on the buildings, with four-sided architecture, and a focus on enhancing the Highway 100 frontage. Ms. McIntosh stated follow-up with Council was requested by the Applicant in November 2021 to further discuss their proposal, a revised concept plan, how they might better align with City goals, and receive direction from Council on whether to proceed with a formal submittal or not. City staff also requested Julie Kimble of KimbleCo to participate in a discussion on behalf of the City to ensure a collective understanding of the City’s goals as well as current market realities in the Twin Cities and constraints on the Subject Property. Ms. McIntosh stated before the submittal of this application, the Applicant held a virtual community meeting to discuss the proposed redevelopment of the Subject Property, and a market analysis was undertaken to determine the demand for use in the Twin Cities market. The Applicant also submitted preliminary plan sets to City staff for review and refinement between February and May 2022. Ms. McIntosh noted the Planning Commission held a public hearing for the aforementioned application at their meeting on June 23, 2022, and the Commissioners entered into a lengthy discussion on the proposal. The Applicant was present at the meeting and fielded questions from the Commissioners regarding the speculative use, potential tenants and uses, the outlined conditions of approval and restrictions surrounding outside storage and display, distribution centers, and a maximum proposed 80-percent industrial use and minimum 20-percent non- warehouse use. Further discussions were held regarding overall site circulation, potential truck traffic, and completion of an existing trail gap along Highway 100. No public comments were provided in advance of or during the meeting. Ms. McIntosh explained the Applicant noted at the June 23, 2022, Planning Commission meeting that the 80-20 mix use restriction was fairly uncommon in this type of product and indicated that it would force the Applicant to attract users that have lower truck volumes, and reiterated their 7/25/22 -8- interactions with City staff in concentrating truck traffic to the south access road fronting along Highway 100, and running behind Walmart (1200 Shingle Creek Crossing), and away from the shared north access between the Subject Property and Shingle Creek Crossing. The Applicant provided context to the Commissioners surrounding the continued interest in retail/restaurants, and a market study the Applicant commissioned to determine the highest and best use. The Applicant also provided example users for this type of product and other example developments in the Twin Cities metro. Ms. McIntosh added following the close of the public hearing, the Planning Commission elected to recommend (3-1) City Council approval of the requested preliminary and final plat, site, and building plan, an amendment to remove the Subject Property from the Central Commerce Overlay District, re-zoning and establishment of a Planned Unit Development, and a recommended amendment to the City’s 2040 Comprehensive Plan to re-designate the Subject Property from Transit-Oriented Development (TOD) to Business Mixed-Use (B-MU). This item was originally scheduled for review at the July 11, 2022, City Council meeting, but was tabled to the July 25, 2022 meeting. Ms. McIntosh pointed out as the request by the Applicant includes a request to re-zone the Subject Property from a PUD/C2 (Planned Unit Development/Commerce) District to a PUD/MX-B (Planned Unit Development/Business Mixed-Use) District, City Code dictates that the City's Zoning Code be amended to reflect the re-zoning. A draft copy of the ordinance language is available to the Council for review. Should the City Council proceed with the re-zoning, a motion to approve the first reading of an ordinance amending Chapter 35 of the Zoning Code of Ordinances regarding the Subject Property located at 1297 Shingle Creek Crossing would be required. Following the motion, a second reading and public hearing would be scheduled for August 22, 2022. The request for a Comprehensive Plan Amendment will require a separate submittal to the Metropolitan Council for review and any final approval; however, a recommendation from the local planning body and local governing body authorization is required to proceed with a submittal. Ms. McIntosh noted there are currently no trash facilities proposed, and the appropriate class of materials is met. At one point, Staff requested more detailed architecture and glazing. The Applicant made revisions to the entry plans. Clearance height was also discussed as it may limit future users. The landscaping plans are appropriate, and there are no signing requests at the time. Ms. McIntosh added the City Engineer reviewed the plans. For the plans to move forward, it would be required to submit to certain agreements. Hennepin County, MnDOT, and the watershed district have reviewed the plans. Mayor Pro Tem Butler asked why there was one vote against the item during the Planning Commission review. Ms. McIntosh stated there were some desires for sit-down restaurants, but no specific reason was given. There was also a discussion about the amount of asbestos that would need to be removed. Mayor Pro Tem Butler asked if pushing back the vote would impact the review by the Watershed 7/25/22 -9- Commission. Ms. McIntosh stated they would not impact their review. Mayor Pro Tem Butler thanked Ms. McIntosh for her work and presentation. Councilmember Ryan asked if it would be out of order for the Council to accept the presentation. City Attorney Jason Hill explained although it was moved to the presentations portion of the meeting, the listed item still includes actions that were to be taken. He recommended they accept and table the item. Councilmember Graves noted she had the same question as Mayor Pro Tem Butler regarding the vote against a Planning Commission Commissioner. She asked if the property is owned by the City. Ms. McIntosh confirmed the property is privately owned. Councilmember Graves stated the issue is not complicated. She expects they will have more than enough consensus to approve the item, whether or not it is continued to another meeting. Councilmember Lawrence-Anderson stated she is very grateful for the modifications to the project in response to feedback from the Council. The recent budget meeting included discussions about LED lighting. She asked if the light sources are identified in the proposed project. Ms. McIntosh pointed out there was a photometric plan submitted, and LED is the typical standard. She added they will still have to comply with candlelight requirements. Councilmember Lawrence-Anderson asked if it is the first time the Crime Prevention Through Environmental Design (CPTED) was used. Ms. McIntosh stated law enforcement usually handles that portion, but Staff has now attended the training and made CPTED a priority. Councilmember Lawrence-Anderson noted she would like further discussions with the developer regarding cameras. Councilmember Lawrence-Anderson added she would like the City to incorporate concepts that support monarchs and other endangered species in the design process. Ms. McIntosh stated the project includes requests for native planting. Since the proposed project is deficient, there is an opportunity for additional native planting. Councilmember Ryan thanked his fellow Councilmembers for their interest in the project and Staff for their work. There is not a need to further extend the vote because one member of the Council requested it but is at something he determined was more important. Councilmember Ryan explained he supports the project, and he doesn’t support tabling the matter. Councilmember Graves noted her agreement with Councilmember Ryan. However, there was an understanding before Mayor Elliott left to continue the matter. She added they should allow the Applicant an opportunity to speak on the project. Dan Salzer, Scannell Properties, pointed out Staff has been excellent to work with. They have tried to find the highest and best use of the site, and they look forward to moving the project along. He added he understands tabling the matter, but he would like to get started on breaking ground. Councilmember Lawrence-Anderson asked what the timeframe is to break ground and begin 7/25/22 -10- construction. Mr. Salzer explained in an ideal world, they would demolish the building this year and build up the following year. It should be about an eight-month completion timeline and about one year to lease it up. Councilmember Graves moved and Mayor Pro Tem Butler seconded to accept the presentation Planning Commission Application No. 2022-004 for the Re-plat, Re-zoning, and Establishment of a Planned Unit Development, and Amendments to the Zoning Code and 2040 Comprehensive Plan to Allow for the Re-development of the Former Sears Site (1297 Shingle Creek Crossing). Motion passed unanimously. Councilmember Lawrence-Anderson stated she was very insistent at the previous meeting that they wait for the entire body to be present. Councilmember Lawrence-Anderson moved and Mayor Pro Tem Butler seconded to table the item Planning Commission Application No. 2022-004 for the Re-plat, Re-zoning, and Establishment of a Planned Unit Development, and Amendments to the Zoning Code and 2040 Comprehensive Plan to Allow for the Re-development of the Former Sears Site (1297 Shingle Creek Crossing) until the following meeting. Motion passed unanimously 8. PUBLIC HEARINGS None. 9. PLANNING COMMISSION ITEMS None. 10. COUNCIL CONSIDERATION ITEMS 10a. AN EMERGENCY ORDINANCE NO. 2022-03; AUTHORIZING A STUDY AND IMPOSING A MORATORIUM ON THE ESTABLISHMENT OF NEW USES OR THE EXPANSION OF EXISTING USES RELATED TO THE SALE OF PRODUCTS AND ITS SUMMARY RESOLUTION Mr. Hill explained the Ordinance is an interim Ordinance regarding the sale of THC products. As of July 1, 2022, the sale of certain cannabinoids became legal and left it to the cities to handle the licensing or other restrictions. The change impacts employment issues. The Emergency Ordinance would put a moratorium on the sale of THC to complete a study. The Ordinance is meant to cover the first 60 days, and then there will be a subsequent Ordinance with public hearings and whatnot at that time. Mr. Hill noted many cities are going down the same route to sort out issues of zoning, licensing, and other matters related to the law change. 7/25/22 -11- Councilmember Lawrence-Anderson stated THC elements are not for smoking. She asked if the Association for Nonsmokers of Minnesota has given an opinion on the matter. It would be something important for Staff to consider in their research as their work has been helpful to the City in the past. Councilmember Ryan asked if they would regulate sales based on zoning, but it wouldn’t contradict State law. Mr. Hill confirmed he was correct. He noted there isn’t a lot of guidance in the Statute for barriers, and he anticipates changes to the Statute in the next session. The total moratorium would be a year, including the 60 days in the proposed Ordinance. The League of Minnesota Cities and other groups are working on the matter, and it may take less than one year to determine what Brooklyn Center will do. Councilmember Graves added the new law is an opportunity for the City to support small businesses and entrepreneurs while also potentially funding City services, similar to the liquor stores. Councilmember Butler thanked Councilmember Graves for her perspective. Councilmember Ryan stated he would like to see the topic thoroughly studied. The sale should be properly regulated in the public interest. Councilmember Lawrence-Anderson asked if the sale of THC products would not be allowed in the City for 60 days. Mr. Hill confirmed that is the purpose of the Ordinance. Councilmember Graves moved and Councilmember Ryan seconded to adopt an emergency ordinance and approve a summary resolution. Motion passed unanimously. 11. COUNCIL REPORT Councilmember Graves reported on her attendance at the following and provided information on the following upcoming events: She and several other City Staff participated in Emerging Brooklyn Center. Many community leaders and youth also participated, and the diversity of the participants reflected the City. She read some words she and another person had written regarding their experiences. It was the beginning of an 18-month journey, and there was a video created. She added there have been considerations about the Council being involved, so she has tried to stay in the background. Councilmember Lawrence-Anderson reported on her attendance at the following and provided information on the following upcoming events: She stated she was present at Emerging Brooklyn Center for parts of it, and it was mentally exhausting yet exciting work. It is designed to stretch one’s thinking. 12. ADJOURNMENT 7/25/22 -12- Mayor Pro Tem Butler moved and Councilmember Graves seconded the adjournment of the City Council meeting at 8:18 p.m. Motion passed unanimously. STATE OF MINNESOTA) COUNTY OF HENNEPIN) ss. Certification of Minutes CITY OF BROOKLYN CENTER) The undersigned, being the duly qualified and appointed City Clerk of the City of Brooklyn Center, Minnesota, certifies: 1. Attached hereto is a full, true, and complete transcript of the minutes of a Regular Session of the City Council of the City of Brooklyn Center held on July 25, 2022. 2. That said meeting was held according to due call and notice thereof and was duly held at Brooklyn Center City Hall. 3. That the City Council adopted said minutes at its August 8, 2022, Regular Session. Barbara Suciu, City Clerk Mike Elliott, Mayor 7/25/22 -1- DRAFT MINUTES OF THE PROCEEDINGS OF THE CITY COUNCIL/ECONOMIC DEVELOPMENT AUTHORITY OF THE CITY OF BROOKLYN CENTER IN THE COUNTY OF HENNEPIN AND THE STATE OF MINNESOTA WORK SESSION JULY 25 2022 CITY HALL – COUNCIL CHAMBERS CALL TO ORDER The Brooklyn Center City Council/Economic Development Authority (EDA) met in Work Session called to order by Mayor Pro Tem/President Pro Tem Marquita Butler at 8:20 p.m. ROLL CALL Mayor Pro Tem/President Pro Tem Marquita Butler and Councilmembers/Commissioners April Graves, Kris Lawrence-Anderson, and Dan Ryan. Also present were City Manager Reggie Edwards, and City Clerk Barb Suciu. Mayor/President Mike Elliott was absent. IMPLEMENTATION COMMITTEE DISCUSSION (CONT.) Mayor Pro Tem/President Pro Tem Butler asked what the objective of the conversation is. City Clerk Barb Suciu stated Staff was looking for discussion from the Council and the public related to the Implementation Committee. It is the decision of the Council if it should be brought back on a future agenda or any other action items. Mayor Pro Tem/President Pro Tem Butler stated a structure needs to be implemented that creates clear roles and expectations for the members and the public to be aware of. It is not conducive of the Council’s time to determine all of those structures as it would take a long time to flesh out. She noted she sent an email to Dr. Edwards at the beginning of the process suggesting to engage their consultants to run a smoother meeting. Councilmember/Commissioner Graves noted her agreement with Mayor Pro Tem/President Pro Tem Butler. She explained the Implementation Committee was not discussed by the Council or Staff as the Resolution clearly gave the power to the Mayor to oversee its efforts. The way Ms. Turk was treated was wrong. The Implementation Committee has seemed divided from the efforts of the City. Councilmember/Commissioner Graves has discussed concerns with Law Enforcement Action Partnership (LEAP) about how to transition ideas from the Implementation Committee to City Staff. It was an attempt to bridge the gap with Ms. Turk’s role. She added she wasn’t sure if she was welcome at the Implementation Committee until she showed up. 7/25/22 -2- DRAFT Councilmember/Commissioner Graves added it would be important to have more black and brown voices as white voices may have taken up too much space so far in the process. Addressing white privilege is acknowledging it exists. There need to be active efforts to address that privilege. Additionally, women of color need to be heard when they point things out. Furthermore, people need to assess why they may feel offended in the process. Councilmember/Commissioner Graves stated the community needs to work together despite their differences. She noted her appreciation of the comments made by members of the public during Open Forum. Councilmember/Commissioner Graves stated they need to decide what type of advisory committee is needed. The Implementation Committee was set up to address the unarmed traffic and moving violations response and the community response model. They need to focus on that charge. She stated she is anxious to see some recommendations come forward. Discussion of another policy change is not helpful at the time. They can create a long-term advisory committee to handle additional policy considerations. Councilmember/Commissioner Graves pointed out there needs to be more equitable access and input from the public. They need to determine if other components are needed for the Committee such as listening sessions, surveys, a social media campaign, or civilian oversight. There also needs to be a code of conduct and bylaws. The City Attorney drafted bylaws for the Implementation Committee, but they were never adopted. The members also need the technical information they need, but it is missing operational support from Staff. The Staff don’t feel comfortable in the space. Councilmember/Commissioner Graves stated there needs to be diversity in membership on multiple dimensions. It needs to represent different skills, perspectives, cultures, and life experiences. They have a lot of opportunity, but they need to work together for a solution rather than relying on one person. Councilmember/Commissioner Ryan asked if Mayor Pro Tem/President Pro Tem Butler was referring to Common Sense Consulting. Mayor Pro Tem/President Pro Tem Butler confirmed she was. Councilmember/Commissioner Ryan agreed with her recommendation. Councilmember/Commissioner Ryan noted his agreement with the ideas shared by Councilmember/Commissioner Graves. Both sets of recommendations should be brought to the City Manager and have him create a code of conduct. The June 23 meeting was handled with error. Councilmember/Commissioner Lawrence-Anderson stated she likes process and for people to know their roles and responsibilities. There has been a lack of clarity of roles within the Committee. There was a breakdown in communication, as seen by the public comment. There needs to be clear expectations. 7/25/22 -3- DRAFT Councilmember/Commissioner Lawrence-Anderson agreed with the recommendations shared by Councilmember/Commissioner Graves and Mayor Pro Tem/President Pro Tem Butler. There needs to be more overlap between Staff and the Implementation Committee to properly implement the ideas. The Implementation Committee is doing great work, but they are siloed. The Council needs to own that they didn’t set enough parameters and guidelines in place before the Committee began. Councilmember/Commissioner Lawrence-Anderson noted there has been a previous suggestion for a third-party community member to serve as co-chair along with Mayor Elliott. She supports the idea and added the person should be unbiased and not elected. Councilmember/Commissioner Ryan said if someone violates a code of conduct, there should be a red line with consequences, whether it is a chair or community member. Mayor Pro Tem/President Pro Tem Butler added there needs to be urgency around getting the work done. It has been a year and a half, and the Council hasn’t received any recommendations. The Implementation Committee meet quite often. She noted her agreement with the suggestions shared by Councilmember/Commissioner Graves. Councilmember/Commissioner Graves pointed out her suggestions are not the final answer. She agreed consultants would be a great idea. Whatever is drafted for a code of conduct should include the members of the Implementation Committee and continue to center their voices throughout the process. Ms. Suciu noted there was a community member who wanted to speak. Mayor Pro Tem/President Pro Tem Butler stated there is not usually public comment during Work Session, but she would leave it up to the Council to decide. Councilmember/Commissioner Ryan stated once the Council has come to a consensus, public comments are in order. Lori B., member of the Implementation Committee, pointed out it is the first time she has felt unanimous support from the City Council. At times, she has felt that the Committee has been set up for failure. She added the Committee is mindful of the urgency of the matter as her own children are at stake. The Committee was close to presenting a recommendation to Council, but the incident from June 23 has slowed down the process. The Policy Work Group has recommendations to present. Lori B. noted she appreciates the suggestions made by Councilmember/Commissioner Graves and would like a copy of her recommendations. She added it would be helpful for Councilmember/Commissioner Graves to attend some Implementation Committee meetings to provide input and support. Councilmember/Commissioner Lawrence-Anderson asked if the Council is asking Staff to rescind the memo that was submitted limiting the Staff support of the Implementation 7/25/22 -4- DRAFT Committee. She noted the next step in the healing process would be to expedite a meeting between the Implementation Committee, the City Manager, the Police Chief, Ms. Turk, and any available Councilmembers. Then they can continue the work that needs to be done. Councilmember/Commissioner Graves stated she would defer to the people doing the work to see if they are prepared or interested in such a resolution process. Rather than imposing or rescinding anything, she would defer to the Implementation Committee if they are ready to move forward in that way or if they would prefer to have more structure in place first. Councilmember/Commissioner Lawrence-Anderson noted she did not want to mandate a resolution meeting, but she would hope they could set up the meeting when all parties are ready. Councilmember/Commissioner Ryan stated his issues is not with the Committee but the conduct of the Chair. There needs to be strong incentives for the Chair to change. He doesn’t want to cause undue delay in the work, but he would like there to be guidelines and consequences in place to ensure community members and Staff are treated properly. Julie B., Implementation Committee member, thanked Councilmember/Commissioner Lawrence-Anderson for her comments as she too feels like the Committee was set up to fail. Considering the work and the time they have all given to the process, it is frustrating to be stalled. The Implementation Committee wants to move forward as quickly as they can. Julie B. added the entity that caused the harm needs to address what happened. The lack of clarity around people’s roles lent to the situation, and it is unfair for the Committee to figure out their responsibilities. The members of the Implementation Committee have received hostility and criticism, but their only goal is to create a safer City and prevent any more tragedies. The Committee has continued to meet without LEAP and Staff support. Councilmember/Commissioner Graves pointed out she didn’t pay much attention to local government until she joined the City Council. She agreed government moves slowly and can move faster. Sometimes, it does need to be slow and deliberative. Councilmember/Commissioner Graves explained the pace is what the reluctance was around the Resolution in the first place. It was given to them on a Friday and were asked to vote on it during a Saturday press conference. It was pushed back to another date, but there wasn’t much time for discussion. She stated she was concerned about the set-up of the Implementation Committee from the beginning. Joylenna G., Implementation Committee member, pointed out they do have Staff at the meetings. Margretta Getaweh and Amina Dedefo are doing great work and are representing people of color. ADJOURNMENT 7/25/22 -5- DRAFT Mayor Pro Tem/President Pro Tem Butler moved and Councilmember/Commissioner Ryan seconded adjournment of the City Council/Economic Development Authority Work Session at 8:59 p.m. Motion passed unanimously.                   ! "#! $ %&  '%  (   ) *"%+  ((,-.                 /- 0 (/,(( -   /0 (/ -1 /2 3 - /   , (4,  03 5(((   (( 4 ( ((-((  -    3(  / /( 6 - /  -   33  0 /((  /5/  (           #$!47 .. %8 930  :;6%0)  $;;< !47   =6<<:"0) $ % $;;::> 9-4!47 6?? #, , ($;;6 > *@930 6: << 33,$ * < A 9 .)$;;<?     !"#      =  0)#-  *( 306?    $  $% &    '&(&)  #  (    *   (4' +&,#  (4 "(  (      <6A 6 %)(    .   6  %)(   Page 2 of 2 b. Police Service Calls. Police call rates will be based on the average number of valid police calls per unit per year. Police incidences for purposes of determining licensing categories shall include disorderly activities and nuisances as defined in Section 12-911, and events categorized as Part I crimes in the Uniform Crime Reporting System including homicide, rape, robbery, aggravated assault, burglary, theft, auto theft and arson. Calls will not be counted for purposes of determining licensing categories where the victim and suspect are “Family or household members” as defined in the Domestic Abuse Act, Minnesota Statutes, Section 518B.01, Subd. 2 (b) and where there is a report of “Domestic Abuse” as defined in the Domestic Abuse Act, Minnesota Statutes, Section 518B.01, Subd. 2 (a). License Category Number of Units Validated Calls for Disorderly Conduct Service & Part I Crimes (Calls Per Unit/Year) No Category Impact 1-2 0-1 3-4 units 0-0.25 5 or more units 0-0.35 Decrease 1 Category 1-2 Greater than 1 but not more than 3 3-4 units Greater than 0.25 but not more than 1 5 or more units Greater than 0.35 but not more than 0.50 Decrease 2 Categories 1-2 Greater than 3 3-4 units Greater than 1 5 or more units Greater than 0.50 Property Code and Nuisance Violations Criteria License Category (Based on Property Code Only) Number of Units Property Code Violations per Inspected Unit Type I – 3 Year 1-2 units 0-2 3+ units 0-0.75 Type II – 2 Year 1-2 units Greater than 2 but not more than 5 3+ units Greater than 0.75 but not more than 1.5 Type III – 1 Year 1-2 units Greater than 5 but not more than 9 3+ units Greater than 1.5 but not more than 3 Type IV – 6 Months 1-2 units Greater than 9 3+ units Greater than 3 Lo c a t i o n A d d r e s s L i c e n s e S u b t y p e R e n e w a l / I n i t i a l O w n e r Pr o p e r t y Co d e Vi o l a t i o n s Li c e n s e Ty p e P o l i c e C F S * Fi n a l Li c e n s e Ty p e * * Pr e v i o u s Li c e n s e Ty p e * * * 39 0 0 5 1 s t A v e N S i n g l e I n i t i a l Ca l l a w a y H e l b r a u n F a m R e v T r Da v i d H e l b r a u n Ri c h a r d B o o n e C a l l a w a y 6 Ty p e I I I T y p e I I I N / A 39 0 6 J a n e t L a S i n g l e I n i t i a l L a t e e f O l a y i w o l a A d e l e k e 12 Ty p e I V T y p e I V N / A 57 1 5 K n o x A v e N S i n g l e I n i t i a l A S P R O P E R T I E S L L C 9 Ty p e I I I T y p e I I I N / A 59 3 7 Y o r k A v e N S i n g l e I n i t i a l K e y L i m e R e a l t y , L L C 27 T y p e I V T y p e I V N / A 68 1 2 A l d r i c h A v e N S i n g l e I n i t i a l Ig o r K o m i s a r c h i k E t A l Ig o r K o m i s a r c h i k Ka r y n a K o m i s a r c h i k 2 Ty p e I T y p e I I I N / A 72 3 0 L e e A v e N S i n g l e I n i t i a l S F R A c q u i s i t i o n s 3 , L L C 2 Ty p e I T y p e I I I N / A 61 0 1 B e a r d A v e N Mu l t i p l e F a m i l y 1 B l d g 2 4 U n i t s R e n e w a l 69 3 9 B a i r d L L C B& N W a l l m a n T r u s t 81 = 3 . 3 8 p e r un i t T y p e I V N / A T y p e I V T y p e I I I 67 4 0 G r i m e s P l Mu l t i p l e F a m i l y 8 B l d g s 4 8 U n i t s R e n e w a l Vi c t o r i a T o w n h o u s e s 1 Di d n o t m e e t r e q u i r e m e n t s 73 = 1 . 5 2 p e r un i t T y p e I I I 8/ 3 0 / 2 0 2 1 A g g r a v a t e d A s s a u l t 68 2 1 G r i m e s P l 5/ 2 1 / 2 2 A g g r a v a t e d A s s a u l t 67 5 2 G r i m e s P l T y p e I V T y p e I V 47 0 0 L a k e v i e w A v e N T w o F a m i l y R e n e w a l N a n c y G D a h l q u i s t 6 Ty p e I I I N / A T y p e I I I T y p e I 52 3 5 - 3 7 D r e w A v e N T w o F a m i l y R e n e w a l J a y N e l s o n B a t t e n b e r g 1 Ty p e I N / A T y p e I T y p e I 53 0 4 V i n c e n t A v e N T w o F a m i l y R e n e w a l Lo u Y a n g & P a o G V a n g Di d n o t m e e t r e q u i r e m e n t s 0 Ty p e I N / A T y p e I I I T y p e I I I 53 3 6 R u s s e l l A v e N T w o F a m i l y R e n e w a l C h r i s t o p h e r M . B e r n a r d 1 Ty p e I N / A T y p e I T y p e I 16 0 6 7 1 s t A v e N S i n g l e R e n e w a l G A L a n g & V L L a n g R e v T r s t Gr e g o r y & V i c t o r i a L a n g Me t R e q u i r e m e n t s 5 Ty p e I I N / A T y p e I I T y p e I I I 28 0 6 6 5 t h A v e N S i n g l e R e n e w a l A- j e l i l A b d e l l a & N S a i d Di d n o t m e e t r e q u i r e m e n t s 0 Ty p e I N / A T y p e I I I T y p e I I I 31 2 5 6 6 t h A v e N S i n g l e R e n e w a l C h r i s t i n a D u o n g & D a n n y V o 1 T y p e I N / A T y p e I T y p e I 33 0 7 O h e n r y R d S i n g l e R e n e w a l He n r y D o l o p e i & A s s a t a S h e r i f f Di d n o t m e e t r e q u i r e m e n t s 5 T y p e I I N / A T y p e I I I T y p e I I I Re n t a l L i c e n s e s f o r C o u n c i l A p p r o v a l 8 / 8 / 2 2 38 1 2 C o m m o d o r e D r S i n g l e R e n e w a l D a v i d K o e n i g 1 Ty p e I N / A T y p e I T y p e I V 48 1 1 L a k e v i e w A v e N S i n g l e R e n e w a l E i l e e n B o o k e r 17 T y p e I V N / A T y p e I V T y p e I V 49 1 3 W i n c h e s t e r L a S i n g l e R e n e w a l H u d a H a s s e n 6 Ty p e I I I N / A T y p e I I I T y p e I V 55 0 5 L y n d a l e A v e N S i n g l e R e n e w a l B r e t t R H i l d r e t h 0 Ty p e I N / A T y p e I T y p e I 58 0 7 B r y a n t A v e N S i n g l e R e n e w a l Ko l a d e x V e n t u r e , L L C Ob a f e m i O l a d e j i Di d n o t m e e t r e q u i r e m e n t s 15 Ty p e I V N / A T y p e I V T y p e I I I 59 2 5 W a s h b u r n A v e N S i n g l e R e n e w a l En d u r a 5 9 2 5 L l c Di d n o t m e e t r e q u i r e m e n t s 2 Ty p e I N / A T y p e I V T y p e I V 61 1 2 Q u a i l A v e N S i n g l e R e n e w a l D a v i d I K o e n i g 5 Ty p e I I N / A T y p e I I T y p e I V 62 4 3 F r a n c e A v e N S i n g l e R e n e w a l Fy r S f r B o r r o w e r L l c Di d n o t m e e t r e q u i r e m e n t s 5 Ty p e I I N / A T y p e I V T y p e I V 64 2 4 F r e m o n t A v e N S i n g l e R e n e w a l S t e v e n Y e b o a h / l y d i a K Y e b o a h 6 Ty p e I I I N / A T y p e I I I T y p e I I 66 2 0 B r y a n t A v e N S i n g l e R e n e w a l V e r a D i x o n 8 Ty p e I I I N / A T y p e I I I T y p e I I 68 0 7 D r e w A v e N S i n g l e R e n e w a l Jo h n C Y u f a n y i Di d n o t m e e t r e q u i r e m e n t s 8 Ty p e I I I N / A T y p e I V T y p e I V 70 1 8 F r a n c e A v e N S i n g l e R e n e w a l Cr y s t a l C l e a r I n v e s t m e n t L l c C/ O B r u m m e r R e a l t y 3 T y p e I I N / A T y p e I I T y p e I I I ** * I n i t i a l l i c e n s e s w i l l n o t s h o w a T y p e I = 3 Y e a r , T y p e I I = 2 Y e a r , T y p e I I I = 1 Y e a r , T y p e I V = 6 m o n t h s Al l p r o p e r t i e s a r e c u r r e n t o n C i t y u t i l i t i e s a n d p r o p e r t y t a x e s *C F S = C a l l s f o r S e r v i c e f o r R e n e w a l L i c e n s e s O n l y ( i n i t i a l l i c e n s e s a r e n o t a p p l i c a b l e t o c a l l s f o r s e r v i c e a n d w i l l b e l i s t e d N / A ) ** L i c e n s e t y p e b e i n g i s s u e d MEMORANDUM TO: Reginald Edwards Brooklyn Center City Manager FROM: David Ross Carson, Clelland & Schreder RE: E-Charging JPA & Court Services Amendment Renewal DATE: 2/10/2022 Dear Mr. Edwards, Several years ago a joint initiative was launched between the Bureau of Criminal Apprehension (BCA), State Court Administration, and local prosecuting attorneys to establish a system of electronic charging (e-charging) for criminal offenses. The e-charging process allows cases to be submitted electronically by police departments to the prosecuting agency (our offices) for review and consideration of charges. Upon charging, the case is then sent electronically back to the police department for approval and then submitted to the court for entry. The Bureau of Criminal Apprehension (BCA) provides the computer network to facilitate this process. Access to this network is granted through the execution of a Joint Powers Agreement. Statutorily there is presently a Joint Powers Agreement that is in place between the City on behalf of the city attorney and the police department which is now set to expire. Minnesota Statutes restrict the duration of Joint Powers Agreements to 5 year terms and therefore we will be required to sign a new Joint Powers Agreement on a 5 year cycle. We have prepared a proposed resolution approving the continuation of the Joint Powers Agreement for the Council’s consideration and approval. I am requesting that the attached resolution be approved by the City Council and that the Mayor and City Clerk sign the attached agreements (there are two agreements—the master JPA as well as the Court Amendment Agreement). We ask that this be put on the agenda for a February meeting as the current Joint Powers Agreement will be expiring soon. If you have any questions or concerns about this, please do not hesitate to let either myself or John Thames from my office know and we will be happy to answer any questions. Thank you for your attention to this matter. Sincerely, David K. Ross 1 COURT DATA SERVICES SUBSCRIBER AMENDMENT TO CJDN SUBSCRIBER AGREEMENT This Court Data Services Subscriber Amendment (“Subscriber Amendment”) is entered into by the State of Minnesota, acting through its Department of Public Safety, Bureau of Criminal Apprehension, (“BCA”) and the City of Brooklyn Center on behalf of its Prosecuting Attorney (“Agency”), and by and for the benefit of the State of Minnesota acting through its State Court Administrator’s Office (“Court”) who shall be entitled to enforce any provisions hereof through any legal action against any party. Recitals This Subscriber Amendment modifies and supplements the Agreement between the BCA and Agency, SWIFT Contract number 206044, of even or prior date, for Agency use of BCA systems and tools (referred to herein as “the CJDN Subscriber Agreement”). Certain BCA systems and tools that include access to and/or submission of Court Records may only be utilized by the Agency if the Agency completes this Subscriber Amendment. The Agency desires to use one or more BCA systems and tools to access and/or submit Court Records to assist the Agency in the efficient performance of its duties as required or authorized by law or court rule. Court desires to permit such access and/or submission. This Subscriber Amendment is intended to add Court as a party to the CJDN Subscriber Agreement and to create obligations by the Agency to the Court that can be enforced by the Court. It is also understood that, pursuant to the Master Joint Powers Agreement for Delivery of Court Data Services to CJDN Subscribers (“Master Authorization Agreement”) between the Court and the BCA, the BCA is authorized to sign this Subscriber Amendment on behalf of Court. Upon execution the Subscriber Amendment will be incorporated into the CJDN Subscriber Agreement by reference. The BCA, the Agency and the Court desire to amend the CJDN Subscriber Agreement as stated below. The CJDN Subscriber Agreement is amended by the addition of the following provisions: 1. TERM; TERMINATION; ONGOING OBLIGATIONS. This Subscriber Amendment shall be effective on the date finally executed by all parties and shall remain in effect until expiration or termination of the CJDN Subscriber Agreement unless terminated earlier as provided in this Subscriber Amendment. Any party may terminate this Subscriber Amendment with or without cause by giving written notice to all other parties. The effective date of the termination shall be thirty days after the other party's receipt of the notice of termination, unless a later date is specified in the notice. The provisions of sections 5 through 9, 12.b., 12.c., and 15 through 24 shall survive any termination of this Subscriber Amendment as shall any other provisions which by their nature are intended or expected to survive such termination. Upon termination, the Subscriber shall perform the responsibilities set forth in paragraph 7(f) hereof. 2. Definitions. Unless otherwise specifically defined, each term used herein shall have the meaning assigned to such term in the CJDN Subscriber Agreement. 2 a. “Authorized Court Data Services” means Court Data Services that have been authorized for delivery to CJDN Subscribers via BCA systems and tools pursuant to an Authorization Amendment to the Joint Powers Agreement for Delivery of Court Data Services to CJDN Subscribers (“Master Authorization Agreement”) between the Court and the BCA. b. “Court Data Services” means one or more of the services set forth on the Justice Agency Resource webpage of the Minnesota Judicial Branch website (for which the current address is www.courts.state.mn.us) or other location designated by the Court, as the same may be amended from time to time by the Court. c. “Court Records” means all information in any form made available by the Court to Subscriber through the BCA for the purposes of carrying out this Subscriber Amendment, including: i. “Court Case Information” means any information in the Court Records that conveys information about a particular case or controversy, including without limitation Court Confidential Case Information, as defined herein. ii. “Court Confidential Case Information” means any information in the Court Records that is inaccessible to the public pursuant to the Rules of Public Access and that conveys information about a particular case or controversy. iii. “Court Confidential Security and Activation Information” means any information in the Court Records that is inaccessible to the public pursuant to the Rules of Public Access and that explains how to use or gain access to Court Data Services, including but not limited to login account names, passwords, TCP/IP addresses, Court Data Services user manuals, Court Data Services Programs, Court Data Services Databases, and other technical information. iv. “Court Confidential Information” means any information in the Court Records that is inaccessible to the public pursuant to the Rules of Public Access, including without limitation both i) Court Confidential Case Information; and ii) Court Confidential Security and Activation Information. d. “DCA” shall mean the district courts of the state of Minnesota and their respective staff. e. “Policies & Notices” means the policies and notices published by the Court in connection with each of its Court Data Services, on a website or other location designated by the Court, as the same may be amended from time to time by the Court. Policies & Notices for each Authorized Court Data Service identified in an approved request form under section 3, below, are hereby made part of this Subscriber Amendment by this reference and provide additional terms and conditions that govern Subscriber’s use of Court Records accessed through such services, including but not limited to provisions on access and use limitations. 3 f. “Rules of Public Access” means the Rules of Public Access to Records of the Judicial Branch promulgated by the Minnesota Supreme Court, as the same may be amended from time to time, including without limitation lists or tables published from time to time by the Court entitled Limits on Public Access to Case Records or Limits on Public Access to Administrative Records, all of which by this reference are made a part of this Subscriber Amendment. It is the obligation of Subscriber to check from time to time for updated rules, lists, and tables and be familiar with the contents thereof. It is contemplated that such rules, lists, and tables will be posted on the Minnesota Judicial Branch website, for which the current address is www.courts.state.mn.us. g. “Court” shall mean the State of Minnesota, State Court Administrator's Office. h. “Subscriber” shall mean the Agency. i. “Subscriber Records” means any information in any form made available by the Subscriber to the Court for the purposes of carrying out this Subscriber Amendment. 3. REQUESTS FOR AUTHORIZED COURT DATA SERVICES. Following execution of this Subscriber Amendment by all parties, Subscriber may submit to the BCA one or more separate requests for Authorized Court Data Services. The BCA is authorized in the Master Authorization Agreement to process, credential and approve such requests on behalf of Court and all such requests approved by the BCA are adopted and incorporated herein by this reference the same as if set forth verbatim herein. a. Activation. Activation of the requested Authorized Court Data Service(s) shall occur promptly following approval. b. Rejection. Requests may be rejected for any reason, at the discretion of the BCA and/or the Court. c. Requests for Termination of One or More Authorized Court Data Services. The Subscriber may request the termination of an Authorized Court Data Services previously requested by submitting a notice to Court with a copy to the BCA. Promptly upon receipt of a request for termination of an Authorized Court Data Service, the BCA will deactivate the service requested. The termination of one or more Authorized Court Data Services does not terminate this Subscriber Amendment. Provisions for termination of this Subscriber Amendment are set forth in section 1. Upon termination of Authorized Court Data Services, the Subscriber shall perform the responsibilities set forth in paragraph 7(f) hereof. 4. SCOPE OF ACCESS TO COURT RECORDS LIMITED. Subscriber’s access to and/or submission of the Court Records shall be limited to Authorized Court Data Services identified in an approved request form under section 3, above, and other Court Records necessary for Subscriber to use Authorized Court Data Services. Authorized Court Data Services shall only be used according to the instructions provided in corresponding Policies & Notices or other materials and only as necessary to assist Subscriber in the efficient performance of Subscriber’s duties 4 required or authorized by law or court rule in connection with any civil, criminal, administrative, or arbitral proceeding in any Federal, State, or local court or agency or before any self-regulatory body. Subscriber’s access to the Court Records for personal or non-official use is prohibited. Subscriber will not use or attempt to use Authorized Court Data Services in any manner not set forth in this Subscriber Amendment, Policies & Notices, or other Authorized Court Data Services documentation, and upon any such unauthorized use or attempted use the Court may immediately terminate this Subscriber Amendment without prior notice to Subscriber. 5. GUARANTEES OF CONFIDENTIALITY. Subscriber agrees: a. To not disclose Court Confidential Information to any third party except where necessary to carry out the Subscriber’s duties as required or authorized by law or court rule in connection with any civil, criminal, administrative, or arbitral proceeding in any Federal, State, or local court or agency or before any self-regulatory body. b. To take all appropriate action, whether by instruction, agreement, or otherwise, to insure the protection, confidentiality and security of Court Confidential Information and to satisfy Subscriber’s obligations under this Subscriber Amendment. c. To limit the use of and access to Court Confidential Information to Subscriber’s bona fide personnel whose use or access is necessary to effect the purposes of this Subscriber Amendment, and to advise each individual who is permitted use of and/or access to any Court Confidential Information of the restrictions upon disclosure and use contained in this Subscriber Amendment, requiring each individual who is permitted use of and/or access to Court Confidential Information to acknowledge in writing that the individual has read and understands such restrictions. Subscriber shall keep such acknowledgements on file for one year following termination of the Subscriber Amendment and/or CJDN Subscriber Agreement, whichever is longer, and shall provide the Court with access to, and copies of, such acknowledgements upon request. For purposes of this Subscriber Amendment, Subscriber’s bona fide personnel shall mean individuals who are employees of Subscriber or provide services to Subscriber either on a voluntary basis or as independent contractors with Subscriber. d. That, without limiting section 1 of this Subscriber Amendment, the obligations of Subscriber and its bona fide personnel with respect to the confidentiality and security of Court Confidential Information shall survive the termination of this Subscriber Amendment and the CJDN Subscriber Agreement and the termination of their relationship with Subscriber. e. That, notwithstanding any federal or state law applicable to the nondisclosure obligations of Subscriber and Subscriber’s bona fide personnel under this Subscriber Amendment, such obligations of Subscriber and Subscriber's bona fide personnel are founded independently on the provisions of this Subscriber Amendment. 6. APPLICABILITY TO PREVIOUSLY DISCLOSED COURT RECORDS. Subscriber acknowledges and agrees that all Authorized Court Data Services and related Court Records disclosed to Subscriber prior to the effective date of this Subscriber Amendment shall be subject to the provisions of this Subscriber Amendment. 5 7. LICENSE AND PROTECTION OF PROPRIETARY RIGHTS. During the term of this Subscriber Amendment, subject to the terms and conditions hereof, the Court hereby grants to Subscriber a nonexclusive, nontransferable, limited license to use Court Data Services Programs and Court Data Services Databases to access or receive the Authorized Court Data Services identified in an approved request form under section 3, above, and related Court Records. Court reserves the right to make modifications to the Authorized Court Data Services, Court Data Services Programs, and Court Data Services Databases, and related materials without notice to Subscriber. These modifications shall be treated in all respects as their previous counterparts. a. Court Data Services Programs. Court is the copyright owner and licensor of the Court Data Services Programs. The combination of ideas, procedures, processes, systems, logic, coherence and methods of operation embodied within the Court Data Services Programs, and all information contained in documentation pertaining to the Court Data Services Programs, including but not limited to manuals, user documentation, and passwords, are trade secret information of Court and its licensors. b. Court Data Services Databases. Court is the copyright owner and licensor of the Court Data Services Databases and of all copyrightable aspects and components thereof. All specifications and information pertaining to the Court Data Services Databases and their structure, sequence and organization, including without limitation data schemas such as the Court XML Schema, are trade secret information of Court and its licensors. c. Marks. Subscriber shall neither have nor claim any right, title, or interest in or use of any trademark used in connection with Authorized Court Data Services, including but not limited to the marks “MNCIS” and “Odyssey.” d. Restrictions on Duplication, Disclosure, and Use. Trade secret information of Court and its licensors will be treated by Subscriber in the same manner as Court Confidential Information. In addition, Subscriber will not copy any part of the Court Data Services Programs or Court Data Services Databases, or reverse engineer or otherwise attempt to discern the source code of the Court Data Services Programs or Court Data Services Databases, or use any trademark of Court or its licensors, in any way or for any purpose not specifically and expressly authorized by this Subscriber Amendment. As used herein, "trade secret information of Court and its licensors" means any information possessed by Court which derives independent economic value from not being generally known to, and not being readily ascertainable by proper means by, other persons who can obtain economic value from its disclosure or use. "Trade secret information of Court and its licensors" does not, however, include information which was known to Subscriber prior to Subscriber’s receipt thereof, either directly or indirectly, from Court or its licensors, information which is independently developed by Subscriber without reference to or use of information received from Court or its licensors, or information which would not qualify as a trade secret under Minnesota law. It will not be a violation of this section 7, sub-section d, for Subscriber to make up to one copy of training materials and configuration documentation, if any, for each individual authorized to access, use, or configure Authorized Court Data Services, solely for its own use in connection with this Subscriber Amendment. Subscriber will take all steps reasonably necessary to protect the copyright, trade secret, and trademark rights of Court and its licensors and Subscriber will advise its bona fide personnel who are permitted access to any of the Court Data Services Programs and Court Data Services Databases, and trade secret information of Court and its licensors, of the restrictions upon duplication, disclosure and use contained in this Subscriber Amendment. 6 e. Proprietary Notices. Subscriber will not remove any copyright or proprietary notices included in and/or on the Court Data Services Programs or Court Data Services Databases, related documentation, or trade secret information of Court and its licensors, or any part thereof, made available by Court directly or through the BCA, if any, and Subscriber will include in and/or on any copy of the Court Data Services Programs or Court Data Services Databases, or trade secret information of Court and its licensors and any documents pertaining thereto, the same copyright and other proprietary notices as appear on the copies made available to Subscriber by Court directly or through the BCA, except that copyright notices shall be updated and other proprietary notices added as may be appropriate. f. Title; Return. The Court Data Services Programs and Court Data Services Databases, and related documentation, including but not limited to training and configuration material, if any, and logon account information and passwords, if any, made available by the Court to Subscriber directly or through the BCA and all copies, including partial copies, thereof are and remain the property of the respective licensor. Except as expressly provided in section 12.b., within ten days of the effective date of termination of this Subscriber Amendment or the CJDN Subscriber Agreement or within ten days of a request for termination of Authorized Court Data Service as described in section 4, Subscriber shall either: (i) uninstall and return any and all copies of the applicable Court Data Services Programs and Court Data Services Databases, and related documentation, including but not limited to training and configuration materials, if any, and logon account information, if any; or (2) destroy the same and certify in writing to the Court that the same have been destroyed. 8. INJUNCTIVE RELIEF. Subscriber acknowledges that the Court, Court’s licensors, and DCA will be irreparably harmed if Subscriber’s obligations under this Subscriber Amendment are not specifically enforced and that the Court, Court’s licensors, and DCA would not have an adequate remedy at law in the event of an actual or threatened violation by Subscriber of its obligations. Therefore, Subscriber agrees that the Court, Court’s licensors, and DCA shall be entitled to an injunction or any appropriate decree of specific performance for any actual or threatened violations or breaches by Subscriber or its bona fide personnel without the necessity of the Court, Court’s licensors, or DCA showing actual damages or that monetary damages would not afford an adequate remedy. Unless Subscriber is an office, officer, agency, department, division, or bureau of the state of Minnesota, Subscriber shall be liable to the Court, Court’s licensors, and DCA for reasonable attorneys fees incurred by the Court, Court’s licensors, and DCA in obtaining any relief pursuant to this Subscriber Amendment. 9. LIABILITY. Subscriber and the Court agree that, except as otherwise expressly provided herein, each party will be responsible for its own acts and the results thereof to the extent authorized by law and shall not be responsible for the acts of any others and the results thereof. Liability shall be governed by applicable law. Without limiting the foregoing, liability of the Court and any Subscriber that is an office, officer, agency, department, division, or bureau of the state of Minnesota shall be governed by the provisions of the Minnesota Tort Claims Act, Minnesota Statutes, section 3.376, and other applicable law. Without limiting the foregoing, if Subscriber is a political subdivision of the state of Minnesota, liability of the Subscriber shall be governed by the provisions of Minn. Stat. Ch. 466 (Tort Liability, Political Subdivisions) or other applicable law. Subscriber and Court further acknowledge that the liability, if any, of the BCA is governed by a separate agreement between the Court and the BCA dated December 13, 2010 with DPS-M -0958. 7 10. AVAILABILITY. Specific terms of availability shall be established by the Court and communicated to Subscriber by the Court and/or the BCA. The Court reserves the right to terminate this Subscriber Amendment immediately and/or temporarily suspend Subscriber’s Authorized Court Data Services in the event the capacity of any host computer system or legislative appropriation of funds is determined solely by the Court to be insufficient to meet the computer needs of the courts served by the host computer system. 11. [reserved] 12. ADDITIONAL USER OBLIGATIONS. The obligations of the Subscriber set forth in this section are in addition to the other obligations of the Subscriber set forth elsewhere in this Subscriber Amendment. a. Judicial Policy Statement. Subscriber agrees to comply with all policies identified in Policies & Notices applicable to Court Records accessed by Subscriber using Authorized Court Data Services. Upon failure of the Subscriber to comply with such policies, the Court shall have the option of immediately suspending the Subscriber’s Authorized Court Data Services on a temporary basis and/or immediately terminating this Subscriber Amendment. b. Access and Use; Log. Subscriber shall be responsible for all access to and use of Authorized Court Data Services and Court Records by Subscriber’s bona fide personnel or by means of Subscriber’s equipment or passwords, whether or not Subscriber has knowledge of or authorizes such access and use. Subscriber shall also maintain a log identifying all persons to whom Subscriber has disclosed its Court Confidential Security and Activation Information, such as user ID(s) and password(s), including the date of such disclosure. Subscriber shall maintain such logs for a minimum period of six years from the date of disclosure, and shall provide the Court with access to, and copies of, such logs upon request. The Court may conduct audits of Subscriber’s logs and use of Authorized Court Data Services and Court Records from time to time. Upon Subscriber’s failure to maintain such logs, to maintain accurate logs, or to promptly provide access by the Court to such logs, the Court may terminate this Subscriber Amendment without prior notice to Subscriber. c. Personnel. Subscriber agrees to investigate, at the request of the Court and/or the BCA, allegations of misconduct pertaining to Subscriber’s bona fide personnel having access to or use of Authorized Court Data Services, Court Confidential Information, or trade secret information of the Court and its licensors where such persons are alleged to have violated the provisions of this Subscriber Amendment, Policies & Notices, Judicial Branch policies, or other security requirements or laws regulating access to the Court Records. d. Minnesota Data Practices Act Applicability. If Subscriber is a Minnesota Government entity that is subject to the Minnesota Government Data Practices Act, Minn. Stat. Ch. 13, Subscriber acknowledges and agrees that: (1) the Court is not subject to Minn. Stat. Ch. 13 (see section 13.90) but is subject to the Rules of Public Access and other rules promulgated by the Minnesota Supreme Court; (2) Minn. Stat. section 13.03, subdivision 4(e) requires that Subscriber comply with the Rules of Public Access and other rules promulgated by the Minnesota Supreme Court for access to Court Records provided via the 8 BCA systems and tools under this Subscriber Amendment; (3) the use of and access to Court Records may be restricted by rules promulgated by the Minnesota Supreme Court, applicable state statute or federal law; and (4) these applicable restrictions must be followed in the appropriate circumstances. 13. FEES; INVOICES. Unless the Subscriber is an office, officer, department, division, agency, or bureau of the state of Minnesota, Subscriber shall pay the fees, if any, set forth in applicable Policies & Notices, together with applicable sales, use or other taxes. Applicable monthly fees commence ten (10) days after notice of approval of the request pursuant to section 3 of this Subscriber Amendment or upon the initial Subscriber transaction as defined in the Policies & Notices, whichever occurs earlier. When fees apply, the Court shall invoice Subscriber on a monthly basis for charges incurred in the preceding month and applicable taxes, if any, and payment of all amounts shall be due upon receipt of invoice. If all amounts are not paid within 30 days of the date of the invoice, the Court may immediately cancel this Subscriber Amendment without notice to Subscriber and pursue all available legal remedies. Subscriber certifies that funds have been appropriated for the payment of charges under this Subscriber Amendment for the current fiscal year, if applicable. 14. MODIFICATION OF FEES. Court may modify the fees by amending the Policies & Notices as provided herein, and the modified fees shall be effective on the date specified in the Policies & Notices, which shall not be less than thirty days from the publication of the Policies & Notices. Subscriber shall have the option of accepting such changes or terminating this Subscriber Amendment as provided in section 1 hereof. 15. WARRANTY DISCLAIMERS. a. WARRANTY EXCLUSIONS. EXCEPT AS SPECIFICALLY AND EXPRESSLY PROVIDED HEREIN, COURT, COURT’S LICENSORS, AND DCA MAKE NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, INCLUDING BUT NOT LIMITED TO THE WARRANTIES OF FITNESS FOR A PARTICULAR PURPOSE OR MERCHANTABILITY, NOR ARE ANY WARRANTIES TO BE IMPLIED, WITH RESPECT TO THE INFORMATION, SERVICES OR COMPUTER PROGRAMS MADE AVAILABLE UNDER THIS AGREEMENT. b. ACCURACY AND COMPLETENESS OF INFORMATION. WITHOUT LIMITING THE GENERALITY OF THE PRECEDING PARAGRAPH, COURT, COURT’S LICENSORS, AND DCA MAKE NO WARRANTIES AS TO THE ACCURACY OR COMPLETENESS OF THE INFORMATION CONTAINED IN THE COURT RECORDS. 16. RELATIONSHIP OF THE PARTIES. Subscriber is an independent contractor and shall not be deemed for any purpose to be an employee, partner, agent or franchisee of the Court, Court’s licensors, or DCA. Neither Subscriber nor the Court, Court’s licensors, or DCA shall have the right nor the authority to assume, create or incur any liability or obligation of any kind, express or implied, against or in the name of or on behalf of the other. 17. NOTICE. Except as provided in section 2 regarding notices of or modifications to Authorized Court Data Services and Policies & Notices, any notice to Court or Subscriber 9 hereunder shall be deemed to have been received when personally delivered in writing or seventy- two (72) hours after it has been deposited in the United States mail, first class, proper postage prepaid, addressed to the party to whom it is intended at the address set forth on page one of this Agreement or at such other address of which notice has been given in accordance herewith. 18. NON-WAIVER. The failure by any party at any time to enforce any of the provisions of this Subscriber Amendment or any right or remedy available hereunder or at law or in equity, or to exercise any option herein provided, shall not constitute a waiver of such provision, remedy or option or in any way affect the validity of this Subscriber Amendment. The waiver of any default by either Party shall not be deemed a continuing waiver, but shall apply solely to the instance to which such waiver is directed. 19. FORCE MAJEURE. Neither Subscriber nor Court shall be responsible for failure or delay in the performance of their respective obligations hereunder caused by acts beyond their reasonable control. 20. SEVERABILITY. Every provision of this Subscriber Amendment shall be construed, to the extent possible, so as to be valid and enforceable. If any provision of this Subscriber Amendment so construed is held by a court of competent jurisdiction to be invalid, illegal or otherwise unenforceable, such provision shall be deemed severed from this Subscriber Amendment, and all other provisions shall remain in full force and effect. 21. ASSIGNMENT AND BINDING EFFECT. Except as otherwise expressly permitted herein, neither Subscriber nor Court may assign, delegate and/or otherwise transfer this Subscriber Amendment or any of its rights or obligations hereunder without the prior written consent of the other. This Subscriber Amendment shall be binding upon and inure to the benefit of the Parties hereto and their respective successors and assigns, including any other legal entity into, by or with which Subscriber may be merged, acquired or consolidated. 22. GOVERNING LAW. This Subscriber Amendment shall in all respects be governed by and interpreted, construed and enforced in accordance with the laws of the United States and of the State of Minnesota. 23. VENUE AND JURISDICTION. Any action arising out of or relating to this Subscriber Amendment, its performance, enforcement or breach will be venued in a state or federal court situated within the State of Minnesota. Subscriber hereby irrevocably consents and submits itself to the personal jurisdiction of said courts for that purpose. 24. INTEGRATION. This Subscriber Amendment contains all negotiations and agreements between the parties. No other understanding regarding this Subscriber Amendment, whether written or oral, may be used to bind either party, provided that all terms and conditions of the CJDN Subscriber Agreement and all previous amendments remain in full force and effect except as supplemented or modified by this Subscriber Amendment. IN WITNESS WHEREOF, the Parties have, by their duly authorized officers, executed this Subscriber Amendment in duplicate, intending to be bound thereby. 10 1. SUBSCRIBER (AGENCY) Subscriber must attach written verification of authority to sign on behalf of and bind the entity, such as an opinion of counsel or resolution. Name: Mike Elliott_____________________________ (PRINTED) Signed: _______________________________________ Title: Mayor___________________________________ (with delegated authority) Date: ________________________________________ Name: Barb Suciu______________________________ (PRINTED) Signed: _______________________________________ Title: City Clerk________________________________ (with delegated authority) Date: ________________________________________ 2. DEPARTMENT OF PUBLIC SAFETY, BUREAU OF CRIMINAL APPREHENSION Name: ____________________________________________ (PRINTED) Signed: ___________________________________________ Title: _____________________________________________ (with delegated authority) Date: _____________________________________________ 3. COMMISSIONER OF ADMINISTRATION delegated to Materials Management Division By: ______________________________________________ Date: _____________________________________________ 4. COURTS Authority granted to Bureau of Criminal Apprehension Name: ____________________________________________ (PRINTED) Signed: ___________________________________________ Title: _____________________________________________ (with authorized authority) Date: _____________________________________________ SWIFT Contract # 206044 MN027021A 1 DPS/BCA CJDN JPA_March 2021 State of Minnesota Joint Powers Agreement 季 This Agreement is between the State of Minnesota, acting through its Department of Public Safety on behalf of the Bureau of Criminal Apprehension ("BCA"), and the City of Brooklyn Center on behalf of its Prosecuting Attorney ("Governmental Unit"). The BCA and the Governmental Unit may be referred to jointly as “Parties.” Recitals Under Minn. Stat. § 471.59, the BCA and the Governmental Unit are empowered to engage in agreements that are necessary to exercise their powers. Under Minn. Stat. § 299C.46, the BCA must provide a criminal justice data communications network to benefit political subdivisions as defined under Minn. Stat. § 299C.46, subd. 2 and subd. 2(a). The Governmental Unit is authorized by law to utilize the criminal justice data communications network pursuant to the terms set out in this Agreement. In addition, BCA either maintains repositories of data or has access to repositories of data that benefit authorized political subdivisions in performing their duties. The Governmental Unit wants to access data in support of its official duties. The purpose of this Agreement is to create a method by which the Governmental Unit has access to those systems and tools for which it has eligibility, and to memorialize the requirements to obtain access and the limitations on the access. Agreement 1 Term of Agreement 1.1 Effective Date. This Agreement is effective on the date the BCA obtains all required signatures under Minn. Stat. § 16C.05, subdivision 2. 1.2 Expiration Date. This Agreement expires five years from the date it is effective. 2 Agreement Between the Parties 2.1 General Access. BCA agrees to provide Governmental Unit with access to the Minnesota Criminal Justice Data Communications Network (CJDN) and those systems and tools which the Governmental Unit is authorized by law to access via the CJDN for the purposes outlined in Minn. Stat. § 299C.46. 2.2 Methods of Access. The BCA offers three (3) methods of access to its systems and tools. The methods of access are: A. Direct access occurs when individual users at the Governmental Unit use the Governmental Unit’s equipment to access the BCA’s systems and tools. This is generally accomplished by an individual user entering a query into one of BCA’s systems or tools. B. Indirect Access occurs when individual users at the Governmental Unit go to another Governmental Unit to obtain data and information from BCA’s systems and tools. This method of access generally results in the Governmental Unit with indirect access obtaining the needed data and information in a physical format like a paper report. C. Computer-to-Computer System Interface occurs when the Governmental Unit’s computer exchanges data and information with BCA’s computer systems and tools using an interface. Without limitation, interface types include: state message switch, web services, enterprise service bus and message queuing. For purposes of this Agreement, Governmental Unit employees or contractors may use any of these methods to use BCA’s systems and tools as described in this Agreement. Governmental Unit will select a SWIFT Contract # 206044 MN027021A 2 DPS/BCA CJDN JPA_March 2021 method of access and can change the methodology following the process in Clause 2.10. 2.3 Federal Systems Access. In addition, pursuant to 28 CFR §20.30-38 and Minn. Stat. §299C.58, BCA may provide Governmental Unit with access to the Federal Bureau of Investigation (FBI) National Crime Information Center. 2.4 Governmental Unit Policies. Both the BCA and the FBI’s Criminal Justice Information Systems (FBI-CJIS) have policies, regulations and laws on access, use, audit, dissemination, hit confirmation, logging, quality assurance, screening (pre-employment), security, timeliness, training, use of the system, and validation. Governmental Unit has created its own policies to ensure that Governmental Unit’s employees and contractors comply with all applicable requirements. Governmental Unit ensures this compliance through appropriate enforcement. These BCA and FBI-CJIS policies and regulations, as amended and updated from time to time, are incorporated into this Agreement by reference. The policies are available at https://bcanextest.x.state.mn.us/launchpad/. 2.5 Governmental Unit Resources. To assist Governmental Unit in complying with the federal and state requirements on access to and use of the various systems and tools, information is available at https://sps.x.state.mn.us/sites/bcaservicecatalog/default.aspx. Additional information on appropriate use is found in the Minnesota Bureau of Criminal Apprehension Policy on Appropriate Use of Systems and Data available at https://bcanextest.x.state.mn.us/launchpad/cjisdocs/docs.cgi?cmd=FS&ID=795&TYPE=DOCS. 2.6 Access Granted. A. Governmental Unit is granted permission to use all current and future BCA systems and tools for which Governmental Unit is eligible. Eligibility is dependent on Governmental Unit (i) satisfying all applicable federal or state statutory requirements; (ii) complying with the terms of this Agreement; and (iii) acceptance by BCA of Governmental Unit’s written request for use of a specific system or tool. B. To facilitate changes in systems and tools, Governmental Unit grants its Authorized Representative authority to make written requests for those systems and tools provided by BCA that the Governmental Unit needs to meet its criminal justice obligations and for which Governmental Unit is eligible. 2.7 Future Access. On written request from the Governmental Unit, BCA also may provide Governmental Unit with access to those systems or tools which may become available after the signing of this Agreement, to the extent that the access is authorized by applicable state and federal law. Governmental Unit agrees to be bound by the terms and conditions contained in this Agreement that when utilizing new systems or tools provided under this Agreement. 2.8 Limitations on Access. BCA agrees that it will comply with applicable state and federal laws when making information accessible. Governmental Unit agrees that it will comply with applicable state and federal laws when accessing, entering, using, disseminating, and storing data. Each party is responsible for its own compliance with the most current applicable state and federal laws. 2.9 Supersedes Prior Agreements. This Agreement supersedes any and all prior agreements between the BCA and the Governmental Unit regarding access to and use of systems and tools provided by BCA. 2.10 Requirement to Update Information. The parties agree that if there is a change to any of the information whether required by law or this Agreement, the party will send the new information to the other party in writing within 30 days of the change. This clause does not apply to changes in systems or tools provided under this Agreement. This requirement to give notice additionally applies to changes in the individual or organization serving the Governmental Unit as its prosecutor. Any change in performance of the prosecutorial function must be provided to the BCA in writing by giving notice to the Service Desk, BCA.ServiceDesk@state.mn.us. 2.11 Transaction Record. The BCA creates and maintains a transaction record for each exchange of data utilizing its systems and tools. In order to meet FBI-CJIS requirements and to perform the audits described in Clause 7, there must be a method of identifying which individual users at the Governmental Unit conducted a SWIFT Contract # 206044 MN027021A 3 DPS/BCA CJDN JPA_March 2021 particular transaction. If Governmental Unit uses either direct access as described in Clause 2.2A or indirect access as described in Clause 2.2B, BCA’s transaction record meets FBI-CJIS requirements. When Governmental Unit’s method of access is a computer-to-computer interface as described in Clause 2.2C, the Governmental Unit must keep a transaction record sufficient to satisfy FBI-CJIS requirements and permit the audits described in Clause 7 to occur. If a Governmental Unit accesses data from the Driver and Vehicle Services Division in the Minnesota Department of Public Safety and keeps a copy of the data, Governmental Unit must have a transaction record of all subsequent access to the data that are kept by the Governmental Unit. The transaction record must include the individual user who requested access, and the date, time and content of the request. The transaction record must also include the date, time and content of the response along with the destination to which the data were sent. The transaction record must be maintained for a minimum of six (6) years from the date the transaction occurred and must be made available to the BCA within one (1) business day of the BCA’s request. 2.12 Court Information Access. Certain BCA systems and tools that include access to and/or submission of Court Records may only be utilized by the Governmental Unit if the Governmental Unit completes the Court Data Services Subscriber Amendment, which upon execution will be incorporated into this Agreement by reference. These BCA systems and tools are identified in the written request made by the Governmental Unit under Clause 2.6 above. The Court Data Services Subscriber Amendment provides important additional terms, including but not limited to privacy (see Clause 8.2, below), fees (see Clause 3 below), and transaction records or logs, that govern Governmental Unit’s access to and/or submission of the Court Records delivered through the BCA systems and tools. 2.13 Vendor Personnel Screening. The BCA will conduct all vendor personnel screening on behalf of Governmental Unit as is required by the FBI CJIS Security Policy. The BCA will maintain records of the federal, fingerprint-based background check on each vendor employee as well as records of the completion of the security awareness training that may be relied on by the Governmental Unit. 3 Payment The Governmental Unit understands there is a cost for access to the criminal justice data communications network described in Minn. Stat. § 299C.46. At the time this Agreement is signed, BCA understands that a third party will be responsible for the cost of access. The Governmental Unit will identify the third party and provide the BCA with the contact information and its contact person for billing purposes so that billing can be established. The Governmental Unit will provide updated information to BCA’s Authorized Representative within ten business days when this information changes. If Governmental Unit chooses to execute the Court Data Services Subscriber Amendment referred to in Clause 2.12 in order to access and/or submit Court Records via BCA’s systems, additional fees, if any, are addressed in that amendment. 4 Authorized Representatives The BCA’s Authorized Representative is the person below, or her successor: Name: Dana Gotz, Deputy Superintendent Address: Minnesota Department of Public Safety; Bureau of Criminal Apprehension 1430 Maryland Avenue SWIFT Contract # 206044 MN027021A 4 DPS/BCA CJDN JPA_March 2021 Saint Paul, MN 55106 Telephone: 651.793.2007 Email Address: Dana.Gotz@state.mn.us The Governmental Unit’s Authorized Representative is the person below, or his/her successor: Name: David Ross, Attorney Address: 6300 Shingle Creek Pkwy, Ste 305 Minneapolis, MN 55430 Telephone: 763.561.2800 Email Address: david.ross@carsoncs.net 5 Assignment, Amendments, Waiver, and Agreement Complete 5.1 Assignment. Neither party may assign nor transfer any rights or obligations under this Agreement. 5.2 Amendments. Any amendment to this Agreement, except those described in Clauses 2.6 and 2.7 above must be in writing and will not be effective until it has been signed and approved by the same parties who signed and approved the original agreement, their successors in office, or another individual duly authorized. 5.3 Waiver. If either party fails to enforce any provision of this Agreement, that failure does not waive the provision or the right to enforce it. 5.4 Agreement Complete. This Agreement contains all negotiations and agreements between the BCA and the Governmental Unit. No other understanding regarding this Agreement, whether written or oral, may be used to bind either party. 6 Liability Each party will be responsible for its own acts and behavior and the results thereof and shall not be responsible or liable for the other party’s actions and consequences of those actions. The Minnesota Torts Claims Act, Minn. Stat. § 3.736 and other applicable laws govern the BCA’s liability. The Minnesota Municipal Tort Claims Act, Minn. Stat. Ch. 466 and other applicable laws, governs the Governmental Unit’s liability. 7 Audits 7.1 Under Minn. Stat. § 16C.05, subd. 5, the Governmental Unit’s books, records, documents, internal policies and accounting procedures and practices relevant to this Agreement are subject to examination by the BCA, the State Auditor or Legislative Auditor, as appropriate, for a minimum of six years from the end of this Agreement. Under Minn. Stat. § 6.551, the State Auditor may examine the books, records, documents, and accounting procedures and practices of BCA. The examination shall be limited to the books, records, documents, and accounting procedures and practices that are relevant to this Agreement. 7.2 Under applicable state and federal law, the Governmental Unit’s records are subject to examination by the BCA to ensure compliance with laws, regulations and policies about access, use, and dissemination of data. 7.3 If the Governmental Unit accesses federal databases, the Governmental Unit’s records are subject to examination by the FBI and BCA; the Governmental Unit will cooperate with FBI and BCA auditors and make any requested data available for review and audit. 7.4 If the Governmental Unit accesses state databases, the Governmental Unit’s records are subject to examination by the BCA: the Governmental Unit will cooperate with the BCA auditors and make any requested data available for review and audit. SWIFT Contract # 206044 MN027021A 5 DPS/BCA CJDN JPA_March 2021 7.5 To facilitate the audits required by state and federal law, Governmental Unit is required to have an inventory of the equipment used to access the data covered by this Agreement and the physical location of each. 8 Government Data Practices 8.1 BCA and Governmental Unit. The Governmental Unit and BCA must comply with the Minnesota Government Data Practices Act, Minn. Stat. Ch. 13, as it applies to all data accessible under this Agreement, and as it applies to all data created, collected, received, stored, used, maintained, or disseminated by the Governmental Unit under this Agreement. The remedies of Minn. Stat. §§ 13.08 and 13.09 apply to the release of the data referred to in this clause by either the Governmental Unit or the BCA. 8.2 Court Records. If Governmental Unit chooses to execute the Court Data Services Subscriber Amendment referred to in Clause 2.12 in order to access and/or submit Court Records via BCA’s systems, the following provisions regarding data practices also apply. The Court is not subject to Minn. Stat. Ch. 13 but is subject to the Rules of Public Access to Records of the Judicial Branch promulgated by the Minnesota Supreme Court. All parties acknowledge and agree that Minn. Stat. § 13.03, subdivision 4(e) requires that the BCA and the Governmental Unit comply with the Rules of Public Access for those data received from Court under the Court Data Services Subscriber Amendment. All parties also acknowledge and agree that the use of, access to or submission of Court Records, as that term is defined in the Court Data Services Subscriber Amendment, may be restricted by rules promulgated by the Minnesota Supreme Court, applicable state statute or federal law. All parties acknowledge and agree that these applicable restrictions must be followed in the appropriate circumstances. 9 Investigation of Alleged Violations; Sanctions For purposes of this clause, “Individual User” means an employee or contractor of Governmental Unit. 9.1 Investigation. The Governmental Unit and BCA agree to cooperate in the investigation and possible prosecution of suspected violations of federal and state law referenced in this Agreement. Governmental Unit and BCA agree to cooperate in the investigation of suspected violations of the policies and procedures referenced in this Agreement. When BCA becomes aware that a violation may have occurred, BCA will inform Governmental Unit of the suspected violation, subject to any restrictions in applicable law. When Governmental Unit becomes aware that a violation has occurred, Governmental Unit will inform BCA subject to any restrictions in applicable law. 9.2 Sanctions Involving Only BCA Systems and Tools. The following provisions apply to BCA systems and tools not covered by the Court Data Services Subscriber Amendment. None of these provisions alter the Governmental Unit internal discipline processes, including those governed by a collective bargaining agreement. 9.2.1 For BCA systems and tools that are not covered by the Court Data Services Subscriber Amendment, Governmental Unit must determine if and when an involved Individual User’s access to systems or tools is to be temporarily or permanently eliminated. The decision to suspend or terminate access may be made as soon as alleged violation is discovered, after notice of an alleged violation is received, or after an investigation has occurred. Governmental Unit must report the status of the Individual User’s access to BCA without delay. BCA reserves the right to make a different determination concerning an Individual User’s access to systems or tools than that made by Governmental Unit and BCA’s determination controls. 9.2.2 If BCA determines that Governmental Unit has jeopardized the integrity of the systems or tools covered in this Clause 9.2, BCA may temporarily stop providing some or all the systems or tools under this Agreement until the failure is remedied to the BCA’s satisfaction. If Governmental Unit’s failure is continuing or repeated, Clause 11.1 does not apply and BCA may terminate this Agreement immediately. SWIFT Contract # 206044 MN027021A 6 DPS/BCA CJDN JPA_March 2021 9.3 Sanctions Involving Only Court Data Services The following provisions apply to those systems and tools covered by the Court Data Services Subscriber Amendment, if it has been signed by Governmental Unit. As part of the agreement between the Court and the BCA for the delivery of the systems and tools that are covered by the Court Data Services Subscriber Amendment, BCA is required to suspend or terminate access to or use of the systems and tools either on its own initiative or when directed by the Court. The decision to suspend or terminate access may be made as soon as an alleged violation is discovered, after notice of an alleged violation is received, or after an investigation has occurred. The decision to suspend or terminate may also be made based on a request from the Authorized Representative of Governmental Unit. The agreement further provides that only the Court has the authority to reinstate access and use. 9.3.1 Governmental Unit understands that if it has signed the Court Data Services Subscriber Amendment and if Governmental Unit’s Individual Users violate the provisions of that Amendment, access and use will be suspended by BCA or Court. Governmental Unit also understands that reinstatement is only at the direction of the Court. 9.3.2 Governmental Unit further agrees that if Governmental Unit believes that one or more of its Individual Users have violated the terms of the Amendment, it will notify BCA and Court so that an investigation as described in Clause 9.1 may occur. 10 Venue Venue for all legal proceedings involving this Agreement, or its breach, must be in the appropriate state or federal court with competent jurisdiction in Ramsey County, Minnesota. 11 Termination 11.1 Termination. The BCA or the Governmental Unit may terminate this Agreement at any time, with or without cause, upon 30 days’ written notice to the other party’s Authorized Representative. 11.2 Termination for Insufficient Funding. Either party may immediately terminate this Agreement if it does not obtain funding from the Minnesota Legislature, or other funding source; or if funding cannot be continued at a level sufficient to allow for the payment of the services covered here. Termination must be by written notice to the other party’s authorized representative. The Governmental Unit is not obligated to pay for any services that are provided after notice and effective date of termination. However, the BCA will be entitled to payment, determined on a pro rata basis, for services satisfactorily performed to the extent that funds are available. Neither party will be assessed any penalty if the agreement is terminated because of the decision of the Minnesota Legislature, or other funding source, not to appropriate funds. Notice of the lack of funding must be provided within a reasonable time of the affected party receiving that notice. 12 Continuing Obligations The following clauses survive the expiration or cancellation of this Agreement: Liability; Audits; Government Data Practices; 9. Investigation of Alleged Violations; Sanctions; and Venue. 季季季季季季季宗宋守季宅宄宏宄宑宆守季宒安季宗宋完宖季宓宄宊守季完宑宗守宑宗完宒宑宄宏宏宜季宏守安宗季宅宏宄宑宎 SWIFT Contract # 206044 MN027021A 7 DPS/BCA CJDN JPA_March 2021 The Parties indicate their agreement and authority to execute this Agreement by signing below. 1. GOVERNMENTAL UNIT Name: Mike Elliott___________________________________ (PRINTED) Signed: ____________________________________________ Title: Mayor_________________________________________ (with delegated authority) Date: ______________________________________________ Name: Barb Suciu____________________________________ (PRINTED) Signed: ____________________________________________ Title: City Clerk______________________________________ (with delegated authority) Date: ______________________________________________ 2. DEPARTMENT OF PUBLIC SAFETY, BUREAU OF CRIMINAL APPREHENSION Name: _____________________________________________ (PRINTED) Signed: ____________________________________________ Title: ______________________________________________ (with delegated authority) Date: ______________________________________________ 3. COMMISSIONER OF ADMINISTRATION As delegated to the Office of State Procurement By: ______________________________________________ Date: _____________________________________________ Member introduced the following resolution and moved its adoption: RESOLUTION NO. _______________ RESOLUTION APPROVING JOINT POWERS AGREEMENTS WITH THE STATE OF MINNESOTA DEPARTMENT OF PUBLIC SAFETY AND BUREAU OF CRIMINAL APPREHENSION WHEREAS, the City of Brooklyn Center on behalf of its Prosecuting Attorney and Police Department desires to enter into Joint Powers Agreements with the State of Minnesota, Department of Public Safety, Bureau of Criminal Apprehension to use systems and tools available over the State’s criminal justice data communications network for which the City is eligible. The Joint Powers Agreements further provide the City with the ability to add, modify and delete connectivity, systems and tools over the five-year life of the agreement and obligates the City to pay the costs for the network connection. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Brooklyn Center, Minnesota as follows: 1. That the State of Minnesota Joint Powers Agreements by and between the State of Minnesota acting through its Department of Public Safety, Bureau of Criminal Apprehension and the City of Brooklyn Center on behalf of its Prosecuting Attorney and Police Department, are hereby approved. 2. That the Acting Chief of Police, Tony Gruenig, or his successor, is designated the Authorized Representative for the Police Department. The Authorized Representative is also authorized to sign any subsequent amendment or agreement that may be required by the State of Minnesota to maintain the City’s connection to the systems and tools offered by the State. 3. That the Prosecuting Attorney, David K. Ross, or his successor, is designated the Authorized Representative for the Prosecuting Attorney. The Authorized Representative is also authorized to sign any subsequent amendment or agreement that may be required by the State of Minnesota to maintain the City’s connection to the systems and tools offered by the State. 4. That Mike Elliott, the Mayor for the City of Brooklyn Center, and Barb Suciu, the City Clerk, are authorized to sign the State of Minnesota Joint Powers Agreements. August 8, 2022 Date Mike Elliott, Mayor ATTEST: Barb Suciu, City Clerk RESOLUTION NO. _______________ The motion for the adoption of the foregoing resolution was duly seconded by member and upon vote being taken thereon, the following voted in favor thereof: and the following voted against the same: whereupon said resolution was declared duly passed and adopted.                   ! 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ŝƐƐƉĞĐŝĨŝĐƚŽƚŚĞĨŽƌŵĞƌƌŽŽŬĚĂůĞDĂůů͕ĂŶĚĂŶLJƌĞƵƐĞŽĨƚŚĞ^ƵďũĞĐƚWƌŽƉĞƌƚLJǁŽƵůĚƌĞƋƵŝƌĞĂƌĞͲnjŽŶŝŶŐ ƚŽĂŶĞǁWůĂŶŶĞĚhŶŝƚĞǀĞůŽƉŵĞŶƚĂƐƚŚĞĐƵƌƌĞŶƚWhŝŶƉůĂĐĞǁĂƐƐƚƌƵĐƚƵƌĞĚƚŽĂĐĐŽŵŵŽĚĂƚĞƚŚĞ ĐŽŶƚŝŶƵĞĚŽƉĞƌĂƚŝŽŶƐŽĨ^ĞĂƌƐĨŽůůŽǁŝŶŐĚĞŵŽůŝƚŝŽŶŽĨƚŚĞƌŽŽŬĚĂůĞDĂůůĂŶĚƌĞͲĚĞǀĞůŽƉŵĞŶƚŽĨƚŚĞ ƐƵƌƌŽƵŶĚŝŶŐůĂŶĚƐŝŶƚŽǁŚĂƚŝƐƚŚĞ^ŚŝŶŐůĞƌĞĞŬƌŽƐƐŝŶŐƌĞƚĂŝůĐĞŶƚĞƌƚŽĚĂLJ͘  ƐƉƌŽƉŽƐĞĚ͕ƚŚĞ^ƵďũĞĐƚWƌŽƉĞƌƚLJǁŽƵůĚƌĞƋƵŝƌĞĂƌĞͲnjŽŶŝŶŐƚŽWhͬDyͲ ;WůĂŶŶĞĚ hŶŝƚ ĞǀĞůŽƉŵĞŶƚͬƵƐŝŶĞƐƐDŝdžĞĚͲhƐĞͿŝƐƚƌŝĐƚ͕ǁŚŝĐŚĂůŝŐŶƐŵŽƌĞĐůŽƐĞůLJǁŝƚŚƚŚĞŝƚLJ͛ƐĐƵƌƌĞŶƚ/Ͳϭ;/ŶĚƵƐƚƌŝĂů WĂƌŬͿŝƐƚƌŝĐƚ͘'ŝǀĞŶƚŚŝƐƌĞͲĚĞƐŝŐŶĂƚŝŽŶ͕ƚŚĞŝƚLJŝƐĂůƐŽƌĞƋƵĞƐƚŝŶŐĂĨƵƚƵƌĞůĂŶĚƵƐĞƌĞͲĚĞƐŝŐŶĂƚŝŽŶŽĨƚŚĞ ^ƵďũĞĐƚWƌŽƉĞƌƚLJƵŶĚĞƌƚŚĞϮϬϰϬŽŵƉƌĞŚĞŶƐŝǀĞWůĂŶĨƌŽŵdK;dƌĂŶƐŝƚͲKƌŝĞŶƚĞĚĞǀĞůŽƉŵĞŶƚͿƚŽͲDh ;ƵƐŝŶĞƐƐDŝdžĞĚͲhƐĞͿ͘ ƉƉ͘EŽ͘ϮϬϮϮͲϬϬϰ WϬϲͬϮϯͬϮϬϮϮ WĂŐĞϱ  ^ŝƚĞĂƚĂ͗ ϮϬϰϬ>ĂŶĚhƐĞWůĂŶ͗dK;ϯϭ͘ϬϭͲϭϯϬǁĞůůŝŶŐhŶŝƚƐƉĞƌĐƌĞͿ EĞŝŐŚďŽƌŚŽŽĚ͗ĞŶƚĞŶŶŝĂů ƵƌƌĞŶƚŽŶŝŶŐ͗WůĂŶŶĞĚhŶŝƚĞǀĞůŽƉŵĞŶƚͬŽŵŵĞƌĐĞŝƐƚƌŝĐƚ;WhͬϮͿͮĞŶƚƌĂů ŽŵŵĞƌĐĞKǀĞƌůĂLJŝƐƚƌŝĐƚ ^ŝƚĞƌĞĂ͗ƉƉƌŽdžŝŵĂƚĞůLJϭϱĐƌĞƐ  ^ƵƌƌŽƵŶĚŝŶŐƌĞĂ͗ ŝƌĞĐƚŝŽŶϮϬϰϬ>ĂŶĚhƐĞWůĂŶŽŶŝŶŐdžŝƐƚŝŶŐ>ĂŶĚhƐĞ EŽƌƚŚdK WhͬϮŝƐƚƌŝĐƚĂŶĚĞŶƚƌĂů ŽŵŵĞƌĐĞKǀĞƌůĂLJŝƐƚƌŝĐƚ ŽŵŵĞƌĐŝĂů ^ŽƵƚŚZKt Eͬ ,ŝŐŚǁĂLJϭϬϬ;DĂũŽƌ,ŝŐŚǁĂLJͿ ĂƐƚdK WhͬϮŝƐƚƌŝĐƚĂŶĚĞŶƚƌĂů ŽŵŵĞƌĐĞKǀĞƌůĂLJŝƐƚƌŝĐƚ ŽŵŵĞƌĐŝĂů tĞƐƚdK Ϯ;ŽŵŵĞƌĐĞͿŝƐƚƌŝĐƚĂŶĚ ĞŶƚƌĂůŽŵŵĞƌĐĞKǀĞƌůĂLJ ŝƐƚƌŝĐƚ ŽŵŵĞƌĐŝĂů  ZYh^d^  WZ>/D/EZzE&/E>W>d ƐƉƌŽƉŽƐĞĚ͕ƚŚĞƉƉůŝĐĂŶƚŝŶƚĞŶĚƐƚŽƌĞͲƉůĂƚƚŚĞ^ƵďũĞĐƚWƌŽƉĞƌƚLJƚŽƐĂƚŝƐĨLJůĞŶĚŝŶŐƌĞƋƵŝƌĞŵĞŶƚƐĨŽƌ ƐĞƉĂƌĂƚĞĞŶƚŝƚŝĞƐĨŽƌĞĂĐŚďƵŝůĚŝŶŐ͘dŚĞĞdžŝƐƚŝŶŐZĞŐŝƐƚĞƌĞĚ>ĂŶĚ^ƵƌǀĞLJEŽ͘Ϭϵϯϲ͕ǁŚŝĐŚĞŶĐŽŵƉĂƐƐĞƐƚŚĞ ĨŽƌŵĞƌ^ĞĂƌƐĞƉĂƌƚŵĞŶƚ^ƚŽƌĞ͕^ĞĂƌƐƵƚŽĞŶƚĞƌ͕ĂŶĚƐŝƚĞŝŵƉƌŽǀĞŵĞŶƚƐ͕ǁŽƵůĚƚŚĞƌĞĨŽƌĞďĞƌĞͲƉůĂƚƚĞĚ ƚŽ ĂĐĐŽŵŵŽĚĂƚĞ ƚŚĞ ƚǁŽ ƉƌŽƉŽƐĞĚ ďƵŝůĚŝŶŐƐ ĂƐ >Žƚ ϭ͕ ůŽĐŬ ϭ ;ĂƉƉƌŽdžŝŵĂƚĞůLJ ϴ͘Ϭϳ ĂĐƌĞƐ ĂŶĚ ĞŶĐŽŵƉĂƐƐŝŶŐƵŝůĚŝŶŐŽĨĂƉƉƌŽdžŝŵĂƚĞůLJϭϭϬ͕ϬϬϬͲƐƋƵĂƌĞĨĞĞƚͿ͕ĂŶĚ>ŽƚϮ͕ůŽĐŬϭ;ĂƉƉƌŽdžŝŵĂƚĞůLJϳ͘ϭϵ ĂĐƌĞƐĂŶĚĞŶĐŽŵƉĂƐƐŝŶŐƵŝůĚŝŶŐŽĨĂƉƉƌŽdžŝŵĂƚĞůLJϭϮϬ͕ϬϬϬͲƐƋƵĂƌĞĨĞĞƚͿ͕ŽĨƚŚĞEKZd,ϭϬϬh^/E^^ WZ</d/KE͘  ůƚŚŽƵŐŚƚŚĞďƵŝůĚŝŶŐƐǁŽƵůĚďĞůŽĐĂƚĞĚŽŶƐĞƉĂƌĂƚĞůŽƚƐ͕ƚŚĞŝƌĂĐĐĞƐƐƉŽŝŶƚƐ͕ƚƌƵĐŬĐŽƵƌƚ͕ĂŶĚƐĞůĞĐƚƐŝƚĞ ŝŵƉƌŽǀĞŵĞŶƚƐǁŽƵůĚďĞǁŽƵůĚďĞƐŚĂƌĞĚ͘dŚĞƉƌŽƉŽƐĞĚƌĞĚĞǀĞůŽƉŵĞŶƚǁŽƵůĚĂůƐŽƌĞƋƵŝƌĞƐŚĂƌĞĚĂĐĐĞƐƐ ĂŐƌĞĞŵĞŶƚƐǁŝƚŚƚŚĞĂĚũĂĐĞŶƚ^ŚŝŶŐůĞƌĞĞŬƌŽƐƐŝŶŐ͕ŐŝǀĞŶƚŚĂƚƚŚĞŝƌƉƌŽƉŽƐĞĚŽĨĨĂĐĐĞƐƐŽĨĨϱϱƚŚǀĞŶƵĞ EŽƌƚŚĂŶĚĂůŽŶŐƚŚĞĨƌŽŶƚĂŐĞƌŽĂĚƌƵŶŶŝŶŐƉĂƌĂůůĞůƚŽ,ŝŐŚǁĂLJϭϬϬƌƵŶƐƚŚƌŽƵŐŚƚŚĞ^ŚŝŶŐůĞƌĞĞŬ ƌŽƐƐŝŶŐĚĞǀĞůŽƉŵĞŶƚ͘  dŚĞƉƉůŝĐĂŶƚŝŶĚŝĐĂƚĞĚƚŚĂƚƚŚĞƌĞĂƌĞŶŽƉƌŽƉŽƐĂůƐƚŽǀĂĐĂƚĞĂŶLJƉƵďůŝĐĞĂƐĞŵĞŶƚƐŽŶƚŚĞ^ƵďũĞĐƚ WƌŽƉĞƌƚLJĂƚƚŚŝƐƚŝŵĞ͖ƚŚĞƌĞĨŽƌĞ͕ŶŽƐĞƉĂƌĂƚĞǀĂĐĂƚŝŽŶƉƌŽĐĞƐƐŝƐƌĞƋƵŝƌĞĚ͘  ŝƚLJƐƚĂĨĨĐŽŶĚƵĐƚĞĚĂƌĞǀŝĞǁŽĨƚŚĞƐƵďŵŝƚƚĞĚƉƌĞůŝŵŝŶĂƌLJĂŶĚĨŝŶĂůƉůĂƚĂŐĂŝŶƐƚŝƚLJŽĚĞƌĞƋƵŝƌĞŵĞŶƚƐ͕ ĂŶĚƐƉĞĐŝĨŝĐĂůůLJ^ĞĐƚŝŽŶϭϱ;PlattingͿŽĨƚŚĞŝƚLJŽĚĞŽĨKƌĚŝŶĂŶĐĞƐĂŶĚŝŶĚŝĐĂƚĞĚƚŚĂƚĂϭϬͲĨŽŽƚĚƌĂŝŶĂŐĞ ĂŶĚƵƚŝůŝƚLJĞĂƐĞŵĞŶƚǁŽƵůĚŶĞĞĚĚĞĚŝĐĂƚŝŽŶŽŶƚŚĞƉůĂƚĂƌŽƵŶĚƚŚĞĞŶƚŝƌĞƉĞƌŝŵĞƚĞƌŽĨƚŚĞ^ƵďũĞĐƚ WƌŽƉĞƌƚLJ͘ůůƉƌŽƉŽƐĞĚƵƚŝůŝƚŝĞƐĂŶĚƐƚŽƌŵǁĂƚĞƌŵĂŶĂŐĞŵĞŶƚĨĂĐŝůŝƚŝĞƐǁŝůůŶĞĞĚƚŽďĞĐŽŶƐƚƌƵĐƚĞĚǁŝƚŚŝŶ ƚŚŝƐĞĂƐĞŵĞŶƚĂŶĚĂŶĂĚĚŝƚŝŽŶĂůƵƚŝůŝƚLJĞĂƐĞŵĞŶƚǁŽƵůĚŶĞĞĚƚŽďĞĚĞĚŝĐĂƚĞĚŽŶƚŚĞƉůĂƚĨŽƌĂŶLJƉƌŝǀĂƚĞ ǁĂƚĞƌŵĂŝŶĂŶĚƐĂŶŝƚĂƌLJůŝŶĞƐƚŽĂĐĐŽƵŶƚĨŽƌĨƵƚƵƌĞŵĂŝŶƚĞŶĂŶĐĞĂĐĐĞƐƐĂŶĚƉĞƌƚŚĞhƚŝůŝƚLJ&ĂĐŝůŝƚŝĞƐ ĂƐĞŵĞŶƚŐƌĞĞŵĞŶƚ͕ǁŚŝĐŚǁŝůůĂůƐŽďĞƌĞƋƵŝƌĞĚĂƐĂĐŽŶĚŝƚŝŽŶŽĨĂƉƉƌŽǀĂů͘  ƉƉ͘EŽ͘ϮϬϮϮͲϬϬϰ WϬϲͬϮϯͬϮϬϮϮ WĂŐĞϲ ƐŶŽƚĞĚŝŶƚŚĞƌĞĚůŝŶĞƐƉƌŽǀŝĚĞĚďLJŝƚLJƐƚĂĨĨ͕ƚŚĞƉƉůŝĐĂŶƚǁŝůůŶĞĞĚƚŽƌĞǀŝƐĞƚŚĞƐƵďŵŝƚƚĞĚĨŝŶĂůƉůĂƚƚŽ ĂĐĐŽƵŶƚĨŽƌŵŝƐƐŝŶŐĚƌĂŝŶĂŐĞĂŶĚƵƚŝůŝƚLJĞĂƐĞŵĞŶƚƐ͕ŵŝƐƐŝŶŐƐƋƵĂƌĞĨŽŽƚĂŐĞƚŽƚĂůƐĨŽƌĞĂĐŚƉƌŽƉŽƐĞĚůŽƚ͕ ĂƐƌĞƋƵŝƌĞĚƵŶĚĞƌ^ĞĐƚŝŽŶϭϱͲϭϬϱ͘͘ď͘ϭ;PlattingͿ͕ĂŶĚĂĚĚƌĞƐƐŵŝŶŽƌĐŽŵŵĞŶƚƐƌĞŐĂƌĚŝŶŐƚŚĞůŽĐĂƚŝŽŶƐ ŽĨĐĞƌƚĂŝŶƐLJŵďŽůŽŐLJĂŶĚďĞĂƌŝŶŐƐ͘ Based on the above noted findings, City staff recommends the Planning Commission recommend City Council approval of the submitted preliminary and final plat for the NORTH 100 BUSINESS PARK ADDITION, subject to the Applicant complying with the outlined Conditions of Approval, and approval of the related site and building plan, Planned Unit Development/re-zoning, Zoning Code text amendment, and Comprehensive Plan Amendment requests. KDWZ,E^/sW>EDEDEd ĐŽŵƉƌĞŚĞŶƐŝǀĞƉůĂŶĂŵĞŶĚŵĞŶƚŝƐƌĞƋƵŝƌĞĚĂŶLJƚŝŵĞĂĐŽŵŵƵŶŝƚLJĐŚĂŶŐĞƐĂŶLJƉĂƌƚŽĨĂŵƵŶŝĐŝƉĂůŝƚLJ͛Ɛ ĂĚŽƉƚĞĚĐŽŵƉƌĞŚĞŶƐŝǀĞƉůĂŶ͕ŝŶĐůƵĚŝŶŐ͕ďƵƚŶŽƚůŝŵŝƚĞĚƚŽ͗ x ŚĂŶŐĞƐƌĞƐƵůƚŝŶŐĨƌŽŵŶĞŝŐŚďŽƌŚŽŽĚŽƌƐŵĂůůĂƌĞĂƉůĂŶŶŝŶŐĂĐƚŝǀŝƚŝĞƐ x >ĂŶĚƵƐĞĐŚĂŶŐĞƐƚŽĂůůŽǁĂƉƌŽƉŽƐĞĚĚĞǀĞůŽƉŵĞŶƚ x WƌŽƉŽƐĞĚĨŽƌĞĐĂƐƚĐŚĂŶŐĞƐƚŽƉƌŽƉŽƐĞĚDh^;DĞƚƌŽƉŽůŝƚĂŶhƌďĂŶ^ĞƌǀŝĐĞƌĞĂͿĐŚĂŶŐĞƐŝŶ ƐĞƌǀŝĐĞŽƌƐƚĂŐŝŶŐ x dĞdžƚĐŚĂŶŐĞƐƚŽƌĞǀŝƐĞĂƉŽůŝĐLJŽƌůĂŶĚƵƐĞĐĂƚĞŐŽƌLJ x ZŽƵƚŝŶĞƵƉĚĂƚĞƐƚŽŝŶĐŽƌƉŽƌĂƚĞŶĞǁŝŶĨŽƌŵĂƚŝŽŶŽƌƵƉĚĂƚĞĂƉƵďůŝĐĨĂĐŝůŝƚŝĞƐĂŐƌĞĞŵĞŶƚ dŚĞƐĞƌĞƋƵĞƐƚƐĂƌĞƵůƚŝŵĂƚĞůLJƐƵďŵŝƚƚĞĚƚŽƚŚĞDĞƚƌŽƉŽůŝƚĂŶŽƵŶĐŝůĨŽƌƌĞǀŝĞǁĂŶĚĨŝŶĂůĂƉƉƌŽǀĂů͖ ŚŽǁĞǀĞƌ͕ ƚŚĞLJ ƌĞƋƵŝƌĞ Ă ƌĞĐŽŵŵĞŶĚĂƚŝŽŶ ĨƌŽŵ ƚŚĞ ůŽĐĂů ƉůĂŶŶŝŶŐďŽĚLJ͕ ĂŶĚ ůŽĐĂů ŐŽǀĞƌŶŝŶŐ ďŽĚLJ ĂƵƚŚŽƌŝnjĂƚŝŽŶĨŽƌƚŚĞĂŵĞŶĚŵĞŶƚ͘/ŶĐĞƌƚĂŝŶĐĂƐĞƐ͕ĂŶĂĚũĂĐĞŶƚũƵƌŝƐĚŝĐƚŝŽŶĂůƌĞǀŝĞǁŝƐĂůƐŽƌĞƋƵŝƌĞĚƚŽ ĂůůŽǁĨŽƌŽƚŚĞƌĂĨĨĞĐƚĞĚŵƵŶŝĐŝƉĂůŝƚŝĞƐĂŶĚĚŝƐƚƌŝĐƚƐƚŽǁĞŝŐŚŝŶŽŶĂŶLJƉŽƚĞŶƚŝĂůŝŵƉĂĐƚƐ͘ dŚĞ^ƵďũĞĐƚWƌŽƉĞƌƚLJĐƵƌƌĞŶƚůLJŚĂƐĂĨƵƚƵƌĞůĂŶĚƵƐĞĚĞƐŝŐŶĂƚŝŽŶŽĨdƌĂŶƐŝƚͲKƌŝĞŶƚĞĚĞǀĞůŽƉŵĞŶƚ;dKͿ͕ ǁŚŝĐŚĂůůŽǁƐĨŽƌĂƌĂŶŐĞŽĨϯϭ͘ϬϭƚŽϭϯϬĚǁĞůůŝŶŐƵŶŝƚƐƉĞƌĂĐƌĞ͕ĂŶĚŝƐĂŶĞǁůĂŶĚƵƐĞĚĞƐŝŐŶĂƚŝŽŶƵŶĚĞƌ ƚŚĞϮϬϰϬŽŵƉƌĞŚĞŶƐŝǀĞWůĂŶ͘dŚĞƌĞƋƵĞƐƚŝƐƚŽƌĞͲĚĞƐŝŐŶĂƚĞƚŚĞ^ƵďũĞĐƚWƌŽƉĞƌƚLJƚŽƵƐŝŶĞƐƐDŝdžĞĚͲhƐĞ ;ͲDhͿ͕ǁŚŝĐŚŝƐĂůƐŽĂŶĞǁůĂŶĚƵƐĞĚĞƐŝŐŶĂƚŝŽŶƚŚĂƚŐƵŝĚĞƐĨŽƌĂŵŝdžŽĨďƵƐŝŶĞƐƐ͕ůŝŐŚƚŝŶĚƵƐƚƌŝĂů͕ĂŶĚ ƐƵƉƉŽƌƚŝŶŐƌĞƚĂŝůͬƐĞƌǀŝĐĞƵƐĞƐ͕ĂŶĚŝƐŝŶƚĞŶĚĞĚƚŽĐƌĞĂƚĞĂŵŽƌĞĚLJŶĂŵŝĐĂŶĚĐŽŶŶĞĐƚĞĚĞdžƉĞƌŝĞŶĐĞĨŽƌ ƉŽƚĞŶƚŝĂůǁŽƌŬĞƌƐŝŶƚŚĞƐĞĂƌĞĂƐ͘ ƵƌŝŶŐƚŚĞƵŶĚĞƌƚĂŬŝŶŐŽĨƚŚĞϮϬϰϬŽŵƉƌĞŚĞŶƐŝǀĞWůĂŶ͕ƚŚĞ^ƵďũĞĐƚWƌŽƉĞƌƚLJǁĂƐƐƚŝůůŝŶŽƉĞƌĂƚŝŽŶĂƐĂ ^ĞĂƌƐĚĞƉĂƌƚŵĞŶƚƐƚŽƌĞĂŶĚĂƵƚŽĐĞŶƚĞƌ͘dŚĞĂĨŽƌĞŵĞŶƚŝŽŶĞĚďƵƐŝŶĞƐƐĞƐĐůŽƐĞĚǁĞůůŝŶƚŽƚŚĞƵƉĚĂƚŝŶŐŽĨ ƚŚĞŝƚLJ͛ƐŽŵƉƌĞŚĞŶƐŝǀĞWůĂŶĂŶĚŐŝǀĞŶƚŚĂƚƚŚĞƉƌŽƉĞƌƚŝĞƐŚĂĚ;ϭͿĐŽŶƚŝŶƵŽƵƐůLJŽƉĞƌĂƚĞĚƐŝŶĐĞϭϵϲϮ͕ ;ϮͿ ŽǁŶĞƌƐŚŝƉŚĂĚƉƌŽǀŝĚĞĚŶŽĐůĞĂƌĚŝƌĞĐƚŝŽŶĂƐƚŽƚŚĞŝƌƉŽƚĞŶƚŝĂůƌĞͲƵƐĞ͕ĂŶĚ;ϯͿĂŵĂƌŬĞƚƐƚƵĚLJŚĂĚŶŽƚ LJĞƚďĞĞŶĐŽŵƉůĞƚĞĚ͕ƚŚĞŝƚLJŐƵŝĚĞĚƚŚĞ^ƵďũĞĐƚWƌŽƉĞƌƚLJƚŽdKŐŝǀĞŶŝƚƐƉƌŽdžŝŵŝƚLJƚŽĂƵƐZĂƉŝĚdƌĂŶƐŝƚ ;ZdͿƐƚŽƉ͕ĂŶĚŝƚƐĂďŝůŝƚLJƚŽŽĨĨĞƌĂďƌŽĂĚŵŝdžŽĨůĂŶĚƵƐĞŽƉƚŝŽŶƐ͕ǁŝƚŚĂŵŝŶŝŵƵŵŽĨϳϱͲƉĞƌĐĞŶƚŽĨƚŚŝƐ ĚĞƐŝŐŶĂƚŝŽŶƐůĂƚĞĚĨŽƌŚŝŐŚͲĚĞŶƐŝƚLJƌĞƐŝĚĞŶƚŝĂůƵƐĞ͕ĂŶĚƚŚĞƌĞŵĂŝŶŝŶŐϮϱͲƉĞƌĐĞŶƚƐůĂƚĞĚĨŽƌƐƵƉƉŽƌƚŝŶŐ ƌĞƚĂŝů͕ŽĨĨŝĐĞ͕ĂŶĚĐŽŵŵĞƌĐŝĂůƵƐĞƐ͘ůƚŚŽƵŐŚƚŚĞ^ƵďũĞĐƚWƌŽƉĞƌƚLJǁĂƐŝŶƚƌĂŶƐŝƚŝŽŶĚƵƌŝŶŐƚŚŝƐƉƌŽĐĞƐƐ͕ ƚŚĞϮϬϰϬŽŵƉƌĞŚĞŶƐŝǀĞWůĂŶĚĞŶŽƚĞƐƚŚĞ^ƵďũĞĐƚWƌŽƉĞƌƚLJĂƐĂ͞ƉŽƚĞŶƚŝĂůĂƌĞĂŽĨĐŚĂŶŐĞ͘͟ZĞĨĞƌƚŽDĂƉ ϮďĞůŽǁ͘ dŚĞϮϬϰϬŽŵƉƌĞŚĞŶƐŝǀĞWůĂŶƌĞĐŽŐŶŝnjĞĚƚŚĂƚŶŽƚĂůůŽĨƚŚĞƉƌŽƉĞƌƚŝĞƐŐƵŝĚĞĚƵŶĚĞƌƚŚĞdKĚĞƐŝŐŶĂƚŝŽŶ ǁŽƵůĚďĞĂƉƉƌŽƉƌŝĂƚĞŚŽƵƐŝŶŐƐŝƚĞƐ͕ĂŶĚŝŶĚŝĐĂƚĞĚƚŚĂƚŽƚŚĞƌĂƌĞĂƐ͕ƐƵĐŚĂƐƚŚĞŝƚLJ͛ƐKƉƉŽƌƚƵŶŝƚLJ^ŝƚĞ͕ ƉƉ͘EŽ͘ϮϬϮϮͲϬϬϰ WϬϲͬϮϯͬϮϬϮϮ WĂŐĞϳ ǁŽƵůĚůŝŬĞůLJƚĂŬĞƚŚĞďƵůŬŽĨŚŽƵƐŝŶŐŶĞĞĚƐ͖ǁŚĞƌĞĂƐŽƚŚĞƌƐŝƚĞƐůŽĐĂƚĞĚĂƌŽƵŶĚyĞƌdžĞƐĂŶĚƌŽŽŬůLJŶ ŽƵůĞǀĂƌĚǁŽƵůĚďĞŵŽƌĞĂĐĐŽŵŵŽĚĂƚŝŶŐĂŶĚĐĂƉĂďůĞŽĨƉƌŽǀŝĚŝŶŐĐŽŵŵĞƌĐŝĂůƵƐĞƐĂŶĚĂũŽďƐďĂƐĞ͘     DĂƉϮ͘ϮϬϰϬ&ƵƚƵƌĞ>ĂŶĚhƐĞWůĂŶĂŶĚZĞĚĞǀĞůŽƉŵĞŶƚƌĞĂƐǁŝƚŚ^ƵďũĞĐƚWƌŽƉĞƌƚLJ;ŚŝŐŚůŝŐŚƚĞĚŝŶLJĞůůŽǁͿ͘  dŚĂƚƐĂŝĚ͕ƚŚĞϮϬϰϬŽŵƉƌĞŚĞŶƐŝǀĞWůĂŶĚŝĚŶŽƚĐŽŶƚĞŵƉůĂƚĞůŝŐŚƚŝŶĚƵƐƚƌŝĂůĂŶĚďƵƐŝŶĞƐƐͲŵŝdžĞĚƵƐĞƐŽŶ ƚŚĞ^ƵďũĞĐƚWƌŽƉĞƌƚLJ͕ĂŶĚĂƐƐƵĐŚ͕ĂŽŵƉƌĞŚĞŶƐŝǀĞWůĂŶŵĞŶĚŵĞŶƚǁŽƵůĚďĞƌĞƋƵŝƌĞĚŝĨĂĚĞǀĞůŽƉŵĞŶƚ ǁĞƌĞƚŽŵŽǀĞĨŽƌǁĂƌĚ͘ĞƐƉŝƚĞƚŚĞ^ƵďũĞĐƚWƌŽƉĞƌƚLJ͛ƐƉƌŽdžŝŵŝƚLJƚŽĂĚũĂĐĞŶƚƚƌĂŶƐŝƚĂŶĚƐŚŽƉƉŝŶŐ͕ƚŚĞ ^ƵďũĞĐƚWƌŽƉĞƌƚLJ͕ĂŶĚƚŚŽƐĞƉƌŽƉĞƌƚŝĞƐĨƌŽŶƚŝŶŐƚŚŝƐƐŽƵƚŚĞƌŶĞdžƚĞŶƚŽĨyĞƌdžĞƐǀĞŶƵĞEŽƌƚŚĂƌĞƌĞůĂƚŝǀĞůLJ ŝƐŽůĂƚĞĚĨƌŽŵƚŚĞĂĚũĂĐĞŶƚĐĞŶƚĞƌƐŽĨĂĐƚŝǀŝƚLJĂůŽŶŐĂƐƐ>ĂŬĞZŽĂĚ;ŽƵŶƚLJZŽĂĚϭϬͿĂŶĚƌŽŽŬůLJŶ ŽƵůĞǀĂƌĚ͘  /ƚŝƐŚŽƉĞĚƚŚĂƚĂƌĞͲĚĞƐŝŐŶĂƚŝŽŶƚŽͲDhǁŽƵůĚĂĚĚƌĞƐƐƚŚĞϮϬϰϬŽŵƉƌĞŚĞŶƐŝǀĞWůĂŶ͛ƐŐŽĂůŽĨĐƌĞĂƚŝŶŐ ĂǀŝďƌĂŶƚďƵƐŝŶĞƐƐĐĞŶƚĞƌǀŝĂƚŚĞĐƌĞĂƚŝŽŶŽĨĞdžƉĞƌŝĞŶĐĞĂŶĚďLJƉƌŽŵŽƚŝŶŐĂŶĚĞŶĐŽƵƌĂŐŝŶŐďƵƐŝŶĞƐƐĞƐ͕ ĐŽŵŵĞƌĐŝĂůƵƐĞƌƐ͕ƌĞƚĂŝůĞƌƐ͕ĂŶĚŝŶƐŽŵĞĐĂƐĞƐ͕ŚŽƵƐĞŚŽůĚƐ͕ƚŽƉůĂŶĨŽƌŝŶƚĞƌĐŽŶŶĞĐƚĞĚƐLJƐƚĞŵƐƚŚĂƚƌĞƐƵůƚ ŝŶĂŵŽƌĞĂĐƚŝǀĞĂŶĚǀŝďƌĂŶƚĐĞŶƚĞƌ͘'ŝǀĞŶƚŚĂƚƚŚĞĂĚũĂĐĞŶƚ^ŚŝŶŐůĞƌĞĞŬƌŽƐƐŝŶŐĚĞǀĞůŽƉŵĞŶƚŚĂƐLJĞƚ ƚŽĨƵůůLJďƵŝůĚͲŽƵƚ͕ŝƚŝƐĂůƐŽŚŽƉĞĚƚŚĂƚƚŚĞĚƌĂǁŽĨĂĚĚŝƚŝŽŶĂůũŽďƐĂŶĚĂĐƚŝǀŝƚLJƚŽƚŚĞ^ƵďũĞĐƚWƌŽƉĞƌƚLJ ǁŽƵůĚĐƌĞĂƚĞƚŚĞĂĚĚŝƚŝŽŶĂůĞŶĞƌŐLJĂŶĚƚƌĂĨĨŝĐŶĞĞĚĞĚƚŽĚĞǀĞůŽƉƚŚĞƌĞŵĂŝŶŝŶŐ^ŚŝŶŐůĞƌĞĞŬƌŽƐƐŝŶŐ >ŽƚƐ͘  dŚĞϮϬϰϬŽŵƉƌĞŚĞŶƐŝǀĞWůĂŶŶŽƚĞƐƚŚĂƚƚŚĞŝƚLJŚĂƐĞdžƉĞƌŝĞŶĐĞĚƐŝŐŶŝĨŝĐĂŶƚĐŚĂŶŐĞŝŶƚŚĞƉĂƐƚĚĞĐĂĚĞ ǁŝƚŚƌĞƐƉĞĐƚƚŽŝƚƐĐŚĂŶŐŝŶŐĚĞŵŽŐƌĂƉŚŝĐƐĂŶĚůĂŶĚƵƐĞƉĂƚƚĞƌŶƐ͘tŝƚŚƚŚĞĐůŽƐƵƌĞŽĨƚŚĞƌŽŽŬĚĂůĞDĂůů ĂŶĚŶƵŵĞƌŽƵƐƐƵƉƉŽƌƚŝŶŐƌĞƚĂŝůĞƌƐĂŶĚƐĞƌǀŝĐĞƉƌŽǀŝĚĞƌƐ͕ĂŶĚƚŚĞŵĂũŽƌƐŚŝĨƚƐĂŶĚĐŚĂŶŐĞƐƚŽďƌŝĐŬƐĂŶĚ ŵŽƌƚĂƌƌĞƚĂŝů͕ƚŚĞŝƚLJ͛ƐĐŽƌĞĞĐŽŶŽŵŝĐĞŶŐŝŶĞĞĨĨĞĐƚŝǀĞůLJĨŝnjnjůĞĚŽƵƚ͕ůĞĂǀŝŶŐĂůĂƌŐĞĐŽŶƚŝŐƵŽƵƐĂƌĞĂŽĨ ǀĂĐĂŶƚĂŶĚƵŶĚĞƌƵƚŝůŝnjĞĚůĂŶĚŝŶƚŚĞĐŽƌĞŽĨƚŚĞŝƚLJ͘ƐƚŚĞŝƚLJ͛ƐĐŽƌĞŝƐĞĨĨĞĐƚŝǀĞůLJ;ƌĞͿďƵŝůƚŽƵƚ͕ƚŚĞƌĞ ĂƌĞůŝŵŝƚĞĚŽƉƉŽƌƚƵŶŝƚŝĞƐƚŽŝŶƚƌŽĚƵĐĞŶĞǁ͕ůŝŐŚƚĞƌŝŶĚƵƐƚƌŝĂůĂŶĚĨůĞdžͲƚLJƉĞƵƐĞƐƚŽƚŚĞŝƚLJ͘ƐƉƌŽƉŽƐĞĚ͕ ƚŚĞďƵŝůĚŝŶŐƐǁŽƵůĚĂĐĐŽŵŵŽĚĂƚĞďĞƚǁĞĞŶŽŶĞĂŶĚĨŽƵƌďƵƐŝŶĞƐƐĞƐƉĞƌďƵŝůĚŝŶŐĂŶĚƚŚĞƉƉůŝĐĂŶƚ ĂŶƚŝĐŝƉĂƚĞƐƚŚĞĐƌĞĂƚŝŽŶŽĨŽǀĞƌϮϬϬũŽďƐ͘dŚĞ^ƵďũĞĐƚWƌŽƉĞƌƚLJĂůƐŽĨĂůůƐǁŝƚŚŝŶƚŚĞŐĞŶĞƌĂůŝnjĞĚĐŽŵŵĞƌĐŝĂů ĂŶĚŝŶĚƵƐƚƌŝĂůŶŽĚĞŽƵƚůŝŶĞĚŝŶƚŚĞϮϬϰϬŽŵƉƌĞŚĞŶƐŝǀĞWůĂŶ͛Ɛ&ƌĞŝŐŚƚdĂŶĚ^LJƐƚĞŵDĂƉ;ZĞĨĞƌƚŽ DĂƉϯďĞůŽǁͿ͘  ƉƉ͘EŽ͘ϮϬϮϮͲϬϬϰ WϬϲͬϮϯͬϮϬϮϮ WĂŐĞϴ   DĂƉϯ͘ϮϬϰϬŽŵƉƌĞŚĞŶƐŝǀĞWůĂŶ&ƌĞŝŐŚƚdĂŶĚ^LJƐƚĞŵDĂƉ;ŚŝŐŚůŝŐŚƚĞĚŝŶLJĞůůŽǁͿ͘  dŚĞƌĞĚĞǀĞůŽƉŵĞŶƚŽĨƚŚĞ^ƵďũĞĐƚWƌŽƉĞƌƚLJǁŽƵůĚůŝŬĞůLJĐƌĞĂƚĞĂŵƵůƚŝͲĨĂĐĞƚĞĚĞĨĨĞĐƚ͕ŝŶŐĞŶĞƌĂƚŝŶŐŶĞǁ ƚĂdžďĂƐĞĨŽƌƚŚĞ^ƵďũĞĐƚWƌŽƉĞƌƚLJ͕ŝŶĚƌŝǀŝŶŐĂĚĚŝƚŝŽŶĂůƚƌĂĨĨŝĐĂŶĚďƵƐŝŶĞƐƐƚŽƚŚĞĂĚũĂĐĞŶƚ^ŚŝŶŐůĞƌĞĞŬ ƌŽƐƐŝŶŐƌĞƚĂŝůĚĞǀĞůŽƉŵĞŶƚďLJƚŚŽƐĞǁŽƌŬŝŶŐŽŶƚŚĞ^ƵďũĞĐƚWƌŽƉĞƌƚLJ͕ĂŶĚŝŶĂĚĚƌĞƐƐŝŶŐŝƚLJƐƚĂĨĨ͛ƐĚĂŝůLJ ĐŽŶĐĞƌŶƐǁŝƚŚƚŚĞŽǀĞƌĂůůƐĂĨĞƚLJĂŶĚƐĞĐƵƌĞŵĞŶƚŽĨƚŚĞƚǁŽďƵŝůĚŝŶŐƐ͘dŚĞ^ƵďũĞĐƚWƌŽƉĞƌƚLJ͛ƐƉƌŽdžŝŵŝƚLJ ƚŽƚŚĞĂĚũĂĐĞŶƚƵƐZĂƉŝĚdƌĂŶƐŝƚ;ZdͿůŝŶĞƐŽĨĨyĞƌdžĞƐǀĞŶƵĞEŽƌƚŚǁŽƵůĚĂůƐŽƐĞƌǀĞĂƐĂŶĂŵĞŶŝƚLJĨŽƌ ĂŶĚƉŽƚĞŶƚŝĂůĞŵƉůŽLJĞĞƐǁŽƌŬŝŶŐĂƚŽŶĞŽĨƚŚĞƉŽƚĞŶƚŝĂůďƵƐŝŶĞƐƐĞƐŽŶƚŚĞ^ƵďũĞĐƚWƌŽƉĞƌƚLJ͘  Based on the above noted findings, City staff recommends the Planning Commission recommend City Council approval of the requested amendment to the 2040 Comprehensive Plan to allow for a re- designation of the Subject Property from TOD (Transit-Oriented Development) to B-MU (Business Mixed-Use), subject to the Applicant complying with the outlined Conditions of Approval, approval of the related preliminary and final plat, site and building plan, Planned Unit Development/re-zoning, and Zoning Code text amendment requests, and contingent upon final approval from the Metropolitan Council.  KE/E'KDEDEd   DĂƉϰ͘ĞŶƚƌĂůŽŵŵĞƌĐĞKǀĞƌůĂLJŝƐƚƌŝĐƚĂŶĚ^ƵďũĞĐƚWƌŽƉĞƌƚLJ;ŚŝŐŚůŝŐŚƚĞĚŝŶďůĂĐŬͿ͘  ƉƉ͘EŽ͘ϮϬϮϮͲϬϬϰ WϬϲͬϮϯͬϮϬϮϮ WĂŐĞϵ KǀĞƌůĂLJĚŝƐƚƌŝĐƚƐŐĞŶĞƌĂůůLJĂƉƉůLJĂŶĞdžƚƌĂůĞǀĞůŽĨƌĞŐƵůĂƚŝŽŶƐŽƌĚĞǀĞůŽƉŵĞŶƚĐƌŝƚĞƌŝĂĂďŽǀĞƚŚĞƐƚĂŶĚĂƌĚ ƵŶĚĞƌůLJŝŶŐnjŽŶŝŶŐĚŝƐƚƌŝĐƚ͘dŚĞĞŶƚƌĂůŽŵŵĞƌĐĞKǀĞƌůĂLJŝƐƚƌŝĐƚŝƐĂŶĂƌĞĂƌŽƵŐŚůLJďŽƵŶĚĞĚďLJ/ͲϲϵϰŽŶ ƚŚĞŶŽƌƚŚ͕,ŝŐŚǁĂLJϭϬϬŽŶƚŚĞƐŽƵƚŚĂŶĚĞĂƐƚ͕ƌŽŽŬůLJŶŽƵůĞǀĂƌĚŽŶƚŚĞǁĞƐƚ͕ĂŶĚ^ŚŝŶŐůĞƌĞĞŬŽŶƚŚĞ ŶŽƌƚŚ͕ĂŶĚŝŶĐůƵĚĞƐĂƐƉĞĐŝĨŝĐůŝƐƚŽĨƉĞƌŵŝƚƚĞĚĂŶĚƉƌŽŚŝďŝƚĞĚƵƐĞƐ͘  /Ŷ:ƵůLJϮϬϭϴ͕ĂŶĚǁŝƚŚƚŚĞĐůŽƐƵƌĞŽĨƚŚĞ^ĞĂƌƐĞƉĂƌƚŵĞŶƚ^ƚŽƌĞŝŵŵŝŶĞŶƚ͕ŝƚLJŽƵŶĐŝůĂĚŽƉƚĞĚĂŶ ŝŶƚĞƌŝŵŽƌĚŝŶĂŶĐĞƚŽĂƵƚŚŽƌŝnjĞĂƐƚƵĚLJĂŶĚƉůĂĐĞĂŵŽƌĂƚŽƌŝƵŵŽŶƚŚĞ^ƵďũĞĐƚWƌŽƉĞƌƚLJ͕ĂƐŝƚǁĂƐƚŚĞůĂƐƚ ƌĞŵĂŝŶŝŶŐƌĞŵŶĂŶƚŽĨƚŚĞĨŽƌŵĞƌƌŽŽŬĚĂůĞDĂůůĂŶĚŚĂĚďĞĞŶĞdžĐůƵĚĞĚĨƌŽŵƚŚĞŵĂƐƚĞƌƉůĂŶŶŝŶŐ ĂĐƚŝǀŝƚŝĞƐ ƚŚĂƚ ƚŽŽŬ ƉůĂĐĞ ĂƐ ƉĂƌƚ ŽĨ ƚŚĞ ^ŚŝŶŐůĞ ƌĞĞŬ ƌŽƐƐŝŶŐ ƌĞĚĞǀĞůŽƉŵĞŶƚ͘ /ƚ ǁĂƐ ĚƵƌŝŶŐ ƚŚŝƐ ŵŽƌĂƚŽƌŝƵŵƚŚĂƚŝƚLJƐƚĂĨĨƌĞǀŝĞǁĞĚƚŚĞĞdžŝƐƚŝŶŐnjŽŶŝŶŐĐŽĚĞĂŶĚƐƵŐŐĞƐƚĞĚƐĞǀĞƌĂůĂŵĞŶĚŵĞŶƚƐƚŽƚŚĞ ĞŶƚƌĂůŽŵŵĞƌĐĞKǀĞƌůĂLJŝƐƚƌŝĐƚƚŽƌĞŵŽǀĞƚŚĞůĞĂƐƚĚĞƐŝƌĂďůĞƵƐĞƐĨƌŽŵďĞŝŶŐƉĞƌŵŝƚƚĞĚǁŝƚŚŝŶƚŚĞ ĞŶƚƌĂůŽŵŵĞƌĐĞKǀĞƌůĂLJŝƐƚƌŝĐƚ͘ǁŽƌŬƐĞƐƐŝŽŶǁĂƐŚĞůĚďLJŝƚLJŽƵŶĐŝůŝŶ:ƵůLJϮϬϭϵƚŽĨƵƌƚŚĞƌĂĚĚƌĞƐƐ ĂƉŽƚĞŶƚŝĂůůĂŶĚƵƐĞƐƚƵĚLJŽĨƚŚĞ^ƵďũĞĐƚWƌŽƉĞƌƚLJĂŶĚŵŽƌĂƚŽƌŝƵŵ͕ĂŶĚŝŶƵŐƵƐƚϮϬϭϵ͕ŝƚLJƐƚĂĨĨďƌŽƵŐŚƚ ĨŽƌƚŚĂŵĞŶĚĞĚůĂŶŐƵĂŐĞƚŚĂƚĐůĂƌŝĨŝĞĚƉĞƌŵŝƚƚĞĚĂŶĚƉƌŽŚŝďŝƚĞĚƵƐĞƐƵŶĚĞƌ^ĞĐƚŝŽŶϯϱͲϮϮϰϬ;CC Central Commerce Overlay DistrictͿ͕ǁŚŝĐŚǁĞƌĞƐƵďƐĞƋƵĞŶƚůLJĂƉƉƌŽǀĞĚďLJŝƚLJŽƵŶĐŝů͘  dŚĞƉƉůŝĐĂŶƚŝƐƌĞƋƵĞƐƚŝŶŐĂŶĂŵĞŶĚŵĞŶƚƚŽƚŚĞŽŶŝŶŐŽĚĞĂŶĚĂƐƐŽĐŝĂƚĞĚŵĂƉ;ƌĞĨĞƌƚŽDĂƉϰĂďŽǀĞͿ ƚŽƌĞŵŽǀĞƚŚĞ^ƵďũĞĐƚWƌŽƉĞƌƚLJĨƌŽŵƚŚĞĞŶƚƌĂůŽŵŵĞƌĐĞKǀĞƌůĂLJŝƐƚƌŝĐƚ͕ĂŶĚǁŚŽƐĞƵƐĞƐĂƌĞŽƵƚůŝŶĞĚ ŝŶ^ĞĐƚŝŽŶϯϱͲϮϮϰϬ;CC Central Commerce Overlay DistrictͿ͕ĂƐƚŚĞƉƌŽƉŽƐĞĚƵƐĂŐĞŝƐŶŽƚĞdžƉůŝĐŝƚůLJŽƵƚůŝŶĞĚ ĂƐĞŝƚŚĞƌĂƉĞƌŵŝƚƚĞĚŽƌƉƌŽŚŝďŝƚĞĚƵƐĞ͘ƐƚŚĞĚĞǀĞůŽƉŵĞŶƚƉƌŽƉŽƐĂůŝƐƐƉĞĐƵůĂƚŝǀĞŝŶŶĂƚƵƌĞ͕ŝƚLJƐƚĂĨĨ ŚĂƐǁŽƌŬĞĚǁŝƚŚƚŚĞƉƉůŝĐĂŶƚƚŽƉƵƚƉĂƌĂŵĞƚĞƌƐŽŶƚŚĞĨůĞdžŝďŝůŝƚŝĞƐƚŚĂƚǁŽƵůĚďĞŐƌĂŶƚĞĚƵŶĚĞƌƚŚŝƐ ƉƌŽƉŽƐĂůͶƐƉĞĐŝĨŝĐĂůůLJ͕ƚŚĂƚůŝŵŝƚƐďĞƉůĂĐĞĚŽŶƚŚĞŝŶĚƵƐƚƌŝĂůͬǁĂƌĞŚŽƵƐĞƵƐĂŐĞŽĨƚŚĞ^ƵďũĞĐƚWƌŽƉĞƌƚLJ͕ ĂŶĚƚŚĂƚŶŽŽƵƚĚŽŽƌƐƚŽƌĂŐĞďĞƉĞƌŵŝƚƚĞĚ͘  ŝƚLJƐƚĂĨĨĨĞĞůƐƚŚĂƚƚŚĞƐĞƌĞƋƵĞƐƚƐĂƌĞŝŶŬĞĞƉŝŶŐǁŝƚŚƚŚĞŝŶƚĞŶƚŽĨƚŚĞĂŵĞŶĚŵĞŶƚƐĂƉƉƌŽǀĞĚŝŶϮϬϭϵďLJ ŝƚLJŽƵŶĐŝů͕ǁŚŝĐŚƉůĂĐĞĚĂĚĚŝƚŝŽŶĂůƉƌŽŚŝďŝƚŝŽŶƐŽŶĂƵƚŽƌĞƉĂŝƌĞƐƚĂďůŝƐŚŵĞŶƚƐ;ŝ͘Ğ͘ĞdžŝƐƚŝŶŐĂƵƚŽƌĞƉĂŝƌ ĞƐƚĂďůŝƐŚŵĞŶƚƐĐĂŶĐŽŶƚŝŶƵĞĂƐůĂǁĨƵůůLJĞdžŝƐƚŝŶŐƐŽůŽŶŐĂƐŝŶĐŽŶƚŝŶƵĞĚŽƉĞƌĂƚŝŽŶƉƌŝŽƌƚŽKĐƚŽďĞƌϭ͕ ϮϬϭϵͿ͕ŐĂƐƐƚĂƚŝŽŶƐ͕ƚƌƵĐŬĂŶĚƚƌĂŝůĞƌƌĞŶƚĂůĞƐƚĂďůŝƐŚŵĞŶƚƐ͕ĂŶĚŝŶĚŽŽƌƐƚŽƌĂŐĞĞƐƚĂďůŝƐŚŵĞŶƚƐ͘dŚĞ ĞŶƚƌĂů ŽŵŵĞƌĐĞ KǀĞƌůĂLJ ŝƐƚƌŝĐƚ ŚĂƐ ůŽŶŐ ŚĞůĚ ƉƌŽŚŝďŝƚŝŽŶƐ ŽŶ ƐƚĂŶĚĂůŽŶĞ ƐĂƵŶĂ ĂŶĚ ŵĂƐƐĂŐĞ ĞƐƚĂďůŝƐŚŵĞŶƚƐ͕ĐƵƌƌĞŶĐLJĞdžĐŚĂŶŐĞƐ͕ƉĂǁŶƐŚŽƉƐ͕ĂŶĚƐĞĐŽŶĚŚĂŶĚŐŽŽĚƐĚĞĂůĞƌƐ͘  ƐƉĂƌƚŽĨƚŚĞŽŶŐŽŝŶŐŽŶŝŶŐŽĚĞƵƉĚĂƚĞ͕ƚŚĞĞŶƚƌĂůŽŵŵĞƌĐĞKǀĞƌůĂLJŝƐƚƌŝĐƚŝƐƐůĂƚĞĚĨŽƌƌĞŵŽǀĂů͖ ŚŽǁĞǀĞƌ͕ĂƐƚŚĂƚǁŽƌŬŝƐŶŽƚLJĞƚĐŽŵƉůĞƚĞ͕ƚŚĞƐƵďŵŝƚƚĞĚƉƌŽƉŽƐĂůƌĞƋƵĞƐƚƐƚŚĞƌĞŵŽǀĂůŽĨƚŚŝƐƉƌŽƉĞƌƚLJ ĨƌŽŵƚŚĞKǀĞƌůĂLJŝƐƚƌŝĐƚ͘/ŶϮϬϭϵ͕ĂƐŝŵŝůĂƌƌĞƋƵĞƐƚǁĂƐŵĂĚĞĂŶĚĂƉƉƌŽǀĞĚďLJŝƚLJŽƵŶĐŝůĂƐƉĂƌƚŽĨƚŚĞ ƌĞĚĞǀĞůŽƉŵĞŶƚŽĨƚŚĞĨŽƌŵĞƌ:ĞƌƌLJ͛Ɛ&ŽŽĚƐƐŝƚĞ;ϱϴϬϭĂŶĚϱϴϬϯyĞƌdžĞƐǀĞŶƵĞEŽƌƚŚͿŝŶƚŽĂĐŽŵďŝŶĞĚ ϮϳϬͲƵŶŝƚƐŽĨŚŽƵƐŝŶŐĂĐƌŽƐƐƚǁŽŵƵůƚŝͲĨĂŵŝůLJƌĞƐŝĚĞŶƚŝĂůďƵŝůĚŝŶŐƐ͕ŶŽǁŬŶŽǁŶĂƐ^ŽŶĚĞƌ,ŽƵƐĞĂŶĚ ^ŽŶĚĞƌWŽŝŶƚĞ͕ĂŶĚĂƉƉƌŽǀĂůŽĨƚŚĞƌĞƐƚƉĂƌƚŵĞŶƚƐĞdžƉĂŶƐŝŽŶŝŶϮϬϮϭ;ϲϮϮϭ^ŚŝŶŐůĞƌĞĞŬWĂƌŬǁĂLJͿ ƌĞƋƵŝƌĞĚƌĞŵŽǀĂůĨƌŽŵƚŚĞKǀĞƌůĂLJŝƐƚƌŝĐƚĂƐǁĞůů͘  Based on the above noted findings, City staff recommends the Planning Commission recommend City Council approval of the requested amendment to the City’s Zoning Code to allow for the removal of the Subject Property, located at 1297 Shingle Creek Crossing, subject to the Applicant complying with the outlined Conditions of Approval, and approval of the related preliminary and final plat, site and building plan, Planned Unit Development/re-zoning, and Comprehensive Plan Amendment requests.  W>EEhE/ds>KWDEdͮZKE/E' ^ĞĐƚŝŽŶϯϱͲϯϱϱ;Planned Unit DevelopmentͿŽĨƚŚĞŝƚLJ͛ƐŽŶŝŶŐŽĚĞŶŽƚĞƐƚŚĂƚƵƉŽŶƚŚĞƌĞnjŽŶŝŶŐĨŽƌĂ Wh͕ƚŚĞĚŝƐƚƌŝĐƚƐŚĂůůďĞĚĞƐŝŐŶĂƚĞĚďLJƚŚĞůĞƚƚĞƌƐ͞Wh͟ĨŽůůŽǁĞĚďLJƚŚĞĂůƉŚĂŶƵŵĞƌŝĐĚĞƐŝŐŶĂƚŝŽŶŽĨ ƉƉ͘EŽ͘ϮϬϮϮͲϬϬϰ WϬϲͬϮϯͬϮϬϮϮ WĂŐĞϭϬ ƚŚĞƵŶĚĞƌůLJŝŶŐnjŽŶŝŶŐĚŝƐƚƌŝĐƚ͕ǁŚŝĐŚŵĂLJďĞĞŝƚŚĞƌƚŚĞƉƌŝŽƌnjŽŶŝŶŐĐůĂƐƐŝĨŝĐĂƚŝŽŶŽƌĂŶĞǁĐůĂƐƐŝĨŝĐĂƚŝŽŶ͘ 'ŝǀĞŶƚŚĂƚƚŚĞŵĂũŽƌƵƉĚĂƚĞƚŽƚŚĞŝƚLJŽŶŝŶŐŽĚĞŝƐĐƵƌƌĞŶƚůLJƵŶĚĞƌǁĂLJĂŶĚĐŚĂŶŐĞƐƚŽĚŝƐƚƌŝĐƚƐĂƌĞ ĂŶƚŝĐŝƉĂƚĞĚŝŶŽƌĚĞƌƚŽĂůŝŐŶǁŝƚŚƚŚĞϮϬϰϬŽŵƉƌĞŚĞŶƐŝǀĞWůĂŶ͕ƚŚĞƌĞƋƵĞƐƚǁŽƵůĚďĞƚŽƌĞͲnjŽŶĞĨŽůůŽǁŝŶŐ ŐƵŝĚĂŶĐĞĨƌŽŵƚŚĞϮϬϰϬŽŵƉƌĞŚĞŶƐŝǀĞWůĂŶĨƵƚƵƌĞůĂŶĚƵƐĞĚĞƐŝŐŶĂƚŝŽŶƐĨŽƌƚŚĞ^ƵďũĞĐƚWƌŽƉĞƌƚLJ͘dŚŝƐ ĂůůŽǁƐĨŽƌĨůĞdžŝďŝůŝƚLJǁŝƚŚŝŶƚŚĞŽŶŝŶŐŽĚĞĨŽƌĚĞǀĞůŽƉŵĞŶƚƐǁŚŝĐŚĂƌĞĞŝƚŚĞƌŶŽƚĚĞĨŝŶĞĚŽƌŽƵƚůŝŶĞĚĂƐ ĂƵƐĞƵŶĚĞƌƚŚĞĞdžŝƐƚŝŶŐƌĞŐƵůĂƚŝŽŶƐ͘WhƐĂƌĞŽĨƚĞŶƵƐĞĚƚŽĂĐŚŝĞǀĞĂŚŝŐŚĞƌƋƵĂůŝƚLJĚĞǀĞůŽƉŵĞŶƚ͕Žƌ ĂĐŚŝĞǀĞŽƚŚĞƌŝƚLJŐŽĂůƐ͕ŝŶĞdžĐŚĂŶŐĞĨŽƌnjŽŶŝŶŐĨůĞdžŝďŝůŝƚLJĨƌŽŵƚŚĞŝƚLJŽĚĞ͘  WhƐŵĂLJŽŶůLJĐŽŶƚĂŝŶƵƐĞƐĐŽŶƐŝƐƚĞŶƚǁŝƚŚƚŚĞŝƚLJ͛ƐŽŵƉƌĞŚĞŶƐŝǀĞWůĂŶĂŶĚƚŚĞƵŶŝƋƵĞŶĞƐƐŽĨĞĂĐŚ WhƌĞƋƵŝƌĞƐƚŚĂƚƐƉĞĐŝĨŝĐĂƚŝŽŶƐĂŶĚƐƚĂŶĚĂƌĚƐĨŽƌƐƚƌĞĞƚƐ͕ƵƚŝůŝƚŝĞƐ͕ƉƵďůŝĐĨĂĐŝůŝƚŝĞƐ͕ĂŶĚƚŚĞĂƉƉƌŽǀĂůŽĨĂ ůĂŶĚƐƵďĚŝǀŝƐŝŽŶŵĂLJďĞƐƵďũĞĐƚƚŽŵŽĚŝĨŝĐĂƚŝŽŶƐĨƌŽŵƚŚĞŝƚLJŽƌĚŝŶĂŶĐĞƐŐĞŶĞƌĂůůLJŐŽǀĞƌŶŝŶŐƚŚĞŵͶ ĞƐƐĞŶƚŝĂůůLJƚŚĞŝƚLJŽƵŶĐŝůŵĂLJĂƉƉƌŽǀĞƉůĂŶƐƚŚĂƚĂƌĞŶŽƚŝŶĐŽŵƉůŝĂŶĐĞǁŝƚŚƚŚĞƵƐƵĂůƐƉĞĐŝĨŝĐĂƚŝŽŶƐŽƌ ŽƌĚŝŶĂŶĐĞƌĞƋƵŝƌĞŵĞŶƚƐǁŚĞƌĞŝƚŝƐĨŽƵŶĚƚŚĂƚƐƵĐŚĂƌĞŶŽƚƌĞƋƵŝƌĞĚŝŶƚŚĞŝŶƚĞƌĞƐƚƐŽĨƌĞƐŝĚĞŶƚƐŽƌƚŚĞ ŝƚLJ͕ĂůƚŚŽƵŐŚƉůĂŶƐƐŚĂůůĐŽŵƉůLJǁŝƚŚĂůůǁĂƚĞƌƐŚĞĚ͕ƐƚĂƚĞ͕ĂŶĚĨĞĚĞƌĂůƐƚŽƌŵǁĂƚĞƌ͕ĞƌŽƐŝŽŶĐŽŶƚƌŽů͕ĂŶĚ ǁĞƚůĂŶĚƐƌĞƋƵŝƌĞŵĞŶƚƐ͘  ƐƉƌŽƉŽƐĞĚ͕ƚŚĞƌĞƋƵĞƐƚǁŽƵůĚďĞƚŽƌĞͲnjŽŶĞĨƌŽŵWhͬͲϮ;WůĂŶŶĞĚhŶŝƚĞǀĞůŽƉŵĞŶƚͬŽŵŵĞƌĐĞͿ ŝƐƚƌŝĐƚƚŽĂŶĞǁWhǁŝƚŚĂŶƵŶĚĞƌůLJŝŶŐƵƐŝŶĞƐƐDŝdžĞĚͲhƐĞĚĞƐŝŐŶĂƚŝŽŶ;WhͬDyͲͿ͘KĨĨŝĐŝĂůŽŶŝŶŐ DĂƉƌĞĐŽƌĚƐŝŶĚŝĐĂƚĞƚŚĂƚƚŚĞ^ƵďũĞĐƚWƌŽƉĞƌƚLJǁĂƐnjŽŶĞĚͲϮ;ZĞŐŝŽŶĂůƵƐŝŶĞƐƐŝƐƚƌŝĐƚͿŝŶϭϵϲϭ͕ďƵƚ ůĂƚĞƌnjŽŶŝŶŐŵĂƉƌĞĐŽƌĚƐŝŶĚŝĐĂƚĞƚŚĂƚƚŚĞƉƌŽƉĞƌƚLJǁĂƐĚĞƐŝŐŶĂƚĞĚĂƐĂϮ;ŽŵŵĞƌĐĞͿŝƐƚƌŝĐƚƉƌŽƉĞƌƚLJ ďLJϭϵϳϮ͘  /Ŷϭϵϵϵ͕ƚŚĞŝƚLJĂƉƉƌŽǀĞĚƚŚĞĞƐƚĂďůŝƐŚŵĞŶƚŽĨĂWůĂŶŶĞĚhŶŝƚĞǀĞůŽƉŵĞŶƚ ;WhͿ͕ ǁŚŝĐŚ ĐŽŵƉƌĞŚĞŶĚĞĚ͕ ͞ŶĞǁ ƐŝƚĞ ĂŶĚ ďƵŝůĚŝŶŐ ƉůĂŶ ĂƉƉƌŽǀĂůƐ ĨŽƌ ƚŚĞ ĞdžƉĂŶƐŝŽŶ͕ ƌĞĚĞǀĞůŽƉŵĞŶƚ͕ ĂŶĚ ƌĞũƵǀĞŶĂƚŝŽŶŽĨƚŚĞƌŽŽŬĚĂůĞZĞŐŝŽŶĂů^ŚŽƉƉŝŶŐĞŶƚĞƌ͕͟ĂŶĚĐĞƌƚĂŝŶǀĂƌŝĂƚŝŽŶƐƚŽĂůůŽǁĨŽƌƌĞĚƵĐĞĚ ŐƌĞĞŶ ƐƚƌŝƉƐ͕ ŶŽŶͲŵĂũŽƌ ƚŚŽƌŽƵŐŚĨĂƌĞ ƐĞƚďĂĐŬƐ͕ ƉĂƌŬŝŶŐ ĚŝŵĞŶƐŝŽŶĂů ƐƚĂŶĚĂƌĚƐ͕ ƉĂƌŬŝŶŐ ƌĂƚŝŽƐ͕ ĂŶĚ ŝŶĐƌĞĂƐĞƐŝŶĂůůŽǁĂďůĞƌĞƐƚĂƵƌĂŶƚƵƐĞĂŶĚĨƌĞĞƐƚĂŶĚŝŶŐƐŝŐŶĂŐĞ͘  /ŶϮϬϭϭ͕ƚŚĞŝƚLJĂƉƉƌŽǀĞĚŝƚLJŽƵŶĐŝůZĞƐŽůƵƚŝŽŶEŽ͘ϮϬϭϭͲϭϮϴ ;džŚŝďŝƚ Ϳ͕ ǁŚŝĐŚ ĂƉƉƌŽǀĞĚ ĂŶ ĂŵĞŶĚŵĞŶƚƚŽƚŚĞϭϵϵϵƌŽŽŬĚĂůĞZĞŐŝŽŶĂů^ŚŽƉƉŝŶŐĞŶƚĞƌDĂůůWhƌĞĚĞǀĞůŽƉŵĞŶƚƉůĂŶƐƚŚĞ^ƵďũĞĐƚ WƌŽƉĞƌƚLJŚĂĚďĞĞŶƐƵďũĞĐƚƚŽ͕ĂŶĚŝŶƌĞƐƉŽŶƐĞƚŽƌĞĐĞŶƚŝƚLJĂƉƉƌŽǀĂůƐĨŽƌƚŚĞ^ŚŝŶŐůĞƌĞĞŬƌŽƐƐŝŶŐ WůĂŶŶĞĚhŶŝƚĞǀĞůŽƉŵĞŶƚ͕ĂƐĂƉƉƌŽǀĞĚƵŶĚĞƌŝƚLJŽƵŶĐŝůZĞƐŽůƵƚŝŽŶEŽ͘ϮϬϭϭͲϴϱ͘dŚĞĂĨŽƌĞŵĞŶƚŝŽŶĞĚ ĂŵĞŶĚŵĞŶƚŝŶϮϬϭϭĂůůŽǁĞĚĨŽƌĐĞƌƚĂŝŶƉĂƌŬŝŶŐƌĂƚŝŽƌĞĚƵĐƚŝŽŶƐ͕ĂƌĞĚƵĐƚŝŽŶŝŶƚŚĞĚƌŝǀĞĂŝƐůĞƉĂƌŬŝŶŐ ǁŝĚƚŚƐ͕ĂŶĚĂnjĞƌŽͲůŽƚůŝŶĞƐĞƚďĂĐŬĂůŽŶŐĐĞƌƚĂŝŶƉŽƌƚŝŽŶƐŽĨƚŚĞ^ƵďũĞĐƚWƌŽƉĞƌƚLJ͘  dŚĞƉůĂŶƐƐƵďŵŝƚƚĞĚĂŶĚĂƐĐŽŶƚĞŵƉůĂƚĞĚƵŶĚĞƌWůĂŶŶŝŶŐŽŵŵŝƐƐŝŽŶƉƉůŝĐĂƚŝŽŶEŽ͘ϮϬϮϮͲϬϬϰǁŽƵůĚ ƌĞƋƵŝƌĞĐĞƌƚĂŝŶĨůĞdžŝďŝůŝƚŝĞƐƚŽĂĐĐŽƵŶƚĨŽƌƚŚĞƐƉĞĐƵůĂƚŝǀĞŶĂƚƵƌĞŽĨƚŚĞƚǁŽƉƌŽƉŽƐĞĚďƵƐŝŶĞƐƐƉĂƌŬƚLJƉĞ 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ĂƉƉƌŽǀĂůƉƌŽĐĞƐƐĨŽƌĂŶŽƚŚĞƌƉƌŽũĞĐƚŝŶƌĚĞŶ,ŝůůƐƚŽĚĞĨŝŶĞ͞ŶŽŶͲǁĂƌĞŚŽƵƐĞƵƐĞƐ͟ĂŶĚƉƌŽƉŽƐĞƐƚŽƵƚŝůŝnjĞ ƚŚĞƐĂŵĞůĂŶŐƵĂŐĞĨŽƌƚŚŝƐƌĞƋƵĞƐƚ͗  ͞tĂƌĞŚŽƵƐŝŶŐĂŶĚǁŚŽůĞƐĂůŝŶŐƐŚĂůůŶŽƚĞdžĐĞĞĚϴϬƉĞƌĐĞŶƚŽĨƚŚĞƚŽƚĂůĨůŽŽƌĂƌĞĂ͘dŚĞƌĞŵĂŝŶŝŶŐ ϮϬƉĞƌĐĞŶƚŽĨƚŚĞƚŽƚĂůĨůŽŽƌĂƌĞĂƐŚĂůůďĞŶŽŶͲǁĂƌĞŚŽƵƐĞƵƐĞƐƐƵĐŚĂƐĂĐŽŵďŝŶĂƚŝŽŶŽĨƵƐĞƐ ŝŶĐůƵĚŝŶŐ͕ďƵƚŶŽƚůŝŵŝƚĞĚƚŽ͕ŽĨĨŝĐĞ͕ŵĂŶƵĨĂĐƚƵƌŝŶŐ͕ƉƌŽĚƵĐƚŝŽŶ͕ƌĞƐĞĂƌĐŚĂŶĚĚĞǀĞůŽƉŵĞŶƚ͕ůĂď ĂŶĚͬŽƌƐŚŽǁƌŽŽŵ͘͟  dŚĞƉƉůŝĐĂŶƚĨƵƌƚŚĞƌŝŶĚŝĐĂƚĞĚŝŶƚŚĞŝƌƐƵďŵŝƚƚĞĚŶĂƌƌĂƚŝǀĞƚŚĂƚƚŚĞƐĞƚLJƉĞƐŽĨƵƐĞƐƚLJƉŝĐĂůůLJĂƚƚƌĂĐƚŽĨĨŝĐĞ͕ ǁĂƌĞŚŽƵƐĞ͕ŵĂŶƵĨĂĐƚƵƌŝŶŐ͕ƉƌŽĚƵĐƚŝŽŶ͕ůĂď͕ĂŶĚƌĞƐĞĂƌĐŚĂŶĚĚĞǀĞůŽƉŵĞŶƚƚLJƉĞƵƐĞƌƐ͘  &ŽƌƚŚĞƉƵƌƉŽƐĞƐŽĨĐĂůĐƵůĂƚŝŶŐƚƌŝƉŐĞŶĞƌĂƚŝŽŶĂŶĚƉĂƌŬŝŶŐŶĞĞĚƐ͕ƚŚĞƚƌĂĨĨŝĐŵĞŵŽƐƵďŵŝƚƚĞĚďLJƚŚĞ ƉƉůŝĐĂŶƚĐŽŶƚĞŵƉůĂƚĞƐĂŶϴϬƉĞƌĐĞŶƚŝŶĚƵƐƚƌŝĂůǁĂƌĞŚŽƵƐĞƵƐĞ͕ǁŝƚŚƌĞŵĂŝŶŝŶŐϮϬƉĞƌĐĞŶƚŽĨĨŝĐĞƵƐĞ͘ dŚĞƉƉůŝĐĂŶƚĨƵƌƚŚĞƌŝŶĚŝĐĂƚĞĚƚŚĂƚ͞ŶŽŶͲǁĂƌĞŚŽƵƐĞƵƐĞƐ͟ǁŽƵůĚƉƌŽǀŝĚĞůĞƐƐĐŽŶƐƚƌĂŝŶƚƐĨŽƌƉŽƚĞŶƚŝĂů ƵƐĞƌƐͶĨŽƌĞdžĂŵƉůĞ͕ƚŚĞƉƉůŝĐĂŶƚŚĂƐŝŶĚŝĐĂƚĞĚƚŚĂƚŵĞĚŝĐĂůŵĂŶƵĨĂĐƚƵƌŝŶŐƵƐĞƌƐǁŝůůƚLJƉŝĐĂůůLJƉƌŽǀŝĚĞ ůĞƐƐƚŚĂŶϮϬйŽĨĨŝĐĞƐƉĂĐĞ͖ŚŽǁĞǀĞƌ͕ƚŚĞLJĐŽƵůĚŚĂǀĞǁĞůůŽǀĞƌϮϬƉĞƌĐĞŶƚŽĨĂƐƉĂĐĞĂůůŽĐĂƚĞĚƚŽůĂď͕ ĐůĞĂŶƌŽŽŵƐ͕ĂŶĚƉƌŽĚƵĐƚŝŽŶƐƉĂĐĞ͘  ŝƚLJƐƚĂĨĨŝƐƐƵƉƉŽƌƚŝǀĞŽĨƚŚŝƐĨůĞdžŝďŝůŝƚLJ͕ƉĂƌƚŝĐƵůĂƌůLJĂƐƚŚĞĂĨŽƌĞŵĞŶƚŝŽŶĞĚϭϵϵϱWhĚĞǀĞůŽƉŵĞŶƚ ůŽĐĂƚĞĚŽĨĨWĂƌŬǁĂLJŝƌĐůĞĂŶĚ^ŚŝŶŐůĞƌĞĞŬWĂƌŬǁĂLJǁĂƐĂŵĞŶĚĞĚŝŶϮϬϭϵĂƐƚŚĞƵƐĞƌĞƐƚƌŝĐƚŝŽŶƐƉůĂĐĞĚ ŽŶĞĂĐŚŽĨƚŚĞďƵŝůĚŝŶŐƐŝŶƚŚĞĚĞǀĞůŽƉŵĞŶƚǁĞƌĞĨŽƵŶĚƚŽďĞƚŽŽƌĞƐƚƌŝĐƚŝǀĞĂŶĚƚŚĞĐŽŵďŝŶĂƚŝŽŶŽĨƵƐĞ ƌĞƐƚƌŝĐƚŝŽŶƐĂŶĚůŽǁĞƌĐůĞĂƌŚĞŝŐŚƚƐŚĂĚƌĞƐƵůƚĞĚŝŶŝƐƐƵĞƐĨŝůůŝŶŐǀĂĐĂŶĐŝĞƐ͘^ŝŶĐĞƚŚĞĂŵĞŶĚŵĞŶƚǁĂƐ ĂƉƉƌŽǀĞĚ͕ƚŚĞWƌŽƉĞƌƚLJKǁŶĞƌŽĨƚŚĂƚĚĞǀĞůŽƉŵĞŶƚŚĂƐďĞĞŶƐƵĐĐĞƐƐĨƵůĞŶƚŝƌĞůLJǀĂĐĂŶƚďƵŝůĚŝŶŐƐǁŝƚŚ ŶĞǁƵƐĞƌƐ͘  Ɛ ĂƉƉƌŽǀĂůŽĨ ĂŶLJ ĚĞǀĞůŽƉŵĞŶƚ ƉůĂŶ ĨŽƌ ƚŚĞ ^ƵďũĞĐƚ WƌŽƉĞƌƚLJƐŚĂůůĐŽŶƐƚŝƚƵƚĞĂƌĞͲnjŽŶŝŶŐƚŽWh͕ ĂƉƉƌŽǀĂůƐƚŽĞƐƚĂďůŝƐŚĂWhƌĞƋƵŝƌĞƚŚĞŝƚLJŽƵŶĐŝůƚŽďĂƐĞŝƚƐĂĐƚŝŽŶƐŽŶƚŚĞƌĞͲnjŽŶŝŶŐƵŶĚĞƌƚŚĞ ĨŽůůŽǁŝŶŐĐƌŝƚĞƌŝĂ͗ ϭ͘ŽŵƉĂƚŝďŝůŝƚLJŽĨƚŚĞƉůĂŶǁŝƚŚƚŚĞƐƚĂŶĚĂƌĚƐ͕ƉƵƌƉŽƐĞƐ͕ĂŶĚŝŶƚ ĞŶƚŽĨƚŚŝƐƐĞĐƚŝŽŶ;^ĞĐƚŝŽŶϯϱͲϯϱϱͿ͖ Ϯ͘ŽŶƐŝƐƚĞŶĐLJŽĨƚŚĞƉůĂŶǁŝƚŚƚŚĞŐŽĂůƐĂŶĚƉŽůŝĐŝĞƐŽĨƚŚĞŽŵƉƌĞŚĞŶƐŝǀĞWůĂŶ͖ ϯ͘dŚĞŝŵƉĂĐƚŽĨƚŚĞƉůĂŶŽŶƚŚĞŶĞŝŐŚďŽƌŚŽŽĚŝŶǁŚŝĐŚŝƚŝƐƚŽďĞůŽĐĂƚĞĚ͖ĂŶĚ ϰ͘dŚĞĂĚĞƋƵĂĐLJŽĨŝŶƚĞƌŶĂůƐŝƚĞŽƌŐĂŶŝnjĂƚŝŽŶ͕ƵƐĞƐ͕ĚĞŶƐŝƚŝĞƐ͕ĐŝƌĐƵůĂƚŝŽŶ͕ƉĂƌŬŝŶŐĨĂĐŝůŝƚŝĞƐ͕ƉƵďůŝĐ ĨĂĐŝůŝƚŝĞƐ͕ƌĞĐƌĞĂƚŝŽŶĂůĂƌĞĂƐ͕ŽƉĞŶƐƉĂĐĞƐ͕ĂŶĚďƵĨĨĞƌŝŶŐĂŶĚůĂŶĚƐĐĂƉŝŶŐ͘  tŝƚŚƌĞŐĂƌĚƚŽƚŚĞŝŶƚĞŶĚĞĚƌĞnjŽŶŝŶŐ͕^ĞĐƚŝŽŶϯϱͲϮϬϴ;Rezoning Evaluation Policy and Review GuidelinesͿ͕ ŽƵƚůŝŶĞƚŚĂƚŝƚŝƐƚŚĞŝƚLJ͛ƐƉŽůŝĐLJƚŚĂƚ͗ Ă͘ŽŶŝŶŐĐůĂƐƐŝĨŝĐĂƚŝŽŶƐŵƵƐƚďĞĐŽŶƐŝƐƚĞŶƚǁŝƚŚƚŚĞŽŵƉƌĞŚĞŶƐŝǀĞWůĂŶ͖ĂŶĚ ď͘ZĞnjŽŶŝŶŐ ƉƌŽƉŽƐĂůƐ ƐŚĂůů ŶŽƚ ĐŽŶƐƚŝƚƵƚĞ ͞ƐƉŽƚ njŽŶŝŶŐ͕͟ ĚĞĨŝŶĞĚĂƐ Ă njŽŶŝŶŐ ĚĞĐŝƐŝŽŶ ǁŚŝĐŚ ĚŝƐĐƌŝŵŝŶĂƚĞƐŝŶĨĂǀŽƌŽĨĂƉĂƌƚŝĐƵůĂƌůĂŶĚŽǁŶĞƌ͕ĂŶĚĚŽĞƐŶŽƚƌĞůĂƚĞƚŽƚŚĞŽŵƉƌĞŚĞŶƐŝǀĞWůĂŶ ŽƌƚŽĂĐĐĞƉƚĞĚƉůĂŶŶŝŶŐƉƌŝŶĐŝƉůĞƐ͘  &ƵƌƚŚĞƌŵŽƌĞ͕ƌĞƋƵĞƐƚƐĨŽƌƌĞͲnjŽŶŝŶŐƐƐŚŽƵůĚďĞĂƐƐĞƐƐĞĚĂŐĂŝŶƐƚĂƐĞƌŝĞƐŽĨŐƵŝĚĞůŝŶĞƐŽƵƚůŝŶĞĚƵŶĚĞƌƚŚĞ ŝƚLJ͛ƐŽŶŝŶŐŽĚĞ͗ Ă͘/ƐƚŚĞƌĞĂĐůĞĂƌĂŶĚƉƵďůŝĐŶĞĞĚŽƌďĞŶĞĨŝƚ͍ ď͘/ƐƚŚĞƉƌŽƉŽƐĞĚnjŽŶŝŶŐĐŽŶƐŝƐƚĞŶƚǁŝƚŚĂŶĚĐŽŵƉĂƚŝďůĞǁŝƚŚƐƵƌƌŽƵŶĚŝŶŐůĂŶĚƵƐĞĐůĂƐƐŝĨŝĐĂƚŝŽŶƐ͍ Đ͘ĂŶĂůůƉĞƌŵŝƚƚĞĚƵƐĞƐŝŶƚŚĞƉƌŽƉŽƐĞĚnjŽŶŝŶŐĚŝƐƚƌŝĐƚďĞĐŽŶƚĞŵƉůĂƚĞĚĨŽƌĚĞǀĞůŽƉŵĞŶƚŽĨƚŚĞ ^ƵďũĞĐƚWƌŽƉĞƌƚLJ͍ ƉƉ͘EŽ͘ϮϬϮϮͲϬϬϰ WϬϲͬϮϯͬϮϬϮϮ WĂŐĞϭϮ Ě͘,ĂǀĞƚŚĞƌĞďĞĞŶƐƵďƐƚĂŶƚŝĂůƉŚLJƐŝĐĂůŽƌnjŽŶŝŶŐĐůĂƐƐŝĨŝĐĂƚŝŽŶĐŚĂŶŐĞƐŝŶƚŚĞĂƌĞĂƐŝŶĐĞƚŚĞ^ƵďũĞĐƚ WƌŽƉĞƌƚLJǁĂƐnjŽŶĞĚ͍ Ğ͘/ŶƚŚĞĐĂƐĞŽĨŝƚLJͲŝŶŝƚŝĂƚĞĚƌĞnjŽŶŝŶŐƉƌŽƉŽƐĂůƐ͕ŝƐƚŚĞƌĞĂďƌŽĂĚƉƵďůŝĐƉƵƌƉŽƐĞĞǀŝĚĞŶƚ͍ Ĩ͘tŝůůƚŚĞ^ƵďũĞĐƚWƌŽƉĞƌƚLJďĞĂƌĨƵůůLJƚŚĞŽƌĚŝŶĂŶĐĞĚĞǀĞůŽƉŵĞŶƚƌĞƐƚƌŝĐƚŝŽŶƐĨŽƌƚŚĞƉƌŽƉŽƐĞĚ njŽŶŝŶŐĚŝƐƚƌŝĐƚƐ͍ Ő͘/ƐƚŚĞ^ƵďũĞĐƚWƌŽƉĞƌƚLJŐĞŶĞƌĂůůLJƵŶƐƵŝƚĞĚĨŽƌƵƐĞƐƉĞƌŵŝƚƚĞĚŝŶƚŚĞƉƌĞƐĞŶƚnjŽŶŝŶŐĚŝƐƚƌŝĐƚ͕ǁŝƚŚ ƌĞƐƉĞĐƚƚŽƐŝnjĞ͕ĐŽŶĨŝŐƵƌĂƚŝŽŶ͕ƚŽƉŽŐƌĂƉŚLJ͕ŽƌůŽĐĂƚŝŽŶ͍ Ś͘tŝůůƚŚĞƌĞnjŽŶŝŶŐƌĞƐƵůƚŝŶƚŚĞĞdžƉĂŶƐŝŽŶŽĨĂnjŽŶŝŶŐĚŝƐƚƌŝĐƚ͕ǁĂƌƌĂŶƚĞĚďLJ͗ ϭ͘ŽŵƉƌĞŚĞŶƐŝǀĞWůĂŶŶŝŶŐ͖ Ϯ͘dŚĞůĂĐŬŽĨĚĞǀĞůŽƉĂďůĞůĂŶĚŝŶƚŚĞƉƌŽƉŽƐĞĚnjŽŶŝŶŐĚŝƐƚƌŝĐƚ͖Žƌ ϯ͘dŚĞďĞƐƚŝŶƚĞƌĞƐƚƐŽĨƚŚĞĐŽŵŵƵŶŝƚLJ͍ ŝ͘ŽĞƐƚŚĞƉƌŽƉŽƐĂůĚĞŵŽŶƐƚƌĂƚĞŵĞƌŝƚďĞLJŽŶĚƚŚĞŝŶƚĞƌĞƐƚƐŽĨĂŶŽǁŶĞƌŽƌŽǁŶĞƌƐŽĨĂŶŝŶĚŝǀŝĚƵĂů ƉĂƌĐĞů͍ Based on the above noted findings, City staff recommends the Planning Commission recommend City Council approval of the requested establishment of a Planned Unit Development to allow for the re- zoning of the Subject Property, located at 1297 Shingle Creek Crossing, to Planned Unit Development- Business Mixed-Use District (PUD/MX-B), subject to the Applicant complying with the outlined Conditions of Approval, and approval of the related preliminary and final plat, site and building plan, Zoning Code text amendment, and Comprehensive Plan Amendment requests. ^/dEh/>/E'W>E Site Design dŚĞ^ƵďũĞĐƚWƌŽƉĞƌƚLJŝƐŚŽŵĞƚŽƚŚĞůĂƐƚƌĞŵĂŝŶŝŶŐƌĞŵŶĂŶƚŽĨƚŚĞĨŽƌŵĞƌƌŽŽŬĚĂůĞDĂůů͕ǁŚŝĐŚǁĂƐ ĚĞŵŽůŝƐŚĞĚŝŶƚŚĞĞĂƌůLJϮϬϭϬƐĂŶĚƌĞĚĞǀĞůŽƉĞĚŝŶƚŽƚŚĞ^ŚŝŶŐůĞƌĞĞŬƌŽƐƐŝŶŐƌĞƚĂŝůƐŚŽƉƉŝŶŐĐĞŶƚĞƌǁĞ ƐĞĞƚŽĚĂLJ͘dŚĞ^ĞĂƌƐĞƉĂƌƚŵĞŶƚ^ƚŽƌĞĂŶĚĂĚũĂĐĞŶƚ^ĞĂƌƐƵƚŽĞŶƚĞƌƌĞŵĂŝŶĞĚŽƉĞŶĂŶĚĂĐƚŝǀĞĂƐ ďƵƐŝŶĞƐƐĞƐƵƉƵŶƚŝůϮϬϭϴ͘dŽƚŚĂƚĞŶĚ͕^ŚŝŶŐůĞƌĞĞŬƌŽƐƐŝŶŐĞĨĨĞĐƚŝǀĞůLJĚĞǀĞůŽƉĞĚƐŽĂƐƚŽƉƌŝŵĂƌŝůLJ ĂĐĐŽŵŵŽĚĂƚĞƚŚĞŽďƚƌƵƐŝǀĞ^ĞĂƌƐĞƉĂƌƚŵĞŶƚ^ƚŽƌĞ͘  /ŵĂŐĞϯ͘^ƵďŵŝƚƚĞĚ^ŝƚĞWůĂŶĨŽƌ^ƵďũĞĐƚWƌŽƉĞƌƚLJ͘ ƉƉ͘EŽ͘ϮϬϮϮͲϬϬϰ WϬϲͬϮϯͬϮϬϮϮ WĂŐĞϭϯ Setbacks ƐƉƌŽƉŽƐĞĚ͕ƚŚĞ^ƵďũĞĐƚWƌŽƉĞƌƚLJǁŽƵůĚďĞƐƵďĚŝǀŝĚĞĚƚŽĂĐĐŽŵŵŽĚĂƚĞƚǁŽŶĞǁďƵŝůĚŝŶŐƐ͕ĂŶĚŽĨ ĂƉƉƌŽdžŝŵĂƚĞůLJϭϮϬ͕ϬϬϬĂŶĚϭϭϬ͕ϬϬϬͲƐƋƵĂƌĞĨĞĞƚŝŶƐŝnjĞ͘ƐƐƵŵŝŶŐƚŚĞƚǁŽŶĞǁůŽƚƐ͕ĂŶĚǁŝƚŚƌĞƐƉĞĐƚƚŽ ƚŚĞĚƌĂĨƚƵƐŝŶĞƐƐDŝdžĞĚͲhƐĞŝƐƚƌŝĐƚƉƌŽǀŝƐŝŽŶƐĂŶĚƚŚĞĐƵƌƌĞŶƚůLJĞŶĨŽƌĐĞ/Ͳϭ;/ŶĚƵƐƚƌŝĂůWĂƌŬͿŝƐƚƌŝĐƚ ƉƌŽǀŝƐŝŽŶƐĂƐƌĞĨĞƌĞŶĐĞ͕ƚŚĞĨŽůůŽǁŝŶŐďƵŝůĚŝŶŐƐĞƚďĂĐŬƐĂƌĞƉƌŽǀŝĚĞĚ͗  DŝŶŝŵƵŵ ^ĞƚďĂĐŬƐ;&ĞĞƚͿ DyͲ;ƵƐŝŶĞƐƐ DŝdžĞĚͲhƐĞͿͲƌĂĨƚ /Ͳϭ;/ŶĚƵƐƚƌŝĂů WĂƌŬͿͲƵƌƌĞŶƚ ƵŝůĚŝŶŐ ;ϭϭϬ͕ϬϬϬ^&Ϳ ƵŝůĚŝŶŐ ;ϭϮϬ͕ϬϬϬ^&Ϳ Front ϯϱϱϬϭϰϴϳϭ Corner Side ϯϱϱϬϴϯϱϴ Interior Side ϭϬϭϬϯϰϵϬ Rear ϮϱϮϱϵϴϵϵ dĂďůĞϭ͘džŝƐƚŝŶŐĂŶĚWƌŽƉŽƐĞĚ^ĞƚďĂĐŬƐĨŽƌ^ƵďũĞĐƚWƌŽƉĞƌƚLJ͘  Traffic | Access | Parking | Circulation | Connection ƐƉƌŽƉŽƐĞĚ͕ƉƌŝŵĂƌLJƐŝƚĞĂĐĐĞƐƐǁŽƵůĚďĞŐĂŝŶĞĚĨƌŽŵĂŶĞdžŝƐƚŝŶŐĚƌŝǀĞŽĨĨϱϱ ƚŚǀĞŶƵĞEŽƌƚŚĂŶĚyĞƌdžĞƐ ǀĞŶƵĞEŽƌƚŚŽŶƚŚĞǁĞƐƚ͕ǁŝƚŚĐŽŶŶĞĐƚŝŽŶƐƚŽƚŚĞƐƵƌƌŽƵŶĚŝŶŐĂĐĐĞƐƐĚƌŝǀĞƐƐŚĂƌĞĚǁŝƚŚĂĚũĂĐĞŶƚ ^ŚŝŶŐůĞƌĞĞŬƌŽƐƐŝŶŐƉƌŽƉĞƌƚŝĞƐ͘  dŚĞƚƌƵĐŬƌŽƵƚĞǁŽƵůĚďĞĂĐĐĞƐƐŝďůĞŝŶďŽƵŶĚĨƌŽŵƚŚĞŶŽƌƚŚĂŶĚƐŽƵƚŚĞŶƚƌĂŶĐĞƉŽŝŶƚƐǁŝƚŚŝŶ^ŚŝŶŐůĞ ƌĞĞŬƌŽƐƐŝŶŐ͖ŚŽǁĞǀĞƌ͕ƚƌƵĐŬƐǁŽƵůĚŶĞĞĚƚŽĞdžŝƚƚŚĞ^ƵďũĞĐƚWƌŽƉĞƌƚLJǀŝĂƚŚĞƐŽƵƚŚĂĐĐĞƐƐƌŽĂĚ͕ǁŚŝĐŚ ĐŽŶƚŝŶƵĞƐƵƉƚŽǁĂƌĚƐ^ŚŝŶŐůĞƌĞĞŬWĂƌŬǁĂLJĂŶĚĂƐƐ>ĂŬĞZŽĂĚ;ŽƵŶƚLJZŽĂĚϭϬͿ͘dŚŝƐŝƐƚŚĞƐĂŵĞĂĐĐĞƐƐ ƌŽĂĚƵƚŝůŝnjĞĚďLJƚƌƵĐŬƐŵĂŬŝŶŐĚĞůŝǀĞƌŝĞƐƚŽƚŚĞĂĚũĂĐĞŶƚtĂůŵĂƌƚ;ϭϮϬϬ^ŚŝŶŐůĞƌĞĞŬWĂƌŬǁĂLJͿ͘WƌŝŵĂƌLJ ƚƌƵĐŬĂĐĐĞƐƐǁŽƵůĚďĞŐĂŝŶĞĚĂůŽŶŐƚŚĞƐŽƵƚŚƉŽƌƚŝŽŶŽĨƚŚĞ^ƵďũĞĐƚWƌŽƉĞƌƚLJƵƚŝůŝnjŝŶŐĂŶĞdžƚĞŶƐŝŽŶŽĨƚŚĞ ĂĐĐĞƐƐƌŽĂĚƌƵŶŶŝŶŐƉĂƌĂůůĞůƚŽ,ŝŐŚǁĂLJϭϬϬĂŶĚƵƉƚŽ^ŚŝŶŐůĞƌĞĞŬWĂƌŬǁĂLJĂŶĚĂƐƐ>ĂŬĞZŽĂĚ;ŽƵŶƚLJ ZŽĂĚϭϬͿ͘dŚĞƉƉůŝĐĂŶƚŝŶĚŝĐĂƚĞƐƚŚĂƚǁŚŝůĞƚŚĞǁĞƐƚĞƌŶĚƌŝǀĞǁŽƵůĚďĞŵĂŝŶƚĂŝŶĞĚ͕ƐŝŐŶĂŐĞǁŽƵůĚďĞ ŝŶƐƚĂůůĞĚ͕ĂŶĚƚŚĞĚƌŝǀĞĂŝƐůĞƐŶĂƌƌŽǁƐŽĂƐƚŽŵŝŶŝŵŝnjĞƚŚĞůŝŬĞůŝŚŽŽĚŽĨƚƌƵĐŬĚƌŝǀĞƌƐƚƌĂǀĞƌƐŝŶŐƚŚƌŽƵŐŚ ƚŚĞǁĞƐƚĞƌŶĚƌŝǀĞĂŝƐůĞƚŽǁĂƌĚƐyĞƌdžĞƐǀĞŶƵĞEŽƌƚŚ;ƵŝůĚŝŶŐͿ͘  dŚĞŵĂŝŶĂĐĐĞƐƐĞŶƚƌLJŽĨĨyĞƌdžĞƐǀĞŶƵĞEŽƌƚŚ;ϱϱƚŚǀĞŶƵĞEŽƌƚŚͿǁĂƐŵŽĚŝĨŝĞĚƚŽƉƌŽǀŝĚĞŽŶĞŝŶͲďŽƵŶĚ ůĂŶĞ͕ǁŚŝĐŚǁŽƵůĚĞŶƚĞƌĂ͞d͟ŝŶƚĞƌƐĞĐƚŝŽŶŝŶƚĞƌŶĂůƚŽƚŚĞ^ƵďũĞĐƚWƌŽƉĞƌƚLJ͘dŚĞƉƉůŝĐĂŶƚŚĂƐŝŶĚŝĐĂƚĞĚ ƚŚĂƚ ƚŚĞLJ ŚĂǀĞ ďĞĞŶ ŝŶ ĐŽŵŵƵŶŝĐĂƚŝŽŶ ǁŝƚŚ ƚŚĞ ^ŚŝŶŐůĞ ƌĞĞŬ ƌŽƐƐŝŶŐ ƉƌŽƉĞƌƚLJ ŽǁŶĞƌ ;'ĂƚůŝŶ ĞǀĞůŽƉŵĞŶƚŽŵƉĂŶLJͿƌĞŐĂƌĚŝŶŐƚŚĞŝƌƉƌŽƉŽƐĞĚĞĂƐĞŵĞŶƚƉĂƌŬŝŶŐůŽƚŽĨϭϴƐƉĂĐĞƐ͕ĂĐĐĞƐƐ͕ĂŶĚƐŝƚĞ ŝŵƉƌŽǀĞŵĞŶƚƐ͘  ŝƚLJƐƚĂĨĨƌĞƋƵĞƐƚƐƚŚĂƚĂƐƉĂƌƚŽĨĂŶLJĂƉƉƌŽǀĂůƐ͕ƚŚĞƉƉůŝĐĂŶ ƚƐƵďŵŝƚĚĞƚĂŝůĞĚǀĞŚŝĐůĞƚƵƌŶŝŶŐĂŶĚƚƌĂĐŬŝŶŐ ŵŽǀĞŵĞŶƚĚŝĂŐƌĂŵƐĨŽƌĚĞůŝǀĞƌLJǀĞŚŝĐůĞƐĂŶĚŐĂƌďĂŐĞƚƌƵĐŬƐƚŽĚĞŵŽŶƐƚƌĂƚĞƐƉĞĐŝĨŝĐĂŶĚĂĐƚƵĂůƌŽƵƚĞƐ͘ /ƚŝƐĂůƐŽƌĞƋƵĞƐƚĞĚƚŚĂƚƚƌƵĐŬƚƌĂĨĨŝĐďĞĐŽŶĐĞŶƚƌĂƚĞĚĂůŽŶŐƚŚĞƐŽƵƚŚĂĐĐĞƐƐƌŽĂĚǁŚĞŶƉŽƐƐŝďůĞĂŶĚ ĚŝƌĞĐƚŝŽŶĂů ƐŝŐŶĂŐĞ ƉƌŽǀŝĚĞĚ ƐŽ ĂƐ ƚŽ ŵŝŶŝŵŝnjĞ ƚƌƵĐŬ ƚƌĂĨĨŝĐ ĂůŽŶŐ ƚŚĞ ŶŽƌƚŚ ĂŶĚ ǁĞƐƚ ĚƌŝǀĞƐ͕ ĂŶĚ ƉĂƌƚŝĐƵůĂƌůLJĂƐƚŚĞĚƌŝǀĞĂŝƐůĞǁŝĚƚŚƐĂŶĚƚƵƌŶƐĚŽŶŽƚĂƉƉĞĂƌĐŽŶĚƵĐŝǀĞƚŽƚƌƵĐŬƚƌĂĨĨŝĐ͘ŝƚLJƐƚĂĨĨŚĂƐĂůƐŽ ƐĞƚĂŶĞdžƉĞĐƚĂƚŝŽŶƚŚĂƚĐŽŶĨůŝĐƚƐďĞƚǁĞĞŶƉĞĚĞƐƚƌŝĂŶƐĂŶĚǀĞŚŝĐƵůĂƌƚƌĂĨĨŝĐĂůŽŶŐƚŚĞŶŽƌƚŚĚƌŝǀĞďĞ ŵŝŶŝŵŝnjĞĚƚŚƌŽƵŐŚƵƚŝůŝnjĂƚŝŽŶŽĨƚŚŝƐƐŽƵƚŚĂĐĐĞƐƐƌŽĂĚ͘  ƐƚŚĞƉƌŽũĞĐƚĞŶŐŝŶĞĞƌ;<ŝŵůĞLJͲ,ŽƌŶͿŚĂƐĂůƐŽĚĞƐŝŐŶĞĚĂŶĚŵĂŝŶƚĂŝŶĞĚƚŚĞWůĂŶŶĞĚhŶŝƚĞǀĞůŽƉŵĞŶƚ ŵĂƐƚĞƌƉůĂŶƐĨŽƌƚŚĞĂĚũĂĐĞŶƚ^ŚŝŶŐůĞƌĞĞŬƌŽƐƐŝŶŐ͕ŝƚǁĂƐŶŽƚĞĚƚŚĂƚƚŚĞƉƌŽƉŽƐĞĚƚƌƵĐŬĂĐĐĞƐƐƌŽƵƚŝŶŐ ǁŽƵůĚŵĂŝŶƚĂŝŶĐŽŶƐŝƐƚĞŶĐLJǁŝƚŚƚŚĞ^ŚŝŶŐůĞƌĞĞŬƌŽƐƐŝŶŐ;^ͿĞůŝǀĞƌLJŝƌĐƵůĂƚŝŽŶdžŚŝďŝƚƉƌŽǀŝĚĞĚŝŶ ƚŚĞŵĂƐƚĞƌƉůĂŶƐĞƚ͘  ƉƉ͘EŽ͘ϮϬϮϮͲϬϬϰ WϬϲͬϮϯͬϮϬϮϮ WĂŐĞϭϰ dŚĞƉƉůŝĐĂŶƚƐƵďŵŝƚƚĞĚĂĨƵůůĐŝǀŝůƉůĂŶƐĞƚ͕ŝŶĐůƵĚŝŶŐƐŝƚĞƉůĂŶƐĂŶĚĂƚƌĂĨĨŝĐŐĞŶĞƌĂƚŝŽŶŵĞŵŽ͕ƉƌĞƉĂƌĞĚ ďLJ<ŝŵůĞLJͲ,ŽƌŶ͕ĂŶĚůĂƐƚƌĞǀŝƐĞĚ:ƵŶĞϵ͕ϮϬϮϮ͘WĞƌŝƚLJƐƚĂĨĨƌĞƋƵĞƐƚ͕ƚŚĞŽƌŝŐŝŶĂůƚƌĂĨĨŝĐŐĞŶĞƌĂƚŝŽŶŵĞŵŽ ƉƌŽǀŝĚĞĚ͕ǁŚŝĐŚƐŽůĞůLJƌĞĨůĞĐƚĞĚĂŶŝŶĚƵƐƚƌŝĂůƵƐĞ͕ǁĂƐƌĞǀŝƐĞĚƚŽƌĞĨůĞĐƚϴϬͲƉĞƌĐĞŶƚŝŶĚƵƐƚƌŝĂůĂŶĚϮϬͲ ƉĞƌĐĞŶƚŽĨĨŝĐĞƵƐĞ͘ŝƚLJƐƚĂĨĨƌĞǀŝĞǁĞĚƚŚĞĂĨŽƌĞŵĞŶƚŝŽŶĞĚŵĞŵŽĂŶĚĚĞĞŵĞĚŝƚĂĐĐĞƉƚĂďůĞ͖ŚŽǁĞǀĞƌ͕ ƚŚĞƉƉůŝĐĂŶƚǁŝůůŶĞĞĚƚŽŵĞĞƚĂŶLJĂŶĚĂůůƌĞƋƵŝƌĞŵĞŶƚƐĂƐŽƵƚůŝŶĞĚŝŶƚŚĞƌĞǀŝĞǁƐĐŽŶĚƵĐƚĞĚďLJƚŚĞ DŝŶŶĞƐŽƚĂĞƉĂƌƚŵĞŶƚŽĨdƌĂŶƐƉŽƌƚĂƚŝŽŶĂŶĚ,ĞŶŶĞƉŝŶŽƵŶƚLJ͘  ,ĞŶŶĞƉŝŶŽƵŶƚLJƉƌŽǀŝĚĞĚĨĞĞĚďĂĐŬƚŽŝƚLJƐƚĂĨĨĨŽůůŽǁŝŶŐƌĞǀŝĞǁƐǁŝƚŚƚŚĞŝƌƉůĂƚƌĞǀŝĞǁĐŽŵŵŝƚƚĞĞ ƌĞƉƌĞƐĞŶƚĂƚŝǀĞƐĨƌŽŵƚƌĂĨĨŝĐŽƉĞƌĂƚŝŽŶƐĂŶĚďŝĐLJĐůĞĂŶĚƉĞĚĞƐƚƌŝĂŶƉůĂŶŶŝŶŐ͘dŚĞLJĂŶƚŝĐŝƉĂƚĞŵŝŶŝŵĂů ŝŵƉĂĐƚƐƚŽƌŽŽŬůLJŶŽƵůĞǀĂƌĚ;^,ϭϱϮͿ͕ĚĞƐƉŝƚĞĂĚĚŝƚŝŽŶĂůŵŽƌŶŝŶŐƉĞĂŬŚŽƵƌƚƌŝƉƐ͕ĂƐƚŚĞĐŚĂŶŐĞŝŶ ƵƐĞĨƌŽŵĚĞƉĂƌƚŵĞŶƚƐƚŽƌĞĂŶĚĂƵƚŽŵŽďŝůĞƉĂƌƚƐĂŶĚƐĞƌǀŝĐĞĐĞŶƚĞƌƚŽŝŶĚƵƐƚƌŝĂůĂŶĚŽĨĨŝĐĞǁŽƵůĚĐƌĞĂƚĞ ĂŶŽǀĞƌĂůůƌĞĚƵĐƚŝŽŶŝŶƚƌŝƉƐ͘  DŶKdŝŶŝƚŝĂůůLJƉƌĞƉĂƌĞĚĂŵĞŵŽŝŶDĂƌĐŚϮϬϮϮĂŶĚƌĞƋƵĞƐƚĞĚƚŚĂƚĂdƌĂĨĨŝĐ/ŵƉĂĐƚ^ƚƵĚLJďĞĐŽŵƉůĞƚĞĚ ƚŽĂĐĐƵƌĂƚĞůLJĞǀĂůƵĂƚĞŝŵƉĂĐƚƐƚŽƚŚĞƚƌƵŶŬŚŝŐŚǁĂLJƐLJƐƚĞŵ͘  ŝƚLJƐƚĂĨĨƌĞǀŝĞǁĞĚƚŚĞƐƵďŵŝƚƚĞĚŽǀĞƌĂůůƐŝƚĞƉůĂŶ;^ŚĞĞƚϯϬϬͿǁŝƚŚƚŚĞĂƐƐƵŵƉƚŝŽŶŽĨϴϬͲƉĞƌĐĞŶƚ ŝŶĚƵƐƚƌŝĂůĂŶĚϮϬͲƉĞƌĐĞŶƚŶŽŶͲǁĂƌĞŚŽƵƐĞƵƐĞ;ŝ͘Ğ͘͞ŽĨĨŝĐĞ͟ĨŽƌƚŚĞƉƵƌƉŽƐĞƐŽĨĐĂůĐƵůĂƚŝŶŐŵŝŶŝŵƵŵ ƉĂƌŬŝŶŐͿ͘^ŝŵŝůĂƌƐƚŝƉƵůĂƚŝŽŶƐǁĞƌĞƉůĂĐĞĚŽŶĂƉƉƌŽǀĂůŽĨWůĂŶŶŝŶŐŽŵŵŝƐƐŝŽŶƉƉůŝĐĂƚŝŽŶEŽ͘ϮϬϮϭͲϬϬϲ͕ ǁŚŝĐŚǁĂƐĂƉƉƌŽǀĞĚĨŽƌƚŚĞƌĞĚĞǀĞůŽƉŵĞŶƚŽĨĂĨŽƌŵĞƌďŽǁůŝŶŐĂůůĞLJůŽĐĂƚĞĚĂƚϲϰϰϬ:ĂŵĞƐŝƌĐůĞEŽƌƚŚ ĨŽƌĂŶĂƉƉƌŽdžŝŵĂƚĞůLJϲϰ͕ϬϬϬͲƐƋƵĂƌĞĨŽŽƚďƵƐŝŶĞƐƐͲĨůĞdžďƵŝůĚŝŶŐĂĚũĂĐĞŶƚƚŽĞdžŝƐƚŝŶŐŚŽƚĞůƐ͕ŽĨĨŝĐĞ͕ĂŶĚ ƌĞƐƚĂƵƌĂŶƚƐ͕ĂŶĚĂůƐŽůŽĐĂƚĞĚŝŶĂƉƌŽƉŽƐĞĚĂƌĞĂŽĨƌĞĚĞǀĞůŽƉŵĞŶƚƵŶĚĞƌƚŚĞϮϬϰϬŽŵƉƌĞŚĞŶƐŝǀĞWůĂŶ͘  ƐƐƵŵŝŶŐƚŚŝƐ͕ĂŵŝŶŝŵƵŵŽĨϯϲϴƉĂƌŬŝŶŐƐƉĂĐĞƐǁŽƵůĚďĞƌĞƋƵŝƌĞ ĚŽŶƚŚĞ^ƵďũĞĐƚWƌŽƉĞƌƚLJ͘ƐƉƌŽƉŽƐĞĚ͕ ƚŚĞƉƉůŝĐĂŶƚŚĂƐƉƌŽǀŝĚĞĚϯϱϳƉĂƌŬŝŶŐƐƉĂĐĞƐ͕ǁŝƚŚĂŶĂĚĚŝƚŝŽŶĂůϭϴƉĂƌŬŝŶŐƐƉĂĐĞƐƉƌŽƉŽƐĞĚĂƐƉĂƌƚŽĨ ĂŶĞĂƐĞŵĞŶƚƚŚĂƚǁŽƵůĚďĞůŽĐĂƚĞĚŽŶƚŚĞ^ŚŝŶŐůĞƌĞĞŬƌŽƐƐŝŶŐĚĞǀĞůŽƉŵĞŶƚ;ZĞĨĞƌƚŽdĂďůĞϮďĞůŽǁͿ͘ dŚĞƉƉůŝĐĂŶƚǁŽƵůĚŶĞĞĚƚŽǁŽƌŬǁŝƚŚƚŚĞĂĚũĂĐĞŶƚƉƌŽƉĞƌƚLJŽǁŶĞƌ;'ĂƚůŝŶĞǀĞůŽƉŵĞŶƚŽŵƉĂŶLJͿƚŽ ŽďƚĂŝŶĂŶLJŶĞĐĞƐƐĂƌLJƉĂƌŬŝŶŐĂŶĚĂĐĐĞƐƐĞĂƐĞŵĞŶƚƐ͘  WĂƌŬŝŶŐhƐĞDŝŶŝŵƵŵZĞƋƵŝƌĞĚWĂƌŬŝŶŐ^ƉĂĐĞƐWƌŽǀŝĚĞĚWĂƌŬŝŶŐ^ƉĂĐĞƐ;ŝŶďŽůĚͿ /ŶĚƵƐƚƌLJĂŶĚtŚŽůĞƐĂůĞ Note: Assumes approximately 184,000 square feet of this use (80%) One (1) space for every two (2) employees based upon maximum planned employment during any work period or one (1) space for each 800 square feet of gross floor area, whichever requirement is greater. (230 spaces) ^ĞĞdŽƚĂůĞůŽǁ EŽŶͲtĂƌĞŚŽƵƐĞ;͞KĨĨŝĐĞ͟ĨŽƌ ƉƵƌƉŽƐĞŽĨĐĂůĐƵůĂƚŝŶŐƉĂƌŬŝŶŐ ŽŶƐƉĞĐƵůĂƚŝǀĞďƵŝůĚŝŶŐƐͿ Note: Assumes approximately 46,000 square feet of this use (20%) Three (3) spaces for every 1,000 square feet of Gross Floor Area. (138 spaces) ^ĞĞdŽƚĂůĞůŽǁ WƌŽƉŽƐĞĚĂƐĞŵĞŶƚ^ƉĂĐĞƐ ;^ŚŝŶŐůĞƌĞĞŬƌŽƐƐŝŶŐͿ ϭϴƐƉĂĐĞƐ 8 spaces (301 to 400 spaces) ϭϮƐƉĂĐĞƐ dŽƚĂůZĞƋƵŝƌĞĚWĂƌŬŝŶŐϯϲϴƐƉĂĐĞƐ ;ƐƉĂĐĞƐŝŶĐŽƌƉŽƌĂƚĞĚŝŶƚŽƚŽƚĂůͿ ϯϱϳƐƉĂĐĞƐ;ŝŶĐůƵĚŝŶŐϭϮƐƉĂĐĞƐͿ dŽƚĂůWƌŽǀŝĚĞĚWĂƌŬŝŶŐ ϯϳϱƐƉĂĐĞƐ ;ƐƉĂĐĞƐĂŶĚƉƌŽƉŽƐĞĚĞĂƐĞŵĞŶƚ ƐƉĂĐĞƐŝŶĐŽƌƉŽƌĂƚĞĚŝŶƚŽƚŽƚĂůͿ dĂďůĞϮ͘DŝŶŝŵƵŵĂŶĚWƌŽǀŝĚĞĚWĂƌŬŝŶŐĨŽƌZĞĚĞǀĞůŽƉŵĞŶƚŽĨ^ƵďũĞĐƚWƌŽƉĞƌƚLJ;EŽƌƚŚϭϬϬƵƐŝŶĞƐƐWĂƌŬͿ͘ ƉƉ͘EŽ͘ϮϬϮϮͲϬϬϰ WϬϲͬϮϯͬϮϬϮϮ WĂŐĞϭϱ dŚĞƉƉůŝĐĂŶƚŚĂƐŝŶĚŝĐĂƚĞĚƚŚĂƚƚŚĞƉĂƌŬŝŶŐĐŽƵŶƚƐƉƌĞƐĞŶƚĞĚĂƌĞĐŽŶƐŝƐƚĞŶƚǁŝƚŚƚŚŽƐĞƚLJƉŝĐĂůůLJƉƌŽǀŝĚĞĚ ĨŽƌĂƐŝŵŝůĂƌĚĞǀĞůŽƉŵĞŶƚŽĨƚŚŝƐƐŝnjĞ͘  /ŶƌĞǀŝĞǁŝŶŐƚŚĞƉƌŽƉŽƐĞĚůŽĂĚŝŶŐďĞƌƚŚƐĂŶĚƚƌƵĐŬĐŽƵƌƚ͕ƚŚĞƐƵďŵŝƚƚĞĚƉůĂŶƐĐŽŵƉůLJǁŝƚŚƚŚĞŵŝŶŝŵƵŵ ďĞƌƚŚƌĞƋƵŝƌĞŵĞŶƚƐĂƐŽƵƚůŝŶĞĚŝŶ^ĞĐƚŝŽŶϯϱͲϲϬϬ; Off Street LoadingͿ͕ĂƐĂŵŝŶŝŵƵŵŽĨϰďĞƌƚŚƐǁŽƵůĚďĞ ƌĞƋƵŝƌĞĚĨŽƌďƵŝůĚŝŶŐƐƌĂŶŐŝŶŐďĞƚǁĞĞŶϭϬϬ͕ϬϬϬĂŶĚϮϱϬ͕ϬϬϬͲƐƋƵĂƌĞĨĞĞƚ͘dŚĞďĞƌƚŚƐǁŽƵůĚďĞůŽĐĂƚĞĚ ŵŽƌĞƚŚĂŶƚŚĞŵŝŶŝŵƵŵϮϱĨĞĞƚĨƌŽŵĂŶLJƌŝŐŚƚͲŽĨͲǁĂLJŝŶƚĞƌƐĞĐƚŝŽŶƐ͕ĂŶĚǁŽƵůĚďĞůŽĐĂƚĞĚŽƵƚƐŝĚĞŽĨĂŶLJ ƌĞƋƵŝƌĞĚLJĂƌĚƐ͘ŝŵĞŶƐŝŽŶͲǁŝƐĞ͕ƚŚĞĨŝƌƐƚďĞƌƚŚƌĞƋƵŝƌĞĚƐŚĂůůŶŽƚďĞůĞƐƐƚŚĂŶϭϮĨĞĞƚŝŶǁŝĚƚŚĂŶĚϱϬĨĞĞƚ ŝŶůĞŶŐƚŚ͕ǁŝƚŚĂĚĚŝƚŝŽŶĂůďĞƌƚŚƐƉƌŽǀŝĚŝŶŐĂƚůĞĂƐƚϭϮĨĞĞƚŝŶǁŝĚƚŚĂŶĚϮϱĨĞĞƚŝŶůĞŶŐƚŚ͘ŵŝŶŝŵƵŵ ŚĞŝŐŚƚŽĨϭϰĨĞĞƚŝƐĂůƐŽƌĞƋƵŝƌĞĚ͘ƐƉƌŽƉŽƐĞĚ͕ƚŚĞƐƵďŵŝƚƚĞĚƐŝƚĞƉůĂŶƐƌĞĨůĞĐƚĂϲϬͲĨŽŽƚďĞƌƚŚĚĞƉƚŚĂůŽŶŐ ĞĂĐŚŽĨƚŚĞƌĞƐƉĞĐƚŝǀĞďƵŝůĚŝŶŐƐĂŶĚĂŶϴϬͲĨŽŽƚǁŝĚĞƐŚĂƌĞĚĚƌŝǀĞĂŝƐůĞĨŽƌƚŚĞƚƌƵĐŬĐŽƵƌƚ͘  /ŶƚĞƌŵƐŽĨĂůƚĞƌŶĂƚŝǀĞƚƌĂŶƐƉŽƌƚĂƚŝŽŶŽƉƚŝŽŶƐ͕ƚŚĞ^ƵďũĞĐƚWƌŽƉĞƌƚLJŝƐĚŝƌĞĐƚůLJĂĚũĂĐĞŶƚƚŽďƵƐƐƚŽƉƐĂůŽŶŐ yĞƌdžĞƐǀĞŶƵĞEŽƌƚŚƚŚĂƚƉƌŽǀŝĚĞZdƐĞƌǀŝĐĞ͘DŶKdƌĞĐŽŵŵĞŶĚĞĚƚŚĂƚƚŚĞƉƉůŝĐĂŶƚĐŽŶƚĂĐƚDĞƚƌŽ dƌĂŶƐŝƚƚŽĞǀĂůƵĂƚĞƉŽƚĞŶƚŝĂůŝŵƉĂĐƚƐƚŽƐĞƌǀŝĐĞŐŝǀĞŶƚŚĞƉƌŽdžŝŵŝƚLJŽĨĞdžŝƐƚŝŶŐďƵƐƐƚŽƉƐ͕ĂŶĚƉŽƚĞŶƚŝĂů ŵŝƚŝŐĂƚŝǀĞƐƚƌĂƚĞŐŝĞƐƉĞŶĚŝŶŐĂƉƉƌŽǀĂůŽĨƚŚĞƉƌŽƉŽƐĂů͘ƐƉĂƌƚŽĨŝƚLJƐƚĂĨĨƌĞǀŝĞǁ͕ƌĞƋƵĞƐƚƐǁĞƌĞŵĂĚĞ ƚŽƉƌŽǀŝĚĞĂĚĚŝƚŝŽŶĂůƐŝĚĞǁĂůŬĐŽŶŶĞĐƚŝŽŶƐĂůŽŶŐƚŚĞŶŽƌƚŚĞŶĚŽĨƚŚĞ^ƵďũĞĐƚWƌŽƉĞƌƚLJĂŶĚƚŽ^ŚŝŶŐůĞ ƌĞĞŬƌŽƐƐŝŶŐ͕ǁŝƚŚĂĚĚŝƚŝŽŶĂůƌĞƋƵĞƐƚƐƚŽĞdžƚĞŶĚĐĞƌƚĂŝŶƐŝĚĞǁĂůŬƐĞŐŵĞŶƚƐĂŶĚƌĞůŽĐĂƚĞƚŚĞƉƌŽƉŽƐĞĚ ŵŝĚďůŽĐŬƉĞĚĞƐƚƌŝĂŶĐƌŽƐƐŝŶŐ͕ĂƐŝƚŝƐůŽĐĂƚĞĚŽŶĂĐƵƌǀĞ͘  dŚĞƉƉůŝĐĂŶƚĂůƐŽŝŶƚĞŶĚƐƚŽĐŽŵƉůĞƚĞĂŶĞdžŝƐƚŝŶŐƚƌĂŝůŐĂƉĂƐƉĂƌƚŽĨƚŚĞƉƌŽƉŽƐĂů͕ǁŚŝĐŚǁŽƵůĚƉƌŽǀŝĚĞ ĐŽŶƚŝŶƵĞĚƌŽƵƚŝŶŐĨŽƌƚŚŽƐĞƵƚŝůŝnjŝŶŐdŚƌĞĞZŝǀĞƌƐWĂƌŬŝƐƚƌŝĐƚ͛ƐdǁŝŶ>ĂŬĞƐĂŶĚ^ŚŝŶŐůĞƌĞĞŬZĞŐŝŽŶĂů dƌĂŝůƐ͕ ĂƐ ǁĞůů ĂƐ Ă ƉĞĚĞƐƚƌŝĂŶ ďƌŝĚŐĞ ƚŚĂƚ ĐƌŽƐƐĞƐ ,ŝŐŚǁĂLJ ϭϬϬ ƚŽ ƚŚĞ ŶĞŝŐŚďŽƌŚŽŽĚƐ ĂĚũĂĐĞŶƚ ƚŽ ĞŶƚĞƌďƌŽŽŬ'ŽůĨŽƵƌƐĞĂŶĚ>ŝŽŶƐWĂƌŬ͘dŚĞ^ŚŝŶŐůĞƌĞĞŬƌŽƐƐŝŶŐĞǀĞůŽƉŵĞŶƚŚĂƐĂŶĞdžŝƐƚŝŶŐϭϴͲĨŽŽƚ ƚƌĂŝůĞĂƐĞŵĞŶƚǁŝƚŚϭϬͲĨŽŽƚƚƌĂŝůƌƵŶŶŝŶŐĂůŽŶŐ,ŝŐŚǁĂLJϭϬϬͶƚŚĞƉƉůŝĐĂŶƚŚĂƐƉƌŽƉŽƐĞĚĂĐŽŶƚŝŶƵĂƚŝŽŶ ŽĨƚŚŝƐƐĞĐƚŝŽŶƉĞƌŝƚLJƐƚĂĨĨƌĞƋƵĞƐƚĂŶĚǁŽƵůĚƐƵďŵŝƚĂƚƌĂŝůƉůĂŶĂŶĚƉƌŽĨŝůĞĂƐƉĂƌƚŽĨĂŶLJĨŝŶĂů ĚĞǀĞůŽƉŵĞŶƚƉůĂŶƐ͘WĞƌDŶKdĐŽŵŵĞŶƚƐ͕ĂŶĞdžŝƐƚŝŶŐďĂƌƌŝĞƌďůŽĐŬŝŶŐƚŚĞƚƌĂŝůƐĞŐŵĞŶƚŶĞĂƌ,KD &ƵƌŶŝƚƵƌĞƐŚŽƵůĚďĞƌĞŵŽǀĞĚƉĞŶĚŝŶŐĂƉƉƌŽǀĂůŽĨƚŚĞƉƌŽƉŽƐĂů͘    DĂƉϱ͘ϮϬϭϰƌŽŽŬůLJŶĞŶƚĞƌŝĐLJĐůĞĂŶĚWĞĚĞƐƚƌŝĂŶWůĂŶ͕ĂƐŽƵƚůŝŶĞĚŝŶƚŚĞϮϬϰϬŽŵƉƌĞŚĞŶƐŝǀĞWůĂŶ;ŚŝŐŚůŝŐŚƚĞĚŝŶƌĞĚͿ͘ ƉƉ͘EŽ͘ϮϬϮϮͲϬϬϰ WϬϲͬϮϯͬϮϬϮϮ WĂŐĞϭϲ /ŵĂŐĞƐϰĂŶĚϱ͘džŝƐƚŝŶŐdƌĂŝů'ĂƉĂŶĚ^ŽƵƚŚĐĐĞƐƐZŽĂĚͶĨĂĐŝŶŐǁĞƐƚƚŽǁĂƌĚƐ^ĞĂƌƐ;>ͿĂŶĚĨĂĐŝŶŐĞĂƐƚƚŽǁĂƌĚƐtĂůŵĂƌƚ;ZͿ͘ ŝƚLJƐƚĂĨĨƉƌŽǀŝĚĞĚĐŽŵŵĞŶƚĂƌLJƚŽƚŚĞƉƉůŝĐĂŶƚŝŶDĂƌĐŚĂŶĚDĂLJϮϬϮϮǁŝƚŚƌĞŐĂƌĚƚŽƉƌĞĨĞƌƌĞĚĂĐĐĞƐƐ ĨŽƌƐĞŵŝͲƚƌƵĐŬƚƌĂĨĨŝĐƵƚŝůŝnjŝŶŐƚŚĞƉƌŽƉŽƐĞĚůŽĂĚŝŶŐďĂLJƐĂŶĚƚƌƵĐŬĐŽƵƌƚ͕ĂŶĚƚŚĞƉƉůŝĐĂŶƚƌĞǀŝƐĞĚƚŚĞ ƉůĂŶƐĞƚƐďĂƐĞĚŽŶŝƚLJƐƚĂĨĨĐŽŵŵĞŶƚƐ͘ƐƉƌŽƉŽƐĞĚ͕ĂĐĐĞƐƐƚŽƚŚĞůŽĂĚŝŶŐďĂLJƐǁŽƵůĚďĞƉƌŽǀŝĚĞĚǀŝĂ ƚŚĞŶŽƌƚŚĚƌŝǀĞŽĨĨϱϱƚŚǀĞŶƵĞEŽƌƚŚĂŶĚƵƚŝůŝnjŝŶŐĂŶĞdžƚĞŶƐŝŽŶƚŽĂŶĞdžŝƐƚŝŶŐĂĐĐĞƐƐƌŽĂĚƌƵŶŶŝŶŐĂůŽŶŐ ƚŚĞƐŽƵƚŚĞƌŶƉŽƌƚŝŽŶŽĨƚŚĞ^ƵďũĞĐƚWƌŽƉĞƌƚLJ͕ƉĂƌĂůůĞůƚŽ,ŝŐŚǁĂLJϭϬϬ͘ŝƚLJƐƚĂĨĨǁŽƌŬĞĚǁŝƚŚƚŚĞƉƉůŝĐĂŶƚ ƚŚƌŽƵŐŚŵƵůƚŝƉůĞƉůĂŶŝƚĞƌĂƚŝŽŶƐƚŽĐůĞĂŶƵƉƚŚĞĂĐĐĞƐƐĂŶĚƉŽƚĞŶƚŝĂůŝŶƚĞƌŶĂůƉŽŝŶƚƐŽĨǀĞŚŝĐůĞĂŶĚ ƉĞĚĞƐƚƌŝĂŶĐŽŶĨůŝĐƚƐŽĨĨϱϱƚŚǀĞŶƵĞEŽƌƚŚĂŶĚƚŚĞƌŽĂĚǁĂLJĞdžƚĞŶƐŝŽŶďĞƚǁĞĞŶϱϱƚŚǀĞŶƵĞEŽƌƚŚĂŶĚ ƚŚĞ^ŚŝŶŐůĞƌĞĞŬƌŽƐƐŝŶŐĚĞǀĞůŽƉŵĞŶƚ͘ůƚŚŽƵŐŚĂŶŽƌƚŚĂŶĚǁĞƐƚĂĐĐĞƐƐŝƐŵĂŝŶƚĂŝŶĞĚŽĨĨƚŚĞƉƌŽƉŽƐĞĚ ƚƌƵĐŬĐŽƵƌƚ͕ƚŚĞƉƉůŝĐĂŶƚŚĂƐŝŶĚŝĐĂƚĞĚŝŶƐƚĂůůĂƚŝŽŶŽĨ͞EŽdƌƵĐŬƐ͟ƐŝŐŶĂŐĞŽŶƚŚĞƐƵďŵŝƚƚĞĚƉůĂŶƐƐŽĂƐ ƚŽƌŽƵƚĞĞdžŝƚŝŶŐƚƌƵĐŬƐƚŽƚŚĞƐŽƵƚŚ͘ ƐƉƌŽƉŽƐĞĚ͕ƚŚĞƐƵďŵŝƚƚĞĚƐŝƚĞƉůĂŶƐŝŶĚŝĐĂƚĞϮϰͲĨŽŽƚǁŝĚĞĚƌŝ ǀĞĂŝƐůĞƐƚŚƌŽƵŐŚŽƵƚƚŚĞŶŽƌƚŚƉĂƌŬŝŶŐůŽƚƐ͕ ǁŚŝĐŚŝƐƚŚĞŵŝŶŝŵƵŵǁŝĚƚŚƌĞƋƵŝƌĞĚƚŽĂůůŽǁĨŽƌƚǁŽͲǁĂLJƚƌĂĨĨŝĐ͘dŚĞƉĂƌŬŝŶŐĂƌĞĂũƵƐƚƐŽƵƚŚĂŶĚǁĞƐƚ ŽĨƵŝůĚŝŶŐ;ϭϭϬ͕ϬϬϬͲƐƋƵĂƌĞĨĞĞƚͿŝŶĚŝĐĂƚĞƐĂƚĂƉĞƌŝŶŐŽĨĚƌŝǀĞĂŝƐůĞǁŝĚƚŚƐĨƌŽŵϮϳĨĞĞƚĚŽǁŶƚŽϮϱĨĞĞƚ͕ ǁŚŝůĞƚŚĞ ĚƌŝǀĞ ĂŝƐůĞ ũƵƐƚƐŽƵƚŚŽĨ ƵŝůĚŝŶŐ ;ϭϮϬ͕ϬϬϬͲƐƋƵĂƌĞĨĞĞƚͿŝƐŶŽƚĞĚĂƚϯϬͲĨĞĞƚŝŶǁŝĚƚŚƚŽ ĂĐĐŽŵŵŽĚĂƚĞƚƌƵĐŬƚƌĂĨĨŝĐ͕ĂŶĚǁŝĚƚŚƐŽĨϮϱĨĞĞƚĂůŽŶŐƚŚĞĞĂƐƚĞƌŶĞĚŐĞŽĨƚŚĞďƵŝůĚŝŶŐ͕ǁŚŝĐŚŽƌŝĞŶƚƐ ƚŽǁĂƌĚƐƚŚĞǁĞƐƚƐŝĚĞŽĨtĂůŵĂƌƚ͘ dŚĞƐƵďŵŝƚƚĞĚƐŝƚĞƉůĂŶĂůƐŽŝŶĚŝĐĂƚĞƐƚLJƉŝĐĂůϭϴͲĨŽŽƚƉĂƌŬŝŶŐƐƉĂĐĞĚĞƉƚŚƐĂŶĚϵͲĨŽŽƚǁŝĚƚŚƐ͕ǁŚŝĐŚƐĂƚŝƐĨLJ ƚŚĞŝƚLJ͛ƐŵŝŶŝŵƵŵƉĂƌŬŝŶŐĚŝŵĞŶƐŝŽŶƌĞƋƵŝƌĞŵĞŶƚƐĂƐŽƵƚůŝŶĞĚǁŝƚŚŝŶƚŚĞŽŶŝŶŐŽĚĞ͘ Lighting dŚĞĐƵƌƌĞŶƚŽŶŝŶŐŽĚĞŶŽƚĞƐƚŚĂƚ͕͞ĂůůĞdžƚĞƌŝŽƌůŝŐŚƚŝŶŐƐŚĂůůďĞƉƌŽǀŝĚĞĚǁŝƚŚůĞŶƐĞƐ͕ƌĞĨůĞĐƚŽƌƐ͕Žƌ ƐŚĂĚĞƐ͕ƐŽĂƐƚŽĐŽŶĐĞŶƚƌĂƚĞŝůůƵŵŝŶĂƚŝŽŶŽĨƚŚĞƉƌŽƉĞƌƚLJŽĨƚŚĞŽǁŶĞƌŽƌŽƉĞƌĂƚŽƌŽĨƐĂŝĚŝůůƵŵŝŶĂƚŝŽŶ ĚĞǀŝĐĞƐ͘͟  ƉŚŽƚŽŵĞƚƌŝĐ ƉůĂŶ ǁĂƐ ƐƵďŵŝƚƚĞĚ ǁŝƚŚ Ă ĨŝdžƚƵƌĞ ƐƉĞĐŝĨŝĐĂƚŝŽŶ ƐĐŚĞĚƵůĞ͖ ŚŽǁĞǀĞƌ͕ ŶŽ ŵŝŶŝŵƵŵ͕ ŵĂdžŝŵƵŵ͕ŽƌĂǀĞƌĂŐĞĨŽŽƚĐĂŶĚůĞƉƌŽǀŝƐŝŽŶƐĂƌĞƉƌŽǀŝĚĞĚ͘ŝƚLJƐƚĂĨĨĂůƐŽƌĞƋƵĞƐƚƐƚŚĞƉŚŽƚŽŵĞƚƌŝĐƉůĂŶ ďĞƌĞǀŝƐĞĚƚŽŵŽƌĞĐůĞĂƌůLJŝŶĚŝĐĂƚĞƚŚĞƉƌŽƉĞƌƚLJůŝŶĞƐ͕ĂƐƚŚĞŽŶŝŶŐŽĚĞƐƉĞĐŝĨŝĞƐƚŚĂƚůŝŐŚƚŝŶŐƐŚĂůůŶŽƚ ĞdžĐĞĞĚƚŚƌĞĞ;ϯͿĨŽŽƚĐĂŶĚůĞƐŵĞĂƐƵƌĞĚĂƚƉƌŽƉĞƌƚLJůŝŶĞƐĂďƵƚƚŝŶŐƌĞƐŝĚĞŶƚŝĂůůLJnjŽŶĞĚƉƌŽƉĞƌƚLJ͕ŽƌϭϬͲĨŽŽƚ ĐĂŶĚůĞƐ ŵĞĂƐƵƌĞĚ Ăƚ ƚŚĞ ƉƌŽƉĞƌƚLJ ůŝŶĞƐ ĂďƵƚƚŝŶŐ ƚŚĞ ƐƚƌĞĞƚ ƌŝŐŚƚͲŽĨͲǁĂLJ Žƌ ŶŽŶͲƌĞƐŝĚĞŶƚŝĂůůLJ njŽŶĞĚ ƉƌŽƉĞƌƚŝĞƐ͘ƐŝƐƐƉĞĐŝĨŝĞĚ͕ŶŽŐůĂƌĞƐŚĂůůĞŵĂŶĂƚĞĨƌŽŵŽƌďĞǀŝƐŝďůĞďĞLJŽŶĚƚŚĞďŽƵŶĚĂƌŝĞƐŽĨƚŚĞ ŝůůƵŵŝŶĂƚĞĚƉƌĞŵŝƐĞƐ͘dŚĞƉŚŽƚŽŵĞƚƌŝĐƉůĂŶŝŶĚŝĐĂƚĞƐƚŚĞĨŝdžƚƵƌĞƐĂƌĞŐĞŶĞƌĂůůLJĐŽŶƐŝƐƚĞŶƚǁŝƚŚƚŚĞĐƵƌƌĞŶƚ ŽŶŝŶŐŽĚĞƌĞƋƵŝƌĞŵĞŶƚƐ͘ ƉƉ͘EŽ͘ϮϬϮϮͲϬϬϰ WϬϲͬϮϯͬϮϬϮϮ WĂŐĞϭϳ 'ŝǀĞŶƚŚĞŝŶƚĞŶƚƚŽƌĞͲnjŽŶĞƚŚĞ^ƵďũĞĐƚWƌŽƉĞƌƚLJƚŽƵƐŝŶĞƐƐDŝdžĞĚͲhƐĞŝƐƚƌŝĐƚ;DyͲͿ͕ŝƚLJƐƚĂĨĨƌĞǀŝĞǁĞĚ ƚŚĞƐƵďŵŝƚƚĂůĂŐĂŝŶƐƚƚŚĞĚƌĂĨƚůŝŐŚƚŝŶŐƌĞƋƵŝƌĞŵĞŶƚƐ͕ĂƐĐŽŶƚĞŵƉůĂƚĞĚŝŶƚŚĞŝƚLJ͛ƐĚƌĂĨƚŽŶŝŶŐŽĚĞ ƵƉĚĂƚĞƚŚĂƚǁŝůůƵůƚŝŵĂƚĞůLJďĞŝŶĐŽƌƉŽƌĂƚĞĚŝŶƚŽĂhŶŝĨŝĞĚĞǀĞůŽƉŵĞŶƚKƌĚŝŶĂŶĐĞ;hKͿ͘ƐƉĂƌƚŽĨŝƚLJ ƐƚĂĨĨĐŽŶǀĞƌƐĂƚŝŽŶƐ͕ƚŚĞƉƉůŝĐĂŶƚƌĞǀŝƐĞĚƚŚĞƉĂƌŬŝŶŐůŽƚůŝŐŚƚƉŽůĞŚĞŝŐŚƚƐƚŽĨĂůůďĞůŽǁƚŚĞŽƵƚůŝŶĞĚ ŵĂdžŝŵƵŵŚĞŝŐŚƚŽĨϮϰĨĞĞƚĂƚĨŝŶŝƐŚĞĚŐƌĂĚĞ͕ĂŶĚŶŽŵŽƌĞƚŚĂŶϮϬĨĞĞƚŝŶŚĞŝŐŚƚĨŽƌĂƌĞĂƐǁŝƚŚŝŶ ůĂŶĚƐĐĂƉĞĚĂƌĞĂƐ͘/ƚƐŚŽƵůĚďĞŶŽƚĞĚƚŚĂƚƚŚĞǁĂůůƉĂĐŬůŝŐŚƚŝŶŐƉƌŽƉŽƐĞĚǁŝƚŚŝŶƚŚĞĚĞƐŝŐŶĂƚĞĚƚƌƵĐŬ ĐŽƵƌƚŝƐŶŽƚĞĚĂƚϮϳĨĞĞƚƚŽƉƌŽǀŝĚĞƐƵĨĨŝĐŝĞŶƚůŝŐŚƚŝŶŐĨŽƌƚƌƵĐŬŵĂŶĞƵǀĞƌŝŶŐ͘ ůƚŚŽƵŐŚŝƚLJƐƚĂĨĨƵŶĚĞƌƐƚĂŶĚƐƚŚĞƉƌŽƉŽƐĂůŝƐƐƉĞĐƵůĂƚŝǀĞŝŶŶĂƚƵƌĞ͕ ƚŚĞ ƉƉůŝĐĂŶƚ ƐŚŽƵůĚ ĞŶƐƵƌĞ ƐƵĨĨŝĐŝĞŶƚůŝŐŚƚŝŶŐŝƐƉƌŽǀŝĚĞĚĂŶĚĚŝƐƚƌŝďƵƚĞĚŽǀĞƌĂůůĞŶƚƌĂŶĐĞƐĂŶĚĞdžŝƚƐ͕ǁĂůŬǁĂLJƐ͕ĂŶĚƐƵĨĨŝĐŝĞŶƚůŝŐŚƚŝŶŐ ĂůŽŶŐĂůůƐŝĚĞǁĂůŬĐŽŶŶĞĐƚŝŽŶƉŽŝŶƚƐŽĨĨyĞƌdžĞƐǀĞŶƵĞEŽƌƚŚĂŶĚƚŽǁĂƌĚƐ^ŚŝŶŐůĞƌĞĞŬƌŽƐƐŝŶŐ͘WĞƌƚŚĞ ƐƵďŵŝƚƚĞĚƉŚŽƚŽŵĞƚƌŝĐƉůĂŶƐ͕ŝƚĚŽĞƐŶŽƚĂƉƉĞĂƌĂŶLJƉĞĚĞƐƚƌŝĂŶͲůĞǀĞůůŝŐŚƚŝŶŐŝƐƉƌŽǀŝĚĞĚĂůŽŶŐƚŚĞƉƵďůŝĐ ĨĂĐŝŶŐƉŽƌƚŝŽŶƐŽĨĞĂĐŚďƵŝůĚŝŶŐĂŶĚŝƐĨŽƌƚŚĞŵŽƐƚƉĂƌƚƌĞůŝĂŶƚŽŶƉĂƌŬŝŶŐůŽƚůŝŐŚƚŝŶŐ͘/ƚŝƐƌĞƋƵĞƐƚĞĚƚŚĂƚ ƚŚĞƉƉůŝĐĂŶƚǁŽƌŬǁŝƚŚŝƚLJƐƚĂĨĨƚŽĂĚĚƌĞƐƐŽƉƚŝŽŶƐĨŽƌƉĞĚĞƐƚƌŝĂŶͲůĞǀĞůůŝŐŚƚŝŶŐƉĞŶĚŝŶŐĂƉƉƌŽǀĂůŽĨƚŚĞ ƐƵďŵŝƚƚĂůĂŶĚƚŚĞƐƵďƐĞƋƵĞŶƚďƵŝůĚͲŽƵƚŽĨƚĞŶĂŶƚƐƉĂĐĞƐ͘ /ŵĂŐĞϲ͘džĐĞƌƉƚĞĚ^ĞĐƚŝŽŶŽĨWŚŽƚŽŵĞƚƌŝĐWůĂŶͲƵŝůĚŝŶŐ;ĂƌĞĂƐŝŶĚŝĐĂƚĞĚŝŶƌĞĚͿ͘ ůƚŚŽƵŐŚŝƚĂƉƉĞĂƌƐĞdžŝƐƚŝŶŐůŝŐŚƚŝŶŐǁŝůůďĞŵĂŝŶƚĂŝŶĞĚďĞƚǁĞĞŶƚŚĞŶŽƌƚŚĞƌůLJĚƌŝǀĞƌƵŶŶŝŶŐďĞƚǁĞĞŶƚŚĞ ^ƵďũĞĐƚWƌŽƉĞƌƚLJĂŶĚĂĚũĂĐĞŶƚ^ŚŝŶŐůĞƌĞĞŬƌŽƐƐŝŶŐĚĞǀĞůŽƉŵĞŶƚ͕ŝƚLJƐƚĂĨĨƌĞƋƵĞƐƚƐƚŚĂƚƚŚĞƉƉůŝĐĂŶƚ ǁŽƌŬǁŝƚŚƚŚĞWƌŽƉĞƌƚLJKǁŶĞƌŽĨ^ŚŝŶŐůĞƌĞĞŬƌŽƐƐŝŶŐ;'ĂƚůŝŶĞǀĞůŽƉŵĞŶƚŽŵƉĂŶLJͿƚŽĞŶƐƵƌĞƚŚĞ ůŝŐŚƚŝŶŐĂŶĚůĂŶĚƐĐĂƉŝŶŐŝƐĐŽŶƐŝƐƚĞŶƚĂůŽŶŐƚŚŝƐƐĞŐŵĞŶƚŽĨƚƌĂŶƐŝƚŝŽŶ;ƐĞĞ/ŵĂŐĞƐϳĂŶĚϴďĞůŽǁͿ͗ ƉƉ͘EŽ͘ϮϬϮϮͲϬϬϰ WϬϲͬϮϯͬϮϬϮϮ WĂŐĞϭϴ   /ŵĂŐĞƐϳĂŶĚϴ͘džŝƐƚŝŶŐůŝŐŚƚŝŶŐĂŶĚůĂŶĚƐĐĂƉŝŶŐďĞƚǁĞĞŶ^ƵďũĞĐƚWƌŽƉĞƌƚLJĂŶĚĂĚũĂĐĞŶƚ^ŚŝŶŐůĞƌĞĞŬƌŽƐƐŝŶŐ͘ Trash | Screening ƐƚŚĞƐƵďŵŝƚƚĂůŝƐƐƉĞĐƵůĂƚŝǀĞŝŶŶĂƚƵƌĞ͕ŶŽĐŽŵŵƵŶĂůƚƌĂƐŚĨĂĐŝůŝƚŝĞƐǁĞƌĞĚĞƉŝĐƚĞĚŽŶƚŚĞƐƵďŵŝƚƚĞĚ ƉůĂŶƐĞƚƐ͘dŚĞƉƉůŝĐĂŶƚĚŝĚƉƌŽǀŝĚĞĚĞƚĂŝůŝŶŐǁŝƚŚŝŶƚŚĞƐƵďŵŝƚƚĞĚůĂŶĚƐĐĂƉĞƉůĂŶƐĨŽƌĂƚƌĂƐŚƌĞĐĞƉƚĂĐůĞ ƚŽďĞůŽĐĂƚĞĚĂƚƚŚĞƐŽƵƚŚǁĞƐƚĐŽƌŶĞƌŽĨƵŝůĚŝŶŐ;ϭϭϬ͕ϬϬϬƐƋƵĂƌĞĨĞĞƚͿĂŶĚŝŶƉƌŽdžŝŵŝƚLJƚŽƉƌŽƉŽƐĞĚ ƚĂďůĞƐĂŶĚďĞŶĐŚĞƐ͘WĞŶĚŝŶŐĂƉƉƌŽǀĂůŽĨƚŚĞƐƵďŵŝƚƚĂů͕ƚŚĞƉƉůŝĐĂŶƚƐŚĂůůƉƌŽǀŝĚĞĚĞƚĂŝůƐŽŶƚŚĞŝŶƚĞŶĚĞĚ ůŽĐĂƚŝŽŶĨŽƌƚƌĂƐŚĨĂĐŝůŝƚŝĞƐ͕ĂŶĚĚĞƚĂŝůƐŚĞĞƚƐǁŝƚŚƌĞǀŝƐĞĚƐŝƚĞƉůĂŶƐĨŽƌĂŶLJĞdžƚĞƌŝŽƌƚƌĂƐŚĞŶĐůŽƐƵƌĞƐ͘  ůů ŐƌŽƵŶĚ ŵŽƵŶƚĞĚ ĞƋƵŝƉŵĞŶƚ ;Ğ͘Ő͕͘ ƚƌĂŶƐĨŽƌŵĞƌƐ͕ ŵĞĐŚĂŶŝĐĂůͿ ƐŚĂůů ďĞ ĞĨĨĞĐƚŝǀĞůLJ ƐĐƌĞĞŶĞĚ ĨƌŽŵ ĂĚũĂĐĞŶƚƉƵďůŝĐƌŝŐŚƚƐͲŽĨͲǁĂLJĂŶĚƉƌŽƉĞƌƚŝĞƐďLJĂƐŽůŝĚǁĂůůŽƌĨĞŶĐĞĐŽŶƐƚƌƵĐƚĞĚŽĨǁŽŽĚ͕ŵĂƐŽŶƌLJ͕Žƌ ŽƚŚĞƌĚƵƌĂďůĞŵĂƚĞƌŝĂůƐƚŚĂƚĂƌĞĐŽŵƉůĞŵĞŶƚĂƌLJƚŽƚŚĞŵĂƚĞƌŝĂůƐƵƐĞĚŽŶƚŚĞƉƌŝŵĂƌLJďƵŝůĚŝŶŐ͘ZŽŽĨͲ ŵŽƵŶƚĞĚĞƋƵŝƉŵĞŶƚƐŚĂůůĂůƐŽďĞƐĐƌĞĞŶĞĚĨƌŽŵǀŝĞǁƚŚƌŽƵŐŚƵƐĞŽĨƉĂƌĂƉĞƚƐ͕ǁĂůůͬĨĞŶĐŝŶŐŵĂƚĞƌŝĂůƐ͕ ŽƌƉĂŝŶƚƚŽŵĂƚĐŚƐƵƌƌŽƵŶĚŝŶŐĐŽůŽƌƐǁŚĞŶǀŝƐŝďůĞĨƌŽŵƚŚĞƉƵďůŝĐƌŝŐŚƚͲŽĨͲǁĂLJ͘  ƐƉƌŽƉŽƐĞĚ͕ƚŚĞƉƉůŝĐĂŶƚŝŶƚĞŶĚƐƚŽƐĐƌĞĞŶƚŚĞƐŚĂƌĞĚƚƌƵĐŬĐŽƵƌƚĨƌŽŵǀŝĞǁŽĨ,ŝŐŚǁĂLJϭϬϬǁŝƚŚĂ ďĞƌŵĂŶĚůĂŶĚƐĐĂƉŝŶŐĂŶĚŝŶƐƚƌĂƚĞŐŝĐůŽĐĂƚŝŽŶƐĂůŽŶŐƚŚĞŶŽƌƚŚĞŶĚŽĨƚŚĞ^ƵďũĞĐƚWƌŽƉĞƌƚLJ͕ĂŶĚĨĂĐŝŶŐ ƚŚĞǁĞƐƚĞƌŶĞĚŐĞŽĨ^ŚŝŶŐůĞƌĞĞŬƌŽƐƐŝŶŐ͘ůƚŚŽƵŐŚĂĨĞŶĐĞĂŶĚƌĞƚĂŝŶŝŶŐǁĂůůĂƌĞŝŶĚŝĐĂƚĞĚŽŶƚŚĞ ƐƵďŵŝƚƚĞĚƉůĂŶƐĞƚƐĂƐƉƌŽƉŽƐĞĚ͕ŶŽĚĞƚĂŝůŝŶŐŝƐƉƌŽǀŝĚĞĚ͘dŚĞƉƉůŝĐĂŶƚƐŚĂůůǁŽƌŬǁŝƚŚŝƚLJƐƚĂĨĨĂƐ ŶĞĐĞƐƐĂƌLJƚŽĚĞƚĞƌŵŝŶĞƌĞƋƵŝƌĞŵĞŶƚƐĨŽƌƉůĂĐĞŵĞŶƚĂŶĚƉĞƌŵŝƚƚŝŶŐ͘ Architectural Materials  /ŵĂŐĞϵ͘ϯZĞŶĚĞƌŝŶŐŽĨWƌŽƉŽƐĞĚƵŝůĚŝŶŐdžƚĞƌŝŽƌƐ;^ƵďũĞĐƚWƌŽƉĞƌƚLJͿ͘  dŚĞŝƚLJ͛ƐƌĐŚŝƚĞĐƚƵƌĂůĞƐŝŐŶ'ƵŝĚĞůŝŶĞƐƌĞƋƵŝƌĞĂƚůĞĂƐƚϱϬͲƉĞƌĐĞŶƚŽĨĞĂĐŚĞůĞǀĂƚŝŽŶ;ĨĂĐĞͿŽĨĂďƵŝůĚŝŶŐ ƚŽďĞĐŽŶƐƚƌƵĐƚĞĚŽĨůĂƐƐ/ŵĂƚĞƌŝĂůƐ͕ǁŝƚŚƚŚĞƌĞŵĂŝŶĚĞƌĐŽŶƐƚƌƵĐƚĞĚŽĨůĂƐƐ//ŵĂƚĞƌŝĂůƐ͘ŶĞůĞǀĂƚŝŽŶ ďLJĞůĞǀĂƚŝŽŶďƌĞĂŬĚŽǁŶŽĨůĂƐƐ/ĂŶĚůĂƐƐ//ďƵŝůĚŝŶŐŵĂƚĞƌŝĂůƐǁĂƐƉƌŽǀŝĚĞĚďLJƚŚĞƉƉůŝĐĂŶƚƉĞƌŝƚLJ ƉƉ͘EŽ͘ϮϬϮϮͲϬϬϰ WϬϲͬϮϯͬϮϬϮϮ WĂŐĞϭϵ ƐƚĂĨĨƌĞƋƵĞƐƚ͘  ƐƉƌŽƉŽƐĞĚ͕ďŽƚŚďƵŝůĚŝŶŐƐǁŽƵůĚďĞĚĞƐŝŐŶĞĚǁŝƚŚƐŝŵŝůĂƌŵĂƚĞƌŝĂůƐĐŽŵƉƌŝƐĞĚŽĨƉƌĞͲĐĂƐƚĐŽŶĐƌĞƚĞ ƉĂŶĞůƐƚĞdžƚƵƌĞĚǁŝƚŚƐƚƵĐĐŽƚĞdžƚƵƌĞ͕ĂǁŽŽĚͲůŽŽŬĨŝďĞƌĐĞŵĞŶƚ;ŝ͘Ğ͘EŝĐŚŝŚĂŽƌĂƉƉƌŽǀĞĚĂůƚĞƌŶĂƚĞͿ͕ĂŶĚ ĂůƵŵŝŶƵŵĐŽŵƉŽƐŝƚĞŵĂƚĞƌŝĂůƉĂŶĞůƐ;ŝ͘Ğ͘ůƵĐŽďŽŶĚŽƌĂƉƉƌŽǀĞĚĂůƚĞƌŶĂƚĞͿ͘  ƐƉƌŽƉŽƐĞĚ͕ƚŚĞŵĂũŽƌŝƚLJĐŽŵƉŽƐŝƚŝŽŶŽĨĞĂĐŚďƵŝůĚŝŶŐĞůĞǀĂƚŝŽŶŝƐŐůĂƐƐĂŶĚƉƌĞͲĐĂƐƚĐŽŶĐƌĞƚĞ͕ǁŚŝĐŚĂƌĞ ĐŽŶƐŝĚĞƌĞĚƚŽďĞůĂƐƐ/ďƵŝůĚŝŶŐŵĂƚĞƌŝĂůƐƵŶĚĞƌƚŚĞŝƚLJ͛ƐƌĐŚŝƚĞĐƚƵƌĂů'ƵŝĚĞůŝŶĞƐ͖ƚŚĞƌĞĨŽƌĞ͕ƚŚĞ ŵŝŶŝŵƵŵƚŚƌĞƐŚŽůĚƐĂƌĞŵĞƚ͘EŝĐŚŝŚĂ͕ǁŚŝĐŚŝƐŝŶĚŝĐĂƚĞĚĂƐĂůĂƐƐ // ŵĂƚĞƌŝĂů ŽŶ ƚŚĞ ƐƵďŵŝƚƚĞĚ ĂƌĐŚŝƚĞĐƚƵƌĂůƉůĂŶƐ͕ŚĂƐďĞĞŶĚĞƚĞƌŵŝŶĞĚŝŶƉĂƐƚƉƌŽũĞĐƚƐƚŽďĞĂůĂƐƐ/ƚLJƉĞďƵŝůĚŝŶŐŵĂƚĞƌŝĂů;ŝ͘Ğ͘,KD &ƵƌŶŝƚƵƌĞ͕ůŽĐĂƚĞĚĂƚϮϱϬϭŽƵŶƚLJZŽĂĚϭϬͿ͘  ŝƚLJƐƚĂĨĨƉƌŽǀŝĚĞĚĨĞĞĚďĂĐŬƚŽƚŚĞƉƉůŝĐĂŶƚŝŶDĂƌĐŚĂŶĚDĂLJϮϬϮϮ͕ĂŶĚŝƚǁĂƐƌĞƋƵĞƐƚĞĚƚŚĂƚƚŚĞ ƉƉůŝĐĂŶƚƉƌŽǀŝĚĞĞŶŚĂŶĐĞĚĂƌĐŚŝƚĞĐƚƵƌĂůĨĂĕĂĚĞƚƌĞĂƚŵĞŶƚƐĂůŽŶŐ,ŝŐŚǁĂLJϭϬϬ͕ƵŝůĚŝŶŐ͛ƐŶŽƌƚŚǁĞƐƚ ĐŽƌŶĞƌ;yĞƌdžĞƐǀĞŶƵĞEŽƌƚŚͿ͕ƵŝůĚŝŶŐ͛ƐŶŽƌƚŚĞĂƐƚĐŽƌŶĞƌ;ĨĂĐŝŶŐ^ŚŝŶŐůĞƌĞĞŬƌŽƐƐŝŶŐͿ͕ĂŶĚŽǀĞƌĂůů ŝŶĐƌĞĂƐĞĚĂƌƚŝĐƵůĂƚŝŽŶĂŶĚŐůĂnjŝŶŐĨŽƌǀŝƐƵĂůŝŶƚĞƌĞƐƚ͘ŝƚLJƐƚĂĨĨŝŶĚŝĐĂƚĞĚƚŚĂƚǁŚŝůĞƚŚĞƌĞƋƵĞƐƚƐǁŽƵůĚ ƵůƚŝŵĂƚĞůLJƌĞͲnjŽŶĞƚŚĞ^ƵďũĞĐƚWƌŽƉĞƌƚLJƚŽĂĐĐŽŵŵŽĚĂƚĞƚŚĞƵƐĞ͕ƚŚĞƉƉůŝĐĂŶƚƐŚŽƵůĚƚŚŝŶŬĐƌĞĂƚŝǀĞůLJ ĨŽƌǁĂLJƐƚŽĐŽŵƉůĞŵĞŶƚƚŚĞĂĚũĂĐĞŶƚƌĞƚĂŝůƵƐĞ;^ŚŝŶŐůĞƌĞĞŬƌŽƐƐŝŶŐͿ͘  ŝƚLJƐƚĂĨĨŚĂƐǁŽƌŬĞĚǁŝƚŚƚŚĞƉƉůŝĐĂŶƚŽŶĂĨĞǁŝƚĞƌĂƚŝŽŶƐŽĨƚŚĞƐŝƚĞƉůĂŶĂŶĚŝŶĚŝĐĂƚĞĚĞĂƌůLJŽŶƚŚĂƚ ƚŚĞƉƉůŝĐĂŶƚƐŚŽƵůĚŵĂŝŶƚĂŝŶƚŚĞďƵŝůĚŝŶŐůŝŶĞĐƵƌƌĞŶƚůLJŝŶĞdžŝƐƚĞŶĐĞƚŽĚĂLJǁŝƚŚƵŝůĚŝŶŐƐϭƚŚƌŽƵŐŚϱŽĨ ƚŚĞ^ŚŝŶŐůĞƌĞĞŬƌŽƐƐŝŶŐĚĞǀĞůŽƉŵĞŶƚ;Ğ͘Ő͘d:DĂdždž͕&ŝǀĞĞůŽǁͿ͘dŚƌŽƵŐŚĚŝƐĐƵƐƐŝŽŶƐǁŝƚŚƚŚĞƉƉůŝĐĂŶƚ ŝƚǁĂƐĚĞƚĞƌŵŝŶĞĚƚŚĂƚŝƚǁŽƵůĚďĞŝŶĨĞĂƐŝďůĞƚŽďƌŝŶŐƚŚĞďƵŝůĚŝŶŐƵƉƚŽƚŚĞƐĂŵĞĞdžĂĐƚďƵŝůĚůŝŶĞĚƵĞƚŽ ŝŵƉĂĐƚƐƚŽƚŚĞŽǀĞƌĂůůƉƌŽǀŝĚĞĚƐƋƵĂƌĞĨŽŽƚĂŐĞŽĨĞĂĐŚďƵŝůĚŝŶŐ͕ĂŶĚƐŝƚĞĐŽŶƐƚƌĂŝŶƚƐƚŽƉĂƌŬŝŶŐĂŶĚĚƌŝǀĞ ĂŝƐůĞƐŐŝǀĞŶƚŚĞŶŽƌƚŚͲƐŽƵƚŚŽƌŝĞŶƚĂƚŝŽŶŽĨƚŚĞƉƌŽƉŽƐĞĚďƵŝůĚŝŶŐƐ͘  ƐƉĂƌƚŽĨƚŚŝƐƐƵďŵŝƚƚĂů͕ƚŚĞƉƉůŝĐĂŶƚŝŶĚŝĐĂƚĞĚƌĞǀŝƐŝŽŶƐƚŽƚŚĞĂƌĐŚŝƚĞĐƚƵƌĂůƉůĂŶƐƚŽƉƌŽǀŝĚĞĂŶ ĞdžƉĂŶĚĞĚĞŶƚƌLJĨĞĂƚƵƌĞƐŽŶƚŚĞŶŽƌƚŚĂŶĚƐŽƵƚŚĞůĞǀĂƚŝŽŶƐ͕ĂŶĚƚŚĞĂĚĚŝƚŝŽŶŽĨƌĞǀĞĂůƐĂŶĚĂĚũƵƐƚŵĞŶƚƐ ƚŽƚŚĞŐůĂƐƐƉĂƚƚĞƌŶďĞƚǁĞĞŶĞŶƚƌĂŶĐĞƐĂůŽŶŐƚŚĞĨƌŽŶƚŽĨƚŚĞďƵŝůĚŝŶŐ͘dŚĞĂƉƉůŝĐĂŶƚŚĂƐŝŶĚŝĐĂƚĞĚƚŚĂƚ ƚŚĞƉƌŽƉŽƐĞĚďƵŝůĚŝŶŐƐǁŽƵůĚŚĂǀĞĐůĞĂƌŚĞŝŐŚƚƐŽĨϮϴͲĨĞĞƚƚŽĂƚƚƌĂĐƚďƵƐŝŶĞƐƐĞƐŝŶŶĞĞĚŽĨŵŽĚĞƌŶ͕ůĂƐƐ ƐƉĂĐĞ͘dŚĞŽǀĞƌĂůůŚĞŝŐŚƚŽĨƚŚĞƉƌŽƉŽƐĞĚďƵŝůĚŝŶŐƐĨƌŽŵŐƌŽƵŶĚůĞǀĞůƚŽƚŚĞƚŽƉͲŵŽƐƚƉĂƌĂƉĞƚŝƐ ƉƌŽƉŽƐĞĚĂƚũƵƐƚƵŶĚĞƌϯϱ͘ϱĨĞĞƚ͘dŚŝƐŚĞŝŐŚƚŝƐƐŝŵŝůĂƌƚŽƚŚĞĂĚũĂĐĞŶƚtĂůŵĂƌƚ͕ǁŚŽƐĞŐƌŽƵŶĚůĞǀĞůƚŽ ƉĂƌĂƉĞƚŚĞŝŐŚƚƐĂƌĞĂƚĂƉƉƌŽdžŝŵĂƚĞůLJϯϭ͘ϱĨĞĞƚ͘  Landscaping dŚĞƉƌŽũĞĐƚƐƵďŵŝƚƚĂůŝŶĐůƵĚĞƐĂůĂŶĚƐĐĂƉĞƉůĂŶĂŶĚƉůĂŶƚŝŶŐƐĐŚĞĚƵůĞ͘ůƚŚŽƵŐŚŝƚLJŽĚĞĚŽĞƐŶŽƚŚĂǀĞ ĂŶLJƐƉĞĐŝĨŝĐƌĞƋƵŝƌĞŵĞŶƚƐŽŶƚŚĞƐƉĞĐŝĞƐŽĨůĂŶĚƐĐĂƉŝŶŐ͕ƚŚĞŝƚLJŚĂƐŽƉĞƌĂƚĞĚƵŶĚĞƌĂŶĚŚĞůĚŶĞǁĂŶĚ ƌĞĚĞǀĞůŽƉĞĚĂƌĞĂƐƚŽĐŽŵƉůLJŝŶŐǁŝƚŚƚŚĞŝƚLJ͛ƐĂĚŽƉƚĞĚ>ĂŶĚƐĐĂƉĞWŽŝŶƚ^LJƐƚĞŵƉŽůŝĐLJ͕ǁŚŝĐŚĂƐƐŝŐŶƐ ƉŽŝŶƚƐƚŽĂŐŝǀĞŶƐŝƚĞďĂƐĞĚŽŶƚŚĞĂĐƌĞĂŐĞĂŶĚƚLJƉĞŽĨĚĞǀĞůŽƉŵĞŶƚ͘/ŶĚŝƐĐƵƐƐŝŽŶƐǁŝƚŚƚŚĞƉƉůŝĐĂŶƚ͕ ĂŶĚ ŝŶ ĐŽŶƐŝĚĞƌĂƚŝŽŶ ŽĨ ƚŚĞ ĚƌĂĨƚ ůĂŶĚƐĐĂƉŝŶŐ ƌĞƋƵŝƌĞŵĞŶƚƐ ŽƵƚůŝŶĞĚǁŝƚŚŝŶƚŚĞŝƚLJ͛ƐĚƌĂĨƚhŶŝĨŝĞĚ ĞǀĞůŽƉŵĞŶƚKƌĚŝŶĂŶĐĞ;hKͿ͕ŝƚLJƐƚĂĨĨƌĞƋƵĞƐƚĞĚƚŚĂƚƚŚĞƉƉůŝĐĂŶƚĞdžƉůŽƌĞŽƉƉŽƌƚƵŶŝƚŝĞƐƚŽĚŝǀĞƌƐŝĨLJ ƚŚĞůĂŶĚƐĐĂƉŝŶŐĂŶĚƉƌŽǀŝĚĞŶĂƚŝǀĞĂŶĚƌĞƐŝůŝĞŶƚƉůĂŶƚƚLJƉĞƐǁŚĞŶƉŽƐƐŝďůĞ͘  dŚĞ>ĂŶĚƐĐĂƉĞWŽŝŶƚ^LJƐƚĞŵŽƵƚůŝŶĞƐƌĞƋƵŝƌĞŵĞŶƚƐĨŽƌƵƐĞƐƐƵĐŚĂƐ͞ůŝŐŚƚŝŶĚƵƐƚƌŝĂů͕͟͞ŚĞĂǀLJŝŶĚƵƐƚƌŝĂů͕͟ ĂŶĚ͞ŽĨĨŝĐĞͬŝŶĚƵƐƚƌŝĂů;ŽǀĞƌϮϱйŽĨĨŝĐĞͿ͕͟ĂŶĚƌĞƋƵŝƌĞƐĂƐƉĞĐŝĨŝĐĂŵŽƵŶƚŽƌŶƵŵďĞƌŽĨůĂŶĚƐĐĂƉŝŶŐƵŶŝƚƐ ďĂƐĞĚŽŶƚŚĞŵĂdžŝŵƵŵƉĞƌĐĞŶƚĂŐĞŽĨĐĞƌƚĂŝŶŵĂƚĞƌŝĂůƐ;ŝ͘Ğ͕͘ϱϬйƐŚĂĚĞƚƌĞĞƐ͖ϰϬйĐŽŶŝĨĞƌŽƵƐƚƌĞĞƐ͖ϯϱй ĚĞĐŽƌĂƚŝǀĞƚƌĞĞƐ͖ĂŶĚϮϱйƐŚƌƵďƐͿ͘ƐƚŚĞƉƉůŝĐĂŶƚŝƐƌĞƋƵĞƐƚŝŶŐWh ĂŶĚ ƌĞͲnjŽŶŝŶŐ ĂƉƉƌŽǀĂůƐ͕ ĂŶ ĂŵĞŶĚŵĞŶƚƚŽƌĞͲĚĞƐŝŐŶĂƚĞƚŚĞ^ƵďũĞĐƚWƌŽƉĞƌƚLJƵŶĚĞƌƚŚĞϮϬϰϬŽŵƉƌĞŚĞŶƐŝǀĞWůĂŶ͕ĂŶĚƉƌŽǀŝĚĞĚƚŚĞ ƉƉ͘EŽ͘ϮϬϮϮͲϬϬϰ WϬϲͬϮϯͬϮϬϮϮ WĂŐĞϮϬ ^ƵďũĞĐƚWƌŽƉĞƌƚLJ͛ƐĂĚũĂĐĞŶĐLJƚŽĂƌĞƚĂŝůƐŚŽƉƉŝŶŐĐĞŶƚĞƌ͕ŝƚLJƐƚĂĨĨĐĂůĐƵůĂƚĞĚƚŚĞůĂŶĚƐĐĂƉŝŶŐĂƐƐƵŵŝŶŐ ƚŚĞ͞KĨĨŝĐĞͬ/ŶĚƵƐƚƌŝĂů͟ƵƐĞ͘/ƚƐŚŽƵůĚďĞŶŽƚĞĚƚŚĂƚƚŚĞKǀĞƌĂůů>ĂŶĚƐĐĂƉŝŶŐWůĂŶ;^ŚĞĞƚ>ϭϬϬͿĐůĞĂƌůLJ ŝŶĚŝĐĂƚĞƐĂŶĂƐƐƵŵƉƚŝŽŶŽĨ͞>ŝŐŚƚ/ŶĚƵƐƚƌŝĂů͕͟ǁŚŝĐŚŚĂƐůĞƐƐĞƌƌĞƋƵŝƌĞŵĞŶƚƐĨŽƌůĂŶĚƐĐĂƉŝŶŐ͘ƐƐƵŵŝŶŐĂŶ 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ĐŽƉLJŽĨĂŶŝƌƌŝŐĂƚŝŽŶƉůĂŶĚƌĂǁŝŶŐǁŝůůďĞƌĞƋƵŝƌĞĚĨŽƌƌĞǀŝĞǁĂŶĚĂƉƉƌŽǀĂů͕ĂŶĚĂŶŝƌƌŝŐĂƚŝŽŶƐLJƐƚĞŵ ŵĂŝŶƚĂŝŶĞĚŽŶͲƐŝƚĞ͘ WĞƌŝƚLJƐƚĂĨĨĐŽŵŵĞŶƚƐĂĚĚƌĞƐƐĞĚŝŶƚŚĞŵĞŵŽƌĂŶĚƵŵƉƌŽǀŝĚĞĚďLJƚŚĞŝƚLJŶŐŝŶĞĞƌDŝŬĞůďĞƌƐ͕ĚĂƚĞĚ :ƵŶĞϭϳ͕ϮϬϮϮ͕ĂŶĚƚŚĞƐƵƉƉůĞŵĞŶƚĂůƌĞĚůŝŶĞĚĐŝǀŝůƐĞƚ͕ƚŚĞƉƉůŝĐĂŶƚƐŚŽƵůĚĞŶƐƵƌĞĂĚĞƋƵĂƚĞůĞĂƌǀŝĞǁ dƌŝĂŶŐůĞƐĂƌĞƉƌŽǀŝĚĞĚĂƚĂůůƐƚƌĞĞƚŝŶƚĞƌƐĞĐƚŝŽŶƐƉĞƌŝƚLJŽĚĞ^ĞĐƚŝŽŶϮϱͲϴϬϮ͕ĂŶĚƚŚĞƉƉůŝĐĂŶƚƐŚŽƵůĚ ǀĞƌŝĨLJƚŚĞƉůĂĐĞŵĞŶƚŽĨƚƌĞĞƐĂŶĚŽƚŚĞƌůĂŶĚƐĐĂƉŝŶŐǁŝƚŚŝŶƉƌŽdžŝŵŝƚLJƚŽƉƌŽƉŽƐĞĚƵƚŝůŝƚŝĞƐ͘ dŚĞƉƉůŝĐĂŶƚƐŚŽƵůĚĐŽŶƐŝĚĞƌƐƚĞƉƉŝŶŐĐĞƌƚĂŝŶůĂŶĚƐĐĂƉŝŶŐďĂĐŬĂƚĂŶĚŶĞĂƌŝŶƚĞƌƐĞĐƚŝŽŶƐĂŶĚƉĞĚĞƐƚƌŝĂŶ ĐƌŽƐƐŝŶŐƐƚŽƉƌŽǀŝĚĞĂĚĞƋƵĂƚĞǀŝƐŝďŝůŝƚLJĨŽƌďŽƚŚŵŽƚŽƌŝƐƚƐĂŶĚƉĞĚĞƐƚƌŝĂŶƐ͘ Signs EŽƐƉĞĐŝĨŝĐƐŝŐŶĂŐĞƌĞƋƵĞƐƚƐǁĞƌĞŵĂĚĞƌĞŐĂƌĚŝŶŐŶĞǁŽƌƌĞǀŝƐĞĚƐŝŐŶĂŐĞĨŽƌƚŚĞ^ƵďũĞĐƚWƌŽƉĞƌƚLJ͕ĂŶĚ ĂƐƚŚĞƉƌŽƉŽƐĂůŝƐƐƉĞĐƵůĂƚŝǀĞŝŶŶĂƚƵƌĞ͕ŶŽŶĞǁĞƌĞĂŶƚŝĐŝƉĂƚĞĚĂƚƚŝŵĞŽĨƐƵďŵŝƚƚĂů͘dŚĞŝƚLJŝƐĐƵƌƌĞŶƚůLJ ƵŶĚĞƌǁĂLJǁŝƚŚĂŶƵƉĚĂƚĞƚŽŵƵůƚŝƉůĞŝƚLJĐŽĚĞƐ͕ŝŶĐůƵĚŝŶŐƚŚĞ^ŝŐŶŽĚĞ͘ŶLJƐŝŐŶĂŐĞǁŝůůŶĞĞĚƚŽĐŽŵƉůLJ ǁŝƚŚƚŚĞĂůůŽǁĂŶĐĞƐĂƐŽƵƚůŝŶĞĚŝŶƚŚĞĂĚŽƉƚĞĚŝƚLJƐŝŐŶĂŐĞƌĞŐƵůĂƚŝŽŶƐĂƚƚŝŵĞŽĨƐƵďŵŝƚƚĂů͕ĂŶĚƚŚĞ ƉƉůŝĐĂŶƚǁŝůůŶĞĞĚƚŽĂƉƉůLJĨŽƌĂŶĚƌĞĐĞŝǀĞŝƐƐƵĂŶĐĞŽĨĂƐŝŐŶƉĞƌŵŝƚƉƌŝŽƌƚŽĂŶLJŝŶƐƚĂůůĂƚŝŽŶ͘ ŶŐŝŶĞĞƌŝŶŐZĞǀŝĞǁ DŝŬĞůďĞƌƐ͕ŝƚLJŶŐŝŶĞĞƌ͕ƌĞǀŝĞǁĞĚƚŚĞƉůĂŶƐĂŶĚƉƌŽǀŝĚĞĚĂŵ ĞŵŽƌĂŶĚƵŵ͕ĚĂƚĞĚ:ƵŶĞϭϳ͕ϮϬϮϮ;džŚŝďŝƚ Ϳ͘DŽƐƚŽĨƚŚĞĐŽŵŵĞŶƚƐƉĞƌƚĂŝŶƚŽƚŚĞŶĞĞĚĨŽƌƉůĂŶĐŽƌƌĞĐƚŝŽŶƐĂŶĚĂĚĚŝƚŝŽŶĂůĚĞƚĂŝůƐƌĞůĂƚŝŶŐƚŽ ƐƚŽƌŵǁĂƚĞƌ͕ƐĂŶŝƚĂƌLJƐĞǁĞƌ͕ǁĂƚĞƌŵĂŝŶƐĂŶĚŚLJĚƌĂŶƚƐ͕ƌŽĂĚƐ͕ƚƌĂŝůƐ͕ĂŶĚƐŝĚĞǁĂůŬƐ͕ĂŶĚƚƌĂĨĨŝĐ͘ŶDW EW^ ƉĞƌŵŝƚ ŝƐ ƌĞƋƵŝƌĞĚ ĂƐ ƚŚĞ ƚŽƚĂů ĚŝƐƚƵƌďĞĚ ĂƌĞĂ ǁŽƵůĚ ĞdžĐĞĞĚŽŶĞĂĐƌĞ͕ĂŶĚĂŽŶƐƚƌƵĐƚŝŽŶ DĂŶĂŐĞŵĞŶƚWůĂŶĂŶĚŐƌĞĞŵĞŶƚ͕ĂŶĚhƚŝůŝƚLJ&ĂĐŝůŝƚŝĞƐĂƐĞŵĞŶƚŐƌĞĞŵĞŶƚƐŚĂůůďĞƐƵďŵŝƚƚĞĚƚŽƚŚĞ ŝƚLJŝŶĂĚǀĂŶĐĞŽĨĂŶLJƉĞƌŵŝƚƌĞůĞĂƐĞ͘dŚĞƉƉůŝĐĂŶƚǁŝůůĂůƐŽƌĞƋƵŝƌĞĂǁĂƚĞƌƐŚĞĚƉůĂŶƌĞǀŝĞǁĂŶĚĐŽŶĨŽƌŵ ƚŽǁĂƚĞƌƐŚĞĚƌƵůĞƐ͘/ƚƐŚŽƵůĚďĞŶŽƚĞĚƚŚĂƚƚŚĞtĂƚĞƌƐŚĞĚŽŵŵŝƐƐŝŽŶƉƌŽũĞĐƚƌĞǀŝĞǁŝƐĐƵƌƌĞŶƚůLJ ƉƉ͘EŽ͘ϮϬϮϮͲϬϬϰ WϬϲͬϮϯͬϮϬϮϮ WĂŐĞϮϭ ƵŶĚĞƌǁĂLJ͘ ƐƚŽƌŵǁĂƚĞƌƌĞƉŽƌƚ͕ĐŽŵƉůĞƚĞĚďLJ<ŝŵůĞLJͲ,ŽƌŶ͕ĚĂƚĞĚ&ĞďƌƵĂƌLJϭϭ͕ϮϬϮϮ͕ĂŶĚƌĞǀŝƐĞĚDĂLJϮϰ͕ϮϬϮϮ͕ ĂŶĚĂĐŽƉLJŽĨƚŚĞƚƌĂĨĨŝĐŵĞŵŽ͕ůĂƐƚƌĞǀŝƐĞĚ:ƵŶĞϵ͕ϮϬϮϮ͕ǁĞƌĞƉƌŽǀŝĚĞĚĂƐƉĂƌƚŽĨƚŚĞƐƵďŵŝƚƚĂů͘ ƵŝůĚŝŶŐZĞǀŝĞǁ ƵŝůĚŝŶŐKĨĨŝĐŝĂůĂŶ'ƌŝŶƐƚĞŝŶŶĞƌĐŽŶĚƵĐƚĞĚĂĐƵƌƐŽƌLJƌĞǀŝĞǁŽĨƚŚĞƐƵďŵŝƚƚĞĚƉůĂŶƐĞƚƐĂŶĚƉƌŽǀŝĚĞĚĂ ŵĞŵŽƌĂŶĚƵŵĚĂƚĞĚ:ƵŶĞϮϭ͕ϮϬϮϮ;džŚŝďŝƚ&Ϳ͘WĞŶĚŝŶŐĂƉƉƌŽǀĂůŽĨƚŚĞƌĞƋƵĞƐƚƐ͕ƚŚĞƉƉůŝĐĂŶƚǁŝůůŶĞĞĚ ƚŽ ƐƵďŵŝƚ ĨƵůů ĐŽŶƐƚƌƵĐƚŝŽŶ ƉůĂŶƐ͕ ŝŶĐůƵĚŝŶŐ ďƵƚ ŶŽƚ ůŝŵŝƚĞĚƚŽ͗ ĂƌĐŚŝƚĞĐƚƵƌĂů͕ƐƚƌƵĐƚƵƌĂů͕ŵĞĐŚĂŶŝĐĂů͕ ƉůƵŵďŝŶŐ͕ĞůĞĐƚƌŝĐĂů͕Đŝǀŝů͕ůĂŶĚƐĐĂƉŝŶŐ͕ĂŶĚƉŚŽƚŽŵĞƚƌŝĐƉůĂŶƐƚŽƚŚĞŝƚLJĨŽƌƌĞǀŝĞǁ͘ĨŝƌĞƐƉƌŝŶŬůĞƌĂŶĚ ŵŽŶŝƚŽƌŝŶŐƐLJƐƚĞŵŝƐƌĞƋƵŝƌĞĚĨŽƌŝŶƐƚĂůůĂƚŝŽŶĂŶĚŝƐƚŽďĞŵĂŝŶƚĂŝŶĞĚĂƚĂůůƚŝŵĞƐ͕ĂŶĚƐƵĨĨŝĐŝĞŶƚĨŝƌĞ ŚLJĚƌĂŶƚƐƐŚĂůůďĞƉƌŽǀŝĚĞĚ͘ dŚĞƉƉůŝĐĂŶƚǁŝůůĂůƐŽŶĞĞĚƚŽŵĞĞƚĂŶLJŵŝŶŝŵƵŵƌĞƋƵŝƌĞŵĞŶƚƐǁŝƚŚƌĞŐĂƌĚƚŽƚŚĞďƵŝůĚŝŶŐĂŶĚƐŝƚĞ ŝŵƉƌŽǀĞŵĞŶƚƐ͕ĂŶĚƉƌŝŽƌƚŽŝƐƐƵĂŶĐĞŽĨĂŶLJďƵŝůĚŝŶŐƉĞƌŵŝƚƐ͕Ă^ĚĞƚĞƌŵŝŶĂƚŝŽŶƐŚĂůůďĞƐƵďŵŝƚƚĞĚƚŽ ƚŚĞDĞƚƌŽƉŽůŝƚĂŶŽƵŶĐŝůĂŶĚĂŶLJĂƐƐŽĐŝĂƚĞĚĨĞĞƐƐŚĂůůďĞƉĂŝĚĂƚƚŝŵĞŽĨƉĞƌŵŝƚŝƐƐƵĂŶĐĞ͘ ůůďƵŝůĚŝŶŐƉůĂŶƐĂƌĞƐƵďũĞĐƚƚŽƌĞǀŝĞǁĂŶĚĂƉƉƌŽǀĂůďLJƚŚĞƵŝůĚŝŶŐKĨĨŝĐŝĂůǁŝƚŚƌĞƐƉĞĐƚƚŽĂƉƉůŝĐĂďůĞ ĐŽĚĞƐƉƌŝŽƌƚŽƚŚĞŝƐƐƵĂŶĐĞŽĨƉĞƌŵŝƚƐ͘ WdZĞǀŝĞǁ ŝƚLJƐƚĂĨĨƌĞƋƵĞƐƚƐƚŚĂƚĂƐƉĂƌƚŽĨĂŶLJĐŽŶƐƚƌƵĐƚŝŽŶƐĞƚƌĞǀŝĞǁ͕ ĂWd ;ƌŝŵĞ WƌĞǀĞŶƚŝŽŶ ƚŚƌŽƵŐŚ ŶǀŝƌŽŶŵĞŶƚĂůĞƐŝŐŶͿƌĞǀŝĞǁďĞĐŽŵƉůĞƚĞĚďLJŝƚLJƐƚĂĨĨ͘ džƚĞƌŶĂůZĞǀŝĞǁƐ dŚĞƐƵďŵŝƚƚĞĚƉůĂŶƐĞƚƐǁĞƌĞĨŽƌǁĂƌĚĞĚŽŶƚŽĐŽŶƚĂĐƚƐĂƚ,ĞŶŶĞƉŝŶŽƵŶƚLJ͕ƚŚĞDŝŶŶĞƐŽƚĂĞƉĂƌƚŵĞŶƚ ŽĨ dƌĂŶƐƉŽƌƚĂƚŝŽŶ ;DŶKdͿ͕ ĂŶĚ ƚŚĞ tĂƚĞƌƐŚĞĚ ŽŵŵŝƐƐŝŽŶ ƌĞǀŝĞǁ͘ ŶLJ ĂƉƉƌŽǀĂů ŽĨ WůĂŶŶŝŶŐ ŽŵŵŝƐƐŝŽŶƉƉůŝĐĂƚŝŽŶEŽ͘ϮϬϮϮͲϬϬϰŝƐƐƵďũĞĐƚƚŽƚŚĞƉƉůŝĐĂŶƚĐŽŵƉůLJŝŶŐǁŝƚŚĂŶLJƌĞƋƵĞƐƚĞĚƌĞǀŝƐŝŽŶƐ ŽƌƌĞĐŽŵŵĞŶĚĂƚŝŽŶƐĂƐŽƵƚůŝŶĞĚďLJƚŚĞĂĨŽƌĞŵĞŶƚŝŽŶĞĚĂƵƚŚŽƌŝƚŝĞƐ͘ Based on the above noted findings, City staff recommends the Planning Commission recommend City Council approval of the requested site and building plans for the proposed redevelopment of the approximately 15-acre former Sears property, located at 1297 Shingle Creek, subject to the Applicant complying with the outlined Conditions of Approval, and approval of the related preliminary and final plat, Planned Unit Development/re-zoning, Zoning Code, and Comprehensive Plan Amendment requests. WWZKs>KE/d/KE^ͮEd//WdWZD/dd/E' ^ƚĂĨĨƌĞĐŽŵŵĞŶĚƐƚŚĞĨŽůůŽǁŝŶŐĐŽŶĚŝƚŝŽŶƐďĞĂƚƚĂĐŚĞĚƚŽĂŶLJƉŽƐŝƚŝǀĞƌĞĐŽŵŵĞŶĚĂƚŝŽŶŽŶƚŚĞĂƉƉƌŽǀĂů ŽĨWůĂŶŶŝŶŐŽŵŵŝƐƐŝŽŶƉƉůŝĐĂƚŝŽŶEŽ͘ϮϬϮϮͲϬϬϰĨŽƌƚŚĞ^ƵďũĞĐƚWƌŽƉĞƌƚLJůŽĐĂƚĞĚĂƚϭϮϵϳ^ŚŝŶŐůĞƌĞĞŬ ƌŽƐƐŝŶŐ͗ ϭ͘dŚĞďƵŝůĚŝŶŐƉůĂŶƐĂƌĞƐƵďũĞĐƚƚŽƌĞǀŝĞǁĂŶĚĂƉƉƌŽǀĂůďLJƚŚĞƵŝůĚŝŶŐKĨĨŝĐŝĂůĂƐŶŽƚĞĚŝŶƚŚĞ ŵĞŵŽƌĂŶĚƵŵĚĂƚĞĚ:ƵŶĞϮϭ͕ϮϬϮϮ͕ĂŶĚǁŝƚŚƌĞƐƉĞĐƚƚŽĂƉƉůŝĐĂďůĞĐŽĚĞƐƉƌŝŽƌƚŽƚŚĞŝƐƐƵĂŶĐĞŽĨ ƉĞƌŵŝƚƐ͖ĂŶĚƚŚĞĨŝŶĂůůŽĐĂƚŝŽŶŽƌƉůĂĐĞŵĞŶƚŽĨĂŶLJĨŝƌĞŚLJĚƌĂŶƚƐŽƌŽƚŚĞƌĨŝƌĞͲƌĞůĂƚĞĚďƵŝůĚŝŶŐ ĐŽĚĞŝƚĞŵƐƐŚĂůůďĞƌĞǀŝĞǁĞĚĂŶĚĂƉƉƌŽǀĞĚďLJƚŚĞ&ŝƌĞ/ŶƐƉĞĐƚŽƌ͘ Ă͘ŶLJŵĂũŽƌĐŚĂŶŐĞƐŽƌŵŽĚŝĨŝĐĂƚŝŽŶƐŵĂĚĞƚŽƚŚŝƐ^ŝƚĞĂŶĚƵŝůĚŝŶŐWůĂŶĐĂŶŽŶůLJďĞŵĂĚĞ ďLJĂŶĂŵĞŶĚŵĞŶƚƚŽƚŚĞĂƉƉƌŽǀĞĚ^ŝƚĞĂŶĚƵŝůĚŝŶŐWůĂŶĂƐĂƉƉƌŽ ǀĞĚďLJƚŚĞŝƚLJŽƵŶĐŝů͘ ƉƉ͘EŽ͘ϮϬϮϮͲϬϬϰ WϬϲͬϮϯͬϮϬϮϮ WĂŐĞϮϮ ď͘dŚĞďƵŝůĚŝŶŐƉůĂŶƐĂƌĞƐƵďũĞĐƚƚŽƌĞǀŝĞǁĂŶĚĂƉƉƌŽǀĂůďLJƚŚĞƵŝůĚŝŶŐKĨĨŝĐŝĂůǁŝƚŚƌĞƐƉĞĐƚ ƚŽĂƉƉůŝĐĂďůĞĐŽĚĞƐƉƌŝŽƌƚŽƚŚĞŝƐƐƵĂŶĐĞŽĨƉĞƌŵŝƚƐ͘ Đ͘dŚĞƉƉůŝĐĂŶƚƐŚĂůůǁŽƌŬƚŽĞŶƐƵƌĞĂůůĂƉƉůŝĐĂďůĞDŝŶŶĞƐŽƚĂ&ŝƌĞŽĚĞƌĞƋƵŝƌĞŵĞŶƚƐŚĂǀĞ ďĞĞŶŵĞƚĂƐƉĂƌƚŽĨĂŶLJƐŝƚĞƉůĂŶĂƉƉƌŽǀĂů͘ Ě͘ĨŝƌĞƐƉƌŝŶŬůĞƌƐLJƐƚĞŵŝƐƌĞƋƵŝƌĞĚƚŽďĞŝŶƐƚĂůůĞĚĂŶĚƐŚĂůůďĞŵĂŝŶƚĂŝŶĞĚŽŶĂĐŽŶƐŝƐƚĞŶƚ ďĂƐŝƐƉĞƌŝƚLJŽĚĞƌĞƋƵŝƌĞŵĞŶƚƐ͘ Ğ͘^ĞƚĞƌŵŝŶĂƚŝŽŶƐŚĂůůďĞƐƵďŵŝƚƚĞĚďLJƚŚĞƉƉůŝĐĂŶƚƚŽƚŚĞDĞƚƌŽƉŽůŝƚĂŶŽƵŶĐŝůĂŶĚ ĂŶLJĂƐƐŽĐŝĂƚĞĚĨĞĞĚƐƉĂŝĚĂƚƚŝŵĞŽĨĂŶLJƉĞƌŵŝƚŝƐƐƵĂŶĐĞ͘ Ĩ͘dŚĞƉƉůŝĐĂŶƚƐŚĂůůƉƌŽǀŝĚĞĂŶLJĨŝŶĂůƐŝƚĞĂŶĚďƵŝůĚŝŶŐƉůĂŶƐƚŽŝƚLJƐƚĂĨĨĨŽƌĂWdƌĞǀŝĞǁ ĂŶĚŵĂŬĞĂůƚĞƌĂƚŝŽŶƐĂƐŶĞĐĞƐƐĂƌLJƉƌŝŽƌƚŽƉĞƌŵŝƚƌĞůĞĂƐĞ͘ Ő͘dŚĞƐƵďŵŝƚƚĞĚůĂŶĚƐĐĂƉĞƉůĂŶƐƐŚĂůůďĞƌĞǀŝƐĞĚƚŽŵĞĞƚŝƚLJ͛ƐŵŝŶŝŵƵŵ>ĂŶĚƐĐĂƉĞWŽŝŶƚ ^LJƐƚĞŵƉŽůŝĐLJƌĞƋƵŝƌĞŵĞŶƚƐĂŶĚĂŶŝĚĞŶƚŝĨŝĞĚ͞ŽĨĨŝĐĞͬŝŶĚƵƐƚƌŝĂů͟ƵƐĞ͘ Ś͘dŚĞƉƉůŝĐĂŶƚƐŚĂůůŝŶƐƚĂůůŝƌƌŝŐĂƚŝŽŶƐLJƐƚĞŵƐǁŚĞƌĞŶĞĐĞƐƐĂƌLJƚŽĨĂĐŝůŝƚĂƚĞŵĂŝŶƚĞŶĂŶĐĞŽĨ ƐŝƚĞůĂŶĚƐĐĂƉŝŶŐĂŶĚŐƌĞĞŶĂƌĞĂƐ͕ĂŶĚŝƌƌŝŐĂƚŝŽŶƐŚŽƉĚƌĂǁŝŶŐƐĨŽƌƌĞǀŝĞǁĂŶĚĂƉƉƌŽǀĂů ƉƌŝŽƌƚŽŝŶƐƚĂůůĂƚŝŽŶ͘ ŝ͘dŚĞƉƉůŝĐĂŶƚƐŚĂůůƌĞǀŝƐĞƚŚĞƐƵďŵŝƚƚĞĚƉŚŽƚŽŵĞƚƌŝĐƉůĂŶƚŽƌĞĨůĞĐƚŵŝŶŝŵƵŵ͕ŵĂdžŝŵƵŵ͕ ĂŶĚĂǀĞƌĂŐĞĨŽŽƚͲĐĂŶĚůĞƐƉĞƌĨŝdžƚƵƌĞ͕ĂŶĚĐůĞĂƌůLJŝĚĞŶƚŝĨLJĂůůƉƌŽƉĞƌƚLJůŝŶĞƐ͘ ŝ͘dŚĞƉƉůŝĐĂŶƚƐŚĂůůǁŽƌŬǁŝƚŚƚŚĞĂĚũĂĐĞŶƚƉƌŽƉĞƌƚLJŽǁŶĞƌĨŽƌ^ŚŝŶŐůĞƌĞĞŬ ƌŽƐƐŝŶŐƚŽĞŶƐƵƌĞĐŽŶƐŝƐƚĞŶĐLJŝŶůŝŐŚƚŝŶŐĂŶĚůĂŶĚƐĐĂƉŝŶŐĂůŽŶŐƚŚĞŶŽƌƚŚĚƌŝǀĞ ďĞƚǁĞĞŶƚŚĞ^ƵďũĞĐƚWƌŽƉĞƌƚLJĂŶĚ^ŚŝŶŐůĞƌĞĞŬƌŽƐƐŝŶŐ͘ ŝŝ͘WŚŽƚŽŵĞƚƌŝĐ ƉůĂŶƐ ƐŚĂůů ďĞ ƌĞǀŝƐĞĚ ĂƐ ŶĞĞĚĞĚ ƚŽ ŝŶĐŽƌƉŽƌĂƚĞ ĂĚĚŝƚŝŽŶĂů ƉĞĚĞƐƚƌŝĂŶͲůĞǀĞů ůŝŐŚƚŝŶŐ ĨŽƌ ŵĂŝŶ ďƵŝůĚŝŶŐ ĞŶƚƌĂŶĐĞ ƉŽŝŶƚƐ ĂŶĚƐŝĚĞǁĂůŬ ĐŽŶŶĞĐƚŝŽŶƐ͘ ũ͘ŶLJŽƵƚƐŝĚĞƚƌĂƐŚĚŝƐƉŽƐĂůĨĂĐŝůŝƚŝĞƐĂŶĚƌŽŽĨƚŽƉŽƌŐƌŽƵŶĚŵĞĐŚĂŶŝĐĂůĞƋƵŝƉŵĞŶƚƐŚĂůůďĞ ĂƉƉƌŽƉƌŝĂƚĞůLJ ƐĐƌĞĞŶĞĚ ĨƌŽŵ ǀŝĞǁ ƉĞƌ ŝƚLJ ŽĚĞ ƌĞƋƵŝƌĞŵĞŶƚƐ ĂŶĚǁŝƚŚŵĂƚĞƌŝĂůƐ ĐŽŵƉůĞŵĞŶƚĂƌLJƚŽƚŚĞƉƌŝŶĐŝƉĂůďƵŝůĚŝŶŐ͕ĂŶĚĂŶƵƉĚĂƚĞĚĚĞƚĂŝůƐƐŚĞĞƚƉƌŽǀŝĚĞĚ͘ Ŭ͘dŚĞƉƉůŝĐĂŶƚƐŚĂůůƐƵďŵŝƚĂ^ŝŐŶWĞƌŵŝƚƉƉůŝĐĂƚŝŽŶĨŽƌĂŶLJƉƌŽƉŽƐĞĚƐŝŐŶĂŐĞ;Ğ͘Ő͕͘ǁĂůů͕ ĨƌĞĞƐƚĂŶĚŝŶŐͿĂŶĚƌĞĐĞŝǀĞŝƐƐƵĂŶĐĞŽĨĂƉĞƌŵŝƚƉƌŝŽƌƚŽĂŶLJŝŶƐƚĂůůĂƚŝŽŶ͘ůůƐŝŐŶĂŐĞƐŚĂůů ĐŽŶĨŽƌŵƚŽŝƚLJƌĞƋƵŝƌĞŵĞŶƚƐ͘  Ϯ͘dŚĞƉƉůŝĐĂŶƚĂŐƌĞĞƐƚŽĐŽŵƉůLJǁŝƚŚĂůůĐŽŶĚŝƚŝŽŶƐŽƌƉƌŽǀŝƐŝŽŶƐŶŽƚĞĚŝŶƚŚĞŝƚLJŶŐŝŶĞĞƌ͛Ɛ ƌĞǀŝĞǁŵĞŵŽƌĂŶĚƵŵ͕ĚĂƚĞĚ:ƵŶĞϭϳ͕ϮϬϮϮ͘ Ă͘&ŝŶĂůŐƌĂĚŝŶŐ͕ĚƌĂŝŶĂŐĞ͕ƵƚŝůŝƚLJ͕ĂŶĚĞƌŽƐŝŽŶĐŽŶƚƌŽůƉůĂŶƐĂŶĚĂŶLJŽƚŚĞƌƐŝƚĞĞŶŐŝŶĞĞƌŝŶŐ ƌĞůĂƚĞĚŝƐƐƵĞƐĂƌĞƐƵďũĞĐƚƚŽƌĞǀŝĞǁĂŶĚĂƉƉƌŽǀĂůďLJƚŚĞŝƚLJŶŐŝŶĞĞƌĨŽƌŝƚLJƐŝƚĞĂŶĚ ďƵŝůĚŝŶŐƉůĂŶĂƉƉƌŽǀĂůĂŶĚƉƌŝŽƌƚŽƚŚĞŝƐƐƵĂŶĐĞŽĨƉĞƌŵŝƚƐ͘ ď͘ŶLJƌĞƋƵŝƌĞŵĞŶƚƐĂƐŽƵƚůŝŶĞĚŝŶƌĞǀŝĞǁƐĐŽŶĚƵĐƚĞĚďLJ,ĞŶŶĞƉŝŶŽƵŶƚLJ͕ƚŚĞDŝŶŶĞƐŽƚĂ ĞƉĂƌƚŵĞŶƚŽĨdƌĂŶƐƉŽƌƚĂƚŝŽŶ;DŶKdͿ͕ĂŶĚƚŚĞtĂƚĞƌƐŚĞĚŽŵŵŝƐƐŝŽŶ͘  ϯ͘ŐƌĞĞŵĞŶƚƐ͗ Ă͘dŚĞƉƉůŝĐĂŶƚƐŚĂůůĞŶƚĞƌŝŶƚŽĂWhĂŐƌĞĞŵĞŶƚǁŝƚŚƚŚĞŝƚLJŽĨƌŽŽŬůLJŶĞŶƚĞƌ͘dŚŝƐ ĂŐƌĞĞŵĞŶƚŝƐƚŽďĞƌĞǀŝĞǁĞĚĂŶĚĂƉƉƌŽǀĞĚďLJƚŚĞŝƚLJƚƚŽƌŶĞLJƉƌŝŽƌƚŽƚŚĞŝƐƐƵĂŶĐĞŽĨ ďƵŝůĚŝŶŐƉĞƌŵŝƚƐ͘dŚĞĂŐƌĞĞŵĞŶƚƐŚĂůůĨƵƌƚŚĞƌĂƐƐƵƌĞĐŽŵƉůŝĂŶĐĞǁŝƚŚƚŚĞĚĞǀĞůŽƉŵĞŶƚ ƉůĂŶƐƐƵďŵŝƚƚĞĚǁŝƚŚƚŚŝƐĂƉƉůŝĐĂƚŝŽŶ͘ ŝ͘EŽŽƵƚĚŽŽƌƐƚŽƌĂŐĞŽƌĚŝƐƉůĂLJŽĨŵĂƚĞƌŝĂůƐ͕ĞƋƵŝƉŵĞŶƚ͕ŽƌƉƌŽĚƵĐƚƐĂĐĐĞƐƐŽƌLJĂŶĚ ŶĞĐĞƐƐĂƌLJƚŽĂƉƌŝŶĐŝƉĂůĂŶĚƉĞƌŵŝƚƚĞĚƵƐĞŝƐƉĞƌŵŝƚƚĞĚ͘  ŝŝ͘tĂƌĞŚŽƵƐŝŶŐĂŶĚǁŚŽůĞƐĂůŝŶŐƐŚĂůůŶŽƚĞdžĐĞĞĚϴϬͲƉĞƌĐĞŶƚŽĨƚŚĞƚŽƚĂůĨůŽŽƌĂƌĞĂ͘ dŚĞƌĞŵĂŝŶŝŶŐϮϬͲƉĞƌĐĞŶƚŽĨƚŚĞƚŽƚĂůĨůŽŽƌĂƌĞĂƐŚĂůůďĞŶŽŶͲǁĂƌĞŚŽƵƐĞƵƐĞƐ͕ ƉƉ͘EŽ͘ϮϬϮϮͲϬϬϰ WϬϲͬϮϯͬϮϬϮϮ WĂŐĞϮϯ ƐƵĐŚĂƐĂĐŽŵďŝŶĂƚŝŽŶŽĨƵƐĞƐŝŶĐůƵĚŝŶŐ͕ďƵƚŶŽƚůŝŵŝƚĞĚƚŽ͗ŽĨ ĨŝĐĞ͕ŵĂŶƵĨĂĐƚƵƌŝŶŐ͕ ƉƌŽĚƵĐƚŝŽŶ͕ƌĞƐĞĂƌĐŚĂŶĚĚĞǀĞůŽƉŵĞŶƚ͕ĂŶĚůĂďĂŶĚͬŽƌƐŚŽǁƌŽŽŵ͘  ŝŝŝ͘ŝƐƚƌŝďƵƚŝŽŶĨĂĐŝůŝƚŝĞƐĂƌĞŶŽƚĂƉĞƌŵŝƚƚĞĚƵƐĞ͘&ŽƌƚŚĞƉƵƌƉŽƐĞƐŽĨƚŚŝƐWůĂŶŶĞĚ hŶŝƚ ĞǀĞůŽƉŵĞŶƚ ;WhͿ͕Ă ĚŝƐƚƌŝďƵƚŝŽŶ ĨĂĐŝůŝƚLJ ŝƐ ĚĞĨŝŶĞĚ ĂƐĂďƵƐŝŶĞƐƐƚŚĂƚ ƌĞĐĞŝǀĞƐƉĂĐŬĂŐĞƐ͕ƐŽƌƚƐ͕ĂŶĚĚĞůŝǀĞƌƐƚŚĞŵǁŝƚŚŽƵƚƉƌŽĚƵĐƚƐƚŽƌĂŐĞ͘ŝƐƚƌŝďƵƚŝŽŶ ĂƐĂŶĂĐĐĞƐƐŽƌLJƵƐĞŝƐƉĞƌŵŝƚƚĞĚŽŶůLJǁŚĞŶŝƚŽĐĐƵƌƐĨƌŽŵĂŵĂŶ ƵĨĂĐƚƵƌŝŶŐĨĂĐŝůŝƚLJ ŽƌĂǁĂƌĞŚŽƵƐĞǁŚĞƌĞĂƉƌŽĚƵĐƚŝƐŵĂĚĞŽƌƉĂĐŬĂŐĞĚŽŶͲƐŝƚĞ͘  ď͘WĞƌĨŽƌŵĂŶĐĞŐƌĞĞŵĞŶƚǁŝƚŚƐƵƉƉŽƌƚŝŶŐĨŝŶĂŶĐŝĂůŐƵĂƌĂŶƚĞĞĂƉƉƌŽǀĞĚďLJƚŚĞŝƚLJƐŚĂůů ďĞĞdžĞĐƵƚĞĚƵƉŽŶĂŶLJĂƉƉƌŽǀĂůŽĨƚŚĞƚŽͲďĞƐƵďŵŝƚƚĞĚďƵŝůĚŝŶŐƉĞƌŵŝƚ ĨŽƌ ƐŝƚĞ ŝŵƉƌŽǀĞŵĞŶƚƐ͕ǁŚŝĐŚĞŶƐƵƌĞƐƚŚĞ^ƵďũĞĐƚWƌŽƉĞƌƚLJǁŝůůďĞĐŽŶƐƚƌƵĐƚĞĚ͕ĚĞǀĞůŽƉĞĚ͕ĂŶĚ ŵĂŝŶƚĂŝŶĞĚŝŶĐŽŶĨŽƌŵĂŶĐĞǁŝƚŚƚŚĞƉůĂŶƐ͕ƐƉĞĐŝĨŝĐĂƚŝŽŶƐ͕ĂŶĚƐƚĂŶĚĂƌĚƐ͘ Đ͘dŚĞĞǀĞůŽƉĞƌƐŚĂůůƐƵďŵŝƚĂŶĂƐͲďƵŝůƚƐƵƌǀĞLJŽĨƚŚĞƉƌŽƉĞƌƚLJ͕ŝŵƉƌŽǀĞŵĞŶƚƐ͕ĂŶĚƵƚŝůŝƚLJ ƐĞƌǀŝĐĞůŝŶĞƐƉƌŝŽƌƚŽƌĞůĞĂƐĞŽĨĂŶLJWĞƌĨŽƌŵĂŶĐĞŐƌĞĞŵĞŶƚĨŝŶĂŶĐŝĂůŐƵĂƌĂŶƚĞĞ͘ Ě͘hƚŝůŝƚLJ&ĂĐŝůŝƚŝĞƐĂƐĞŵĞŶƚŐƌĞĞŵĞŶƚŝƐƌĞƋƵŝƌĞĚĨŽƌƐƵďŵŝƚƚĂůƚŽƚŚĞŝƚLJƉƌŝŽƌƚŽ ŝƐƐƵĂŶĐĞŽĨĂŶLJƉĞƌŵŝƚƐ͘ Ğ͘ŽŶƐƚƌƵĐƚŝŽŶDĂŶĂŐĞŵĞŶƚWůĂŶĂŶĚŐƌĞĞŵĞŶƚĂŶĚĂƐƐŽĐŝĂƚĞĚĞƐĐƌŽǁĂƌĞƌĞƋƵŝƌĞĚĨŽƌ ƐƵďŵŝƚƚĂůƉƌŝŽƌƚŽƚŚĞŝƚLJƉƌŝŽƌƚŽŝƐƐƵĂŶĐĞŽĨĂŶLJƉĞƌŵŝƚƐ͘ Ĩ͘dŚĞƉƉůŝĐĂŶƚƐŚĂůůĐŽŽƌĚŝŶĂƚĞǁŝƚŚĂĚũĂĐĞŶƚƉƌŽƉĞƌƚLJŽǁŶĞƌƐĂŶĚƚŚĞŝƚLJƚŽĞdžĞĐƵƚĞĂŶLJ ĐƌŽƐƐĂĐĐĞƐƐĂŶĚƉĂƌŬŝŶŐĂŐƌĞĞŵĞŶƚƐĨŽƌƚŚĞƉƌŽƉŽƐĞĚƐŝƚĞŝŵƉƌŽǀĞŵĞŶƚƐ͘EŽďƵŝůĚŝŶŐ ƉĞƌŵŝƚƐ ƐŚĂůů ďĞ ŝƐƐƵĞĚ ƵŶƚŝů ƐƵĐŚ ĚĞƚĞƌŵŝŶĂƚŝŽŶ ŝƐ ŵĂĚĞ ĂŶĚ ĂŶLJ ĂŐƌĞĞŵĞŶƚƐ ĂƌĞ ƌĞĐŽƌĚĞĚǁŝƚŚ,ĞŶŶĞƉŝŶŽƵŶƚLJ͘ Ő͘dŚĞƉƉůŝĐĂŶƚƐŚĂůůǁŽƌŬǁŝƚŚƚŚĞŝƚLJĨŽƌĚĞĚŝĐĂƚŝŽŶŽĨƚŚĞƉƌŽƉŽƐĞĚƚƌĂŝůĞĂƐĞŵĞŶƚĂŶĚ ƉƌŽǀŝƐŝŽŶŽĨƚƌĂŝůƉƌŽĨŝůĞĂŶĚƉůĂŶƐ͘  ϰ͘WůĂƚƚŝŶŐ͗ Ă͘ƉƉƌŽǀĂůŽĨƚŚĞƉƌĞůŝŵŝŶĂƌLJĂŶĚĨŝŶĂůƉůĂƚĨŽƌEKZd,ϭϬϬh^/E^^WZ</d/KEĂƌĞ ĐŽŶƚŝŶŐĞŶƚ ƵƉŽŶ ƚŚĞ ĂĚĚƌĞƐƐŝŶŐ ŽĨ ĐŽŵŵĞŶƚƐ ďLJ ŝƚLJ ŶŐŝŶĞĞƌ DŝŬĞ ůďĞƌƐ ŝŶ ƚŚĞ ŵĞŵŽƌĂŶĚƵŵĚĂƚĞĚ:ƵŶĞϭϳ͕ϮϬϮϮ͘ ŝ͘ϭϬͲĨŽŽƚĚƌĂŝŶĂŐĞĂŶĚƵƚŝůŝƚLJĞĂƐĞŵĞŶƚƐŚĂůůďĞĚĞĚŝĐĂƚĞĚŽŶƚ ŚĞƉůĂƚĂƌŽƵŶĚƚŚĞ ĞŶƚŝƌĞƉĞƌŝŵĞƚĞƌŽĨƚŚĞ^ƵďũĞĐƚWƌŽƉĞƌƚLJĂŶĚĐĞŶƚĞƌĞĚŽŶŽƚŚĞƌůŽƚůŝŶĞƐ͘ ŝŝ͘ůůƵƚŝůŝƚŝĞƐĂŶĚƐƚŽƌŵǁĂƚĞƌŵĂŶĂŐĞŵĞŶƚĨĂĐŝůŝƚŝĞƐƚŽďĞůŽĐĂƚĞĚǁŝƚŚŝŶƐĂŝĚ ĚƌĂŝŶĂŐĞĂŶĚƵƚŝůŝƚLJĞĂƐĞŵĞŶƚ͘ ŝŝŝ͘ĚĚŝƚŝŽŶĂůĚĞĚŝĐĂƚŝŽŶŽĨĂƵƚŝůŝƚLJĞĂƐĞŵĞŶƚŝƐƌĞƋƵĞƐƚĞĚŽŶƚŚĞƉůĂƚĨŽƌƚŚĞƉƌŝǀĂƚĞ ǁĂƚĞƌŵĂŝŶĂŶĚƐĂŶŝƚĂƌLJƚŽĂůůŽǁĨŽƌŵĂŝŶƚĞŶĂŶĐĞĂĐĐĞƐƐƉĞƌƚŚĞhƚŝůŝƚLJ&ĂĐŝůŝƚŝĞƐ ĂƐĞŵĞŶƚŐƌĞĞŵĞŶƚ͘ ď͘&ŝŶĂůƉůĂƚĂŶĚŵLJůĂƌƐŚĂůůďĞƐƵďũĞĐƚƚŽƚŚĞƉƌŽǀŝƐŝŽŶƐŽĨŚĂƉƚĞƌϭϱŽĨƚŚĞŝƚLJŽĚĞŽĨ KƌĚŝŶĂŶĐĞƐ;Platting). Đ͘ŶLJĨŝŶĂůƉůĂƚĐŽŵŵĞŶƚƐĂŶĚͬŽƌƌĞƋƵŝƌĞŵĞŶƚƐĂƐƉƌŽǀŝĚĞĚďLJ,ĞŶŶĞƉŝŶŽƵŶƚLJ͘ Ě͘ŶLJ ĨŝŶĂů ƉůĂƚ ĐŽŵŵĞŶƚƐ ĂŶĚͬŽƌ ƌĞƋƵŝƌĞŵĞŶƚƐ ĨƌŽŵ ƚŚĞ ŝƚLJ ƚƚŽƌŶĞLJ͛Ɛ ŽĨĨŝĐĞ͕ ĂŶĚ ƐƉĞĐŝĨŝĐĂůůLJƌĞŐĂƌĚŝŶŐĂŶƵƉĚĂƚĞĚĐĞƌƚŝĨŝĞĚĂďƐƚƌĂĐƚŽĨƚŝƚůĞ͘ Ğ͘dŚĞƐƵĐĐĞƐƐĨƵůƌĞĐŽƌĚŝŶŐŽĨƐĂŝĚƉůĂƚ;ŵLJůĂƌͿǁŝƚŚ,ĞŶŶĞƉŝŶŽƵŶƚLJ͘  ZKDDEd/KE Based on the above-noted findings, staff recommends the following motion: Motion to approve a Resolution recommending that the City Council approve (1) preliminary and final plat ƉƉ͘EŽ͘ϮϬϮϮͲϬϬϰ WϬϲͬϮϯͬϮϬϮϮ WĂŐĞϮϰ for the NORTH 100 BUSINESS PARK ADDITION, (2) the submitted site and building plan, (3) re-zoning and establishment of a Planned Unit Development, (4) an amendment to the Zoning Code and associated Map to remove the Subject Property located at 1297 Shingle Creek Crossing from the Central Commerce Overlay District, and (5) an amendment to the City’s 2040 Comprehensive Plan to allow for a re-designation of the Subject Property from Transit-Oriented Development (TOD) to Business Mixed-Use (B-MU), based on the submitted plans and findings of fact, as amended by the Conditions of Approval in the June 23, 2022 Planning Commission Report, and subject to final approval by the Metropolitan Council for the requested Comprehensive Plan Amendment. dd,DEd^ džŚŝďŝƚʹWůĂŶŶŝŶŐŽŵŵŝƐƐŝŽŶƉƉůŝĐĂƚŝŽŶEŽ͘ϮϬϮϮͲϬϬϰWůĂŶƐĂŶĚŽĐƵŵĞŶƚƐ͕ƐƵďŵŝƚƚĞĚDĂLJϮϰ͕ϮϬϮϮ͘ džŚŝďŝƚʹWƵďůŝĐ,ĞĂƌŝŶŐEŽƚŝĐĞĚWƌŽŽĨ͕ƐƵďŵŝƚƚĞĚĨŽƌƉƵďůŝĐĂƚŝŽŶŝŶƚŚĞƌŽŽŬůLJŶĞŶƚĞƌ^ƵŶWŽƐƚ͕ĂŶĚĚĂƚĞĚ :ƵŶĞϭϲ͕ϮϬϮϮ͘ džŚŝďŝƚʹŝƚLJŽƵŶĐŝůŽŶĐĞƉƚWůĂŶZĞǀŝĞǁDĞŵŽƐ͕ĚĂƚĞĚDĂLJϮϰ͕ϮϬϮϭ͕ĂŶĚEŽǀĞŵďĞƌϮϮ͕ϮϬϮϭ͘ džŚŝďŝƚʹŝƚLJŽƵŶĐŝůZĞƐŽůƵƚŝŽŶEŽ͘ϮϬϭϭͲϭϮϴ;Resolution Regarding the Disposition of Planning Commission Application No. 2011-015 Submitted by Sears, Roebuck and Co.). džŚŝďŝƚʹZĞǀŝĞǁDĞŵŽƌĂŶĚƵŵ͕ƉƌĞƉĂƌĞĚďLJŝƚLJŶŐŝŶĞĞƌDŝŬĞůďĞƌƐ͕ĂŶĚĚĂƚĞĚ:ƵŶĞϭϳ͕ϮϬϮϮ͕ĂŶĚƉƌŽǀŝĚĞĚ ƌĞĚůŝŶĞĚĐŝǀŝůĂŶĚƉůĂƚƐĞƚƐ͘ džŚŝďŝƚ&ʹZĞǀŝĞǁDĞŵŽƌĂŶĚƵŵ͕ƉƌĞƉĂƌĞĚďLJƵŝůĚŝŶŐKĨĨŝĐŝĂůĂŶ'ƌŝŶƐƚĞŝŶŶĞƌ͕ĂŶĚĚĂƚĞĚ:ƵŶĞϮϭ͕ϮϬϮϮ͘ ^ĐĂŶŶĞůůWƌŽƉĞƌƚŝĞƐ Ϯϵϰ'ƌŽǀĞ>ĂŶĞĂƐƚ ^ƵŝƚĞϭϰϬ tĂLJnjĂƚĂ͕DEϱϱϯϵϭ ;ϳϲϯͿϯϯϭͲϴϴϱϬ ǁǁǁ͘ƐĐĂŶŶĞůůƉƌŽƉĞƌƚŝĞƐ͘ĐŽŵ &ĞďƌƵĂƌLJϭϲ͕ϮϬϮϮ ŝƚLJŽĨƌŽŽŬůLJŶĞŶƚĞƌ ϲϯϬϭ^ŚŝŶŐůĞƌĞĞŬWĂƌŬǁĂLJ ƌŽŽŬůLJŶĞŶƚĞƌ͕DEϱϱϰϯϬͲϮϭϵϵ Z͗ ƉƉůŝĐĂƚŝŽŶĨŽƌWůĂŶŶŝŶŐŽŶƐŝĚĞƌĂƚŝŽŶ EŽƌƚŚϭϬϬƵƐŝŶĞƐƐWĂƌŬ͕ĂƉůĂŶŶĞĚƌĞĚĞǀĞůŽƉŵĞŶƚŽĨƚŚĞĨŽƌŵĞƌ^ĞĂƌƐƐŝƚĞ ϭϮϵϳ^ŚŝŶŐůĞƌĞĞŬƌŽƐƐŝŶŐ͕ƌŽŽŬůLJŶĞŶƚĞƌ͕DEϱϱϰϯϬ ĞĂƌWůĂŶŶŝŶŐŽŵŵŝƐƐŝŽŶΘŝƚLJŽƵŶĐŝů͗ ^ĐĂŶŶĞůůWƌŽƉĞƌƚŝĞƐŝƐƌĞƋƵĞƐƚŝŶŐ^ŝƚĞΘƵŝůĚŝŶŐWůĂŶƉƉƌŽǀĂů͕WƌĞůŝŵŝŶĂƌLJWůĂƚ͕&ŝŶĂůWůĂƚ͕ĂŶĚĂWh ŵĞŶĚŵĞŶƚĂƚƚŚĞĨŽƌŵĞƌ^ĞĂƌƐƐŝƚĞŶĞĂƌƚŚĞŝŶƚĞƌƐĞĐƚŝŽŶŽĨƌŽŽŬůLJŶŽƵůĞǀĂƌĚĂŶĚ,ŝŐŚǁĂLJϭϬϬ͘tĞ ĂƌĞƉƌŽƉŽƐŝŶŐĐŽŶƐƚƌƵĐƚŝŽŶŽĨƚǁŽƐŝŶŐůĞͲƐƚŽƌLJďƵƐŝŶĞƐƐƉĂƌŬďƵŝůĚŝŶŐƐŽŶнͬͲϭϱ͘ϯĂĐƌĞƐ͘ƚŽƚĂůŝŶŐϮϮϴ͕ϳϱϬ ƐƋƵĂƌĞĨĞĞƚ͕ŝŶĐůƵĚŝŶŐŽŶĞϭϮϬ͕ϬϬϬƐƋƵĂƌĞĨŽŽƚďƵŝůĚŝŶŐĂŶĚŽŶĞϭϬϴ͕ϳϱϬƐƋƵĂƌĞĨŽŽƚďƵŝůĚŝŶŐ͘dŚĞ ƉƌŽƉŽƐĞĚďƵŝůĚŝŶŐƐĂƌĞƐƉĞĐƵůĂƚŝǀĞŝŶŶĂƚƵƌĞǁŝƚŚŶŽƉƌĞͲůĞĂƐĞƚĞŶĂŶƚƐŝĚĞŶƚŝĨŝĞĚĂƚƚŚŝƐƚŝŵĞĂŶĚǁŝůůĞĂĐŚ ĂĐĐŽŵŵŽĚĂƚĞďĞƚǁĞĞŶŽŶĞĂŶĚĨŽƵƌďƵƐŝŶĞƐƐĞƐ͘ dŚĞďƵŝůĚŝŶŐƐǁŝůůďĞĐŽŶƐƚƌƵĐƚĞĚŽĨƉƌĞͲĐĂƐƚƉĂŶĞůƐǁŝƚŚƌĞǀĞĂůƐĂŶĚƉĂŝŶƚĞĚĨŽƌĂƉůĞĂƐŝŶŐĐŽŵƉŽƐŝƚŝŽŶ ŽĨĐŽůŽƌĂŶĚŐĞŽŵĞƚƌŝĞƐ͘dŚĞLJǁŝůůŚĂǀĞŝŶƚĞƌŝŽƌĐůĞĂƌŚĞŝŐŚƚƐŽĨϮϴ͛ƚŽĂƚƚƌĂĐƚďƵƐŝŶĞƐƐĞƐŝŶŶĞĞĚŽĨ ŵŽĚĞƌŶ͕ůĂƐƐ͕ƐƉĂĐĞƚŽŽƉĞƌĂƚĞĂŶĚŐƌŽǁ͘dŚĞďƵŝůĚŝŶŐƐǁŝůůďĞĂĐĐĞŶƚĞĚǁŝƚŚŐůĂƐƐǁŝŶĚŽǁƐLJƐƚĞŵƐ ƉƌŽǀŝĚŝŶŐĂƚǁŽͲƐƚŽƌLJƉĞƌƐƉĞĐƚŝǀĞ͕ƐƚĞƉƐŝŶƚŚĞƉƌĞĐĂƐƚƐLJƐƚĞŵďŽƚŚŝŶƉůĂŶĂŶĚĞůĞǀĂƚŝŽŶ͕ĚĞĐŽƌĂƚŝǀĞŵĞƚĂů ƉĂŶĞůƐ͕ĂŶĚĞŶƚƌLJĐĂŶŽƉŝĞƐ͘ dŚĞ ƉƌŝŵĂƌLJ ƐŝƚĞ ĂĐĐĞƐƐǁŝůů ďĞ ĨƌŽŵϱϱ ƚŚ ǀĞŶƵĞ ĂŶĚ yĞƌdžĞƐ ǀĞŶƵĞ ƚŽ ƚŚĞ ǁĞƐƚ ĂŶĚ ǁŝůů ŝŶĐůƵĚĞ ĐŽŶŶĞĐƚŝŽŶƐƚŽƚŚĞƐƵƌƌŽƵŶĚŝŶŐĂĐĐĞƐƐĚƌŝǀĞƐƐŚĂƌĞĚǁŝƚŚƚŚĞĂĚũĂĐĞŶƚƉƌŽƉĞƌƚŝĞƐ͘dŚĞƉƌŽƉŽƐĞĚƉůĂŶ ŝŶĐůƵĚĞƐƉĞĚĞƐƚƌŝĂŶǁĂLJƐƚŚƌŽƵŐŚŽƵƚƚŚĞƉƌŽũĞĐƚǁŝƚŚĐŽŶŶĞĐƚŝŽŶƐƚŽƚŚĞƐƵƌƌŽƵŶĚŝŶŐƐŝĚĞǁĂůŬƐĂŶĚƚƌĂŝůƐ͘ dŚĞƐŚĂƌĞĚƚƌƵĐŬĐŽƵƌƚďĞƚǁĞĞŶƚŚĞďƵŝůĚŝŶŐƐǁŝůůďĞƐĐƌĞĞŶĞĚǁŝƚŚĂďĞƌŵĂŶĚůĂŶĚƐĐĂƉŝŶŐĂůŽŶŐƚŚĞ ƐŽƵƚŚĞĚŐĞĂŶĚĂŵƉůĞůĂŶĚƐĐĂƉŝŶŐǁŝƚŚŝŶƐƚƌĂƚĞŐŝĐĂůůLJĂůŝŐŶĞĚŝƐůĂŶĚƐŽŶƚŚĞŶŽƌƚŚƐŝĚĞ͘dŚĞƉƌŽũĞĐƚ ĂƌĐŚŝƚĞĐƚŝƐDŽŚĂŐĞŶ,ĂŶƐĞŶŽƵƚŽĨtĂLJnjĂƚĂ͕DE͕ĂŶĚƚŚĞĐŝǀŝůĞŶŐŝŶĞĞƌŝƐ<ŝŵůĞLJͲ,ŽƌŶŽƵƚŽĨ^ƚ͘WĂƵů͕ DE͘ ƐĚŝƐĐƵƐƐĞĚŝŶƉƌĞǀŝŽƵƐǁŽƌŬƐĞƐƐŝŽŶƐǁŝƚŚŝƚLJŽƵŶĐŝů͕ƐĞǀĞƌ ĂůƵƐĞƐŚĂǀĞďĞĞŶĞdžƉůŽƌĞĚĨŽƌƚŚŝƐƐŝƚĞŽǀĞƌ ƚŚĞůĂƐƚLJĞĂƌĂŶĚďĞLJŽŶĚ͘hůƚŝŵĂƚĞůLJ͕ǁĞŚĂǀĞĐŽŶĐůƵĚĞĚƚŚĞŚŝŐŚĞƐƚĂŶĚďĞƐƚƵƐĞƚŚĂƚĐĂŶďĞƐƵƉƉŽƌƚĞĚ 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(( 6 + ( ( 7 /    $1 ' 35 ( 9 ( 1 7 &, 5 & / , 1 * ), % 5 2 8 6 52 2 7 6  5( 0 2 9 ( 25 &2 5 5 ( & 7 67 ( 0 *, 5 ' / , 1 *  5 2 2 7 6   3 / 8 0 %  $ 1 '  % $ & . ) , / /  : , 7 +  3 / $ 1 7 , 1 *  6 2 , /   : $ 7 ( 5  7 + 2 5 2 8 * + / <  : , 7 + , 1    + 2 8 5 6  7 2  6 ( 7 7 / (  3 / $ 1 7 6  $ 1 '  ) , / / 92 , ' 6   % $ & .  ) , / /  9 2 , ' 6  $ 1 '  : $ 7 ( 5  6 ( & 2 1 '  7 , 0 (   3 / $ & (  0 8 / & +  : , 7 + , 1     + 2 8 5 6  2 )  7 + (  6 ( & 2 1 '  : $ 7 ( 5 , 1 *  8 1 / ( 6 6 62 , /  0 2 , 6 7 8 5 (  , 6  ( ; & ( 6 6 , 9 (   0 , ;  , 1       2 )  2 5 * $ 1 , &  & 2 0 3 2 6 7  6+ 5 8 %    3 ( 5 ( 1 1 , $ /  3 / $ 1 7 , 1 *  ' ( 7 $ , / 6& $ / (    1  7  6  /    08 / & +  $ 7  3 / $ 1 7 , 1 *  $ 5 ( $ 63 $ ' ( '  ( ' * (   9   6 + $ 3 ( '      : , ' 7 +    ' ( 3 7 +   0 2 5 (  9 ( 5 7 , & $ /  2 1  / $ : 1 6, ' ( /$ : 1  * 5 $ 6 6 ), 1 , 6 + ( '  * 5 $ ' (   35%$&2 %(   2 3 32   3 5 2)   : 5   6 7   7 +12   % $%2 68 /$   0 8 %(08 6+0$',$),/%<   ( '('63 $%72 ,1 '('   $ /%(0, 72 63 &2   3 5 6+6<: /( 9 $ 7 , 2 1 )5 2 1 7 (/ ( 9 $ 7 , 2 1 6, ' ( (/ ( 9 $ 7 $ , 2 1 00 00 6, ' ( ( / ( 9 $ 7 , 2 1 )5 2 1 7 ( / ( 9 $ 7 , 2 1 72 3  9 , ( :    0 0    0 0    0 0    0 0 00 00 00 00 00    0 0 $1 2 9 $    : $ , 1 : 5 , * + 7     * $ / / 2 1  7 5 $ 6 +  5 ( & ( 3 7 $ & / ( 6& $ / (    1  7  6     % , 6 7 5 2  & + $ , 5 6  7 2  % (  & 2 / 2 5  6 , / 9 ( 5  * 5 $ <  3 5 2 9 , ' (  ) 2 8 5  & + $ , 5 6  3 ( 5  0 $ 1 8 ) $ & 7 8 5 ( 5 6  6 3 ( & , ) , & $ 7 , 2 1 6   6 8 % 0 , 7  6 + 2 3  ' 5 $ : , 1 * 6  7 2  / $ 1 ' 6 & $ 3 (  $ 5 & + , 7 ( & 7  ) 2 5  $ 3 3 5 2 9 $ / 35 , 2 5  7 2  , 1 6 7 $ / / $ 7 , 2 1   ) , ( / '  / 2 & $ 7 (  ) 8 5 1 , 6 + , 1 * 6  3 ( 5  3 / $ 1  : , 7 +  $ 3 3 5 2 9 $ /  % <  / $ 1 ' 6 & $ 3 ( $5 & + , 7 ( & 7  3 5 , 2 5  7 2  , 1 6 7 $ / / $ 7 , 2 1  12 7 ( 6                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                          %%  #    %%  #    %%  #    %%  #    %%  #    %%  #    %%  #    %%  #    %%  #    kimley-horn.com 767 Eustis Street, Suite 100, St. Paul, MN 55114 651-645-4197 MEMORANDUM To: Ginny McIntosh City of Brooklyn Center CC: Scannell Properties From: Jacob Rojer, P.E., PTOE Brian Wurdeman, P.E. Kimley-Horn and Associates, Inc. Date: June 9, 2022 Subject: Trip Generation Comparison Memo – Sears Site Redevelopment Brooklyn Center, MN INTRODUCTION Scannell Properties is proposing to redevelop the vacant Sears site at Shingle Creek Crossing in Brooklyn Center, Minnesota. The redevelopment will remove the existing approximately 110,000 square foot Sears building and 15,000 square foot auto center and build two office/industrial buildings totaling 230,000 square feet. This memorandum documents the anticipated trip generation of the previous land uses compared to the proposed land use. TRIP GENERATION COMPARISON The trip generation for the vacant Sears site was calculated based on the Institute of Transportation Engineers (ITE) Trip Generation Manual, 11th Edition. For the existing land uses, ITE Land Use Code (LUC) 875 (Department Store) and LUC 943 (Automobile Parts and Service Center) were used to calculate the trip generation. Table 1 provides the trip generation of the existing land uses. When operational, the existing site generated an estimated 93 trips in the AM peak hour, 246 trips in the PM peak hour, and 2,766 daily trips. Table 1 – Existing Site Trip Generation Land Use Description ITE Code Intensity / Units Daily AM Peak Hour PM Peak Hour In Out Total In Out Total Sears 875 110,000 Sq. Ft. 2,517 41 23 64 107 108 215 Auto Center 943 15,000 Sq. Ft. 249 21 8 29 12 19 31 Total Existing Trip Generation 2,766 62 31 93 119 127 246 Page 2 kimley-horn.com 767 Eustis Street, Suite 100, St. Paul, MN 55114 651-645-4197 The proposed office/industrial development will maintain the same site access as the existing conditions. The site will consist of a 110,000 square foot building and a 120,000 square foot building. It is assumed that the buildings will be 20% office and 80% industrial. The proposed site plan is attached. ITE LUC 110 (General Light Industrial) and ITE LUC 720 (General Office) were used to calculate the anticipated trip generation of the site. Table 2 provides the trip generation of the proposed development. The industrial development is anticipated to generate 206 AM peak hour trips, 186 PM peak hour trips, and 1,396 daily trips. Table 2 – Proposed Development Trip Generation Land Use Description ITE Code Intensity / Units Daily AM Peak Hour PM Peak Hour In Out Total In Out Total Industrial 110 184,000 Sq. Ft. 896 120 16 136 17 103 120 Office 720 46,000 Sq. Ft. 500 62 8 70 11 55 66 TOTAL 1,396 182 24 206 28 158 186 Comparing the trip generation results in Tables 1 & 2, it is anticipated that the redevelopment of the site will generate 113 more trips in the AM peak hour, 60 less trips in the PM peak hour, and 1,370 less daily trips than the previous land uses. Therefore, the redevelopment of the site is not anticipated to have a significant impact on traffic operations in the area. %/ ' *   %        6 ) 35 2 3 ( 5 7 <  / , 1 (   3 $ 5 . , 1 *  6 ( 7 % $ & .   % 8 , / ' , 1 *  6 ( 7 % $ & .   8 7 , / , 7 <  ( $ 6 ( 0 ( 1 7 /2 7     % / 2 & .   67 2 5 0 : $ 7 ( 5  0 $ 1 $ * ( 0 ( 1 7 67 2 5 0 : $ 7 ( 5  0 $ 1 $ * ( 0 ( 1 7 2 7 5 8 & . 6  6 , * 1 6 -Public Notice Ad Proof- Ad ID:1234846 Copy LIne:June 23 PH Scannell Properties PO Number: Start:06/09/22 Stop:06/09/2022 Total Cost: # of Lines:88 Total Depth:9.778 # of Inserts:1 Ad Class:150 Phone #(763) 691-6000 Email:publicnotice@apgecm.com Rep No:SE700 Date:06/02/22 Account #:413069 Customer:CITY OF BROOKLYN CENTER ~ Address:6301 SHINGLE CREEK BROOKLYN CENTER Telephone:(612) 569-3440 Fax:(763) 569-3494 This is the proof of your ad scheduled to run on the dates indicated below. Please proof read carefully. If changes are needed, please contact us prior to deadline at Cambridge (763) 691-6000 or email at publicnotice@apgecm.com Ad Proof Not Actual Size Publications: SP Brooklyn Ctr/Brooklyn Park Contract-Gross CITY OF BROOKLYN CENTER NOTICE OF PUBLIC HEARING TO WHOM IT MAY CONCERN: Please take notice that the Plan- ning Commission of the City of Brooklyn Center will hold an in-per- son public hearing on Thursday, June 23, 2022, at approximately 7:00 p.m. 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 ap- plication to be considered cannot be given as it will depend on the progression of the agenda items. TYPE OF REQUEST: Rezoning/ Establishment of a Planned Unit Development, Site and Building Plan, Preliminary and Final Plat, and 2040 Comprehensive Plan Amendment APPLICANT: Scannell Proper- ties, on behalf of Transformco PROPERTY OWNER: Sears Roebuck and Company PROPERTY ADDRESS / PID: 1297 Shingle Creek Crossing, Brooklyn Center, MN 55430 / 03- 118-21-44-0026 BRIEF STATEMENT OF CON- TENTS OF PETITION: The Appli- cant is requesting review of a pro- posal to re-plat and re-develop the approximately 15-acre acre former Sears site, located at 1297 Shingle Creek Crossing. With the closure of Sears and the adjacent Sears Auto Center in late 2018, the Appli- cant is proposing the construction of two single-story business park buildings totaling approximately 230,000-square feet and related site improvements. Comments and questions may be forwarded to gmcintosh@ ci.brooklyn-center.mn.us up until 4:30 pm on the day of the meeting, or by contacting Ginny McIntosh 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 at: logis.webex.com Meeting Number (Access Code): 2455 009 7527 Password: BCPC06232022 By Phone: 1 (312) 535-8110 (Enter Access Code) Auxiliary aids for persons with disabilities are available upon re- quest at least 96 hours in advance. Please contact the City Clerk at (763) 569-3300 to make arrange- ments. džŚŝďŝƚ Respectfully, Ginny McIntosh City Planner and Zoning Administrator Published in the Sun Post June 9, 2022 1234846 30 &RYHUVKHHW KWWSVEURRNO\QFHQWHUQRYXVDJHQGDFRPDJHQGDSXEOLF&RYHU6KHHWDVS[",WHP,'  0HHWLQJ,'  ŽƵŶĐŝůͬtŽƌŬ^ĞƐƐŝŽŶ d͗ ϱͬϮϰͬϮϬϮϭ dK͗ŝƚLJŽƵŶĐŝů &ZKD͗ ƵƌƚŽŐĂŶĞLJ͕ŝƚLJDĂŶĂŐĞƌ d,ZKh',͗ Eͬ z͗ DĞŐĞĞŬŵĂŶ͕ŽŵŵƵŶŝƚLJĞǀĞůŽƉŵĞŶƚŝƌĞĐƚŽƌ ^h:d͗ŽŶĐĞƉƚZĞǀŝĞǁĨƌŽŵ^ĐĂŶŶĞůůWƌŽƉĞƌ ĞƐZĞŐĂƌĚŝŶŐƚŚĞ&ŽƌŵĞƌ^ĞĂƌƐ^ŝƚĞ ZĞƋƵĞƐƚĞĚŽƵŶĐŝůĐ ŽŶ͗ ĂĐŬŐƌŽƵŶĚ͗ dŚĞĐŽŶĐĞƉƚƌĞǀŝĞǁƉƌŽĐĞƐƐŝƐĂŶŽƉƉŽƌƚƵŶŝƚLJĨŽƌƚŚĞŝƚLJŽƵŶĐŝůƚŽƌĞǀŝĞǁĂĚĞǀĞůŽƉŵĞŶƚĐŽŶĐĞƉƚ ƉƌŝŽƌƚŽĂĨŽƌŵĂůƉƌŽƉŽƐĂůĨƌŽŵĂŶĂƉƉůŝĐĂŶƚ͕ĂŶĚƉƌŽǀŝĚĞĐŽŵŵĞŶƚƐ͕ĂƐŬƋƵĞƐ ŽŶƐ͕ĂŶĚŝŶĚŝĐĂƚĞ ǁŚĞƚŚĞƌŽƌŶŽƚƚŚĞŝƚLJǁŽƵůĚďĞŽƉĞŶƚŽƚŚĞƉƌŽũĞĐƚ͘dŚĞLJĂƌĞĂůƐŽŚĞůƉĨƵůĂƐŝƚƉƌŽǀŝĚĞƐŝŶƐŝŐŚƚƚŽƐƚĂīĂŶĚƚŚĞĚĞǀĞůŽƉĞƌĂƐƚŽĂŶLJƐƉĞĐŝĮĐ ĐŽŶĐĞƌŶƐƚŚĞŽƵŶĐŝůŵĂLJŚĂǀĞƌĞůĂƚĞĚƚŽĂƉƌŽũĞĐƚ͘ŽŶĐĞƉƚƌĞǀŝĞǁƐĂƌĞŚĞůƉĨƵůĨŽƌƉƌŽũĞĐƚƐƚŚĂƚǁŽƵůĚŝŶǀŽůǀĞĚŝǀĞƌ ŶŐĨƌŽŵƚŚĞŝƚLJΖƐĞƐƚĂďůŝƐŚĞĚ ůĂŶĚƵƐĞƉŽůŝĐLJ͘ 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ƌĂĐŝƐƚͬƋƵŝƚLJWŽůŝĐLJīĞĐƚ͗ ^ƚƌĂƚĞŐŝĐWƌŝŽƌŝ ĞƐĂŶĚsĂůƵĞƐ͗ dĂƌŐĞƚĞĚZĞĚĞǀĞůŽƉŵĞŶƚ dd,DEd^͗ ĞƐĐƌŝƉ ŽŶ hƉůŽĂĚĂƚĞ dLJƉĞ ƉƌĞƐĞŶƚĂ ŽŶ ϭϭͬϮϮͬϮϬϮϭ WƌĞƐĞŶƚĂ ŽŶ džŚŝďŝƚ M E M O R A N D U M DATE:June 17, 2022 TO:Ginny McIntosh, City Planner/Zoning Administrator FROM: Mike Albers, P.E., City Engineer SUBJECT:Preliminary Site Plan & Preliminary Plat Review – North 100 Business Park Public Works staff reviewed the following documents submitted for review for the proposed North 100 Business Park: ƒPreliminary Plans dated May 24, 2022 Subject to final staff Site Plan approval, the referenced plans must be revised in accordance with the following comments/revisions and approved prior to issuance of Land Alteration permit. Stormwater: 1. On Grading Plan sheets, the Legend has two different lines for “Proposed Storm Sewer”. What is the difference between the two storm sewer lines? 2. Verify approval from Shingle Creek Watershed Management Commission. 3. The proposed discharge rates to the Existing SE basin increase substantially for the 100-year event (4.4 times higher). The existing and proposed hydraulic conditions at the SE basin should be verified. The aggregate outflow is substantially reduced. However, impacts to the SE pond should be calculated. 4. OCS-2 detail shows rim elevation = 852.0. Proposed Conditions HydroCAD model shows East Infiltration Basin outlet rim = 851.50. 5. An erosion control plan must be submitted, rather than just having the narrative on the SWPPP. Sanitary Sewer: 6. Some of the sanitary sewer has 3.5’ of cover. Additional cover should be provided to prevent freezing issues. 7. Check all rim elevations for structures. Many of the rim elevations on the utility plan sheets do not match the grading plan elevations. Watermain: 8. Add City hydrant detail. Hydrants and gate valves within the project should be consistent with the City detail. 9. Show any watermain offset locations. 10. Verify that there are no utility crossing conflicts. Roads/Trails/Sidewalks: 11. Ensure that Clearview Triangles are met at all street intersections (City Ordinance Section 25- 802). 12. A trail plan & profile sheet should be provided. 13. Provide detailed vehicle turning and tracking movement diagrams for delivery vehicles and garbage trucks demonstrating specific and actual routes. džŚŝďŝƚ North 100 Business Park Site Plan Review Memo, June 17, 2022   14.Goal of the city is to have truck traffic concentrated to the south access road. a.Recommend the following signage to direct most users to preferred routes: i.Add “DO NOT ENTER” signage plus “EXCEPT DELIVERIES” signage to the accesses on the west, north and east of the buildings to the roadway. ii.Opposite direction from where trucks and deliveries are supposed to occur add “DO NOT ENTER” plus “NO TRUCKS” signage to direct trucks to not use other routes. iii.On the east end of the curve east of Walmart and near Hom Furniture – Add “PRIVATE ROAD” and “DELIVERIES ONLY” sign. iv.This may be in addition to or replacement of “TRUCK ENTRANCE” signage. b.Sidewalks: Recommend extension of sidewalks and walkways to the east to Walmart sidewalk (NE corner of site) and the north (NE and NW corners of site) to enable pedestrian access from this development to nearby restaurants and retail for increased pedestrian safety and reduction in vehicle trips. Traffic: 15.Trip Generation Memo is deemed to be acceptable. Applicant must meet requirements from the MnDOT traffic review. Photometric Plan, February 11, 2022: 16.Lighting coverage is acceptable on the parking and drive areas.  General Comments 17.See redlines for additional comments. 18.The City has submitted the plans to Minnesota Department of Transportation (MnDOT) for review. Applicant must meet requirements from the MnDOT review. 19.The City has submitted the plans to Hennepin County for review. Applicant must meet requirements from the Hennepin County review. 20.Provide a copy of the irrigation plan. 21.The applicant shall be responsible for coordinating site development plans with all private utility companies (Xcel Energy, CenterPoint Energy, CenturyLink Communications, Comcast, etc. ). Any further easements necessary to provide utility service to the proposed site development shall be dedicated to the public for public use with the final plat. 22.Utility Facilities Easement Agreement is required. 23.A 10’ drainage and utility easement must be dedicated on the plat around the entire perimeter of the site and centered on other lot lines. All utilities and storm water management facilities to be within a drainage & utility easement. An additional utility easement must be dedicated on the plat for the private water main and sanitary to allow for maintenance access per the Utility Facilities Easement Agreement. 24.Upon project completion the applicant must submit an as-built survey of the property, improvements and utility service lines and structures; and provide certified record drawings of all project plan sheets depicting any associated private and/or public improvements, revisions and adjustments prior to issuance of the certificate of occupancy. The as-built survey must also verify that all property corners have been established and are in place at the completion of the project as determined and directed by the City Engineer. North 100 Business Park Site Plan Review Memo, June 17, 2022   25.Inspection for the private site improvements must be performed by the developer’s design/project engineer. Upon project completion, the design/project engineer must formally certify through a letter that the project was built in conformance with the approved plans and under the design/project engineer’s immediate and direct supervision. The engineer must be certified in the State of Minnesota and must certify all required as-built drawings (which are separate from the as-built survey). 26.Provide share access agreements with adjacent properties. 27.Applicant must apply for a Land Disturbance permit. Prior to Issuance of a Land Alteration 28.Final construction/demolition plans and specifications need to be received and approved by the City Engineer in form and format as determined by the City. The final plan must comply with the approved preliminary plan and/or as amended, as required by the City Engineer. 29.The construction of project will require an encroachment on an adjacent property. Documentation must be submitted showing authorization for this activity. 30.During construction of the site improvements and until the permanent turf and plantings are established, the developer will be required to reimburse the City for the administration and engineering inspection efforts. Please submit a deposit of $2,500 that the City can draw upon on a monthly basis. 31.A Construction Management Plan and Agreement is required that addresses general construction activities and management provisions, traffic control provisions, emergency management provisions, storm water pollution prevention plan provisions, tree protection provisions, general public welfare and safety provisions, definition of responsibility provisions, temporary parking provisions, overall site condition provisions and non-compliance provisions. A separate $2,500 deposit will be required as part of the non-compliance provision.  Anticipated Permitting 32.A City Land Disturbance permit is required. 33.A Watershed plan review and approval is required. 34.A Minnesota Pollution Control Agency (MPCA) NPDES storm water construction permit is required. 35.Other permits not listed may be required and is the responsibility of the developer to obtain and warrant. 36.Copies of all required permits must be provided to the City prior to issuance of applicable building and land disturbance permits. 37.A preconstruction conference must be scheduled and held with City staff and other entities designated by the City. 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. 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( 3 7  : ( / /  9 ( 1 7 , / $ 7 ( '  $ 1 '  3 ( 5 6 2 1 1 ( /  : , / / : ( $ 5  $ 3 3 5 2 3 5 , $ 7 (  3 5 2 7 ( & 7 , 9 (  & / 2 7 + , 1 *  7 2  3 5 ( 9 ( 1 7 ,1 - 8 5 <  ) 5 2 0  & 2 1 7 $ & 7  : , 7 +  $  + $ = $ 5 ' 2 8 6  6 8 % 6 7 $ 1 & (   6 3 , / / 6  2 )  7 2 ; , &  2 5  + $ = $ 5 ' 2 8 6  0 $ 7 ( 5 , $ /  : , / /  % (  5 ( 3 2 5 7 ( '  7 2  7 + ( $ 3 3 5 2 3 5 , $ 7 (  6 7 $ 7 (  2 5  / 2 & $ /  * 2 9 ( 5 1 0 ( 1 7  $ * ( 1 & <  5( * $ 5 ' / ( 6 6  2 )  7 + (  6 , = (    , 1  $ ' ' , 7 , 2 1  7 2  5 ( 3 2 5 7 , 1 *  7 2  / 2 & $ /  $ 8 7 + 25 , 7 , ( 6   5 ( 3 2 5 7  6 3 , / / 6  7 2  7 + (  0 , 1 1 ( 6 2 7 $  3 2 / / 8 7 , 2 1 &2 1 7 5 2 /  $ * ( 1 & <  6 7 $ 7 (  ' 8 7 <  2 ) ) , & ( 5                2 5                 $ 1 <  6 3 , / / 6  $ % 2 9 (  7 + (  5 ( 3 2 5 7 $ % / (  4 8 $ 1 7 , 7 , ( 6 /, 0 , 7 6  , 1  7 + (  & 2 ' (  2 )  ) ( ' ( 5 $ /  5 ( * 8 / $ 7 , 2 1 6  & ) 5   7 , 7 / (      3 $ 5 7     6 + $ / /  % (  5 ( 3 2 5 7 ( '  7 2  7 + (  ( 3 $  1 $ 7 , 2 1 $ /  5 ( 6 3 2 1 6 ( &( 1 7 ( 5                 7 + (  5 ( 3 2 5 7  : , / /  , 1 & / 8 ' (  0 ( $ 6 8 5 ( 6  7 2  3 5 ( 9( 1 7  6 3 , / / 6  ) 5 2 0  5 ( 2 & & 8 5 5 , 1 *  $ 1 '  , 1 ) 2 5 0 $ 7 , 2 1 5( * $ 5 ' , 1 *  + 2 :  7 2  5 ( 0 ( ' , $ 7 (  6 3 , / / 6  , )  $  6 , 0 , / $ 5  2 & & 8 5 5 ( 1 & (  + $ 3 3 ( 16    $  ' ( 6 & 5 , 3 7 , 2 1  2 )  7 + (  6 3 , / /   : + $ 7  & $ 8 6 ( '  , 7  $1 '  7 + (  & / ( $ 1 8 3  0 ( $ 6 8 5 ( 6  : , / /  $ / 6 2  % (  , 1 & / 8 ' ( '   7 + (  & 2 1 7 5 $ & 7 2 5 6  ( 5 2 6 , 2 1  & 2 1 7 5 2 /  6 8 3 ( 5 9 , 6 2 5  6 + $ / /  % (  7 + (  6 3 , / / 3 5 ( 9 ( 1 7 , 2 1  $ 1 '  & / ( $ 1 8 3  & 2 2 5 ' , 1 $ 7 2 5   6 3 , / / 6  : , / /  % (  6 7 8 ' , ( '  7 2  8 1 ' ( 5 6 7 $ 1 '  : + <  7 + ( <  2 & & 8 5 5 ( '  $ 1 '  3 5 (9 ( 1 7 , 9 (  0 ( 7 + 2 ' 6  : , / /  % (  & 5 ( $ 7 ( '  7 2  ( 1 6 8 5 ( 6, 0 , / $ 5  6 3 , / / 6  ' 2  1 2 7  2 & & 8 5  , 1  7 + (  ) 8 7 8 5 (  '8 & 7 6 3 ( & , ) , & 3 5 $ & 7 , & ( 6 /2 7   %/ 2 & .     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Auxiliary aids for handicapped persons are available upon request at least 96 hours in advance. Please notify the City Clerk at 763-569-3306 to make arrangements. ORDINANCE NO. 2022-__ AN ORDINANCE AMENDING CHAPTER 35 OF THE CITY CODE OF ORDINANCES REGARDING THE ZONING CLASSIFICATION OF LAND LOCATED AT 1297 SHINGLE CREEK CROSSING THE CITY COUNCIL OF THE CITY OF BROOKLYN CENTER DOES ORDAIN AS FOLLOWS: Section 1. Rezoning. Chapter 35 of the City Ordinances of the City of Brooklyn Center is hereby amended as follows: Section 35-2240. CENTRAL COMMERCE OVERLAY DISTRICT (CC). The following property is hereby removed from the (CC) Central Commerce Overlay District zoning classification: Tract A, Registered Land Survey No. 936, Hennepin County, Minnesota. Section 35-1240. PLANNED UNIT DEVELOPMENT DISTRICT (PUD). The following property is hereby re-designated from Planned Unit Development/C2 (Planned Unit Development/Commerce) District to the following: 14. The following properties are designated as PUD/MX-B (Planned Unit Development/Business Mixed-Use) District: Tract A, Registered Land Survey No. 936, Hennepin County, Minnesota. Section 2. Effective Date. This ordinance shall become effective after adoption and upon thirty days following this ordinance’s legal publication. 2 Adopted this day of , 2022. _____________________________ Mayor ATTEST: City Clerk Date of Publication Effective Date (Note: (Strikeout text indicates matter to be delete, while underline indicates new matter. Member introduced the following resolution and moved its adoption: RESOLUTION NO. RESOLUTION REGARDING THE RECOMMENDED DISPOSITION OF PLANNING COMMISSION APPLICATION NO. 2022-004 FOR A RE-PLAT, REZONING, AND ESTABLISHMENT OF A PLANNED UNIT DEVELOPMENT AND AMENDMENTS TO THE ZONING CODE AND 2040 COMPREHENSIVE PLAN TO ALLOW FOR REDEVELOPMENT OF THE FORMER SEARS SITE AND CONSTRUCTION OF TWO BUSINESS PARK BUILDINGS OF APPROXIMATELY 230,000-SQUARE FEET COMBINED AND RELATED SITE IMPROVEMENTS (1297 SHINGLE CREEK CROSSING) WHEREAS, Planning Commission Application No. 2022-004, submitted by Scannell Properties, Inc. and on behalf of Transformco (“the Applicant”) requests review and consideration for the re-plat, re-zoning, and establishment of a Planned Unit Development and an amendment to the City’s Zoning Code that would allow for redevelopment of the former Sears site located at 1297 Shingle Creek Crossing (“the Subject Property”) and subsequent construction of two business park buildings of approximately 110,000 and 120,000-square feet, respectively (230,000-square feet combined), and related site improvements; and WHEREAS, the Subject Property is situated in the Central Commerce Overlay District and pursuant to a determination by City staff, the proposed use is not clearly defined as a use within the District; and WHEREAS, on June 23, 2022, the Planning Commission of the City of Brooklyn Center, Minnesota received and reviewed a planning report on the requested re-plat, site and building plan, re-zoning, and establishment of a Planned Unit Development, which would re-zone the Subject Property from PUD/C2 (Planned Unit Development/Commerce) District to a new Planned Unit Development with an underlying Business Mixed-Use District designation (PUD/MX- B), and an amendment to the Zoning Code to remove the Subject Property from the Central Commerce Overlay District for the proposed new construction and related site improvements on the approximately 15-acre Subject Property; and WHEREAS, said Planning Commission Application No. 2022-004 also addresses a request to re-designate the Subject Property under the City’s 2040 Comprehensive Plan future land use designation from “Transit-Oriented Development (TOD),” which the Subject Property is currently designated as, to “Business-Mixed Use (B-MU),” which guides for a mix of business, light industrial, and supporting retail/service uses, and is intended to create a more dynamic and connected experience for potential workers in these areas; and WHEREAS, this request is made in light of the fact that the Subject Property was still in operation as a department store and auto center when the 2040 Comprehensive Plan process was initiated, had been in continuous operation since around 1962, and upon closure of the aforementioned businesses, the City of Brooklyn Center was nearing completion of its RESOLUTION NO. Comprehensive Plan update with no clear direction on a potential re-use of the Subject Property, nor guidance in the form of a market study; and WHEREAS, given these uncertainties, the City of Brooklyn Center designated the Subject Property to its current TOD future land use designation provided its proximity to Bus Rapid Transit, and its ability to offer a broader mix of land use options; and WHEREAS, the Applicant conducted a market analysis for a feasible re-use of the Subject Property, held concept reviews with the City Council in May and November 2021, as well as a virtual community meeting to gauge interest in the potential re-development of the Subject Property to accommodate an office/warehouse (business park) use; and WHEREAS, the Planning Commission of the City of Brooklyn Center, Minnesota held a duly noticed and called public hearing on June 23, 2022, whereby a planning report was presented and public testimony regarding the proposal were received, and notice of such public hearing was published in the official newspaper and mailed to the Applicant and adjacent property owners as required by the City and Minnesota State Statutes, and development proposal signage was installed on the Subject Property by the City; and WHEREAS, the Planning Commission of the City of Brooklyn Center, Minnesota considered the application requests in light of all testimony received, and the guidelines and standards as outlined under Sections 15 (Platting), 35-202 (Comprehensive Planning) 35-208 (Rezoning Evaluation Policy and Review Guidelines), 35-210 (Rezoning Application Procedures and Reconsideration), 35-230 (Plan Approval), and 35-355 (Planned Unit Development) of the City’s Zoning Ordinance, and draft provisions of the Business-Mixed Use (MX-B) District, as contemplated in the City’s draft Zoning Code update and forthcoming Unified Development Ordinance, and the request complies with the general goals and objectives of the City’s 2040 Comprehensive Plan, with exception to the requested amendment to the Comprehensive Plan to re- designate the Subject Property to move the project forward, and of which requires final determination by the Metropolitan Council. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Brooklyn Center, Minnesota to recommend that Planning Commission Application No. 2022-004, submitted by Scannell Properties, LLC, and on behalf of Transformco, be approved based upon the findings of fact in the June 23, 2022, planning report, and submitted documents and plans as amended by the following conditions of approval: 1. The building plans are subject to review and approval by the Building Official as noted in the memorandum dated June 21, 2022, and with respect to applicable codes prior to the issuance of permits; and the final location or placement of any fire hydrants or other fire- related building code items shall be reviewed and approved by the Fire Inspector. a. Any major changes or modifications made to this Site and Building Plan can only be made by an amendment to the approved Site and Building Plan as approved by RESOLUTION NO. the City Council. b. The building plans are subject to review and approval by the Building Official with respect to applicable codes prior to the issuance of permits. c. The Applicant shall work to ensure all applicable Minnesota Fire Code requirements have been met as part of any site plan approval. d. A fire sprinkler system is required to be installed and shall be maintained on a consistent basis per City Code requirements. e. A SAC Determination shall be submitted by the Applicant to the Metropolitan Council and any associated feeds paid at time of any permit issuance. f. The Applicant shall provide any final site and building plans to City staff for a CPTED review and make alterations as necessary prior to permit release. g. The submitted landscape plans shall be revised to meet City’s minimum Landscape Point System policy requirements and an identified “office/industrial” use. h. The Applicant shall install irrigation systems where necessary to facilitate maintenance of site landscaping and green areas, and irrigation shop drawings shall be provided for review and approval prior to installation. i. The Applicant shall revise the submitted photometric plan to reflect minimum, maximum, and average foot-candles per fixture, and clearly identify all property lines. i. The Applicant shall work with the adjacent Shingle Creek Crossing property owner to ensure consistency in lighting and landscaping along the north drive between the Subject Property and Shingle Creek Crossing. ii. Photometric plans shall be revised as needed to incorporate additional pedestrian-level lighting for main building entrance points and sidewalk connections. j. Any outside trash disposal facilities and rooftop or ground mechanical equipment shall be appropriately screened from view per City Code requirements and with materials complementary to the principal building, and an updated details sheet provided. k. The Applicant shall submit a Sign Permit Application for any proposed signage and receive issuance of a permit prior to any installation. All signage shall conform to City requirements. 2. The Applicant agrees to comply with all conditions or provisions noted in the City Engineer’s review memorandum, dated June 17, 2022. a. Final grading, drainage, utility, and erosion control plans and any other site engineering related issues are subject to review and approval by the City Engineer for City site and building plan approval and prior to the issuance of permits. b. Any requirements as outlined in reviews conducted by Hennepin County, the Minnesota Department of Transportation (MnDOT), and the Watershed Commission. RESOLUTION NO. 3. Agreements: a. The Applicant shall enter into a PUD agreement with the City of Brooklyn Center. This agreement is to be reviewed and approved by the City Attorney prior to the issuance of building permits. The agreement shall further assure compliance with the development plans submitted with this application. i. No outdoor storage or display of materials, equipment, or products accessory and necessary to a principal and permitted use is permitted; ii. Warehousing and wholesaling shall not exceed 80-percent of the total floor area. The remaining 20-percent of the total floor area shall be non- warehouse uses, such as a combination of uses including, but not limited to: office, manufacturing, production, research and development, and lab and/or showroom; and iii. Distribution facilities are not a permitted use. For the purposes of this Planned Unit Development (PUD), a distribution facility is defined as a business that receives packages, sorts, and delivers them without product storage. Distribution as an accessory use is permitted only when it occurs from a manufacturing facility or a warehouse where a product is made or packaged on-site. b. A Performance Agreement with supporting financial guarantee approved by the City shall be executed upon any approval of the to-be submitted building permit for site improvements, which ensures the Subject Property will be constructed, developed, and maintained in conformance with the plans, specifications, and standards. c. The Developer shall submit an as-built survey of the property, improvements, and utility service lines prior to release of any Performance Agreement financial guarantee. d. A Utility Facilities Easement Agreement is required for submittal to the City prior to issuance of any permits. e. A Construction Management Plan and Agreement and associated escrow are required for submittal prior to the City prior to issuance of any permits. f. The Applicant shall coordinate with adjacent property owners and the City to execute any cross access and parking agreements for the proposed site improvements. No building permits shall be issued until such determination is made and any agreements are recorded with Hennepin County. g. The Applicant shall work with the City for dedication of the proposed trail easement and provision of trail profile and plans. 4. Platting: a. Approval of the preliminary and final plat for NORTH 100 BUSINESS PARK ADDITION are contingent upon the addressing of comments by City Engineer Mike Albers in the memorandum dated June 17, 2022. i. A 10-foot drainage and utility easement shall be dedicated on the plat around the entire perimeter of the Subject Property and centered on other RESOLUTION NO. lot lines. ii. All utilities and storm water management facilities to be located within said drainage and utility easement. iii. Additional dedication of a utility easement is requested on the plat for the private water main and sanitary to allow for maintenance access per the Utility Facilities Easement Agreement. b. Final plat and mylar shall be subject to the provisions of Chapter 15 of the City Code of Ordinances (Platting). c. Any final plat comments and/or requirements as provided by Hennepin County. d. Any final plat comments and/or requirements from the City Attorney’s office, and specifically regarding an updated certified abstract of title. e. The successful recording of said plat (mylar) with Hennepin County. August 8, 2022 Date Mayor ATTEST: City Clerk The motion for the adoption of the foregoing resolution was duly seconded by member and upon vote being taken thereon, the following voted in favor thereof: and the following voted against the same: whereupon said resolution was declared duly passed and adopted.                   ! 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ember __________ introduced the following resolution and moved its adoption: RESOLUTION NO. 2022- ___ RESOLUTION IDENTIFYING THE NEED FOR LIVABLE COMMUNITIES DEMONSTRATION ACCOUNT (“LCDA”) FUNDING AND AUTHORIZING AN APPLICATION FOR GRANT FUNDS WHEREAS, the City of Brooklyn Center is a participant in the Metropolitan Livable Communities Act (“LCA”) Local Housing Incentives Program for 2022 as determined by the Metropolitan Council, and is therefore eligible to apply for LCA Livable Communities Demonstration Account and Tax Base Revitalization Account Transit Oriented Development (Collectively, “TOD”) funds; and WHEREAS, the City has identified proposed projects within the City that meet LCDA purposes and criteria and is consistent with and promotes the purposes of the Metropolitan Livable Communities Act and the policies of the Metropolitan Council’s adopted metropolitan development guide; and WHEREAS, the City has the institutional, managerial and financial capability to adequately manage an LCDA grant; and WHEREAS, the City certifies that it will comply with all applicable laws and regulations as stated in the grant agreement; and WHEREAS, the City acknowledges LCDA grants are intended to fund projects or project components that can serve as models, examples or prototypes for LCDA development or redevelopment elsewhere in the Region, and therefore represents that the proposed project or key components of the proposed project can be replicated in other metropolitan-area communities; and WHERES, only a limited amount of grant funding is available through the Metropolitan Council’s Livable Communities LCDA initiative during each funding cycle and the Metropolitan Council has determined it is appropriate to allocate those scarce grant funds only to eligible projects that would not occur without the availability of LCDA grant funding. NOW, THEREFORE, BE IT RESOLVED that, after appropriate examination and due consideration, the governing body of the City: 1. Finds that it is in the best interests of the City’s development goals and priorities for the following proposed LCDA projects to occur at this particular site at this particular time: Opportunity Site – Phase I Opportunity Site – Entrepreneurial Market 2 2. Finds that that LCDA Project component(s) for which Livable Communities LCDA funding is sought: a. Will not occur solely through private or other public investment within the reasonable foreseeable future; and b. Will occur within the term of the grant award (two years for Pre-Development grants, and three years for Development grants,) only if Livable Communities LCDA funding is made available for this project at this time. 3. Authorizes the City Manger to submit on behalf of the City an application for Metropolitan Council Livable Communities LCDA grant funds for the LCDA project components identified in the application, and to execute such agreements as may be necessary to implement the LCDA Project on behalf of the City. August 8, 2022 Date Mayor ATTEST: ___________________ City Clerk The motion for the adoption of the foregoing resolution was duly seconded by Commissioner and upon vote being taken thereon, the following voted in favor thereof: and the following voted against the same: whereupon said resolution was declared duly passed and adopted.                   ! "#! $ %& '  (( )*(    +"%,  - ./(-0+  '(1    + 2 3. '  '   '* * .1 '-0+  '(1   ' '* 4  ' ' )   '        %4  1 ')'   1* 1 ' 5  '(1/ ((   ' *  '(1 5 (1    '-0+  '(1/ ((  ' '14  ' ' '(1 6*1  '(  '')    2 ') )   1 7 .  ' '(1* )  ' 82   ( )*(   !'9   '-1 -  ' ' '(1'3 **   1 : ' ' '   ' '* 4  ' ' )   '      +' 1) 1/3.  ((1(')   ' '(184                 !   *.6 ""#$"   *. "*  * * .   - . MEMBERSHIP BENEFITS What membership with the Minneapolis Regional Chamber provides: ACCESS When you join the chamber, you become part of a strong community of business, civic and elected leaders who care deeply about the long-term thriving of our region. Your membership connects you to a network of over 1,700 members who are all eager to build and strengthen their business networks. We are conveners and connectors, and we believe we are stronger together. ADVOCACY We are the trusted voice of the business community. Over the past 140 years, we have built strong relationships with our elected and appointed city, regional, state and federal RI´FLDOV:HDUHDSROLF\DGYRFDWHWKDWVXSSRUWVWKHEXVLQHVVFRPPXQLW\DW&LW\+DOO WKH&RXQW\%RDUGWKH6WDWH&DSLWRODQGLQ:DVKLQJWRQ'&:HFUHDWHRSSRUWXQLWLHV for your voice to be heard on important topics impacting our region. RESOURCES You have questions? We have answers. We are your regional resource hub. We provide up-to-date information on regional issues that impact us all, such as workforce development, transportation, housing, and key economic indicators of our region. Throughout the year, we produce and promote engaging programming to provide you with the tools you need to help your business succeed. VISIBILITY Members of the chamber are recognized as community builders and consumers are PRUHOLNHO\WRGREXVLQHVVZLWKWUXVWHGFKDPEHUPHPEHUV%\EHFRPLQJDPHPEHU you create opportunities to increase your brand awareness and grow your business by attending events, celebrating grand openings and ribbon cutting ceremonies, investing in our programs and services, and by joining our enhanced business directory listing. Our Vision We seek to build a high-quality, globally competitive DQGWKULYLQJUHJLRQZKHUHEXVLQHVVHVµRXULVKDQG everyone has the opportunity to succeed through economic prosperity and jobs. Our Mission 7KH0LQQHDSROLV5HJLRQDO&KDPEHUHQJDJHVZLWK members to advocate for a positive business environment, enhance economic prosperity and build partnerships that help to advance our region’s interests. Megan Krohn, Vice President of Member Services, mkrohn@mplschamber.com www.mplschamber.com | @MplsChamber                   ! 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D$ 3 .1 ''  - +$* 2  (?'   /1 ''  - +$*1+ '' /0 1 2 J  /54  %% 1 ''  - +$*;=  @ 2    App. No. 2022-003 PC 07/14/2022 | CC 08/08/2022 Page 1 Planning Commission Report Meeting Date: July 14, 2022 Updated: August 8, 2022 Application No. 2022-003 Applicant: Alatus LLC, Project for Pride in Living (PPL), and Resurrecting Faith World Ministries (RFWM) Property Owner: Economic Development Authority (EDA) of the City of Brooklyn Center Location: 2500 County Road 10 and 5900 Shingle Creek Parkway Requests: Preliminary and Final Plat, Zoning Code Amendment to Remove Subject Property from Central Commerce Overlay District, Rezoning and Establishment of a Planned Unit Development, and Site and Building Plan Approvals (4) Map 1. Subject Property Location. Requested Action Alatus, Project for Pride in Living, and Resurrecting Faith World Ministries (“The Applicant”) is requesting review and consideration of a proposal to re-develop approximately 16 acres of property owned by the Economic Development Authority (EDA) of the City of Brooklyn Center and part of the City’s larger 80-acre “Opportunity Site.” The property under consideration is located at the northeast corner of Shingle Creek Parkway and Bass Lake Road (County Road 10), and is a largely vacant and impervious site, with the exception of a standalone restaurant (Ocean Buffet) that has an existing lease with the EDA of Brooklyn Center. In order to carry out the approximately 16-acre redevelopment contemplated under Planning Commission Application No. 2022-003, a re-plat of approximately 32 acres is also necessary to accommodate the full build-out of certain public infrastructure, including an approximately 1,800-foot new multi-modal roadway, semi-regional x Application Filed: 06/14/2022 x Review Period (60-day) Deadline: 08/13/2022 x Extension Declared: 07/21/2022 x Extended Review Period Deadline: 10/12/2022 App. No. 2022-003 PC 07/14/2022 | CC 08/08/2022 Page 2 stormwater system and ponding, and replacement and upgrading of water, sewer, and storm utilities. The Applicant is requesting full approvals for the construction of 543 dwelling units across three multi-family residential buildings (278, 205, and 60 units, respectively), an event center, 24-hour childcare center, and wellness and barber suites. The submittal would also contemplates plaza and gathering space, a flex street, trail and sidewalk connections to existing community assets, and other related site improvements, and approve the platting and flexibilities necessary to advance a proposed entrepreneurial market, three smaller multi-family residential buildings (70, 60, and 70units, respectively, for a total of 200units), an approximately 3.5-acre regional park (Three Rivers Park District), and future phasing on the Opportunity Site (Exhibit A). The Applicant originally submitted Planning Commission Application No. 2022-003 on May 10, 2022; however, City staff determined the submittal to be incomplete. A letter of incomplete was issued to the Applicant on May 23, 2022, along with a detailed checklist outlining missing submittals and documentation. An application was re-submitted on June 14, 2022 for consideration and deemed complete. A public hearing notice was published in the Brooklyn Center Sun Post on June 30, 2022, mail notifications were mailed to nearby taxpayers, residents, and businesses per Code requirements, and development proposal signage installed on the property by the City; however, the Planning Commission failed to meet quorum on July 14, 2022, and therefore a public hearing was not held, and no recommendation could be provided. In order to keep the application progressing and within the review requirements under state statute, a 60- day review extension letter was provided to the Applicant on July 21, 2022, and a new public hearing notice was published in the Sun Post on July 28, 2022, for the August 8 2022, City Council meeting (Exhibit B). Development Pattern 1956 Imagery 1967 Imagery 1971 Imagery 2021 Imagery Image 1.Historical and Current Imagery of Opportunity Site-Phase I Area (Courtesy: MHAPO, Hennepin County). App. No. 2022-003 PC 07/14/2022 | CC 08/08/2022 Page 3 Existing Conditions Image 2. Existing Site Conditions at Subject Property. App. No. 2022-003 PC 07/14/2022 | CC 08/08/2022 Page 4 Site Data: 2040 Land Use Plan: TOD (31.01-130 Dwelling Units per Acre) Neighborhood: Centennial Current Zoning: C2 (Commerce) District | Central Commerce Overlay District Site Area: Approximately 16 Acres (Redevelopment) | 32 Acres (Re-Plat) Surrounding Area: Direction 2040 Land Use Plan Zoning Existing Land Use North TOD (31.01-130 DU/Ac.) C2 (Commerce) District |Central Commerce Overlay District Commercial | Office | Undeveloped South ROW | TOD ROW (Bass Lake Road/County Road 10) | PUD/C2 (Planned Unit Development/Commerce) District | Central Commerce Overlay District (ROW) | Commercial East ROW | C-MU (10.01-25 DU/Ac.) ROW (John Martin Drive) | C2 (Commerce) District | Central Commerce Overlay District (ROW) | Commercial West ROW | TOD, and Parks, Recreation, Open Space C2 (Commerce) District and Central Commerce Overlay District | Central Commerce Overlay District (ROW) | Apartments | Commercial | Park, Recreational, or Preserve BACKGROUND The Opportunity Site is an approximately 80-acre area west of Highway 100 and east of Shingle Creek Parkway, and bounded on the south by Bass Lake Road (County Road 10) and north by Summit Drive. The City first began planning for redevelopment of this area in the early 2000s. In partnership with the Metropolitan Council, the area was included in a regional study designed to examine how aging retail centers could redevelop to better serve the communities they are in. The resulting 2002 Calthorpe Study introduced the concept of a mixed-use, walkable town center as a vision for the area. The Subject Property under consideration for redevelopment was formerly home to Brookdale Ford auto dealership (2500 County Road 10), an approximately 185,000-square foot Brookdale Square retail center and movie theater (Brookdale 8 Cinema), and an existing, standalone restaurant (Ocean Buffet) located at 5900 Shingle Creek Parkway, and encompasses approximately 32-acres located at the northeast junction of Bass Lake Road (County Road 10) and Shingle Creek Parkway. The aforementioned properties are just two of the key properties located within the larger 80-acre area known as the City of Brooklyn Center’s “Opportunity Site.” As contemplated under this application, approximately 32-acres would be re-platted to accommodate an approximately 16-acre initial (Phase I) development, with the remaining acreage earmarked to accommodate necessary infrastructure and phasing and the ultimate buildout of the overall Opportunity Site. In 2008, the City of Brooklyn Center’s Economic Development Authority (EDA) began proactively acquiring property within the identified Opportunity Site, including the Subject Property, and in 2013, the EDA purchased the approximately 23-acre Brookdale Square site (5900 Shingle Creek Parkway). All buildings were subsequently demolished with the exception of Ocean Buffet, who leases from the Economic App. No. 2022-003 PC 07/14/2022 | CC 08/08/2022 Page 5 Development Authority of the City of Brooklyn Center and has a Relocation Assistance Agreement in place with the City pending approval of Planning Commission Application No. 2022-003. In April 2018, the EDA entered into an agreement with Alatus, LLC to master develop 35 acres of EDA-owned land within the Opportunity Site, and conduct due diligence on an initial phase of development. The City has solicited interest from numerous developers over the years, all who offered a vision for the Opportunity Site, but whose proposals never became a reality. It was in late 2017 and early 2018 that three developers came forward with concept plans for the master planning and redevelopment of the Opportunity Site. Following a meeting in February 2018, the City Council selected Alatus, as their vision aligned well with past planning efforts and the vision created under the City’s 2006 master plan (Damon Farber & Associates) for the site, and addressed the concept of a walkable town center area with mixed- use development that was most likely to benefit the community and its residents. In April 2018, the EDA entered into an agreement with Alatus, LLC to master develop 35 acres of EDA-owned land within the Opportunity Site, and conduct due diligence on an initial phase of development. LJĞĂƌůLJϮϬϭϵ͕ůĂƚƵƐŚĂĚƌĞĮŶĞĚƚŚĞŝƌŽǀĞƌĂůůĐŽŶĐĞƉƚĨŽƌƚŚĞƐŝƚĞĂŶĚǁĞƌĞŵŽǀŝŶŐĨŽƌǁĂƌĚǁŝƚŚĞĂƌůLJ planning for an initial phase of development that would include approximately 300-units of housing and a mix of commercial space ŽŶƚŚĞŐƌŽƵŶĚŇŽŽƌ͘dŚĞconcept was presented to the City Council and direction was given to renew the Preliminary Development Agreement (PDA) with Alatus. It has been through an iterative process over these past years that Alatus’ vision has evolved following work with the City and community partners through an extensive community engagement process, meetings with City staff and City Council, and an ultimate partnership with Resurrecting Faith World Ministries (RFWM), and Project for Pride in Living (PPL). The Applicant (Alatus, Resurrecting Faith World Ministries, and Project for Pride in Living) proposal for the Phase I development of the Opportunity Site, as it stands today, contemplates the re-platting of approximately 32 acres and the framework and plan approvals necessary to re-develop approximately 16- acres of the Opportunity Site. The current Phase I proposal would accommodate: 743 multifamily housing rental units (342 rental units with designated affordability at or below 80% AMI), at least 20,000 square feet of commercial space as a dedicated Entrepreneurial Market (EMP), an event center and social care facility (including a 24-hour childcare center, barber and wellness suites—of which include therapy and counseling offices). It is important to note that the Phase I development of the Opportunity Site contemplates the implementation of significant infrastructure improvements and investments, including the construction of large, semi-regional stormwater facilities that will not only serve the Phase I development (anticipated to require 20-percent of the total system), but future phased development to the north, the creation of a new street and pedestrian network to serve the immediate Phase I development, as well as a crucial public roadway extension outlined in the Opportunity Site Infrastructure Framework, and adopted by City Council on July 12, 2021 under City Council Resolution No. 2021-90. This roadway extension would run east to west along the north end of the Phase I development from Shingle Creek Parkway to John Martin Drive. As contemplated within the submittal, the Applicant intends to construct approximately 1,800-feet of the extension as part of this development (Exhibit C). A more in-depth summary of the planning that has occurred regarding the Opportunity Site and in advance of the submittal as contemplated under Planning Commission Application No. 2022-003, is attached as Exhibit D. App. No. 2022-003 PC 07/14/2022 | CC 08/08/2022 Page 6 Community Engagement Process In 2019, Alatus LLC, in partnership with the City of Brooklyn Center, enlisted Twin Cities LISC Corridor Development Initiative (CDI) to facilitate a series of community workshops. The goal of the workshops was to identify development guidelines for Phase I of the Opportunity Site, and specifically the Subject Property. The development guidelines and final recommendations were summarized in the Opportunity Site Corridor Development Initiative Summary Report, and presented before City Council in June 2019. Engaging the community in the Opportunity Site planning and development has been a priority of the City and development team, and an integral part of this process. The scale and reach of community engagement on this proposed project have exceeded that of any past effort in the City’s history, and the intent is to ensure that the outcomes truly benefit the residents of Brooklyn Center, which necessitates a much deeper, more thorough, and more inclusive engagement strategy. The first phase of engagement, beginning in 2019, worked to establish core values, goals, and priorities for the development of the Opportunity Site and through this process, LISC created Development Guidelines for future Opportunity Site development (Exhibit E). For the second phase, still on-going in 2022, and initiated through approval of a resolution authorizing execution of a community engagement pilot program with community partners for the Opportunity Site and the commitment of funding to advance the pilot program (City Council Resolution No. 2021-84), the City partnered with community-based organizations and leaders to dive deeper into conversations with community, particularly in communities that have historically been overlooked by engagement efforts. This work focused on deeper conversations about community benefits, public safety, and wealth building, and how the development can support these goals. The wide range and reach of the involved community partners have led to a variety of community engagement activities to gather the feedback and input necessary to inform and shape the proposed development in a way that is authentically inclusive and representative of local community voices in Brooklyn Center. The engagement work has also informed and shaped the community benefits requested from future public and private investments and the creation of a Community Benefits Plan for the Opportunity Site. For full details of the Community Engagement process, please refer to Exhibit F. Environmental Review Process Projects that meet or exceed a threshold as set in Minnesota Rules Part 4410.4300 are mandated to complete an Environmental Assessment Worksheet (EAW). The size (i.e. square footage) of the proposed buildings contemplated under the application submittal, and the multi-use nature of the project as a whole, meet or exceed the thresholds, which necessitated the completion of an EAW. An EAW is a document designed to review and evaluate a proposed project and ultimately determine whether an Environmental Impact Statement (EIS) is needed. The EAW provides information necessary to determine if the project will have significant environmental impacts, informs the public about the project, provides permitting information, and identifies ways to protect the environment. In the spring of 2022, the draft EAW was submitted to the City of Brooklyn Center, and the City initiated a preliminary review for completion. The EAW was then published and made public, and distributed to other affected regional jurisdictions for a 30-day public review and comment period. During this time, a App. No. 2022-003 PC 07/14/2022 | CC 08/08/2022 Page 7 noticed virtual public meeting was held to provide an opportunity for public comment. Comments were collected and included in an additional supplemental document and were responded to accordingly. No comments requested an EIS or additional analysis or specific impacts. On June 13, 2022 City Council approved City Council Resolution No. 2022-061, declaring there was no need for an Environmental Impact Statement for the Opportunity Site Phase I development (i.e. Record of Negative Decision), and the EAW was made final. No further environmental review is therefore required for the proposed project (Exhibit G). COMPREHENSIVE PLAN The Subject Property currently has a future land use designation of Transit-Oriented Development (TOD), which allows for a range of 31.01 to 130 dwelling units per acre, and is a new land use designation under the 2040 Comprehensive Plan. Given previous studies and planning efforts, proximity to transit, and in consideration of the renewed efforts to redevelop the Opportunity Site during the undertaking of the 2040 Comprehensive Plan, the Subject Property was guided with the TOD designation. Image 3. Transit-Oriented Development (TOD) Description as Outlined in the 2040 Comprehensive Plan. The 2040 Comprehensive Plan notes that the City has experienced significant change in the past decade with respect to its changing demographics and land use patterns. With the closure of the Brookdale Mall and numerous supporting retailers and service providers, and the major shifts and changes to bricks and mortar retail, the City’s core economic engine effectively fizzled out, leaving a large contiguous area of vacant and underutilized land in the core of the City. The 2040 Comprehensive Plan clearly indicates the Subject Property and full 80-acre Opportunity Site as a “potential area of change” (Refer to Map 2 below). As the 2040 Comprehensive Plan was the first comprehensive plan in the City’s history to incorporate mixed-use land use designations (i.e. Neighborhood Mixed-Use, Commercial Mixed-Use, Business Mixed-Use, and Transit-Oriented Development), considerable time and effort was spent in detailing the integrating of uses, vision, and goals of these land use designations. App. No. 2022-003 PC 07/14/2022 | CC 08/08/2022 Page 8 Map 2. 2040 Future Land Use Plan and Redevelopment Areas with Subject Property (highlighted in yellow). The TOD land use designation was specifically created as previous planning efforts were historically silent on the “utilization of transit as a means to organize redevelopment efforts.” Transit and accessibility have always been a consideration of the City’s Comprehensive Plan, but as noted previously, have not served as a physical organizing feature of the Land Use Plan. The Comprehensive Plan notes that while previous efforts have simply addressed transit and mode choice such as walking or biking as part of its Transportation Chapter, current trends suggest that transit and mode choice are one of the principal components of a desirable, amenity rich community. The City has the opportunity to capitalize on this shift in what can be considered the heart of Brooklyn Center given its current transit system (i.e. proximity to Metro Transit Center Station, multiple bus stops, and access to Bus Rapid Transit) and the availability of redevelopment land. The designated Opportunity Site likely serves as the City’s greatest opportunity to address a desire to regain Brooklyn Center’s competitive edge, and a carefully considered plan for redevelopment would likely drive traffic, be it in the form of residents, visitors, or workers, back to the City’s core. Chapter 3 (Land Use and Redevelopment) of the 2040 Comprehensive Plan also specifies that the TOD land use designation, “encourage a vibrant, integrated mix of uses in this area, which means the City is willing to let the market help shape how the area is developed,” and that, “paramount to the success, regardless of density, is that the mix of uses includes more households of a variety of types, at various levels of affordability,” which were reinforced during the community engagement process for the Opportunity Site and reiterated by the Applicant in their submitted narrative and summary of housing and community comment integration diagrams. These documents highlight the need for a “housing spectrum more representative of community standards” and references the draft Opportunity Site Master Plan’s Housing Goals. Table 3-6 within the 2040 Comprehensive Plan (noted as Table 1 below) anticipates the construction of 1,922 new residential units within the Transit-Oriented Development future land use designation by 2040, with the overwhelming majority of units projected for completion between 2021 and 2030. App. No. 2022-003 PC 07/14/2022 | CC 08/08/2022 Page 9 Table 1. 2040 Comprehensive Plan – Anticipated Developable Acres and Residential Units within TOD Designation by Decade. Of central theme to transit-oriented developments are the parking policies implemented that ultimately shape travel behavior, community design, and the economics of a development. While some cities have eliminated minimum parking requirements entirely, it is recognized that the City of Brooklyn Center is a first ring suburb that was overwhelmingly developed in a pattern that has been for the most part, auto- dependent. The 2040 Comprehensive Plan further references the Institute for Transportation and Development Policy in outlining the elements unique to a transit-oriented development (TOD)—refer to Image 4 below. Image 4. 2040 Comprehensive Plan-Chapter 3 Land Use (TOD). App. No. 2022-003 PC 07/14/2022 | CC 08/08/2022 Page 10 REQUESTS PRELIMINARY AND FINAL PLAT As proposed, the Applicant intends to re-plat the Subject Property to accommodate the creation of separate lots for the multiple proposed buildings, including outlots intended to accommodate necessary public infrastructure, amenities, and future phasing. The re-platting of the Subject Property aligns with the greater Opportunity Site Infrastructure Framework, and accounts for lands necessary to build out an approximately 1,800 feet public roadway extension, future 3.5-acre urban-regional park (Three Rivers Park District), semi-regional stormwater ponding intended to serve the Phase I development and future phasing to the north, and other developable lands contemplated for future phasing and buildout of the Opportunity Site, which would be retained by the City/Economic Development Authority of Brooklyn Center until otherwise determined. City staff conducted a review of the submitted preliminary and final plat against City Code requirements, and specifically Section 15 (Platting) of the City Code of Ordinances. City Engineer Mike Albers and Webb Surveying conducted a review of the application submittal documentation and plats (Exhibit A). Comments regarding the preliminary and final plat can be found in the memorandums dated July 8, 2022 and June 28, 2022 (Exhibit H). It is noted in the attached memorandum that the City recommends providing exhibits reflecting the vacation of certain easements that will be rededicated on the new plat. An easement vacation application is required for separate submittal to the Engineering Division of Public Works and approval by City Council in advance of any plat recording. Further review is recommended for the lot line located between Lots 1 and 2, Block 4, as portions of proposed building (Site 4) courtyard and other site features appear to encroach across the proposed lot line, and the Applicant will need to consider access easement provisions with regard to the proposed structured parking between Sites 4 and 5, which will straddle the proposed lot line. Additional comments addressed inquiries on the anticipated ownership model and necessity of further separation for Lot 1, Block 1 (Site 1) as this area is contemplated for construction of an approximately 278-unit multi-family residential building (Site 1A), entrepreneurial market (Site 1B), and common plaza and amenity space. As Site 1B is still underway in its design and community engagement process, separate site and building approvals are required prior to any construction, and City staff will know at that point whether approval of a separate vertical subdivision/Registered Land Survey (RLS) or Common Interest Community (CIC) plat is the path for separating the Site 1 uses and ownership. Other minor corrections on the proposed graphics and dedication pages are noted in the referenced memo from Webb Surveying, dated June 28, 2022. Per preliminary comments provided to the City by Hennepin County on July 5, 2022, comments were outlined addressing the dedication of certain right-of-way (e.g. sidewalks, clear view triangle), and a recommendation to add curb work at the northeast intersection of Bass Lake Road (County Road 10) and Shingle Creek Parkway, which would extend the sidewalk space by tightening the roadway radii to slow right-turning vehicles as they cross through the intersection. Any final plat comments or requirements will have to be addressed as a condition of approval prior to any recording with Hennepin County. The Applicant will also need to provide an updated certified abstract of the title or registered property report to the City Planner and City Attorney for review. App. No. 2022-003 PC 07/14/2022 | CC 08/08/2022 Page 11 Based on the above noted findings, City staff recommends approval of the requested preliminary and final plat for the OPPORTUNITY SITE ADDITION, subject to the Applicant complying with the outlined Conditions of Approval, and approval of the related amendment to the City’s Zoning Code to remove the Subject Property from the Central Commerce Overlay District, rezoning and Establishment of a Planned Unit Development, and site and building plans (4). ZONING CODE AMENDMENT Overlay districts generally apply an extra level of regulations or development criteria above the standard underlying zoning district. The Central Commerce Overlay District is an area roughly bounded by I-694 on the north, Highway 100 on the south and east, Brooklyn Boulevard on the west, and Shingle Creek on the north, and includes a specific list of permitted and prohibited uses. Map 3. Central Commerce Overlay District and Subject Property (highlighted in black). The Applicant is requesting an amendment to the Zoning Code and associated map (refer to Map 3 above) to remove the Subject Property from the Central Commerce Overlay District, and whose uses are outlined in Section 35-2240 (CC Central Commerce Overlay District), as residential uses are not currently permitted within the Overlay District. As part of the ongoing Zoning Code update, the Central Commerce Overlay District is slated for removal; however, as that work is not yet complete, the submitted proposal requests the removal of this property from the Overlay District. In 2019, a similar request was made and approved by City Council as part of the redevelopment of the former Jerry’s Foods site (5801 and 5803 Xerxes Avenue North) into a combined 270-units of housing across two multi-family residential buildings, and approval of the Crest Apartments expansion in 2021 (6221 Shingle Creek Parkway) required removal from the Overlay District as well. Other existing residential properties located within the Central Commerce Overlay District that pre-date the establishment of the Central Commerce Overlay District include the Lux Apartments (6100 Summit Drive North), Gateway Commons (2850 Northway Drive), and Ecumen Prairie Lodge (6001 Earle Brown Drive). None of the uses contemplated within the Phase I Development are uses explicitly prohibited under App. No. 2022-003 PC 07/14/2022 | CC 08/08/2022 Page 12 Section 35-2240.4 (CC Central Commerce Overlay District), of which include: sauna and massage establishments, currency exchanges, pawn shops, secondhand goods dealers, auto repair establishments, gas stations, truck and trailer establishments, and indoor storage establishments. Based on the above noted findings, City staff recommends approval of the requested amendment to the City’s Zoning Code to allow for the removal of the Subject Property, located at 2500 County Road 10 and 5900 Shingle Creek Parkway, from the City’s Central Commerce Overlay District, subject to the Applicant complying with the outlined Conditions of Approval, and approval of the related preliminary and final plat, rezoning and Establishment of a Planned Unit Development, and site and building plans (4). REZONING | PLANNED UNIT DEVELOPMENT The Applicant requests approvals to re-zone and establish a Planned Unit Development (PUD) for the Subject Property located at the northeast intersection of Bass Lake Road (County Road 10) and Shingle Creek Parkway. These requests are integral to the submitted application requests to facilitate the Applicant’s plans to subdivide and re-develop the Subject Property into a mixed use, commercial and residential Transit-Oriented Development (TOD). Prior to approval of the 2040 Comprehensive Plan, the City of Brooklyn Center had largely developed out through Euclidean zoning or “single use” zoning, which divides a municipality up by a set of permitted uses and ultimately “zoning districts.” PUDs may only contain uses consistent with the City’s Comprehensive Plan and the uniqueness of each PUD requires that specifications and standards for streets, utilities, public facilities, and the approval of a land subdivision may be subject to modifications from the City ordinances generally governing them— essentially the City Council may approve plans that are not in compliance with the usual standards, specifications, or ordinance requirements where it is found that such are not required in the interests of residents or the City, although plans shall comply with all watershed, state, and federal, stormwater, erosion control, and wetlands requirements. Presently, the Subject Property is zoned C2 (Commerce) District, which generally allows for various retail uses, service/office uses, medical and health uses, construction and contractor uses, and non-residential educational uses. The Applicant’s proposed residential uses across three multi-family residential buildings and future multi-family residential phasing across three additional lots is not a permitted use in the existing C2 District. Additionally, group day care (childcare) facilities and event centers are only permitted in the C2 zoning district through issuance of a Special Use Permit, and are subject to special requirements per Section 35-412 (Special Requirements in C2 Districts) of the Zoning Code. As stated above, the request to re-zone and establish a PUD would allow for the redevelopment of the Subject Property into a mixed-use, Transit-Oriented Development (TOD) that would incorporate approximately 743 housing units, a 24-hour childcare center, event center, commercial space, open and amenity spaces in a format that is not currently contemplated within the City’s existing 1960s-era Zoning Code. The re-zoning to an underlying TOD District designation is in line with the City’s adopted 2040 Comprehensive Plan, which designates the Subject Property as TOD (31.01-130 Dwelling Units per Acre) and the draft Zoning Code Update and forthcoming Unified Development Ordinance, which intends to designate the Subject Property as TOD. Section 35-355 (Planned Unit Development) of the City’s Zoning Code notes that upon the rezoning for a PUD, the district shall be designated by the letters “PUD” followed by the alphanumeric designation of the underlying zoning district, which may be either the prior zoning classification (PUD/C2) or a new classification (PUD/TOD). Given that the major update to the City Zoning Code is currently underway and App. No. 2022-003 PC 07/14/2022 | CC 08/08/2022 Page 13 changes to districts are anticipated in order to align with the 2040 Comprehensive Plan, the request would be to re-zone following guidance from the 2040 Comprehensive Plan future land use designations for the Subject Property to a TOD. This allows for flexibility within the Zoning Code for developments which are either not defined or outlined as a use under the existing regulations. PUDs are often used to achieve a higher quality development, or achieve other City goals, in exchange for zoning flexibility from the City Code. The plans submitted under Planning Commission Application No. 2022-003 would require certain flexibilities to account for the mixed-use nature of the four proposed buildings in the initial phase, additional housing developments and entrepreneurial market contemplated in future phasing, and infrastructure needs. As the current Zoning Code does not contemplate mixed-use transit-oriented developments or mixed-use developments in general, the establishment of a Planned Unit Development is requested to provide parameters in granting these and other flexibilities. In conjunction with the proposed redevelopment application process, the City, community partners and stakeholders, and the Applicant completed a thorough and extensive community engagement process, which identified community priorities and desires for the future of the Opportunity Site development as a whole. The Phase I development intends to incorporate many community benefits and amenities that align with City goals, the Opportunity Site Master Plan, and community feedback received to date, and outlined community amenities and benefits, some of which are noted below in Table 2 below. In return, the Applicant requests for certain deviations from the existing Zoning Code and other design standards to forward this proposal. Where possible, City staff has referenced the draft Unified Development Ordinance (UDO) and Zoning Code update provisions, and specifically, those provisions drafted for the Transit-Oriented Development District, in its review of Planning Commission Application No. 2022-003. The integration of the above-referenced community benefits, and how they align with community input and City goals, is demonstrated in Table 2 below: Community Feedback Project Community Amenity/Benefit Opportunity Site Master Plan and City Goals Inclusive gathering places and open spaces Trail and sidewalk connections to existing community assets, including a new park developed by Three Rivers Park District. Flex street that can be easily closed off for pedestrian friendly events, located between the Entrepreneurial Market Place and Event Center. Privately-owned and maintained plaza adjacent to the Entrepreneurial Market Place. Integration of public art into development and buildings. The pedestrian network in Downtown Brooklyn Center is designed to provide access to daily needs within walking distance of all residents and visitors. By connecting to regional trails and providing safe streets and appropriate support facilities, cycling can be an efficient, healthy, and environmentally friendly means of transportation. A housing spectrum that is more representative of Community A mix of multi-family housing developments with shared amenities Promote a diverse housing stock that provides safe, stable, and accessible App. No. 2022-003 PC 07/14/2022 | CC 08/08/2022 Page 14 standards and providing a spectrum of affordability levels and types (i.e. market, mixed-income, affordable, family-sized units), including 260 affordable housing units, 205 Mixed Income Units (40% of units at between 60-80% AMI, 60% Market Rate), 278 Market Rate Units. housing options to all residents, including a mix of incomes with affordability integrated. Housing near amenities (health and social services, transportation, education, and quality job opportunities) that promote walkability, livability, and community. Local Community business focus and integration of underserved residents Entrepreneurial Market Place to be owned and programmed via community stakeholders and the City of Brooklyn Center. Barber, beautification, and wellness suites—including therapy and counseling offices for development by RFWM. Downtown will feature several areas of commercial, retail, and civic activity that residents of the community and throughout the region will help activate throughout the week and year. The City also has multiple Economic Development and Employment goals that will be engaged through this development. Need for more childcare options 24-hour childcare center Downtown will feature several areas of commercial, retail, and civic activity that residents of the community and throughout the region will help activate throughout the week and year. Innovative stormwater management strategies and alternative energy strategies Sustainable stormwater strategies that are intended to be experienced through integrated landscape design, trails and places to gather. Stormwater system to be tied into the greater regional system, and with capacity to integrate future phasing and build-out of the Opportunity Site to the north. On-site renewable and alternative energy sources and high efficiency building systems, supplementing electricity and utility usage with 30% +/- reduction of utility bills for occupants. Downtown will feature a stormwater system that manages rainwater throughout the Opportunity Site and district while also serving as a health, recreational, and aesthetic amenity for residents and visitors. Table 2. Community Engagement Integration within Application Submittal. The proposed Planned Unit Development would ultimately approve the framework necessary for the Phase I redevelopment of the City’s Opportunity Site, which contemplates site and building plan approvals for three (3) separate multi-family developments (278-units, 205-units, and 60-units, respectively) across a spectrum of affordability levels, an approximately 27,000-square foot development containing an event center (approximately 6,600-square feet) with 24-hour childcare center (approximately 5,254-square feet), wellness and barber suites, and shared public amenities and infrastructure to support development of the project, including plaza space, a community flex street, on-street/shared parking, semi-regional ponding, sidewalks and trails. Approval of the re-zoning, PUD, and plat requests would also provide the framework necessary for a proposed City-owned entrepreneurial market (Site 1B), which would be constructed adjacent to the 278- App. No. 2022-003 PC 07/14/2022 | CC 08/08/2022 Page 15 unit multi-family development (Site 1A), and three future phases of smaller-scale multi-family affordable housing developments proposed by Project for Pride in Living and Resurrecting Faith World Ministries (Sites 5, 6, and 7). It should be emphasized that approval of the Phase I Opportunity Site development, as contemplated under Planning Commission Application No. 2022-003, would frontload a substantial portion of public infrastructure work necessary to build out and expedite future phases of the overall 80-acre Opportunity Site. The creation of a transit-oriented development on the Subject Property incorporates mixed housing and commercial uses with densities that can support public and alternative transit opportunities and is in proximity to an existing transit center with Bus Rapid Transit (C-Line, and proposed D-Line service). The development at this location also provides an opportunity for reduced automobile dependency with the Subject Property’s adjacency to the Shingle Creek Crossing shopping center and grocery options and services nearby. With this said, the intensity of a transit-oriented development requires certain increased densities, reduced building setbacks, and parking ratios, in order to bring people, activities, buildings, and public space together in a format conducive to walking and cycling, and with a mix of uses that will activate a place. The Applicant would also require certain flexibility to incorporate signage for the proposed buildings at each development, and referenced on Sheet G005 of the overall PUD set. The existing Sign Code, which is also underway with an update, currently restricts multi-family buildings to no more than one (1) wall sign per building, not to exceed 10-square feet in area, and cluster developments with more than 36-units are entitled to either one (1) freestanding sign no greater than 36-square feet in area and no more than 10- feet above ground level, or two (2) identical freestanding signs located at opposite sides of the entrance not greater than 18-square feet in area and each not more than five (5) feet above ground level. The existing sign code is also not conducive to more current design standards for signage (e.g. blade signage). Although considered perhaps early in the planning phase, City staff recommended that the Applicant provide a signage schedule to address proposed locations and maximum square footage of each respective monument, wall, or wayfinding sign on the Phase I Opportunity Site, and particularly due to the constraints posed currently for multi-family residential. In review of the proposed signage locations, City staff noted that the proposed ground-mounted signage (i.e. monument, wayfinding) would require further reviewed to ensure sight-lines are maintained and to verify that no easements will be encroached upon. Sign locations would be subject to final City review for overall scaling, placement, and approval conditions, and subject to separate City sign permit approvals. The new sign code provisions, currently underway, intend to provide greater flexibilities for multi-family residential users than currently permitted. As approval of any development plan for the Subject Property shall constitute a re-zoning to PUD, approvals to establish a PUD require the City Council to base its actions on the re-zoning under the following criteria: 1. Compatibility of the plan with the standards, purposes, and intent of this section (Section 35-355); 2. Consistency of the plan with the goals and policies of the Comprehensive Plan; 3. The impact of the plan on the neighborhood in which it is to be located; and 4. The adequacy of internal site organization, uses, densities, circulation, parking facilities, public facilities, recreational areas, open spaces, and buffering and landscaping. App. No. 2022-003 PC 07/14/2022 | CC 08/08/2022 Page 16 With regard to the intended rezoning, Section 35-208 (Rezoning Evaluation Policy and Review Guidelines), outline that it is the City’s policy that: a. Zoning classifications must be consistent with the Comprehensive Plan; and b. Rezoning proposals shall not constitute “spot zoning,” defined as a zoning decision which discriminates in favor of a particular landowner, and does not relate to the Comprehensive Plan or to accepted planning principles. Furthermore, requests for re-zonings should be assessed against a series of guidelines outlined under the City’s Zoning Code: a. Is there a clear and public need or benefit? b. Is the proposed zoning consistent with and compatible with surrounding land use classifications? c. Can all permitted uses in the proposed zoning district be contemplated for development of the Subject Property? d. Have there been substantial physical or zoning classification changes in the area since the Subject Property was zoned? e. In the case of City-initiated rezoning proposals, is there a broad public purpose evident? f. Will the Subject Property bear fully the ordinance development restrictions for the proposed zoning districts? g. Is the Subject Property generally unsuited for uses permitted in the present zoning district, with respect to size, configuration, topography, or location? h. Will the rezoning result in the 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? i. Does the proposal demonstrate merit beyond the interests of an owner or owners of an individual parcel? Based on the above noted findings, City staff recommends approval of the requested re-zoning of the Subject Property from C2 (Commerce) District to establish a Planned Unit Development (Planned Unit Development/Transit-Oriented Development District) for the Subject Property located at 2500 County Road 10 and 5900 Shingle Creek Parkway, subject to the Applicant complying with the outlined Conditions of Approval, and approval of the related requests for an amendment to the City’s Zoning Code to remove the Subject Property from the Central Commerce Overlay District, preliminary and final plat, and site and building plans (4). SITE AND BUILDING PLANS (4) The Phase I Opportunity Site, as contemplated under Planning Commission Application No. 2022-003, will encompass a significant area of land located at 2500 County Road 10 (PID: 02-118-21-24-0019) and 5900 Shingle Creek Parkway (PID: 02-118-21-24-0020), which are both currently owned by the City of Brooklyn Center’s Economic Development Authority (EDA). The approximately 16-acre redevelopment, as proposed, contemplates full site and building plan approvals for four buildings (Sites 1A, 2, 3, and 4) with their respective site and Phase I improvements, and the PUD approvals and flexibilities necessary to effectively placeholder additional phasing within the Phase I development. Sites 1B, 5, 6, and 7 are reflected in the submitted requests to re-plat, re-zone, and establish a Planned Unit Development, but will require separate site and building plan approvals, due to project timing. While the proposed Entrepreneurial Market (Site 1B) will require site and building plan approvals in the near term given its adjacency to the proposed 278-unit multi-family building (Site 1A) and anticipated App. No. 2022-003 PC 07/14/2022 | CC 08/08/2022 Page 17 construction by Alatus (the Applicant), Sites 5, 6, and 7 are affordable multi-family residential developments that will seek outside funding to further the proposals (e.g. LIHTC credits). The submitted PUD plan set provides a breakout of the potential project phasing and interim site conditions (e.g. sodding/seeding). Refer to Table 3 below. Site Building Name Stories Gross Area Dwelling Units Acres Phase 1A Alatus | Multi-Family Housing 1 6 415,100 278 2.61 1A 1B Entrepreneurial Market 2 19,110 0 0.71 1A 2 RWFM | Event Center 1 26,500 0 1.87 1A 3 Alatus | Multi-Family Housing 2 6 300,100 205 2.48 1C 4 PPL + RFWM | Family Housing 5 72,000 60 0.87 1B 5 PPL + RFWM | Workforce Housing 4 79,000 70 0.78 1D 6 Family Housing 4 72,000 60 0.72 1E 7 Family Housing 4 72,000 70 0.86 1F A Outlot A - - 0 5.02 1A – 1E TOTALS 743 15.92 Full Approvals: (1) Site and Building Plan, (2) Removal from Central Commerce Overlay District, (3) Rezoning and Establishment of a Planned Unit Development, and (4) Re-plat Partial Approvals: (1) Removal from Central Commerce Overlay District, (2) Rezoning and Establishment of a Planned Unit Development, and (3) Re-plat | *Separate Approvals Required for Site/Building Plan* Table 3. Opportunity Site-Phase I Project-Specific and Phasing Information. Site Design Image 4. Submitted Overall PUD Site Plan for Subject Property. App. No. 2022-003 PC 07/14/2022 | CC 08/08/2022 Page 18 Image 5. Submitted Rendering of Overall Phase I Opportunity Site Development. The submitted Phase I development of the Opportunity Site would encompass approximately 16-acres and provide primary vehicular access off Shingle Creek Parkway, with future access and connection via an extension to John Martin Drive. As proposed, no access would be provided for off Bass Lake Road (County Road 10) and an existing driveway would be removed. Preliminary comments received back from Hennepin County indicate support for the removal of the existing driveway, proposed internal sidewalk additions, and recommended additional connectivity to the existing sidewalk running along Bass Lake Road. The Applicant worked through multiple iterations of the project proposal between 2018 and today. As the proposal stands today, the Phase I development would eventually be bounded on two edges by a proposed, approximately 3.5-acre urban-regional park, to be owned and maintained by Three Rivers Park District, and a semi-regional stormwater park, complete with sidewalk and trail connections to the existing Shingle Creek and Twin Lakes Regional Trails, which are conveniently located at the intersections of Bass Lake Road (County Road 10) and Shingle Creek Parkway. Pending approval and construction of the Three Rivers Park District park, contemplated for construction just north of Site 1, a regional trail re-alignment would likely take place to provide direct access to this amenity. The Applicant notes in their narrative that the development, as submitted, is intended to provide a series of interactive, outdoor spaces and amenity spaces to allow for people to connect with one another and their surroundings. It is with guidance from the 2040 Comprehensive Plan, previous planning efforts and studies of the Opportunity Site, extensive community engagement, and a major Zoning Code update currently underway, which would re-zone the Subject Property from its existing C2 (Commerce) District designation to TOD (Transit-Oriented Development), that the Applicant has re-envisioned the Subject Property to the proposal as submitted. Additionally, the site plans were reviewed against the Active Living Guidelines established for the Opportunity Site under City Council Resolution No. 2015-154, (Exhibit I), which approved an Opportunity Site specific Planning and Development Application, and provides a checklist that addresses building design standards, and provision of pedestrian-level infrastructure and elements. Per the checklist, proposed buildings should be located near the front street (ROW) line wherever App. No. 2022-003 PC 07/14/2022 | CC 08/08/2022 Page 19 possible, with entrances located off this front edge, and sited in ways to make entries or intended uses clear and convenient to pedestrians. Further, entrances should be well-lit for user security, and parking lots are encouraged to be underground, in parking structures, or located behind buildings if possible, and designed to facilitate shared parking between uses. Proposed building locations and site connectivity decisions should be informed using CPTED (Crime Prevention Through Environmental Design) principles, including connections to well-lit sidewalks buffered by street trees or other amenities. At the core of the Phase I Opportunity Site’s design are the community benefits outlined within a series of exhibits, diagrams, and schedules, which the development has oriented itself around (Exhibit A). Setbacks | District Requirements As proposed, the Subject Property would be re-platted. The following building setbacks are indicated on the newly proposed lots to serve the Phase I development: Minimum Setbacks (Feet) TOD District- Draft Site 1(A) Multi-Family (Alatus) Site 2 Event |Suites (RFWM) Site 3 Multi-Family (Alatus) Site 4 Multi-Family (PPL +RFWM) Front Build-to 0-10 13 12 12 4 Front (Interior) N/A - - - - Secondary Front (Corner) 0-10 - - - - Side (Interior) 10-50 40 +/- (varies) 21 | 17 36 10 Rear 10-50 5 (alley) 13 108 52 30-60 (varies) Table 3. Existing and Proposed Setbacks for the Submitted Site and Building Plans (Subject Property). Sites 1 (Multi-family, Alatus), 2 (Event Center, RFWM) and Site 3 (Multi-family, Alatus) are all proposed with building setbacks that slightly exceed the building setback provisions as outlined in the draft TOD District requirements; therefore, a request is made to deviate from these provisions as part of the PUD approval request. Per City staff review, some of the deviations are due to the architectural projections on Sites 1A and 3, which result in a deeper setback requirement for the building, as building setbacks are measured from a wall. In the case of the proposed event center (Site 2), greater setbacks are provided in order to incorporate on-site surface parking, a proposed playground for the 24-hour childcare center, and some spacing requirements for the outlined flex street (Outlot A), to be located between the event center (Site 2) and the proposed entrepreneurial market (Site 1B). The maximum outlined impervious coverage as outlined in the draft TOD provisions is 85-percent. The existing Subject Property is approximately 90-percent impervious and comprised almost entirely of remnant parking lot. The Applicant worked with City staff to reduce the impervious coverage down to the outlined maximum 85-percent coverage. The draft TOD requirements specify that any new blocks established are between 300 and 500 feet in length as a means to address pedestrian-oriented design and to maximize overall walkability within a development. Maximum block perimeters shall be no greater than 2,000 feet. The new blocks contemplated as part of the application submittal meet these requirements. Furthermore, the draft TOD District density provisions specify a range of 31 to 130 dwelling units per acre, which is in alignment with the future land use designation provisions for the TOD as outlined within the App. No. 2022-003 PC 07/14/2022 | CC 08/08/2022 Page 20 City’s adopted 2040 Comprehensive Plan. Based on a review of the submittal, the overall densities within the residential components of the development range from between 68 and 107 dwelling units per acre and therefore comply with this standard. Refer to Table 4 below. Site Building Name Stories Gross Area Dwelling Units Acres Phase Density (DU / Acre) 1A Alatus | Multi-Family Housing 1 6 415,100 278 2.61 1A 107 1B Entrepreneurial Market 2 19,110 0 0.71 1A - 2 RWFM | Event Center 1 26,500 0 1.87 1A - 3 Alatus | Multi-Family Housing 2 6 300,100 205 2.48 1C 82.7 4 PPL + RFWM | Family Housing 5 72,000 60 0.87 1B 68.9 5 PPL + RFWM | Workforce Housing 4 79,000 70 0.78 1D 89.7 6 Family Housing 4 72,000 60 0.72 1E 83.3 7 Family Housing 4 72,000 70 0.86 1F 81.4 A Outlot A - - 0 5.02 1A – 1E - TOTALS 743 15.92 Table 4. Showing Gross Areas, Units and Density for Proposed Phase I Opportunity Site Development. Architectural Design City staff reviewed the four developments requesting full site and building approvals (Sites 1A, 2, 3, and 4) against the draft provisions outlined within the draft Zoning Code update and Unified Development Ordinance (UDO) underway, as well as the City’s existing Architectural Design Guidelines, which require at least 50-percent of each elevation (face) of a building to be constructed of Class I materials, with the remainder constructed of Class II materials. Material Breakdown Site 1 Multi- Family (Alatus) Site 2 Event Center | Childcare |Suites (RFWM) Site 3 Multi- Family (Alatus) Site 4 Multifamily (PPL + RFWM) North Elevation Class I (%) 45% 72% 62% 50% Class II (%) 55% 28% 38% 50% South Elevation Class I (%) 53% 77% 52% 34% Class II (%) 47% 23% 48% 66% East Elevation Class I (%) 45% 65% 66% 46% Class II (%) 55% 35% 34% 54% West Elevation Class I (%) 45% 68% 60% 51% Class II (%) 55% 65% 40% 33% Table 5. Proposed Building Material Breakdown per Building (Subject Property). App. No. 2022-003 PC 07/14/2022 | CC 08/08/2022 Page 21 An elevation by elevation breakdown of Class I and Class II building materials for each of the prospective developments contemplated under Planning Commission Application No. 2022-003 were provided by the Applicant per City staff request and have undergone multiple revisions and tweaks following City staff and community input. Refer to Table 5 above for a building-by-building breakdown of materials. Each of the buildings is unique in its massing, articulations, materials, and amenities. For Alatus’ developments, Site 1A proposes a primary Class I composition of Low-E glass, brick face, aluminum composite, and select public wall art; whereas a mix of Low-E glass, dark brick, light-colored stone, aluminum composite, and public wall art would be combined to satisfy the Class I requirements for Site 3. Sites 2 (Resurrecting Faith World Ministries) and 4 (Project for Pride in Living and Resurrecting Faith World Ministries) propose a majority of Low-E glass and dark brick for each elevation. While Site 2 appears to meet the minimum 50-percent Class I threshold, Site 4 appears to reflect slight deficiencies on the south and east elevations. In earlier conversations with the Applicant and Applicant Architect, it was determined that at least two of the proposed multi-family buildings (namely Sites 1 and 3) had set aside sections of wall space for the integration of public art and had earmarked it as a “Class II” material. It was through these conversations that City staff determined that public art, as determined through selection of an artist for originally- commissioned work, as opposed to the application of commercially available graphics, could request consideration for Class I determination. The submitted plans appear to now identify these areas as “Class I.” Refer to Image 6 below. Image 6. Example of Public Art Application as Class I Material (Site 3). While some sets reflect breakdowns of both Class I and Class II materials (i.e. Sites 2 and 4), other sets only reflect Class I materials (i.e. Sites 1A and 3). City staff requests that the Applicant revise the elevation- App. No. 2022-003 PC 07/14/2022 | CC 08/08/2022 Page 22 by-elevation renderings to reflect not only a Class I breakdown of materials, but Class II as well. Furthermore, any deficiencies in minimum Class I materials shall be corrected to meet the 50-percent threshold or Class II materials interpreted to be Class I (i.e. public wall art). Traffic | Access | Parking | Circulation | Connection Traffic | Access As proposed, no access would be provided for along Bass Lake Road (County Road 10) and an existing driveway would be removed. Primary access to the Phase I development would be gained via an existing signalized intersection located on Shingle Creek Parkway, with northbound traffic utilizing a dedicated right turn lane into the development, and southbound traffic utilizing an existing dedicated left turn lane at the signal. Said access is proposed for extension to John Martin Drive, and the Applicant has incorporated plans for the construction of approximately 1,800-feet of roadway, intended for acceptance as public right-of-way post construction, as part of this submittal. Northbound traffic on Shingle Creek Parkway would also have the option of utilizing an access point to the south of the existing traffic signal. It is from these access points that residents and visitors would gain access to the network of private streets. For clarity’s sake, the Applicant should provide an exhibit displaying parking and street/drive aisle dimensions with respect to direction of traffic, and any proposed directional or street signage. Refer to the Opportunity Site Traffic Report (dated February 8, 2021) by Bolton & Menk, and memo dated June 28, 2022, and provided by Bryan Nemeth (Bolton & Menk), in review of the submittal as contemplated under Planning Commission Application no. 2022-003 and with respect to Opportunity Site Traffic Report (Exhibit H). The 2021 Opportunity Site Traffic Report notes that the existing traffic capacities noted along Shingle Creek Parkway and Bass Lake Road (County Road 10) provide for between 26,900 and 32,200 vehicles per day based upon the existing roadway typical section and outline a volume to capacity ratio of less than 0.85, which is considered of acceptable capacity. Per City Engineer’s Mike Alber’s memorandum, dated July 8, 2022 (Exhibit H), “The submitted PUD is slightly different than the Opportunity Site Traffic and Transportation Analysis, but similar to the Environmental Assessment Worksheet (EAW) with minor revisions to the development mix sizes. The review provided by Bolton & Menk indicated no major changes in comparison to the Opportunity Site Analysis and the EAW, especially in the critical evening (PM) peak hour. It is not likely that the difference will result in unacceptable traffic operations for the area. The proposed access to Bass Lake Road as identified in the Opportunity Site Analysis is now not included as part of the project. The traffic results from the Opportunity Site Analysis should be updated for the change in trip distribution and access use with this and other development changes in the area in comparison to the original study, especially as it relates to the roadway lane needs into and out of the area, and to verify that safety and operations are not negatively impacted.” A loading exhibit was provided with the overall PUD submittal set (Sheet G006), indicating the proposed locations of interior trash rooms, loading docks, trash staging, and designated delivery areas. City staff App. No. 2022-003 PC 07/14/2022 | CC 08/08/2022 Page 23 requests that the Applicant provide detailed exhibits outlining proposed garbage truck, delivery truck, and fire truck routing and turn radiuses. As part of the review, City staff requested a review by the City of Brooklyn Center Fire Department of the proposed community flex street, which indicates two one-way drive aisles of approximately 16.5 feet in width and angled parking on either side. Per Fire Inspector Brandon Gautsch’s review, it is requested that the Applicant refine the drive aisle widths as necessary to accommodate the City’s fire truck equipment. With regard to the Fire Code and specifically Appendix D (Aerial Apparatus Access), the Applicant will need to ensure sufficient fire protection coverage and street widths wide enough to accommodate the extension of the outriggers on the City’s tower apparatus. In addition, the Applicant will need to ensure adequate clearance of overhead obstructions and a ground clearance of just under 50 feet for the truck. It is further requested that the Applicant provide an exhibit that demonstrates a turning radius of approximately 36.5 feet to accommodate the fire truck. Parking The purpose of the TOD (Transit Oriented Development) District is to support opportunities for dense, transit-supportive and transit-oriented development. The TOD district therefore requires intensities and patterns of development that support vibrant pedestrian activity, and discourages land uses and development patterns that could decrease walkability or interfere with the future growth of transit- oriented development and transit ridership. While it is not uncommon in TOD-designated areas to completely eliminate parking minimums, City staff is cognizant of the City’s primarily auto-dependent development pattern as a first ring suburb overwhelmingly built out between the 1950s and 1970s. One of the primary goals of a transit-oriented development is to minimize the land occupied by motor vehicles so as to provide higher quality amenities and services within said development. The City’s transit center, which is one of the busiest boarding locations in the Metro Transit system, and providing Bus Rapid Transit (BRT) service, is located between ¼ and ½ mile of the Subject Property, depending on one’s location. Even with transit as a consideration, it is hoped that residents and visitors will access the shopping off Bass Lake Road (County Road 10) and on-site amenities via alternative forms of transportation. The Applicant provides a rationale for the parking provided in their narrative (Exhibit A) and indicates that while the progressive components of a TOD should be considered, it is also “crucially important to consider current transit and vehicular considerations.” The Applicant provided a breakdown of the parking contemplated as part of the Phase I development of the Opportunity Site in Table 6 below; however, City staff noted discrepancies in the total parking provisions and submitted plan sets—indicated in Table 7 below. The Applicant shall work with City staff to ensure all narratives and plan sets provide a clear and consistent application of parking throughout the Subject Property and as a flexibility granted within the requested PUD. City staff reviewed the submitted plan sets against the Opportunity Site Traffic Report (dated February 8, 2021) by Bolton & Menk, and traffic review memo dated June 28, 2022 provided by Bryan Nemeth (Bolton & Menk), and in response to the plans submitted as part of the Phase I redevelopment of the Opportunity Site. It should be noted that the aforementioned reports and memos and trip generation estimates were determined utilizing a combination of historical traffic data, in conjunction with provided development strategies, and methods provided by the Institute of Transportation Engineers (ITE), Trip Generation Manual, 10th Edition. App. No. 2022-003 PC 07/14/2022 | CC 08/08/2022 Page 24 Site Phase Building Name Parking Spaces Type of Parking 1A 1A Alatus | Multi-Family Housing 1 395 Structured 1B 1A Entrepreneurial Market 60 Street 2 1A RWFM | Event Center 104 Surface Lot 3 1C Alatus | Multi-Family Housing 2 294 Structured 4 1B PPL + RFWM | Family Housing 43 Structured 5 1D PPL + RFWM | Workforce Housing 41 Structured 6 1E Family Housing 38 Structured 7 1F Family Housing 38 Structured A 1A – 1E Outlot A 154 Street TOTALS 1,167 Table 6. Breakdown of Parking Types and Spaces Allocated for Opportunity Site-Phase I. Parking Use Required Parking Spaces (Draft TOD) Provided Parking Spaces (in bold) Parking Ratio Site 1A-Multi-Family Housing with Site 1B- Entrepreneurial Market Space 2 Spaces per Dwelling Unit Max 278 units x 2 = 556 Spaces Max Entrepreneurial Market: Assumes 4 spaces per 1,000 SF (Spaces 10,000 SF+) @ approximately 20,000 SF for “retail development” = 80 spaces Structured Parking: 395 Note: Site 1B- Entrepreneurial Market indicates 60 on-street parking spaces, which are accounted for in shared parking count column below. (Minimum parking to be further evaluated as part of future site and building plan submittal.) 1.4 Site 3-Multi-Family Building (Alatus) 2 spaces per unit max 205 units x 2 = 410 spaces Max Structured Parking: 294 (Noted as 290 elsewhere) 1.43 Site 4-Multi-Family Building (PPL + RFWM) 2 spaces per unit max 60 units x 2 = 120 Spaces Max Structured Parking: 51 (Verify total parking and construction of proposed structured parking with Site 5/project timing). Future shared site buildout with Site 5 to provide additional parking) 1.18 Site 2-Event Center | 24- Hour Daycare | Wellness + Barber Suites (RFWM) Assembly: 300 attendants + assumed 10% or 30 staff (Catering TBD | 7 Non- Event Staff Max/Daytime) = 330 @ 1 space per 3 people = ~110 Spaces Childcare: based on max staff on shift (indicated 7 staff | 3 pick-up/drop-off) Retail (Barber | Wellness): Less than 10,000 SF = 3 spaces per 1,000 SF - 3,124 SF /1,000 SF x 3: 10 Spaces TBD but assumption of 120+ spaces total Surface Lot: 104 (Anticipates necessity of overflow parking along private streets depending on event center needs— see below) 0.86 Shared Parking + Private Streets 41 + 38 + 38 (Future Housing/Site 4+5 to be verified) + 154 Unassigned (Street) + 60 (Entrepreneurial Market- Street) = 331 Spaces -- ADA TBD TBD per MN Accessibility Code Total Required Parking Total Provided Parking 1,175 Spaces Table 7. Minimum and Provided Parking. App. No. 2022-003 PC 07/14/2022 | CC 08/08/2022 Page 25 The review of parking contemplated below is with respect to the above report and memo, data and plan sets provided as part of the application submittal, the parking and Transit-Oriented Development provisions outlined in the draft Unified Development Ordinance (UDO) currently underway, existing Zoning Code provisions outlined under Section 35-704 (Minimum Parking Spaces Required), and the 2040 Comprehensive Plan. At first glance, and if taking a purely mathematical review, it may appear that the parking is insufficient; however, a parking reduction of 10-percent was applied per the provided traffic memo due to the Subject Property’s proximity to transit stops, reducing the overall parking need to a minimum of 1,881 spaces (2,090 spaces, as identified in traffic review memo x 0.90). Even with this reduction, the proposed 1,167 spaces do not appear to be consistent with City Code, as there is an identified deficiency. However, the proximity of shopping in the area could be considered for further an additional reduction of 10-percent (for a total of 20-percent), or 505 parking spaces, as outlined through the site. With that said, City staff has additional considerations to in terms of the minimum of 2,090 parking spaces outlined within the traffic review memo provided by Bolton & Menk that should be addressed. The provided traffic review memo assumes the following: x Multi-family residential requires two (2) parking spaces per dwelling unit plus 0.5 for each unit for guest parking o City Staff Response: The draft parking provisions as contemplated under the draft Unified Development Ordinance assume up to two (2) parking spaces maximum per dwelling unit, not minimum, for multi-family residential buildings. Assuming construction of all 743 units as contemplated under the Phase I development (Sites 1A, 3, 4, 5, 6, and 7), and staff interpretation of parking, to be provided within structured parking garages, a parking ratio of 1.15 spaces per unit would be achieved. Alatus indicates an average of 1.4 parking spaces per dwelling unit within its two multi-family residential developments (Sites 1A and 3), which encompasses 65-percent of the total proposed multi-family residential units contained in Phase I. x Retail development is one (1) space per 200-square feet o City Staff Response: Parking minimums for the proposed entrepreneurial market (Site 1B) will be determined by the final programming and usage, which is wrapping up. For planning purposes, City staff reviewed the completed Brooklyn Center Entrepreneurship Market Strategy, prepared by ACER Inc. and NEOO Partners, Inc. which outlines the anticipation of “office space and supporting uses (conference rooms, phone/breakout areas), two to three food service areas, and small footprints of retail space” in the Facility and Infrastructure Needs portion of the document (Exhibit D). Although the Entrepreneurial Market (Site 1B) is contemplated for platting, re-zoning and PUD approvals, which would outline a flexibility in terms of project size of 20 to 30,000- square feet (currently proposed at approximately 20,000-square feet in submitted plans), Site 1B will require formal site and building plan approvals from the City under a separate application submittal. With this in mind, City staff utilized calculated potential parking needs utilizing the drafted “other retail stores or centers,” which would require four (4) parking spaces per every 1,000-square feet in developments greater than 10,000-square feet in size. This is as opposed to the minimum of one (1) parking space per every 200- square feet as outlined in the traffic review memo, which would require a minimum of 100 App. No. 2022-003 PC 07/14/2022 | CC 08/08/2022 Page 26 spaces. Assuming 20,000-square feet and a 100-percent of the space calculated with a “retail store” designation, which seems unlikely, a minimum of 80 parking spaces would be required (60 are currently proposed). x Office areas are required to have from 5 to 5.5 spaces per 1,000 SF o City Staff Response: The draft provisions for “office buildings, exclusive of those uses otherwise listed” requires a minimum of three (3) parking spaces for every 1,000-square feet. This would apply to the limited ancillary space within the proposed event center and a designated therapy office (Site 2) and Entrepreneurial Market (Site 1B). Per City staff review of the proposed Entrepreneurial Market, it is likely that some of the outlined office spaces will serve existing users and staff of the respective buildings in the form of meeting rooms and workspace. Further analysis of the minimum parking needs for the Entrepreneurial Market would take place as part of a forthcoming site and building plan application, and pending approval of this application. x Event centers likely fit into the category of one space for every 2.5 seats, but seats are unknown o City Staff Response: Per City staff discussions with the Applicant and Applicant Architect, the main gathering space identified within the event center was designed to seat 300 occupants, and the identified pre-event and outdoor event spaces are intended to serve said gathering space, rather than for separate reservation. Assuming a calculation of 1 space for every 3 seats, which is the City’s current and proposed calculation for “assembly” type uses, a minimum of 100 parking spaces would be required to serve the main event space within the event center, along with additional parking spaces reserved for some identified office space and the 24-hour childcare center. As 104 on-site parking spaces are currently contemplated for Site 2, there is an expectation that some visitors would utilize the parallel parking located along the private streets surrounding the site. Although there are proposed wellness and barber suites within Site 2 (event center building), which are proposed to occupy approximately 3,124-square feet of the Site 2 building, the entrance is oriented towards the flex and private streets, and it is likely that these spaces would be the most desirable for serving parking needs. As proposed, the therapy office would be open from 8 a.m. to 8 p.m. and the barber suites would operate from 6 a.m. to 6 p.m. A maximum of 7 non-event center staff are proposed to work from 7 a.m. to 5 p.m., Monday through Friday, and any event or catering staff would likely utilize the on-site or adjacent private street parking. As proposed and outlined below, the parking for the childcare center staff and parents/guardians (maximum of 7 staff and 3 pick-up/drop-off spaces), would be dedicated. x For childcare centers, it is assumed that, “1 space per employee plus one space per seven children” is required o City Staff Response: Current City Code provisions do not specifically outline childcare centers (or schools for that matter) as a use for parking purposes, and historically, minimum parking needs have been through allocation of sufficient parking to serve maximum staff levels on shift, as well as sufficient pick-up and drop-off spaces. City staff relayed to the Applicant and Applicant Architect an expectation that parking in proximity to the center be dedicated for childcare center staff and those picking up or dropping off children, particularly given the adjacent event center and hours of operation. App. No. 2022-003 PC 07/14/2022 | CC 08/08/2022 Page 27 As is indicated in the submitted narrative, the Applicant assumed a maximum of 7 staff at any one time for the proposed 24-hour childcare center, and would be open Monday through Saturday. Seven (7) parking spaces would be dedicated for childcare center staff and an additional three (3) spaces dedicated for pick up and drop off. As PUDs allow for a certain deviation or flexibility of standards, a parking reduction (deficit) is acceptable to create a less automobile-dependent project. Most importantly, parking requirements for multi-family residential developments are outlined in the draft provisions of the Zoning Code update are not Minimums, but rather Maximums in order to further this multi-modal objective. In previous reviews of existing multi-family developments throughout the City, it was determined that there was not necessarily a shortage of parking, but that rather it came down to the overall management and maintenance of quality parking (e.g. designated parking spaces, snow removal) and the location of spaces (e.g. proximity to building, overall sense of safety and adequate lighting). Thus, having a parking deficit for the housing portion of this PUD/TOD development is acceptable, although City staff will require that the Applicant work through a CPTED (Crime Prevention Through Environmental Design) review. City staff believes that despite less parking in the multi-family developments, the parking number will be more reliable given the structured (protected) parking format. As noted above, City staff requested dedicated parking in close proximity to the proposed 24-hour childcare center, and specifically for staff and pick-up/drop-off, and with respect to the adjacent event center. Per discussions with the Applicant, and provided the orientation of the proposed wellness/barber suites, whose access fronts along the proposed flex street, it is assumed that visitors and staff are more likely to utilize the street parking (10 parking spaces minimum). City staff worked with Applicant to provide additional on-site parking for event center use. The original submittal contemplated 87 on-site, surface lot spaces; whereas, the submitted plan set provides for 104 spaces (+ 17 spaces added). It should be noted that maximum usage of Site 2 is dependent upon the scheduling of events, and is therefore fluid in its use. The mix of uses on Site 2 appear to provide enough flexibility and compatibility (e.g. hours of operation, access to building) that City staff do not foresee a major conflict in the demand for parking. The proposed event center, 24-hour childcare center, and barber/wellness suites (Site 2) provide for 104 on-site surface lot spaces, which would result in a deficiency of 16 spaces, although it should be noted that customers and staff for the proposed barber and wellness suites are more likely to utilize on-street parking, which would leave Site 2 deficient by 6 parking spaces, assuming a minimum of 120 spaces. As noted previously, on-street, parallel parking is proposed for install on all frontages abutting Site 2. Of the 1,167 parking spaces identified in the Applicant’s narrative for the Phase I development, 773 are located in an enclosed, structured parking garage and would be of high value during the winter months (e.g. no snow removal, constraints to parking, snow storage). City staff further reviewed the outlined the proposed on-street parking, structured parking, drive aisles and widths with respect to existing City Code requirements. In reviewing the on-street parking, the drive aisles appear to meet the minimum requirements with respect to Fire Code and specifically fire access roads. City staff requests that the dimensions provided along the eastern portion of the Phase I development be revised to address overlap between the indicated drive aisle widths and proposed parallel (0 degree) parking. The Applicant shall work with City Fire and Building to address potential revisions to the outlined community flex street and turning radius requirements for the proposed private streets. App. No. 2022-003 PC 07/14/2022 | CC 08/08/2022 Page 28 The parallel on-street parking (private) meets the minimum dimensional requirements outlined under Section 35-702 (Parking Space Standards) of 8-feet in width by 24-feet in length, although the drive aisles are reduced assuming two-way traffic. Similarly, the angled parking indicated along the proposed community flex street appears to meet minimum dimensional standards, although plan sets should denote the angle of parking. For the Site 2 surface lot, the minimum two-way drive aisle requirement of 24-feet in width is met, as well as the minimum parking space dimensional standards for perpendicular 90-degree parking of 8.6-feet in width by 18-feet in length. The structured parking contemplated for the multi-family residential buildings contemplates the provision of select compact parking along the outer perimeters of the parking garage with a reduced space depth of between 16 and 17-feet, and drive aisle widths of 22-feet. The parking plans should be revised to reflect minimum dimensions for proposed ADA parking and loading spaces,as the typical standards presented in the submittal indicate 9-foot widths and 5-foot loading stalls, and the circulation of traffic within the garage (e.g. one-way vs. two-way). Image 7.Phase I Overall Structured, Surface, and Street Parking at Main/Lower Levels. App. No. 2022-003 PC 07/14/2022 | CC 08/08/2022 Page 29 Image 8.Phase I Overall Structured, Surface, and Street Parking at Upper Levels. Connections | Circulation Supporting the central purpose of a PUD is proximity to transit, prioritization of non-motorized transport networks, and the development of neighborhoods that promote walking through a dense network of streets and paths in a mixed-use development. Bus access is readily accessible to the south along Bass Lake Road for Routes 22 and 801, which also has an existing regional bike trail (Twin Lakes Regional Trail, which leads to North Mississippi Regional Park) and sidewalk, while Shingle Creek Parkway, which also has an existing sidewalk and regional bike trail (Shingle Creek Regional Trail) and the nearby transit center, serve Route 722. The transit center also provides existing Bus Rapid Transit service (existing C-Line, with proposed D-Line), and service to Routes 5, 717, 721, 723, and 724. Per City Code, bicycle and pedestrian facilities shall be constructed and connected to existing adjacent bicycle and pedestrian infrastructure, including the provision of bicycle parking. Following a review of the submittal, City staff requests that the Applicant provide a detailed exhibit noting all marked crosswalks and connections. City staff recommends that the Applicant re-visit proposed pedestrian and trail connections to account for additional crosswalks and pathways for access to on-site amenities, existing nature trails, bike trails and sidewalks. Refer to Image 9 below. This will be of greater importance with the approximately 3.5-acre Three Rivers Park District park proposed just north of Site 1, as there will likely be re-alignments to existing regional trails to provide direct access to the park site. Refer also to Map 4 below, which outlines existing trail gaps under the 2014 Brooklyn Center Bicycle and Pedestrian Plan. App. No. 2022-003 PC 07/14/2022 | CC 08/08/2022 Page 30 Image 9. Proposed connections within Phase I Opportunity Site to existing trails and sidewalks. Map 4. 2014 Brooklyn Center Bicycle and Pedestrian Plan, as outlined in the 2040 Comprehensive Plan (highlighted in red). The Applicant shall also conform to the Active Living Guidelines established for the Opportunity Site under City Council Resolution No. 2015-154, which approved an Opportunity Site specific Planning and Development Application and checklist with various Active Living components and/or improvements to be incorporated as part of any proposals within the Opportunity Site, and through a Statewide Health Improvement Program (SHIP) Grant with Hennepin County. The principles outlined under this application outline the following principles: App. No. 2022-003 PC 07/14/2022 | CC 08/08/2022 Page 31 1. The planning, design, and redevelopment of tracts within the City’s Opportunity Site should be in the form of complete and integrated communities, which may contain a mix of new housing, shops, workplaces, parks, and civic facilities essential to the daily life of residents. 2. New plans and developments within the City’s Opportunity Site should be designed so that housing, jobs, daily needs and other activities are within easy walking and bicycling distance of each other. 3. New development should contain as many active living elements and improvements as possible, especially new trails, bike lanes, and sidewalks, which are interconnected and located within easy walking distance of transit stops and trails connecting to major metropolitan destinations. Further, developers should address the following for projects located within the Opportunity Site: ƒ Locate a mix of uses in close proximity to encourage fewer automobile trips; ƒ Build the pedestrian and bicycle infrastructure that accommodates these forms of transportation; and ƒ Assure that residents have access to recreational areas and mass transit. A series of requested pedestrian and bicycle connections are further broken out to address sidewalk and cross walk connections of parking to building entrances, provision of benches and seating, crosswalk striping and signage, and outdoor seating and sales areas incorporated to foster placemaking, where possible. Exterior bicycle parking should be provided in close proximity to building entrances and indoor bicycle racks and controlled access storage rooms provided as an option for longer term bicycle parking. As proposed, the Applicant intends to install outdoor bike racks at Sites 1A and 1B, 2 and 4. The Applicant should consider opportunities to relocate the bike rack proposed to the southeast of the Entrepreneurial Market (Site 1B) near main building entry points. Further, the Applicant should explore opportunities to provide dedicated bike parking and storage within the proposed structured parking for the multi-family residential developments and in consideration of Minnesota’s winter season. Additional opportunities should be explored to expand upon bike parking opportunities—for instance, Site 4, which is intended for larger, family-style units, seems to only provide enough parking for 10 bikes. Sites 1A, 3, and 4 propose main level walk-up units with patios with direct access to private sidewalks that will link to public sidewalk and trail connections. Site 2 will provide entrances on three sides of the building to serve all the uses, with direct access to sidewalks. Hennepin County provided an initial review and comments on July 5, 2022, and expressed appreciation for the removal of an existing mid-block driveway along Bass Lake Road (County Road 10), as it promotes a more bicycle and pedestrian friendly environment with reduced points of conflict and safer overall vehicle operations. Hennepin County further indicated support of the proposed new sidewalk connections within the Phase I development and recommended additional connectivity between the proposed internal private sidewalks and existing sidewalks along Bass Lake Road (County Road 10). Lighting Given the intent to re-zone the Subject Property to Transit-Oriented Development (TOD), City staff reviewed the submittal against the draft lighting requirements as contemplated in the City’s draft Zoning Code update that will ultimately be incorporated into a Unified Development Ordinance (UDO), as well as App. No. 2022-003 PC 07/14/2022 | CC 08/08/2022 Page 32 the existing Zoning Code lighting requirements (Section 35-712, Lighting), which are fairly minimal. The Applicant shall work with City Staff through a CPTED (Crime Prevention Through Environmental Design) review for all exterior building and site lighting, but also internal lighting (e.g. structured parking garages, stairwells, trash areas), public/private streets and connections (e.g. sidewalks, trails), gathering spaces (e.g. plazas), and other amenities (e.g. playgrounds for proposed 24-hour childcare center, Site 4/5 playground). The Applicant should ensure sufficient lighting is provided and distributed over all entrances and exits, walkways, and within structured parking garages, and consistent lighting provided along all sidewalk, trail, and bike path connection points within and along the outer perimeter of the Subject Property and fronting along Shingle Creek Parkway, Bass Lake Road (County Road 10), and the proposed roadway extension between Shingle Creek Parkway and John Martin Drive. In reviewing the draft lighting requirements, “mitigative measures shall be employed to limit glare and spill light to protect neighboring parcels and to maintain traffic and pedestrian safety on public streets and sidewalks. Illumination cast from lighting of the subject parcel shall not exceed one (1) foot-candle as measured from the centerline of a public street or residential property line.” For comparison, the lighting provisions outlined under the existing Zoning Code allow for a maximum three (3) foot-candles when abutting residential properties, or a maximum of ten (10) foot-candles when abutting on-residential or City Right-of-Way (ROW). In terms of proposed lighting, the draft lighting provisions note that, “light poles located within landscaped areas and plazas shall have a maximum height of 20 feet, measured from grade,” and that “poles within these areas may be set on pedestals no more than eight (8) inches in height.” Additionally, “poles in parking lots shall have a maximum height of 24 feet measured from finished grade.” Wall packs are to be used only in areas intended for loading or service (e.g. trash); however, lighting fixtures mounted directly on structures shall be permitted when utilized to enhance specific architectural elements (e.g. public art), or to help establish scale or provide visual interest (e.g. above entrances or landscape features). An overall photometric (lighting) plan was provided with the submitted application, as well as photometric plans for each site requesting site and building plan approvals (Sites 1, 2, 3, and 4). Refer to Image 10 below. As proposed, the Applicant intends to install a cohesive set of 11 wall sconces at approximately 10-feet in height on buildings across all four sites. As these sconces provide up-down lighting, the Applicant shall ensure that the up-portion of lighting is shielded sufficiently so as not disperse light towards the sky (e.g. shielding/cut offs). 73, 12-foot high light poles on a 6-inch base are proposed for installation throughout the Phase I development along the new streets and pedestrian ways. 37 single head light poles, 20-feet in height with a 6-inch base are also proposed for installation along the new streets and pedestrian ways, as well as 7 double head light poles, 20-feet in height with a 3-inch base, intended for install in the middle of the proposed flex street. The aforementioned light poles are LED-style lighting that are minimalist in design and integrate a backlit shield to concentrate light towards the ground in outdoor areas. They are also sustainable in design in that only the components require replacement, rather than the full luminaire. 7 wall-packs are also proposed for installation over proposed entrances and exits to the structured parking garages and loading areas, at approximately 10-feet in height. App. No. 2022-003 PC 07/14/2022 | CC 08/08/2022 Page 33 Image 10. Submitted Overall Photometric Plan with Proposed Lighting. Although early in the process, the Applicant may want to explore opportunities to highlight public art features proposed in certain locations using light. As the City intends to establish streetscape and lighting standards as part the overall master plan for the Opportunity Site, the Applicant should coordinate street lighting with the City’s proposed standards. Provided the above information and the submitted photometric sets, City staff has the following comments: 1. Revise overall PUD photometric plan to clearly note property lines on the overall PUD plans, and indicated on Sheet E015 (Electrical Site Photometrics). Minimum, maximum, and average foot-candles are presented in a table format and indicate maximum foot-candles at the property lines of between 0.01 to 2.8 foot-candles, which may require adjustment. 2. The Applicant shall coordinate with the City, as the City intends to establish streetscape and lighting standards as part the overall master plan for the Opportunity Site. 3. Provide individual (site) photometric plans as part of any sets submitted for permit review. 4. Coordinate with City staff for CPTED review, including incorporation of lighting that aligns with Illuminating Engineering Society (IES) standards for sidewalks, parking lots, parking ramps, etc. Uniformity in lighting throughout these areas should be considered as well as the use of wall packs or alternative methods at entrances or areas where sufficient lighting is difficult to achieve by way of a light pole. App. No. 2022-003 PC 07/14/2022 | CC 08/08/2022 Page 34 Trash | Screening All ground mounted equipment (e.g., transformers, mechanical) shall be effectively screened from adjacent public rights-of-way and properties by a solid wall or fence constructed of wood, masonry, or other durable materials that are complementary to the materials used on the primary building. Roof- mounted equipment shall also be screened from view through use of parapets, wall/ fencing materials, or paint to match surrounding colors when visible from the public right-of-way. In reviewing the proposed trash facilities, it appears the multi-family residential buildings (Sites 1A, 3, and 4) intend to store their trash within the structured parking areas of their respective buildings. Each submitted site plan indicates dedicated concrete pads for the rollout of trash containers on pickup days to the sides of parking garage entrances and exits. Site 2 indicates a trash and loading area just north of the proposed playground for the 24-hour childcare center and an entry door on the east side of the property. It is to City staff’s understanding that this trash area would be shared between all users of Site 2 (i.e. event center, childcare center, barber/wellness suites). City staff requests additional detailing that clearly displays how trash pickup would be handled as it is in proximity to ADA parking and loading spaces and the entrance to the childcare center. Should it be determined an exterior trash enclosure is required, the Applicant will need to work with City staff to provide a revised site plan with detailing sheet for construction of the enclosure. The Applicant shall revise plan sets as necessary to provide sufficient screening for all ground-mounted equipment, as the submitted PUD plan set (Sheet A001) indicates some areas with screening (i.e. Site 1A, which outlines an “architectural metal screen with gate” for a proposed generator and transformer); whereas other areas of the sheet indicate transformers without any apparent plans for screening (e.g. Site 2 on Sheet A002 and Site 3 on Sheet A003). Image 11. Submitted Plans for Outdoor Playground at 24-Hour Childcare Center (Site 2). As proposed, the 24-hour childcare center (Site 2) indicates installation of an approximately 5-foot high fence. Per existing Zoning Code requirements, outside recreational facilities shall be appropriately separated from the parking and driving areas by a wood fence not less than four (4) feet in height, shall be contiguous to the daycare facility, and not located in any yard abutting a major thoroughfare, unless buffered appropriately. No more than half (50-percent) of the playground area shall be of impervious App. No. 2022-003 PC 07/14/2022 | CC 08/08/2022 Page 35 surfacing, and shall be bounded on no more than two sides by parking and driving areas. A second playground area is proposed for Sites 4 and 5, as outlined Image 12 below. As is indicated in the submittal plans, Site 4 proposes construction of a 60-unit multi-family residential building that would be catered to family-style units, with 75-percent of the units committed to units two-bedrooms and above. A second multi-family residential building (Site 5) to be constructed in the future, would ultimately share parking and select site improvements and amenities. The Applicant shall provide detailing that demonstrates fencing provisions given proximity to the street, as well as sidewalk connections to the playground from the building. It should be noted that an approximately 1,000-square foot interior play area is proposed for Site 4 as well. Image 12. Submitted Plans for Outdoor Playground at Sites 4 and 5 (Multi-Family Residential). Landscaping | Green and Amenity Spaces As proposed, the landscaping demonstrates commitments to streetscaping, public art, and/or placemaking elements, in addition to connections to existing trails and sidewalks. This generally meets City Code and Active Living requirements outlined and intended to promote social interaction, leisure opportunities, public gathering and activities, and the provision of focal points and activity notes within the development, although there are opportunities to improve. As is outlined in the project narrative (Exhibit A), the Applicant approached the outlined landscaping, green and amenity spaces proposed for within this application with the recognition that the redevelopment was intended to serve a larger overall re-development of the City’s designated Opportunity Site, which encompasses approximately 80-acres of Brooklyn Center’s core. A semi-regional “stormwater park,” located to the eastern edge of the proposed Phase I redevelopment, is contemplated under this application submittal. Additionally, the Phase I development was designed knowing that an App. No. 2022-003 PC 07/14/2022 | CC 08/08/2022 Page 36 approximately 3.5-acre park, to be owned and managed by Three Rivers Park District, is forthcoming and slated for certain property located to the north of Site 1. Portions of Outlot B, as outlined in the OPPORTUNITY SITE ADDITION and Lot 2 of BCCS 5910 SHINGLE CREEK ADDITION, recently approved for under Planning Commission Application No. 2022-002 and a portion of which is intended for purchase by the City, would provide the lands necessary to accommodate future phasing (including the proposed Three Rivers Park District park), developable lands, and infrastructure needs. The Applicant’s narrative outlines a Green Sustainability Plan and integration of district and semi-regional stormwater systems (minimum of 20 percent to serve Phase I development with remaining 80 percent to serve future phasing), plazas, and pavilions. Playground spaces are contemplated as part of the 24-hour childcare center (RFWM/PPL), as well as the first phase of the 60-unit affordable multi-family development (PPL), which would focus on providing family-oriented units of up to four (4) bedrooms. The project submittal includes two (2) two site-specific landscape plans with planting schedules for Sites 2 and 4, as well as an overall landscape plan (Sheet L-000) as part of the PUD submittal set. The site- specific landscape plans for Sites 1A and 3 appear to be missing and require submittal to City staff for review. The aforementioned PUD landscape plan provides detailing on proposed public and private amenity spaces, including public plazas, private courtyards, and proposed seed mixes for the semi- regional stormwater park; however, a Phase I-wide landscape planting schedule is absent. A provided phasing plan also outlines plans to sod/seed certain future phasing (i.e. Sites 5, 6, and 7) in the interim. For the purposes of this review, City staff reviewed the submittal against the City’s existing Landscape Point System Policy guidelines, as well as the draft landscaping provisions contemplated under the Zoning Code update currently underway, and specifically for the underlying TOD District. Although City Code does not have any specific requirements on the species of landscaping, the City has operated under and held new and redeveloped areas to complying with the City’s adopted Landscape Point System policy, which assigns points to a given site based on the acreage and type of development. In discussions with the Applicant, and in consideration of the draft landscaping requirements outlined within the City’s draft Unified Development Ordinance (UDO), City staff requested that the Applicant explore opportunities to diversify the landscaping and provide native and resilient plant types where possible. The Landscape Point System outlines requirements for uses such as “multi-family residential,” and “restaurant/retail/service/entertainment/hotels,” and requires a specific amount or number of landscaping units based on the maximum percentage of certain materials (i.e., 50% shade trees; 40% coniferous trees; 35% decorative trees; and 25% shrubs). City staff reviewed landscaping for the two submitted site-specific landscape plans (Sites 2 and 4), as well as the proposed overall PUD landscape plan, which incorporate future phasing as part of the PUD. The overall PUD landscape plans should provide for a consistent character within the site, contemplating not only project scale, but cohesion in landscape character provided the adjacent developments and open spaces. No more than 40-percent of the total number of trees provided shall be of the same species in order to promote species diversity and resilience, and landscape vegetation should use native and resilient plant types where possible as a mitigative approach in promoting landscape resiliency and reducing on- going site maintenance requirements. The outlined draft provisions for Transit-Oriented Development (TOD) Districts also contemplate the App. No. 2022-003 PC 07/14/2022 | CC 08/08/2022 Page 37 following minimum landscape requirements and are based on project valuation: Project Value Landscape Minimums Below $1,000,000.00 2 percent $1,000,000.00—$3,000,000.00 $20,000.00 + 1 percent of total project value $4,000,000.00—$5,000,000.00 $40,000.00 + .50 percent of total project value Over $5,000,000.00 value 1 percent + .25 percent of total project value Table 8. Minimum TOD District Provisions for Landscaping (based on valuation). The Applicant should revise the overall PUD landscape plan (Sheet L-000) to provide a comprehensive plantings schedule for the Phase I development, as contemplated under Planning Commission Application No. 2022-003. The individually-submitted landscape plans shall have their schedules revised as necessary and provide clear representation of the specific locations for plantings. As has been addressed in earlier sections, City staff requested the Applicant go through a CPTED review to identify opportunities to increase the overall safety of the development and keeping eyes on the street by ensuring sight lines are maintained through the selection of more decorative trees, and incorporation of certain vegetation along building walls, entrances, and windows. The Applicant should ensure adequate Clearview Triangles are provided at all street intersections per City Code Section 25-802, and the Applicant should verify the placement of trees and other landscaping within proximity to proposed utilities. The Applicant should also consider stepping certain landscaping back at and near intersections and pedestrian crossings to provide adequate visibility for both motorists and pedestrians. Engineering Review Mike Albers, City Engineer, reviewed the plans and provided a memorandum, dated July 8, 2022 (Exhibit H). His review summarizes comments and requested revisions with respect to the submitted civil and PUD plan sets, including: storm sewer, sanitary sewer, watermains, SWPPP and erosion control, roads, trails, and sidewalks, traffic, lighting, platting, and overall comments. In addition, a set of redlined sheets are included for the Applicant to address. Building| Fire Review Building Official Dan Grinsteinner conducted a cursory review of the submitted plan sets and provided a memorandum dated July 8, 2022 (Exhibit J). Pending approval of the requests, the Applicant will need to submit full construction plans, including but not limited to: architectural, structural, mechanical, plumbing, electrical, civil, landscaping, and photometric plans to the City for review. A fire sprinkler and monitoring system is required for installation and is to be maintained at all times for each of the buildings, and sufficient fire hydrants and shall be provided. It is requested that the Applicant provide an exhibit noting the minimum clearance around each of the development’s hydrants, and as outlined in the Fire Code. Any construction sets shall reflect any proposed fire riser rooms or ground/wall mounted fire access connections (e.g. wall PIV, OS & Y). Building Official Dan Grinsteinner and Fire Inspector Brandon Gautsch request an exhibit noting an approximately 36.5-foot turning radius for the City’s fire truck for all private streets within the Phase I Opportunity Site development and request revisions to the proposed flex street to ensure adequate drive aisle widths for the outrigger. App. No. 2022-003 PC 07/14/2022 | CC 08/08/2022 Page 38 The Applicant will also need to meet any minimum ADA requirements with regard to the building and site improvements, and prior to issuance of any building permits, a SAC determination shall be submitted to the Metropolitan Council and any associated fees shall be paid at time of permit issuance. All building plans are subject to review and approval by the Building Official with respect to applicable codes prior to the issuance of permits. CPTED Review City staff requests that as part of any construction set review, a CPTED (Crime Prevention Through Environmental Design) review be completed by City staff. High-level commentary was provided by Housing and Community Standards Supervisor, Xiong Thao. It is requested that the Applicant address potential improvements to lighting, landscaping (and specifically foundational plantings), traffic measures (e.g. install of speed tables in ramps or select streets), signage, fencing, bicycle facilities, and playgrounds. Additional considerations should be contemplated for the on-going maintenance of the development, including but not limited to litter, landscaping, etc. External Reviews The submitted plan sets were forwarded on to contacts at Hennepin County, the Minnesota Department of Transportation (MnDOT), and the Watershed Commission review. Any approval of Planning Commission Application No. 2022-003 is subject to the Applicant complying with any requested revisions or recommendations as outlined by the aforementioned authorities. The Watershed Commission anticipates review of the Phase I Opportunity Site submittal, as contemplated under Planning Commission Application No. 2022-003, at their August 11, 2022 Watershed Commission meeting. Based on the above noted findings, City staff recommends approval of the four (4) submitted site and building plans provided for Sites 1A, 2, 3, and 4 , as outlined in the proposed redevelopment of the approximately 16-acre Subject Property located at 2500 County Road 10 and 5900 Shingle Creek Parkway, subject to the Applicant complying with the outlined Conditions of Approval, and approvals of the related preliminary and final plat, amendment to the City’s Zoning Code to remove the Subject Property from the Central Commerce Overlay District, re-zoning and Establishment of a Planned Unit Development. APPROVAL CONDITIONS | ANTICIPATED PERMITTING Staff recommends the following conditions be attached to any positive recommendation on the approval of Planning Commission Application No. 2022-003 for the Subject Property located at 2500 County Road 10 and 5900 Shingle Creek Parkway, and commonly identified as the Phase I Opportunity Site: 1. The building plans are subject to review and approval by the Building Official as noted in the memorandum dated July 8, 2022, and with respect to applicable codes prior to the issuance of permits; and the final location or placement of fire hydrants, or other fire-related building code items, shall be reviewed and approved by the Fire Inspector. a. Any major changes or modifications made to the approved site and building plans and overall PUD plan can only be made by an amendment to the approved site and building plan as approved by the City Council. i. Revise plan sets to address comments and requirements as outlined by the Building Official, Fire Inspector, City Planner, and City Engineer. All plan sets shall App. No. 2022-003 PC 07/14/2022 | CC 08/08/2022 Page 39 be consistent in the information provided (e.g. number of units, parking provisions), and to address/remove inaccurate information (e.g. easements to be vacated but reflected on submitted site and building plans, revisions to drive lane widths along eastern edge of Phase I development). b. The Applicant shall work to ensure all applicable Minnesota Fire Code requirements have been met as part of any site plan approval. i. Fire sprinkler system are required to be installed for all buildings and shall be maintained on a consistent basis per City Code requirements. ii. A clearance exhibit is to be provided for all proposed fire hydrants. iii. A turning exhibit shall be provided to reflect minimum turning radius for fire apparatus on private streets outlined in Phase I Opportunity Site development. c. SAC Determinations shall be submitted by the Applicant to the Metropolitan Council and any associated feeds paid at time of any permit issuance. d. A cursory CPTED review was provided for the submittal; however, the Applicant shall work with City to address any outstanding comments and revisions to site and building plans prior to permit release. e. The Applicant shall revise the submitted overall PUD landscape plan per City staff comment to incorporate Phase I planting schedule, and provide site-specific landscape plans for review and approval in advance of permit release. f. The Applicant shall install irrigation systems where necessary to facilitate maintenance of site landscaping and green areas, and irrigation shop drawings shall be submitted for review and approval prior to installation. g. The Applicant shall revise the submitted overall PUD photometric plan to clearly identify all property lines, revise illumination levels, and address provisions of additional lighting, as necessary. Site-specific photometrics are required for submittal in advance of permit release. i. The Applicant shall coordinate street lighting with the City’s proposed standards for lighting and streetscaping. h. Any outside trash disposal facilities and rooftop or ground mechanical equipment shall be appropriately screened from view per City Code requirements and with materials complementary to the principal building, and a revised site plan and details sheet provided. i. Provide additional detailing for trash pickup for Site 2. ii. Adequate spacing of trash staging area from building. i. The Applicant shall submit a Sign Permit Application for any proposed signage (e.g., wall, freestanding) and receive issuance of a permit prior to any installation. All signage shall comply with the City’s Sign Code provisions. 2. The Applicant agrees to comply with all conditions or provisions noted in the City Engineer’s review memorandum and redline comments, and dated July 8, 2022. a. Final grading, drainage, utility, and erosion control plans and any other site engineering related issues are subject to review and approval by the City Engineer for City site and building plan approval and prior to the issuance of permits. b. Approval and issuance of an MPCA NPDES permit. c. Approval and issuance of a Hennepin County Right-of-Way (ROW) permit. 3. The Applicant shall address any comments and requirements as outlined by Hennepin County, the Minnesota Department of Transportation (MnDOT), and Shingle Creek and West Mississippi App. No. 2022-003 PC 07/14/2022 | CC 08/08/2022 Page 40 Watershed Management Commission. 4. Agreements: a. The Applicant shall enter into a Development Agreement with the City of Brooklyn Center, to be reviewed and approved by the City Attorney prior to the issuance of any building permits. i. Provision of a Community Benefits Plan. ii. Financial guarantee, to be approved by the City and executed in advance of any building permit release, to ensure the Phase I Opportunity Site development will be constructed, developed, and maintained in conformance with the plans, specifications, and standards. b. The Applicant shall enter into a PUD agreement with the City of Brooklyn Center. This agreement is to be reviewed and approved by the City Attorney prior to the issuance of any building permits. The agreement shall further assure compliance with the development plans submitted with this application, and future phasing contemplated within the Phase I Opportunity Site development. Said agreement shall acknowledge the various modifications to City ordinances, the framework of the PUD (Development Plans and Exhibits), cross parking, access, and encroachment agreements, responsibilities for private and public infrastructure, improvements, and their continued maintenance, and any conditions of approval to assure compliance with the approved development plans. i. The Applicant is allowed flexibility in the future development of Site 1B to accommodate a proposed entrepreneurial market of between 20,000 and 30,000-square feet, subject to separate site and building plan approvals by the City. ii. Administrative approval to address any necessary revisions and alterations to proposed design and implementation of public infrastructure, including, but not limited to: proposed semi-regional stormwater ponding, roadway extension, sidewalk and trail connections and alignments, etc. iii. Public wall art shall be reviewed on a case-by-case basis by City staff for consideration as a Class I building material. In these cases, the Applicant shall work with the City’s public art consultant, or other, through selection of an artist to implement said artwork. c. The Developer shall submit an as-built survey of the property, improvements, and utility service lines prior to release of any Performance Agreement financial guarantee. d. A Utility Facilities Easement Agreement is required for submittal to the City prior to issuance of any permits. e. A Construction Management Plan and Agreement and associated escrow are required for submittal prior to the City prior to issuance of any permits. 5. Platting: a. Approval of the preliminary and final plat for the OPPORTUNITY SITE ADDITION are contingent upon the addressing of comments by City Engineer Mike Albers in the memorandum dated July 8, 2022, by Charles Webb, Webb Surveying LLC, in a memorandum dated June 28, 2022, and any comments or requirements provided by the City Attorney’s office, and Hennepin County. b. The successful recording of said plat (mylar) with Hennepin County. App. No. 2022-003 PC 07/14/2022 | CC 08/08/2022 Page 41 RECOMMENDATION Based on the above-noted findings, City staff recommends the following: Motion to apƉƌŽǀĞ ƌĞƐŽůƵƚŝŽŶƐ ĨŽƌ ƚŚĞ(1) the preliminary and final plat for the OPPORTUNITY SITE ADDITION, (2) the submitted site and building plans for Sites 1A, 2, 3, and 4, as contemplated under Planning Commission Application No. 2022-003, (3) an amendment to the City’s Zoning Code to remove the Subject Property, located at 2500 County Road 10 and 5900 Shingle Creek Parkway, from the Central Commerce Overlay District, and (4) a re-zoning of the Subject Property from C2 (Commerce) District to establish a Planned Unit Development (Planned Unit Development/Transit-Oriented Development District), based on the submitted plans and findings of fact, as amended by the Conditions of Approval in the July 14, 2022 Planning Commission Report, and last updated for the August 8, 2022 City Council meeting. ATTACHMENTS Exhibit A – Planning Commission Application No. 2022-003 Plans and Documents, originally submitted May 10, 2022, and re-submitted June 14, 2022. Exhibit B – Public Hearing Notice, as published in the Brooklyn Center Sun Post, and dated June 30, 2022. Exhibit C – City Council Resolution No. 2021-90, dated July 12, 2021, and Opportunity Site Infrastructure Framework. Exhibit D – Opportunity Site Summary of Planning Activities. Exhibit E – LISC Development Guidelines for Future Opportunity Site Development. Exhibit F – City Council Resolution No. 2021-84, dated June 28, 2021, and Community Engagement Process. Exhibit G – City Council Resolution No. 2022-61 (A Resolution Making a Negative Declaration of the Need for an Environmental Impact Statement for the Brooklyn Center Opportunity Site #1), and dated June 13, 2022. Exhibit H – Traffic and Engineering Reports/Memos: Review Memorandum and redlined set, prepared by City Engineer Mike Albers, dated July 8, 2022, Opportunity Site Traffic Review Memo, prepared by Bolton & Menk, and dated June 28, 2022, and Opportunity Site Traffic and Transportation Analysis Summary Report, prepared by Bolton & Menk, dated February 8, 2021. Exhibit I – City Council Resolution No. 2015-154 (Resolution Establishing Active Living Guidelines for the Opportunity Site), dated October 12, 2015. Exhibit J – Review Memorandum, prepared by Building Official Dan Grinsteinner, and dated July 8, 2022. Updated June 14, 2022 City of Brooklyn Center Community Development Director Attn: Ms. Meg McMahan 6301 Shingle Creek Parkway Brooklyn Center, MN 55430 Ms. Meg McMahan, Alatus LLC (“Alatus”), Project for Pride in Living (“PPL”), and Resurrecting Faith World Ministries (“RFWM”), together the Development Sponsors, are pleased to present the following formal land use approval package application for the proposed redevelopment parcels located at 2500 CO and 5900 Shingle Creek Parkway, Brooklyn Center, MN 55430. The proposed project, Opportunity Site – Phase #1, will encompass a significant area of the land on tax parcels PID #0211821240019 and PID #0211821240019, both currently owned by the City of Brooklyn Center Economic Development Authority. More specifically, the total size of this Phase #1 is approximately 16 acres divided as follows: Alatus Market Rate & Mixed Use Multi-family – 5.09 acres PPL and RFWM Family & Workforce Housing – 3.09 acres Entrepreneur Market Plaza - .71 acres Resurrecting Faith World Ministries Event Center – 1.87 acres Outlot – 5.02 acres A tremendous amount of work by various stakeholders in the community and region have participated in creating this proposed development concept and we are all excited to be moving this revolutionary project forward - thus far the outcomes have been outstanding. In order to fulfill the established criteria for such a substantial submission, the applicant will discuss nine components related to the entire scope of the Opportunity Site – Phase #1 development proposal: ([KLELW$ Infrastructure Plan: Opportunity Site – Phase #1 has significant infrastructure improvements and investments that will be occurring in and around the area. Due to unique engineering circumstances of the Shingle Creek & West Mississippi Watershed Management District, the creation of large volumed stormwater facilities is required in order to adequately provide drainage services for the to-be developed parcels. These facilities will generally rest to the east of the proposed housing and commercial development footprint and will be integrated with pedestrian and way-finding improvements to improve the beautification of these parcels in general. When the project is completed, Opportunity Site – Phase #1 will occupy approximately 20% of the value of the to- be-built stormwater retention facility, with the other approximately 80% coming from to-be- developed Opportunity Site Phases. The proposed development will also require an outlot, Outlot A, to be established, constructed, and maintained by the Development Sponsors and affiliated entities. This outlot, that will be approximately 5.02 acres in size, will encompass the interior site circulation for vehicles, pedestrians, and bicyclists, as well as any other shared multi-modal experiences, and will also serve to construct shared parking facilities for guests and residents alike in the form of on-street parking. Beneath these various transit ways will also be various utilities including stormwater, sewer, electricity, and fiber utilities. Various easements will need to be established in order to appropriately integrate these spaces into the larger community and ensure that adequate maintenance is completed at all times. While Opportunity Site – Phase #1 contemplates the progressive components of a transit oriented development site (“TOD”), it is also crucially important to consider current transit and vehicular considerations. Below is a brief parking analysis based on the estimated residential use rates and the contemplated demand for the commercial and retail spaces. On the whole, the proposed development has a slight surplus of parking which will be available in the event of significant need for overflow parking: Stormwater: The proposed Opportunity Site – Phase #1 stormwater management systems will consist of man-made infrastructure collecting and routing stormwater volumes into a to-be-constructed regional stormwater park that will be located on the east side of the proposed development (as seen below and in attached slides). This regional stormwater park will be handling rate control and water quality, among other things, in order to meet the stated criteria of both the City of Brooklyn Center and Shingle Creek and West Mississippi Watershed District. The to-be- constructed regional system, that will be a part of the infrastructure development for this master project, will also handle future stormwater management needs as the remainder of the Opportunity Site continues to be redeveloped from its existing uses. Stormwater plans are attached for each site as a whole with appropriate calculations for integration into the larger regional stormwater system this is being created. Phased Plan & Housing Plan: As the Opportunity Site – Phase #1 is currently considered, it would consist of six phases (A, B, C, D, E and F), with the first phase to commence being larger than the second through sixth phases. The first phase, A, would consist of Alatus – Multifamily Housing 1 (Site 1), Entrepreneur Market (Site 1), and RFWM – Event Center (Site 2), and a significant component of the site’s infrastructure components, as previously discussed. The first phase of development: Opportunity Site – Phase #1A will consist of: 278 market-rate rental units – Alatus Multifamily Housing 1 (Site 1) with 395 structured parking stalls (1.42 parking stall/unit ratio) This will consist of studios, alcoves, 1 BDR, 2 BDR, 3 BDR, and 4 BDR units, some furnished and with co-living amenities and lease structures for more affordable, urban living options 20,012 sqft – Entrepreneur Marketplace (“EMP”) (part of Site 1)– Owned by the City of Brooklyn Center (discussed further in the Commercial & Retail Plan section) 26,478 sqft – RFWM – Event Center & Social Care Facility (Site 2) (discussed further in the Commercial & Retail Plan section) It is anticipated that the first phase (A) development component will encompass approximately 50% of the total development activities and costs that will take place. It should be noted that Phases #1A, Phase #1B, and Phase #1C will consist of a blend of rental housing opportunities for a diverse spectrum of community members, much of the infrastructure for the development, and also will incorporate public spaces for inclusive business organization and growth training, as facilitated by the City of Brooklyn Center’s EMP. The second phase of development: Opportunity Site – Phase #1B will consist of: o 60 Low Income Housing Tax Credit (“LIHTC”) units – PPL & RFWM – Family Housing (Site 4) This will consist of studios, alcoves, 1 BDR, 2 BDR, 3 BDR, and 4 BDR units; 75% of the total units will be greater than or equal to 2 BDR units 16 units at 30% AMI (27% of units) 44 units at 50% AMI (73% of units) In this second phase, all of the rental housing developed, will be affordable to those at or below 50% AMI and with generally unit types greater than or equal to 2 BDRs. The third phase of development: Opportunity Site – Phase #1C will consist of: 205 mixed-income rental units – Alatus Multifamily Housing 2 (Site 3) with 290 structured parking stalls (1.41 parking stall/unit ratio) This will consist of studios, alcoves, 1 BDR, 2 BDR, 3 BDR, and 4 BDR units, some furnished and with co-living amenities and lease structures for more affordable, urban living options 41 units at 60% area median income (“AMI”) (20% of units) 41 units at 80% AMI (20% of units) Note that 40% of the housing in this phase will be at or below 80%. It is anticipated that from commencement of Phase #1A to the completion of Phase #1C will take approximately 3 years. The fourth phase of development: Opportunity Site – Phase #1D will consist of: o 70 LIHTC rental units – PPL & RFWM – Family & Workforce Housing (Site 5) This will consist of studios, alcoves, 1 BDR, 2 BDR, 3 BDR, and 4 BDR units; 50% of the total units will be greater than or equal to 2 BDR units 19 units at 30% AMI (27% of units) 51 units at 50% AMI (73% of units) In this fourth phase, once again, all of the rental housing developed, will be affordable to those at or below 50% AMI and with generally unit types greater than or equal to 2 BDRs. The fifth phase and sixth phase of development: Opportunity Site – Phases 1E and 1F will consist of another 130 LIHTC rental units with details to be decided at a later date. In summary, the first six (A – F) phases of the Opportunity Site – Phase #1 will consist of: 743 multifamily housing rental units 342 multifamily housing rental units which will have a designated affordability at or below 80% AMI or 56% of the total proposed multifamily housing development for the Opportunity Site – Phase #1 260 of those 342 multifamily housing rental units will have a designated affordability at or below 50% AMI or 42% of the total proposed multifamily housing development for the Opportunity Site – Phase #1 20,012 sqft – Entrepreneur Market – Owned by the City of Brooklyn Center (discussed further in the Commercial & Retail plan section) 26,478 sqft – RFWM – Event Center & Social Care Facility (discussed further in the Commercial & Retail plan section) Various public infrastructure facilities, plazas, pavilions, walking trails and spaces, and integration with existing transit infrastructure Every phase will include components beneficial to the community – the total monetary value of those community benefits equates to approximately $22.6 million. Commercial & Retail Plan: The Opportunity Site – Phase #1 has been carefully crafted and through a diverse set of engagement efforts throughout the Brooklyn Center community, a thoughtful and impactful preliminary retail and commercial plan has been included for the proposed development. It will consist of two major offerings: RFWM Event Center & Social Care Facility – the Opportunity Site – Phase #1A will contain a full service, locally owned, Event Center that will exist to host events and services within the community. o The vison for the RFWM Event Center & Social Care Facility Center is to, “[. . .] exceed the expectations of our clients and diverse community by giving them a beautiful Culturally Based Gathering experience as well as Event Space for all their types of Special Events. In order to achieve our vision we will have the required coordination and planning expertise for all types of events, with professional and competent staff that will help make the events of our clients a memorable one.” o Furthermore, the RFWM Event Center & Social Care Facility has been established with a Campus Style Development, encompassing the following features: Affordable Housing – sponsored by RFWM, PPL, and Alatus Event Center – The Gathering Place 24-Hour Child Care Facility Barber / Beautification Suites Therapy & Counseling Offices (Serving All Mental Health Clients) o A brief overview of the businesses residing within the RFWM Event Center and Social Care Facility are as follows: The Gathering Place The Gathering Place is an event center that offers unique and personalized services to all our clients, domestic and corporate. Our event hours of operation are from 7am to 1am. Our non-event staff work hours are from 7am to 5pm Monday through Friday. We will have a max of 7 employees during our office hours and require one parking space for each employee. As for catering and various event services, street parking will be available, and the designated Event Center staff spots will be available outside of working hours. Faith Academy (24-Hour Childcare Center) Faith Academy is a 24-hour childcare facility and will be open Monday through Saturday. The center will have a max of 7 staff within the 24-hour time frame, with seven spots designated to those staff during working hours. In addition, we will have three spots designated for parent pickup and drop-off. Lewis Family Wellness and Barber Suites Lewis Family Wellness, a therapy office, will have operating hours from 8am to 8pm. Our Barber Suites will have working hours from 6am to 6pm. Both businesses will have available street parking that surrounds the building. o The outcomes of the RFWM Event Center & Social Care Facility are as such: To gather a diverse community together in a safe and pleasurable environment. To unify a diversified community with services and entertainment. To meet the affordable housing needs of the Brooklyn Center community. To provide an affordable and excellent 24-hour child care facility for the Brooklyn Center community. To provide affordable services in the campus style community development. Brooklyn Center Entrepreneurship Market Strategy –– Entrepreneur Market Plaza o Acer Inc. and NEOO Partners Inc. have completed a significant amount of strategic diligence, engagement and review in crafting a business plan for the proposed Entrepreneur Market Plaza. o Entrepreneur Market Plaza (“EMP”) Space Description: “The Entrepreneur Market Plaza space is a community-led vibrant global marketplace that provides an immersive experience for communities to discover and support BIPOC business in the community. We create different economic opportunities for entrepreneurs to seed their businesses in a thriving environment that is progressive and sustainable. Our mission is to provide local BIPOC businesses the opportunity to create a cultural experience that is innovative, supportive, and inclusive to the communities. Our Entrepreneur Market Plaza marketplace is located at the intersection of Hwy 10 & Shingle Creek in Brooklyn Center.” – pg. #8 – City of Brooklyn Center Entrepreneur Market Project o Three significant take-aways from the City of Brooklyn Center EMP document which was completed on May 31st, 2021 – pg. #5 – 6 of reference document: “By investing in small minority-owned businesses and entrepreneurs, the Entrepreneurship Market Plaza could positively impact job creation for BIPOC residents.” “There is a robust innovation and small business support ecosystem in the region that could support the Entrepreneurship Market Plaza.” “A general incubator format that provides a variety of services ranging from ideation to intensive incubation is the best approach for Brooklyn Center businesses.” o The Development Sponsors, as well as NEOO Partners, Acer Inc. and Design by Melo are still pursuing the proper and final execution of this building and its business plan and there will be forthcoming engagement with stakeholders to bring this business plan to fruition. Green Sustainability Plan: Integration of District & Regional Stormwater Systems – Opportunity Site – Phase #1 will feature a fully integrated sustainable stormwater system tied into the greater Shingle Creek & West Mississippi Watershed Management District using both natural resources and man-made infrastructure to facilitate stormwater management and stormwater runoff. The site, once demolished and redeveloped, will be a dramatic improvement in overall permeability. Sustainable HVAC Systems – Each residential building in the proposed development will feature a fully centralized heating and cooling system known as a variable refrigerant flow (“VRF”) heat pump system. VRF systems balance heating and cooling needs throughout the building, versus a residential unit-only system – this results in an approximately 30% reduction in electricity consumption, minimal natural gas consumption, and an overall reduction in resident utility billings for a given period by about 30%. Exploring Integration of Geothermal Heating Sources – In addition to a centralized VRF heating and cooling system, the Development Sponsors will be exploring the possibility of geothermal water sourced heating and cooling that would be used to provide the input to the heating and cooling systems – this would virtually reduce the consumption of all natural gases and fossil fuels to an extremely small amount, if any, when paired with other sustainable building systems that are proposed Installation of Rooftop Solar Array Systems – all residential and commercial buildings with feasible rooftop surface areas will install commercial rooftop solar arrays for on-site electricity generation. For the multi-family residential buildings, most rooftop solar array installations will power approximately 50% of the electricity consumed on-site. Installation of Wireless Home Monitoring Systems for Residents – the installation of wireless thermostats and in-unit home monitoring systems will further reduce power consumption in units and allow for residents to balance their heating and cooling needs more appropriately when at, and away from, home. Installation of Real Time Energy Monitoring Systems – Reduce Power Usage & Water Usage – a majority of the residential multifamily units will have real time energy consumption monitoring happening on-site which will reduce spikes in electricity consumption and inform decisions regarding on-site potable water use as well as recognize if any water is being lost through leaks in municipal water utility systems Integration of Transit & Shared Multi-Modal Systems – the location of the Opportunity Site – Phase #1 and its adjacency to a major retail center with grocer and retail offerings allows residents of the proposed development to conveniently eliminate many last-mile trips with the help of shared multi-modal offerings on-site and other shared offerings. The Development Sponsors will be actively working to integrate autonomous circulator vehicles to allow for easy to-and-from to Shingle Creek Crossings free of charge. Additionally, a majority of the structured parking stalls in all multifamily residential buildings will have or be readied for electric vehicle charging. Planned Social Impact / Social Benefits Plan & Community Benefits Agreement: The Development Sponsors, the City of Brooklyn Center, and other stakeholders assisting with the Opportunity Site – Phase #1 have engaged in extensive community discussions and have especially focused on speaking with segments of the community that are often left under-represented in large community real estate development discussions. As a result of the thorough processes and procedures that were utilized, the development plan and proposal has seen significant advances and improvements consisting of a more diverse and representative development sponsor team, re-orientation of the proposed housing units and EMP, and additional event, health, and wellness offerings for the entire community of Brooklyn Center and the residents of this community. Please see the attached enclosure labeled “Community Benefits Schedule”, in addition to the materials submitted in the applicants PUD application, which outline the additional various community benefit components of the master plan that are planned. Additionally, the submission of these materials for the project Land Use Application materials will kickoff a process with the Citizen Advisory Task force, culminating in the agreement of development components for this proposed master development that will be memorialized in a development agreement or similar document that will live with the project. For further engagement efforts and discussion, please refer to the enclosed “Pilot Opportunity Site Engagement Report” that was completed in the first quarter of 2022. Plans for Parks & Greenspace: We recognize that what will set this place apart and make it a place unique to Brooklyn Center are the public spaces that weave everything together. This is true at a broader scale as the larger overall redevelopment becomes a regional center for living, working, and playing and it’s true all the way down to a hyper local scale in the spaces we create within the first phase of development. At the edge of our site are 2 unique larger parks with varied emphases on stormwater and/or recreation and play while within our site there are numerous opportunities to create moments within the landscape, places to stop and rest and interact with the outdoors. Three Rivers Park District: Just north of this Opportunity Site Phase #1 will be a 3.5 acre park owned and managed by the Three Rivers Park District. With over 27,000 acres under it’s control in the Twin Cities Metro, this organization’s mission is to promote environmental stewardship through recreation and education in a natural resources-based park system. Since 1957, this organization has provided places for communities to be active and provides wonderful programs to promote interaction and learning about our natural surroundings. This will be one of Three Rivers Park Districts first investments into Brooklyn Center as well as one of their first investments into a first ring metropolitan suburb. Our belief is that each of these interactive, outdoor spaces are unique opportunities to help people stop and connect with each other and with their surroundings and that no detail is not worthy of this task. It’s these moments and the materials that create the unique spaces that will make important places while this part of the world is transformed into its next important version of itself. Public & Private Financing: The Development Sponsors have been working hand-in-hand with local agencies, private lenders, construction companies, architects, engineers, and other real estate stakeholders to developing a preliminary project financing model and proforma encompassing all of the items enumerated above. Here is a brief roll-up that can be discussed in more detail as the project progresses through the necessary approvals. It should be noted that due to the current inflationary environment, partnered with tremendous volatility in financial markets, we expect these values to change but this is our reasonable estimate of project costs and subsidy at this time. The Development Sponsors, as well as the additional stakeholders, and all affiliated parties are looking forward to kicking off the formal entitlement process, further engaging in efforts to make the EMP a tangible asset for the City of Brooklyn Center, and ultimately providing a spectrum of residential and commercial development that is inclusive and accessible for a wide range of people from various walks of life. Lastly, we appreciate the City of Brooklyn Center’s reconsideration of this application and we have also enclosed a memo from BKV Group addressing each of the previously transmitted comments related to the incomplete application filed on May 10 th, 2022. Sincerely, Chris Osmundson Director of Development – Alatus LLC (C): 612.201.8487 cbosmundson@alatusllc.com Enclosures: Community Benefits Schedule BKV Group – City Staff Memo Response Community Comment Integration Diagrams “Brooklyn Center Entreneurship Market Strategy –Opportunity Site –Phase I” – completed by NEOO Partners and Acer Inc. “Pilot Opportunity Site Engagement Report” – completed by NEOO Partners                           & $  '     %   #    "     $     ! "  $ "    $      #              <       <         , . 1 5   , 5 (   3 1 * 3 $ /   0 & . 6 ' ( 4  • 0 5 3 ( 2 3 ( 0 ( 6 3   $ 3 - ( 5   . $ ; $ • . ( 9   5 3 ( ( 5 • 5 1 3 / 8 $ 5 ( 3   $ 3 - • + 3 ( (   , 7 ( 3 4   $ 3 - •  "    7 ( 0 5   ( 0 5 ( 3 • 3 $ , .     , ' ( 8 $ . -   1 0 0 ( & 5 , 1 0 4  5 1 (9 , 4 5 , 0 *  & 1 / / 6 0 , 5 :  $ 4 4 ( 5 4  2 2 1 3 5 6 0 , 5 :   , 5 (   $ 4 5 ( 3   . $ 0                           & $  '     %   #    "     $     ! 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( 7  5($  ' ( ) , 1 ( '  % <  3 $ 9 , 1 *  1'  6 7 5 ( ( 7  ) 8 5 1 , 6 + , 1 * 6 (9 ( 1 7  & ( 1 7 ( 5  3 / $ = $ 5( * , 2 1 $ /  7 5 $ , / 32 1 ' 38 % / , &  7 5 $ , / 1$ 7 , 9 (  3 5 $ , 5 , ( 6( ( ' , 1 * 6( (  /    5 : ) 0  ( 9 ( 1 7  & ( 1 7 ( 5  )2 5  / $ 1 ' 6 & $ 3 (  3 / $ 1 RF W M - EV E N T CE N T E R (S I T E 2 ) 6( 7 % $ & .        6(7%$&.   .   % , . (  3 $ 7 +    3 ( ' ( 6 7 5 , $ 1  7 5 $ , /    6 7 $ / / 6 0$ , 1  % 8 , / ' , 1 *  ( 1 7 5 < STO /,1 ( 3523(57</,1( 3523(57</,1( 3523(57</,1( 3523(57</,1( 6( 7 % $ & .               6( 7 % $ & .        87 , / , 7 <  ( $ 6 ( 0 ( 1 7 $6( 0 ( 1 7 3/$ = $ /,1 ( 3523(57</,1( 3523(57</,1( 3523(57</,1( 3523(57</,1( :$ 7 ( 5  ) ( $ 7 8 5 ( OU T D O O R PL A Y (9 ( 1 7  ' 5 2 3  2 ) )    9 $ / ( 7 PU B L I C P A R K W A Y PU B L I C P A R K W A Y LTI F A M I L Y NG 1 1A ) IT Y P L A Z A OU T D O O R F I T N E S S PO O L AM E N I T Y D E C K 12 , 0 0 0 S F DE S I G N S U B J E C T T O C H A N G E PE R G O L A PATIOS ENT LO A D I N G LANDSCAPE        7 < 3          $ , 6 / (  7 < 3                  LE V E L 3 A M E N I T Y P L A Z A PE RGOLA PE RGOL PO O L PA T I O S , T Y P . AM E N I T Y D E S I G N S U B J E C T T O C H A N G E LE V E L 2 C O U R T Y A R D AP P R O X I M A T E FU T U R E P R O P E R T Y LI N E L O C A T I O N FU T U R E D E V E L O P M E N T AM E N I T Y D E S I G N S U B J E C T T O C H A N G E LE V E L 2 C O U R T Y A R D 87 , / , 7 <  ( $ 6 ( 0 ( 1 7 87 , / , 7 <  ( $ 6 ( 0 ( 1 7 35 2 3 ( 5 7 <  / , 1 ( AL A T U S - M U L T I F A M I L Y H O U S I N G 1 - P A R K I N G S C H E D U L E T\pe L e Yel C Run t AL A T U S - M U L T I F A M I L Y 1 - A C C E S S I B L E L E V E L 1 8 AL A T U S - M U L T I F A M I L Y 1 - C O M P A C T L E V E L 1 2 8 AL A T U S - M U L T I F A M I L Y 1 - S T A N D A R D L E V E L 1 1 0 4 LE V E L 1  1 4 0 AL A T U S - M U L T I F A M I L Y 1 - C O M P A C T L E V E L 1 . 5 3 5 AL A T U S - M U L T I F A M I L Y 1 - S T A N D A R D L E V E L 1 . 5 1 2 1 LE V E L 1 . 5  1 5 6 AL A T U S - M U L T I F A M I L Y 1 - C O M P A C T L E V E L 2 2 2 AL A T U S - M U L T I F A M I L Y 1 - S T A N D A R D L E V E L 2 7 7 LE V E L 2  9 9 Gr a n G t Rta l  3 9 5 AL A T U S - M U L T I F A M I L Y H O U S I N G 1 - P A R K I N G S C H E D U L E T\pe L e Yel C Run t AL A T U S - M U L T I F A M I L Y 1 - A C C E S S I B L E L E V E L 1 8 AL A T U S - M U L T I F A M I L Y 1 - C O M P A C T L E V E L 1 2 8 AL A T U S - M U L T I F A M I L Y 1 - S T A N D A R D L E V E L 1 1 0 4 LE V E L 1  1 4 0 AL A T U S - M U L T I F A M I L Y 1 - C O M P A C T L E V E L 1 . 5 3 5 AL A T U S - M U L T I F A M I L Y 1 - S T A N D A R D L E V E L 1 . 5 1 2 1 LE V E L 1 . 5  1 5 6 AL A T U S - M U L T I F A M I L Y 1 - C O M P A C T L E V E L 2 2 2 AL A T U S - M U L T I F A M I L Y 1 - S T A N D A R D L E V E L 2 7 7 LE V E L 2  9 9 Gr a n G t Rta l  3 9 5 285 7 < $ 5 ' 35 , 9 $ 7 (  $ 0 ( 1 , 7 <  &2 8 5 7 < $ 5 ' 67 $ , 5  & 2 1 1 ( & 7 , 2 1  7 2  $ 0 ( 1 , 7 <  ' ( & . LTI F A M I L Y NG 1 1A ) IT Y P L A Z A OU T D O O R F I T N E S S PO O L AM E N I T Y D E C K 12 , 0 0 0 S F DE S I G N S U B J E C T T O C H A N G E PE R G O L A PATIOS    6 ) 75 $ 6 + 12 RE S I D E N T LO A D I N G 1R W  ( Q F O R V H G 3$ 5 . , 1 * 3$ 5 . , 1 *  * $ 5 $ * (     12 12 12 12 12 16 PO O L AB O V E LI N E O F B U I L D I N G A B O V E 12 17    6 ) $/ & 2 9 (    6 ) $/ & 2 9 (    6 ) $/ & 2 9 (    6 ) $/ & 2 9 (    6 ) 67 8 ' , 2 PO O L    6 ) $/ & 2 9 ( AM E N I T Y D E C K 12 , 0 0 0 S F DE S I G N S U B J E C T T O C H A N G E PE R G O L A PATIOS     6 ) %     6 ) %    6 ) $    6 ) $    6 ) $/ & 2 9 (    6 ) $/ & 2 9 (    6 ) 67 8 ' , 2    6 ) $    6 ) $    6 ) 67 8 ' , 2    6 ) $/ & 2 9 (    6 ) $/ & 2 9 (    6 ) $/ & 2 9 (    6 ) $/ & 2 9 (    6 ) 67 8 ' , 2    6 ) $/ & 2 9 (     6 ) $    6 ) $    6 ) $    6 ) $/ & 2 9 (    6 ) $/ & 2 9 (    6 ) 67 8 ' , 2    6 ) $    6 ) $    6 ) 67 8 ' , 2     6 ) %    6 ) $/ & 2 9 (    6 ) $/ & 2 9 (    6 ) $/ & 2 9 (    6 ) $/ & 2 9 (    6 ) 67 8 ' , 2    6 ) $/ & 2 9 (     6 ) $    6 ) $    6 ) $    6 ) $/ & 2 9 (    6 ) $/ & 2 9 (    6 ) 67 8 ' , 2    6 ) $    6 ) $    6 ) 67 8 ' , 2    6 ) $/ & 2 9 (    6 ) $/ & 2 9 (    6 ) $/ & 2 9 (    6 ) $/ & 2 9 (    6 ) 67 8 ' , 2    6 ) $/ & 2 9 (     6 ) %    6 ) $    6 ) $    6 ) $/ & 2 9 (    6 ) $/ & 2 9 (    6 ) 67 8 ' , 2    6 ) $    6 ) $    6 ) 67 8 ' , 2     6 ) %    6 ) $/ & 2 9 (    6 ) $/ & 2 9 (    6 ) $/ & 2 9 (    6 ) $/ & 2 9 (    6 ) 67 8 ' , 2    6 ) $/ & 2 9 (     6 ) % BA L C O N Y , T Y P .       )*+ ,            ""1 / ) -# 1" - - 2 %  ! " # $ % &  ' ( # ) * + ,       14 11 14 PH A S E I PP L & R F W M - FA M I L Y H O U S I N G (S I T E 4 ) PH A S E I EN T R E P R E N E U R MA R K E T (S I T E 1 B ) 3523(57</,1( 3523(57</,1( 35 2 3 ( 5 7 <  / , 1 ( 35 2 3 ( 5 7 <  / , 1 ( 60 S T A L L S 10 4 S T A L L S PH A S E I EV E N T C E N T E R (S I T E 2 ) 3523(57</,1( 3523(57</,1( 3523(57</,1( 35 2 3 ( 5 7 <  / , 1 ( PU B L I C P A R K W A Y                                     W W ST M > ST M > ST M > SA N > > SA N > > >> >> >> > > > l l l l 3523(57</,1 3523(57</,1 3$ 5 . , 1 * ,1* ,1 *  ( 1 7 5 < ENT LO A D I N G LANDSCAPE        7 < 3          $ , 6 / (  7 < 3                      6 ) 7+( 5 , 1 *  6 3 $ & (     6 ) 2) ) , & ( ST A G E     6 ) ., 7 & + ( 1  7 5 $ 6 +  / 2 $ ' , 1 *    6 ) 0( & +    6 ) 5( 6 7 5 2 2 0 6 LANDSCAPE           6) *5((1506725$*( LO A D I N G / TR A S H                     7 < 3          $ , 6 / (  7 < 3                 7<3 $%    & $'  (   & $%    & 12!34 5" % / " # . ) 6) &  0 +.* AL A T U S - M U L T I F A M I L Y H O U S I N G 2 - P A T\pe AL A T U S - M U L T I F A M I L Y 2 - S T A N D A R D L E V E LE V E L 1  9 6 AL A T U S - M U L T I F A M I L Y 2 - S T A N D A R D L E V E L LE V E L 1 . 5  9 9 AL A T U S - M U L T I F A M I L Y 2 - S T A N D A R D L E V E LE V E L 2  9 9 Gr a n G t Rta l  2 9 4 AL A T U S - M U L T I F A M I L Y H O U S I N G 2 - P A T\pe AL A T U S - M U L T I F A M I L Y 2 - S T A N D A R D L E V E LE V E L 1  9 6 AL A T U S - M U L T I F A M I L Y 2 - S T A N D A R D L E V E L LE V E L 1 . 5  9 9 AL A T U S - M U L T I F A M I L Y 2 - S T A N D A R D L E V E LE V E L 2  9 9 Gr a n G t Rta l  2 9 4 3$ 5 . , 1 *  * $ 5 $ * (  ( 1 7 5 < LE V E L 3 A M E N I T Y P L A Z A PERGOLA PERGOL PO O L PA T I O S , T Y P . AM E N I T Y D E S I G N S U B J E C T T O C H A N G E    6$    6$    6 67 8 '    6 75 $ 6 +  / 2    6 75 $ 6 +  / 2    6 &, 5 & 8 / $      6 ) 3$ 5 . , 1 * +5 % S L O P E +5 % S L O P E -5% S L O P E -5% S L O P E 7% S L O P E 7% S L O P E 15 % S L O P E UP -6% S L O P EN T R A N C E 24 18 10 3$ 5 . , 1 *  * $ 5 $ * (     +5 % S L O P E +5 % S L O P E -5% S L O P E -5% S L O P E      6 ) 3$ 5 . , 1 *   6) 7% S L O P E 7% S L O P E 15 % S L O P E UP 24 18 13    6$    6$    6 67 8 '   6)      6 ) 3$ 5 . , 1 * /( 9 ( /  3    +5 % S L O P E +5 % S L O P E 7% S L O P E 7% S L O P E 15 % S L O P E    6$    6$ DO W N    $    $   67 8   6)    $    $    6 ) $    6 ) 67 8 ' , 2    6 ) 67 8 ' , 2    6 ) 67 8 ' , 2    6 ) 67 8 ' , 2    6 ) 67 8 ' , 2    6 ) 67 8 ' , 2    6 ) 67 8 ' , 2    6 ) 67 8 ' , 2     6 ) $0 ( 1 , 7 < LE V E L 3 A M E N I T Y P L A Z A PERGOLA PERGOLA PO O L AM E N I T Y D E S I G N S U B J E C T T O C H A N G E    $    $    67 8   6)    $    $    6 ) $    6 ) 67 8 ' , 2    6 ) 67 8 ' , 2    6 ) 67 8 ' , 2    6 ) 67 8 ' , 2    6 ) 67 8 ' , 2    6 ) 67 8 ' , 2    6 ) 67 8 ' , 2    6 ) 67 8 ' , 2    6 ) $    6 ) $    6 ) $    $    $   67 8    6)    $    $    6 ) $    6 ) 67 8 ' , 2    6 ) 67 8 ' , 2    6 ) 67 8 ' , 2    6 ) 67 8 ' , 2    6 ) 67 8 ' , 2    6 ) 67 8 ' , 2    6 ) 67 8 ' , 2    6 ) 67 8 ' , 2    6 ) $    6 ) $    6 ) $    $    $   67 8   6)    $    $    6 ) $    6 ) 67 8 ' , 2    6 ) 67 8 ' , 2    6 ) 67 8 ' , 2    6 ) 67 8 ' , 2    6 ) 67 8 ' , 2    6 ) 67 8 ' , 2    6 ) 67 8 ' , 2    6 ) 67 8 ' , 2    6 ) $    6 ) $    6 ) $      7* - = 20> . (' ) ' ( . $ '- - / 0 ( , 1 ! ' . 12 03 , 1 4 5 . +6 7 8 :' + * ( . '0 +            4+ , - ' @ -, 0 + 7* - = 20> . (' ) ' ( . $ 67 / # ! 8 '( ' ) * + , - . , ) ' - - / 0 (, 1 ! ' . 12 03 , 1 4 5 . +6 7 8 67 / # ! ( 8 11 14 11 43 S T A L L S 35 2 3523(57</,1( 3523(57</,1( 35 2 3 ( 5 7 <  / , 1 ( 35 2 3 ( 5 7 <  / , 1 ( 7</,1( 3523(57</,1( 3523(57</,1( 3523(57</,1( 35 2 3 ( 5 7 <  / , 1 ( PU B L I C P A R K W A Y W W ST M > ST M > ST M > SA N > > SA N > > >> >> >> > > > l l l l 3523(57</,1(3523(57</,1( LE V E L 2 C O U R T Y A R D AP P R O X I M A T E FU T U R E P R O P E R T Y LI N E L O C A T I O N FU T U R E D E V E L O P M E N T AM E N I T Y D E S I G N S U B J E C T T O C H A N G E UP PL A Z A      6 ) 3$ 5 . , 1 *    6 ) %, . (  / 2 8 1 * ( 7( 0 3 2 5 $ 5 <  : $ / /  ) 2 5  3+ $ 6 (  ,   , , AP P R O X I M A T E FU T U R E P R O P E R T Y LI N E L O C A T I O N FU T U R E D E V E L O P M E N T 9( 5 7 , & $ /  % , & < & / (  5 $ & .     % , . ( 6    6 ) /2 % % <   6 ) /( $ 6 , 1 * /           DN    6 ) &2  : 2 5 . , 1 *    6 ) /2 % % <     6 ) $     6 ) $     6 ) $  6 ) 78' , 2 3$ 7 , 2 6  $ 7  * 5 $ ' (   7 < 3  /2 % % <  ( 1 7 5 $ 1 & (  $ 1 '  2 8 7 :2 5 . , 1 *  6 3 $ & ( %, & < & / (  5 $ & . 6     % , . (    6 ) $0 ( 1 , 7 <    6 ) &2  : 2 5 . , 1 *    6 ) /2 % % < LE V E L 2 C O U R T Y A R D AP P R O X I M A T E FU T U R E P R O P E R T Y LI N E L O C A T I O N     6 ) $     6 ) $     6 ) $  6 ) 78' , 2     6 ) $    6 ) %     6 ) $ ). . 8 ,2 3 3 ( - - , - 5 2 / ) '( ) * ( + , - . / 0 3. 4 3 ) ( 5 ( , - 5 2 / ) 32 4 . < 9 ([KLELW% July 21, 2022 Alatus LLC Attn: Chris Osmundson, Director of Development IDS Center 80 South 8th Street, Suite 4155 Minneapolis, MN 55402 RE: City of Brooklyn Center, MN Planning Commission Application No. 2022-003 Requests for Approval of a Preliminary and Final Plat, Zoning Code Amendment, Re-zoning and PUD Establishment, and Site and Building Plans (4) Mr. Osmundson, Pursuant to Minnesota Statutes Section 15.99, the City of Brooklyn Center is required to approve or deny a written request for certain land use actions within sixty (60) days from receipt of an application. Community Development Department records indicate the City received the above- referenced application and complete documentation on June 14, 2022, which means the City’s 60-day time limit would expire on August 13, 2022. By allowances granted under Minnesota Statutes Section 15.99, Subd. 3(f), the City of Brooklyn Center is hereby providing official notice that the review period has been extended an additional sixty (60) days to allow the time necessary for review and consideration of the aforementioned application, and a public hearing to held, by City Council. The new deadline for completing the review and final action on this application is now October 12, 2022. A public hearing has been noticed and scheduled to go before the City of Brooklyn Center City Council on Monday, August 8, 2022. Representation from the Applicants (Alatus LLC, Project for Pride in Living, and Resurrecting Faith World Ministries) is requested should there be questions. If you have any questions or concerns, please feel free to contact me at (763) 569-3319 or by email at: gmcintosh@ci.brooklyn-center.mn.us. Sincerely, Ginny McIntosh City Planner and Zoning Administrator Do w n t o w n B r o o k l y Fr a m e w o r k P l a n Br o o k l y n C e n t e r , M N Dr a f t R e p o r t a s o f J u l y 6 , 2 0 2 1 Pr e p a r e d f o r : Ci t y o f B r o o k l y n C e n t e r Pr e p a r e d b y : Cu n i n g h a m G r o u p A r c h i t e c t u r e , I n c . Th e C i t y r e c o g n i z e s t h a t h i s t o r i c a l l y , d e pa t t e r n s h a v e r e s u l t e d i n d i s p a r a t e i m p la r l y o n c o m m u n i t i e s o f c o l o r . T h e s e d i s p re s u l t e d i n h a r m ; s u c h a s d i s p l a c e m e n t fr o m t h e b e n e Ƥ t s o f n e w i n v e s t m e n t . T h or s t o r e v e r s e t h e s e d i s p a r i t i e s a n d e n h a ou t c o m e s b y w o r k i n g t o w a r d s a m o r e r e me a n s o f a d v a n c i n g d e v e l o p m e n t In t r o d u c t i o n . . . . . . . . . . p a g e 3 Pu r p o s e o f t h e P l a n Co m m u n i t y V a l u e s Gu i d i n g P r i n c i p l e s Ov e r a l l V i s i o n Co n t e x t Or g a n i z a t i o n o f t h e S i t e Fo u r F r a m e w o r k s . . . . . p a g e 8 La n d U s e Op e n S p a c e St o r m w a t e r Ac c e s s a n d C o n n e c t i o n Ta b l e o f C o n t e n t s 1. I n t r o d u c t i o n Cit y o f t h e F u t u r e . ver s i t y f r o m a r o u n d t h e w o r l d . T h e l a r g e h w i l l b e f u t u r e l e a d e r s i n t h e y e a r s t o tre n g t h s f r o m i t s p a s t . 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F o r a n e w p l a c e t h a t s t r i v e s t o m e e t t h e n e e d s ds v a l u e t o t h e c o m m u n i t y , a n d b e c o m e s F o r t h e p e o p l e , t h i s m e a n s c r e a t i n g add r e s s e s p a s t p r o b l e m s a n d p r o v i d e s an d b e n e Ƥ t t o e x i s t i n g r e s i d e n t s o f t h e up o s e o t s a Th i s d o c u m e n t s e t s c l e a r h i g h l e v e l d i r e c t i o fo r r e d e v e l o p m e n t a n d h o w t h e p h y s i c a l s t ch a n g e i n o r d e r t o e n a b l e t h i s c h a n g e . T h i s F r a m e w o r k P l a n h a s t w o s e c t i o n s : 1. B a c k g r o u n d a n d V i s i o n f o r R e d e v e l o p m e 2. F o u r F r a m e w o r k s Th i s d o c u m e n t i s n o t a f u l l M a s t e r P l a n . A d th i s d o c u m e n t s e t s t h e d i r e c t i o n f o r a f u l l y it a l l o w s C i t y S t a ơ a n d o ƥ c i a l s t o h a v e d i s c pr o p e r t y o w n e r s w h i l e a f u l l M a s t e r P l a n i s Oe a s o o a e Br o o k l y n C e n t e r Do w n t o w n B r o o k l y n C e n t e r . . . • W i l l b e a p l a c e t h a t r e p r e s e n t s al l o f w h a be c o m e . • Pe o p l e w i l l c h o o s e t o i n v e s t t h e i r t i m e a Br o o k l y n C e n t e r a s m u c h f o r wh a t i t i s a • I t w i l l c o n t a i n a m i x o f u s e s t h a t a p p e a l t re s i d e n t s , e n t r e p r e n e u r s , a n d v i s i t o r s o f • I t w i l l h a v e a s i g n i Ƥ c a n t a m o u n t o f n e w ho u s i n g t h a t h e l p s d i v e r s i f y t h e C i t y ’ s h o re s i d e n t s to s t a y i n B r o o k l y n C e n t e r a n d re s i d e n t s . • I t w i l l b e a p l a c e t h a t nu r t u r e s l o c a l b u s i n ne w b u s i n e s s e s t h a t a p p e a l l o c a l l y a n d r • I t w i l l g e n e r a t e v a l u e t o t h e C i t y b y l e v e r - p r o x i m i t y t o t h e p a r k a n d c i v i c b u i l d i n g it ’ s p e o p l e , a n d a c c e s s t o t h e r e g i o n . a u e s he P l a n Gu d g c p e s esp o n s i b i l i t y y a n d i n c l u s i v i t y tybil i t y and W e l l n e s s ty P r i d e men t a l S u s t a i n a b i l i t y neƤ t act i n g D i s p l a c e m e n t Fo u r g u i d i n g p r i n c i p l e s e m e r g e d f r o m t h e c o m - mu n i t y w o r k s h o p s t h a t r e i n f o r c e a s e n s e o f co m m u n i t y p r i d e i n B r o o k l y n C e n t e r yg ed e nal Ne i g h b o r h o o d s Th e a r e a w a s d e v e l o p e d i n t h e 19 6 0 ’ s w h e n l a n d u s e s w e r e st r i c t l y s e p a r a t e d . A s a r e s u l t , th e s i t e i s s e p a r a t e d f r o m ne i g h b o r h o o d b y l a r g e p a r k s a n d hi g h w a y s . nte r i n t h e R e g i o n T h e O p p o r t u n i t y S i t e i n B r o o k l y n C e n t e r Hi g h w a y s Th e O p p o r t u n i t y S i t e i s l o c a t e d al o n g m a j o r f r e e w a y s a n d hi g h w a y s . I t i s e a s i l y a c c e s s i b l e fr o m t h r o u g h o u t t h e r e g i o n . T h i s Pl a n r e c o m m e n d s a c o m b i n a t i o n of l o c a l a n d r e g i o n a l a t t r a c t i o n s th a t b e n e Ƥ t f r o m t h e S i t e s lo c a t i o n a n d a c c e s s . Tr a i l s Th e S i t e i s l o c a t e d a t t h e j u n c t i o n of t w o r e g i o n a l t r a i l s w h i c h co n n e c t t o t h e M i s s i s s i p p i R i v e r to t h e e a s t , a n d l a r g e p a r k s a n d la k e s t o t h e w e s t n o r t h a n d s o u t h . Th e P l a n r e c o m m e n d s l e v e r a g i n g th e s e a s s e t s a n d r o u t i n g t h e t r a i l th r o u g h t h e S i t e . Tr a n s i t Me t r o T r a n s i t r e c e n t l y o p e n e d t h e C a n d D B u s R a p i d T r a n s i t ( B R T ) Li n e s - b o t h w h i c h t e r m i n a t e a t a c h a r g i n g a n d l a y o v e r s t a t i o n ad j a c e n t t o t h e O p p o r t u n i t y S i t e . Th i s P l a n r e c o m m e n d s r e l o c a t i n g th e s t a t i o n i n t h e O p p o r t u n i t y S i t e an d m a k i n g i t p a r t o f a m o b i l i t y hu b t h a t s e r v e s t h e a r e a . Lo c a Th e S se r v i Re d e wi l l r in f r a s be r e d Pr o p e r t i e s in th e te Th e O p p o r t u n i t y S i t e i s a p p r o x i m a t e l y 1 0 0 a c r e s . Ap p r o x i m a t e l y 4 0 % ( s h o w n i n r e d ) o f i t i s p u b l i c l y ow n e d . 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Co n c e p t s th a t Or g a n i z e T h e S i t e Tr a exp 1 Co co 3 A s ne 2 Lo c to 4 Earle Brown Ea r l e B r o w n Conference Co n f e r e n c e Center Ce n t e r Earle Brown Ea r l e B r o w n Elementary El e m e n t a r y School Sc h o o l Brooklyn Bro o k l y n Center City ent e r C i t y Hall Ha l l Summit Drive Su m m i t D r i v e Centennial Parkk County nty Building / ing / Library ary Fo u r F r a m e w o r k s TO M O R R O W Op e n S p a c e St o r m w a t e r Tr a n s p o r t a t i o n fo r m e r r e t a i l d i s t r i c t t h a t i s c o l l e c t i o n o f u s e s t h a t d o n ’ t mea n i n g f u l w a y . M u c h o f t h e use d dja c e n t t o r e g i o n a l t r a i l s , a s ho w e v e r t h e r e a r e n o p a r k s nne c t i o n s t o r e g i o n a l t r a i l ite lmo s t c o m p l e t e l y s a n d p a r k i n g nee d e d t o e n s u r e h l o c a l , r e g i o n a l , a n d asy t o g e t t o d u e t o i t s s t r o n g it l a c k s a n i n t e r n a l s t r e e t ect i o n s , a n d b i k e f a c i l i t i e s t o nt. Do w n t o w n B r o o k l y n C e n t e r w i l l f e a t u r e b u i l d i n g a n d de v e l o p m e n t p a t t e r n s t h a t a r e m i x e d , s u s t a i n a b l e , a n d co n n e c t i v e - c r e a t i n g n o d e s o f m i x e d u s e a c t i v i t y a n d ne i g h b o r h o o d s f o r p e o p l e t o l i v e a n d e n j o y a t a n y s t a g e of l i f e . Do w n t o w n B r o o k l y n C e n t e r w i l l f e a t u r e s y s t e m o f op e n s p a c e s , s t r e e t s , t r a i l s a n d p e d e s t r i a n a r e a s t h a t pr o m o t e s h e a l t h y l i v i n g , g a t h e r i n g , s o c i a l g a t h e r i n g , an d e n v i r o n m e n t a l r e s p o n s i b i l i t y . A g r e e n a n d a c t i v e s t o r m w a t e r s y s t e m t h a t pr o v i d e s h e a l t h , a n d e n v i r o n m e n t a l b e n e Ƥ t s to a l l Do w n t o w n B r o o k l y n C e n t e r w i l l h a v e a t r a n s p o r t a t i o n sy s t e m t h a t e n c o u r a g e s w a l k i n g a n d b i k i n g , i s w e l l co n n e c t e d t o t h e r e g i o n a n d r e d u c e s t h e n e e d t o o w n a c a r b y p r o v i d i n g s a f e , a ơ o r d a b l e , c o n v e n i e n t a n d ac c e s s i b l e o p t i o n s . ong a n d i n t e r w o v e n es, l a n d u s e p o l i c i e s ctl y t o s e g r e g a t e tar g e t i n g B I P O C a n d tie s . . f i n e q u i t y , t h e re F r a m e w o r k ng o f c o m p l e m e n t a r y rt u n i t y S i t e , w i t h i n , t h u s r e d u c i n g a c c e s s s f o r h o u s i n g , g o o d s & n, a n d p h y s i c a l a c t i v i t y . pre s s e d c o m m u n i t y whi l e p r e s e n t i n g pro g r a m s ( w i t h i n t). rg e r s t o c k o f h o u s i n g of s c a l e s a n d p r i c e nte r – b o t h a ơ o r d a b l e ng n e e d s t h e c i t y ng m i x e d i n c o m e des t i n a t i o n s f o r t h e ar e r e ƪ e c t i v e o f t h e ity t h a t m a k e s t h e c i t y at a ơ o r d a b l e p r i c e tio n a n d g r o w t h , w h i l e epr e n e u r s w i t h m o r e Pa r k s & O p e n S p a c e Pa r k s a n d o p e n s p a c e s t h r o u g h o u t t h e O p p o r t u n i t y Si t e w i l l p r i o r i t i z e c o n n e c t i n g a l l p e o p l e w i t h h i g h - qu a l i t y p a r k s a n d p u b l i c s p a c e s t h a t a r e d e s i g n e d i n a ma n n e r t h a t i s r e ƪ e c t i v e o f t h e r i c h c u l t u r a l d i v e r s i t y in B r o o k l y n C e n t e r a n d w e l c o m i n g t o a l l p e o p l e . Th e O p p o r t u n i t y S i t e I n f r a s t r u c t u r e F r a m e w o r k pr o m o t e s P a r k & O p e n S p a c e e q u i t y b y : • P r o v i d i n g a c c e s s i b l e , f r e e , q u a l i t y g r e e n a n d o p e n sp a c e s t h a t o ơ e r a c t i v e a n d p a s s i v e r e c r e a t i o n , a s we l l a s c o m m u n i t y g a t h e r i n g s p a c e s , f o r a l l a g e s an d a b i l i t i e s . • P r o m o t i n g h e a l t h b e n e Ƥ t s f o r r e s i d e n t s i n c l u d i n g op p o r t u n i t i e s f o r p h y s i c a l a c t i v i t y , s t r e s s re d u c t i o n , a n d s o c i a l c o n n e c t i o n s . •O ơ e r i n g a m e n i t i e s t h a t a r e d e s i g n e d t o r e ƪ e c t th e c u l t u r a l d i v e r s i t y o f B r o o k l y n C e n t e r , co m m u n i c a t i n g t h a t a l l a r e a w e l c o m e t o u s e t h e pa r k a n d o p e n s p a c e n e t w o r k . • P r i o r i t i z i n g e n v i r o n m e n t a l j u s t i c e t h r o u g h re s t o r a t i o n o f n a t u r a l s p a c e s f o r c o m m u n i t i e s th a t h a v e h i s t o r i c a l l y s h o u l d e r e d t h e b r u n t o f en v i r o n m e n t a l d e g r a d a t i o n . • P r e s e n t i n g t h e C i t y a t o o l i n w h i c h t o f u r t h e r de v e l o p m u l t i - j u r i s d i c t i o n a l p a r t n e r s h i p s a r o u n d eq u i t y p r o m o t i o n i n p a r k a n d o p e n s p a c e d e s i g n an d m a n a g e m e n t . qy St o r m w a t e r BI P O C a n d l o w - i n c o m e c o m m u n i t i e s h a v e hi s t o r i c a l l y f a c e d d i s i n v e s t m e n t i n f r a s t r u c t u r e , fu r t h e r r e s u l t i n g i n e n v i r o n m e n t a l a n d h e a l t h di s p a r i t i e s . A s b o t h ƪ o o d s a n d d r o u g h t s b e c o m e a n in c r e a s i n g r e a l i t y , e n s u r i n g r e s i l i e n t i n f r a s t r u c t u r e to p r o a c t i v e l y m a n a g e m e n t s t o r m w a t e r m u s t b e a pr i o r i t y f o r t h e O p p o r t u n i t y S i t e . T o w a r d s t h i s e n d th e O p p o r t u n i t y S i t e I n f r a s t r u c t u r e F r a m e w o r k pr o m o t e s S t o r m w a t e r e q u i t y b y : • I n s t i t u t i n g a d i s t r i c t - w i d e s t o r m w a t e r s y s t e m t o re d u c e p r o j e c t l i f e c y c l e c o s t s , t h u s r e d u c i n g t h e Ƥ s c a l b u r d e n o n c i t y r e s i d e n t s . • P r o a c t i v e l y p l a n n i n g f o r a n d i n s t i t u t i n g a st o r m w a t e r p l a n t h a t p r o m o t e s e n v i r o n m e n t a l su s t a i n a b i l i t y a n d r e s i l i e n c y i n t h e f a c e of e v e r - c h a n g i n g c l i m a t e c h a n g e s , t h a t di s p r o p o r t i o n a t e l y i m p a c t B I P O C a n d so c i o e c o n o m i c a l l y d i s a d v a n t a g e d p o p u l a t i o n s • I n s t i t u t i n g h i g h - q u a l i t y b e s t m a n a g e m e n t pr a c t i c e s ( B M P s ) s u c h a s b i o s w a l e s , g r e e n s t r e e t s , an d r e t e n t i o n p o n d s , t h a t m i t i g a t e n e g a t i v e st o r m w a t e r i m p a c t s w h i l e p r o v i d i n g a d d i t i o n a l ae s t h e t i c a n d l i v a b i l i t y b e n e Ƥ t s . • C l e a n s i n g a n d p u r i f y i n g s t o r m w a t e r b e f o r e i t r e - en t e r s S h i n g l e C r e e k a n d o t h e r n a t u r a l s o u r c e s , re d u c i n g p o l l u t a n t s . Ac c e s s & M o b i l i t y Of t h e f o u r f r a m e w o r k s , co n s e q u e n t i a l t o e q u i t y Tr a n s p o r t a t i o n a v a i l a b i l pe o p l e g r o u p s a n d c r e a t Co m m u n i t i e s w i t h o u t a c is o l a t e d f r o m t a k i n g a d v Si t e , n o r s h o u l d t h e y n o to l i v e n e a r w h e r e t h e y w Th e O p p o r t u n i t y S i t e I n f pr o m o t e s a c c e s s a n d m o • U t i l i z i n g a f r a m i n g l e n vu l n e r a b l e , ” a n d m a k ac c o r d i n g l y . • P r i o r i t i z i n g s a f e a n d c es p e c i a l l y f o r t h o s e w ta k i n g t r a n s i t . • E n s u r i n g s a f e , e v i d e n ar e u t i l i z e d , a n d t h a t na v i g a b l e a n d w e l c o m bu i l t . • C r e a t i n g a p l a n t h a t i s mu l t i m o d a l t r a n s p o r t co m p l e m e n t a r y l a n d mo b i l i t y o p t i o n s f o r r vi s i t o r s . • S e e k i n g e n v i r o n m e n t to t r a n s p o r t a t i o n s y s t re d u c e w h e r e p o s s i b l gr e e n h o u s e g a s e s . Tr a n s i t O r i e n t e d D e v e l o p m e n t Bu s i n e s s M i x e d U s e Ac t i v e U s e s S u c h a s R e t a i l ex p l a ex p l a ex p l a ex p l a Fe a t u r e s Fr a m e w o r k Th e F r a m e w o r k an d o p e n s p a c e ga t h e r i n g , s o c i a Th e s p a c e s w i l l in c l u s i v e . T h e p th r o u g h o u t t h e co n s i d e r a t i o n w th a t a r e a c t i v e t an d a c t i v i t i e s w An “ I n s i d e O u t ” C i t y La n d u s e s a l l o w f o r d e v e l o p m e n t s s u p p o r t i v e of o r o r i e n t e d a r o u n d t r a n s i t , p e d e s t r i a n a n d bi c y c l e f a c i l i t i e s , a n d t h a t s u p p o r t l o c a l j o b cr e a t i o n a n d b u s i n e s s g r o w t h . L a n d u s e s of t h i s n a t u r e w e r e i n f o r m e d b y t h e 2 0 4 0 Br o o k l y n C e n t e r C o m p r e h e n s i v e P l a n , a n d co m m u n i t y i n p u t o n t h e n e e d f o r l i v i n g - wa g e j o b s , i n c r e a s i n g t h e C i t y ’ s t a x b a s e , a n d pr o v i d i n g o p p o r t u n i t i e s t o d i v e r s i f y B r o o k l y n Ce n t e r ’ s e c o n o m y a n d h o u s i n g . T h e Ƥ n a l l a n d us e p o l i c y d i r e c t i o n w i l l b e s u p p o r t e d b y a n im p l e m e n t a t i o n p l a n , w h i c h w i l l b e i m b e d d e d wi t h i n t h e Ƥ n a l O p p o r t u n i t y S i t e M a s t e r P l a n as w e l l a s w i t h n e w z o n i n g d i s t r i c t s i n a n up d a t e d C i t y z o n i n g c o d e . ook l y n C e n t e r w i l l f e a t u r e b u i l d i n g a n d d e v e l o p m e n t p a t t e r n s t h a t tai n a b l e , a n d c o n n e c t i v e - c r e a t i n g n o d e s o f m i x e d u s e a c t i v i t y a n d s f o r p e o p l e t o l i v e a n d e n j o y a t a n y s t a g e o f l i f e . sig n e d bor l y , wit h nd a n d a g t h e m . men t ng w a g e ark e t t o te l o c a l Ho u s i n g f o r a l l S t a g e s o f L i f e Ho u s i n g f o r a l l S t a g e s o f L i f e Bu i l d i n g s a n d S p a c e s f o r a n E n t r e p r e n e u r i a l D o w n t o w n Br o o en t r a h i g se c o co m gr o w an d Fr a m an d ƪ o u r wi l l p Ƥ n a n al s o in a m wi l l b tr u c k po p Br o o of h o so m fo r h mo v li f e . ap a r ar e b Eơ o ow n in c o IM I A G E de s c r i p t i o n s o n f o l l o w i n g p a g e s ) for t-o r i e n t e d us e s t h a t le u s e . ens i t i e s t h a t cti v i t y , a n d vel o p m e n t wa l k a b i l i t y th o f t a n d pro m o t e s t i n c l u d e d r e c r e a t e tom o b i l e s , bli c t r a n s i t . on a n d y t o t r a n s i t ew h o u s i n g re n e a r b y on s p a c e s . the m a j o r i t y lo p m e n t D i s t r i c t ( T O D ) Tr a n s i t Or i e n t e d De v e l o p m e n t Di s t r i c t ( T O D ) MA I N STR E E T 3 R I V E R S PA R K Ma i n S t r e e t ) Be n e fi t s es l a n d f o r a ust r i a l u s e s g r e t a i l / e n c o u r a g e s ent o f usi n e s s ord i n a t i o n erc i a l u s e s c a n d rke r s . T h i s id e n t i a l liv e - w o r k thr o u g h hi s g u i d a n c e dis t r i c t vid i n g hil e s t i l l mp a c t s Ro o f t o p c o m m u n i t y s o l a r a n d mi c r o g r i d Pe r v i o u s p a v e m e n t t o e n c o u r a g e in f i l t r a t i o n Bu s i n e s s e s w i t h p u b l i c i n t e r f a c e lo c a t e d a t a c t i v i t y n o d e s t h a t f a c e th e n e i g h b o r h o o o d Cl e a r a n d s i m p l e p e d e s t r i a n co n n e c t i o n s t o t h e n e i g h t b o h o o d Gr e e n e d g e f o r s t o r m w a t e r , tr a i l s , h a b i t a t p u b l i c a r t a n d o t h e r sh a r e d a m e n i t i e s Sm a l l e r s c a l e e m p l o y m e n t u s e s i n th e n e i g h b o r h o o d - m a k e r s p a c e s , li v e w o r k u n i t s » Li v i n g w a g e » Jo b s t h a t a r ne i g h b o r h o » Hi g h e r t h a n 25 j o b s / a c r e » Lo c a l h i r i n g » In c u b a t o r / fo r s m a l l b u » Ne t P o s i t i v e » Wo r k f o r c e d » Lo c a l a n d d sh a r e r e s o u » Bu s i n e s s e s in d u s t r i a l b » Em p l o y e e b re s t a u r a n t s » Ba c k r o o m re t a i l » Po t e n t i a l e v ga t h e r i n g (MX - B 1 ) ook l y n C e n t e r w i l l f e a t u r e s y s t e m o f o p e n s p a c e s , s t r e e t s , t r a i l s a n d as t h a t p r o m o t e s h e a l t h y l i v i n g , g a t h e r i n g , s o c i a l g a t h e r i n g , a n d r e s p o n s i b i l i t y . Fr a m e w o r k e, mic me s a ent e r f o r at nd t i m e ugh o u t re nd era g i n g nni a l at ati o n a l , neƤ t s t o Fe a t u r e s An “ I n s i d e O u t ” C i t y Ne i g h b o r h o o d P a r k D St o r m w a t e r G r e e n w a y E Th e T h r e e R i v e r th e i r Ƥ r s t “ ur b a Ce n t e r . i n a n e ơ co m m u n i t i e s s u pa r k r e s o u r c e s t th e D i s t r i c t e n d in t h e u n d e r s e r v wi l l s e r v e a s a “ b pa r k s i n t h e c o u ma n a g e , m a i n t a sp e c i Ƥ c a l l y f o r B Th e F r a m e w o r k op e n s p a c e s d e s so c i a l i z i n g , a n d wi l l b e w e l c o m i th e y w i l l d r a w i n Th e p u l s e o f t h th r o u g h o u t t h e co n s i d e r a t i o n w th a t a r e a c t i v e t an d a c t i v i t i e s w IM I A G E IM I A G E Th r e e R i v e r s “ B r i d g i n g ” P a r k A Pa r k l e t s a n d G a r d e n S t r e e t B BC P l a z a C A D E E B B C Pa r k l e t s Ne i g h b o r h o o d P a r k s Pl a z a Th r e e R i v e r s P a r k Gr e e n w a y Re g i o n a l R e c r e a t i o n a l A t t r a c t i o n Th r e e R i v e r s U r b a n B r i d g i n g P a r k Fe a t u r e s Fr a m e w o r k St o r m w a t e r w i l of t h e a r e a s o i t of r e l y i n g o n e x p to m o v e r a i n w a ra i n w a t e r w i l l b re s o u r c e . F o r e Ƥ l t e r s w a t e r b e f wi l l a l s s e r v e a s In a r e a s w h e r e s wi l l b e s t o r e d a ex c e s s r e t u r n i n cti v e s t o r m w a t e r s y s t e m t h a t p r o v i d e s h e a l t h , nd e n v i r o n m e n t a l b e n e Ƥ t s t o a l l re a hat m a n - gho u t se r v i n g nal , a n d re s i d e n t s Ur b a n G r e e n S t r e e t s Gr e e n w a y a n d tr e a t m e n t t r a i n Ne i g h b o r h o o d R a i n Ga r d e n s La r g e r d e t e n t i o n a r e a s Li n e a r S t o r m w a t e r p a r k s a n d g r e e n w a y s al o n g t h e e d g e o f t h e l a r g e g r e e n s p a c e C Gr e e n S t r e e t s w i t h U r b a n S t o r m w a t e r A Po n d i n g a r e a s D A G a r d e n S t r e e t w i t h R a i n g a r d e n s a n d Pa r k l e t s B C B A D Sh a r e d S t a c k e d G r e e n i n f r a s t r u c t u r e Di s t r i c t S t o r m w a t e r S y s t e m CA C A D B y Sh i n g l e C r e e k P a r k w a y Ma i n S t r e e t Ga r d e n S t r e e t Pa r k w a y Ne i g h b o r h o o d S t r e e t “S l o w Z o n e s ” s t o mun i t y nne c t e d ess t o gho u t .of opl e t o ut t h e se. Fr a m e w o r k Fe a t u r e s ook l y n C e n t e r w i l l h a v e a t r a n s p o r t a t i o n s y s t e m t h a t e n c o u r a g e s ki n g , i s w e l l c o n n e c t e d t o t h e r e g i o n a n d r e d u c e s t h e n e e d t o o w n a g s a f e , a ơ o r d a b l e , c o n v e n i e n t a n d a c c e s s i b l e o p t i o n s . A “ G a r d e n S t r e e sp i n e t h r o u g h t St r e e t w i l l b e a wi t h t o w n h o u s e wi l l b e a p r i m a r bi c y c l i s t s a n d s l pe r m i t t e d , p r i m pa r k i n g a r e a s . T sm a l l p l a y s p a c e am e n i t i e s . Sl o w Z o n e s a r e ar e s p e c i Ƥ c a l l y d sl o w e r t r a ƥ c t h th e C i t y . T h e F r a ar e a s a r o u n d t h te r m i n u s o f J o h Th i s w i l l i m p r o v sp a c e s , c r e a t e a an d e n a b l e p e d st r e e t . Ga r d e n S t r e e t Sl o w Z o n e s de s c r i p t i o n s o n f o l l o w i n g p a g e s Ty p i c a l R e s i d e n t i a l S t r e e Re s i d e n t i a l s t r e e t s w i l l b e an d s a f e s t r e e t s w h o s e p r be a c o m f o r t a b l e a n d s h a pe d e s t r i a n s , b i c y c l i s t s , a n to c u r b a r e a w i l l b e p r o g r tr a ƥ c , p a r k i n g o n o n e s i d Be y o n d t h e c u r b , s t r e e t t 5’ s i d e w a l k . B u i l d i n g s w i l of t h e s i d e w a l k w i t h p a t i o to c r e a t e a c o m f o r t a b l e p Ty p i c a l R e s i d e n t i a l s t r e e t of t w o c u r b c u t s p e r b l o c k 11 5 ’ R O W Pa r k i n g / P l a z a vel ne Tr a v e l La n e Si d e w a l k Di n i n g Si d e w a l k Si d e w a l k Si d e w a l k T r a v e l La n e Pa r k i n g T r a v e l La n e 60 ’ R O W 10 ’ Fr o n t y a r d 6’ Si d e w a l k 8’ Pa r k i n g Tr a v e l La n e 70 ’ Tr a v e l La n e Pa r k i n g 10 ’ Re g i o n a l Tr a i l 15 0 ’ R O W 8’ 8’ 10 ’ Si d e w a l k Tr a v e l La n e Pa r k i n g La n e Tr a v e l La n e Me d i a n 10 0 ’ - 0 ” R O W On - s t r e e t bi k e w a y Sh i n g l e C r e e k P a r k w a y Sh i n g l e C r e e k P a r k w a y i s p r o p o s e d to b e n a r r o w e d t o a t h r e e l a n e r o a d . Th e n o r t h b o u n d o u t s i d e l a n e c a n be c o n v e r t e d t o a p a r k i n g l a n e a n d th e s o u t h b o u n d o u t s i d e l a n e c a n b e co n v e r t e d t o a t w o w a y o n s t r e e t co m m u t e r b i k e l a n e ( a l l o w i n g S h i n g l e Cr e e k T r a i l t o b e r e c r e a t i o n a l a n d mu l t i - u s e ) . e Ac t i v i t y Z o n e Ma i n S t r e e t Ma i n S t r e e t / J o h n M a r t i n D r i v e w i l l be d e s i g n e d a s a p e d e s t r i a n o r i e n t e d st r e e t w h e r e c a r s a r e c o n s i d e r e d gu e s t s . T h e s i d e w a l k s a r e e x t r a w i d e , an d t h e c e n t e r m e d i a n c a n b e u s e d fo r k i o s k s , f o o d t r u c k s , o r s h o r t t e r m pa r k i n g . A m e n i t i e s s u c h a s p u b l i c ar t , b i k e r a c k s , Ƥ x e d a n d m o v e a b l e se a t i n g , a n d a m p l e s h a d e t r e e s w i l l cr e a t e a n e n v i r o n m e n t t h a t i s p l e a s a n t fo r b u s i n e s s e s a n d r e s i d e n t s a n d vi s i t o r s Ga r d e n S t r e e t Th e n o r t h s o u t h s t r e e t i n b e t w e e n Ea r l B r o w n D r i v e a n d S h i n g l e C r e e k Pa r k w a y w i l l b e a “ s h a r e d s t r e e t ” o r “w o o n e r f ” . I t w i l l b e a s l o w s p e e d , pe d e s t r i a n p r i o r i t y s t r e e t t h a t i s li n e d b y t o w n h o u s e s a n d l i v e w o r k bu i l d i n g s . T h e l a n e w a y f o r v e h i c l e s wi l l b e s e r p e n t i n e t o m a k e r o o m fo r g r e e n s p a c e , r a i n g a r d e n s , a n d pa r k l e t s . Sh i n g l e C r e e k P a r k w a y Ma i n S t r e e t Ga r d e n S t r e e t Co n n e c t o r P a r k w a y Ne i g h b o r h o o d S t r e e t Pa r k w a y Th e C o n n e c t o r P a r k w a y w i l l b we s t r o a d t h r o u g h t h e n e w d a p r i m a r y a d d r e s s f o r b o t h h o Th e P l a n r e c o m m e n d s a 7 0 ’ g re t e n t i o n a n d l i g h t r e c r e a t i o n y( ) January 26, 2021 TO: Meg Beekman, Community Development Director FROM: Haila Maze, Principal Urban Planner RE: Brooklyn Center Opportunity Site Engagement Summary to Date Background and Purpose Pre-2018 Opportunity Site Planning The Opportunity Site is an approximately 80-acre area west of Hwy 100 and east of Shingle Creek Parkway, between Bass Lake Road and Summit Drive. The City first began planning for redevelopment of this area in the early 2000s. In partnership with the Metropolitan Council, the area was included in a regional study designed to examine how aging retail centers could redevelop to better serve the communities they are in. The resulting study introduced the concept of a mixed-use, walkable, town center as a vision for the area. In 2006, the City commissioned Damon Farber and Associates to prepare a master plan for the area that is now known as the “Opportunity Site”. The plan identified a series of redevelopment concepts as well as created design guidelines for the new development. The 2006 plan continued to support the vision of the area as a cohesive mixed-use neighborhood and city center and proposed a mix of housing types and densities as well as new commercial development. The Great Recession stalled the City’s redevelopment plans; however, reduced property values allowed the City’s EDA to acquire 31 acres of property within the Opportunity Site between 2008 and 2013. Additional acquisitions occurred after that and by 2018, the City’s EDA owned approximately 35 acres of the 80-acre Opportunity Site area. The rest of the parcels are privately owned by various entities. In early 2018, the Treasury Department rolled out the Opportunity Zone program, asking Governors of each state to submit census tracts into the program. The program was designed to provide capital gains tax relief on investment capital that supported development within ([KLELW' Brooklyn Center Opportunity Site Engagement Strategy 2 Brooklyn Center Opportunity Zone designated Opportunity Zones. Minnesota Counties were tasked with identifying eligible census tracts for the program and submitting them to the Governor’s office. Hennepin County provided eligibility criteria to its municipalities, which included low- moderate income census tracts with redevelopment opportunities. Brooklyn Center submitted two census tracts, but only one was selected. The selected census tract includes much of the northeast quadrant of the City as well as the area the City had been referring to as the “Opportunity Site”. In May 2018, the Governor’s office submitted the selected census tracts to the Treasury Department. Alatus Development Plan In April 2018, the City entered into a Preliminary Development Agreement with developer Alatus that would allow them time to develop a master plan for the EDA-owned 35 acres within the Opportunity Site and to conduct due diligence on an initial phase of that development. Prior to this, the City Council had solicited interest from developers to propose their vision for the site. Three developers came forward with concepts and after meeting with two of them, the Council selected Alatus because their vision aligned with the City’s 2006 master plan vision to create a ‹š‡†—•‡ǡ™ƒŽƒ„Ž‡–‘™…‡–‡”–Šƒ–‡š‹•–‹‰”‡•‹†‡–•…‘—Ž†„‡‡Ƥ–ˆ”‘ƒ†—–‹Ž‹œ‡Ǥ ›‡ƒ”Ž›ʹͲͳͻǡŽƒ–—•Šƒ†”‡Ƥ‡†–Š‡‹”‘˜‡”ƒŽŽ…‘…‡’–ˆ‘”–Š‡•‹–‡ƒ†™‡”‡‘˜‹‰ˆ‘”™ƒ”†™‹–Š early planning for an initial phase of development that would include approximately 300 units of Š‘—•‹‰ƒ†ƒ‹š‘ˆ…‘‡”…‹ƒŽ‘–Š‡‰”‘—†ƪ‘‘”ǤŠ‡…‘…‡pt was presented to Council and direction was made to renew the Preliminary Development Agreement with Alatus. City-Led Master Plan This agreement redirected control of the vision for the city, with the City taking the lead on master planning for the site, in partnership with Alatus, and incorporating the larger 80-acre Opportunity Site into the master plan. Alatus for their part in the agreement was tasked with implementing an initial phase of development and continuing their work to bring a development forward. Throughout 2019, the City, along with its consultant team, worked to develop the Opportunity Site Master Plan. This was a multi-phased approach that involved a combination of technical assessment, initial community engagement, feasibility analysis, and further community engagement –‘…‘–‹—‡–‘”‡Ƥ‡–Š‡’ŽƒǤ In November 2019, the City purchased the 9-acre former Target site, within the Opportunity Site master planning area. The property was purchased soon after the store’s closure, in order to hold it for redevelopment that aligned with the master plan. Brooklyn Center Opportunity Site Engagement Strategy 3 Approach to Engagement The scale and reach of community engagement on this project has exceeded that of any past effort in the City’s history; however, the intent with this project is to ensure that the outcomes truly benefitted the residents of Brooklyn Center, and this necessitates a much deeper, more inclusive engagement strategy. From the beginning, the engagement approach was intended to support this vision through an in- depth, inclusive process that connected with diverse groups and views throughout the city. Principles guiding this approach included: •Consistency with city goals and policies, including the new city comprehensive plan. •Ensuring the development provided direct access and benefits for city residents. •Authentic engagement to connect people with the decision-making process. •Meaningful opportunities to influence outcomes for the plan and the site. •Transparency in decision making, to build trust and accountability. While these principles have remained, the approach to engagement has evolved and changed since then, in response to feedback on effectiveness, and changes in external conditions. Initial Engagement Plan: Spring-Fall 2019 Approach With the many topics and issues to be considered, it was decided that an in-depth learning experience would be an appropriate way to bring the public into the planning process. As a result, the engagement process began with a series of hands-on workshops facilitated by LISC, which educated participants on the development process and explored options for the site. The outcomes of this process included a list of recommended community priorities and benefits to be included in the project. The final report, which was produced through a consensus-building process by the community, is attached to this summary. Subsequent events, outlined in an engagement plan developed in Spring 2019, built upon this work by sharing out these ideas for review, input, and further comment. Communicating About Opportunities Strategies to communicate about opportunities for engagement included: •Event flyers and mailed postcards •Social media updates •Website postings •Media advisories and press releases •Information shared through community-based groups •Email updates via City systems and lists •Information available in public buildings •Updates shared through neighborhood association networks and meetings •On-site signage •Joint communications with other partners working in the area •Direct invitations to key stakeholders In-Person Engagement Activities A focus of the engagement approach was to provide multiple opportunities for people who may not otherwise know about this project to participate, learn, and provide input. This included: •Corridor Development Initiative Workshops, March 20, April 3, April 17, and May 1, 2019 Brooklyn Center Opportunity Site Engagement Strategy 4 •Brooklyn Center Health Fair Pop-up, April 27, 2019 •Multicultural Advisory Committee Workshop, May 28, 2019 •Earle Brown Days Pop-up, June 22, 2019 •City Council Presentation, July 1, 2019 •Second Saturday Market Pop-up, July 13, 2019 •APA Minnesota Brown Bag Lunch, July 16, 2019 •Youth in Governance Day with Brooklynk Interns, July 22, 2019 •National Night Out with Brooklynk Interns, August 6, 2019 •Second Saturday Market Pop-up, September 14, 2019 •Empire Media Podcast, Voice of Hope with Pastor Loveth, September 17, 2019 •Becoming Brooklyn Center Open House, Opportunity Site focus, September 19, 2019 •CEAP Farm Fresh Fest, September 20, 2019 •Community Band & BBQ, September 21, 2019 Online Engagement In addition to the events, an online poll was circulated on the City’s Polco survey platform throughout July 2019. Project information was shared via a newly developed project website and social media. This resulted in numerous online social media postings (on both city and neighborhood social media accounts), and an additional 80+ people signing up for project updates. Youth Engagement The city’s Brooklynk interns, a cohort of local high school students paired with city departments, were used at several events to both provide input and collect input from others. The hiring of a temporary intern, also focusing on youth outreach, followed the conclusion of these internships. This involvement resulted in the recruitment and participation of youth in engagement, including their perspectives about what is important for the project. Results of Engagement By the end of this stage, there were over 1,000 direct engagements with residents and other community stakeholders. While participants were not asked to identify themselves directly, around one third to one half of participants were estimated to be people of color. By comparison, approximately 57% of the total population in Brooklyn Center, and 45% of the adult (18+) population, are people of color (Source: US Census 2013-2017 American Community Survey). How This Impacted Plan The following general themes have emerged from the engagement to date. More specifics are available in individual event summaries. Below is a summary of these themes and how they are addressed in the master plan. •Create indoor and outdoor spaces for community activities.The plan envisions a series of attractive and inviting public spaces and facilities that would be available to all residents for formal and informal activities. This includes walkable downtown area district and a connected series of parks and open space amenities. •Make housing options and small business spaces accessible and affordable to the public.The plan provides for a range of housing and small business spaces, with a focus on affordability. This includes specific goals for housing affordability, as well as prioritizing accommodation of small local businesses via an entrepreneurial market. •Build upon the asset of the city’s cultural, ethnic, and racial diversity. The plan envisions open, accessible, safe, and welcoming spaces that include elements reflecting diverse identities. Multicultural event spaces, markets, and public art were also identified as priorities. Brooklyn Center Opportunity Site Engagement Strategy 5 •Counteract disinvestment to strengthen the city’s economic and tax base.The plan is designed to be economically feasible, to attract and leverage private investment on the condition it is consistent with other project goals. •Connect this to the community, physically and socially.The site design in the master plan includes connectivity to existing area sidewalks, trails, and transit networks, to make it part of the larger community. The plan also supported a vision of a site in which all residents could take pride. •Support environmental sustainability.Improvements to the site consistent with the plan would create a much greener, more sustainable space. This includes more trees and landscaping, district stormwater amenities, a walkable neighborhood area, and mix of uses. Feedback on Process While effort was made to ensure a diverse representation of participants in the engagement process, concerns were raised that the engagement process had not been extensive or inclusive enough. The city wished to go further to ensure that all voices are heard. To this end, the City and its partners met to develop a subsequent stage of public engagement for the Opportunity Site, described below. Revised Engagement Approach: Winter 2019- Spring 2020 Approach This stage of engagement was designed not only to broaden outreach but to put more control of the process in the hands of the community. The intent was to ensure the plan was designed to be truly accountable to the public in terms of delivering on benefits. To provide more focused guidance for this effort, the Opportunity Site Working Committee was formed. Comprised of a range of community partners (including ACER, CAPI, OLM, LIBA, Alliance for Metropolitan Stability, Brooklyn Bridge Alliance, and others), this group was focused on informing and facilitating the public engagement process. These groups were chosen to reflect the broad diversity of the city, via groups that work directly in the community. Working Committee Outcomes This group met regularly – as frequently as weekly – from September 2019 to February 2020, advising on both the plan itself and the engagement process. Needs identified by the working group, and how they were addressed by the process, included: •The need for clear understanding of the impacts of the project, particularly potential for gentrification and displacement. Based on this, the project added a new housing study process to inform the plan and broader city policy on a range of housing policies and priorities. This is currently underway, along with studies of traffic, stormwater, and financial impacts. •The need to communicate information about the plan to the community clearly and consistently, so people can understand what they are engaging about. This was addressed through the development of plan summary documents to help explain plan concepts to the public. A “meeting in a box” tool was designed to put this in a format that was useful to community partners in sharing about the project. •The need to ensure the language of the plan is inclusive and reflects community values. The working group reviewed the plan together, section by section, via a series of facilitated workshops. This resulted in numerous changes to plan language and direction – particularly focused on identified desired community benefits. Brooklyn Center Opportunity Site Engagement Strategy 6 •The need for an ongoing accountability framework through plan implementation. This was addressed through the development of a community benefits section of the plan, and the initiation of a plan to develop an equity checklist (described further below). •The need for more and deeper engagement.It was determined that partners who know the community best were the ones situated most ideally to do community-based engagement. This resulted in the proposed approach described below. Partner-Led Engagement To refocus and expand engagement, an offer was extended to working committee participants to facilitate community-based engagement activities. The format of this was designed to be flexible, so that they could be customized to the specific style that was most accessible, welcoming, and relevant to the targeted populations. As identified by the Working Committee, these populations included youth, renters, communities of color, and low-income communities – including West African, Latinx, African American/Black, and Hmong/Lao communities. City staff extended an invitation to lead community engagement to all organizations in the working committee. While not all were positioned to do this work, the City contracted with several of them to assist with deepening the community engagement work and reaching out to residents who have historically been marginalized in planning and development processes. Results included: •Brooklyn Bridge Alliance for Youth completed engagement work with young people in the …‘—‹–›ƒ†’”‡•‡–‡†–Š‡‹”Ƥ†‹‰•–‘–Š‡‹–›‘—…‹ŽǤEngagement method included a series of facilitated small group focus groups, which included 81 youth. Participants ranged from 14-18 years of age, and reflected the broad diversity of the community’s youth and were predominantly people of color. •Paadio Consulting/Jude Nnadi elected to engage with African-born former and current residents of Brooklyn Center. The purpose was to outreach to various African ethnic and country-specific groups, attend in-person events to connect with residents in their own spaces and places, and administer a survey to gather input. Jude Nnadi attended 15 meetings/events and engaged with 300 participants; 127 participants filled out a survey. •An OLM representative organized two in-person focus group sessions with renters in the …‘—‹–›–Šƒ–ƒŽŽ‘™‡†•–ƒơ–‘Šƒ˜‡†‡‡’ƒ†‡ƒ‹‰ˆ—Ž†‹ƒŽ‘‰—‡™‹–Špeople currently ”‡•‹†‹‰‹”‘‘Ž›‡–‡”ǤŽŽ’ƒ”–‹…‹’ƒ–•™‡”‡’‡‘’Ž‡‘ˆ…‘Ž‘”ǡ™‹–Šƒ•‹‰‹Ƥ…ƒ– proportion identifying as African. Other community partner organizations, such as ACER, CAPI and LIBA, also entered into engagement contracts, but their work was largely disrupted by the COVID-19 pandemic and unable to be completed. Equity Development Scorecard Through their conversations, the Working Committee recommended that the City utilize the Equity Development Scorecard to evaluate future development projects on the site. The scorecard is a tool that can be customized for each community and is designed to evaluate and score development. The –‘‘Ž…‘—Ž†„‡…—•–‘‹œ‡†–‘”‡ƪ‡…––Š‡˜ƒŽ—‡•ƒ†‰‘ƒŽ•‘ˆ–Š‡ƒ•–‡”’Žƒǡ–Š—•…”‡ƒ–‹‰ƒ‡–Š‘† of accountability to the master plan that would last into the future. When the Working Committee completed its meetings in February 2020, the intention was to transition that group to an Equity Development Scorecard Taskforce, which would be facilitated by the Alliance for Metropolitan Stability, focused on developing the Equity Scorecard. Pandemic Era Engagement: Spring-Winter 2020 Brooklyn Center Opportunity Site Engagement Strategy 7 Impact of COVID-19 By January 2020, a draft Master Plan was completed based on the community engagement that had been done, along with the technical assessment work. An engagement strategy to evaluate the draft plan was developed, the beginnings of which began to be implemented. Just at the time the partner-led engagement was getting started in February-March 2020, the COVID-19 pandemic hit. This disrupted planned events significantly due to the crisis state it brought upon many city residents – and the readjusted priorities of both the city and community partners as they sought to address urgent needs. As a result, much of the originally planned engagement was cancelled or modified. Working committee partners individually met with City staff in Spring 2020, discussing the need to extend the engagement period to accommodate the fact that people were unavailable to engage in the short term. As a result, while the original intention had been to complete the master planning work by Summer 2020, it became clear that this was no longer possible. The timeline for completing the ™‘”Šƒ•„‡‡‡š–‡†‡†ƒ†‘™ƒƤƒŽ†”ƒˆ–‹•ƒ–‹…‹’ƒ–‡†‘•‘‘‡”–Šƒ’”‹‰ʹͲʹͳǤ Likewise, the transition into the equity scorecard process was delayed. The Alliance stated that it was no longer able to lead the process, and the City began a search for a suitable replacement to lead the effort so that it could continue based on the Working Committee’s recommendation. Brooklyn Bridge Alliance was initially identified as an alternative to serve in this role, though that is currently on hold given the need to further consider options (as described below). Engagement Results Due to the pandemic, 2020 engagement was significantly scaled back from the original plan. All in- person engagement attempts were halted for safety reasons. Regardless, some limited engagement continued, including: •Partner-led engagement identified above via BBA, Paadio, and OLM – largely based on what was achievable when in-person meetings were still feasible •An expanded visual story map website, to make the plan’s online presence more accessible and inviting for comments •An online comment map hosted on the website, allowing people to review and add comments to various plan elements •Development of online surveys and meeting in a box tools, for people to review and engage remotely on their own time •Communications about online engagement opportunities, distributed via direct mailers to residents, social media updates, emails to the community and project partners, and flyer distribution – including at a drive-in movie night. The project website received significant traffic during this time, resulting around 140,000 total visits. While it was not possible to track all the people who participated during this phase, those who were identifiable brought the total involvement to over 2,500 individuals though the end of this period. This estimate is likely low, because it does not account for anonymous web visitors and those interacting on social media or via informal networks. Feedback on Process Brooklyn Center Opportunity Site Engagement Strategy 8 As heard at the January 4, 2021 City Council meeting, there were significant concerns about the engagement process raised. This included the extensiveness, quality, and validity of the engagement done to date – and the need to refocus the approach going forward. Given this critique, the city is now pursuing plans for a refocused approach to engagement. Next Steps ‹–›•–ƒơŠƒ•„‡‡‹…‘—‹…ƒ–‹‘™‹–Š–Š‡…‘—‹–›-based organizations that were involved with the Engagement Working Committee. The intent has been to determine what a community engagement strategy might look like moving forward and when the appropriate time to initiate it would be. Major considerations identified at this point include: •Determining community-based leadership for next stage engagement. As noted above, the process to do this has been challenged both by lack of capacity for some organizations to take on the role, as well as by the much-larger impact of the pandemic. Community-based engagement leadership has been identified repeatedly as a priority however, so the city will continue to explore options. This will likely be a team effort, since different groups have unique advantages in reaching specific populations. •Building and maintaining trust in the city as a partner with community. Feedback and critiques throughout the planning process point to a stark reality: there are many in the community who do not trust power structures, including the City itself. While there are many justifiable reasons for this distrust, it should not be accepted as a matter of course. Inclusive, transparent, and accountable processes are needed to help build and maintain this – including accountability that extends well into the implementation phase. •Building community capacity to understand and influence the plan and future city actions.This process has pointed to the need to build up the community’s capacity to understand and engage effectively in decision-making processes. As with the lack of trust, this reflects the impact of historic and structural issues that extend well beyond the scope of this specific project. While not all of this can be solved in the short term, this should be kept in mind and worked towards. •Keeping the project moving forward. Without some forward momentum in terms of developing the site (including approval of future private development projects), no benefits will be achieved for the community if the site remains empty. Indeed, the result will be worse than zero, as the site’s vacancy, blight, and absence from the tax rolls means it is a drain on the city’s financial resources and community fabric. While this does not mean the process should be rushed, it also means that delaying the project indefinitely is an undesirable option. ALATUS / BROOKLYN CENTERDEVELOPMENT GUIDELINES Sponsored by: ([KLELW( ALATUS / BROOKLYN CENTER 1 DEVELOPMENT GUIDELINES OVERVIEW The former Brookdale Ford and Brookdale Square sites at Bass Lake Road and Shingle Creek are two key properties within a larger 81-acre area known as the Opportunity Site. This area has long been a key opportunity for the City of Brooklyn Center. The size of the site, central location, and easy freeway and trail access offers great potential in two important ways: 1.) To create a downtown center and signature destination that offers green space, is well maintained, and has appropriate amenities that will drive our future economic growth, and 2.) Serves the entire community that calls Brooklyn Center home, which is diverse, evolving, and entrepreneurial. Previous studies and assessments (2002 Calthorpe Study, 2006 Damon Farber Associates’ Master Plan, and the 2030 Comprehensive Plan Update) all point to the great potential of the site as a mixed use, walkable town center. Yet the vision has not been realized due to WKH¿VFDOFKDOOHQJHVRIVLWHDVVHPEO\DQGVWUXJJOLQJPDUNHWFRQGLWLRQVGXULQJWKH*UHDW Recession. In response, the City of Brooklyn Center’s Economic Development Authority (EDA) began proactively acquiring property within the Opportunity Site in 2008. This includes the former Brookdale Ford site and former Brookdale Square site, as well as two other smaller parcels. In total the EDA has acquired approximately 35 acres of the total redevelopment area. In March 2018 the EDA entered into an agreement with Alatus, LLC to master develop the site. ALATUS / BROOKLYN CENTER 2 DEVELOPMENT GUIDELINES As master developer for the Brookdale sites, Alatus is committed to building elements WKDWZLOOEHQH¿WWKHFRPPXQLW\7RDFKLHYHWKDWJRDOWKH\KDYHSDUWQHUHGZLWKWKH&LW\RI Brooklyn Center and LISC’s Corridor Development Initiative to listen to and engage the community through a series of public workshops. These recommendations will inform $ODWXVDQGWKH&LW\RI%URRNO\Q&HQWHUDVWKH\UH¿QHWKHLUFRQFHSWVIRUWKHVLWH7KHLQSXW gathered will also inform other development sites throughout the City of Brooklyn Center as they unfold. ,QDGGLWLRQWKH&LW\LVZRUNLQJZLWKFRQVXOWDQWV%ROWRQ 0HQN&XQLQJKDP*URXSDQG KimbleCo to update the 2006 Master Plan and complete an implementation strategy in cooperation with Alatus. Above: Existing conditions on the Opportunity Site. ALATUS / BROOKLYN CENTER 3 DEVELOPMENT GUIDELINES Demographic Update: WHO IS BROOKLYN CENTER TODAY? Highlights of current Brooklyn Center demographic, economic, and housing stats include: • Nearly 60% of Brooklyn Center residents are people of color or non-white • Unlike the broader metro region, which is aging, Brooklyn Center’s population grew younger between 2000 and 2010 (Median age is 32.8), and 40% of the households have children • Brooklyn Center’s median household income was $44,855 in 2015 • Brooklyn Center residents use transit at higher rates, and over 19% of residents are below the poverty level ($24,563 for a family of four in 2016) • 21% of residents were born outside of the United States (highest percentage of foreign born residents in the Metro Area) • Of the 11,603 housing units in Brooklyn Center, 37% are rental units (single family and multifamily residential) • 71% of housing units are single-family, and 29% are multifamily (most of which was constructed in the 60s and 70s) • 2019 median home values for Brooklyn Center are $198,000 • Average monthly rent in Brooklyn Center is $981 (2017) • 93% of housing units are considered affordable, largely due to their age and condition. Only 5% of housing is publicly subsidized for long-term affordability • Housing stock is fairly homogenous which results in lack of choice (e.g. most are less than 1,500 SF) • The Metropolitan Council projects a demand of 2,258 new housing units in Brooklyn Center by 2040. ALATUS / BROOKLYN CENTER 4 DEVELOPMENT GUIDELINES DESCRIPTION OF THE REDEVELOPMENT SITE: The larger Opportunity Site Study Area – approx. 81 acres – is located north of Bass Lake Road, east of Shingle Creek Parkway, south of Summit Drive and west of State Highway 100. Within the larger site lies the 35 acre city-owned redevelopment site, currently assigned to Alatus LLC who will serve as Master Developer, bordered by Shingle Creek Parkway, Bass Lake Road, and John Martin Drive. The City’s vision for the site is to be an inviting, attractive, walkable, mixed use and vibrant downtown which: • Provides for a variety of housing types to assist with the diversifying the City’s housing stock, • Produces places for people to gather together and recreate, • Leverages nearby amenities, • Allows local businesses to thrive, and •%HQH¿WVH[LVWLQJDQGIXWXUHUHVLGHQWV Alatus is excited about the potential of the redevelopment site, and intends to make it a distinctive and loved location. With multiple job opportunities in the area, new housing options will allow people to live near their jobs. Who would have imagined WKDW7RSJROIZRXOGEHWKHVXFFHVVWKDWLWLV"%XWLWZRXOGEHQH¿WIURPDZDONDEOHDUHD that is connected and vibrant. Housing will likely be the driver of the development, and will include smaller retail spaces for local businesses – a great way to support emerging entrepreneurs from the community’s diverse cultural backgrounds. Alatus is working closely with the City, Hennepin County, Three Rivers Park District, Metro Transit, MnDOT, and the Metropolitan Council to deliver on what the community wants. Their objective is to leave a legacy for the community. ALATUS / BROOKLYN CENTER 5 DEVELOPMENT GUIDELINES DEVELOPMENT GUIDELINE RECOMMENDATIONS Four guiding principles emerged from the community workshops that reinforce a sense of community pride in Brooklyn Center: • Embrace the growing diversity of the community • Produce places that bring the community together • Create a vibrant and distinctive destination for the community and the region • Consider sustainability in the design of the development (Emergy) These principles are incorporated into these areas of investment: I. Economic Vitality A. The growing diversity of the community is a strength that should be nurtured through culturally focused businesses and ethnic cuisine, retail, and services. % &RQVLGHUDFRZRUNLQJDQGRUEXVLQHVVLQFXEDWRUVSDFHVLPLODUWRWKH0LGWRZQ*OREDO0DUNHWWRVXSSRUW local entrepreneurs and small businesses. C. Prioritize spaces for local businesses over national retail chains. D. Build an entertainment district that enhances other surrounding uses, such as Topgolf entertainment complex (e.g. sports themed). E. Explore options for arts related spaces, such as theater, music, movies, dance, etc. (entertainment uses that ZLOOGRZHOOLQWKHPDUNHWRU¿OODQH[LVWLQJJDS  F. Prioritize businesses that provide living wage jobs. * 7KULIWVWRUHVDQGUHXVHFHQWHUV H. Cooperative food stores or grocery stores. I. Create things for people to do (e.g. theaters, nightlife, restaurants, bowling, etc.). - &RQVLGHUDGRZQWRZQPDLQVWUHHW HJ([FHOVLRUDQG*UDQGLQ6W/RXLV3DUN  K. Consider a campus for health related businesses and services. L. Event center with lodging that is youth friendly/sports complex. M. Regional destination for entertainment. 1 &RQVLGHUDFRUSRUDWHFDPSXVRUSUHVWLJLRXVRI¿FHVSDFH O. Embrace a green footprint and green economy (e.g. solar, green energy) ALATUS / BROOKLYN CENTER 6 DEVELOPMENT GUIDELINES II. Housing A. Increase the opportunity for people to live and work in the area. B. Include housing options that support a range of household incomes and sizes, and are accessible C. Consider live/work space. D. Provide a mix of ownership and rental housing options. E. Include higher-end rental housing products geared to young urban professionals (potential to be future long term residents). F. Promote quality craftsmanship and design that enlists unique architectural styles and sustainable and recyclable materials. * &RQVLGHUDIIRUGDEOHDQGPDUNHWUDWHVHQLRUDQGDFFHVVLEOHKRXVLQJ H. Work to ensure well-managed and maintained multifamily housing. I. Consider townhomes or condominiums for affordable homeownership options. - *UHDWHUKRXVLQJGHQVLW\VKRXOGEHHQFRXUDJHGRQWKHVLWH . 3URDFWLYHO\DGGUHVVWKHFRQFHUQVRYHUJHQWUL¿FDWLRQE\DQWLFLSDWLQJDQGSODQQLQJWRSUHYHQWLW L. Address housing for veterans and homeless. Above: Existing land-uses near the Opportunity Site. ALATUS / BROOKLYN CENTER 7 DEVELOPMENT GUIDELINES III. Public Spaces and Connections A. Consider spaces for youth and young families, such as community centers. B. Create a multicultural center that could be used for events, classes and training, celebrations, and other activities. C. Consider education-focused elements (i.e. trade schools, higher education, schools, daycares, etc.) D. A downtown center that serves as a center of gravity for the City of Brooklyn Center. (*DWKHULQJSODFHVZLWKRXWGRRUVHDWLQJSODFHVIRUFKLOGUHQDQGIDPLO\UHXQLRQVRSHQDLUPDUNHWDQG multi-purpose area. F. Connect trail systems to encourage multi-modal access (including pedestrians, bikes, mechanized YHKLFOHVHWF DQGFUHDWHDÀRZWRWKHGLVWULFW *8WLOL]HODQGVFDSLQJDQGVWUHHWVFDSHDPHQLWLHVWRFUHDWHVWURQJHUSHGHVWULDQDQGELNHGLVWULFW H. Civic center (e.g. recreation center, fun zone, skate-park, bowling alley, etc.). I. Improve transit areas to safer, pedestrian friendly, and desirable to use. J. Add green space, landscaping, or pocket parks to soften the built environment. K. Consider a hotel and indoor aquatic park for children and families. L. Create a botanical garden as a way of generating revenue for green space. M. A dog park. Above: Existing transit & landscaping near the Opportunity Site. ALATUS / BROOKLYN CENTER 8 DEVELOPMENT GUIDELINES FOR FURTHER INFORMATION, CONTACT: Meg Beekman City of Brooklyn Center 763-569-3305 mbeekman@ci.brooklyn-center.mn.us ([KLELW) Contents Brooklyn Center Opportunity Site . . . . . . . . . . . . . . . . . . . . . . . 4 Community Engagement Management . . . . . . . . . . . . . . . . . . 5 Process of Selection . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5 Community Outreach and Engagement Services . . . . . . . . . . . . . . . . . 6 Reporting and Presentation . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6 Engagement Strategy . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 7 Description of Community Partners’ Activities Outcomes and Objectives . . 8 Project Management Meeting Type . . . . . . . . . . . . . . . . . . . . . . . . . . . 10 Resources Provided . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 12 Summary of Community Engagement Activities . . . . . . . . . . . . . . . . . . 12 About Our Community Partners . . . . . . . . . . . . . . . . . . . . . . 13 MN Zej Zog . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 13 MIND . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 15 Minnesota African United . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 16 Minnesota African Coalition (MAC) . . . . . . . . . . . . . . . . . . . . . . . . . . . 17 LIBRA . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 18 Brooklyn Bridge Youth Alliance . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 19 Community Make-Up . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 20 The Hmong in Brooklyn Center . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 20 MIND . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 20 Minnesota Africans United . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 21 Minnesota African Coalition . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 21 LIBA . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 22 Brooklyn Bridge Youth Alliance . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 22 Engagement Activities and Feedback . . . . . . . . . . . . . . . . . . 23 MN ZEG ZOG . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 23 Door-Knocking . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 23 Responses – Door-Knocking . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 24 Translated OS Documents . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 25 Culturally Specific Events . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 25 Social Media Outreach . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 28 Business Interviews . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 28 Observations/Closing Comments . . . . . . . . . . . . . . . . . . . . . . . . . . . 29 MIND . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 29 Focus Groups . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 29 Survey Responses . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 30 Minnesota Africans United . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 31 Focus Groups . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 31 Minnesota African Coalition . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 33 Door-Knocking . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 34 Focus Groups . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 35 Town Hall Meetings . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 36 Social Media Report . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 37 LIBA . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 38 Focus Group . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 38 Technical Assistance Activities . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 39 Brooklyn Bridge Youth Alliance . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 40 CHALLENGES . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 49 MN ZEG ZOG . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 49 MIND . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 49 Minnesota African United . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 50 Minnesota African Coalition . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 50 LIBA . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 51 Brooklyn Bridge Youth Alliance . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 51 APPENDIX . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 55 Pilot Opportunity Site Enagagement Report 4 BROOKLYN CENTER OPPORTUNITY SITE The Brooklyn Center Opportunity Site is an approximately 80-acre area the City of Brooklyn Center (“the City”) has identified for redevelopment as part of the Becoming Brooklyn Center Initiative—a collection of related activities that make progress toward the City’s vision of a thriving, diverse, safe, and inclusive community. The goals of the Opportunity Site are to create a downtown center and signature destination that offers green space, is well maintained, and has appropriate amenities that will drive the City’s future economic growth, serving the entire community that calls Brooklyn Center home. The City elected to implement the Becoming Brooklyn Center Initiative through the development of the Opportunity Site Pilot Project. The project consists of a proposed development for approximately 15 acres of the Opportunity Site. The Pilot Project’s Development Team is led by Alatus, the development company working in partnership with Project for Pride in Living and Resurrecting Faith World Ministries. The proposed plan for the Pilot Project includes a mix of housing, small business incubator space, and community amenities such as an event center, public plaza, and public art. The City created a pool of qualified Community Partners to lead and implement a variety of community engagement activities that will gather feedback and participation from target demographic groups in the Brooklyn Center community to respond to the Pilot Development Project in the City’s Opportunity Site. Community Partners have led a wide variety of community engagement activities. The community feedback gathered through the engagement work led by the selected Community Partners will inform and shape the Pilot Project in a way that is authentically inclusive and representative of local community voices in the City. This engagement work around the Pilot Project will also inform and shape the community benefits requested from future public and private investments and a Community Benefits Plan, which will outline how the Opportunity Site as a whole can achieve identified metrics that will support local community thriving. Increased tax base Benefit to community schools New parks and recreation amenities Increased shopping, dining, and entertainment options More housing options Spaces for local businesses Water quality improvements to Shingle Creek Additional benefits are intended to include: Pilot Opportunity Site Enagagement Report COMMUNITY ENGAGEMENT MANAGEMENT NEOO Partners was selected to manage the community engagement process for the Brooklyn Center Pilot Opportunity Site. NEOO was tasked with developing an engagement process that was inclusive, representative of community voices, and collaborative, with a goal to interweave community inputs into the final development program and design. NEOO Partners was also tasked with identifying qualified community partners to carry out engagement activities for the Brooklyn Center Opportunity Site, outlining and coordinating the engagement process and providing guidance on best practices. Additionally, NEOO Partners was charged with managing the budget and other administrative duties. As a firm that understands the intricacies of diverse communities combined with barriers that may exist due to culture, language, trust, and accessibility, NEOO Partners sought to develop a process that removed barriers and opened opportunities to learn from each other. The premise was to identify community organizations in the Brooklyn Center community with a history of engaging the public in various issues that are affecting the community. From previous engagement attempts, NEOO learned that there was a level of distrust among certain community members due to misunderstandings, miscommunication, and a lack of engagement. To reverse the apathy in previous engagements, NEOO Partners and the City felt it necessary to have a process led by trusted community leaders. NEOO Partners worked with the City to develop a Request for Qualifications (RFQ) to solicit community partners to participate in the engagement process. Working with the client, NEOO Partners identified more than 20 community groups in the Brooklyn Center community and reached out directly to solicit participation. The RFQ was distributed on the City’s website, on social media pages, and to local places of worship and schools. The RFQ included information about the 15-acre pilot site, a description of community and engagement services needed, consulting services, reporting and presentation, key dates, and evaluation criteria. Process of Selection 5 Pilot Opportunity Site Enagagement Report 6 The ideal Community Partner was required to have the skills, experience, and existing relationships to help build relationships between the City and the most impacted target groups that have been historically marginalized and left out of traditional community engagement and public planning processes. In their role, the Community Partners were responsible for gathering input and feedback from a variety of community, public, private, and nonprofit voices and stakeholders through methods such as the following: The selected Community Partner was tasked with developing specific community engagement strategies that are culturally appropriate for the group being represented, including the following: The Community Partner was required to provide regular updates to City staff, the City’s Community Engagement Manager, and the Pilot Project Development Team through periodic check-in meetings, and provide reports and summary information related to the nature, timing, and methods of engagement as requested. The Community Partner will also deliver summaries of the stakeholder feedback it gathers from meetings, interviews, surveys, or other methods of community engagement. The RFQ was released in spring 2021. Approximately 15 community organizations submitted their qualifications. NEOO Partners reviewed each submission and interviewed each community member to better understand their qualifications. Community Outreach and Engagement Services Consulting Services Reporting and Presentation Organizing, hosting, and facilitating community conversations Convening interviews and focus groups Conducting online, paper, and in-person surveys Using translation and/or interpretive services in targeted languages such as Spanish, Somali, Hmong, and West Africa Pidgin Create an engagement plan that can be effectively executed and documented Oversee and implement the community engagement plan related to the specific target group Record and analyze community input and recommendations and develop a report of findings Develop and support communication plans by creating key messaging; developing flyers, mailers, and other written communications; and advertising using print, social media, press, radio, and other outlets The results of reviewing the submissions and interviews revealed that a number of organizations were heavily skilled in one or more of the areas and lacked engagement skills in another area. NEOO released a second proposal that encouraged combining teams that met the necessary criteria in order to carry out complete engagement activities. Teams were to be skilled in door-knocking, facilitating town halls and focus groups, and distributing and collecting surveys. The teams were asked to submit a budget that was equivalent to the engagement tasks they were to perform. Many of the community organizations combined into teams. There were seven submittals and represented communities across the African diaspora, the Hmong community, business groups, and youth groups. The cumulative budget request was $423,000. Working with the community partners, NEOO Partners was able to right size the cumulative budget to $300,000. Each community group was tasked with engagement activities that represented the skills of their teams. Some of the community partners only performed door-knocking, while others did a combination of town hall meetings, focus groups, and door-knocking. The average size of the contract was approximately $33,000. Community Partners were selected to lead and implement a variety of community engagement activities that resulted in feedback and participation from target demographic groups in the Brooklyn Center community regarding the Opportunity Site Pilot Project. Community Partners were given the autonomy to carry out engagement activities that best fit the needs of their communities. For example, some community partners were tasked with door-knocking. The approach to door-knocking varied greatly among community partners. Some community partners set up one-on-one meetings with community members to discuss the survey and then completed it on their behalf, sometimes virtually and other times face to face. Others canvassed neighborhoods and randomly knocked on doors. The goal was to not create a one-size-fits-all engagement activity. Below is a chart that describes the activities, outcomes, and hours allocated for each Community Partner. Engagement Strategy Brooklyn Center Opportunity Site 7 Pilot Opportunity Site Enagagement Report 8 # Community Partner Name Activities Docket Number # of Hours Allocated for Staff & Leadership 1 MN Zen Zog 1. Door-knocking (200) 2. Material translation services 3. Town hall session (3) 4. Cultural event tagalongs (3) 5. Social media post and ads (12) 6. Asian business focus group (50) 1. Reach 200 addresses door to door 2. Translate all public materials into Hmong 3. Host three culturally specific town hall sessions 4. Attend up to three cultural events to share information about the project 5. Reach 50,000 through social media targeted ads 6. Conduct business focus group interviews with 25 Asian businesses 7. Translation 8. Food 500 2 LIBA 1. Business roundtable – town hall session (2) 2. Business technical assistance (10) (prep for opportunities) 1. Convene 50 business leaders to discuss the Opportunity Site and engage in ways for them to be included economically (3) 2. Provide technical assistance (preparation) to 10 businesses (30 hours each) for opportunities with the Opportunity Site 350 3 MAC 1. Door-knocking (1,000) 2. Town hall session (4) 3. Culturally specific community meetings (6) 1. Reach 1,000 people door to door 2. Conduct 4 large cross-cultural town hall meetings 3. Conduct 8 culturally specific focus groups 4. Reach 50,000 through social media 500 4 MAU Focus groups (12) Conduct 12 focus groups in the MAU community 95 Description of Community Partners’ Activities Outcomes and Objectives Pilot Opportunity Site Enagagement Report 9 5 ACER 1. Door-knocking (200) 2. Material translation services 3. Town hall session (3) 4. Cultural event tagalongs (3) 5. Social media post and ads (12) 6. Asian business focus group (50) 1. Manage the day-to-day of the Community Task Force 2. Select Community Task Force 3. Provide written report for all engagement to City Council 4. Provide written community benefits plan back to City Council 350 6 BBA 1. Business roundtable – town hall session (2) 2. Business technical assistance (10) (prep for opportunities) 1. Conduct 20 youth focus groups with high school students who live in Brooklyn Center 2. Reach 400 youth who live in the City of Brooklyn Center 350 7 Task Force 1. Door-knocking (1,000) 2. Town hall session (4) 3. Culturally specific community meetings (6) 1. Task force to review community engagement materials collected 2. Provide recommendations and framework for community benefits agreement 355 8 NEOO 1. Engagement manager of entire framework 2. Quality control 3. Technical assistance to community partners 4. General community engagement city- wide 1. General supervision 2. Door-knocking 300 residents 3. Project meeting attendance across all community partners 4. Finalize graphic report for council approval 5. Negotiate community benefits agreement with Development Team 6. Reach 100,000 people on social media 65 Total 2565 Total sans NEOO 2500 Pilot Opportunity Site Enagagement Report 10 Representatives from each of the seven community organizations met collectively with the Project Engagement Manager and the City Planning Director. While only one member from each community group was required to attend the meetings, the meetings were often made up of the leaders and support staff. The average meeting had 25 participants. The meetings were held monthly and served as an opportunity for community partners to provide feedback on their engagement activities. During the Community Partners’ meetings, each community organization reported their successes and challenges. Those with challenges were provided with advice from the engagement manager and other community partners on how to address the challenges they faced. The most requested assistance was for how to increase community participation. COVID-19 impacted traditional engagement activities such as in-person meetings. Suggestions included increasing the use of social media to advertise for events, posting on the City’s website, sending email blasts to existing list serves, and partnering with other community events. Virtual meetings were the leading type of engagement activities. However, organizations such as MN Zeg Zo held cultural and social events they felt would garner more engagement than virtual meetings. At these events they set up tables to collect surveys as part of the sign-in process or to receive event swag. Food and gift cards were also used to incentivize attendance among many of the groups. As the project progressed, two recurring themes arose that Community Partners were hearing in the community. Community members across the City had concerns regarding safety and ownership of assets in the final development, particularly around the incubator space. During the September 2021 community meeting, the Brooklyn Center Chief of Police and a community police officer joined the Community Partners’ meetings to solicit concerns about safety. Many of the Community Partners expressed that having a closer relationship with the police department could help curtail criminal activity and called for a safety plan to address installing more lighting and cameras and promoting relationship building between the community and the police department. During the October 2021 Community Partners’ meeting, a discussion was held on the need for the incubator space and interest in owning space. The Community Partners wanted to better understand how they could own space. Representatives from the Alatus team were present to hear their interests, but no discussion was held regarding next steps. However, a second phase of engagement activities has been planned that will solicit comments from Community Partners on the design of the space. The incubator engagement process for design will begin in February 2022. Community Partner Meeting Project Management Meeting Type Pilot Opportunity Site Enagagement Report 11 The Task Force was devised to develop a community benefits plan utilizing the input gathered during the community partner engagement activities. The community benefits plan is an agreement between the City and the community that reflects what the community and City government mutually desire to see developed at the Opportunity Site. The plan is meant to serve as not only a policy document for future development but also a contractual agreement between the citizens and the City government to ensure that the plan does not deviate from its original intent. The Task Force is made up of 12 members from the community. Applications to serve on the Task Force went through ACER, a local community-centered organization that worked hand-in-hand with the Task Force. Alatus is the chosen developer for the first phase of the Opportunity Site. As a priority for the City, input from community engagement activities would be used to inform the program and design of the Opportunity Site. The Development Team met monthly with the Community Partners to hear feedback received from engagement activities and demonstrate how their input was being used in the development. Input from community engagement informed the development in several ways. The development will provide opportunities for new, affordable housing for Brooklyn Center residents so they won’t be displaced. In our selection for a general contractor (GC), the utilization of BIPOC GCs, subs, and labor is a high priority for us, and our track record in this regard is very good. Our residents frequently don’t have access to cars and certainly don’t have multiple cars, so public transit and walkability are high priorities for us as well. The proximity and availability of child- and family-friendly amenity spaces are also of value, and the design includes many of those, including multiple opportunities for public art. That said, ownership and the wealth- building opportunity that presents should probably be incorporated into the next phase of the development. We are listening. The original plan for affordable housing was affordable housing. Meeting with Task Force Meeting with the Development Team Pilot Opportunity Site Enagagement Report 12 The community engagement technique that was employed was designed to gather feedback from the community using trusted community leaders who already had existing relationships with the community. In a community as diverse as Brooklyn Center with more than xxx ethnic groups, it was important to the City to remove any barriers that could have prevented input gathered, including barriers regarding information about the Opportunity Site, lack of real estate development knowledge among the community partners, and technical assistance. The community engagement manager worked hand-in-hand to provide assistance through the following: The Community Partners took part in various engagement activities, including door-knocking, focus groups, virtual and in-person town hall meetings, and surveys. Despite the engagement technique, a recurring theme was found throughout the community. Each community expressed a high level of need for affordable housing, home ownership opportunities, safety, incubator space, cultural and outdoor space, more international market spaces particularly for food, and art reflective of their diverse community. Collectively, the Community Partners engaged nearly 2,000 Brooklyn Center residents and more than 60 businesses. The following report details their engagement activities and provides community feedback regarding desired community benefits, concerns, and opportunities. Resources Provided Summary of Community Engagement Activities One-on-one meetings Guides of what to focus on Background information about the project Meetings with the Development Team Depository with examples Peer-to-peer support (community partners were encouraged to share their best practices with each other, and many used what was shared). Pilot Opportunity Site Enagagement Report 13 ABOUT OUR COMMUNITY PARTNERS MN Zej Zog empowers the Hmong community by nurturing the Hmong language, healing through the arts and wellness, and education across generations. MN Zej Zog grew out of extended grassroots efforts over the last decade and finally turned our passionate work into a nonprofit in 2020. The board at MN Zej Zog is 90% Hmong-led, made up of dedicated educators, parents, and youth leaders. Our grassroots network has more than 200 Hmong professionals and has impacted more than 10,000 Hmong people across the United States for the last decade. Our collaborations among six primarily volunteer-based programs emerged in response to direct calls from Hmong youth, parents, and educators for resources related to Hmong language revitalization through Hmong language and culture education (National Coalition of Hmong Language Educators), Hmong arts and cultural education (Voice and Power with the Arts), Hmong youth leadership and power-building (C.L.I.M.B. Youth Program), Hmong community mental health and wellness education (Project Tshav Ntuj), Hmong MN Educators Support (MN Hmong Educators Coalition), and our most recent initiative (Making the Brooklyns Our Home). The thread that connects these efforts is recognition of the power and impact of Hmong language and culture revitalization and sustainability in recognizing and healing the mental and emotional impacts of intergenerational traumas experienced by the Hmong community’s survival of genocide, family separations through refugee displacements, and socioeconomic and racial barriers experienced as multilingual immigrant people of color in the United States. MN Zej Zog’s primary concern is bringing Hmong community visions for social transformation to life by supporting community-driven initiatives and leveraging the extensive social fabric of the Hmong community to organize, communicate, teach, and strengthen in ways that support Hmong language and cultural knowledge, hope, healing, and mental-emotional wellness. What We Do at MN Zej Zog MN Zej Zog Pilot Opportunity Site Enagagement Report 14 Some of our 2021 activities to create social transformational changes this year include national and local initiatives—arts and healing sessions, virtual Hmong film showing, healthy eating at the Brooklyn Center Thursday Farmers’ Market, virtual kwv txhiaj/lug txhaj class, national professional development training on Hmong Ethnic Studies and Hmong Leng/Ntsuab curriculum, collaboration with the City of Brooklyn Center and Brooklyn Park to make the Brooklyns more like home to the Hmong people, Hmong New Year celebration in Brooklyn Park, QPR training, a virtual mental health concert, and more. Furthermore, MN Zej Zog’s community organizing efforts leverage the commitments shown across the community, led by Hmong community member leaders who have long-standing relationships with and investment from youth, parents, and educators to shift narratives and make changes to the fabric of inequality and harms the Hmong community has experienced since being settled as refugees in the United States. Nonetheless, the connecting thread of these is the role of language revitalization and reclaiming cultural knowledge. Not only is bilingualism and intercultural knowledge kept strong in the community, they also create space to recognize the mental health impacts of intergenerational trauma in the community because Hmong educators and parents are the first line for identifying warning signs and efforts to self-medicate. When MN Zej Zog was approached with the task of taking on this project, our hearts knew it was the right thing. With the large number of our board living in the Brooklyns or having made Brooklyn Center their homes in the past, we had a strong commitment with ties to the City and knew the rich assets of the Hmong-American and Asian-American communities that reside in Brooklyn Center. Our Whys Pilot Opportunity Site Enagagement Report 15 MIND The Minnesota Institute for Nigerian Development (MIND) represents all Nigerians in the state of Minnesota. While it is common to see other organizations in the Nigerian community, they represent different ethnic groups. The country of Nigeria is made up of more than 250 languages and dialects, so it is not surprising to see organizations represent some of those ethnic groups. However, MIND is the umbrella organization that represents all Nigerians with all its ethnic groups. It is estimated that 15,000–20,000 Nigerians call Minnesota home. About a third of this population live, work, play, or have businesses in Brooklyn Center and Brooklyn Park. We as a community interact with both cities due to their proximity. Because of the number of Nigerians who reside in Brooklyn Center and Brooklyn Park, many activities are hosted there, be it sports tournaments, parties, or shopping. Our culture, tradition, and way of life dictate that we gravitate to where our people are. The Brooks, as we call Brooklyn Park and Brooklyn Center, have a vibrant Nigerian community. Perhaps this is one reason we partnered with Brooklyn Center to facilitate and engage our Nigerian community in the development of the proposed Opportunity Site. With this new development, we believe that more of our Nigerian families will move to live, work, or have a business in Brooklyn Center. Nigeria is a country of cultural, ethnic, and religious complexities. It is the harem of natural and human resources with vegetation that is very diverse and inhabitants who number more than 200 million and speak well over 500 languages and dialects. Abroad, it seems as though the only thing connecting people of this great country is their common passport as Nigerians. It became very apparent, therefore, that these people must connect in this foreign land, especially because others (governments and other parastatals) see us as one people from the same continent, same country, and same race. We also noticed that many Nigerian organizations were springing up based on their ethnic or tribal lineage, making it almost impossible for us as people from the same country to come together as one. Further, this division was causing a rift between us, a rift that was defined by ethnic and religious undertones. Nigerians were getting further and further apart as the need for us to come together became more and more imperative. At the start of the 1980s, a group of well-meaning Nigerians who were eager to bring all Nigerians of different creeds and languages under one umbrella in Minnesota came together to form what is now known as the Minnesota Institute for Nigerian Development (MIND). The organization became the great connector and unifier of all Nigerians, friends of Nigerians, and their affiliates in Minnesota. Giving the organization a name like “institute” for development makes it all the more important to see it also as a learning institution where we learn more about one another, our language, our cultures, our norms, and our traditions, and to support the growth and development of all Nigerians. Minnesota Institute for Nigerian Development MIND’s Objectives and Reasons for Participating in the Opportunity Site Project Pilot Opportunity Site Enagagement Report 16 This umbrella organization for all Nigerians then became the unifier and also the clearing house for everything Nigerian. MIND is a 501(c)(3) nonprofit organization established in 1988 and officially registered with the state of Minnesota in 1994. The organization now draws its membership from all Nigerian ethnic and cultural groups living in Minnesota. Membership could be individual or representative of other subcultural organizations. Although membership is open to every Nigerian in Minnesota, the organization draws from the community that comprises academia, educators, physicians, nurses, entrepreneurs, administrators, and, of course, college students, to mention a few. The organization’s members have laudable human capital and experiences they pull together to tackle community challenges as they arise. Its purpose is defined through its mission and vision statements. Its mission is to provide a platform that allows Nigerians and other groups to become productive citizens culturally and economically. Its vision is to be the umbrella organization for Nigerians in Minnesota that fosters unity through social, educational, and economic development. Minnesota Africans United was started in 2017 after several years of seeing that support, education, and empowerment were needed in the African immigrant community in Minnesota. Our first meeting brought leaders from 26 African countries to discuss the importance of an umbrella organization that would work to represent the needs of the 54 countries represented in Minnesota and strengthen their communities. These leaders brought knowledge and energy to help build this organization for Africans who now call Minnesota home. Soon after, Minnesota Africans United was created. It is an umbrella organization for African immigrants in the state. As the organization has grown, it has become a unifying force for African immigrants, centering on closing the many racial inequity gaps that burden the state such as housing stability, workforce, and economic development, which is the engine of wealth building for our community. Our work is simple: we create opportunities for African immigrants to succeed in life through local and national partnerships. It is our goal to unite and bring prosperity to African immigrants in Minnesota by helping close the opportunity gap, provide small business development opportunities, cultivate and develop African leaders in the community, maintain cultural traditions, and leverage resources to improve Minnesota as a whole. We are interested in working on the Opportunity Site because we know there are thousands of African immigrants who live in Brooklyn Center, and we want to make sure their voices are heard. Our ultimate goal is to engage the community so everyone will understand there will be a place that will offer opportunity in Brooklyn Center that may lead to jobs, business startups, housing development, enjoyment, and networking. Minnesota Africans United Pilot Opportunity Site Enagagement Report 17 We started the Minnesota African Coalition to close the communication and resource gap between our community and the rest of Americans. We believe that building the capacity of African immigrant businesses and nonprofit organizations will position our community to utilize the opportunities available to them to live the American dream. Minnesota African Coalition (MAC) Become the development and empowerment tool for every Minnesotan, especially African immigrants, to live a fulfilling and satisfying life in the United States. Represent a collection of various minority as well as immigrant-owned enterprises from the African diaspora. Support African organizations in Minnesota through the Africa Resource Center (ARC), improve the life of every African in this great state, and empower us to contribute our full potential to the community development where we reside. Our mission is to: MAC has evolved to be a reliable partner with the City of Brooklyn Center and a fierce advocate of the marginalized communities in the city. MAC has hands-on experience working with African immigrant community groups that have been historically marginalized and left out of traditional community engagement and public planning processes. We have built trust with these communities through continuous collaboration and interactions with community organizations, businesses, individuals, troubled youths, concerned mothers, single moms, leaders, and involvement in small and big community-based projects. We have partnered with church leaders, community-based group leaders, and other nonprofit organization leaders in the African immigrant communities to reach out to the underserved and underprivileged members of these communities. In this project, MAC collaborated with OLM, Mwanyagetinge, and Paadio for the deliverables. We have participated in volunteering for the Opportunity Site in the past two years. We volunteered extensively in the drafting of the Master Plan and made considerable input to shape the outcomes. We believe that underrepresented communities should have adequate access and opportunity to participate in life-changing developments such as the Opportunity Site. We not only participated in the project but also were instrumental in bringing in other organizations to team up and do this project. That helped the City reduce duplication and redundancy. Pilot Opportunity Site Enagagement Report 18 The Liberian Business Association in the diaspora was founded to aid, counsel, assist, and protect the interests of small and micro businesses while working to preserve free competitive enterprise. We engage in advocacy, partnerships, and projects that promote entrepreneurship, build business capacities, and foster dialogues on economic development and private sector issues and challenges with the goal of promoting solutions and best practices that lead to sustained economic growth and private sector empowerment. LIBA works with minority businesses, especially African immigrant small and micro businesses nationwide. The African immigrant community is an emerging community in the northwest suburbs, and many LIBA members are African immigrant businesses. Brooklyn Center is home to many of these businesses. For example, the 3300 building on County Road 10, the 5701 building, and the 5901 building are host to most of the African immigrant businesses. Apart from the businesses with office spaces, the retail businesses stand to benefit from the Opportunity Site Project since most of the spaces in those buildings were not meant for the kind of retail currently there. LIBA was started in 2007 in Maryland. The Liberian immigrant population began to increase in both the DMV area and Minnesota. A small group of Liberian business owners came together to form an association to do three things: identify all Liberian-owned businesses in the diaspora, share resources and best practices among members, and leverage the collective potential. From 2007 to 2015, the association struggled to identify resources to carry on its work. In 2016, the leadership decided to reconvene and reestablish its headquarters in Minneapolis, Minnesota, with the same objectives and focus. The difference this time was that Minnesota hosted the largest concentration of Liberians in the diaspora. Although Liberians were the largest African immigrant community in the northwest suburb, LIBA recognized the need to open its doors to other African immigrant and minority business communities. Though LIBA still maintains the name, the association is open to all minority businesses in the country. The mission of LIBA is to aid, counsel, assist, and protect the interests of small and micro businesses while working to preserve free competitive enterprise. We engage in advocacy, partnerships, and projects that promote entrepreneurship; build business capacities; and foster dialogues on economic development and private sector issues and challenges, with the goal of promoting solutions and best practices that lead to sustained economic growth and private sector empowerment. LIBA’s goal of working with the City of Brooklyn Center regarding the Opportunity Site is simple: LIBA believes in the process and understands the benefits this opportunity brings to both the City and the business community. When asked by the City to do the promotional video, LIBA Executive Director Jackson George agreed and produced what is now the video the City is using to promote the project. LIBA enjoys a partnership with the City and sees the City as the fair and equitable partner. This project is rich with LIBA participation. LIBA Pilot Opportunity Site Enagagement Report 19 The Brooklyn Bridge Alliance for Youth (BBAY) is a quasi-governmental intermediary organization formed in 2013 by nine public partners that serve youth in Brooklyn Park and Brooklyn Center. Much of our youth engagement work is shaped by your Youth and Community Engagement Policy and our efforts in assessing and evaluating the needs of young people in Brooklyn Center and Brooklyn Park. Our interest in this work stems from the large potential impact that development can have for youth in our communities. We were also invited by the City of Brooklyn Center to engage with youth populations within Brooklyn Center to further inform the development of the proposed Brooklyn Center Downtown Masterplan. This work was a direct continuation from previous engagement efforts completed by the BBAY during the Fall of 2019 where we asked the central question, “What do you want to see in Brooklyn Center in 2040 that would help you reach your fullest potential, stay in Brooklyn Center and build an awesome city?” The following list below were four major themes that emerged from those initial efforts. During our time with these students, we silently noticed a disconnect between their uninhibited desire for development that included retail and corporate eating options and their strong importance around affordable and expanded housing for community members. We realized that these students were uninformed around the potential housing inequities that can arise from development. To address this potential issue for this iteration of engagement, we shifted our approach to focus on community- and relationship-building with the youth we were engaging with. This was partly so we could have more time with youth to inform students on the potential impacts of development (both negative and positive), but also to understand our youth community-members at a deeper level beyond going to them and asking about their opinions on the proposed masterplan. We wanted to be able to build a foundation of trust and belonging as it was important to us that they felt received, seen, and comfortable. Our engagement with youth was made possible through strong partnerships with Brooklyn Center Community Schools Independent School District 286. Special thanks to Dr. Constance Robinson, Longkee Vang, Megan Custer, Andrea Guinn, Lauren Fairlie, Angel Smaller, Jacqueline Hayden, Choua Lee, and other staff at both the Brooklyn Center Early College Academy and Brooklyn Center Secondary School for enabling us to do successful outreach. Alongside that strong partnership was the strong work from our summer youth interns, Shreya Bika (Champlin Park Senior High), Kai Johnson (Brooklyn Center Secondary School), Joana Enriquez Lopez (Brooklyn Center Secondary School), and Mercy Nyamao (Osseo Senior High) who helped with initial outreach and designof the engagement approach. Lastly, special thanks to Community Mediation and Restorative Services (CMRS) for providing meaningful training in healing and community circles. Brooklyn Bridge Youth Alliance Investing more funds into schools and education Expanded Retail and Entertainment Options Affordable housing opportunities and expanded housing Community Spaces for Youth and Families to bond 2019 Themes: Pilot Opportunity Site Enagagement Report 20 COMMUNITY MAKE-UP In the mid-1970s to the late 1980s, several hundred Hmong families settled in Minnesota throughout the St. Paul and Minneapolis areas. The Hmong families who settled in Minneapolis primarily lived in North Minneapolis in the projects or Section 8 housing. Many Hmong households consisted of multi-generational members along with both immediate and extended families. They did this to help save money and help each other get ahead. Over the last two decades, many Hmong families were in search of better neighborhoods to raise their families as families moved up in socioeconomic status and/or the City of Minneapolis no longer met their social and community needs. These needs caused many families to move into the Brooklyn Center and Brooklyn Park areas in the late 1990s since the homes were affordable and rambler homes met the needs of one-level living spaces. Today many families who moved to the area more than 20 years ago still reside in Brooklyn Center. Currently, the City of Brooklyn Center has an Asian population of 16%; we believe Hmong is the majority ethnicity represented in that total population. The approximately 15,000–20,000 Nigerians in Minnesota seem to be gravitating to the Brooks as a viable option for housing, shopping, and business destination. As a result, it is our humble ambition to be part of this wonderful and potentially rewarding endeavor to work on the Opportunity Site. It will not only be beneficial for Nigerians in Brooklyn Center but it will also draw more Nigerians to this very warm, welcoming City that many are already calling home. The Hmong in Brooklyn Center MIND Pilot Opportunity Site Enagagement Report 21 Minnesota Africans United is focused on engagement with the African immigrant community in Brooklyn Center. According to national data, there are roughly 8,700 black or African American residents who live in Brooklyn Center; we expect a third of those are African immigrants. Liberians, Kenyans, Nigerians, Somalis, Guineas, Ethiopians, Ghanians, and Gambians are the most represented African countries in Brooklyn Center. These individuals are well-established in Brooklyn Center, and many own their homes, small businesses, and restaurants. Many are devoted to their religion, representing Catholics, Muslims, Pentecostals, and non- denominational groups. Many work in healthcare and hold a variety of positions. Others are entrepreneurs. They like to socialize and attend or host events focused on their traditional cultures through food, dance, and entertainment. Many speak their African dialect in their households and in public among themselves. Many speak broken English, thus creating a language barrier with other cultures in the community. Many enjoy sharing about their lives on social media. Their preferred social media app is WhatsApp, and they have many friends and family groups on the app. They are proud of their children. They value family, eating together, and sharing with one another. It is often known that these communities engage and support each other first. Children call those who are older their aunties and uncles, whether they are blood related or not. Our Opportunity Site engagement in Brooklyn Center focused on the African immigrant community. According to Census.gov, blacks make up almost a third of the entire population of the City at 29%. Although we do not have an exact number of African immigrant population in this mix, we believe it is substantial. In our remarkable survey for the Opportunity Site, out of 85 respondents, 23.5% identified as African American, 22.2% as whites, 20% as African immigrants, 20% as Liberians, and 10% as blacks. Minnesota Africans United Minnesota African Coalition Pilot Opportunity Site Enagagement Report 22 African immigrants like to socialize and use any opportunity to throw parties such as birthdays, naming ceremonies, baby showers, wake keeping, and weddings. They send for parents who visit from Africa, fundraise, and plan anything you can think of. That is why there was strong interest in the Opportunity Site. The average income of blacks in the City is $36,000, which is substantially less than white income in the City. From the work of NEOO Partners and ACER Inc. on the Brooklyn Center Entrepreneurship Market Strategy, “more than 50% of the occupied units paying rent in Brooklyn Center pay 30% or greater of their housing income on rent.” That is why the Opportunity Site is so important since it will provide housing choices that are affordable and accessible to low-income renters. Another important characteristic of African immigrants is the desire to own houses. From our online survey, door-knocking, focus groups, and town hall meetings, it was a recurring theme—how to own a house in the Opportunity Site. Although the Opportunity Site Pilot Project does not include housing development for ownership, it is important for the City to incorporate a home ownership model in the context of the development plan in the Opportunity Site. The Liberian community has over 40,000 Liberians in the state of Minnesota and approximately 150 businesses in the LIBA network. Within the LIBA network Africans speak over 300 languages including 16 Liberian languages, Over 78 Nigerian languages, Cameroon, Ivory Coast, Sierra Leone, Ghana, Togo, Guinea. Brooklyn Center is rich in diversity especially amongst cities in the state of Minnesota, with more than 55% of its population of 33,700 comprised of residents of Color (US Census, 2020). This is enriched further with the youth population of 9,700, where 70% of youth under the ages of 18 are youth of Color (American Community Survey, 2014). Many of these youth are first-generation or second-generation students who may also speak other languages at home such as Oromo, Swahili, Somali, Spanish, Hmong, Lao, Vietnamese LIBRA Brooklyn Bridge Youth Alliance Pilot Opportunity Site Enagagement Report 23 ENGAGEMENT ACTIVITIES AND FEEDBACK In homes that did not open doors but were home to residents who were not home, we left Opportunity Site materials with translations and information on how they can follow up with our organization if needed. With COVID-19, we know that some families are hesitant to open doors to strangers who are wearing masks. From October 16 to November 6, 2021, from the fall weather to colder November temperatures, our team of three staff walked through the streets of Brooklyn Center to speak to 216 Hmong households, with a 60% success rate of speaking to residents. We had strategies in place to ensure that we hit the numbers needed in the time frame given. We learned that the majority of Hmong resided in the Brooklyn Boulevard and 63rd corridor of Brooklyn Center. Here’s what we asked adults we spoke to who ranged in age from their 20s to their 60s: MN ZEG ZOG Door Knocking Pilot Opportunity Site Enagagement Report 24 Responses – Door-Knocking 99% of residents have not heard about the Opportunity Site (OS) 95% positive feedback about the OS; excitement for the new development Some worry about: Excitement about: Retirement: Hard for working class parents to see when they can retire, but most likely they will retire near their children or in the South where the temperatures are warmer. Many are long-time residents who are going nowhere because Brooklyn Center is home; however, they would like the City to make improvements and investments by developing and having opportunities for engagement, including: 1. Safety in the City and how to keep up with safety with the new downtown 2. Affordable housing may increase possible rise in crimes from inner city 3. Traffic control – residents were worried that the streets are currently not big enough to sustain the projected traffic and wondered what the City’s plans are for this 1. The opportunities for home business owners to thrive and own their own business. How will the OS impact current businesses? 2. Event center – needs of the diverse community in a space large enough to fit friends, families, and community; love the idea of allowing caterers from the community 3. Opportunities for the Hmong in St. Paul who need affordable housing so they can move to Brooklyn Center 4. Possible new and more diverse retail shops and restaurants that are more representative of the residents of Brooklyn Center 1. Positive relationships with law enforcement 2. Workshops offered by the City to help homeowners with programs, loans, and potential hazards (mold, asbestos, etc.) 3. A large percentage of elementary age students in Hmong charter schools and their parents would like local school districts to offer Hmong language programming from K–12 to meet their needs 4. Senior housing specific for cultural groups, whether they are different cultural groups in different corners of the same level space or different levels with specific cultural groups, then a multi-cultural space for all to convene and share their similarities to build community 5. Asks: 99% of residents ask for an international market square where diverse food and cultural vendors are welcomed and supported Please feel free to share both of these translated OS documents. It took a lot of hard work to translate academic vocabulary that did not exist in the Hmong language. As always, when sending out translated materials, make sure to include both language documents. Here’s the link to the Hmong OS translated documents: Hmong final: Meeting in a Box and Hmong final: OS One-Pager With more than two decades of engaging with the community, we knew we had to be strategic about how to engage the Hmong community at events. With the help of our Hmong youths and artists from the community, we were able to bring out 300+ people to two events we created to bring the community together and inform the Hmong community about the Opportunity Site. We also were part of two other events to share the OS with the community: Arts in Autumn, the Hmong New Year at the Brooklyn Park Community Activities Center; and the Opportunity Site Community Meeting. Pictures speak a thousand words. Our first event in the community was the Arts in Autumn where we tabled at Palmer Lake Park to share about our organization and spread important information about the OS project. We met local community members who did not know much about the OS and were interested in learning more. The Center Mash Up was to kick off the excitement of introducing the Opportunity Site to the Hmong Community. Lilly Vue, our youth intern, shared her experience that cold, fall evening, talking to local folks about the Opportunity Site. Lilly remembers that day like it was yesterday. It was an amazing turnout. Many students and their families arrived even though it was extremely cold. Lilly was nervous, but the more she spoke about the Opportunity Site, the more excited she became. Although the evening was cold, Lilly felt warm talking to folks. The amazed expression on people’s faces when Lilly mentioned the Opportunity Site was rewarding. Lilly recalls asking a family who stopped by the booth if they were from Brooklyn Center. The Family replied yes. After explaining the Opportunity Site, the family was extremely shocked and amazed. The family stated, “Wow! We live in Brooklyn Center and haven’t even heard about this place. We are excited to see the outcome. Thank you for the information.” Lilly felt incredible that day as she educated the Brooklyn Center Hmong community about the Opportunity Site. Translated OS Documents Culturally Specific Events Pilot Opportunity Site Enagagement Report 25 Pilot Opportunity Site Enagagement Report 26 The event showcase started with an Opportunity Site excitement over a book release and a hip-hop break dance show performance with out-of-state and local performances all in one. CCX News stopped by to capture the excitement. Our next stop was the Hmong New Year in Brooklyn Park, hosted by MN Zej Zog and the City of Brooklyn Park. We had a table for attendees to stop by to learn more about the Opportunity Site. Lilly Vue remembers a memorable conversation with a Hmong man. Every time someone came up to Lilly, they asked, “What is the Opportunity Site?” But this man said, “It’s wonderful what you guys are doing.” Lilly asked him, “Are you from Brooklyn Center? Have you heard about the Opportunity Site?” The man answered yes and then showed Lilly his work badge. He worked for the City of Brooklyn Center. Lilly was amazed and surprised to see someone from the City supporting MNZZ. Lilly felt even more confident seeing how much support MNZZ has. It was a fun-filled night to remember. In addition to the tabling, the Hmong New Year show lineup featured 279ONLINE students who narrated a skit in the Hmong language, weaving in a Hmong family speaking to Lilly about the OS and later fatality battles from COVID-19 inspired by true stories. Four days after the Hmong New Year, MN Zej Zog hosted a Thanksgiving Bingo afternoon with a chance to engage about the OS. Although it was a smaller turnout compared to the other events, there was time for deeper discussions that were meaningful and fruitful. When asked what is missing from Brooklyn Center that could potentially be included in the OS, participants shared the importance of having great diverse food that is easily accessible instead of driving to St. Paul. Pilot Opportunity Site Enagagement Report 27 One participant expressed, “It’s important we not only have a Hmong village similar to St. Paul but something more diverse to meet the needs of the city.” The importance of having senior living spaces that reflect the community also surfaced as a need to prepare for the elders and make them feel at home instead of going all the way to St. Paul for the senior day programs. Donations of gift prizes were made possible by private donations. In response to the need of the Hmong community to get information about the OS in various formats, we worked with the developers in collaboration with 3HmongTV to carry out a segment about the OS so the Hmong community can learn more about it. Hmong elders are more engaged via YouTube, so this platform also works for them. An article will be published in the Sahan Journal about MN Zej Zog’s experience, along with other perspectives on the OS by Katelyn Vang, a journalism student at the University of Minnesota. Look for it in the near future. Finally, we invited residents to a community OS event on December 8 at the Brooklyn Center Community Center. One local business entrepreneur learned how that could impact her business and the potential to grow her business with the new OS development. Unfortunately, we were not able to host our last community event due to multiple postponements and cancellations at the last minute. Pilot Opportunity Site Enagagement Report 28 Though the goal was to reach 50,000 in a targeted audience through our social media outreach, we have reached about 15,000 people. Note that this was during the height of the Facebook ad interruption. We struggled with figuring out why some ads were not posted or did not reach as many audiences. With the busyness of the fall, we found it hard to conduct focus groups with local Asian businesses. Instead, we strategized to do what will work for the community. Our first set of businesses was local farmers. On a brisk Saturday morning, our team headed to the Saturday farmers’ market to speak to vendors, many of whom are elders who farm for their mental health and live locally in Brooklyn Center. Some come from as far as St. Paul to do business. Some of the vendors have been there since the opening of the market, while others are newer there. When asked by more than a dozen Hmong farmers to see if they have heard of the Opportunity Site, the farmers said it was all new to them. While some were excited about the Opportunity Site and what potential it could mean for business opportunities, others were more concerned about the financial impact on their businesses. One farmer shared how he and many others left the Minneapolis Farmers’ Market because of multiple costs associated with parking, space fees, bathrooms, and so on. It wasn’t feasible anymore, so he came to do business at the Sun Foods Farmers’ Market instead. If the OS has a farmers’ market space, the fees must be low so the farmers can make ends meet. In addition, bathrooms are a must. Furthermore, an all-season farmers’ market is a must to provide fresh farm produce to local residents. We spoke to a dozen local Asian businesses in Brooklyn Center. A vast majority of the business owners were interested in what OS could bring to their business and wondered if existing businesses would get the first chance at new opportunities that come from the new developments. They felt that OS could drive more business for them, which would, in turn, increase revenue and possibly bring new brick-and-mortar opportunities as well. As exciting as that may sound to business owners, the price point was also a major concern. They felt the new development would mean automatic increases in taxes, along with increased cost of goods. Nonetheless, businesses felt the new development is an exciting opportunity and is greatly needed since the City currently feels run down. Social Media Outreach Business Interviews Participating in the OS community engagement was a rewarding project that MN Zej Zog is proud to be part of. Engaging with community members through grassroots efforts such as door-knocking required a lot of planning and boots-to-the-ground work. The direct contact with local residents was both refreshing and very eye-opening, particularly in how residents truly feel about living in Brooklyn Center and their desires to see the City evolve so they can continue to remain residents of Brooklyn Center. Residents are vested in this City and are eager to see the City grow. Observations/Closing Comments Pilot Opportunity Site Enagagement Report 29 MN Zej Zog is honored to have been selected as a partner with the City of Brooklyn Center to serve and engage the Hmong community about the upcoming changes and new developments. We felt that the City’s willingness, desire, and commitment to connect with community members shows their good faith in truly creating something that represents the voices of the different and unique residents of Brooklyn Center. We believe the efforts put into this initiative by the City as well as other local agencies will make the Opportunity Site a success if plans are followed through on as promised. Attendance at events: Focus group discussions and community engagement were adopted for the gathering of data collection. First, two focus groups were held virtually. For each one there was a PowerPoint presentation detailing what the Brooklyn Center Opportunity Site is all about and what the participants were expected to do. After each presentation, participants asked some questions and made some comments, ranging from what the Opportunity Site is all about to how affordable the housing project will be to concerns about the fate of small businesses. A link to the online questionnaire was posted, requesting participants to click, respond to the items to the best of their ability and knowledge, and summit. Eleven and seven people, respectively, participated in the first and second focus group discussion activities. Eight participants completed and submitted their questionnaires. Due to the low turnout in the focus group discussion events, we decided to focus on community engagement events. Fortunately, the Brooklyn Center community had a Halloween celebration event at the time of this study. As a result, we subscribed to a stand during this event. With a synopsis of the Opportunity Site and a flyer with QR code, we made a series of “curbside” presentations to small groups and individuals as they visited our stand or as we intercepted them at the main event registration tables. After the short presentations, participants were advised to scan the code, follow the link, complete it, and submit the survey. With evidence of submission displayed on the participants’ phone screen, they were instantly rewarded with a gift card. There were two of these events—on Halloween and Black Friday. MIND Focus Group MN Zeg Zog Other Community Events 1. Mash Up with OS: 310 people 2. Hmong BINGO with OS: 8 people 3. Dec Parent Meeting at New Millennium Academy Hmong Charter School was canceled twice (in Nov and Dec) 1. Arts in Autumn: 35 people 2. Hmong New Year: 250 people 3. OS Meeting in BP: 3 people Pilot Opportunity Site Enagagement Report 30 A total of 101 participants completed and submitted the questionnaire. Among the respondents, 75.1% stated that they live in Brooklyn Center compared to 26.9% who said they do not live in the City. On the other hand, 79.6% said they do not have a business in the City compared to 20.4% who said otherwise. Also, 63.4% were black or African American, 23.8% were white, 8.9% were Asian, 3% were American Indian or Alaskan, and 1% indicated six other categories. In responding to items relating to the residential needs of the community, 35 (34.7%), 42 (42.6%), and 24 (23.8%) indicated that their household size is between 1–2, 3–4, and 5and above, respectively. Also, 37 (36.6%), 60 (59.4%), and 4 (4%) further indicated that the number of bedrooms that will meet their needs are 1–2 bedroom, 3–5 bedrooms, and 5 and above, respectively. An overwhelming majority, 83, (82.2%), stated that it is important that every member of their household has his or her own bedroom. Among the respondents, 48.5% agreed that the present cost of housing in Brooklyn Center is affordable as opposed to 30.7% who disagreed and 20.8% who were undecided. In contrast, 59.4% agreed that the housing cost in the City was expensive, while 22.8% disagreed, and 20.8% had no opinion on that. For the issue relating to the economic developmental needs of the community, among other things, 50 (49.5%) said there is enough places to shop for everyday needs, while 30 (29.7%) said there is hardly enough, and 21 (20.8%) said there is not enough places to shop for everyday needs. On how the Opportunity Site can support local businesses, 52 (51.5%), 46 (45.5%), and 39 (38.6%) said the City can support small businesses by creating small business opportunities, providing small business soft loans, and providing affordable stalls, respectively. Also, the overwhelming majority, 84 (83.2%) prefer childcare facilities to be located in their neighborhood. On parks and open space needs, 76 (75.2%), 23 (22.8%), and 6 (5.9%) said it is very important, important, and not important, respectively, to have parks in their neighborhood. The overwhelming majority agreed that is important to have a space for their pets as well as community gardens. On community benefit, 92 (91.1%) of the respondents considered it very important or important to establish a unique cultural identity. Similarly, 97 (96%) of the respondents consider it very important or important to have ethnic businesses in the City. The same number, 97 (96%), of respondents had the same opinion about having a cultural center in Brooklyn Center. Finally, the overwhelming majority of the respondents agreed that there is enough transportation in the City and also agree that it is very important or important to residents of the City. Survey Responses Pilot Opportunity Site Enagagement Report 31 The work we did for the project started with a WhatsApp group. We created it for individuals, families, and businesses of African immigrants who live in Brooklyn Center. We uploaded updates about meetings and activities, and collected opinions and feedback on the project. It was also through this group that we sent out surveys. We used this group as a way to engage others to join the Opportunity Site Project. Minnesota Africans United On October 18, our subcontractors Off the Blue Couch and Peace Global Health Foundation hosted a Facebook Live event for all who live, work, worship, and play in Brooklyn Center to discuss the Opportunity Site. There were 24 attendees, and the feedback we received was that African businesses in Brooklyn Center deserve an opportunity to prosper, and the site is that opportunity. https://www.facebook.com/111109707258226/videos/466851021706200/ On October 26, our subcontractor Ignite Business Investment Groups hosted a Zoom virtual information session to discuss the site. The session was informational based on how the project may support small business owners. We discussed how our community could help fulfill the City’s mission to address everyone’s needs. The group meeting was so large (25 attendees) and the time so limited that not everyone had a chance to speak. Those who were able to speak gave feedback on supporting financial literacy and planning, as well as home ownership opportunities that this project may be able to offer. Moving forward, Ignite Business Investment Groups will work with ACER (African Career, Education, and Resources) to develop a survey for all attendees. On October 27, our subcontractor Triumph Graphics hosted an in-person event at the Brooklyn Center Community Center. This event focused on entrepreneurs, small business owners, residents of the city, and children—all who love or are connected to the arts. There were four attendees at our October event. We discussed opportunities for arts at the site. Feedback we received is that the City should build an area where people of all ages can engage in different forms of art at a reasonable cost. The pictures and images represented at the site should be diverse and include African immigrants. Art is an important component in the lives of African immigrants, so ways to partner with the community are welcomed. We also discussed a co-area for entrepreneurs and artists to work together for economic development. From this event, we realized that hosting in-person events is still challenging for our community due to COVID-19 and safety measures. However, we will create a survey to send to those who did not show up and provide more information about the new site. On November 6, our subcontractor, a Brooklyn Center community member, hosted a virtual Zoom information session to discuss the site. Eleven business members joined the group and discussed how financial literacy and cash flow can help businesses grow through the use of the incubator. We also discussed that the incubator should provide opportunities to teach and train those who do not have financial literacy and are struggling with their finances. Focus Groups Pilot Opportunity Site Enagagement Report 32 This messaging is important for city members and should not be focused only on businesspeople but rather on the whole community so everyone can benefit. African community members could provide cultural insurance by putting their own shares in people’s businesses, which will take African immigrants to come to this space. We also discussed how people can grow their assets without running a business; therefore, this space should be open for all. We learned that a challenge for community members is that grandparents are not great at being involved in the community, but this space may allow generations to come together. Another challenge is that we should try to refrain from hosting events on the weekends because these are holy days for various African cultures. One of our guests was from KJTV and shared that we can use KJTV to promote this project so other residents of Brooklyn Center can voice their opinions on this project. It was also brought up that the development site can be used as a place to heal and improve mental health for our community. Also, large and small spaces for the building were recommended so a variety of organizations and people can utilize the correct space. Attached is the marketing flyer for the event. On November 11, our subcontractor Peace Global Health Foundation hosted a Facebook Live event for all who live, work, worship, and play in Brooklyn Center to discuss the Opportunity Site. There were XXX attendees. (attach Facebook link). On November 13, our subcontractor Multicultural Kids Network hosted a virtual information session about the Opportunity Site. There were nine attendees, and the feedback we heard was that kids should have a place they call home that teaches them their culture. In December and January, a group of nine African immigrants associated with the Opportunity Site Project took some time to go door-knocking in the community. COVID-19 and Omicron made this difficult as people were hesitant to have in-person conversations, regardless of mask protection. We were still able to connect with more than 100 homes. We did door-knocking in apartment complexes, individual homes, commercial homes, and businesses. During our conversations, we discussed the Opportunity Site and asked for feedback. We also hung flyers around our community and on doors of apartment complexes and businesses to share information about the project. The feedback we received from attendees and the number of attendees were mostly outlined in the description of each event above. Additional feedback we received from door-knocking was that there were several refugees who are hopeful that there will be healing through the arts represented in the Opportunity Site. This is important to them because of their past trauma and difficult life they lived prior to coming to Brooklyn Center. Responses also included the need of family homes to accommodate larger-sized families (4–6 bedrooms). Health and wellness were big components discussed; families were hoping for a gym and weight room that would be available for all ages, including those with disabilities. Because some of these families are already living in poverty or depressed communities, this Opportunity Site would be a place where they could come to get fulfilled and be safe. Finally, feedback was given that this was the first time in many families’ histories in Brooklyn Center that they felt heard and cared about, and that their opinions and interests were valid in the decision-making process. They hope to continue to be involved as the project moves forward. Pilot Opportunity Site Enagagement Report 33 The channels we used to solicit feedback were focus groups, surveys, town hall meetings, door-knocking, and social media. At the beginning of the project, organization leaders and contractors gathered together to discuss their individual plans on how to execute the job as contained in the contract. Our target was community members who would not usually show up at City-organized meetings or events. Our drive was to give every resident of the City a chance for their voice to be heard. Our strategy was to target church services, church events, and other activities to locate those who are associated with the City of Brooklyn Center and engage them. Getting members familiarized with the Brooklyn Center Opportunity Site Project was important in order to get direct feedback from the community about what they want to see developed in the project. That also helped us connect better with more community members. Door-knocking provided us the opportunity to physically go out into the Brooklyn Center community and speak directly to residents. People were encouraged to attend town hall meetings to gain more insight and actively participate in the development project. Door-knocking essentially served the same purpose as town hall meetings except it was a one-on-one experience that was personal and enriching. We created and posted social media flyers regarding the Brooklyn Center Opportunity Site via MAC’s Facebook, community WhatsApp pages, MAC’s website, and Community Instagram platforms. The Opportunity Site Explainer Video ad ran on Facebook, WhatsApp, Instagram, MAC’s website, Paadio website, and community social media platforms. We understand that other organizations contracted for the same projects are doing some of the same things we are doing, so we decided to engage and ask different questions that will provide more value to the overall engagement efforts. The Opportunity Site resulted from tax incentives provided to investors who will invest their capital gains and hold them for more than 10 years without paying taxes on them to the IRS. The Brooklyn Center Opportunity Zone qualifies as one of the economically distressed communities designed to attract new investments, which, under certain conditions, receive this preferential tax treatment. On this premise, we focused on how low-income residents can directly and indirectly benefit from investments in the Opportunity Site. Minnesota African Coalition Door-knocking Focus group meetings (in person and virtual) Town hall meeting (in person and virtual) Online survey Social media We engaged the residents of Brooklyn Center through: Pilot Opportunity Site Enagagement Report 34 We knocked on the doors of 1,205 residents and shared information about the Opportunity Site and specifically the Pilot Project. For those who were willing, we asked their feedback and encouraged them to attend our town hall meetings. We also encouraged them to attend City Council meetings and engage with the City’s actions and policies, which will enhance citizen education, enlightenment, and participation. We printed photo-quality flyers with a QR code for them to keep and scan anytime to: Door-Knocking Participate in the Opportunity Site survey Get updates on Opportunity Site engagement A greater number of those who live in apartments indicated interest in buying from the Opportunity Site, and others generally indicated interest to rent from the development. The general consensus from renters show that rents are increasing beyond their incomes based on their responses to the questions we asked them. In some neighborhoods, a good number of those we visited have not heard about the Opportunity Site development plan. It gave us the opportunity to get to the basics of the Opportunity Site and the value it will bring to the City and residents alike. They were enthusiastic about the Opportunity Site, and a good number of them indicated they would participate in town hall meetings. They were excited to hear that the Opportunity Site would provide affordable apartments. They were concerned about whether low-income families will be given first priority to apply for affordable apartments. They were concerned about having access to the business incubator center since they may need financial and other resources to start a business or scale. Outcomes from Door-Knocking Pilot Opportunity Site Enagagement Report 35 We conducted six focus group meetings. Four were in person, and two were virtual. Almost half of them had not heard about the Opportunity Site development plan. We focused on their understanding of the Opportunity Site and how they can be involved from the planning stage to occupancy, emphasizing the short, mid, and long terms of the project. We asked participants what change they want to see in their community. We wanted to make sure these groups’ voices are heard since they make up a substantial part of the City’s population. Participants wanted to see rent-to-own opportunities and access to different spaces and resources in their community rather than having to commute to other cities for their needs. People wanted communal spaces for kids and families such as parks, community centers, daycares, small businesses, education, and affordable housing, which were just some of their interests in the Opportunity Site development. Focus Groups Meeting Outcome 1. They were concerned that a lot of immigrants and BIPOC community members may not have the resources to pursue the kind of ownership the Opportunity Site provides. 2. There were suggestions of better career opportunities and strong support for small businesses so they can develop the resources needed for property ownership. 3. There is a strong need to educate the residents on property ownership and resources available for them to prepare ahead of time. For those who are not familiar with the Opportunity Site planning, there is a need for ongoing education and discussions to bring them up to date with the Site planning and development. Generally, there was enthusiasm from attendees about learning which ways residents and community members could actively and directly participate in contributing to the Opportunity Site development. There was a strong desire to have a piece of ownership of some kind in the Opportunity Site development: Pilot Opportunity Site Enagagement Report 36 The goal of the town hall meeting was to share information on the Opportunity Site development and the current pilot development. We conducted three town hall meetings in person with a total of 108 attendees. We conducted a virtual meeting with a 1,600-person reach. The attendees were highly engaged and interactive and asked a lot of questions. A highlight in one of the meetings was three men who said they are real estate investors and asked questions about how they can directly invest in the Opportunity Site. We referred them to EDA and the council for direct conversation on investing in Opportunity Site development or City properties. For those who live in apartments, they have a strong desire to buy houses in the new development, although some of them asked if there would be support for them as houses are becoming less affordable. There is great enthusiasm for the community event center. Some wanted to know if they could bring in their own food and even alcohol. There was a lot of excitement and energy around the event center. There is strong support from attendees for local businesses, and many of them advocated for equity to support BIPOC businesses to grow in the incubator space in order to start reducing the wealth gaps. Town Hall Meetings Home ownership or renting in the Opportunity Site – which do you prefer? What does having a community gathering space mean to you? How can the Opportunity Site support local businesses? Some of the themes we discussed include: There was a desire among attendees to continue widespread awareness about the Opportunity Site development, as well as increasing community participation in the early stages of development. Some of them called themselves Opportunity Site Ambassadors. Some participants shared the lack of black contractors and handymen in Brooklyn Center who could provide their services in developing the Opportunity Site and voiced the urgency to train those who are willing to fill in the gaps. Pilot Opportunity Site Enagagement Report 37 Attendees asked about elaborate plans that would ensure that a safe, comfortable, and friendly environment would be established for the community and its residents. Some of the questions were: 1. How will the City continue to engage the residents when this current engagement ends? 2. For self-driven individuals, how and where do they plug in to actively participate in the development of the Site? 3. What is in it for me? We created and posted social media flyers regarding the Brooklyn Center Opportunity Site via MAC’s Facebook, Community WhatsApp pages, MAC and Community Instagram platforms. The Opportunity Site Explainer Video ad ran on Facebook, WhatsApp, Instagram, MAC’s website, Paadio website, and community social media platforms. We reached 70,000+ for the duration of the engagement from Facebook ads targeting Brooklyn Center and the surrounding communities. We created two variations of explainer videos that aired on MAC’s website and partner’s website for the duration of the engagement and throughout the engagement period. The video has a voice-over by African immigrant youths and young adults highlighting the importance of the Opportunity Site for the multiple generations of the African immigrant community in Brooklyn Center and surrounding communities. The explainer is also inviting the African immigrant population to participate in the decision-making process of the Brooklyn Center Opportunity Site. We also did a Facebook Live broadcast with a panel discussing the benefits of the Brooklyn Center Opportunity Site. The broadcast will feature members of the African immigrant communities who educated the rest of the communities on the benefits of the Opportunity Site. Facebook Live broadcasts were featured on several partners’ social media pages. It reached 1,600 on the MAC Facebook page. We updated our partners’ websites with the explainer videos, which will keep running even after the engagement contract has ended. Opportunity Site Video Link Social Media Report There was a wide concern among attendees about understanding how Brooklyn Center residents will be directly affected and/or benefit from the Opportunity Site development. 1. Participants were skeptical that the sentiments of immigrant and BIPOC members of the community would be considered. 2. Participants were concerned about how immigrant and BIPOC members of the City would be impacted by this huge development that will redefine Brooklyn Center. Pilot Opportunity Site Enagagement Report 38 LIBA conducted four focus group meetings with the intent to share, distribute, and gather information and feedback. Three of those meetings were held at the Brooklyn Center Community Center at 6301 Shingle Creek Parkway on November 3, 10, and 17, 2021, and the fourth was held at the LIBA office at 6248 Lakeland Avenue North in Brooklyn Park at its general meeting on November 18, 2021. LIBA used three approaches to gather information and feedback from small and micro businesses. The strategy employed included town hall style meetings, door-knocking, and one-on-one technical assistance and education on the impact the project will have on small and micro businesses, especially for the immigrant community. Surveys are not the best way to gather information from the African immigrant community. Notwithstanding, some members of the community did participate. There is still a lot of work to be done to educate and share information about the project. LIBA conducted four focus group meetings to inform, share, and gather information from business owners. Presenters at the meetings included Alatus, Project for Pride in Living (PPL), and Resurrecting Faith World Ministries. The City of Brooklyn Park staff was there to answer questions. Many of the questions and concerns included: LIBA Focus Group What is the Opportunity Site Project? What are the benefits this project brings to small and micro businesses? How was selection conducted in bringing the parties to the table? How was the initial survey conducted, and how was it conducted around small and micro businesses? How much is the project going to cost? Who is paying for the project? Will the retail and business areas be affordable? Would businesses be able to own commercial space in the Opportunity Site? Will the structure of residential be inclusive of retail spaces? How many spaces will be created for small and micro businesses? How will the selection be made as to who qualifies to be in that space? Will funds be provided to businesses to prepare them to acquire these spaces? Will the developers contract with minority businesses in the project? Is the City putting money into this project? Pilot Opportunity Site Enagagement Report 39 How much does the project cost? Is the City going to manage the property or outsource the management of the property? #BUSINESS NAME BUSINESS ADDRESS BUSINESS TYPE 1 IFRI, LLC 5615 Brooklyn Blvd. #200, Brooklyn Center, MN 5542 S-Corp 2 More of Liberia, LLC 3300 County Rd 10 #201 Brooklyn Center, MN 55429 Sole Proprietorship 3 House Royals D'Afrique Boutique 5901 Brooklyn Blvd. # 1146, Brooklyn Center, MN 55430 Sole Proprietorship 4 Moneyline Group Corp. 5901 Brooklyn Blvd. # 207, Brooklyn Center, MN 55430 C-Corp 5 Cavalla Travel & Tour 5701 Shingle Creek Parkway #325 Brooklyn Center, MN 55428 Limited Liability Company 6 Vee Event Décor 1400 57th Ave. N. Brooklyn Center, MN 55430 Sole Proprietorship 7 Taye Service Corporation 5901 Brooklyn Blvd. # 207, Brooklyn Center, MN 55430 C-Corp 8 Car World, LLC 6500 Brooklyn Blvd. #207, Brooklyn Center, MN 55429 S-Corp 9 SA & Associates, LLC 3300 County Rd 10 Ste. 512i Brooklyn Center, MN 55429 S-Corp 10 Nissi Investment Group 5901 Brooklyn Blvd. #114B Brooklyn Center, MN 55429 Sole Proprietorship 11 Nuda Distributors LLC 3300 County Rd 10 STE. 500 I, Brooklyn Center Limited Liability Company 12 0127739 98-10 577A 12/28/2001 13 0205067 00-01 704 5/24/2002 14 0206057 98-17 217 6/10/2002 15 0218110 99-23 094 12/16/2002 16 0308538 94-22 139 5/6/2003 The businesses listed below were provided technical assistance in micro loans and were informed about the Opportunity Site. They were provided all the necessary information. Technical Assistance Activities Pilot Opportunity Site Enagagement Report 40 #DESCRIPTION OF ACTIVITIES # OF PARTICIPANTS 1 1st Focus Group Meeting 15 Participants 2 2nd Focus Group Meeting 18 Participants 3 3rd Focus Group Meeting 20 Participants LIBA Monthly Business Meeting 19 Participants 4 3 Flyers Developed 750 Flyers distributed 5 WhatsApp Information Distribution 250 Contacts 10 times distributed 6 Constant Contact Information Sharing 1,000 Contacts 3 times distributed 7 LIBA Newsletter Electronic 1,000 Contacts 8 LIBA Newsletter Hard Copy 500 Contacts 9 LIBA Internal Email Distribution 250 Distributed 3 times 10 Door-Knocking to Businesses Over 100 Brooklyn Bridge Youth Alliance From our history of engagement and partnership with community, we have learned that the best work comes in partnership with those that we are engaging with. To this effort, we hired four youth interns from the community to help in designing our outreach and engagement plan as well as the delivery of information based on their experience on understanding and learning about the proposed Brooklyn Center Downtown Masterplan. Interns studied the proposed masterplan and created a collaborative presentation to report back how they understood the plan and would explain it to others. Then we prepared a curriculum of learning on the historical impacts that development has had on Black and Brown communities in MN and the greater United States. This included learnings on gentrification and displacement and the strength of community engagement to bring about renewal, healing, and progress. From that, we designed an iterative engagement model that was about being able to deliver information to youth and learning from them while simultaneously building relationships with cohorts of students that were recruited at Brooklyn Center Highschool and Brooklyn Center Early College Academy. Ultimately, we wanted youth to be able to provide feedback on the proposed Masterplan while also understanding their values as it relates to their community at present and in the future. Pilot Opportunity Site Enagagement Report 41 Pre-engagement: training youth interns and co-design of an engagement strategy Community-building circle session Info session on Masterplan Impacts of development Feedback: Consensus-building and focused conversations Post-engagement - building network and linking opportunities Engagement model for Brooklyn Center Community Development Youth Engagement The interns were also trained in a facilitation method called Youth-as-Facilitative-Leaders Training (YFL) that teaches on how to facilitate focused conversations and large group consensus-building. This training was given with the anticipation of having them assist in facilitating engagement sessions with youth in the schools, but due to numerous challenges that resulted in conflicting schedules, school workload, and other activities, this was not possible. To finish off their internship at the BBAY, they helped initiate recruitment for the first cohort of students. Overall, recruitment and outreach involved extensive partnership from Brooklyn Center Community Schools (BCCS). Brooklyn Center Highschool allowed our Youth Engagement Specialist to regularly teach an extra-curricular class to the first cohort of students. From there, we were also able to recruit students during after-school programming to form a second and third cohort of mostly ninth graders to participate in virtual sessions. A fourth cohort was formed with the aid of Brooklyn Center Early College Academy (ECA), which is the alternative-learning center for BCCS. We were able to do hybrid sessions for the fourth cohort allowing for in-person and virtual engagement. Cohorts 1 and 4 underwent a consensus-building workshop, while cohorts 2 and 3 shared their feedback through a facilitated focused conversation. In total fifty-three students across four cohorts were recruited across different modes and mediums. Each cohort experienced the aforementioned engagement model split up into a multitude of sessions based on the amount of time we had available with each group. For example, the first cohort that was taught during class was only available on Tuesdays and Thursdays for one hour each day. Pilot Opportunity Site Enagagement Report 42 We were committed to meeting with them at least one of those days each week from October – December. Because we knew we had more time with this cohort, we were intentional with spreading out the material. For other cohorts, these students were recruited and voluntarily participated rather than being enrolled in a class. This meant that we had less time with them, and we needed to be concise and intentional with the sessions we had. We did not want to start a cohort with the intention of having youth undergo a multiple- week long curriculum only to see students unable to attend each consecutive week. Instead, we had fewer overall sessions that were longer in length to capture the attention of students while also allowing us to continue to build relationships and learn what we needed to learn. Overall, the process for outreach relational in nature. It was important to us that we went directly to where we knew students were. As we recruited, we focused on learning about who each individual student was and for them to get a glimpse of who we were so that when they entered the larger shared spaces, they would be able to make meaningful connections to us as facilitators and the content that we wanted to share. This was key to the success in engagement. For the engagement model listed above, much of the level-setting and community-building happened during the loose community-circles where we were able to build relationships with the young people in the space and learn about how they viewed their community and their city. From that, students were given a high-level presentation on the proposed Brooklyn Center Downtown Masterplan and an overview of the first phase of development. We also taught students about gentrification, displacement, and the impacts of development so they could fairly participate in providing feedback. The finale of each cohort session was gathering feedback either through building consensus or having focused conversations on the overall information using the YFL method. To present the findings, we consolidated common themes from the feedback gathered across four different cohorts. Pilot Opportunity Site Enagagement Report 43 Brooklyn Center High School Brooklyn Center Early College Academy 31 22 Male Female 22 31 Live in Brooklyn Center Live outside of Brooklyn Center 36 17 9th Grade 10th Grade 11th Grade 12th Grade 18 6 9 20 Community Involved Fifty-three students from Brooklyn Center Community School District were engaged. Below are the demographic data. This is a representative visualization of race across all cohorts. The total number listed in the above pie chart exceeds the total number of participants because some youth identified as mixed race. Pilot Opportunity Site Enagagement Report 44 In total, thirteen engagement sessions were conducted across four different cohorts with fifty-three students. Below is the consolidated feedback from building consensus with groups and facilitating focused conversations as well as some feedback youth provided during the initial community-building sessions on their overall feelings towards living in Brooklyn Center. Note that consensus building workshops are designed to intentionally capture all voices, thoughts, and opinions. While some findings may appear contradictory, they represent a variety of youth and their current realities and future aspirations. We began the session with building community, which involves understanding how youth felt in relation to themselves and their city. This was done to level-set with each cohort while simultaneously building a relationship with them. Each group was asked these questions during their community-building circle session and encouraged to have free-flowing conversations. Below are some specific quotes from youth who contributed responses that seemed shared amongst members of their cohorts. Youth Feedback Student Relationship to the City “It makes you feel like you’re something and not nothing.” “It’s sometimes scary but when you’re seen or heard, it feels validating.” “It feels like you actually matter to people and your opinions matter.” “Being seen or heard is one thing, but accountability matters.” “I like the diversity of different people in Brooklyn Center.” “I like that I see people take action when change is needed.” “I really like the community and the people in Brooklyn Center. It feels like a tight-knit community.” “When one of us succeeds, it feels like we all succeed.” “This school (referring to the BC Early College Academy) is a great impression for what Brooklyn Center is all about. It feels like one close community.” “I want to see people and things – like live music – happen in the streets.” “I don’t like the crime. How do we invest in community to reduce crime rates?” “Roads are crappy” “There are a lot of empty spaces and lots” “Everything is so far from where we want to be (when asked to clarify, they mentioned stores, entertainment, movies, sports).” 1. What does it feel like to be seen or heard? 2. What do you like about your city? 3. What do you not like or want to see changed? Pilot Opportunity Site Enagagement Report 45 “No spaces or activities to hang-out with friends or family” “We are always pit as the underdog in comparison to other youth in other cities.” “Yes, I can see myself living here as an adult, but I don’t see myself having a career here. It’s never been shown to us how we can do that.” “Yes, my family is here and I would want to stay close to them.” “No, I am leaving Brooklyn Center as soon as I can.” “I don’t have any attachment to this city so I don’t see myself staying here as an adult.” “More activities for youth and families.” “Recreational and community center to play sports and do other activities.” “Natural green spaces to study and be at peace.” “More stuff to do inside even during winter.” “Cultural exhibitions of the diversity in the city.” “Festivals, live-music, community get-togethers” “Help students get good jobs.” “Student-life is dominated by schools. If teachers and schools don’t make personal connections or promote positive environments to their students, this will reflect on how students view their community.” 4. Do you see Brooklyn Center as a place you want to stay in or have a career? 5. What would make you stay in this city to feel like you belong? 1. Community-centered approached designed to bring people and families together. Consensus-building and focused-conversations feedback was gathered between what youth felt were strengths of the plan and what they feel like was missing/what they want to see added. By far the aspect of the masterplan that was identified as a strength most frequently was the community- centered design that was illustrated in the document. One phrase that often came up was that this, “will bring community together.” Youth believe this will encourage community-members to engage with each other and build relationships in ways that were not available before and especially now during the ongoing COVID-19 Pandemic. We were fully transparent on the City’s decision to involve community partners to engage with Brooklyn Center residents as an extension to this plan. As reflected in some of the individual answers, youth were appreciative that they were being involved as community members in helping inform direction of development. Overall Strengths of Proposed Downtown Masterplan Pilot Opportunity Site Enagagement Report 46 2. Walkable and bikeable area with activities replace space that currently has no use. 5. Expanded housing for affordable living. 6. Green spaces and added parks for youth and families to enjoy. 3. Emphasis on small-business development for economic growth of local business owners with the potential for job creation for youth and adults. 4. Centralized services makes it more accessible for folks with transportation barriers and reduces financial burden attached with commuting. Youth took notice at the intention to create larger physical spaces for people to be able get from one place to another. They specifically cited and mentioned larger sidewalks, crosswalks, bike lanes and trails, and hubs of transportation for people to be able to access the proposed Downtown area. An attraction to them was the potential of having a circulator constantly running through the downtown area. Alongside that, students identified that this central area could boost the value of surrounding areas that include their schools. Youth in Brooklyn Center are not ignorant of the large empty lots that occupy much of the spaces in their city and think that this downtown area will make their city look better while adding some much- needed services and entertainment. Many youth appreciated the intentionality of the masterplan in recognizing the diverse family units and households that exists in Brooklyn Center. They liked that 30% of new housing will be allocated as affordable for any prospective family or individual. Youth were impressed and fascinated by the potential expansion of green spaces and recreational activities that would be available to them should the developers and City go forward with what has been proposed. Youth liked the idea of being able to kayak and swim outside locally. Alongside the added park benefits were the potential for winter activities for residents during the winter season. These potential features interested youth who owned pets. Other strengths that were listed individually include the stormwater draining system, more accessibility for pet owners. Youth identified the incubation and development of small businesses as a strength. They see this as an opportunity for teens and young adults to get easier access to jobs with many of them excited at the possibility of being future entrepreneurs. Many youth that were engaged do not have a car or a license. They also recognize that Brooklyn Center has less than surrounding cities, and when they want to do something, they need to go outside the city. Youth mentioned that the added Downtown area would allow them to stay in the city if they needed certain services or wanted to hang out, and with the added transportation options, it will be easier for them to get there. One student mentioned that this will save their parents money on gas because they will no longer have to go out of the city to go to the store or see a movie. Pilot Opportunity Site Enagagement Report 47 1. An intentional plan focused on the public safety of residents and their well-being. 2. Essential businesses and spaces related to health, basic needs, and other specialized services for people from all backgrounds. 3. Strong efforts by the city to prevent gentrification and displacement of current residents. 4. Affordable recreation, entertainment, and public art. We recognize that some of the feedback from youth listed below may already be represented in the Downtown Masterplan but may not have been clear or may be work in other city departments. This feedback suggests that these items should be included in master plans and will ultimately impact the success of the development. In an age of social media, youth are fully aware of the instances of police brutality that have happened within the Twin Cities and in their City of Brooklyn Center. They want to feel seen and safe, not criminalized. They want community to be engaged in the public safety discussions. For some cohorts, we asked them, “what is the single-most important thing you would want the city and developers to consider when implementing this masterplan?” and many of them pointed to having a safer city so they could go outside and hang out with friends. Some identified the uncertain feelings of safety during the protests following the police killing of Daunte Wright in April 2021. Alongside this notion of public safety is the well-being of community as a whole. They want to see clinics that focus on teen health and wellbeing. Youth specifically cited the Teen Annex Clinic as an example. Other spaces they would like to see are spaces for youth who are part of the LGBTQIA community where youth and individuals can go for support or additional resources. Youth also specifically point at the population of people who are homeless. They would like to see a shelter here in Brooklyn Center or some added supports that address root issues to the problem of homelessness. Many youth that we engaged with were not familiar with the terms, “displacement,” or “gentrification,” but were familiar with the impacts that Top Golf had on surrounding areas. Some youths were residents at Melrose Gates Apartments and saw rent prices increase when the adjacent Top Golf came into town. While most youth saw the intentional allotment of 30% of all housing to be affordable as a strength to the masterplan, some were also concerned with the use of area median income to exaggerate the real affordability for current Brooklyn Center residents. Youth want to see clear effort and communication by the city that shows that current residents will still have a place in Brooklyn Center when development happens near their neighborhoods. Youth love sports and art. They want to see a community and recreation center where they can play basketball, volleyball, and other activities. This is something that isn’t always available to them when the winter season comes. Alongside that, youth want to see art and they want to have access to more activities that allow them to explore their creative side. Youth would also like to see color in the streets. This may mean more public art installations that may include murals and wall-paintings. They want live music and other recreational options that are not just limited to shopping and restaurants. “What is missing?” from the proposed Downtown Masterplan Pilot Opportunity Site Enagagement Report 48 5. Environmentally friendly plan that focuses on clean building, clean streets, and clean water. 6. Development that leads to improved community education. Youth were receptive to the added infrastructure for intentional stormwater draining, but they want to see the city development also incorporate sustainable building practices when it comes to construction. They want added efforts to prevent littering from residents, and they especially want to see efforts to clean current water sources in Brooklyn Center such as Shingle Creek, especially if the proposed aquatic activities such as swimming and kayaking are to be implemented in the city development. Youth are aware of the differences in academic experiences that they have in comparison to their peers in other cities. They hope that this new development will change that. They want to see their school district be engaged more in the direction of development. They hope that this leads to improved community education via more school funding to allow for more opportunities for young people. Other Concerns include wondering how this will be paid for? How will this impact the physical location of our school? Pilot Opportunity Site Enagagement Report 49 CHALLENGES MN ZEG ZOG MIND There were several challenges we faced in order to meet this objective. We realized that contacting 50,000 people is more than the population of Brooklyn Center. It also meant that in order to contact 50,000 people, we are targeting everyone who is not Hmong as well. As a result, we targeted our ads to reach the Hmong population in Brooklyn Center. Additionally, the lack of personnel, COVID-19 restrictions, and the cold weather played a factor in reaching our target audience. We believe that given additional resources and time, we could have made a bigger impact. Like any other project, the organization faces some challenges in engaging the community in the survey and questionnaire. These can be categorized as follows: time, language barrier, how members and the participants should be adequately compensated, location where target population can be connected, and operational factors such as how many people can be mobilized to be part of the project and how members would be trained to approach the participants. Time is important, and as the saying goes, time is money. The first obstacle is to find the time that would be convenient for many of our members to meet. Regular meetings are required instead of the normal monthly meetings. Since the project has to be completed within a given time, regular meetings are needed for strategic planning, proper discussion, and outstanding results. However, many of our members are working class, and most of them are professionals working different shifts at different locations. To overcome this challenge, the executive members of the organization decided to meet online once a week prior to involving the general populace, usually in the evenings when most people are home from work. It was at these meetings that most of the decisions were made and the standard sets. An online engagement platform was used. Questionnaires were developed, and flyers were created and posted on various WhatsApp platforms specifying a date and time for the online survey. Members were paid, and every participant received a gift card. We needed to overcome the language barrier. Apart from English, which is the official language, many of our members speak and understand other languages that are the same or similar to what many of the residents speak. Therefore, it’s easy for our members and other participants to engage with the community without having to hire a third party to interpret for some segments of the society who are struggling with the English language. We addressed location and how target populations were connected. Pilot Opportunity Site Enagagement Report 50 To ensure that every segment of the society is reached, some members of the community were hired—young, old, students, professionals, and parents. Training on how to approach people and politely request them to complete the questionnaire was done, adequate monetary compensation was provided, and every participant was awarded a gift card. Members were encouraged to visit grocery stores, malls, and religious houses, preferably in the evenings and on weekends. These are the places where different people from different backgrounds, beliefs, and genders were engaged. With all the planning and arrangements in place, it was no surprise that the feedback was huge, and the project was very successful. Minnesota African United Minnesota African Coalition Over the course of the project, we ran into some challenges. The biggest challenge was around COVID-19. When meeting in person, it was important that we all wore masks and socially distanced. This was difficult to have conversations with these barriers. We also wanted to ensure cleanliness, so having hand sanitizer on hand was crucial. Another challenge was that we originally wanted to do door-knocking after each event; however, the weather played a huge factor in this (cold weather, volunteers not having proper outside gear, etc.). A final challenge was that the dates on which we were expecting to do some of our events conflicted with dates our community already had commitments on—whether for school, religion, work, or family. We were able to overcome all of them by pivoting and doing the best we could to meet the project goals and support our community. The biggest challenge was the COVID-19 pandemic that made it difficult for people to meet face to face. Traditionally, African immigrants like face-to-face meetings. The pandemic drastically reduced meetings in person and get-togethers for our constituents. We mitigated this by meeting residents at places such as churches and vaccination centers. We also braced the pandemic by conducting town hall meetings and focus group meetings in person, because not everyone has access to computers for online meetings. Another issue was hesitancy by some residents who were skeptical that the engagement was a smokescreen and their opinions did not matter. We assured them that the City and the City Council were solidly behind this project. We encouraged them to sign up for updates on the Opportunity Site, reach out to EDA and the council, and attend other meetings the City will be organizing to keep the residents informed on the developments of the Site. It was also very challenging to bring together four organizations to execute a short-term project like this one. It impacted our speed and execution because we kept meeting and communicating to carry everyone along. Although it was difficult, the good side of it was a great opportunity to work together. Generally, African organizations do not bind together to execute a project like this, which we are working on to do better. We are celebrating this milestone of working successfully together. Pilot Opportunity Site Enagagement Report 51 Another challenge was COVID-19. All four group leaders were infected by the virus at some point during this engagement. Currently, one of the group leaders is down with COVID-19. We had other members helping out to get the work done. Stemming from work completed in 2019, the BBAY recognized a disconnect between what young people shared what they would like to see in future developments (such as expanded corporate retail and restaurant options), and the possible impacts of gentrification and displacement from those new additions to the city. For this iteration of engagement, we wanted to make sure that while we were sharing the proposed Masterplan, we were also teaching youth a high-level overview of the impacts that development has historically had on communities of color in Minnesota and the United States. Alongside that additional consideration was the intentional effort to create a space that promoted community-building to better understand how young people felt about the City of Brooklyn Center and their relationship to it. Important to note is the similarities that we found when engaging with youth that were reflected in this work and the work done in 2019. Like any other community engagement, there were challenges in engaging the small and micro business community. Some of the challenges included but were not limited to the following: Business owners were concerned that after the project is completed, big businesses will come from the outside and take over the spaces. Some were concerned that not enough information had been provided to the community concerning the project. Others were concerned that the project might displace their businesses. Many small and micro businesses are run by one or two persons. Those owners wear many caps in running the daily operations. Many of them did not have the time during business hours to chart or participate in surveys, although they were very interested in the process. The African immigrant business community is unique in that many of the owners are struggling to maintain their businesses, and many have evening or night jobs to help sustain their families and could not fully participate in focus groups meetings. Some of the businesses did not understand the Opportunity Site concept and needed more time to comprehend the concept. For many, it was the first time they had heard about the Opportunity Site Project in Brooklyn Center. The weather and COVID-19 presented some challenges in getting business owners to come to the meetings. LIBA Brooklyn Bridge Youth Alliance Pilot Opportunity Site Enagagement Report 52 To reiterate, the six major strengths on the Masterplan include: Below are the six major themes of what they felt was missing, needs clarification, or to be included: Community-centered approached designed to bring people and families together. Walkable and bikeable area with activities and space that otherwise have no use. Emphasis on small-business development for economic growth of local business owners with the potential for job creation for youth and adults. Centralized services make it more accessible for folks with transportation barriers and reduces financial burden attached with commuting. Expanded housing for affordable living. Green spaces and added parks for youth and families to enjoy An intentional plan or consideration that focuses on the public safety of residents and their well- being. Essential businesses and spaces related to health, basic needs, and other specialized services for people from all backgrounds. Strong efforts by the city to prevent gentrification and displacement of current residents Affordable recreation, entertainment, and public art. Environmentally friendly plan that focuses on clean building, clean streets, and clean water. Development that leads to improved community education. While we were able to receive a lot of strong feedback for the Downtown Masterplan, we also uncovered a lot of unanticipated learnings about how youth view, engage, and interact with their city and community as they provided holistic answers that were not addressed or considered during the drafting of the Masterplan. This includes identifying some root issues that the City will need to address. Below are some of those key findings and questions for consideration. Moving the community forward and together: It was clear to us that youth were very excited by the potential development, and they were impressed by the overall presentation of the Masterplan. From our conversations with young people, we often heard that there were no spaces in Brooklyn Center for youth to be able to gather, hangout, and be themselves. They see this potential downtown area as a remedy to this problem that is so commonly felt amongst their peers. They identified a lot of the above strengths because young people want beautiful spaces that allow for cultural, artistic, and physical expression, not empty spaces and lots that remain unused. As they received this information, we challenged them to also view it as young adults who will soon be entering adulthood. From their responses, we could see how important community was to them as they all universally felt that this new downtown development was something that could truly bring people together in ways that they have not been able to experience in their time living in Brooklyn Center. Pilot Opportunity Site Enagagement Report 53 This was significant to us, because in our initial community-building sessions, we observed a polarizing dynamic of feelings that youth had towards Brooklyn Center. Youth came off as almost jaded about living in Brooklyn Center. They had little attachment to the city itself but were warm and appreciative towards the people who lived in this city. That was where their sense of pride lay. These young people saw the diversity of people in this city as a richness but also recognized the lack of opportunities and services that existed for them. Gap in engagement between existing city-assets and community: The feeling of having less opportunities were partly since young people were just unaware of the services that were available to them. This first came apparent as we conducted community-building sessions and later as we gathered feedback on what was missing from the overall Master plan. Youth were telling us that they want to specifically see things like skate parks, bigger parks, trails, study spaces, and jobs for young people. This was something that occurred in all cohorts, and we asked them if they were aware of what was available to them. Most had no idea that Centennial Park even existed or what BrookLynk was, and many have never even stepped foot into Brookdale Library. Aside from the feedback youth were providing, young people were showing us that there were so many gaps of engagement between youth and families and the public institutions that serve them. This subliminal message kept emerging as we learned more about what they felt was missing from the overall Masterplan, and we saw it as a reflection to all the things that youth need but have not been receiving regardless of if they already exist in the community or not. Public safety implementation into overall Masterplan: As we look at some of what young people identified as missing from the Masterplan, the most frequent concern was regarding public safety. Young people want to be able to freely be themselves in community gathering spaces and enjoy new services that were built for them and their families. They don’t want to feel criminalized or profiled. With new development, there will most certainly be areas with more foot traffic from current residents, new residents, and visitors. Youth were concerned and want to see a public safety plan that focuses and centers the community, because they also want to feel safe. Additionally, youth identified the feelings of uncertainty due to instances of police brutality in Brooklyn Center and surrounding areas. Some mentioned how unsafe they felt during the protests and law enforcement response following the police killing of Daunte Wright in April 2021. Pilot Opportunity Site Enagagement Report 54 Direct and intentional efforts to prevent inequitable impacts of development: Youth also need reassurance from their city that they and their families still have a place here when this development finishes. What they want to see more of is stronger efforts to combat potential displacement of current residents. Youth feel pride in the people that live here, and we know that the city does too. They want the focus of development and expanded housing to be in the context of Brooklyn Center and not the regional Twin Cities. School, city, and community partnership: Youth are also focused on how this impacts their schooling. One young person saw the downtown area super-imposed on the Opportunity Site and recognized that their school (BC Early College Academy) was in the middle of that area. They asked if it was going to be torn down, and we did not have an answer for them. Students want to see more partnership between their school district and the city, and if there is partnership, they want transparency on this partnership. We explained to them that this development can have potentially positive impacts to funding for their school district through increased tax base, but beyond that youth were not sure how this specifically benefits their schools or their families. This was crucial to them and was missing from the Masterplan. Perhaps this is something to be explored during the creation of the Community-Benefits Agreement on how current residents and students are directly benefited from this development. As important as the feedback that was provided by young people, what was just as crucial that we learned from this work is the need for a community development approach that is also intentional in the investments of human and social capital. We recognize that the creation of a Masterplan is traditionally focused on considerations for a built environment, but to our understanding, it is also a dynamic guiding document that also considers how community and residents interact with the development that ensures the growth and development of the entire community. If the Masterplan is to be fully inclusive of what community wants, then this is specifically what young have shared that they need. As we finish this iteration of work, we strongly encourage the city and the development team to address some of the key questions that we uncovered from this work. Young people want to feel confident, safe, seen, and respected. What are ways the city can see this feedback as an opportunity to address public safety concerns that were expressed by young people now and how can this be implemented in the overall development later? How can we as public institutions change how we engage with each other and our families to ensure that they are aware that these parks, services, and career development supports exist for them and how do we make sure that these efforts are maintained when new services arise from development? Lastly, we want to express the importance in putting current residents first. As development is planned and implemented, how can we make sure that our current residents stay engaged, seen, cared for, so that they stay in the city and further enrich our community with their talents? Pilot Opportunity Site Enagagement Report 55 APPENDIX MAC Engagement Online Survey Report More Outreach Needed to Inform All Residents about Opportunity Site Development In the final report, 85 people filled out the survey. At the beginning of the survey, we asked only those who are connected to the City to fill out the survey. Based on the sample of those who filled out the survey, the results show that a quarter of them have not even heard about the Opportunity Site. Only one person who did not live, work, or do business in Brooklyn Center filled out the form, which was excellent sampling. Pilot Opportunity Site Enagagement Report 56 Engagement Enthusiasm Scale We asked the respondents if they would attend Town Hall meetings. We got similar results when we asked if they would participate in a focus group meeting. That shows the high level of enthusiasm of the sample of residents we asked to participate in the Opportunity Site discussion. 41% said yes 22% said maybe 35% said no Pilot Opportunity Site Enagagement Report 57 The Value of the Community Center to the Residents To measure the residents’ interest on the community center and how valuable it is to them, we asked them, and 98% said it is valuable to them. Resident’s Desire to Own a Piece of the Opportunity Site A strong theme that emerged throughout our engagement efforts with residents was property ownership. We decided to test this in our online survey, and below is the result. This is important information for the stakeholders in the Opportunity Site planning to consider. Explore ownership models that are feasible for those who are interested in participating. EDA, the City Council, and community-based organizations should intensify efforts to build a sustainable support system in order for residents to acquire resources to actively compete in the ownership piece of the Opportunity Site since this is a long-term development. It is noteworthy that 22% of the respondents had white European roots, yet they voted for the BIPOC ownership of the event center. Pilot Opportunity Site Enagagement Report 58 About 99% of the respondents wanted the Opportunity Site to support the economic development of the City of Brooklyn Center. Only one voted no. Below is the result. Property Ownership and the City’s Resiliency We gauged the interest of sampled residents in buying or renting in the Opportunity Site, and 47% indicated an interest to buy, 25% indicated an interest to rent, and 28% have no interest to buy or rent. That indicates a strong interest by the participants in continuing to call Brooklyn Center home. Pilot Opportunity Site Enagagement Report 59 Distribution of Races Who Responded African Americans – 24% White Europeans – 22% African Immigrants – 20% Liberians – 20% Blacks – 9% Kenyans – 2.5% Gender breakdown of those who took the survey. Pilot Opportunity Site Enagagement Report 60 Pilot Opportunity Site Enagagement Report 61 Pilot Opportunity Site Enagagement Report 62 Pilot Opportunity Site Enagagement Report 63 Pilot Opportunity Site Enagagement Report 64 Pilot Opportunity Site Enagagement Report 65 ([KLELW* M E M O R A N D U M DATE:July 8, 2022 TO:Ginny McIntosh, City Planner/Zoning Administrator FROM: Mike Albers, P.E., City Engineer SUBJECT:PUD Submittal & Preliminary Plat Review – Opportunity Site Phase 1 Public Works staff reviewed the following documents submitted for review for the Opportunity Site Phase 1: ƒPreliminary Plans dated June 14, 2022 Subject to final staff approval, the referenced plans must be revised in accordance with the following comments/revisions and approved prior to issuance of Land Alteration permit. Storm: 1. All on-site storm sewer and sediment pretreatment facilities shall be considered private. All storm sewer lines and facilities must be specifically labeled “private sewer”. 2. Submit to the watershed district for a site-specific watershed permit. 3. The City anticipates that Bolton & Menk, Inc. (BMI) will be completing a regional storm memo in the next couple weeks, as BMI is modifying the regional ponds due to additional Opportunity Site Phase 1 areas draining to the regional system. Coordinate with BMI as necessary to ensure that the Opportunity Site Phase 1 site is complaint with the regional system, its water quality capacity, and the regional models that show rate control overall. 4. The Stormwater calculations appear to be adequate, and the HydroCAD information provided is sufficient. 5. The Stormwater report discusses WQV requirements under NURP standards equal to 87,734 cubic feet. The storm sewer system discharges into the downstream-most, and smallest, pond in the stormwater park. This pond only has 16,000 cubic feet of dead storage, as currently graded. All ponds are hydraulic connected and can share their dead storage overall. However, it would be prudent to discharge the storm sewer from the Opportunity Site Phase 1 site into the southern- most pond. 6. Provide a sediment pretreatment facilities (sump manhole with a SAFL Baffle or a grit chamber) prior to discharging into the regional system. Sanitary Sewer: 7. All sanitary sewer other than the existing public sanitary sewer shall be considered private. All sanitary sewer lines must be specifically labeled “private sewer” or “public sewer” as determined by the City Engineer. 8. Elevations appear to be corrected from the first review. All inverts to rim elevations meet minimum cover. 9. All sanitary lines connect to the proposed 8” city sanitary sewer main on the new roadway north of the site. These connections to the proposed 8” city sewer make sense. The elevations of the proposed 8” city sewer line running East-West should be verified with BMI to ensure that the proposed connection inverts for the Opportunity Site Phase 1 plans are adequate. ([KLELW+ Opportunity Site Phase 1 PUD Submittal & Preliminary Plat Review Memo, July 8, 2022. Watermain: 10. All watermain line other than the existing public watermain shall be considered private. All watermain lines must be specifically labeled “private watermain” or “public watermain” on all final plans as determined by the City Engineer. 11. Label watermain sizes on all utility sheets. Also label all tees, reducers and bends. a. The 16” line adjacent to Bass Lake Road & proposed 12” pipe connection at the new roadway north of the site are labeled, but all other watermain pipes within the site are not labeled. Watermain from the 16” DIP to the proposed 12” DIP connection at the new roadway north of the site should be 12” pipe. The remaining watermain should be sized for fire flow and distribution needs. 12. Show any watermain off set locations. 13. Verify that there are no utility crossing conflicts since no profiles were shown. SWPPP & Erosion Control: 14. Proved an overall SWPPP & Erosion Control plan sheet that cover all work needed to serve the site including the Opportunity Site Phase 1 area, the new roadway north of the site and the regional pond area. 15. SWPPP & Erosion Control sheets were provided for the Phase 1 sites, except for sites 6 & 7. a. The Opportunity Site PUD Application pdf shows the site plan for sites 6 & 7, but no further detailed plan sheets are provided. Is this because the buildings on this block will be built later? It is mentioned on the project phasing sheet that sites 6 & 7 will be left as impervious lots striped for overflow parking, until construction of the lots in 2025-2027. 16. Provide interim grading sheets for sites 5-7. Roads/Trails/Sidewalks: 17. Provide street signage & striping plan. See additional comments on sheet G005. 18. Ensure that Clearview Triangles are met at all street intersections. 19. Provide detailed vehicle turning and tracking movement diagrams for delivery vehicles, garbage trucks and fire trucks demonstrating specific and actual routes. 20. Provide sidewalk easements for all public sidewalks or trail that are outside of the ROW along Shingle Creek Parkway or the new roadway north of the site 21. Sign locations must be further reviewed to ensure sight-lines are maintained and there is no encroachment on any easement. Sign locations will be subject to final City review and approval conditions of the preliminary plan and independent sign approvals. Traffic: 22. The PUD is slightly different than the Opportunity Site Traffic and Transportation Analysis but similar to the EAW with minor revisions to development mix sizes. BMI’ review indicates no major changes in comparison to the Opportunity Site Analysis and the EAW, especially in the critical PM peak hour. It is not likely that the difference will result in unacceptable traffic operations for the area. The proposed access to Bass Lake Road as identified in the Opportunity Site Analysis is now not included as part of the project. The traffic results from the Opportunity Site Analysis should be updated for the change in trip distribution and access use with this and other development changes in the area in comparison to the original study, especially as it relates to roadway lane needs into and out of the area, and to verify that safety and operations are not negatively impacted. Opportunity Site Phase 1 PUD Submittal & Preliminary Plat Review Memo, July 8, 2022. Lighting: 23. The City will be establishing streetscape and lighting standards are part of the overall master plan for the area. Coordinate street lighting with City’s proposed standards. Preliminary Plat: 24. See attached letter from Webb Surveying for comments related to the preliminary plat. 25. Review the lot line between Lots 1 and 2, Block 4. It appears that portions of building 4 courtyard and site features cross over the property line. 26. Lot 1, Block 1 lists Site 1A multi-family housing,Site 1B entrepreneurial market, and a future plaza area. How are these areas owned and maintained? Review with City Planner if this need to be something other than a single lot. 27. Provide exhibits reflecting Vacation of Easements that will be rededicated on the new plat and submit easement vacation application to Public Works. General Comments 28. See redlines for additional comments. 29. Provide an exhibit delineating areas, utilities and improvements by public vs private. 30. The City has submitted the plans to Minnesota Department of Transportation (MnDOT) for review. Applicant must meet requirements from the MnDOT review. 31. The City has submitted the plans to Hennepin County for review. Applicant must meet requirements from the Hennepin County review. 32. Provide a copy of the irrigation plans. 33. The applicant shall be responsible for coordinating site development plans and utility relocation plans with all private utility companies (Xcel Energy, CenterPoint Energy, CenturyLink Communications, Comcast, etc. ). Any further easements necessary to provide utility service to the proposed site development shall be dedicated to the public for public use with the final plat. 34. Utility Facilities Easement Agreement is required. 35. A 10’ drainage and utility easement must be dedicated on the plat around the entire perimeter of the site and on other lot lines. All utilities and storm water management facilities to be within a drainage & utility easement. An additional utility easement must be dedicated on the plat for the private water main and sanitary to allow for maintenance access per the Utility Facilities Easement Agreement. 36. Upon project completion the applicant must submit an as-built survey of the property, improvements and utility service lines and structures; and provide certified record drawings of all project plan sheets depicting any associated private and/or public improvements, revisions and adjustments prior to issuance of the certificate of occupancy. The as-built survey must also verify that all property corners have been established and are in place at the completion of the project as determined and directed by the City Engineer. 37. Inspection for the private site improvements must be performed by the developer’s design/project engineer. Upon project completion, the design/project engineer must formally certify through a letter that the project was built in conformance with the approved plans and under the design/project engineer’s immediate and direct supervision. The engineer must be certified in the State of Minnesota and must certify all required as-built drawings (which are separate from the as-built survey). Opportunity Site Phase 1 PUD Submittal & Preliminary Plat Review Memo, July 8, 2022. 38. Provide share access agreements with adjacent properties. a. Cross access, parking and utility agreements are required between all necessary parcels. 39. Applicant must apply for a Land Disturbance permit. Prior to Issuance of a Land Alteration 40. Final construction/demolition plans and specifications need to be received and approved by the City Engineer in form and format as determined by the City. The final plan must comply with the approved preliminary plan and/or as amended, as required by the City Engineer. 41. The construction of project will require an encroachment on an adjacent property. Documentation must be submitted showing authorization for this activity. 42. During construction of the site improvements and until the permanent turf and plantings are established, the developer will be required to reimburse the City for the administration and engineering inspection efforts. A deposit for each lot will be required that the City can draw upon on a monthly basis. The deposit amount will be determined during the Land Disturbance permit review. 43. A Construction Management Plan and Agreement is required that addresses general construction activities and management provisions, traffic control provisions, emergency management provisions, storm water pollution prevention plan provisions, tree protection provisions, general public welfare and safety provisions, definition of responsibility provisions, temporary parking provisions, overall site condition provisions and non-compliance provisions. A separate deposit in an amount approved by the City staff for each lot will be required as part of the non- compliance provision. Anticipated Permitting 44. A City Land Disturbance permit is required. 45. A Watershed plan review and approval is required. 46. A Hennepin County Right of Way permit is required. 47. A Minnesota Pollution Control Agency (MPCA) NPDES storm water construction permit is required. 48. Other permits not listed may be required and is the responsibility of the developer to obtain and warrant. 49. Copies of all required permits must be provided to the City prior to issuance of applicable building and land disturbance permits. 50. A preconstruction conference must be scheduled and held with City staff and other entities designated by the City. The aforementioned comments are provided based on the information submitted by the applicant at the time of this review. 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ϱ͕ϮϬϬƐ͘Ĩͬ͘ϳƐƚĂĨĨĂŶĚ ϰϵĐŚŝůĚƌĞŶΎϭϰ ǀĞŶƚĞŶƚĞƌ ϭϴ͕ϭϳϴƐ͘Ĩ͘ ƉƉƌŽdž͘Ϯϭϴ KƉƚŝŽŶϮdŽƚĂů Ϯ͕ϮϬϲ ΎDEƌĞƋƵŝƌĞƐƌĂƚŝŽŽĨϭ͗ϰďĂďLJ͕ϭ͗ϳƚŽĚĚůĞƌ͕ϭ͗ϭϬƉƌĞƐĐŚŽŽůĞƌ;ĂƐƐƵŵĞϭ͗ϳƌĂƚŝŽĂǀĞƌĂŐĞͿ dŚĞĚŽĐƵŵĞŶƚĂƚŝŽŶƉƌŽǀŝĚĞĚŝŶĚŝĐĂƚĞƐƚŚĂƚƚŚĞĚĂLJĐĂƌĞǁŝůůďĞƉƌŽǀŝĚĞĚŽŶĞƐƉĂĐĞƉĞƌƐƚĂĨĨ;ŵĂdžϳͿƉůƵƐ ƚŚƌĞĞƐƉĂĐĞƐĨŽƌƉŝĐŬͲƵƉͬĚƌŽƉͲŽĨĨ͘dŚŝƐŝƐĚĞĞŵĞĚƚŽďĞŝŶĂĚĞƋƵĂƚĞĐŽŵƉĂƌĞĚƚŽĐŽĚĞĂŶĚŽƚŚĞƌƐŝƚĞƐŽĨ ƚŚŝƐƵƐĞƚŚƌŽƵŐŚŽƵƚƚŚĞdǁŝŶŝƚŝĞƐDĞƚƌŽƌĞŐŝŽŶǁŚĞƌĞŵĂŶLJƉĂƌĞŶƚƐǁŝůůĐŽŵĞƚŽĚƌŽƉŽĨĨĂŶĚƉŝĐŬƵƉ ĐŚŝůĚƌĞŶĂƚƐŝŵŝůĂƌƚŝŵĞƐ;ďĞĨŽƌĞǁŽƌŬ͕ĂĨƚĞƌǁŽƌŬͿ͘dŚŝƐŶĞĞĚƐƚŽďĞƚƚĞƌŵĂƚĐŚƚŚĞŶƵŵďĞƌƌĞƋƵŝƌĞĚďLJ ĐŝƚLJĐŽĚĞ͘ ƵĞƚŽƚŚĞƵƐĞƐ͕ƚŚĞŽŶͲƐƚƌĞĞƚĂŶĚŽĨĨͲƐƚƌĞĞƚƉĂƌŬŝŶŐǁŝƚŚŝŶƚŚĞĚĞǀĞůŽƉŵĞŶƚĂƌĞĂŽŶƚŚĞƐŽƵƚŚƐŝĚĞŽĨ ƚŚĞĐĞŶƚĞƌůŝŶĞŽĨKƉƉŽƌƚƵŶŝƚLJƌŝǀĞŝƐĐŽŶƐŝĚĞƌĞĚƚŽďĞĂĐĐĞƉƚĂďůĞĨŽƌƚŚĞŽǀĞƌĂůůƐŝƚĞ͘ƉĂƌŬŝŶŐ ƌĞĚƵĐƚŝŽŶŽĨϭϬйŝƐĂƉƉůŝĞĚĚƵĞƚŽƚŚĞƐŝƚĞǁŝƚŚŝŶĐůŽƐĞƉƌŽdžŝŵŝƚLJŽĨĂƚƌĂŶƐŝƚƐƚŽƉ͕ƌĞĚƵĐŝŶŐƉĂƌŬŝŶŐŶĞĞĚ ƚŽĂŵŝŶŝŵƵŵŽĨϭ͕ϴϴϭƐƉĂĐĞƐ;Ϯ͕ϬϵϬdžϬ͘ϵϬͿ͘tŝƚŚƚŚĞƌĞĚƵĐƚŝŽŶ͕ƚŚĞĚĞǀĞůŽƉŵĞŶƚĂƐƉƌŽƉŽƐĞĚ;ϭ͕ϭϰϳ ƐƉĂĐĞƐͿĚŽĞƐŶŽƚĂƉƉĞĂƌƚŽďĞĐŽŶƐŝƐƚĞŶƚǁŝƚŚŝƚLJŽĚĞ͕ǁŝƚŚĂĚĞĨŝĐŝƚŽĨϳϯϰƉĂƌŬŝŶŐƐƚĂůůƐ͘ 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The Opportunity Site includes approximately 81 acres and is located in the City of Brooklyn Center. See Figure 1 for study area, study roadways, and study intersections. This summary version of the full report is intended to convey the key elements of the full Traffic and Transportation Analysis Report. The purpose of this study is to analyze the traffic and transportation impacts associated with the development of the Opportunity Site. For this analysis, the following scenarios were evaluated: •2020 Existing Conditions, •2022 Opening Year No Build, •2042 Future Year No Build, •2022 Opening Year Phase 1, •2022 Opening Year Full Development, and •2042 Future Year Full Development. //͘ ^ƚƵĚLJKďƐĞƌǀĂƚŝŽŶƐ The following pages and attached exhibits summarize the findings of the analysis. Some general observations were made while performing the analysis and reviewing the results. General The modeling software considers all intersections and adjusts signal timing and signal operations based on the strategy that allows the entire network to operate at the highest level. This can vary from scenario to scenario, which can result in operational characteristics which may not appear to be intuitive. Based on historic and projected traffic levels in the area, the proposed development activities appear to result in bringing traffic in the area back to pre-recession levels. The Phase 1 development uses are less intense than previously considered. As a result, Bass Lake Road and the south portion of Shingle Creek Parkway operate efficiently, including the intersection of the two roadways. Specific Summit Drive, immediately east of TH 100, has approximately 700 feet of stacking distance between TH 100 and the stop controlled intersection at Earle Brown Drive. Modeling indicates the longest queue length is 75 feet during the AM peak hour and 100 feet during the PM peak hour. 2020 Existing Conditions to 2022 No Build. Improvements to Brooklyn Boulevard, combined with signal timing adjustments, improve conditions throughout the study area. 2022 No Build to 2042 No Build. By 2042, the intersection at TH 100 and Brooklyn Boulevard will begin to experience stress. Shingle Creek Parkway and Bass Lake Road will continue to operate 2  Opportunity Site – Traffic and Transportation Analysis – Summary Report efficiently, with some individual movements becoming difficult in the PM peak hour. 2022 Opening Year Phase 1. The Earle Brown Drive and Summit Drive intersection is shown to experience stress during the PM peak hour. This clears up in later scenarios, as better operations occur on the surrounding roadways. 2022 Opening Year Phase 1 to 2022 Opening Year Full Development. Operations adjustments to traffic signals indicate Bass Lake Road has a better coordinated system. The more intense development-related traffic generators have shifted to the north based on the current master plan documents, adding stress to the intersections on the northern portion of the site. 2022 Opening Year Full Development to 2042 Future Year Full Development. The south portion of Shingle Creek Parkway and Bass lake Road operate efficiently. The background growth, combined with the development on the north portion of the site, will cause delays along the north portion of Shingle Creek Parkway. 2022 Full Development Mitigation 1. Allows the internal and external roadways to operate efficiently. 2042 Full Development Mitigation 1. Adding the background growth begins to stress individual movements throughout the roadway network. All intersections continue to operate at LOS D or better. ///͘ džŝƐƚŝŶŐŽŶĚŝƚŝŽŶƐ Existing Roadway Capacity An analysis was performed to review the existing roadway capacities for Shingle Creek Parkway and Bass Lake Road. These are two critical roadways which will provide access to the site. Our findings are as follows: • The existing traffic capacity along Shingle Creek Parkway is between 26,900 and 32,200 vehicles per day based upon the existing roadway typical section. The volume to capacity ratio is 0.28 to 0.33. • The existing traffic capacity along Bass Lake Road is between 26,900 and 32,200 vehicles per day based upon the existing roadway typical section. The volume to capacity ratio is 0.50 to 0.60. A volume to capacity ratio less than 0.85 is considered acceptable. Each of these roadways currently has an acceptable capacity. Traffic Counts Twenty-four hour turning movement counts were completed in February and March of 2020 at 17 intersections. During initial meetings with Hennepin County, MnDOT and the City of Brooklyn Center, it was decided that the Brooklyn Boulevard/TH 100 NB ramps and the 57th Ave N/Logan Avenue intersections be added to the study. Due to the atypical traffic patterns associated with COVID-19, traffic count collection ceased, and these intersections were not included in the study. 3  Opportunity Site – Traffic and Transportation Analysis – Summary Report Crash Analysis State crash data for the last three complete years (2017-2019) was reviewed. • No fatal collisions occurred over the 3-year period at any of the studied intersections. • There were 5 serious injury collisions. • Two intersections have an observed crash rate greater than the critical rate: o Brooklyn Boulevard & Bass Lake Road, and o Humboldt Avenue North & Freeway Boulevard. • The remaining intersections are operating within the expected range. Based on the data, this appears to be more of a local road issue. If the total crashes would be reduced by 4 over a three-year period, they would fall back into the normal range. We recommend monitoring the crashes and performing additional analyses if the crash rate remains high. Sight lines, gaps, and lighting should be reviewed. See Figure 2 for crash related information. Existing Traffic Operations Analysis Operational analysis results are described as a Level of Service (LOS) ranging from A to F. LOS A through D is commonly taken as an acceptable design year LOS. LOS F indicates an intersection where demand exceeds capacity and drivers experience substantial delay. The control delay was modeled using Synchro and SimTraffic, a traffic analysis software program designed by Trafficware. The Existing Conditions traffic operations analysis models the 2020 roadway geometry, including the TH 100 southbound ramp to John Martin Drive with the existing traffic volumes. All the intersections in the existing conditions operate at an acceptable LOS. Some individual movements reach LOS E and LOS F, however, the intersections only reach LOS C. See Figure 3. NOTE: The 2020 existing conditions model utilizes the Hennepin County signal timing plans provided. Signal timings are “optimized” in the 2022 and 2042 scenario models for the coordinated systems using Trafficware Synchro methodology to improve overall traffic operations. Individual movements (left turn, right turn, and thru) and overall intersection delays may be shown to increase or decrease as a result of the optimization. Additionally, traffic forecasts developed for the study area are influenced by historical growth rates and planned development. Area growth is distributed within the roadway network based upon trip patterns identified in the study report. This distribution will occur unevenly throughout the study area, further impacting each individual intersection. /s͘ dƌĂĨĨŝĐ&ŽƌĞĐĂƐƚ To obtain a historical view of the traffic volumes on Shingle Creek Parkway and Bass Lake Road, the previous years’ traffic count volumes according to the MnDOT were compared. The daily traffic volumes have decreased on Shingle Creek Parkway from 1997 to 2019. During the same period, the daily traffic volumes on Bass Lake Road initially decreased, but by 2019 there was an overall slight increase. See Figure 4 for traffic volume information. 4 Opportunity Site – Traffic and Transportation Analysis – Summary Report For the future scenarios (other than existing), the John Martin Drive ramp was assumed to be closed. The John Martin Drive closure included the southbound TH 100 exit, along with the bridge crossing over TH 100. In the model, the southbound TH 100 traffic was routed to Bass Lake Road. The February 2020 Brooklyn Boulevard conditions were used for the existing conditions model. All other scenarios include the Brooklyn Boulevard geometrics as depicted in the Layout found at: http://www.cityofbrooklyncenter.org/DocumentCenter/View/8038 There is a proposed low volume right-in/right-out access proposed along Shingle Creek Parkway, approximately 400 feet north of Bass Lake Road. We recommend a right turn lane be added for the right-in/right out, along with modifying the right turn lane for the signalized intersection north of Bass Lake Road. See Figure 5, Phase 1 Recommended Construction. Background Traffic Growth The Hennepin County growth factor and historical AADT traffic data provided by MnDOT were used to determine growth rates. The expected growth rates range from 0.50% to 1.16%, with the largest increase anticipated on Brooklyn Boulevard. No Build Traffic Operations Analysis The No Build traffic operations models considers only the background traffic growth without any development traffic. The roadway geometry for the opening year 2022 and design year 2042 no build models assume the southbound TH 100 ramp at John Martin Drive is closed. This places additional stress on Bass Lake Road and Shingle Creek Parkway, as motorists attempt to access the Opportunity site by alternate routes. While the ramp may remain open if no development occurs, the ramp was closed for comparison to the development scenarios. All intersections in the opening year 2022 No Build analysis operate within an acceptable LOS. See Figure 6 for 2022 No Build information. All intersections in the future year 2042 No Build analysis operate within an acceptable LOS. •The Brooklyn Boulevard and TH 100 intersection reaches LOS D in the PM peak hour. •The Brooklyn Boulevard and TH 100 southbound thru movement reaches LOS F during the PM peak hour. •Several other movements reach LOS E during the PM peak hour. See Figure 7 for 2042 No Build information. Opportunity Site Trip Generation The Opportunity site is anticipated to have multiple access points to the existing roadway network, much like the current site. Trip generation estimates for the Opportunity Site were determined using historical traffic data, in conjunction with the provided development strategies, and methods provided by the Institute of Transportation Engineers (ITE), Trip Generation Manual, 10th Edition. Development trips were distributed based on current traffic patterns in the area along with expected traffic distribution to the site. 5  Opportunity Site – Traffic and Transportation Analysis – Summary Report s͘ KƉƉŽƌƚƵŶŝƚLJ^ŝƚĞĞǀĞůŽƉŵĞŶƚdƌĂĨĨŝĐKƉĞƌĂƚŝŽŶƐŶĂůLJƐŝƐ The following development models use the forecasted traffic volumes, combined with the estimated trip generation volumes, to analyze future traffic operations. All of the future traffic modeling scenarios assume the southbound TH 100 and John Martin Ramp is closed. The modeling also assumes traffic signal systems are optimized. 2022 Opening Year Phase 1 All intersections operate within acceptable LOS, with several individual movements reaching LOS E. The modeling indicates the eastbound movement for internal site intersection of Summit Drive and Earl Brown Drive becomes difficult during the PM peak hour. This will most likely result in vehicles using alternative access locations. See Figure 8. 2022 Opening Year Full Development The Shingle Creek Parkway and Summit Drive North intersection operates at LOS D during the PM peak hour. The PM peak hour northbound thru and westbound right movements reach LOS E. The Summit Drive North and Earle Brown Drive intersection (east of Shingle Creek Parkway) operates at LOS F during the PM peak hour. The PM peak northbound and southbound left/thru/right movements reach LOS F, as they have difficulty accessing Summit Drive. During the PM peak hour, traffic backs up on Summit Drive N from Shingle Creek Parkway to the Earle Brown Drive/ Target Access. The large westbound right movement from Summit Drive N to Shingle Creek Parkway backs into the large southbound right from Earle Brown Drive/Target Access to Summit Drive N. See Figure 9. 2042 Future Year Full Development The Shingle Creek Parkway and Summit Drive N intersection operates at LOS E during the PM peak hour. The eastbound thru movement and westbound right turn movement operate at LOS E, while the northbound thru and right movements operate at LOS F during the PM peak hour. Traffic on Summit Drive N backs from Shingle Creek Parkway into the adjacent Summit Drive N and Earle Brown Drive intersection, east of Shingle Creek Parkway. Extended queues from the westbound right turn movement at the Summit Drive N and Shingle Creek Parkway intersection back into and perpetuate the southbound right turn delays and queuing at the Summit Drive N and Earle Brown Drive intersection. The Summit Drive N and Earle Brown Drive intersection operates at LOS F during the PM peak hour. While surrounding intersections operate at LOS D or better, some individual movements reach LOS E and F. See Figure 10. s/͘ DŝƚŝŐĂƚŝŽŶ Roadway improvement options to mitigate the impacts associated with the proposed development are recommended. The traffic operations analysis identifies intersections that operate outside of the acceptable level of service, primarily during the PM peak hour. The mitigation strategies will be required at some point between complete Phase 1 development and full build out of the site. See Figure 11 for a depiction of the improvements. 6  Opportunity Site – Traffic and Transportation Analysis – Summary Report Mitigation 1 Mitigation 1 is recommended once development begins occurring beyond the Phase 1 improvements. 1) Construct a westbound channelized right turn lane at the Shingle Creek Parkway and Summit Drive N intersection. Construct an acceleration lane that continues into the existing northbound right turn lane to I94 eastbound ramp. 2) Install a traffic control signal at the Summit Drive N and Earle Brown Drive intersection, east of Shingle Creek Parkway. The construction of a westbound channelized right turn lane on Summit Drive N at Shingle Creek Parkway will decrease the westbound queue and allow more signal time to be given to the northbound and southbound movements at the intersection. The additional acceleration lane will match into the existing northbound right turn lane to the I-94 entrance ramp. The channelized right turn with acceleration lane moves the merging point of northbound thru and westbound right traffic north of the intersection and keeps traffic flowing. Installation of a traffic signal at the Summit Drive N and Earle Brown Drive intersection will allow the side street traffic from Earle Brown Drive and the future development access to enter Summit Drive N. Figures 12 and 13 show the intersection Levels of Service based on implementation of the Mitigation 1 strategies for 2022 and 2042. In 2022, with the improvements constructed, all intersections operate at Level of Service C or better. In 2042, Summit Drive begins to see stress, but all intersections operate at LOS C or better, while the TH 100 and I 94 ramps have LOS D in the PM peak hour. ƉƉĞŶĚŝdž KƉƉŽƌƚƵŶŝƚLJ^ŝƚĞʹŝƚLJŽĨƌŽŽŬůLJŶĞŶƚĞƌ͕DE dƌĂĨĨŝĐĂŶĚdƌĂŶƐƉŽƌƚĂƚŝŽŶŶĂůLJƐŝƐ ^ƵŵŵĂƌLJZĞƉŽƌƚ&ŝŐƵƌĞƐ  HIGH W A Y 1 0 0 B R O O K L Y N B L V D BASS LAKE RD 57TH AVE SHI N G L E C R E E K P K W Y INT H I G H W A Y 6 9 4 / 9 4 SU M M I T D R EA R L E B R O W N D R EARLE BROWN DR HIGH W A Y 1 0 0 55TH AVE J O H N M A R T I N D R XE R X E S A V E NOR T H W A Y D R FREEWAY BLVD 65TH AVE LO G A N A V E 56TH AV E R OPPORTUNITY SITE CITY OF BROOKLYN CENTER STUDY INTERSECTIONS JAN 2021 LEGEND OPPORTUNITY SITE FEETSCALE 0 500 1000 SIGNALIZED INTERSECTION STOP CONTROLLED INTERSECTION STUDY INTERSECTION FIGURE 1 PHASE 1 CLOSED INTERSECTION INTERSECTIONS OPEN WITH EXISTING SCENARIOS AND CLOSED WITH DEVELOPMENT SCENARIOS HIGH W A Y 1 0 0 B R O O K L Y N B L V D BASS LAKE RD 57TH AVE SHI N G L E C R E E K P K W Y INT H I G H W A Y 6 9 4 / 9 4 SU M M I T D R EA R L E B R O W N D R EARLE BROWN DR HIGH W A Y 1 0 0 55TH AVE J O H N M A R T I N D R XE R X E S A V E NOR T H W A Y D R FREEWAY BLVD 65TH AVE LO G A N A V E 56TH AV E R OPPORTUNITY SITE CITY OF BROOKLYN CENTER INTERSECTION CRASH DATA JAN 2021 LEGEND OPPORTUNITY SITE FEETSCALE 0 500 1000 *TOTAL CRASH CRITICAL INDEX FATAL OR SERIOUS INJURY CRASH CRITICAL INDEX 0.19 0.0 SIGNALIZED INTERSECTION STOP CONTROLLED INTERSECTION *A CRITICAL INDEX GREATER THAN 1.0 INDICATES THE INTERSECTION OPERATES OUTSIDE THE EXPECTED, NORMAL RANGE. 0.16 0.0 0.15 0.0 0.61 0.71 0.80 0.0 1.09 2.69 0.71 0.0 0.60 0.0 0.49 0.0 0.87 0.0 0.61 0.0 0.57 0.0 0.33 0.0 0.0 0.0 0.46 0.0 0.29 0.0 0.56 0.0 0.59 0.0 0.87 0.0 0.39 0.0 0.48 0.0 1.28 0.0 FIGURE 2 PHASE 1 INTERSECTIONS OPEN WITH EXISTING SCENARIOS AND CLOSED WITH DEVELOPMENT SCENARIOS HIGH W A Y 1 0 0 B R O O K L Y N B L V D BASS LAKE RD 57TH AVE SHI N G L E C R E E K P K W Y INT H I G H W A Y 6 9 4 / 9 4 SU M M I T D R EA R L E B R O W N D R EARLE BROWN DR HIGH W A Y 1 0 0 55TH AVE J O H N M A R T I N D R XE R X E S A V E NOR T H W A Y D R FREEWAY BLVD 65TH AVE LO G A N A V E 56TH AV E R OPPORTUNITY SITE CITY OF BROOKLYN CENTER 2020 EXISTING CONDITIONS JAN 2021 LEGEND OPPORTUNITY SITE FEETSCALE 0 500 1000 STUDY INTERSECTION SIGNALIZED INTERSECTION STOP CONTROLLED INTERSECTION MOVEMENT, TIME, LEVEL OF SERVICE EPM PM MOVEMENT, TIME, LEVEL OF SERVICE F AM/PM AM/PM PM AM/PM INTERSECTION LEVEL OF SERVICE, PMB B INTERSECTION LEVEL OF SERVICE, AMA C A B B B A A B C B B B C A A A B A A A A A B A A A B A A A B B B B B B B A A PM FIGURE 3 PHASE 1 PM PM PM HIGH W A Y 1 0 0 B R O O K L Y N B L V D BASS LAKE RD 57TH AVE SHI N G L E C R E E K P K W Y INT H I G H W A Y 6 9 4 / 9 4 SU M M I T D R EA R L E B R O W N D R EARLE BROWN DR HIGH W A Y 1 0 0 55TH AVE J O H N M A R T I N D R XE R X E S A V E NOR T H W A Y D R FREEWAY BLVD 65TH AVE LO G A N A V E 56TH AV E R OPPORTUNITY SITE CITY OF BROOKLYN CENTER AVERAGE DAILY TRAFFIC FORECAST JAN 2021 LEGEND OPPORTUNITY SITE FEETSCALE 0 500 1000 EXISTING ADT 2022 FORECAST ADT 2042 FORECAST ADT 5000 7500 10500 2 6 0 0 0 2 7 5 0 0 3 4 7 0 0 10700 11000 12100 920 0 940 0 104 0 0 18300 18800 20700 16000 16600 19000 16200 16600 18400 13 5 0 14 0 0 16 0 0 59 0 0 60 0 0 67 0 0 7500 7600 8800 90 0 0 91 0 0 10 1 0 0 13 4 0 0 13 6 0 0 15 0 0 0 17 1 0 0 17 4 0 0 19 2 0 0 93 0 0 94 0 0 10 4 0 0 37 0 0 38 0 0 4 1 0 0 6500 6700 7800 31 5 0 32 0 0 35 0 0 10300 10500 11600 3850 3900 4300 7600 7700 8500 87 0 0 88 0 0 98 0 0 FIGURE 4 PHASE 1 R OPPORTUNITY SITE CITY OF BROOKLYN CENTER PHASE 1 RECOMMENDED CONSTRUCTION JAN 2021 FEETSCALE 050100 LEGEND OPPORTUNITY SITE INITIAL DEVELOPMENT SH I N G L E C R E E K P K W Y ROADWAY PAVEMENT CURB & GUTTER / RAISED MEDIAN BASS LAKE RD WB FIGURE 5 CLOSE ACCESSX CLOSE ACCESSX EXISTING SIGNALIZED INTERSECTION HIGH W A Y 1 0 0 B R O O K L Y N B L V D BASS LAKE RD 57TH AVE SHI N G L E C R E E K P K W Y INT H I G H W A Y 6 9 4 / 9 4 SU M M I T D R EA R L E B R O W N D R EARLE BROWN DR HIGH W A Y 1 0 0 55TH AVE J O H N M A R T I N D R XE R X E S A V E NOR T H W A Y D R FREEWAY BLVD 65TH AVE LO G A N A V E 56TH AV E R OPPORTUNITY SITE CITY OF BROOKLYN CENTER 2022 NO BUILD JAN 2021 LEGEND OPPORTUNITY SITE FEETSCALE 0 500 1000 STUDY INTERSECTION SIGNALIZED INTERSECTION STOP CONTROLLED INTERSECTION MOVEMENT, TIME, LEVEL OF SERVICE EPM PM MOVEMENT, TIME, LEVEL OF SERVICE F INTERSECTION LEVEL OF SERVICE, PM B INTERSECTION LEVEL OF SERVICE, AMA C A A A A A A B B A B B B A A A A A A A A A B A A A B B B B B B B B A B A A A A A A A A FIGURE 6 PHASE 1 A A CLOSED INTERSECTION HIGH W A Y 1 0 0 B R O O K L Y N B L V D BASS LAKE RD 57TH AVE SHI N G L E C R E E K P K W Y INT H I G H W A Y 6 9 4 / 9 4 SU M M I T D R EA R L E B R O W N D R EARLE BROWN DR HIGH W A Y 1 0 0 55TH AVE J O H N M A R T I N D R XE R X E S A V E NOR T H W A Y D R FREEWAY BLVD 65TH AVE LO G A N A V E 56TH AV E R OPPORTUNITY SITE CITY OF BROOKLYN CENTER 2042 FUTURE YEAR NO BUILD JAN 2021 FEETSCALE 0 500 1000 B C A D A C A A B C A B B C A A A A A A A B A A A B B B B B B B A B A A A A A A A A P M FIGURE 7 A A A A LEGEND OPPORTUNITY SITE STUDY INTERSECTION SIGNALIZED INTERSECTION STOP CONTROLLED INTERSECTION MOVEMENT, TIME, LEVEL OF SERVICE EPM PM MOVEMENT, TIME, LEVEL OF SERVICE F INTERSECTION LEVEL OF SERVICE, PM INTERSECTION LEVEL OF SERVICE, AMA B PHASE 1 CLOSED INTERSECTION PM PM PM PM PM HIGH W A Y 1 0 0 B R O O K L Y N B L V D BASS LAKE RD 57TH AVE SHI N G L E C R E E K P K W Y INT H I G H W A Y 6 9 4 / 9 4 SU M M I T D R EA R L E B R O W N D R EARLE BROWN DR HIGH W A Y 1 0 0 55TH AVE J O H N M A R T I N D R XE R X E S A V E NOR T H W A Y D R FREEWAY BLVD 65TH AVE LO G A N A V E 56TH AV E R OPPORTUNITY SITE CITY OF BROOKLYN CENTER 2022 OPENING YEAR PHASE 1 JAN 2021 FEETSCALE 0 500 1000 B C A A A A A A B C A B B C A A A B A A A C A B A A A B B B B B B B B A A A A A A A A A FIGURE 8 A A A A LEGEND OPPORTUNITY SITE STUDY INTERSECTION SIGNALIZED INTERSECTION STOP CONTROLLED INTERSECTION MOVEMENT, TIME, LEVEL OF SERVICE EPM PM MOVEMENT, TIME, LEVEL OF SERVICE F INTERSECTION LEVEL OF SERVICE, PM INTERSECTION LEVEL OF SERVICE, AMA B PHASE 1 CLOSED INTERSECTION PM PM PM PM PM PM PM PM HIGH W A Y 1 0 0 B R O O K L Y N B L V D BASS LAKE RD 57TH AVE SHI N G L E C R E E K P K W Y INT H I G H W A Y 6 9 4 / 9 4 SU M M I T D R EA R L E B R O W N D R EARLE BROWN DR HIGH W A Y 1 0 0 55TH AVE J O H N M A R T I N D R XE R X E S A V E NOR T H W A Y D R FREEWAY BLVD 65TH AVE LO G A N A V E 56TH AV E R OPPORTUNITY SITE CITY OF BROOKLYN CENTER 2022 OPENING YEAR FULL DEVELOPMENT JAN 2021 FEETSCALE 0 500 1000 B C A A A A A A B B A B B C A B B B B B A A B D A F B B B B B B B B A A A A A A A A A A PM PM PMPM PM FIGURE 9 A A PMPM PM A A LEGEND OPPORTUNITY SITE STUDY INTERSECTION SIGNALIZED INTERSECTION STOP CONTROLLED INTERSECTION MOVEMENT, TIME, LEVEL OF SERVICE EPM PM MOVEMENT, TIME, LEVEL OF SERVICE F INTERSECTION LEVEL OF SERVICE, PM INTERSECTION LEVEL OF SERVICE, AMA B PHASE 1 CLOSED INTERSECTION HIGH W A Y 1 0 0 B R O O K L Y N B L V D BASS LAKE RD 57TH AVE SHI N G L E C R E E K P K W Y INT H I G H W A Y 6 9 4 / 9 4 SU M M I T D R EA R L E B R O W N D R EARLE BROWN DR HIGH W A Y 1 0 0 55TH AVE J O H N M A R T I N D R XE R X E S A V E NOR T H W A Y D R FREEWAY BLVD 65TH AVE LO G A N A V E 56TH AV E R OPPORTUNITY SITE CITY OF BROOKLYN CENTER 2042 FUTURE YEAR FULL DEVELOPMENT JAN 2021 FEETSCALE 0 500 1000 B C A D A C A A B C B C A B B B B D A B B E A F B B B B B B B B A B A A A B A A A A P M B C PM PM PM PM PM PM PM FIGURE 10 PM PM A A PM A B LEGEND OPPORTUNITY SITE STUDY INTERSECTION SIGNALIZED INTERSECTION STOP CONTROLLED INTERSECTION MOVEMENT, TIME, LEVEL OF SERVICE EPM PM MOVEMENT, TIME, LEVEL OF SERVICE F INTERSECTION LEVEL OF SERVICE, PM INTERSECTION LEVEL OF SERVICE, AMA B PHASE 1 CLOSED INTERSECTION PM PM P M PM R OPPORTUNITY SITE CITY OF BROOKLYN CENTER MITIGATION 1 CONSTRUCTION JAN 2021 LEGEND OPPORTUNITY SITE INITIAL DEVELOPMENT FEETSCALE 060120 PROPOSED SIGNALIZED INTERSECTION SH I N G L E C R E E K P K W Y SUMMIT DR I-94 E B R A M P S ROADWAY PAVEMENT CURB & GUTTER / RAISED MEDIAN EA R L E B R O W N D R FIGURE 11 EXISTING SIGNALIZED INTERSECTION HIGH W A Y 1 0 0 B R O O K L Y N B L V D BASS LAKE RD 57TH AVE SHI N G L E C R E E K P K W Y INT H I G H W A Y 6 9 4 / 9 4 SU M M I T D R EA R L E B R O W N D R EARLE BROWN DR HIGH W A Y 1 0 0 55TH AVE J O H N M A R T I N D R XE R X E S A V E NOR T H W A Y D R FREEWAY BLVD 65TH AVE LO G A N A V E 56TH AV E R OPPORTUNITY SITE CITY OF BROOKLYN CENTER 2022 FULL DEVELOPMENT MITIGATION 1 JAN 2021 FEETSCALE 0 500 1000 B C A A A A A A B B A B B C A B B B B B A A A B A B B C B B B B B B A A A A A A A A A A FIGURE 12 A A A A LEGEND OPPORTUNITY SITE STUDY INTERSECTION SIGNALIZED INTERSECTION STOP CONTROLLED INTERSECTION MOVEMENT, TIME, LEVEL OF SERVICE EPM PM MOVEMENT, TIME, LEVEL OF SERVICE F INTERSECTION LEVEL OF SERVICE, PM INTERSECTION LEVEL OF SERVICE, AMA B PHASE 1 CLOSED INTERSECTION HIGH W A Y 1 0 0 B R O O K L Y N B L V D BASS LAKE RD 57TH AVE SHI N G L E C R E E K P K W Y INT H I G H W A Y 6 9 4 / 9 4 SU M M I T D R EA R L E B R O W N D R EARLE BROWN DR HIGH W A Y 1 0 0 55TH AVE J O H N M A R T I N D R XE R X E S A V E NOR T H W A Y D R FREEWAY BLVD 65TH AVE LO G A N A V E 56TH AV E R OPPORTUNITY SITE CITY OF BROOKLYN CENTER 2042 FULL DEVELOPMENT MITIGATION 1 JAN 2021 FEETSCALE 0 500 1000 B C A D B C A A B C B B B C A B B B B B A B A B A B D B B B B B B A B A A A A A A A A P M C FIGURE 13 A A PM PM A B LEGEND OPPORTUNITY SITE STUDY INTERSECTION SIGNALIZED INTERSECTION STOP CONTROLLED INTERSECTION MOVEMENT, TIME, LEVEL OF SERVICE EPM PM MOVEMENT, TIME, LEVEL OF SERVICE F INTERSECTION LEVEL OF SERVICE, PM INTERSECTION LEVEL OF SERVICE, AMA B PHASE 1 CLOSED INTERSECTION PM PM PM PM PM ([KLELW, City of Brooklyn Center | 6 301Shingle Creek Pkwy | Brooklyn Center, MN 55430-2199 | (763)56 9-330 | www.cityofbrooklyncenter.org Community Development 763-569-33ϯ0 July 8, 2022 Alatus Multifamily and Event Center Site Review Brooklyn Center Building review comments for newly proposed Multifamily buildings & Event center to be located at the Opportunity Site in Brooklyn Center. 1. A SAC determination letter and review by MET Council is required for all buildings prior to a building permit being issued. 2. The buildings will be required to have a sprinkler system installed. City of Brooklyn Center zoning ordinance 3-101 B. (2) as adopted by the Minnesota State Building code 1306 Special Fire Protection system 1306.0020 Subp. 2, Existing and New buildings and MNBC 903.2.8. 3. Fire Hydrants shall be provided for buildings constructed within the Jurisdiction as measured by an approved route around the exterior of the facility or building, on-site fire hydrants and mains shall be provided where required by the fire code official. For buildings equipped throughout with an approved automatic sprinkler system, the threshold for requiring on site fire hydrants and mains shall be increased to 400 feet. Per MNFC 507.5.1. 4. City of Brooklyn Center ordinance Section 5-206; No person shall park any vehicle such a way as to obstruct a fire hydrant. The stopping or parking of a vehicle within 20 feet of a fire hydrant shall be deemed an unlawful obstruction of such hydrant. Verify that all hydrants on site have a 20-foot clear radius around to buildings and parked vehicles. 5. An approved fire apparatus access road shall be provided with an unobstructed width of not less than 20 feet as measured between curbs and as measured between approved stripped parallel parking stalls. Turning radius of a fire apparatus access road shall be determined by the Fire Code Official per MNFC 503. Dead end fire apparatus access roads are permitted to be increased up to 300 feet with an approved sprinkler system before providing an approved turn around. 6. Fire riser rooms located in buildings without direct access to inside the room from the exterior shall have a ground or wall PIV or OS&Y valve installed per City of Brooklyn Center Fire. ([KLELW- City of Brooklyn Center | 6 301 Shingle Creek Pkwy | Brooklyn Center, MN 55430-2199 | (763) 56 9-330 | www.cityofbrooklyncenter.org 7. Trash staging area in Site 1 located next to building shall not be placed within 5 feet of building per MNFC 304.3. Containment /enclosure shall be provided to prevent obstruction of exit discharge to pubic way per MNBC 1028.5. 8. Buildings shall have an accessible route to an accessible entrance; at least 60% of all public entrances to each building shall be accessible per MN Accessibility 1105.1. Sincerely, Dan Grinsteinner Building Official City of Brooklyn Center 763-569-3313 Member introduced the following resolution and moved its adoption: RESOLUTION NO. RESOLUTION REGARDING THE RECOMMENDED DISPOSITION OF PLANNING COMMISSION APPLICATION NO. 2022-003 FOR A RE-PLAT, AMENDMENT TO THE CITY’S ZONING CODE TO REMOVE THE SUBJECT PROPERTY FROM THE CENTRAL COMMERCE OVERLAY DISTRICT, REZONING, AND ESTABLISHMENT OF A PLANNED UNIT DEVELOPMENT TO ALLOW FOR A PHASE I REDEVELOPMENT OF THE CITY’S OPPORTUNITY SITE (2500 COUNTY ROAD 10 AND 5900 SHINGLE CREEK PARKWAY) WHEREAS, Planning Commission Application No. 2022-003, submitted by Alatus, LLC, Project for Pride in Living, and Resurrecting Faith World Ministries (Collectively, “the Applicant”), requests review and consideration of requests relating to certain property under the ownership of the Economic Development Authority (EDA) of the City of Brooklyn Center, and located at 2500 County Road 10 and 5900 Shingle Creek Parkway; and WHEREAS, said requests as contemplated under Planning Commission Application No. 2022-003 include a re-plat of approximately 32 acres, an amendment to the City’s Zoning Code to remove the Subject Property from the Central Commerce Overlay District, and the re-zoning and establishment of a Planned Unit Development, which would allow for an approximately 16-acre Phase I redevelopment of the City’s larger 80-acre Opportunity Site; and WHEREAS, the Subject Property is situated in the Central Commerce Overlay District and pursuant to a determination by City staff, the proposed mixed-use development, and specifically the residential component of the project, is not a defined use within the District; and WHEREAS, given the Zoning Code update currently underway, and guidance from the City’s 2040 Comprehensive Plan, a request is made to remove said property from the Central Commerce Overlay District; and WHEREAS, additional requests are made to re-zone the existing Subject Property, which is currently located within the C2 (Commerce) District, and establish a Planned Unit Development with an underlying designation of Transit-Oriented Development (Planned Unit Development/Transit-Oriented Development), which is in alignment with the identified future land use designation of the Subject Property as outlined in the City’s 2040 Comprehensive Plan, and falls within the allowable density range of 31 to 130 dwelling units per acre; and WHEREAS, the requests, as contemplated under Planning Commission Application No. 2022-003 would provide the full site and building plan approvals necessary to construct a 278- unit multi-family residential building (Site 1A), approximately 27,000-square foot event center with 24-hour childcare center, wellness and barber suites (Site 2), a 205-unit multi-family residential building (Site 3), and a 60-unit multi-family residential building (Site 4), along with their respective site improvements and infrastructure necessary to forward the project; and RESOLUTION NO. WHEREAS, the requests contemplated under the application also account for the lots and flexibilities necessary as part of the re-plat and Planned Unit Development requests to place holder future development and site improvements under the Phase I Opportunity Site redevelopment, including an entrepreneurial market (Site 1B), and three additional phases of multi- family residential on Sites 5 (70-units), 6 (60-units), and 7 (70-units), but of which will require site and building plan approvals under separate application from the City of Brooklyn Center to advance; and WHEREAS, projects that meet or exceed a threshold as set in Minnesota Rules Part 4410.4300 are mandated to complete an Environmental Assessment Worksheet (EAW), and the size of the proposed project, as contemplated under Planning Commission Application No. 2022- 003, and multi-use nature of the project, meets or exceeds these thresholds, which necessitated the completion of an EAW; and WHEREAS, a draft EAW was submitted to the City of Brooklyn Center for preliminary review and consideration, published, and distributed to affected regional jurisdictions for a 30-day public review and comment period, and a virtual public meeting held; and WHEREAS, on June 13, 2022, the City Council of the City of Brooklyn Center approved City Council Resolution No. 2022-061, declaring no need for an Environmental Impact Statement (EIS) for the Opportunity Site Phase I development, which finalized said EAW; and WHEREAS, a public hearing notice was published in the Brooklyn Center Sun Post on June 30, 2022, notifications were mailed to property owners and residents within the identified area of notification, as outlined in Minnesota State Statute and City Code requirements, and development proposal signage was installed on the Subject Property by the City of Brooklyn Center; and WHEREAS, the Planning Commission of the City of Brooklyn Center, Minnesota failed to meet quorum at the meeting scheduled for July 14, 2022, the public hearing was not held, and a recommendation was unable to be provided; and WHEREAS, a new public hearing notice was submitted to the Brooklyn Center Sun Post for publication on July 28, 2022, and updated notifications were mailed to property owners and residents within the identified area of notification; and WHEREAS, by allowances granted under Minnesota Statutes Section 15.99, Subd.3(f), a 60-day letter of extension was provided to the Applicant on July 21, 2022, to allow for the additional time necessary for review and consideration of the application, and to conduct the public hearing; and WHEREAS, on August 8, 2022, the City Council of the City of Brooklyn Center, Minnesota received and reviewed a planning report on the requested re-plat, Zoning Code RESOLUTION NO. amendment, re-zoning, and establishment of a Planned Unit Development, and site and building plan requests for identified Sites 1A, 2, 3, and 4, and related Phase I site improvements, as contemplated within the submittal documentation; and WHEREAS, the City Council of the City of Brooklyn Center, Minnesota held a duly noticed and called public hearing on August 8, 2022, whereby a planning report was presented and public testimony regarding the proposal were received; and WHEREAS, the City Council of the City of Brooklyn Center, Minnesota considered the application requests in light of all testimony received, and the guidelines and standards as outlined under Sections 15 (Platting), 35-202 (Comprehensive Planning) 35-208 (Rezoning Evaluation Policy and Review Guidelines), 35-210 (Rezoning Application Procedures and Reconsideration), 35-230 (Plan Approval), and 35-355 (Planned Unit Development) of the City’s Zoning Ordinance, draft provisions City’s Zoning Code update and forthcoming Unified Development Ordinance, and specifically the district requirements for Transit-Oriented Development (TOD), and the Opportunity Site Active Living guidelines and associated checklist as approved by City Council Resolution No. 2015-154; and WHEREAS, the submitted application was further reviewed against the adopted Opportunity Site Infrastructure Framework, approved under City Council Resolution No. 2021-90, and the draft Opportunity Site Master Plan, and the request complies with the general goals and objectives of the City. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Brooklyn Center, Minnesota to recommend that Planning Commission Application No. 2022-003, submitted by Alatus, LLC, Project for Pride in Living, and Resurrecting Faith World Ministries, be approved based upon the findings of fact in the July 14, 2022, planning report, last revised for August 8, 2022, and the submitted documents and plans as amended by the following conditions of approval: 1. The building plans for Sites 1A (278-unit multi-family residential building), 2 (approximately 27,000-square foot event center with 24-hour childcare center, wellness, and barber suites), 3 (205-unit multi-family residential building), and 4 (60-unit multi- family residential building), are subject to review and approval by the Building Official as noted in the memorandum dated July 8, 2022, and with respect to applicable codes prior to the issuance of permits; and the final location or placement of fire hydrants, or other fire- related building code items, shall be reviewed and approved by the Fire Inspector. a. Any major changes or modifications made to the approved site and building plans and overall PUD plan can only be made by an amendment to the approved site and building plan as approved by the City Council. b. Revise plan sets to address comments and requirements as outlined by the Building Official, Fire Inspector, City Planner, and City Engineer. All plan sets shall be consistent in the information provided. RESOLUTION NO. c. The Applicant shall work to ensure all applicable Minnesota Fire Code requirements have been met as part of any site plan approval. a. Fire sprinkler systems are required to be installed for all buildings and shall be maintained on a consistent basis per City Code requirements. ii. A clearance exhibit is to be provided for all proposed fire hydrants. d. Turning exhibits shall be provided prior to permit issuance to reflect minimum turning radius for fire, garbage, and delivery trucks on private streets outlined in the Phase I Opportunity Site development. e. SAC Determinations shall be submitted by the Applicant to the Metropolitan Council and any associated fees paid at time of any permit issuance. f. A cursory CPTED review was provided for the submittal; however, the Applicant shall work with City to address any outstanding comments and revisions to individual site and building plans prior to permit release. g. The Applicant shall revise the submitted overall PUD landscape plan per City staff comment to incorporate a Phase I planting schedule, and provide site-specific landscape plans for review and approval in advance of permit release. h. The Applicant shall install irrigation systems where necessary to facilitate maintenance of site landscaping and green areas, and irrigation shop drawings shall be submitted for review and approval prior to installation. i. The Applicant shall revise the submitted overall PUD photometric plan to clearly identify all property lines, revise illumination levels, and address provisions of additional lighting, as necessary. Site-specific photometrics are required for submittal in advance of permit release. i. The Applicant shall coordinate street lighting for the Phase I development with the City’s proposed standards for lighting and streetscaping. j. Any outside trash disposal facilities and rooftop or ground mechanical equipment shall be appropriately screened from view per City Code requirements and with materials complementary to the principal building, and a revised site plan and details sheet provided. a. Provide additional detailing for trash pickup for Site 2. b. Adequate spacing of trash staging area from all buildings. k. The Applicant shall submit a Sign Permit Application for any proposed signage (e.g., wall, freestanding) and receive issuance of a permit prior to any installation. All signage shall comply with the City’s Sign Code provisions. 2. The Applicant agrees to comply with all conditions or provisions noted in the City Engineer’s review memorandum and redline comments, and dated July 8, 2022. a. Final grading, drainage, utility, and erosion control plans and any other site engineering related issues are subject to review and approval by the City Engineer for City site and building plan approval and prior to the issuance of permits. b. Approval and issuance of an MPCA NPDES permit. c. Approval and issuance of a Hennepin County Right-of-Way (ROW) permit. RESOLUTION NO. 3. The Applicant shall address any comments and requirements as outlined by Hennepin County, the Minnesota Department of Transportation (MnDOT), and Shingle Creek and West Mississippi Watershed Management Commission. 4. The Applicant shall enter into a Development Agreement with the City of Brooklyn Center, to be reviewed and approved by the City Attorney prior to the issuance of any building permits. a. The development agreement shall include provisions for community benefits, based on recommendations by the Citizen Advisory Taskforce. The community benefits shall be incorporated into the Development Agreement as legally enforceable and shall be recorded against the property. b. Financial guarantee, to be approved by the City and executed in advance of any building permit release, to ensure the Phase I Opportunity Site development will be constructed, developed, and maintained in conformance with the plans, specifications, and standards. 5. The Applicant shall enter into a PUD agreement with the City of Brooklyn Center. This agreement is to be reviewed and approved by the City Attorney prior to the issuance of any building permits. The agreement shall further assure compliance with the development plans submitted with this application, and future phasing contemplated within the Phase I Opportunity Site development. Said agreement shall acknowledge the various modifications to City ordinances, the framework of the PUD (Development Plans and Exhibits), cross parking, access, easement, and encroachment agreements, responsibilities for private and public infrastructure, improvements, and their continued maintenance, and any conditions of approval to assure compliance with the approved development plans. a. Administrative approval to address any necessary revisions and alterations to proposed design and implementation of public infrastructure, including, but not limited to: proposed semi-regional stormwater ponding, roadway extension, sidewalk and trail connections, and alignments, etc. b. Public wall art shall be reviewed on a case-by-case basis by City staff for consideration as a Class I building material. In these cases, the Applicant shall work with the City’s public art consultant, or other, through selection of an artist to implement said artwork. c. Sites 1B, 5, 6, and 7, as identified in the submittal documentation, shall be subject to separate site and building plan approvals by the City. 1. The Applicant is allowed flexibility in the future development of Site 1B to accommodate a proposed entrepreneurial market of between 20,000 and 30,000-square feet, subject to separate site and building plan approvals by the City. RESOLUTION NO. 6. The Developer shall submit an as-built survey of the property, improvements, and utility service lines prior to release of any Performance Agreement financial guarantee. 7. A Utility Facilities Easement Agreement is required for submittal to the City prior to issuance of any permits. 8. A Construction Management Plan and Agreement and associated escrow are required for submittal prior to the City prior to issuance of any permits. 9. Approval of the preliminary and final plat for the OPPORTUNITY SITE ADDITION are contingent upon the addressing of comments by City Engineer Mike Albers in the memorandum dated July 8, 2022, by Charles Webb, Webb Surveying LLC, in a memorandum dated June 28, 2022, and any comments or requirements provided by the City Attorney’s office, and Hennepin County. a. The successful recording of said plat (mylar) with Hennepin County. August 8, 2022 Date Mayor ATTEST: City Clerk The motion for the adoption of the foregoing resolution was duly seconded by member and upon vote being taken thereon, the following voted in favor thereof: and the following voted against the same: whereupon said resolution was declared duly passed and adopted. 1 CITY OF BROOKLYN CENTER Notice is hereby given that a public hearing will be held on the 22nd day of August, 2022, at 7:00 p.m. or as soon thereafter as the matter may be heard at City Hall, 6301 Shingle Creek Parkway, Brooklyn Center, Minnesota, to consider an Ordinance amending Chapter 35 of the City Ordinances regarding the zoning classification of certain lands located at 2500 County Road 10 and 5900 Shingle Creek Parkway. Auxiliary aids for handicapped persons are available upon request at least 96 hours in advance. Please notify the City Clerk at 763-569-3306 to make arrangements. ORDINANCE NO. 2022-__ AN ORDINANCE AMENDING CHAPTER 35 OF THE CITY CODE OF ORDINANCES REGARDING THE ZONING CLASSIFICATION OF LANDS LOCATED AT 2500 COUNTY ROAD 10 AND 5900 SHINGLE CREEK PARKWAY THE CITY COUNCIL OF THE CITY OF BROOKLYN CENTER DOES ORDAIN AS FOLLOWS: Section 1. Rezoning. Chapter 35 of the City Ordinances of the City of Brooklyn Center is hereby amended as follows: Section 35-2240. CC CENTRAL COMMERCE OVERLAY DISTRICT. The following properties are hereby removed from the (CC) Central Commerce Overlay District zoning classification: Lot 2, Block 2, Brookdale Square Addition, Hennepin County, Minnesota. Lot 1, Block 1, Brookdale Square 2nd Addition, Hennepin County, Minnesota. Section 35-1240. PLANNED UNIT DEVELOPMENT DISTRICT (PUD). The following properties are hereby established as being within a (PUD) Planned Unit Development District’s Zoning Classification: 11. The following properties are designated as PUD/TOD (Planned Unit Development/Transit Oriented Development) District: Lot 2, Block 2, Brookdale Square Addition, Hennepin County, Minnesota. Lot 1, Block 1, Brookdale Square 2nd Addition, Hennepin County, Minnesota. Section 2. Effective Date. This ordinance shall become effective after adoption and upon thirty days following this ordinance’s legal publication. 2 Adopted this day of , 2022. _____________________________ Mayor ATTEST: City Clerk Date of Publication Effective Date (Note: (Strikeout text indicates matter to be delete, while underline indicates new matter.